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THE 
 
 ^UQi&Uvinl ^gnm^^tjft 
 
 A 
 
 PRACTICAL GUIDE 
 
 FOR 
 
 MAGISTRATES, THEIH CLERKS, 
 ATTORNIES, AND CONSTABLES, 
 
 IN 
 
 au iWatterg out of (Quarter 5essitons ; 
 
 CONTAINING 
 
 SUMMAEY CONYICTIONS 
 
 AND 
 
 INDICTABLE OFPBNCES, 
 
 WITH 
 
 THEIR PENALTIES, PUNISHMENT, PROCEDURE, &c., 
 TABULARLY ARRANGED. 
 
 BY 
 
 GEORGE C. Q_K E, '^V^X 
 
 ASSISTANT CLERK TO THE LOBD MAYOR OP LONDON, '. " f>^- \ 
 
 Author of " The Magisterial Formulist," " The Law of Turnpike Roads" ^c. §-o. \T\ \ 
 
 ''■:-. r' 
 Sixti) iSitttott, "h:''^ 
 
 ENLARGED AND IMPROVED. 
 
 LONDON: ~ 
 
 BUTTERWORTHS, 7, FLEET STREET, 
 
 Hain ^nliUeline to tlje @uem'is woet eiulUnt iffajeets. 
 
 SODQES, SMITH & CO., GRAFTON STREET, DUBLIN. 
 
 1858. 
 
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 TT^HIT^ 
 
 "^n^n 
 
 LONDON : 
 
 PRINTED BY C. ROWORTU AND 8QN9, 
 
 BELL VARD, TEMPLE BAR. 
 
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TO 
 
 THE RIGHT HONOURABLE 
 
 JOHN, LORD CAMPBELL, 
 
 LORD CHIEF JUSTICE OF ENGLAND, 
 
 BTC, ETC., ETC., 
 
 ON THE PRACTICE BEFORE JUSTICES OF THE PEACE 
 
 OUT OF QUARTER SESSIONS, 
 
 DESCRIBING SUCCINCTLr IN CLASSES THEIR DUTIES 
 
 IN RESPECT OF SUMMARY CONVICTIONS, 
 
 INDICTABLE OFFENCES, AND OTHER PROCEEDINGS 
 
 IN SPECIAL AND PETTY SESSIONS, 
 
 IS, 
 
 WITH HIS lordship's KIND PERMISSION, 
 
 MOST RESPECTFULLY DEDICATED 
 
 BY 
 
 HIS lordship's very OBEDIENT, HUMBLE SERVANT, 
 
 GEORGE C. OKE. 
 
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PEEFACE. 
 
 The very rapid sale of the large impression of the Fifth Edition 
 of this Work, published in February, 1857, and the growing 
 demand for it, have induced the Publishers, Messrs. Butter- 
 worth, to call upon me for a Sixth Edition, which I very 
 gladly respond to. 
 
 During the last year the additions to and alterations in 
 Magisterial Law have been few, but important. Amongst the 
 statutes may be mentioned the 20 & 21 Vict. c. 43, en- 
 abling dissatisfied parties to call upon, and Justices to state, 
 a Case for the opinion of a superior court on questions of law 
 arising in summary proceedings, which I have fully treated 
 of, and given the necessary forms, at pp. 206 — 214. Also, 
 the 20 & 21 Vict. c. 3, altering the terms of penal servitude 
 for indictable offences, the punishments for which have ac- 
 cordingly been corrected in Chapter 2 of Part II. pp. 699— 
 781. 
 
 I have also endeavoured to increase the usefulness of the 
 Work, which has received so large an amount of patronage, 
 by enlarging many of the Titles and adding others which 
 were called for, viz. — on "Evidence before Magistrates," 
 
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Vi PREFACE. 
 
 "Actions," "Mandamus," "Rule," "Certiorari," "Divorce," 
 "Industrial Schools," "Obscene Books," "Reformatory 
 Schools," &c., a variety of minor improvements as well as 
 observations on practical points which occur only to those 
 who, like myself, are daily and hourly engaged in the ex- 
 tensive and peculiar branch of the Law of which this Work 
 treats. 
 
 I trust that the additions and alterations made to this 
 edition will be found proportionately > to add to its practical 
 value. 
 
 G. C. O. 
 
 Mansion House, 
 
 Londxm, b.c, May 12th, 1838. 
 
 P.S. — In the "Addenda et Errata" will be found such 
 decisions as have been given to the present time, after the 
 proof sheets were corrected by me. 
 
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EXTRACTS FEOM PREFACE 
 
 TO THE THIRD EDITION.* 
 
 " It may not be out of place here to mention, that the design of 
 the work, as stated in the Preface to the First Edition, was sug- 
 gested to me by the inconvenience which Justices and their Clerks 
 experience generally, but more especially when called upon sud- 
 denly to act, and in the bustle of a Petty Sessions, from the want 
 of some book of reference in which might be found succinctly and 
 at a glance the legal requirements of the numerous enactments 
 respecting each oifence punishable summarily ; for in the many 
 publications of that branch of the law, the intervention of other 
 matter, and the absence of references, in many instances, to the 
 various parts of the subject dispersed throughout the works, prevent 
 the immediate perception of and connection between the offence 
 enacted, the penalty, and mode of proceeding for and enforcing it, 
 and other essential particulars so necessary to be instantly known 
 by justices exercising summary jurisdiction, as well as by ad- 
 vocates engaged before criminal tribunals. The offences subject 
 to the summary jurisdiction of justices of the peace number nearly 
 2000, and are annually increasing ; but the work is not limited to 
 summary convictions, it embraces the whole proceedings before 
 justices out of quarter sessions in all matters, arranged upon a 
 thoroughly practical plan for rapid reference ; for the inconvenience 
 alluded to applied equally to the latter as well as the former cases. 
 In the Second Edition the arrangement of the subjects was im- 
 proved (without interfering with its approved tabular form), in 
 accordance with the consolidated practice, pnovided by Sir John 
 Jervis's Acts, 11 & 12 Vict. cc. 42, 43, and a variety of matter as 
 to the practice which had been thereby superseded omitted, and 
 
 * The 1st edit, was published in January, 1843 (at which time and to July, 
 
 1855, the Author acted as Assistant-Clerk to the Newmarket Bench of 
 
 Justices), and contained 410 pages. 
 
 The 2nd edit., published Dec, 1848 „ 495 „ 
 
 „ 3rd „ „ Nov., 1850, .. .. „ 608 „ 
 
 „ 4th „ „ April, 1853, .. .. „ 620 „ 
 
 „ 5th „ „ Feb., 1857 „ 810 „ 
 
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Viii EXTRACTS FROM PREFACE TO THE THIRD EDITION. 
 
 the work divided into Three distinct Parts, as it stands at present ; 
 the First Part relating to Summary Convictions, the Second to 
 Indictable Offences, and the Third to Special and Petty Sessions 
 Matters. Part I. is divided into three Chapters : Chap. I. is The 
 Law and Practice of Procedure in general, from the laying of the 
 Information to the Appeal against the Conviction, subdivided into 
 practical Sections, in the order in which the stages of the practice 
 occur, embodying the general Forms or Outlines in the Schedule 
 to the 11 & 12 Vict. c. 43 ; Chap. II. forms a Synopsis of Offences 
 within the provisions of the 11 & 12 Vict. c. 43, with the penalties, 
 time of proceeding, number of justices, &c. required in each, in 
 which reference is also made to the pages of my other work, 
 " The Magisterial Formdlist," where the special form of 
 technical description of the offence, or other necessary forms re- 
 quired in the proceedings, are to be found ; Chap. III. comprises 
 also a tabular view of Offences, with their penalties, kc, exempted 
 from the operation of the 11 & 12 Vict. c. 43.* Part II. is divided 
 into two Chapters ; Chap. I. is the Law and Practice of Procedure 
 in general, from the preferring of the charge to the committal of 
 the accused for trial, in practical divisions and in the order of time 
 with the general Forms in the Schedule to the 11 & 12 Vict. c. 42 ; 
 and Chap. II. is a Synopsis of Indictable Offences at common 
 law and by statute, showing at a view where each is to be tried, 
 the practice as to bail, the punishment, costs of prosecution, and 
 the page of the " Formulist" in which the technical description 
 of the offence is given. Part III. is divided into two Chapters : 
 Chap. I. gives the Practice in Special Sessions, and Chap. II. 
 that in petty sessions, or by one Justice ; both Chapters containing 
 a reference to the " Formulist" for the special and necessary 
 Forms. 
 
 " To the present edition I have prefixed an Introduction, con- 
 taining general matters, or such as applied more or less to each 
 division or class of the subjects, and by its insertion I have saved 
 much repetition, which otherwise could not have been avoided." 
 
 * Chap. IV., added to the 5th edit, comprises, under the title of " Summary 
 Jurisdictions in Larceny," the Criminal Justice Act and the Juvenile OiTenders' 
 Acts. 
 
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CONTENTS. 
 
 INTRODUCTION. 
 
 I. Op the Nature op the Duties op Justices op the Peace out op 
 Sessions, pp. 1 — 5. 
 
 II. Jurisdiction op Justices as to the Locality, Interest, etc., 
 pp. 5—27. 
 1. As to the Locality of Offences, Sfc, 5 ; 2. Ex Officio Authority of Justices, 
 19 ; 3. When Justices interested in the Case, 20 ; 4. Ouster of Justices^ 
 Jurisdiction, 24 ; 5. General Ingredients to give Justice a Jurisdiction, 
 25. 
 
 III. Of Actions and other Proceedings against Justices, pp. 27 — 44. 
 1. Actions against Justices, 27 ; 2. Mandamus to Justices, 34 ; 3. Rule to 
 Justices to do an Act, 38 ; 4. Writ of Certiorari, 39 ; 5. Habeas Corpus, 
 42 ; 6. Criminal Information against Justices, 43 ; 7. Appeal against or 
 reviewing the Judgment of Justices, 44. 
 
 IV. Op the Constitution and Management of Benches op Magis- 
 trates, pp. 45—54. 
 1. Where Petty Sessions held, and before whom, 45 ; 2. Special Sessions, and 
 Business thereat, 49 ; 3, Management of Business generally, 59. 
 
 V. Of Evidence before Magistrates, pp. 55—81. 
 Preliminary Observations, 55, 56. 
 
 1. The Competency and Examination of Witnesses, 5Q ; 2. General Rules as 
 to Oral and other Evidence, 69 ; 3. Documentary Evidence, 73. 
 
 VI. Of the Office of Clerk to the Justices, and his Fees, pp. 82—88. 
 1. Appointment of Clerk to Justices, 82 ; 2. Fees of Clerk to Justices, 84 ; 
 3. Recovery of Fees, 86. 
 
 PART I. 
 
 AS TO SUMMARY CONVICTIONS AND ORDERS. 
 
 CHAP. I. 
 
 THE LAW AND PRACTICE OF PROCEDURE IN GENERAL. 
 
 Preliminary Observations, pp. 89, 90 ; matters excepted, 90, 91 ; doubts 
 raised as to the applicability of 11 & 12 Vict. c. 43, to certain cases, 91 ; 
 to what 11 & 12 Vict. c. 43, applies to, 91—94. 
 
 Sect. I. — Op the Information and Complaint, their Resuisites and 
 Time, pp. 95—112. 
 1. As to Informations, 95 — 108 ; 2. As to Complaints, 108 ; Forms, 109 — 112. 
 
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Contents. 
 
 Sect. II. — The Process to issue to Defendants, pp. 112 — 117. 
 
 1. On Informations, 112—114; Forms, 115, 116; 2. On Complaints, 116; 
 3. Apprehension without Warrant, 116, 117. 
 
 Sect. III. — Of Remanding Defendant and taking Bail before Heaking 
 AND Adjudication, pp. 118—120; Forms, 120 — 122. 
 
 Sect. IV.— Of Compelling Witnesses' Attendance, &c., pp. 120 — 124; 
 Forms, 124—126. 
 
 Sect. V.— The Hearing and Adjudication, &c., pp. 126 — 165. 
 
 1. Hearing, before whom and where, 126 ; 2. Of Adjournments, 130 ; 3. Ap- 
 pearance of Complainant, and Defendant not appearing, 131 ; 4. Appear- 
 ance of Defendant, and Complainant not appearing, 132 ; 5. Non-appear- 
 ance of either or both Parties at Adjourned Hearing, 136 ; 6. Appearance 
 of all Parties, 136 ; 7. The Adjudication and Proceedings thereon, 140 ; 
 8. The Detention of Juveniles in Reformatories, 157. 
 
 Sect. VI. — Op enforcing Convictions and Orders, and Costs, pp. 165 — 
 188. 
 General observations, 165 — 170. 
 
 1. Ei\forcing Convictions on Informations, 170 — 180; where imprisonment 
 
 only is adjudged, 170 ; Forms, 172, 173 ; where imprisonment in 
 default of payment of a penalty, 173 ; Form, 174; where the penalty 
 is to be levied by distress, 175; Forms, 178, 179; where a statute 
 gives no remedy in default of distress, 179 ; where the statute gives no 
 remedy for enforcing payment, 180. 
 
 2. Detention of Juveniles in Reformatories, 181. 
 
 3. Enforcing Orders on Complaints, 181— 186 ; where imprisonment only is 
 
 adjudged, 183; Forms, 183, 184; where imprisonment in default of 
 payment of a sum, 184 ; Form, 184 ; where the sum is to be levied by 
 distress, 185 ; Form, 185 ; where no remedy given in default of distress, 
 or where there is no remedy for enforcing payment, 186. 
 
 3. Enforcing Costs on Dismissal of Information or Complaint, 186. 
 
 5. Etforcing Costs of Conveyance to Gaol, 186 — 188. 
 
 Sect. VII. — Of the Application of Penalties, &c., pp. 188 — 191. 
 
 Sect. VIII.— Of Appeal against or reviewing the Judgments of Jus- 
 tices, pp. 191 — 214. 
 1. When Appeal allowed. Time, Sfc, 191 ; Forms, 201 — 203 ; 2. Enforcing 
 Judgment when confirmed on Appeal, with Costs, 203 ; Forms, 204, 205 ; 
 3. Stating Case for Opinion of Superior Court on Questions of Law, 206 ; 
 Forms, 211—214. 
 
 CHAP. I[. 
 THE SYNOPSIS OF OFFENCES ETC., within THE PROVISIONS OF 
 
 11 & 12 Vict. c. 43. 
 
 Preliminary observations, 215 ; explanation of the columns, 216 217; expla- 
 nations of abbreviations used, 217. ' 
 *»* The letter and figures O. 10, or otherwise, signify Offence No. 10. 
 
 A. 
 
 Aiders and Abettors, pp. 218, 219. 
 
 Alehouses, pp. 218— 225 ; I. Offences against the licence. O 1— Q- TT ntv^^ 
 offences, O. 10— 28. . ■■ », u. utner 
 
 Aliens, pp. 226, 227, O. 1—4. 
 
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Apprentices, pp. 226 — 2S1, O. 1 — 9. 
 Arsenic, pp. 230—233, O. 1—7. 
 AssAuiT, pp. 232—235, O. 1—6. 
 
 Contents. 
 
 B. 
 
 Banking Companies, pp. 234, 235. 
 
 Baths and Washhouses, pp. 236—237, O. 1 — 4. 
 
 Beerhouses, pp. 236 — 245; I. Offences against the licence, O. 1 — 9; II. Of- 
 fences as to hours, O. 10—16 i III. Other offences, 0. 17—36. 
 
 Betting-houses, pp. 244 — 249, O. 1 — 7. 
 
 Bread and Flour, pp. 248 — 253 ; Offences beyond the bills of mortality, &c., 
 O. 1—21. 
 
 Building Societies, pp. 254, 255, O. 1, 2. 
 
 Burials, pp. 254, 255, O. 1 — 5. 
 
 Burning by Servants, pp. 256, 257. 
 
 Bye-Laws of Boroughs, pp. 256, 257. 
 
 C. 
 
 Cemeteries, pp. 256 — 259, O. 1 — 12, 
 
 Chimney Sweepers, pp. 258, 259, O. 1—3. 
 
 Church, p. 258—261, O. 1 — 4. 
 
 Coals, pp. 260, 261. 
 
 Coast Guard Service, p. 260. 
 
 Coin, pp. 260, 261. 
 
 Combination, pp. 260 — 263, O. 1 — 5. 
 
 Commissioners Clauses Act, pp. 362, 263, 0. 1 — 6. 
 
 Commons, &c., pp. 264, 265, O. 1—7. 
 
 Constables, pp. 266 — 275: I. As to parochial constables, O. 1 — 8; II. As 
 to county police constables, O. 9 — 19 ; III. As to borough constables, 
 O. 20 — 23 ; IV. As to special constables, O. 24—30 ; V. As to con- 
 stables on rivers, canals, &c., O. 31 — 34 i VI. As to constables under 
 Watching Act, O. 35, 36 ; VII. Constables in the Metropolis, 274. 
 
 Copyright of Designs, pp. 274, 275, O. 1 — 6. 
 
 Corn Returns, pp. 274, 275, O. 1, 2. 
 
 Corporations, p. 274. 
 
 County Courts, pp. 276, 277, O. 1, 2. 
 
 Criminal Justice Act, p. 2V6. 
 
 Cruelty to Animals, pp. 276—279, O. 1 — 12. 
 
 D; 
 
 Dead Bodies, pp. 280, 281, O. 1 — 4. 
 Dissenters, pp. 280—283, O. 1—4. 
 Distress, pp. 282 — 285, O. 1—5. 
 Dogs, pp. 284, 285, O. 1—3. 
 Drunkenness, pp. 284, 285. 
 
 Fireworks, pp. 286, 287, O. 1—3. 
 Fisheries, pp. 286—289, O. 1—13. 
 Frames, pp. 288—289. 
 Friendly Societies, pp. 290, 291, 0. 1 — 6. 
 
 Digitized by Microsoft® 
 
xii Contents. 
 
 G. 
 
 Game, p. 290—303 ; I. Trespass in search of Game, O. 1—10 ; II. Killing 
 without certificate, 0. 1 1—20 ; III. Killing on Sunday, &c. O. 21 , 22 ; 
 IV. Killing out of season, O. 23 — 28 ; V. Selling without certificate, 
 O. 29, 30; VI. Buying, &c. unlawfully, O. 31—34; VII. Offences 
 by licensed dealers, &c. O. 35 — 12 a; VIII. Offences by occupiers, 
 O. 43, 44 ; IX. Night-poaching, O. 45—47. 
 
 Gaming Houses, pp. 302-309, O. 1—24. 
 
 Gaols and Houses of Correction, pp. 308, 309, O. 1 — 10. 
 
 Gas Works, pp. 310—313, O. 1 — 16. 
 
 Gunpowder, pp. 312—315, O. 1 — 13. 
 
 H. 
 
 Harbours, Docks and Piers, pp. 314—319, O. 1 — 32. 
 
 Hay and Straw, pp. 318, 319. 
 
 Health (Public) Act, 1848, pp. 318—325, O. 1—32. 
 
 Highways, pp. 326—339 ; I. Offences by surveyors, O. 1—18 ; II. Offences 
 by collector, O. 19—23 ; III. Offences by owners and drivers of carts, 
 &c. O. 24—39 ; IV. Nuisances, O. 40—67 ; V. Other offences, O. 
 68—71. 
 
 Horse Slaughtering, pp. 338—343, O. 1 — 18. 
 
 I. 
 
 Inclosures, pp. 34-2 — 345, 0. 1 — 9. 
 Industrial Schools, pp. 344, 345, O. 1 — 3. 
 Industrial and Provident Societies, pp. 346, 347. 
 Insurance Companies, p. 346. 
 
 J. 
 
 Joint Stock Companies, pp. 346 — 349, O. 1 — 13. 
 Jurors, pp. 350, 351, O. 1—5. 
 Juvenile Offenders, p. 350. 
 
 L. 
 
 Landlord and Tenant, p. 350. 
 
 Larceny pp. 350—359; I. Of animals, O. 1-19; IL Of trees fences &c 
 
 O. 20— 30; III. Accessories and receivers, O. 31, 32. ' ' 
 
 Lighthouses, p. 358. 
 
 Lighting and Watching Act, pp. 358— 361, O. 1 7. 
 
 Lodging-Houses (Common), pp. 360 363, o. 1 3. 
 
 Lotteries, pp. 360 — 363, O. I 4. 
 
 Lunatics, pp. 364-367; I. As to county of borough aiylums, O. 1-18. 
 II. As to private asylums, O. 19 21. 
 
 Malicious Injuries, dd 368 .171 . T Tn »» i 
 
 II To an,, ^,k X ° "^^^^' plants, fences, &c. O. 1—8 ; 
 
 11. To any other property, O. 9 ; HI. Accessories, O, 10 " ' ** ' 
 Manufactures &. PP- 37^-383 ; I. As to artificers, manufacturers, miners, 
 
 woo.?en! flax, lemt mohTr "ik. Z^J^To. '^' ''I' ^^"-^ 
 and dyers, O 10-32- Til io / '"'^' '^^">e'-, or iron manufactures, . 
 
 ^1:^1^7^"'''="^-' ^-^ ^^«. P-3B2; v.^Keg^iatL'^.t:: 
 
 Digitized by Microsoft® 
 
Contents. xiii 
 
 Marines, p. 384. 
 
 Marine Stores, p. 384. 
 
 Markets and Fairs, pp. 384—387, O. 1—19. 
 
 Master and Servant, pp. 386 — 393 ; I. As to false characters of servants, 
 
 O. 1 — 9 ; II. As to misbehaviour by servants in husbandry, &c. and 
 
 masters, O. 10— 17. 
 Merchant Shipping, pp. 392 — 419 ; I. Offences by masters of ships, O. 1 — 
 
 72 ; II. Offences by seamen, O. 73 — 82 ; III. Offences by owners of 
 
 ships, O. 83—86 ; IV. Offences by pilots and other officials, 0. 87 — 
 
 98 i V. Offences by other persons, O. 99—153. 
 Military Law, pp. 418 — 123, O. 1—22. 
 Militia, pp. 422, 323, O. 1—4. 
 
 N. 
 Naval Coast Volunteers, pp. 422 — 425, O. 1—6. 
 Navigable Rivers and Canals, pp. 424, 425, O. 1 — 4. 
 Navy, Seamen in Her Majesty's, pp. 424 — 427, O. 1 — 9. 
 Nuisances, pp. 426—431, O. 1—10. 
 Navy Marine Forces, pp. 424, 425, O. 1 —5. 
 Newspapers and Pamphlets, pp. 426. 
 
 O. 
 
 Overseers, pp. 430, 431, O. 1 — 4. 
 
 P. 
 
 Passenger Ships or Passengers' Steamers, p. 430. 
 
 Paving, &c. Towns, p. 430. 
 
 Pawnbrokers, pp. 430 — 437 ; I. Offences by pawnbrokers, O. 1 — 22 ; 11, 
 
 Illegal pawning, forging duplicates, &c. 0. 23 — 27. 
 Police of Towns, pp. 436 — 443, O.l — 35. 
 Poor, pp. 442-455 ; I. Offences by overseers, &c. 0. 1 — 28; II. Offences by 
 
 workhouse masters, O. 29—36 ; III. Offences in workhouses, O. 37 — 
 
 48 ; IV. Other offences, O. 49—53. 
 Poundbreach, pp. 456, 457, O. 1, 2. 
 Printers, pp. 456, 457, 0. 1 — 6. 
 Promissory Notes, pp. 458, 459, O. 1, 2. 
 
 R. 
 
 Railways, pp. 458-469 ; I. Offences by servants of railway companies, 
 O. 1^-6; II. Offences by companies, O. 7 — 18; III. Offences by 
 other persons, O. 19 — 55. 
 
 Reformatory Schools, pp. 468 — 471, O. 1 — 6. - 
 
 Registers of Baptisms, &c. pp. 470, 471, 0. 1 — 4. 
 
 S. 
 
 Seamen, pp. 470 — 473; I. Offences by seamen in British ships; II. As to 
 
 deserters from foreign ships, 0. 1, 2. 
 Seditious Meetings, pp. 472 — 473, O. 1 — 3. 
 Sheep, pp. 472—475, O. 1—8. 
 Shipb, pp. 474, 475. 
 
 Digitized by Microsoft® 
 
xiv Contents. 
 
 Ships' Passengers, pp. 476—489; I. As to ships in the home trade, 474; 
 
 II. As to steam ships, 476 ; III. 'As to colonial ships, O. 1—61 ; IV. 
 
 As to foreign ships, O. 62 — 64. 
 Sunday, pp. 488 — 191, O. 1—5. 
 Swearing, pp. 490, 491, O. 1—3. 
 
 Theatres, pp. 492, 493, O. 1—6. 
 
 Towns Improvement Act, pp. 492 — 499, O. 1 — 41. 
 
 Turnpike Roads, pp. 500 — 525 ; I. Offences by toll collector, O. 1 — 14; II. 
 
 Offences bysurveyor, O. 15— 19; III. Offences as to tolls, O. 20 — 44; 
 
 IV. Offences by drivers, owners, &c. O. 45 — 64 ; V. Nuisances and 
 
 other offences, O. 65 — 113. 
 
 Vaccination, pp. 524 — 527, O. 1 — 4. 
 
 Vagrants, pp. 526 — 537; I. Idle and disorderly persons, 0. 1 — 7; II. Rogues 
 and vagabonds, O. 8 — 25 ; III. Incorrigible rogues, O. 26 — 2*. 
 
 W. 
 
 Waterworks for Towns, pp. 536 — 539, O. 1 — 15. 
 
 Weights and Measures, pp. 540 — 543 ; I. Offences by inspectors, O. 1 — 4; 
 
 II. Offences by dealers and others, O. 5 — 15. 
 Wreck, pp. 542, 543, O. I, 2. 
 
 CHAP. III. 
 THE SYNOPSIS OF OFFENCES, ETC., TO WHICH THE 11 & 12 
 
 Vict. c. 43, does not extend. 
 
 Preliminary Observations, 544 ; Explanation of the Columns, pp. 544, 545 ; 
 Abbreviations used, p. 545. 
 
 *•« The letters and figures 0. 10, or otherwise, signify Offence number 10. 
 
 B. 
 
 Beerhouses, pp. 546, 547, O. 1—6. 
 
 C. 
 
 Constables, pp. 546 — 549, O. 1—3. 
 
 Customs, pp. 648— 559 ; I. Offences by masters of vessels, O. 1—24- II Of 
 fences by importers and agents, O. 25-28; III. Offences 'by ware- 
 housekeepers, &c. O. 29—31 ; IV. Offences as to smuselinir O 32— 
 46 , V. Other offences, O. 47- 52. ='">"gg"ng. "• ^^ 
 
 E. 
 
 Excise, pp. 560, 561. 
 
 Factories, pp. 560, 561. 
 
 Digitized by Microsoft® 
 
Contents. 
 G. 
 
 Game, pp. 560, 561, O. 1—5. 
 
 H. 
 Hawkers and Pedlaks, pp. 562, 563, O. 1—4. 
 
 P. 
 
 Pawnbrokers, pp. 564, 565. 
 
 Post Horses, pp. 561, 565, O. 1—4. 
 
 Post Office, pp. 564—571, O. 1—27. 
 
 R. 
 
 Race Horses, pp. 572, 573, O. 1—3. 
 
 S. 
 Smuggling, p. 572. 
 
 Stage Coaches, pp. 572 — 577, O. 1—27. 
 Stamps, pp. 578, 579, O. 1 — 5. 
 
 W. 
 
 Wreck and Salvage, p. 578. 
 
 CHAP. IV. 
 
 SUMMARY JURISDICTION IN LARCENY. 
 Preliminary Observations, pp. 580, 581. 
 Sect. 1. — The Criminal Justice Act, pp. 582—593. 
 Sect. 2. The Juvenile Offenders' Act, pp. 594—602. 
 
 PART II. 
 
 AS TO INDICTABLE OFFENCES. 
 
 CHAP. I. 
 
 THE LAW AND PRACTICE OF PROCEDURE IN GENERAL. 
 Preliminary observations, p. 603 ; what 11 & 12 Vict. c. 42 applies to, 604. 
 
 Sect. I. — As to preferring the Charge, pp. 604, 611 i Form, 611. 
 
 Sect. II. — The Process to issue against Offenders, pp. 611 — 645. 
 
 1. In ordinary Cases, 611; Forms, 619, 620; 2. For Offences at Sea or 
 Abroad, 620; Form, 626; 3. Where an Indictment found, 626; Forms, 
 628, 629 i 4. Apprehension of Offenders without Warrant, 630 ; 5. Of- 
 fences in Foreign Countries or the Colonies, 632 ; 6. Offenders flying to 
 France or America or the Colonies, 643 ; Forms, 645. 
 
 Digitized by Microsoft® 
 
xvi Contents. 
 
 Sect. III. — Of Remanding or Bailing Accused before or during Ex- 
 amination, pp. 646—648 ; Forms, 648, 649. 
 
 Sect. IV. — Of compelling. Witnesses' Attendance, &c., pp. 649 — 6S3 ; 
 Forms, pp. 651 — 653. 
 
 Sect. V. — The Preliminary Examination, pp. 653 — 673. 
 
 1. The Court, 653 ; 2. Taking the Depositions in ordinary Cases, 654 ; Form, 
 659 ; 3. Adjourned Examination, 660 ; Form, 661 ; 4. D^ence of Ac- 
 cused, and examining his Witnesses, 661 ; Farm, 664 ; 5. Examination 
 for an Offence in another Jurisdiction, 664 ; Forms, 667 ; 6. Committal or 
 Discharge (f Accused, 668 ; Forms, 670 ; 7. Ordering Prosecution in 
 certain Cases, 671 ; 8. Returning Depositions, furnishing Copies and 
 Restoration of Prisoner's Property, 67l ; 9. As to binding over Pro- 
 secutor, Sfc, 673 ; 10. As to bailing Accused, 673. 
 
 Sect. VI. — Of Binding over Prosecutor and Witnesses, &c., pp. 673 — 
 678 ; Forms, pp. 676—678. 
 
 Sect. VII.— Of Bailing Accused after Examination, pp. 679 — 685 ; 
 Forms, 683—685. 
 
 Sect. VIII. — Of Costs attending Prosecution, &c., pp. 685 — 698. 
 
 1. Costs of conveying Accused to Gaol, 685 ; Forms, 686, 687 ; 2. Expenses 
 incurred by Prosecutor and Witnesses, 687 ; Forms, 697, 698. 
 
 CHAP. II. 
 
 A SYNOPSIS OF INDICTABLE OFFENCES AT COMMON LAW AND 
 
 BY STATUTE. 
 
 Preliminary Observations, 699 ; Explanation of the Columns, 699—703 ; 
 Explanation of Abbreviations used, 703. 
 
 •«* The letter and figures O. 10, or otherwise, signify Offence No. 10. 
 
 A. 
 
 Abduction, p. 704, O. 1, 2. 
 
 Abortion, p. 704, O. 3, 4. 
 
 Abroad, Offences, p. 704. 
 
 Accessories, p. 704, O. 5, 6. 
 
 Accusing of Crime, p. 704, O. 7. 
 
 Admiralty, p. 704. 
 
 Affray, p. 704, O. 8. 
 
 Agents, p. 706, O. 9, 10. 
 
 Aiders and Abettors, p. 706. 
 
 Apprentice, p. 706, O. 11. 
 
 Arms, p. 706, 0. 12. 
 
 Arson, pp. 706—708, 0. 13—28. 
 
 Assault, pp. 708—713, O. 29—43. 
 
 Attempts to Murder, &c., p. 712, O. 44 — 47. 
 
 Attempts to commit Crimes, p. 712, O. 48—50. 
 
 Digitized by Microsoft® 
 
Contents. xvii 
 
 B. 
 
 Bankers, p. 712, O. 51, 52. 
 Bankrupts, p. 714, O. 53 — 56. 
 Bawdy House, p. 714. 
 Bestiality, p. 714. 
 Betting Houses, p. 714. 
 Bigamy, p. 714, O. 57. 
 Blasphemy, p. 714, O. 68. 
 Bribery, p. 714, O. 59. 
 Burglary, pp. 714, 716, O. 60, 61. 
 
 C. 
 
 Carnally knowing Female Children, p. 716, O. 62, 63. 
 
 Cattle, p. 716, O. 64, 65. 
 
 Challenge, p. 716, O. 66. 
 
 Cheating, p. 716, O. 67. 
 
 Child Stealing, p. 716, O. 68. 
 
 Church or Meeting House, pp. 716, 718, O. 69, 71. 
 
 Clergymen, p. 718, O. 72. 
 
 Coin, pp. 718—720, O. 72—88. 
 
 Combinations, p. 720, O. 89. 
 
 Compounding, pp. 720, 722, O. 90—92. 
 
 Concealing Birth, 722, O. 93. 
 
 Conspiracies, p. 792, O. 94, 95. 
 
 Constable, p. 792, O. 96, 97. 
 
 Criminal Justice Act, p. 722. 
 
 Cruelty, p. 722, O. 98. 
 
 D. 
 
 Dead Bodies, p. 722, O. 99. 
 Declaration, p. 724, O. 100. 
 Disobedience, p. 724, O. 101, 102. 
 Disorderly House, p. 724, O. 103. 
 Dissenters, p. 724. 
 
 E. 
 
 East Indies, p. 724. 
 
 Elections, p. 724, O. 104, 105. 
 
 Embezzlement, p. 724, O. 106. 
 
 Enlistment, pp. 724, 726, O. 107—109. 
 
 Entry (forcible) and Detainer, p. 726, O. 110 — 112. 
 
 Escape, Prisonbreach and Rescue, pp. 726 — 728, O. 113 — 125. 
 
 Explosive Substances, p. 728. 
 
 Extortion, p. 728, O. 126. 
 
 F. 
 False Imprisonment, p. 728, O. 127. 
 False Pretences, pp. 728, 730, O. 128, 129. 
 Felony, p. 730, O. 130. 
 
 b 
 
 Digitized by Microsoft® 
 
xviii Contents. 
 
 FiKE Works, p. 730, O. 13J. 
 
 Fish, p. 730, O. 132. 
 
 Forcible Entry, p. 730. 
 
 Foreign Service, p. 730, O. 133. 
 
 Forgery, pp. 730— 738, O. 131— 161. 
 
 Fraudulent Trustees, pp. 738— 742> O. 161 a— 161 1, 
 
 Friendly Societies, p. 742, O. 162. 
 
 G. 
 
 Game (Night Poaching), p. 742, O. 163-166. 
 Gaming, p. 742, O. 167. 
 Gaming-House, p. 742, O. 168. 
 Government, p. 744. 
 Granary, p. 744. 
 
 H. 
 
 Housebreaking, p. 744, O. 169 — 176. 
 
 I. 
 
 Indecency, p. 744, O. 177, 178. 
 
 India, p. 746. 
 
 Insurance Companies, p. 746. 
 
 J. 
 
 Jesuits, p. 746. 
 
 Joint Stock Companies, p. 746. 
 
 Juvenile Offenders Act, p. 746. 
 
 L. 
 
 Larceny, pp. 746-753, O. 179—210. 
 Letter (Threatening), p. 752, O. 211—213. 
 Libels, p. 752, O. 814—218. 
 Lunatics, pp. 752—754, O. 219—223. 
 
 M. 
 
 Maintenance, p. 755, O. 224. 
 
 Malicious Injuries, pp. 754—756, O. 225—244. 
 
 Manslaughter, p. 758, O. 245. 
 
 Merchant Shipping, pp. 758—760, O. 246—251. 
 
 Misconduct, p. 760, O. 252. 
 
 Misprision op Felony, p. 760. 
 
 Murder, p. 760, O. 253. 
 
 Mutiny, p. 760. 
 
 N. 
 
 Newfoundland, p. 760. 
 Nuisances, p. 760, O. 254. 
 
 O. 
 
 Oaths (Unlawful), p. 762, O. 255—257. 
 Oaths (Voluntary), p. 762, O. 258. 
 
 Digitized by Microsoft® 
 
Contents, xix 
 
 Obscekb Books, p. 762. 
 OrricE, p. 762, O. 259. 
 Overseers, p. 762. 
 
 P. 
 
 Perjury, pp. 762—764, O. 260—262. 
 
 Personation, p. 764, O. 263 — 265. 
 
 Piracy, p. 764, O. 266, 267. 
 
 Poison, p. 766. 
 
 Polygamy, p. 766. 
 
 Post Office, pp. 766—768, O. 268—283 a. 
 
 Poundbreach, p. 768, O. 284. 
 
 Public Service, p. 768. 
 
 Q. 
 
 Queen, p. 768, O. 285, 286. 
 
 R. 
 
 Railways, pp. 768—770, O. 287—295. 
 
 Rape, p. 770,' O. 296. 
 
 Receivers, p. 770, O. 297, 298. 
 
 Registers, p. 772, O. 299, 300. 
 
 Registration and Marriage Acts, p. 772, 0. 301 — 304. 
 
 Rescue, p. 772. 
 
 Reward, p. 772, O. 305. 
 
 Rior, pp. 772—774, O. 306—308. 
 
 Robbery, p. 774. 
 
 Routs, p. 774. 
 
 S. 
 Sacrilege, p. 774, O. 309. 
 Sea, Offences at, p. 774. 
 Seamen, p. 774. 
 Sedition, p. 774. 
 Servants, p. 774, O. 310—311. 
 Smuggling, p. 776, O. 312—317. 
 Sodomy, p. 776, O, 318, 319. 
 
 Soliciting to the Commission of an Offence, p. 776, O. 320. 
 Spring Guns and Man Xraps, p. 776, O. 321. 
 Stage Coaches, p. 778, O. 322. 
 Stocking Frames, p. 778, O. 323. 
 Subsequent Felony, p. 778, O. 324. 
 Suicide, p. 778, 0. 325. 
 
 T. 
 
 Tampering with a Witness, p. 778, O. 326. 
 
 Threats, p. 780. 
 
 Treason, p. 778, O. 327, 328. 
 
 V. 
 
 Vagrants, p. 780. 
 
 b2 
 
 Digitized by Microsoft® 
 
Contents. 
 W. 
 
 Wife, p. 780, O. 329. 
 
 WiTCHCKAFT, p. 780. 
 
 Women, p. 780, O. 330. 
 
 PART III. 
 OTHER PROCEEDINGS OUT OF SESSIONS. 
 
 CHAP. I. 
 AS TO MATTERS TO BE DONE IN SPECIAL SESSIONS. 
 
 Preliminary Observations, 782 ; mode of convening Special Sessions, 782, 783 ; 
 
 notice to justices, 782 ; forms, 783, 784 ; adjournment, 784. 
 Alehouses, p. 784 — 787 ; I. Application for and granting licences, 784 j 
 
 II. Transferring licences, &c., 786. 
 Billiards, p. 787. 
 Constables (Borough), p. 787. 
 Constables (High), pp. 787, 788. 
 Constables (Parochial), pp. 788—790. 
 Constables (Special), p. 790. 
 Game, p. 790. 
 
 Hihghways, pp. 790—794. 
 Hundred, p. 794. 
 Jurors, pp. 794, 795. 
 Poor, pp. 795—802: I. Appointment of Overseers, &c., 795; II. Recovery 
 
 of Union Contributions, 798; III. Appeals against Rates, 799. 
 Theatres, pp. 802, 803. 
 
 CHAP. II. 
 
 AS TO MATTERS TO BE DONE IN PETTY SESSIONS, OR 
 BY ONE JUSTICE. 
 Preliminary Observations, 804. 
 Alehouses, p. 804. 
 Aliens, pp. 804—806. 
 
 Apprentices, pp. 806, 807 ■ I. As to Parish Apprentices, 806 ; II. As to 
 
 apprentices in general, 807. 
 Bastards, pp. 807—812: I. Application for and issue of Summons, 807: 
 
 II. Hearing and making of the Order, 809; III. Enforcing Order, 
 
 811 ; IV. Appeal against Order, &c., 812. 
 Betting-Hooses, p. 813. 
 Books, p. 813. 
 
 Building Societies, pp. 813—815. 
 Cemeteries, p. 815. 
 Church Building, p. 815. 
 
 CHURCH l^^^^^,VV^^2-f^^.J.^^^^^^^^ Of Church Rate and its incidents, 
 Coast Guard Service, p. 818. 
 
 Digitized by Microsoft® 
 
Contents. 
 
 XXI 
 
 Commissioners Clauses Act, pp. 818, 819. 
 Companies Clauses Act, pp. 819, 820. 
 
 COKSTABLES (iN GENERAL), p. 820. 
 
 Constables (Special), p. 821. 
 
 Constables (Parochial), p. 822. 
 
 Constables (Borough), p. 823. 
 
 Constables (on Navigable Rivers and Canals), p. 823. 
 
 Corn Declaration, p. 823. 
 
 Corporation, p. 823. 
 
 County Police, pp. 823—832; I. Abstract of the Police Acts, 823; II. 
 Matters for Justices out of Sessions, 832. 
 
 County Rate, pp. 832, 833. 
 
 Customs, p. 833. 
 
 Dissenters, pp. 833, 834. 
 
 Distress, p. 834. 
 
 Divorce, pp. 834—837. 
 
 Drainage, pp. 837, 838. 
 
 Forcible Entry and Detainer, p. 838. 
 
 Friendly Societies, pp. 838 — 845: I. Analysis of the 18 & 19 Vict. t. 63, 
 838 ; II. Provisions as to determination of disputes, 844. 
 
 Game, p. 845. 
 
 Gaming Houses, p. 846. 
 
 Gas Works, p. 846. 
 
 Gunpowder, p. 846. 
 
 Harbours, Docks and Piers, pp. 846, 847. 
 
 Health (Public) Act, 1848, pp. 847—851 : I. Officers of local board not 
 accounting, 847 i II. Recovery of rates and expenses of works, 848 ; 
 III. Persons preventing execution of works, 850. 
 
 Highways, pp. 851 — 853. 
 
 Inclosures, p. 853. 
 
 Industrial and Provident Societies, pp. 853—856: I. Abstract of the 
 acts, 854; II. Jurisdiction of Justices, 856. 
 
 Industrial Schools, pp. 856—866: I. The certifying of Schools, 857; II. 
 When a child can be sent to, and how detained in a school, 858 ; III. 
 Security for good behaviour of child, 862 ; I V. Removal from one 
 school to another, 863 ; V. Discharge irom Industrial School, 86."! ; 
 VI. Enforcing- contributions from parents, 863 ; VII. Offences in 
 respect to schools and evidence, 865 ; VIII. Pauper children, 865. 
 
 Landlord and Tenant, pp. 866, 867. 
 
 Lands Clauses Act, pp. 867 — 870. 
 
 Lighting and Watching Act, pp. 870—872. 
 
 Loan Societies, p. 872. 
 
 Lodging-Houses (Common), pp. 872, 873. 
 
 London, pp. 873 — 877. 
 
 Lunatics, pp. 877 — 890 : I. As to pauper lunatics, 877 i H- As to wandering 
 lunatics, 883 ; III. As to lunatics not under proper care or cruelly 
 treated, 884; IV. As to appeals against orders, 887; V. Removal, 
 discharge, escape, &c. of lunatics, 887 ; VI. As to private patients, 
 889; VII. Justices as visitors of asylum, 889; VIII. Insane pri- 
 soners, 890. 
 
 Master and Servant, pp. 891, 892. 
 
 Merchant Shipping, pp. 892, 893. 
 
 Digitized by Microsoft® 
 
xxii Contents. 
 
 Military Law (Army), pp. 893, 894. 
 
 Militia, p. sg*. 
 
 Naval Coast Volunteers, p. 895. 
 
 Navy (Marine Forces), pp. 895, 896. 
 
 Navy, Seamen in Her Majesty's, pp. 896, 897. 
 
 Nuisances, pp. 897—904. 
 
 Oaths, pp. 904 — 908 : I. Justices' power to administer oaths, 904 j II. Decla- 
 ration in lieu of oaths, 905. 
 
 Obscene Books, pp. 908 — 910. 
 
 Police of Towns, p. 915. 
 
 Pawnbrokers, pp. 910 — 915. 
 
 Poor, pp. 916— 920: I. Appointment of assistant overseer, 916; II. Removal 
 of the poor, 916 ; III. Relief and its recovery, and Poor Houses, 917 ; 
 IV, Maintenance of relations, 918; V. Overseers not accounting, 
 919 ; VI. Allowance and e&cusal of rates, 920, 
 
 Post Horses, p. 920, 
 
 Post Office, p. 921, 
 
 Prize Fight, p. 921. 
 
 Railways, pp. 921—931 : I. Correction of errors, &c. in plans, &c. 921 ; II. 
 Consent of Justices to deviations, crossings, &c., 922 ; III. Disputes 
 as to Fences, Tolls, Water or Gas Pipes, and occupation of roads and 
 lands, 924 j IV. Repair of roads, bridges, &c. by company, 927 ; V. 
 Disputed cases of compensation for lands taken or damage done, 929 ; 
 VI. Payment of special constables for railways, 931. 
 
 Rates, pp. 931 — 935 : I, Recovery of poor and other rates, 931 ; II. Appor- 
 tioning rates on removal, 934. 
 
 Reformatory Schools, pp. 935 — 937, 
 
 Riots, pp, 937, 938. 
 
 Seamen, pp, 938 — 942 : I, Recovery of seamen's wages, 958 ; II. Recovery 
 of master's wages, 941 ; III, Recovery of allotment notes, 941. 
 
 Ships' Passengers, pp. 942—947: I. Complaints by passengers, 942; II 
 Procedure on such complaints, 946 ; III. Granting passage brokers 
 and emigrant runners' licences, 946. 
 
 Sureties, pp. 947 — 951: I. Complaint for sureties for the peace, 947; II, 
 Nature of the recognizance and commitment, 948; III, Costs, 949; 
 IV, Discharge of defendant, 949 ; V. Complaint for sureties for good 
 behaviour, 949; VI. How recognizances estreated, 950; VII. Sur- 
 render of principal by bail, 951. 
 
 Tithes and Rent-Charges, pp. 951, 952. 
 
 Towns Improvement Act, pp. 952 — 954, 
 
 Turnpike Roads, pp, 954, 955, 
 
 Waterworks for Towns, pp. 955, 956. 
 
 Weights and Measures, p. 956. 
 
 Wreck and Salvage, pp. 956-960: I. Inquiries into wrecks, &c., 950;. 
 Arbitration on salvage claims, 959. 
 
 INDEX 961-1018. 
 
 Digitized by Microsoft® 
 
( xxiii ) 
 
 CASES CITED. 
 
 Indexed by the Plaintiffs' Names, except in Crown Cases, which are indexed by the 
 Defendants' Names. 
 
 A. 
 
 PAGE 
 
 Abbott o. Smith 177 
 
 Ackle or Arkle v. Henry 394 
 
 Aiken, R. » 137 
 
 Albans, St., Justices of, R. v. 796, 800 
 
 Alison M. Fumival 73 
 
 Allen, R.ii 28,151 
 
 Allington R. v 4:4: 
 
 Allison, Re 147, 167 
 
 Allport V. Nutt 219 
 
 Amos, R. V 9 
 
 Angwin or Anwyl, Reg. v 391 
 
 Anonymous 7 
 
 Antony v, Cardinham 807 
 
 Archer v. Harrison 814 
 
 Arkle v. Henzell, see "Addenda 
 et Errata.'' 
 
 Armitage v. Walker 814 
 
 Arnould, Reg. v 791 
 
 Ashburn, R. o 610 
 
 Ashley's case , 7 
 
 Ashton, R. D 150, 219 
 
 Askew, Ex parte 105 
 
 Aston, Ex parte 949 
 
 Aston, Reg. V 38,196 
 
 Athay, R. v 44 
 
 Atkins, R. V 801 
 
 Attwood V. Jolifie 28 
 
 Austin, R. » 104, 656 
 
 Ayrton v. Abbott 816 
 
 Azzopardi, R. v. 608, 624 
 
 B. 
 
 Bacon, R. »< 102,151 
 
 Badger, R.i, 44,680 
 
 Bagg's case 950 
 
 Bailey, Reg. 1/ 744 
 
 Bailey and Collier, Re . . 93, 388, 391 
 
 Bailey's case 388 
 
 Baker, Ex parte 42, 389 
 
 Baker, Re 389 
 
 Bakewell, R. «. 91 
 
 PAGE 
 
 Baldry, R. «. 72, 658 
 
 Ball, R. b 730 
 
 Barber v. Jessop 793 
 
 Barham, Rex v. 528 
 
 Barker, R. a 28, 151 
 
 Barnaby, R. v 24 
 
 Barnard v. Pilsworth 814 
 
 Barnes ». White 170 
 
 Barrett,R.» 96,129 
 
 Bartlett, et al., R. «; 59 
 
 Bartlett, R. t 762 
 
 Barton, Reg. v 44, 149, 286, 490 
 
 Barton v. Bricknell 32 
 
 Bassett v. Godschall 34 
 
 Basten v. Carew 28 
 
 Bastow, Doe d, «. Cox 814 
 
 Bath, Recorder ofi R. <; 192 
 
 Batkin, In re, and the Js. of Staf- 
 fordshire 815 
 
 Beamish v. Overseers of Stoke •■ 814 
 
 Beckwith «. Philby 630 
 
 Bedfordshire, Justices of, R. u. . . 198, 
 
 327 
 Bedfordshire, Justices of, v. St 
 
 Paul's, Bedfordshire 200 
 
 Bedder's case 62 
 
 Bedwell, R. u 192, 891, 892 
 
 Beeston, Reg. v G5Q 
 
 Bellamy, R.t> 96,129 
 
 Bellany, Reg. v 43 
 
 Benn, R. t>. 35 
 
 Berryman v. Wise • ■ 267 
 
 Bessell v. Wilson 33 
 
 Bessett, Ex parte 426,901 
 
 Best, Reg. J) 791,821 
 
 Bidwell, R. « 817 
 
 Billingham, K.v 921 
 
 Binney, R. » 204 
 
 Bird V. Jones 232 
 
 Bissex, R. K 283 
 
 Blanc, Reg. » 808 
 
 Blankley v. Winstanley 9 
 
 Bleasdale, K. v 145, 608 
 
 Blues, Re 196 
 
 Digitized by Microsoft® 
 
XXIV 
 
 Cases cited. 
 
 PAGE 
 
 Bolton, R. 1/ 28, 36, 40, 221 
 
 Bond, Reg. v 662 
 
 Bonham's case 20 
 
 Bonner, B. « 609 
 
 Booth, Joseph, Reg. v 789 
 
 Boothroyd, In re 150 
 
 Borron, B. tJ 44 
 
 Boult,B.f 738 
 
 Bourne^u. Lowndes, see "Addenda 
 et Errata," 
 
 Bowdler, Re 144, 168 
 
 Bower, R.« 722 
 
 Bowers v. Lovekin 373 
 
 Bowman v. Blyth 84, 86 
 
 Boyce v. Higgins 319 
 
 Bracey's case 27 
 
 Bradburne t). Whitehead 814 
 
 Bradley, Rex « 105 
 
 Braham v. Joyce 168 
 
 Brandling, Doe V 813 
 
 Breconshire, R. 1/ 813 
 
 Bringloe,R.« 948 
 
 Brisac, R.v 16, 723 
 
 Brisby, Reg. 1) 810 
 
 Bristol, Justices of, R. <; 38, 364 
 
 British Building Society w. Barrett 814 
 
 Brittain v. Kinnard 28, 40 
 
 Brooke, R.v 801 
 
 Brooks, The King v 199 
 
 Brooks ct al., R.v 605, 743 
 
 Broome, R. v 680 
 
 Brown, Ex parte 102, 151, 534 
 
 Brown v. Giles 292 
 
 Brown, R. «. .. 35, 101, 146, 532, 722 
 
 Bryan, Reg. i; 729 
 
 Buchanan, R. » 724 
 
 Buckinghamshire, Justices, Reg.t;. 810 
 
 Burgess, Att.-Gen. i; 101 
 
 Burgon, Reg. » 729 
 
 Burn, R.v 44 
 
 Butler V. Ford 267, 799 
 
 Butler V. Turley 371 
 
 Byron et al., R. e 816 
 
 Cambridgeshire, Justices of, R. v. 801 
 
 Carey, Reg. v 122 
 
 Carpenter, Reg. v 657 
 
 Carr K. Johnson 814 
 
 Carr v. Marsh 718 
 
 Carratt v. Morley 654 
 
 Carter, Re 198,812 
 
 Cashiobury, R. » jgg 
 
 Catherall, R. „ 26,'l6s, 106 
 
 CattcU V. Ireson, see "Addenda et 
 Errata.^ ' 
 
 Cave ti. Mountain 28 40 
 
 Chalk and Mears, Reg. v 780 
 
 PAGE 
 
 Chambers v. Smith 1^6 
 
 Chandler v. Home 128 
 
 Chandler, R. ». 112 
 
 Chandler, Reg. v 722 
 
 Chaney v. Payne 28, 105, 151 
 
 Chaney, R. « 167 
 
 Chapman, R. v 106 
 
 Chart, Great, R. <; 20 
 
 Charter v. Greame and another . . 105 
 106, 150, 161, 360 
 
 Chaveny, R. » 105 
 
 Cheafor, R.v 354 
 
 Chelmsford, Reg. v 88, 820 
 
 Cheltenham, Commissioners, Beg. ». 
 
 21,22 
 Cheshire, Justices of, R. v. 182, 198, 
 221, 786, 811, 812 
 Chester and Holyhead Railw. Co., 
 
 R.V 21 
 
 Child, Reg. D 937 
 
 Chipp, R. ti 100 
 
 Christie v. Guardians of Chelsea 210 
 
 Christopher, R. v 656 
 
 Clarendon, Earl of, v. Rector of 
 
 St. James, Westminster 200 
 
 Clark, Rex v ; . . . 145, 146 
 
 Clarke v. Woods and others .... 932 
 Clee and another. Re . . 38, 102, 151, 
 
 293 
 
 Clements, Reg. v 656 
 
 Clewes, R.V 658 
 
 Cobbett V. Hudson 53, 127 
 
 Cock, R.^. 777 
 
 Cockburn, Reg. v 656 
 
 Cohen b. Morgan 654 
 
 Collier ». Nokes 104 
 
 Collier, Reg. v 658 
 
 Collingwood, Reg. v. 807 
 
 Collins, R. » 38,816 
 
 Constable, R. i; 44 
 
 Coode, R.v 801 
 
 Cooke !). Nethercote 128 
 
 Cooper, R. » 167 
 
 Copland v. Bartlett 814 
 
 Corben, R. « 27 
 
 Cowles V. Dunbar 630 
 
 Cox V. Coleridge 654, 669 
 
 Cox, R. V 44 
 
 Cozens, R. v 43 
 
 Crespigny t>. Wittenoom 813 
 
 Cridland, Reg. v. .. 25, 102, 151, 154, 
 
 29.3 
 
 Cripps ti. Durdeu 103,491 
 
 Crisp, R.V 104, 137 
 
 Crockett, R. t,. 609 
 
 Crofts, Rex v 100 
 
 Croke, R. » 137 
 
 Crook, Reg. v gig 
 
 Cross, Ex parte 42, 16S 
 
 Cross, Re Thomas 535 
 
 Cross and Leyland, Reg. „. ...'. 658 
 
 Digitized by Microsoft® 
 
Cases cited. 
 
 PAGE 
 
 Crowhurst, R. v 105, 672 
 
 Crowhurst and wife v. Laverack 809 
 
 Crowley, Ex parte 810 
 
 Crozier «. Cundy 616 
 
 Cruse, Reg. v 100 
 
 Cryer, K.v 17,772 
 
 Cumberland, Justices of, R. v. . . 192 
 
 Curl, R. D 744 
 
 Curran, R. v 297 
 
 Cutbill V. Kingdon 813, 814 
 
 D. 
 
 Dale 0. Pollard 816 
 
 Dale, Reg. v 188, 219, 221, 223 
 
 Dalton ». Colt 64 
 
 Daman, R. z; 105,106 
 
 Dance v. Dance 528 
 
 Daniel e. Phillips 167,168 
 
 Davey, Ex parte 838 
 
 Davis V. Capper 630 
 
 Davis, Ex parte 113, 535 
 
 Davis, R. V 44 
 
 Davis V. Russell 630 
 
 Davis II. South Staffordshire Rail- 
 way Company 868, 86i>, 931 
 
 Davison v. Gill 292 
 
 Day, Reg. v 658 
 
 Dayman, R,v 38 
 
 Dean v. King 563 
 
 Dean, Reg. v 146 
 
 Deane,R.» 786 
 
 Debley, Reg. v 662 
 
 Delafosse, Reg. v 801 
 
 Delany v. Fox 866 
 
 Delaval, Rex v 781 
 
 Denman, R. v 1 05 
 
 Dennis v. Lane 948 
 
 Deny, Reg. w : 232, 948 
 
 D'Eon, R. K 625 
 
 Depardo, R. k 14, 624 
 
 Derby, All Saints, Reg. v 795 
 
 Derbyshire, Justices of, Reg. v. 196, 
 
 ■794, 812 
 
 Devon, Justices of, Reg. v. 196, 786, 
 
 801 
 
 Dewey v. White 371 
 
 Deybell's case 104 
 
 Dickenson, R. « 200, 271 
 
 Dimes v. Grand Junction Canal 
 
 Co 20 
 
 Dimes's case 20 
 
 Dingle, R. v 658 
 
 Dobbin, R.D 100 
 
 Dobinson V. Hawke 813 
 
 Dodson, Reg. «. . . 24, 233, 356, 368 
 
 Dodwell V. Burford 232 
 
 Doherty, R. » 948 
 
 Dorchester, Justices, R. 1 920 
 
 Dowel) «. Beningfield 96 
 
 PAGE 
 
 Drake, R. v 151 
 
 Drew t). Han-is 88 
 
 Drew, R.V 658 
 
 Driscoll, R. 11 232 
 
 Druce v. Gabb, see " Addenda et 
 Errata." 
 
 Duly V. Sharood 956 
 
 Dunn V. Paekwood 53 
 
 Dunn, Re 950 
 
 Dunn, R. » 36, 871, 948 
 
 Dugdale, Reg. v 530 
 
 Dugdale v. Reg 199, 744 
 
 E. 
 
 Eastern Counties Rail. Co., Re.. 920 
 
 Edmonds v. Rowe 64 
 
 Edmondson, Re 91,869 
 
 Edwards, Ex parte 170 
 
 Eggington v. Mayor, &c. of Lich- 
 field 147, 167,823,848 
 
 Eggington, Ex parte 168 
 
 Eliasv. Nightingale, see "Addenda 
 et Errata.*' 
 
 Ellen V. Tupp 226 
 
 Ellis and another v. Pearce 946 
 
 Elmer v. Norwich 793 
 
 Elmy and Sawyer, Re 104,167 
 
 Elsee ». Smith 610 
 
 Elwell, R.V 150 
 
 Ely, Justices of, R. « 1 96, 204 
 
 Emmett a. Butler 62 
 
 Emmett, In re 867 
 
 Entrehmen's case 66 
 
 Esop, R.V 608 
 
 Evan's case 102 
 
 Eynsham, Reg. II 871 
 
 Exeter Road Trustees, Ex parte 928 
 
 Fagent, R. » 609 
 
 Fentiman, R. i/ 44 
 
 Fenton, R. u. 817 
 
 Ferguson v. Norman 434 
 
 Ferrall, Reg. ti 811 
 
 Field V. Jones . . .' 9S 
 
 Fielding, R. u 44 
 
 Fillongly, R.v 528 
 
 Finley D. Jowle 226 
 
 Fitch, Reg. v 607 
 
 Flannagan v. Overseers of Bishop 
 
 Wearmouth 206, 527 
 
 Fleming K. Self 814 
 
 Fletcher v. Calthrop and Tharpe 1 06 
 
 Fletcher's case 144,168 
 
 Fletcher, Ex parte 648, 672 
 
 Fletcher, Re 106 
 
 Fletcher, R. v 62, 104 
 
 Flintan, R.v. 528 
 
 Digitized by Microsoft® 
 
XXVI 
 
 Cases cited. 
 
 PAGE 
 
 Flintshire, Justices of, Reg. v. . . 196, 
 811, 812 
 
 Foot D.Baker 218 
 
 Forrest, R. « 796 
 
 Foster, R. » 609 
 
 Foulkes, Ex parte 168 
 
 Foxham Tithing, Re 20 
 
 Frazer's case 62 
 
 Frere, Eeg. v 461 
 
 Freestone, Re 533, 534 
 
 Fry,Reg.« 729 
 
 Fuller, Ex parte 283 
 
 Fuller, Rex v 105 
 
 Fullers v. Fetch 28 
 
 Furley, R.v 658 
 
 G. 
 
 Gage, R. I) 139 
 
 Gardner, R. » 743 
 
 Gardner, Reg. „ 729 
 
 Garner, Reg. « 658 
 
 Garrett, Sans, Reg. v. . . 625, 729, 732 
 
 Geleni). Hall 118, 127 
 
 George, R. » 62 
 
 George J). Chambers 177 
 
 George, St., Bloomsbury, Reg. v. 806 
 
 Gerrard, Reg, t> 507 
 
 Gerrard v. Parker 507 
 
 Geswood, Re 93, 107, 388 
 
 Gibbs, R. » 106 
 
 Gilham's case 64 
 
 Gillies, R. I) 722 
 
 Girdwood, R. i; 753 
 
 Glossop, R. J) 28,151 
 
 Gloucester, R. w 87 
 
 Gloucestershire, Justices of, Reg. «. 8 1 
 
 Godolphin, Lord, R. t. 820 
 
 Gorbutt, Reg. v. . . ; 725, 750 
 
 Gordon, Lord George, R.v. .... 625 
 
 Gordon, Reg. v 391 
 
 Gorton, Surveyors, In re 791 
 
 Gower v. Hancock 528 
 
 Grace ». Clinch 196 
 
 Grant, Michael, Re 533 
 
 Grant, Reg. v 815 
 
 Gray «. Cookson ..:... 28,151,228 
 
 Great Marlow, R. ■/ 796 
 
 Green, Reg. v 181, 810 
 
 Greenaway, Reg. w 122 
 
 Griffin, Reg. v 562 
 
 Grimes, Ex parte 808 
 
 Groome v. Forrester 150, 167 
 
 Gudridge, Rex w 21 
 
 H. 
 
 Halifax v. Leeds 887 
 
 Hall, R. ^ 139, 150, 562 
 
 PAGE 
 
 Hall V. Booth 630 
 
 Ham, Local Board of Health of, 
 
 Inre.. 426,901 
 
 Hamilton v. Bass 814 
 
 Hammond's case ^ 608 
 
 Hammond v. Bendyshe 815 
 
 Hammond, Rex v 100 
 
 Hammond, Reg. v 801 
 
 Hance, Reg. ti 533 
 
 Hanson, R. v 192 
 
 Hants, R. v. Justices of 35, 192 
 
 Hanway o. Boultbee 297 
 
 Hardman v. Whiteacre 145 
 
 Hardy v. Ryle 29, 96, 391 
 
 Harmer, Reg. I). 662 
 
 Harper, R. v 24 
 
 Harrington, Earl of, v. Ramsay. . 866 
 
 Harrington v. Moore 24 
 
 Harris ». Morris 528 
 
 Harris, R. v 658 
 
 Harris, Rex u 150 
 
 Harris, Reg. v. 662 
 
 Harrison, Ex parte 808 
 
 Harrison, R. c. 100 
 
 Harrison v. Epsom Local Board 
 
 of Health 793 
 
 Hartley v. Cummings 388 
 
 Harwood, R. n 44 
 
 Hastings, Mayor of, Reg. V 812 
 
 Hawker «. Field 201 
 
 Hawkins, Ex parte 105 
 
 Hayes «. Keene 168 
 
 Haylock ». Sparke .. 29,30,33,950 
 
 Hazel, R.„ 104 
 
 Hearn, R. v 658 
 
 HeathD.Heap 532 
 
 Hellior, R. t,. 204, 221 
 
 Helsham, R. » 14, 624 
 
 Heming, R.j; 44 
 
 Henry, Reg. v 210, 410, 563 
 
 Henry v. Trinity House of New- 
 castle 410 
 
 Herefordshire, Justices of, R. ». 196 
 
 Hertfordshire, R. t/ 20 
 
 Herts, Justices of, Reg. v 7, 20 
 
 Hewett, Reg.« 658 
 
 Hicks, Reg. v..... 97 
 
 Higgins, R. I) 103, 776 
 
 Higham, Reg. v 809 
 
 Hill, John, Ex parte 456 
 
 Hill 0. Walker 292 
 
 Hill, Reg. D 61 
 
 Hobbs V. Branscombe 630 
 
 Hobson, R. J) 725 
 
 HoUingsworth v. Palmer 938 
 
 HoUoway, Ex parte 149 
 
 Holmes, Reg. v 534, 744 
 
 Holmes, R. » (jog 
 
 Hope V. Hope ]99 
 
 Hopwood, In re ] ] 3 
 
 Horn V. Nichols IQI 
 
 Digitized by Microsoft® 
 
Cases cited. 
 
 PAGE 
 
 Hoseason, K. u 44 
 
 Howes, B.. V 6SS 
 
 Hube and others, Rex i) 145 
 
 Huggins, R. « 104 
 
 Hughes, Ex parte 391 
 
 Hughes V. Humphreys fi42 
 
 Hughes, R. 607 
 
 Hughes, Reg. v 662, 808 
 
 Hulse, Ex parte 948 
 
 Hulton, Reg. v 790 
 
 Humphreys, Ex parte. . 648, 672, 949 
 
 Hunt I). Andrews 24 
 
 Huntingdonshire, Justices of, R. 
 
 V 196, 197, 812 
 
 Huntley, Ex parte • • 204 
 
 Hutchings v. Reeves 956 
 
 Hutchinson v. Lowndes 166 
 
 Hutchinson, R. » 609 
 
 Hyde, Ex parte 147 
 
 Hyde, Reg. ». 147, 150 
 
 Ipswich, Recorder of, R. v 192 
 
 Ingham, R. « 38 
 
 Ingham, Re 610 
 
 Ingram v. Barnes 373 
 
 Irving, Reg. » 508,510 
 
 Jacklin, Ex parte 389 
 
 Jackson, R. t> 44 
 
 Jacob, R.u 72,657 
 
 Jacobs, Reg. v 658 
 
 James.R.w. 106,282,650 
 
 James v. Wylie 232 
 
 Jarvis, R. u 106 
 
 Jessop, Reg. t> 729 
 
 Johnson v. Coltson 615 
 
 Johnson, R. « 100, 113, 137, 391 
 
 Johnson t). Reid 167 
 
 Jones, Ex parte 535 
 
 Jones V. Gurdon 562 
 
 Jones, Reg. v 15, 771 
 
 Jones V. Williams 389 
 
 Jordan, R. » 607 
 
 Jukes, R. t) 104, 105 
 
 Joy, Re James 5S4 
 
 Keir «. Leeman 654 
 
 KendaU «. Wilkinson .. 33, 198,812 
 
 Kensington, Reg. v 241 
 
 Kent, Justices of, R. t 196 
 
 Kershaw !>. Johnson 956 
 
 Keylway v. Keylway 444 
 
 PAGE 
 
 Kimholton, R.v 198 
 
 King V. Brice 53 
 
 King, R.V 167 
 
 Kingsby, R. !J 137 
 
 Kingston-upon-Thames, Justices 
 
 of, Reg.ti. 36,38,801,934 
 
 Kingswinford, Reg. v 870 
 
 Kinnersley v. Orpe 24 
 
 Kirby v. Simpson 30 
 
 Kitchen v. Shaw 391, 456 
 
 Kite, Ex parte 7 
 
 Kite and Lane's Case 104 
 
 Knapp, Reg. v. 220, 221 
 
 Knowles v. Traffbrd 881 
 
 Lancashire «. Justices of Stafford- 
 shire 222 
 
 Lancashire, Justices, Reg. v. 44, 801, 
 
 817 
 
 Lancaster v. Greaves 391 
 
 Langbridge, Reg. v. 656 
 
 Langher, R. t> 658 
 
 Latless v. Holmes 9S 
 
 Lawrence «. Hedger 630 
 
 Leary v. Patrick 32, 167 
 
 Lee V. Hutchinson 814 
 
 Leech's case 15 
 
 Leeds and Bradford Rail. Co., Ex 
 
 parte 932 
 
 Leeds and Bradford Rail. Co., Reg. 
 
 V 91,95,869 
 
 Leeds v. Wakefield 881 
 
 Le Feuvre v. Miller 848 
 
 Leicestershire, Justices, Reg. v. 812 
 
 Lester v. Garland 9& 
 
 Lewis, B..V 391 
 
 Lewis, Reg. v 13, 14, 622, 624 
 
 Lightfoot, Reg. v. 809, 810 
 
 LiUey v. Elwin 391 
 
 Lincolnshire, Justices of, R. «. .. 197 
 
 Lindsey v. Leigh 28, 151 
 
 Linford v. Fitzroy 679 
 
 Lister, Reg. V 725 
 
 Lister and Biggs, Reg. v 760 
 
 Little, R. 1) 105 
 
 Liverpool, Mayor, &c., of. Ex 
 
 parte . . .' 900 
 
 Liverpool, Recorder of, R. v. .... 35 
 
 Llewellyn, R. v 105 
 
 Lloyd and others, R. v 609 
 
 Lock «. Sellwood 149 
 
 Locker, R. v 59 
 
 London, Justices of, R. f 20 
 
 London, Lord Mayor of, Reg. v. 648, 
 
 672 
 London, Lord Mayor of, v. Wood 20 
 London and North Western Rail. 
 Co. V. Wetberell 928 
 
 Digitized by Microsoft® 
 
xxvni 
 
 Cases cited. 
 
 PAGE 
 
 Longbottom, Reg. i; 793 
 
 Lopez, Reg. v 13, 394, 622, 624 
 
 Lord, Reg. v 101, 388 
 
 Love, Ex parte 196 
 
 Love's case 64 
 
 Lovett, R. ». 103 
 
 Lowther v. Earl Radnor .... 391, 456 
 
 Loxdale, R. v 7 
 
 Luckhurst, Reg. v 658 
 
 Lynn, R. u 722 
 
 M. 
 
 Mable's case 232 
 
 Machen, Reg. v 810, 812 
 
 Mackworth, Ex parte 35 
 
 M'Cue, Reg. i 807 
 
 Mahon, R. t) 710 
 
 Mainwaring, Reg. v 79 
 
 Mallinson, Reg. v 948 
 
 Mallison, R. » 106 
 
 Manchester, Guardians of, Reg.t). 881 
 
 Mann v. Danvers 28, 139, 528 
 
 Manning, R. «. 608 
 
 Manoel de Mattos, R. i; 14, 624 
 
 March, R. w 232 
 
 Marlborough, Duke of, Ex parte 44 
 
 Marlow, Great, R. » 796 
 
 Marriott, R. » 105 
 
 Marriott v. Shaw 103 
 
 Marsh, Justice of Monmouthshire, 
 
 Reg. K 96 
 
 Marsh, R.iJ 104,105,730 
 
 Marshall, R. i; 105,106 
 
 Martin, Reg. v 7 
 
 Martin v. Shoppee 232 
 
 Mason v. Barker 562 
 
 Massy v. Johnson 28, 29 n, 151 
 
 Matthews, R. w 103, 106 
 
 Matty, Reg. v 506 
 
 Maude, R. « 533 
 
 Mayhew w. Parker 168 
 
 Mears and Chalk, Reg. v 780 
 
 Mead, R. !). 609 
 
 Mee V. Reid 64 
 
 Melville's, Lord, case 55 
 
 Merionethshire, R. » 813 
 
 Michael, R. » , 6O8 
 
 Micklefield, R. « 801 
 
 Middlehurst, R. « IO5 
 
 Middlesex, Justices of, Reg. v. 196, 
 ,,.,„ 198,786,801,812 
 
 Middleton v. Gale 293 
 
 Midlam, R. II ,'28 151 
 
 Mildrane's case ..." g^, 
 
 *Jll}"'i> Reg- "■ 97,352,369 
 
 M, en,Reg.„ 658 
 
 M. er,Rcg.« e5g 
 
 ^J^'^'I^f-" 729 
 
 Milmer, Reg. w yj^, 
 
 Digitized by Microsoft® 
 
 PAGE 
 
 Milnrow, R. </ 24,816 
 
 Milton, R.v 232 
 
 Mitchell V. Foster 96, 196 
 
 Mitchell D. Torup 101 
 
 Molton V. Rogers 562 
 
 Montague v. Harrison 651 
 
 Montgomeryshire, Justices of, R. 
 
 V 197 
 
 Moore v. Carisbrook 814 
 
 Moore v. Kays 630 
 
 Moore, R. u 59, 65f! 
 
 Moorhouse v. Gilbertson 814 
 
 Morgan ». Brown .... 145, 146, 233 
 
 Morgan's case 65 
 
 Morice, Reg. ^. 7,793 
 
 Morley, R.D 105 
 
 Morrison D. Glover 813,814 
 
 Morton, R.v 658 
 
 Moseley v. Ely Local Board of 
 
 Health 793 
 
 Mosey, R. u 658 
 
 Mosley v. Baker 814 
 
 Mould V. Jennings 105 
 
 Mullineux, Ex parte 83*5 
 
 Mullock I). Jenkins 814 
 
 Musson, R. v 9 
 
 Myers, R. 1; 168, 615 
 
 N. 
 
 Neild, R.v 106 
 
 Newbold v. Coltman 26, 33, 799 
 
 Newbury, R. » 139 
 
 Newcastle-upon-Tyne, Justices 
 
 of,R. ., 197 
 
 Newman v. Bendyshe and another 150 
 
 Newton, R. i, 35, 44 
 
 Nga Hoong v. Reg. 624 
 
 Nickless, R. v 292 
 
 Nicholson v. Hardwick 630 
 
 Nixon V. Nanny 530 
 
 Northfield v. Nightingale 283 
 
 North, R.V 105 
 
 Norton v. Fazan 528 
 
 Nott, Reg. V 762, 906 
 
 O. 
 
 Omichund v. Barker 64, 66 
 
 O'Donnell, Reg. v 673 
 
 Ormerod, Eli, Ex parte 391 
 
 Owen, R. V 607 
 
 Oxfordshire, Justices of, R. v. . . 197 
 
 P. 
 
 Packwick, Reg. !, 204 
 
 Padwick, Reg. v . . 204 
 
 Page V. Pearce .'!!.".'.. 1 96 
 
Cases cited. 
 
 XXIX 
 
 fAGE 
 
 Fain, Ex parte 104 
 
 Pain, R. j; 105 
 
 Painter, R. » 655, 920 
 
 Palmer, R. v 44., 669 
 
 Parker, R. « 36, 801, 934 
 
 Parnell, R. v. 948 
 
 Parry v. Duncan 283 
 
 Passey's case 292 
 
 Patchett, R. » 26 
 
 Paul's, St., Covent Garden, R. v. 51 
 
 Payne, R.i; 150 
 
 Paynter, R. ti. 38 
 
 Paynter v. Reg 934 
 
 Peacock, R.«. 198 
 
 Peacock «. Reg. see " Addenda et 
 Errata." 
 
 Pearcy, Reg. v 810 
 
 Peerless, Re 7, 167 
 
 Pellewi/.Wonford, Inhabitants of 96 
 
 Peltier, R. w 625 
 
 Pembrokeshire, R. d 196 
 
 Penney v. Slade 796 
 
 Pereira, Rex v 105 
 
 Perkins, ^.v 793, 921 
 
 Perry, Reg. « 722, 723 
 
 Petheon, 'Bi.v 436 
 
 Pettit, Reg. v 658 
 
 Phelps, R. » 722 
 
 Phillips, R. « 607, 763 
 
 Philpott, Reg. V 722 
 
 Pickering «. Rudd 292 
 
 Pike, R. o 609 
 
 Pilkington, Reg. v ; . 807 
 
 Pinney, R. « 44 
 
 Popplewell, 'H.v 105 
 
 Porter, Reg. v 821 
 
 Potter !). Berry and another .... 207 
 
 Potts V. Cumbridge 808, 809 
 
 Powell, R.i> 107, 586 
 
 Pratt, Reg. » 35, 292 
 
 Pratten, R. » 106 
 
 Preston and another, Reg. v 793 
 
 Preston, Reg. « 795 
 
 Price, R. w. 7 
 
 Price V. Messenger 616 
 
 Prickett v. Gratrex 948, 949 
 
 Priest, Reg. v 658 
 
 Prince v. Samo 67 
 
 Prosser v. Hyde 192, 196 
 
 Pullen,R. i>. 104 
 
 Q. 
 Queen's case 67 
 
 R. 
 
 Rabbits, Rex »." 283 
 
 Radlofl, Att.-Gen. v 57 
 
 Rand v. Vaughan 282 
 
 Ratt V. Parkinson 33, 1 82, 81 7 
 
 PAGE 
 
 Rawlins v. Ellis 630 
 
 Reading, Justices of, R. u 786 
 
 Reany, Reg. v 609 
 
 Reynolds, R. » 38 
 
 Reynolds, Re 150 
 
 Rhodes, R.0 ,. 167 
 
 Ricardo v. Maidenhead Local 
 
 Board of Health 849 
 
 Richards and others, Reg. v. 167, 168 
 
 Richards, Ex parte 209, 414 
 
 Richards, R. 0. 658 
 
 Richardson's case 774 
 
 Riddle, Att.-Gen. « 101 
 
 Ridgway, R. t>. 106,139 
 
 Riley v. Warden 373 
 
 Rishton, R. o 21 
 
 Roberts, B..V 105 
 
 Roberts w. AUatt 60 
 
 Robinson, R. v 233 
 
 Robinson v. Vaughton 292 
 
 Robinson, Rex. v 918 
 
 Rodrick's case 712 
 
 Roebuck, Reg. v 729 
 
 Rogers v. Jones 167 
 
 Rose, Reg. v 256, 326, 466 
 
 Row, Rex V 658 
 
 Rowed, Reg. v 105 
 
 Rowlands v. Symons 654 
 
 Ruck and others, Rex v 15 
 
 Sadler, R. « l05 
 
 Sainsbury, R. e 9, 785 
 
 St. Albans, Justices of, R. v. 796, 800 
 St. George, Bloomsbury, Reg. v. 806 
 St. George's Building Society, Re 814 
 St. Paul's, Covent Garden, R. v. 51 
 
 Saffron Walden, Reg. 1) 114 
 
 Salamons, R. » 142, 150 
 
 Salop, Justices of, R.w. 192, 196, 327 
 Sandiman v. Breach 100, 391, 456, 489 
 
 Sandys, Ex parte 82 
 
 Sansome, Reg. V 662 
 
 Sattler, Reg. v. 13, 394, 622, 624, 645 
 
 Saunders' case 7 
 
 Saunders, Reg. v 680 
 
 Sawyer, R. i; 14, 624 
 
 Scaife, Reg. v 656, 680 
 
 Scarman v. Castell 228 
 
 Scaith V. Gardener 562 
 
 Scott, Reg. » , 658 
 
 Scotton, R. t> 293 
 
 Seagrave v. Pope 814 
 
 Searing, Rex v 354 
 
 Searle v. St. Martin's, Justices 210, 219 
 Sellwood V. Mount .... 28, 149, 151 
 
 Serva, R. «. 624 
 
 Shackwell and others, R. t; 196 
 
 Sharpe, Reg. v 254 
 
 Digitized by Microsoft® 
 
Cases cited. 
 
 PAGE 
 
 Shawe, R. t> I*, 625 
 
 Shelton, Ex parte 920, 933 
 
 Sherman's case 62 
 
 Sherwood, Reg. v 729 
 
 Shone, Rex v 192 
 
 Shrewsbury, Reg. v. Justices of. . 817 
 Shropshire, JusSoes of, Reg. v. 196, 
 
 801 
 
 Shuckburgh, R. d 950 
 
 Shuttleworth, Reg. v 779 
 
 Siddon, Att.-Gen. » 101 
 
 Silcot, R. « 106 
 
 Sillifant, R. i, 816 
 
 Sills, R. « ,59 
 
 Silver V. Barnes 814 
 
 Simpson, R. a 104, 534, 562 
 
 Simpson,' In re 890 
 
 Simpson, Rex v 658 
 
 Skuse V. Davis 233 
 
 Sleeman, Reg. v 658 
 
 Sloggett, Reg. v 658 
 
 Smith, Ex parte 105 
 
 Smith, Reg. v. . . 105, 128, 228, 662 
 
 Smithies, Reg. v 731 
 
 South Shields Turnpike Roads 
 
 Trustees, Reg. i; 793 
 
 Sparling, R. v 105 
 
 Speed, R. » 24, 106 
 
 Spilsbury, R. i; 609 
 
 Staffordshire, Justices of, Reg. v. 44, 
 196, 795, 815, 920, 933 
 Staffordshire, North, v. Dale and 
 
 others 923 
 
 Staffordshire,West, Railway Com- 
 pany, Reg. V. 923 
 
 Stainforth, R. w. 26 
 
 Stamp «). Sweetland 106,502 
 
 Standard Hill, R. » 796 
 
 Stanhope, R.» 948 
 
 Stanley v. Stanley 444 
 
 Stanton, R. v 586 
 
 Stanton v. Banks, see " Addenda 
 et Errata.^' 
 
 Steel ». Smith 106 
 
 Steeple Morden, Ex parte Over- 
 seers of 21, 800 
 
 Stephens v. Myers 232 
 
 Stevens v. Evans 931 
 
 Stevens v. Jeaoocks 811 
 
 Stock, Reg. V 192, 813 
 
 Stocker, Rex » 105 
 
 Stokes «. Grissell 114 
 
 Stone, R. » 56, 1 13, 100, 1 37 
 
 Stonehouse «. Elliott 630 
 
 Stones V. Byron 53 
 
 Stripp, Reg. I, 72,657 
 
 auffolk, Reg. u. Justices of . . 21, 23, 
 
 196, 800, 920 
 
 Surrey, Justices of, R. v. 20, 196, 197 
 
 Sussex, Justices, In re 933 
 
 Swallow, R. 1 150 
 
 Talbot V. Hubble 9 
 
 Tarry v. Newman 28, 97 
 
 Taylor, Reg. » 609 
 
 Taylor, R. » 725 
 
 Taylor, Rex v 658 
 
 Taylor and Jones, Reg. v 535 
 
 Taylor v. Nesfield 30 
 
 Tennant v. Creston 449 
 
 Theed, R-o 106 
 
 Thomas, Reg. v 24, 72, 368, 657 
 
 Thomas, Robert, Ex parte .. 35,166 
 Thomas v. Stephenson .... 543, 956 
 
 Thornton, R. » 658 
 
 Tod, R. » 35 
 
 ToUey, R.B 96,129 
 
 ToUfree, R. ». 607 
 
 Toole, Reg. v 658 
 
 Tongue, Attorney-General v 563 
 
 Tordoft, Re 28 
 
 Trafford, Reg. v 791, 801 
 
 Trebiloock, Reg. ». 742 
 
 Tregarthen, R. ti. 948 
 
 Trelawny, R. e 105 
 
 Tuddenham, Reg. v 362 
 
 Tunnicliffe v. Tedd. . ,. 132, 141, 233 
 
 Turner, In re 107 
 
 Turner, R.i) , 105,563 
 
 U. 
 
 Uezzell, Reg. v 743 
 
 Underbill v. EUicombe 931 
 
 Upchurch, Rex v 658 
 
 Van Boven, Re 106 
 
 Vane's, Lord, case 948 
 
 Vaughan,R.« 103 
 
 Veitoh V. Trustees of Exeter Turn- 
 pike Roads 506 
 
 Venables, R. » 44 
 
 Verelst, R. » 799 
 
 Vipont, R. « 150 
 
 W. 
 
 Waghorn, Reg. d 240, 242 
 
 Wakefield, R. t> 59 
 
 Walker and others, Re 167 
 
 Walker and others, Reg. v 168 
 
 Walker o. Giles 813, 814 
 
 Wallisj R. !; 750 
 
 Walsh i>. Southwell 934 
 
 Ward, Ex parte 192 
 
 Warlington, Reg. « 370 
 
 Digitized by Microsoft® 
 
Cases cited. 
 
 XXXI 
 
 FACE 
 
 Warringham, Reg. v. 658 
 
 Warwickshall, R. M 658 
 
 Warwickshire, Justices of, Reg. v. 
 
 197, 192, 279, 352, 380 
 
 Washington !). Young 542 
 
 Waterhouse v. Keen , 444 
 
 Watson V. Main 282 
 
 Watson, R. V 55 
 
 Watson, Reg. v 729 
 
 Webb, Reg. » 744 
 
 Weeden Beck, Reg. D 801 
 
 Weller, R. «. 657 657 
 
 Welsh and Wells Justices, Reg. v. 388 
 
 Westerman, Ex parte 810 
 
 West Ward Union, Reg. v. Auditor 
 
 of 881 
 
 Western «. Sneyd 31 
 
 Westmoreland, Justices of, R. v. 197 
 Wetherell and another. Justices 
 
 of Sussex, In re 933 
 
 Wetherell, London & North West- 
 ern Railway Company v 928 
 
 Wheatman, R « 106 
 
 White, Reg. » 793 
 
 Whitehead !). Reg 142 
 
 Whiteley «. Heaton, 220, 224, and 
 
 see " Addenda et Errata." 
 Whiteman, Reg. v. 355, 372, 740, 754 
 
 Whittaker, Reg. v 292, 743 
 
 Whittles, R. 1) 808 
 
 Wickes V. Clutterbuck 167 
 
 Wiloocks, -R..V 375, 376, 377 
 
 Wiles ». Cooper .. 179, 391, 807, 891 
 
 Wilkes, R. » 143,950 
 
 Wilkins v. Wright 27 
 
 Wilkinson v. Gray 870 
 
 Williams v. Burgess • . . 96 
 
 Williams, Rex » 1 00, 752 
 
 Williams v. Hayward 814 
 
 Williams, In re 113 
 
 Williams, Ex parte 676, 679 
 
 Williams, Reg. v. 44, 817 
 
 Williamson, R. v. 44 
 
 Willis V. Bridger 949 
 
 Wilmot V. Overs, of Foleshill 88 
 
 Wilson, Reg. B 662 
 
 PAGE 
 Wilson, James, Reg. «., see "Ad- 
 denda et Errata." 
 
 Winstar, Reg. v 181 
 
 Wolton V. Gavin 893 
 
 Wood «. Fenwick 167 
 
 Wood, Reg. V 743 
 
 Woodcock, R.^ 609 
 
 Woolcock, Rex ». 937 
 
 Woolhouse, Attorney-General ». 563 
 
 Wootton V. Harvey 170, 811 ' 
 
 Worcestershire, Reg. «. Justices of 852 
 Worthing and Lancing Turnpike 
 
 Road Trustees, Reg. « 793 
 
 Wray v. Toke 147, 237, 239 
 
 Wray v. Chapman 86, 88 
 
 Wright V. Clement 107 
 
 Wright ». Court 630 
 
 Wright !). Palin 62 
 
 Wrottesley, Rex ». 24,816 
 
 Wyatt, R. » 177 
 
 Wymondham, Reg. u 807 
 
 Y. 
 
 Yarborough, Earl of. Rex » 920 
 
 Yarmouth, Great, Rex v 21 
 
 Yarmouth, Justices, Reg. v 34 
 
 Yarpole, Rex » 21 
 
 Yorkshire, Justices of North 
 
 Riding, Reg. » 198,327 
 
 Yorkshire, Justices ofWestRiding, 
 
 Reg.t) 120,791,887 
 
 Yorkshire, West Riding, Clerk of 
 
 Peace of, Reg. t, 890 
 
 Young V. Higgins 30 
 
 Young and Pitts, R. v 43 
 
 Young V. Rex 763 
 
 Youdan ». Crookes, see " Ad- 
 denda et Errata." 
 
 Z. 
 
 Zouch ». Empsey 196 
 
 Digitized by Microsoft® 
 
( xxxii ) 
 
 TABLE OF THE SECTIONS 
 
 JERVIS'S ACTS, 11 & 12 Vict. caps. 42, 43, 44. 
 
 11 & 12 Vict. c. 42, as to Indietahh Offences. 
 
 Sect 1 
 
 2, 
 
 3. 
 
 4, 
 
 5, 
 
 6, 
 
 7. 
 
 8 
 
 9 
 
 10, 
 
 11 
 
 12, 
 
 13- 
 
 14, 
 
 15 
 
 16 
 
 17: 
 
 18, 
 
 pp. 604, 611. 
 p. 620. 
 p. 626. 
 pp. 605, 615 
 p. 10. 
 p.n. 
 pp. 11, 12. 
 p. 606. 
 p. 613. 
 p. 614. 
 pp. 11, 664. 
 p. 12. 
 p. 12. 
 p. 12. 
 p. 12. 
 p. 649. 
 p. 655. 
 p. 661. 
 
 Sect. 19, p. 653. 
 
 20, pp. 671,672, 673. 
 
 21, p. 646. 
 
 22, p. 665. 
 
 23, p. 679. 
 
 24, p. 683. 
 
 25, pp. 661, 668. 
 
 26, p. 685. 
 
 27, p. 672. 
 
 28, Forms in Schedule valid. 
 
 29, p. 54. 
 
 30, p. 54. 
 
 31, p. 54. 
 
 32, Extent of Act. 
 
 33, Commencement of Act 
 
 34, p. 603 n. 
 
 35, Act may be amended, &c. 
 
 11 & 12 Vict. c. 43, as to Summary Convictions and Orders. 
 
 Sect 1, pp. 90,95, 68, 112. 
 
 2, p. 113. 
 
 3, pp. 113, 114. 
 
 4, p. 107. 
 
 6, p. 102, 103. 
 
 6, p. 10. 
 
 7, p. 122. 
 
 8, p. 108. 
 
 9, pp. 98, 138. 
 
 10, pp. 97, 103, 109. 
 
 11, p. 95. 
 
 12, p. 126. 
 
 13, pp. 119,130, 131, 132, 136. 
 
 14, pp. 132, 138, 140, 147. 
 
 15, pp. 62, 150. 
 
 16, pp. 118, 130, 136. 
 
 17, pp. 133, 147, 148, 182. 
 
 18, pp. 14-8, 149. 
 
 19, pp. 175, 180, 185. 
 ■ 20, p. 176. 
 
 Sect 21, p. 177. 
 
 22, pp. 179, 180, 186. 
 
 23, pp. 173, 184. 
 
 24, pp. 170, 183. 
 20, pp. 143, 144. 
 
 26, p. 133. 
 
 27, p. 203. 
 
 28, p. 169. 
 
 29, p. 99. 
 
 30, p. 84. 
 
 31, pp. 52, 190. 
 
 32, Forms in Schedule valid. 
 
 33, p. 54. 
 
 34, p. 54. 
 
 35, pp. 90, 91. 
 
 36, p. 89, note 2. 
 
 37, Extent of Act 
 
 38, Commencement of Act 
 
 39, Act may be amended, &c. 
 
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Table of the Sections. 
 
 xxxui 
 
 Sect. 
 
 11 & 12 Vict. o. 44, as to Actions against Justices, 
 
 Sect, 
 
 1, p. 32. 
 
 2, pp. 32, 33. 
 
 3, p. 33. 
 
 4, p. 34. 
 
 5, pp. 34, 38. 
 
 6, p. 34. 
 
 7, p. 34. 
 
 8, p. 29. 
 
 9, p. 29. 
 10, p. 31. 
 
 11, p. 30. 
 
 12, pp. 80, 31. 
 
 13, p. 31. 
 
 14, pp. 31, 32. 
 
 15, Extent of Act. 
 
 1 6, Commencement of Act. 
 
 17, p. 29, Note 24. 
 
 18, p. 29, Note 24. 
 
 19, Act may be amended, &c. 
 
 o. s. 
 
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( xxxiv ) 
 
 ADDENDA ET ERRATA.* 
 
 Page 13, Note 7. Add after 18 8; 19 Vict. c. 91, s. 21,— "See the cases of Bsg. 
 V. Lopesi and Reg. v. Sattler, 27 L. J. (N. S.) M. C. 48; 22 J. P. 
 81." 
 „ 25, Note.— Reg. v. Cridland is also reported 27 L. J. (N. S.) M. C. 28. 
 33, Note 28. Add at end of Note,—" Query, whether an action is main- 
 tainable against a justice for wilfully and maliciously, and without 
 probable cause, convicting a person in a penalty in a matter in which 
 the justice has jurisdiction and which penalty is paid, but the con- 
 viction has been subsequently quashed 1 {Gelen v. Hall, 27 L. J. 
 (N. SO M. C. 78.)" 
 „ 58. Add at end of Note 53,—" In a recent case (^Cattell v. Ireson and another, 
 31 Law T. 80; 22 J. P. 257), the question of the competency of a 
 defendant in a summary conviction has been decided in the negative. 
 The defendant in that case was convicted under the Game Act, 1 & 
 2 Will. 4, c. 32, o. 23 (offence 12, p. 294), and he appealed under 
 20 & 21 Vict c. 43 against the conviction on the ground that he 
 was offered as a witness on his own behalf and had been refused 
 by the justices, they being of opinion that the 14 & 15 Vict. c. 99, 
 s. 3 (p. 57), rendered him incompetent. The court held, that the 
 justices were right in refusing to admit the defendant as a witness, 
 and that the proceeding was a criminal proceeding for an offence 
 punishable on summary conviction, such offences being treated by 
 the legislature as crimes ; the court drawing a distinction between 
 such cases and cases of bastardy, where the mother wants money for 
 the support of a child, or where the object is to obtain money for 
 the sake of the money, or as compensation, or the proceedings are to 
 enforce mere civil rights (see article 22 J. P. 286)." 
 „ 68. ith line from tap,— far "justice," read "justices." 
 
 „ 91, Note 7.—R. V. Bakewell is also reported 3 Jur. (N. S.) 1103 ; 29 Law 
 Times, 209. 
 
 • Most of the cases here mentioned have come before the superior courts, 
 and the decisions in them given promptly under the recent statute 20 & 21 
 Vict. c. 43 (pp. 206 — 214) : an act which will eontinue to prove most beneficial 
 and satisfactory to the summary administration of justice and to the magistracy. 
 These cases would have been inserted in the body of the work, but that they 
 have been decided since correcting the proof sheets of the pages in which they 
 are to be noted. 
 
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Addenda et Errata. xxxv 
 
 Page 102, Note.— Reg. v. Cridlmd is also reported 27 L. J. (N. S.) M. C. 28 i 29 
 Law T. 210. 
 
 „ 106. 2nd line from bottom of Notes,— for " Sheed," read " Theed." 
 
 „ 118, Note %—Gelen v. Hall is also reported 27 L. J. (N. S.) M. C. 78 \ 29 
 Law T. 183. 
 
 „ 204, Note.— Reg. v. Packwiek is also reported 27 L. J. (N. S.) M. C. 113, as 
 Reg. V. Padwick. 
 
 „ 207, Note 7. Add,—'' In the case of Peacock v. Beg., 31 Law T. 101, it was 
 held, that if the last of these three days for making the application 
 for the case falls on a Sunday, application on the Monday is too 
 late. This decision is, however, opposed to the decision in R. v. 
 Justices of Middlesex, 17 L. J.(N. S.) M. C. 11; 5 D. & L. 580 (pp. 
 196, 812), where, in a. case of appeal under the Bastardy Act, the 
 Sunday was held to be excluded in the computation of the time for 
 giving notice." 
 
 „ 210, Note 13. Add,— "'With reference to the practice under the 20 & 21 
 Vict. c. 43, as to what party is to begin on the hearing of the appeal, 
 in Cattell v. Ireson and another, 81 Law T. 80 ; 22 J. P. 257, it was 
 held that the party, who supports what has been done by the justices 
 below, ought to begin," 
 210, Note 15. Add, — " In a more recent case (Youdan v. Crookes, 22 J. P. 
 287, April 24, 1858), the same learned judge said, ' In these cases 
 our judgment will always be with costs to the successful party, unless 
 we expressly order otherwise.' " 
 
 „ 220. Add to Offence 8,—" In Whiteley v. Heatm, 22 J. P. 161, it was held 
 that the enactment of the 9 Geo. 4, t. 61, s. 21, prohibiting publicans 
 from keeping open their houses, &c. during the usual hours of the 
 afternoon divine service, is repealed by 18 & 19 Vict. c. 118, s. 2, and 
 that an innkeeper of a parish, where the usual afternoon service 
 commenced at half-past two, who had between half-past two and 
 three o'clock on a Sunday kept open his house and sold beer 
 and spirits, had, therefore, committed no offence (see article thereon, 
 22 J. P. 142)." 
 
 „ 224, Offence 26. Add,— "See Whiteley v. Heatm, 22 J. P. 161, ante, p. 
 220." 
 
 „ 320, Offence 9. Add, — " See Digby v. West Ham Local Board of Health, 
 22 J. P. 304." 
 
 „ 362, Note 160. Add, — " In the recent case of Youdan v. Crookes, 22 J. P. 
 287, 24 April, 1858, the Court of Queen's Bench decided, on a case 
 stated under the 20 & 21 Vict. c. 43, that the 42 Geo. 3, c. 119 is 
 still in force, and the conviction in that case (which was for a raffling 
 of twelfth cakes) was afSrmed on reasons similar to those advanced 
 by the Writer." 
 
 „ 384, Offence 1. Add, — " In Bourne v. Lowndes, 31 Law J. 114, it was 
 held, that the sale of an article liable to toll within a town under 
 this act is not a sale within this section, if the sale is without, 
 although the delivery be within, the limits under the act." 
 
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xxxvi Addenda et Errata. 
 
 Page 384, Offence 5. Add,—" In Elian v. Nightingale, 27 L. J. (N. S.) M. C. 
 151 J 22 J. P. 131, it was held, that to slaughter cattle on the private 
 premises of an inhabitant of the town, unless for sale as human 
 food, is no offence within a similar clause to this in a local improve- 
 ment act.'* 
 „ 394, Offence 5. 4dd,—" Arkle v. Henxell, 27 L. J. (N, S.) M. C. 110." 
 „ 396, Offence 24. Add,—" See Reg. v. James Wilson, 22 J. P. 289 j 31 
 Law T. 136." 
 
 „ 404, Note. Add after Reg. v. Stantan,-r-" Stanton v. Bavks, 27 l>. J. (N. S.) 
 M. C. 105." 
 
 „ 437, 2nd line from bottom of Note,— for "c. 96," read "c. 69." 
 
 „ 528, Offence 3. Add,—" See Druce v. Gabb, 31 Law T. 98." 
 
 „ 632, 5th line from bottom,— for " or a foreigner," read " on a foreigner." 
 
 „ 658, last line of Notes,— erase " 26 L. J. (N. S.) M. C. 160." 
 
 ,, 801,^o*el9. Add, — '"Die case oi Reg. v. Justices of Kingston upon Thames, 
 supra, came before the Court of Queen's Bench again in May, 1858, 
 on the questions, of whether 41 Geo. 3, c. 23, s. 1, applied to a rate 
 paid which had been appealed against and quashed by the special 
 sessions, and what was meant by the next effective rate j but the 
 court being equally divided, there was no decision." 
 
 ,, 817, Note i.^^Reg. v. Justices of Shrewsbury is reported 31 Law T. 114, 
 and 22 J. P. 305, as Ex parte Churchwardens qf St. Julian, Shrews- 
 bury. 
 
 „ 933, Note 3. Add, — '' As to the recovery of a poor rate from a bankrupt 
 pending the grant of his certificate, see Phillips v. Naylor, Moody 
 and others, 3 Exch. Rep. 14, and article thereon, 22 J. P. 302, 303." 
 
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^it iWasisterial S)gnoj>sis. 
 
 INTRODUCTION. 
 
 Iefore describing the various duties of Justices of the Peace 
 lit of Quarter Sessions, it will be necessary to preface the work 
 ith some general observations on the nature of those duties, — 
 le jurisdiction of justices as to locality, interest, &c.,— of actions 
 nd other proceedings against justices, — the constitution and 
 lanagement of Benches of Magistrates, — of evidence before 
 lagistrates, — and of the office of Clerk to the Justices, and his 
 'ees, as these will apply to each of the three divisions or classes 
 f the subjects into which the present work is divided. We 
 berefore propose to treat — 
 
 I. Of the Nature of the Duties of Justices of 
 THE Peace out of Sessions. 
 II. Their Jurisdiction as to the Locality, In- 
 terest, &c. 
 
 III. Of Actions and other Proceedings against 
 
 Justices. 
 
 IV. Of the Constitution and Management of 
 
 Benches of Magistrates. 
 V. Of Evidence before Magistrates. 
 VI. Of the Office of Clerk to the Justices, and 
 his Fees. 
 
 I. Of the Nature of the Duties of Justices of the 
 Peace out of Sessions. 
 
 Whatever may have been the period of its original institu- First statutory 
 on, the first statutory provision to be found relating to the jprovision r 
 ffice of a justice of the peace was made in the first year of the tices. 
 sign of Edward the Third, when it was ordained, that justices 
 
 o.s. l^^t^ B 
 
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 1 re- 
 jus- 
 
Authority of 
 justices either 
 ministerial or 
 judicial. 
 
 Ministerial. 
 
 Nature of the Duties of Justices, #c. [introd. 
 
 of the peace should be assigned by the king's commission ; and 
 their powers, which were at first very limited, were gradually 
 extended in succeeding reigns, as the necessities of the times 
 and the great utility of the office prompted. Justices of the 
 peace are defined by Dalton, " to be judges of record, ap- 
 " pointed by the king to be justices within certain limits for the 
 " conservation of the peace ; and for the execution of divers 
 " things comprehended within their commission, and within 
 " divers statutes committed to their charge." More than a 
 century has elapsed since this learned writer commenced his 
 work on the duties of a justice of the peace, by noticing the 
 universality of the complaint, that even so early as the reign of 
 Henry the Seventh those duties had become extremely onerous, 
 on account of the numerous statute laws which justices had 
 been charged to carry into effect. And we find Sir William 
 Blackstone, in his celebrated Commentaries (vol. i. p. 354), 
 lamenting, that in consequence of the infinite variety of business 
 heaped upon justices of the peace few cared to undertake, and 
 fewer to understand, the duties of the office. And he very 
 properly added, that they were of such vast importance to the 
 public as to make the country greatly obliged to any worthy 
 magistrate who, without sinister views of his own, would engage 
 in the troublesome service. At the present day, however, the 
 powers and duties of this honourable office, particularly with 
 regard to the county magistrates, have been most extensively 
 enlarged. And as they have become more arduous and respon- 
 sible, and require greater talent and more matured habits of 
 business for their proper and efficient discharge, highminded 
 and well-informed country gentlemen have not been found 
 wanting to perform them ; and, at the same time, to sustain the 
 dignity of their station, and command respect for the laws, by 
 their honest and impartial administration. (J. Stone's Petty 
 Sessions, by Westoby, pp. 2—4, 6th edit.) 
 
 The authority of justices of the peace is either ministerial or 
 judicial. The ministerial functions of justices consist of receiv- 
 ing informations or complaints for indictable ofiences, (triable 
 at quarter sessions or assizes,) and also for offiinces or matters 
 determinable in a summary way,— causing the party charged 
 to appear and answer, either by summons or by warrant, and 
 taking the examinations and bail, or committing for trial, &c. ; 
 and in the case of summary convictions or orders, causing such 
 conviction or order to be executed by warrant of distress or of 
 
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TROD.] Nature of the Duties of Justices, ^c. 3 
 
 mmitment/and also appointing parish officers, allowing pa- 
 
 chial rates, &c. Their judicial functions consist of the trial Judicial. 
 
 offenders at general or quarter sessions, and the hearing and 
 judicating upon informations out of such sessions for sum- 
 ary offences, and upon complaints for nonpayment of money 
 r wages, parochial rates, &c. ; disputes between masters and 
 rvants in certain trades ; landlords and tenants ; as to the 
 irness of parochial rates; between members and officers of 
 lildiug societies ; and many others of a similar character ; the 
 tter being of a civil, while the former partake of a criminal 
 iture, but the whole being generally termed the summary 
 risdiction. 
 
 In the present work the subjects within the range of justices This work 
 ■ the peace out of quarter sessions are classed in three distinct jistinct^part"* 
 id_ easily recognized parts : the first relating to Summary 
 'onvictions, the second relating to Indictable Offences, and the 
 lird to Special and Petty Sessions Matters. In the first part 
 le preliminary or initiatory proceedings are ministerial, while 
 le hearing and adjudicating is judicial; — in the second, the 
 roceedings are wholly ministerial; — and in the third, they are 
 r a miscellaneous character, being in some cases judicial and 
 
 I others ministerial. 
 
 With regard to the first part (Summary Convictions) and a How proceed- 
 ortion of the third part (Petty Sessions Matters) the proceed- ^"^'dmUs^of'^ 
 igs before the justices are in most cases regulated, and their justices de- 
 udes clearly defined, by the 11 & 12 Vict. c. 43; while in ^''^'l- 
 ther cases the proceedings are generally matters of special 
 nactment in the statute or statutes by virtue of which the juris- 
 iction is created ; and with respect to the second part (Indict- 
 ble Offences) the act 11 & 12 Vict. c. 42, likewise regulates 
 
 II the proceedings and duties of justices out of sessions. 
 
 The uniform and general system of procedure enacted by 
 lese acts has in practice been found to work very satisfactorily, 
 lere having been previously no express general legislative pro- 
 isions for the guidance of justices of the peace out of sessions 
 1 their practical proceedings in indictable offences, or in sum- 
 lary convictions, except the repealed statute 3 Geo. 4, c. 23 ; 
 )r each statute relating to the summary jurisdiction provided a 
 ifferent mode of procedure 1, but it is still to be regretted, as 
 
 1 The operation and effect of the statute 11 & 12 Vict. c. 43, relating to 
 jmmary convictions and orders, appear to be to repeal so much of existing 
 :atutes on the following points of procedure as differs from its provisions i 
 
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4 Nature of the Duties of Justices, ^c. [introd. 
 
 Suggested im- respects summary convictions and orders, that with such a code 
 provements in ^^ practice as given in the 11 & 12 Vict. c. 43, the legislature 
 ceeTngI ^'°' should have thought it necessary in the same and in the next 
 session (1849) to re-enact matters of practical detad which are 
 fully provided for in that act, or to introduce new provisions for 
 the recovery of fines and forfeitures for some offences 2 (as it is 
 clearly desirable that there should be one uniform code of pro- 
 cedure in such matters), or to allow many useless distinctions 
 and variances in the practice to remain in the statute book, in 
 which many more improvements might be made : i. e. by abo- 
 lishing the distinction between an information and a complaint, 
 some statutes requiring them to be in writing and others on 
 oath ; — giving power to justices to summon witnesses for either 
 party wherever they resided in the united kingdom, and to 
 produce documents or property ; — the same mode of recovering 
 costs under all circumstances ;— extending the 11 & 12 Vict. 
 c.43, to all summary proceedings before justices out of sessions, 
 whether a conviction or an order is required to be drawn up in 
 the particular case or not; — making one uniform mode of refer- 
 ence to the 11 & 12 Vict. c. 43, for the recovery of penalties 
 and other sums; — giving a summary mode of estreating all 
 recognizances; — enacting scales of imprisonment in default of 
 payment of penalties, &c., so that the act creating the offence 
 need only enact the amount of penalty ; — making the petty 
 sessions clerks public prosecutors of Indictable Offences ; — 
 giving power to the Home Secretary to frame uniform tables 
 of fees for justices' clerks and constables ; — to provide one uni- 
 form mode of convening special sessions; — making one uniform 
 
 viz. where a summons only could be issued, or a warrant only on disobe- 
 dience of a summons ; where forms of informations, summons, warrants 
 either to apprehend, distrain or commit to prison, and other proceedings 
 were given (except where inconsistent with the provisions of this act, as 
 sect. 32 authorizes other forms "to the like effect" as those contained in 
 the Schedule to be used, if deemed prudent to adopt them) ; where the time 
 and mode of service of summonses were pointed out; where the justice 
 receiving the information must convict, and where the convicting justice or 
 justices must enforce the conviction, — all similar provisions in local acts: 
 but if subsequent statutes provide for the procedure in these cases, and such 
 provisions are inconsistent with the 11 & 12 Vict. c. 43, such subsequent 
 provisions must govern the proceedings. 
 
 2 Vide 12 & 13 Vict. c. 92 (Cruelty to Animals Act); 11 & 12 Vict, 
 c. 63 (Public Health Act, 1848); 11 & 12 Vict. c. 107; and Observations 
 thereon in the Magistrate, pp. 224, 225, vol. 1. Vide also the 18 & 19 Vict 
 c. 119, and the 18 & 19 Vict. c. 126 ; but the inconvenient mode alluded to 
 IS gradually being laid aside, and the 11 & 12 Vict. c. 43, referred to for the 
 procedure; for instance:— 16 & 17 Vict. c. 100 (Vaccination); 16 & 17 Vict 
 ?■« I' ^;}S (Lunatics) ; 17 & 18 Vict. c. 104, s. 518 (Merchant Shipping)! 
 18 & 19 Vict. c. 121, 3. 38 (Nuisances). 
 
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ITROD.] Nature of the Duties of Justices, Sfc. 
 
 nne within which to prefer the information or complaint;— the 
 me process to be issued for offences as for other matters; — 
 le punishment on witnesses for not attending on summons, 
 fusing to give evidence, &c. ; — abolishing the distinction of 
 [visional justices ; — that justices' warrants be executed in any 
 art of England without being indorsed, — and giving an appeal 
 gainst all summary convictions and orders, with one uniform 
 me for entering into the recognizance, giving notice, &c. 
 
 II. JtJRisniCTioN OP Justices as to the Locality, 
 Interest, &c. 
 
 1. As to the Locality of Offence, Sfc. 
 
 2. Ex Officio Authority of Justices, p. 18. 
 
 3. When Justices interested in the Case, p. 20. 
 
 4. Ouster of Justices' Jurisdiction, p. 24. 
 
 5. General Ingredients to give Justices Jurisdiction, p. 25. 
 
 In indictable 
 
 1. As to the Locality of Offences, ^c. 
 
 The jurisdiction of justices, whether for counties, ridings, Howjuris- 
 livisions or boroughs, in particular matters, is derived from ''."'"o" "*- 
 heir commission and numerous statutes. In indictable offences 
 t is given by the commission of the peace, and by a previous offences, 
 tatute, namely, stat. 34 Edw. 3, c. 1, since explained and 
 mended by other statutes. By the commission of the peace, 
 yhich is now nearly the same as it was in the reign of Queen 
 Elizabeth, the duties of justices out of sessions are defined 
 bus : " Know ye, that we have assigned you jointly and 
 ' severally, and every one of you, our justices, to keep our 
 
 ' peace in our county of ; and to keep and cause to be 
 
 • kept all ordinances and statutes for the good of the peace, 
 ' and for preservation of the same, and for the quiet rule and 
 ' government of our people made in all and singular their 
 ' articles, in our said county, (as well within liberties as with- 
 ' out,) according to the force, form and effect of the same ; and 
 ' to chastise and punish all persons that offend against the form 
 ' of those ordinances or statutes, or any one of them, in the 
 ' aforesaid county, as it ought to be done, according to the 
 ' form of those ordinances and statutes ;" and the 11 & 12 
 t'^ict. c. 42, gives them the same jurisdiction over all indictaWo 
 
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In summary 
 proceedings. 
 
 Number neceS' 
 sary. 
 
 Jurisdiction 
 attaches to the 
 place where 
 matter arose. 
 
 Particular de- 
 scription of 
 justices. 
 
 Jurisdiction of Justices as to Locality, ^c. [iNTROD. 
 
 offences, — treason, felony, or misdemeanor, — and -whether the 
 latter be against the peace or not. In summary convictions, as 
 well as matters to be done at special and petty sessions, their 
 jurisdiction is wholly given to them by statute (Paley, 3rd edit, 
 p. 15) ; and the number of justices requisite to the valid exercise 
 of this summary authority depends entirely upon the particular 
 act of parliament conferring the authority ; and wherever the 
 concurrence of two is requisite for any judicial act, they must 
 be together at the time of executing it ; but where it is given 
 to one justice it may be executed by any greater number (Paley, 
 3rd edit. p. 23) ; but one 'justice may receive any information 
 or complaint, and enforce any summary conviction or order 
 (11 & 12 Vict. c. 43, s. 29), and do every act out of sessions 
 relative to any indictable offence (11 & 12 Vict. c. 42, ss. 1, 8, 
 9, 17, 23, 25). 
 
 Justices of the peace out of quarter sessions for counties, 
 ridings and divisions, as well as for cities and boroughs, have 
 cognizance principally of the same offences and matters hap- 
 pening within the limit of their respective jurisdictions ; and 
 their primary jurisdiction attaches in general to the place where 
 the offence was committed or matter arose which requires their 
 interference (Dalt. c. 6; Paley, 3rd edit. p. 19), and in some 
 cases specially provided for in summary proceedings more 
 particularly to the place where the offender is apprehended, to 
 particular districts or divisions of a county, &c., as in the Ale- 
 house Act (9 Geo. 4, c. 61), the General Highway Act (5 & 6 
 Will. 4, c. 50, ss. 94, 95), the Bastardy Act (7 & 8 Vict. c. 
 101, s. 2), and many others shown hereafter in this work. 
 Upon this head Mr. Paley, in his work on Convictions (3rd edit, 
 pp. 24, 25 ; 4th edit. p. 32), says, " though the majority of penal 
 " statutes give authority generally to all justices of the peace, 
 " without distinction, which implies an equal power in all, within 
 " the limits of their respective commissions, yet, as some acts 
 " point out those of a particular description, it may be proper 
 " to take notice in what cases such selection is imperative, and 
 " excludes all others, and where it is considered to be merely 
 " directory." It seems consistent with principle, as the power 
 vested injustices of the peace is of a special kind, that where 
 any matter is referred to a particular description of justices, the 
 authority of all others should be excluded by that express 
 designation (Dalt. c. 27, s. 8). And therefore where a statute 
 refers the matter to the next justice, or any two justices, no 
 
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INTROD.] Jurisdiction of Justices as to Locality, S^c. 
 
 other but the one answering that description, or those having 
 jurisdiction by common law or act of parliament, has any au- 
 thority, and does not enable them to act in any county, &c. 
 (Saunder's case, 1 Saund. 263; 2 Keb. 559; Be Peerless, 12 
 Q. B. 643; 1 Ad. & E. (N. S.) 143). However it has been 
 held, in construing the acts which mention justices in or near 
 the place where the ofience was committed, that, notwithstand- 
 ing that description, any justice of the county within which the 
 offence was committed may take cognizance of the matter (2 
 Keb. 569; 3 Keb. 383; 1 Saund. 263; Ex parte Kite, 1 B. 
 & C. 101 ; 2 D. & B. 212; 1 D. & R. Mag. Ca. 222; Bac. 
 Ab. Justices, E. 5 ; Paley, 3rd edit. p. 19). The same con- 
 struction has been put upon the words justices of the division, 
 which are held to be merely directory and not restrictive or 
 qualificatory (^«AZey'scaJe,'~2Salk. 480,473; Anon., i2lSod. 
 S46) ; and therefore the act may be executed by any justice of 
 the county. It is the same where the statute specifies justices in 
 or near the parish or division (R. v. Price, Cald. 305; R. v. 
 Loxdale, 1 Burr. 447). And if anything be directed to be 
 done " in the division by magistrates acting for the division," 
 any magistrate of the county present at a meeting in the di- 
 vision 3 is competent for that purpose {R. v. Price, Cald. 
 307, per Ashurst, J.), although he does not reside within it; 
 but in these cases it must appear upon the justices' proceedings 
 that they came within the description given in the statute 
 {Reg. V. Martin, 2 Q. B. 1037; Reg. v. Morice, 1 New 
 Sess. Ca. 585 ; Reg. v. The Justices of Herts, 1 New Mag. 
 Ca. 256), 
 
 Generally speaking, the place where the justices can exercise Place of of- 
 their authority must be wirtiin_th^ cqjinty, riding, division or -Jhin rte 
 borough for which they are appointed~to~act (Dalt. c. 6) ; for jurisdiction, 
 they have no coercive powers when out of their own counties 
 or boroughs ; but it is said that certain ministerial acts, i. e., 
 recognizances and informations voluntarily taken before them 
 in any other jurisdiction, are good (2 Hawk. c. 8, s, 44, pp. 47, 
 48, 8th ed. by Cufwood). Mr. Paley says on this (3rd ed. p. 
 17 ; 4th ed. p. 18), " it must, however, be considered as doubt- 
 ful, whether a magistrate can, out of the county, properly re- 
 ceive an information upon oath to found a subsequent proceed- 
 
 3 The divisions here mentioned are regulated by 9 Geo. 4, c. 43, and 
 6 Will. 4, c. 12, hereafter noticed in the 4th portion of this Introduction. 
 
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/, 
 
 Residence not 
 necessary in 
 the county, &c. 
 
 Exceptions : 
 
 as to borough 
 justices. 
 
 Borough jus- 
 tices have i)ot 
 always exclu- 
 sive jurisdic- 
 tion. 
 
 Jurisdiction of Justices cls to Locality, ^c. [inthod. 
 
 ing before himself of a penal nature ; and it is clear that any 
 coercive or judicial act would be altogether void unless done, 
 within the county" (Dalt. c. 25). 
 
 Residence, however, in the county, &c, for which the justices 
 are acting is not necessary to give them jurisdiction over a sub- 
 ject-matter within the districts for which they are appointed; 
 and it is in no case attached to -the person, so as to be capable 
 of being exerted elsewhere than within those limits (Paley, 3rd 
 ed. p. Id; 4th ed. pp. 16, 17). 
 
 The foregoing observations are applicable more especially to 
 cases where the justice is in the commission for only one county 
 or district, and not for two or more next adjoining counties or 
 districts, which, with other exceptions, are presently noticed. 
 
 In all boroughs within the Municipal Corporation Act, the 
 borough justices shall not act as justices of the peace " at any 
 court of gaol delivery, or general or quarter sessions, or in 
 making or levying any county rate or rate in the nature of a 
 county rate" (5 & 6 Will. 4, c. 76, s. 101). By the Boundary 
 Act (6 & 7 Will. 4, c. 103) districts were added to several 
 boroughs, which had formerly belonged to counties; and it 
 became a matter of doubt, whether local acts of parliament, 
 which gave jurisdiction in particular matters within these dis- 
 tricts to the justices of the county only, could be executed by 
 the borough justices; but by statute 1 Vict. c. 78, s. 31, all 
 offences committed within any borough or the precincts thereof 
 against the provisions of any act of parliament shall be cog- 
 nizable by the justices of such borough ; and such justices shall 
 possess all the powers and jurisdiction with respect to suet 
 offences which were heretofore possessed by the justices of any 
 county, riding, division, liberty or jurisdiction, by virtue of any 
 such local act, provided that in every case in which imprison- 
 ment might be awarded for any such offence, or to enforce 
 payment of any penalty imposed by any such act, such impri- 
 sonment may be awarded to take place in any gaol to which the 
 justices of that borough have power to commit offenders. But 
 although justices in a borough, having a separate commission 
 of the peace, have jurisdiction in all places within such bo- 
 rough, they have not always exclusive jurisdiction; in some 
 cases the justices of the county in which the borough is situate 
 have concurrent jurisdiction therein with them. The rule is 
 thus : if the charter to the borough contain no non-intromittant 
 clause, the county justices have concurrent jurisdiction within 
 
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INTROD.] Jurisdiction of Justices as to Locality, ^c. 9 
 
 the borough {R. v. Sainsbury, 4 T. R. 456) ; or if the charter 
 contain a non-intromittant clause, but no separate court of 
 quarter sessions have been granted to the borough, the county 
 justices have concurrent jurisdiction (5 & 6 Will. 4, c. 76, s. Ill) ; 
 but if the charter contains such non-intromittant clause, and a 
 separate court of quarter sessions have also been granted to the 
 borough, there the county justices have no concurrent jurisdic- 
 tion within the borough : the borough justices alone have juris- 
 diction there (Vide Id. ; 2 Hale, 47 ; 2 Hawk. P. C. c. 8, ss. 
 47, 48, 8th ed.) If county justices act as such within a borough 
 where they have no concurrent jurisdiction, their act is void 
 altogether (Talbot v. Hubble, 2 Str. 1154). If, on the other 
 hand, county magistrates do an act as such within a borough 
 in which they have concurrent jurisdiction, their jurisdiction 
 immediately attaches, so as to exclude the right of the borough 
 justices afterwards to do the like act ; thus the justices for the 
 county of Surrey, having concurrent jurisdiction in the borough 
 of South wark with the magistrates of London, app^nted a 
 meeting in Southwark for granting ale licences, and met ac- 
 cordingly, and granted the licences, and afterwards the magis- 
 trates of London appointed another meeting, and granted other 
 ale licences : the Court held the appointment of this second 
 meeting, and the proceedings thereupon, to be illegal, and to 
 amount to an indictable offence ; by the county justices first 
 appointing a licensing meeting, their jurisdiction immediately 
 attached, and the borough justices, although they might have 
 attended that meeting, could not legally appoint another (JR. v. 
 Sainsbury, 4 T. R. 451). But where the borough justices had 
 exclusive jurisdiction within the borough, and concurrent juris- 
 diction with the county justices within certain places called the 
 liberties of the borough, it was holden, that for an offence com- 
 mitted within the liberties, the borough justices might commit 
 to the county gaol, and afterwards cause the prisoner to be 
 brought before them for trial at the borough sessions {R. v. 
 Musson, 6 B. & C. 74j and see R. v. Amos, 2 B. & A. 533). 
 The non-intromittant clause above mentioned must be in plain 
 and explicit terms, for the jurisdiction of the county justices 
 within a borough can only be taken away by express words in 
 the charter (Blanhely v. Winstanley, 3 T. R. 279; see further 
 20 J. P. 527). 
 
 In addition to the above provisions, the Acts 11 & 12 Vict. Exceptions and 
 cc. 42, 43, contain the following exceptions to the general rule, j"™'°'J^c°sag 
 —that offences and matters must be inquired of in the county io place of ju»- 
 Digitized by Microsoft® 
 
Justices of ad- 
 joining coun- 
 ties, &c. may 
 act in the one 
 for the other. 
 
 10 Jurisdiction of Justices as to Locality, i-c. [introd. 
 
 tices exercising or district in which they arose by justices of that county or 
 jurisdiction re- ^igtyict, and that they cannot interfere in cases out of their 
 able offences jurisdiction,— which, however, are applicable only to indictable 
 and summary ofFencqs and to summary convictions and orders (c. 43 ; vide 
 orders. sects. 3 and 6) within the scope of the latter statute. Those 
 
 exceptional provisions are — 
 
 1. In cases where a justice of the peace for any county, riding; 4 
 division, 5 liberty, city, borough or place shall be also 
 justice of the peace for a county, riding, division, liberty, 
 city, borough or place next adjoining thereto or surrounded 
 thereby, it shall and may be lawful for such justice of the 
 peace to act as such justice for the one county, riding, 
 division, hberty, city, borough or other place whilst he is 
 residing or happens to be in the other such county, riding, 
 division, liberty, city, borough, or other place, in aU matters 
 and things hereinbefore or hereafter in this act mentioned ; 
 and constables, &c. apprehending offenders in one such 
 county, &c. may take them before such justice in the ad- 
 joining county, &c., if he be a justice of both (11 & 12 Vict, 
 c. 42, s. 5). [According to the strict meaning of this section 
 justices of adjoining counties, &c. can act only in indictable 
 offences and summary convictions and orders out of the 
 county, &c. to which such matters relate ; and that therefore 
 in all other matters not within the provisions of these statutes, 
 11 & 12 Vict. cc. 42, 43, such as sureties for the peace, re- 
 covery of parochial and other rates, and those numerous pro- 
 ceedings which take place in special sessions, the justices 
 must act within the county in which these cases arose or to 
 which they relate.] 
 
 2. That it shall be lawful for any justice or justices of the peace 
 acting for any county at large, or for any riding or division 
 of such county, to act as such at any place within any city, 
 town or other precinct, being a county of itself, or otherwise 
 having exclusive jurisdiction, and situated within, surrounded 
 by or adjoining to any such county, riding or division re- 
 spectively ; and that all and every such act and acta, matten 
 and things to he so done by such justice or justices within 
 such city, town or precinct, as justice or justices for such 
 county, riding or division respectively, shall be as valid and 
 effectual in law as if the same had been done within such 
 county, riding or division respectively, to all intents and 
 
 Justices for a 
 county, &c. 
 may act for it 
 in an adjoining 
 city or place of 
 exclusivejuris- 
 diction. 
 
 4 Meaning the ridings of the county of York. 
 
 5 Meaning the divisions of the county of Lincoln; also the district of 
 the Isle of Ely fl Vict. „, 53, s. 7). 
 
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TROB.] Jurisdiction of Justices as to Locality, ^c. 11 
 
 purposes whatsoever : — provided always, that nothing in this Proviso, 
 act contained shall extend to give power to the justices of the 
 peace for any county, riding or division, not being also jus- 
 tices for such city, town or other precinct, or not having 
 authority as justices of the peace therein — or any constable or 
 other officer acting under them, — to act or intermeddle in 
 any matters or things arising within any such city, town or 
 precinct in any manner whatsoever (11 & 12 Vict. c. 42, s. 6). Applies to all 
 [This provision is general, and extends not only to indictable ™*"^'^^- 
 \J offences, but to all proceedings within the jurisdiction of a 
 /^ justice of the peace ; and therefore justices may act for a 
 county in an adjoining city or borough, &c. nol'only incases 
 ^wltEm the act (c. 43) or the ?6r"mei- act (c. 42), but in making 
 orders of removal, and in all the other cases excepted from 
 the operation of this act by sect. 35 of cap. 43. See opinion 
 of attorney and solicitor-general to this effect, 20 J. P. 623, 
 27th Sept. 1856.] 
 3. 11 & 12 Vict. c. 42, s. 7 recites, that doubts have arisen whe- Authority in 
 
 ther the powers given to justices by the 2 & 3 Vict. c. 82, 6 ^^^'^^^^. P^""** 
 
 ,. , , i . . ,. . , of counties, 
 
 are applicable to cases ot summary jurisdiction and to acts 
 
 merely ministerial, and enacts, — that all the acts of aijy jus- 
 
 6 Detached Parts of Counties."] The 2 & 3 Vict. c. 82, s. 1, after reciting 
 lat the administration of justice was hindered by the distance of divers 
 etached parts of counties in England and Wales from the body of the 
 junties to which they severally belong, enacted, — " that it shall be lawful 
 for any justice or justices of the peace acting for any county to act as 
 a justice or justices of the peace in all things whatsoever concerning or in 
 anywise relating to any detached part of any other county which is 
 surrounded in whole or in part by the county for which such justice or 
 justices acts or act;— and that all acts of such justice or justices of the 
 peace, and of any constable or other officer in obedience thereto, shall be 
 as good, and all offenders in such detached part may be committed for trial, 
 tried, convicted and sentenced, and judgment and execution may be had 
 upon them, in like manner as if such detached part were to all intents 
 and purposes part of the county for which such justice or justices acts or 
 act," The doubt arising upon this act was, that it extended only to 
 idictable offences ; but the 7 & 8 Vict. c. 61, already provided for the doubt 
 xpressed in the recital of 11 & 12 Vict. c. 42, s. 7, and enacts, by s. ], that 
 om and after the 20th of October then next every part of any county in 
 Ingland or Wales which is detached from the main body of such county shall 
 e considered, /or all purposes^ as forming part of that county of which it is 
 snsidered a part for the purposes of the election of members to serve in par- 
 ament as knights of the shire, under the provisions of stat. 2 Sc 3 Will. 4, 
 , 64. By s. 26 of the letter statute it is enacted, that the isolated parts of 
 Dunties in England and Wales, described in Sched. M., shall be considered 
 3 forming parts of the counties respectively mentioned in the fourth column 
 f Sched. M. : — " and that every part of any county in England and Wales 
 which is detqched from the main body of such county^ but for which no 
 special provision is hereby made," shall be considered as forming part of that 
 }unty, " whereby such detached part shall be surrounded," — or, if sur- 
 junded by two or mpre counties, then as forming part of that county with 
 hich it has the longest boundary (Arch. 2nd ed. Jervis's Acts, 24). 
 
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12 
 
 Backing war- 
 rants of appre- 
 hension and 
 commitment. 
 
 Distress war- 
 rants in sum- 
 mary convic- 
 tions and 
 orders. 
 
 Offences within 
 justices' juris- 
 diction ; 
 
 Jurisdiction of Justices as to Locality, ^c. [introd. 
 
 tice or justices, and of any constable or officer in obedience 
 thereto, shall be as good in relation to any detached part of 
 any county which is surrounded in whole or in part by the 
 county for which such justice or justices acts or act, as if the 
 same were to all intents and purposes part of the said county ; 
 — and all constables and other officers of such detached part 
 are hereby required to obey the warrants, orders and acts of 
 such justice or justices, and to perform their several duties in 
 respect thereof, under the pains and penalties to which any 
 constable or other officer may be liable for a neglect of duty. 
 
 4. Upon proof alone being made of the handwriting of a justice 
 
 issuing a warrant of apprehension, a justice of the peace for 
 the coiinty or place in England or Wales into which the 
 person against whom the warrant is issued shall escape or go, 
 — or in which he shall reside or be, — or be supposed or sus- 
 pected to be,— may indorse the wan-ant with his name, 
 authorizing its execution within his jurisdiction (11 & 12 
 Vict. c. 42, s. 11 ; and 11 & 12 Vict. c. 43, s. 3). 
 
 5. English warrants may be backed in Ireland, — and vice versd, 
 
 in the event of parties escaping (11 & 12 Vict. c. 42, s. 13). 
 
 6. English warrants may be backed in the isles of Man, Guernsey, 
 
 Jersey, Aldemey or Sark, and vice versd, (Id. s. 13) — by 
 the bailiffs of Jersey and Guernsey respectively, or in their 
 absence the lieutenant bailiSs, the judge of Aldemey, or in 
 his absence any jurat, or the senischal of Sark, or in hia 
 absence his deputy (14 & 15 Vict. c. 55, s. 18) ; but there is 
 no provision for backing Scotch or Irish warrants in those 
 islands. 
 
 7. English or Irish warrants may be backed in Scotland (11 & 12 
 
 Vict. c. 42, s. 14). 
 
 8. Scotch warrants may be backed in England or Ireland (Id. 
 
 s. 15). 
 
 9. Where sufficient disti-ess shall not be found within the limits of 
 
 the jurisdiction of the justice granting a warrant of distress 
 for levying a pecuniary penalty or compensation upon a 
 conviction, — or a sum of money upon an order,— upon proof 
 alone being made on oath of the handwriting of the justice 
 granting such warrant before any justice of any other county 
 or place, — such justice shall indorse the warrant with his hand 
 authorizing its execution within the limits of his jurisdiction 
 (11 & 12 Vict. c. 43, s. 19). 
 
 Relative to Indictable Offences exclusively. 
 10. Justices are authorized to issue a warrant to apprehend, and to 
 commit for trial, any person charged with having committsd 
 an indictable offence within their jurisdiction, no matter where 
 such person shall reside or be (11 & 12 Vict. c. 42, s. 1) ; 
 
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TROD.] Jurisdiction of Justices as to Locality, ^c. 13 
 
 11. Or, for offences out of their jurisdiction, if the person charged or out of same. 
 
 be or be supposed or suspected to be within it (Id.) ; 
 
 12. And also in aU, cases of indictable crimes or offences committed Offences at 
 
 on the high seas,— or in any place within the jurisdiction of sea, &c. 
 the Admiralty of England ; 7 
 
 13. Or for offences on land beyond the seas, for which an indict- Offences 
 
 ment may legally be preferred in any place within England abroad, 
 and Wales; 8 
 
 7 Offences at Sea, ^■c.] The Admiralty have exclusive jurisdiction of all 
 dictable crimes and offences committed on the high seas, or within the 
 rbours, creeks and havens of foreign countries ; but within the harbours, 
 eeks and havens of this country, the courts of common law, and not the 
 dmiralty, have jurisdiction : as for instance, if an imaginary line were 
 awn across the mouth of such creek, &c., from one point of land to the 
 her, the common law would have jurisdiction of all offences committed 
 thin such line ; the Admiralty, of all offences committed without it As 
 the seashore below low water mark, the Admiralty have exclusive juris - 
 ction ; above high water mark, the courts of common law have exclusive 
 risdiction ; and between high and low water mark, the courts of common 
 w and the Admiralty have alternate jurisdiction; the courts of common 
 w have jurisdiction of all offences committed on the strand when the tide 
 out — the Admiralty, jurisdiction of offences committed on the water when 
 le tide is in (Arch. 3rd ed. of Jervis's Acts, p. 11 ; and see Arch. Cr. PI. 
 f Welsby, 12th ed. pp. 24, 25, 347). In the various general acts relating 
 I offences there are provisions as to the trial of these offences in England 
 hen committed on the high seas or within the jurisdiction of the Admi- 
 ilty, viz. offences against the person, 9 Geo. 4, c. 31, s. 32; — larceny and 
 :her offences connected therewith, 7 & 8 Geo. 4, c. 29, s. 77 ; — malicious 
 juries to property, 7 & 8 Geo. 4, c. 30, s. 43, and 7 Will. 4 & 1 Vict. c. 89, 
 14; — forgery, 11 Geo. 4 & 1 Will. 4, c. 66, s. 27; see also tit. "Piracy," 
 1 Part II. of this work. But these enactments do not appear to extend to 
 reigners committing offences on board foreign ships. In Reg, v. Lewis, 
 3 L. J. (N. S.) M. C. 104 ; 1 Dears. & Bell, C. C. 182 ; 21 J. P. 358, it was 
 2ld that where one foreigner inflicts a blow on another foreigner in a foreign 
 ;ssel on the high seas, and the person so struck in a few days afterwards 
 mds in England and dies there, the homicide is not cognizable by the 
 }urts of this country by virtue of the statute 9 Geo. 4, c. 31, ss. 7 or 8 
 loticed in note 8, infra). By s. 21 of the Amended Merchant Shipping 
 .ct, 18 & 19 Vict. c. 91, a British subject charged with apy offence com- 
 litted on board any British ship on the high seas or in any foreign port or 
 arbour — or any person not a British subject charged with any offence com- 
 litted on board a British ship on the high seas, — and found within her 
 lajesty's dominions, may be there tried. Sect. 275 of the 16 & 17 Vict. 
 , 107, also contains a similar provision as to offences against the customs. 
 8 Offences abroad.'\ The offences alluded to, for which an indictment may 
 e preferred in England, are: murder or manslaughter, accessory before or 
 Fter the fact to murder, or after the fact to manslaughter, on land out of the 
 nited kingdom, whether committed within her majesty's dominions or not 
 ) Geo. 4, c. 31, s. 7). Also by s. 8 of the 9 Geo. 4, c. 31 (vide paragraph 
 fo. 21, p. 16), where any person being feloniously stricken, poisoned or 
 bherwise hurt upon the sea, or at any place out of England, shall die of 
 ich stroke, poisoning or hurt in England;— or being feloniously stricken, 
 oisoned or otherwise hurt in England, shall die of such stroke, poisoning 
 r hurt upon the sea, or at any place out of England. But the sections 
 f the 9 Geo. 4, i;. 31, only relate to offences committed by the queen's sub- 
 !0ts, and do not extend to offences committed by foreigners, notwith- 
 :anding they are committed on Englishmen and on board an English ship 
 
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14 
 
 When indict- 
 ment found. 
 
 Offences in 
 another county. 
 
 Offences in 
 foreign coun- 
 tries. 
 
 Offences in the 
 colonies. 
 
 Offences in 
 France and 
 America, and 
 
 Jurisdiction of Justices as to Locality, #c. [introd. 
 
 Justices may grant a warrant of apprehension, if the person 
 charged is at large and within their jurisdiction (Id. s. 2); 
 and take the examination of the witnesses as in ordinary 
 cases (s. 17), and commit the person charged to their ordinary 
 place of committal (s. 25). 
 
 14. And also in cases where an indictment is found in another 
 
 county, and the accused is within the -justices' jurisdiction, 
 he may grant a warrant for his apprehension and commit for 
 trial (Id. s. 3). 
 
 1 5. Also by s. 22 of the same act, 11 & 12 Vict. c. 42, if an offender 
 
 is within the justices' jurisdiction, for an offence in another 
 county or place in England or Wales, he may take the de- 
 positions of the witnesses, and commit for trial if the evidence 
 is sufficient,— or remand to the place where offence com- 
 mitted, if the evidence insufficient. 
 
 [The following are not in Jervis's Acts.] 
 
 16. For offences in foreign countries, except those referred to in 
 
 paragraphs No. 13, supra, and No. 18, infra, justices have 
 no jurisdiction to grant a warrant or detain an accused party. 
 
 17. For offences (i. e. treason, or any felony, 16 & 17 Vict. c. 118) 
 
 committed in the colonies for which a warrant is there issued 
 and forwarded to this country, where the accused is, the 
 accused may, on the secretary of state indorsing the wan'ant, 
 be apprehended and taken before a justice in this country, 
 who may, after taking the evidence, commit the accused to 
 prison in order to his being conveyed to the colonies where 
 the offence was committed, within two months (6 & 7 Vict 
 c. 34, ss. 1, 3, 5, 6). 
 
 18. Persons in this country charged with having committed in 
 
 France the crime of murder (comprehending the crimes 
 
 (R. V. Depardo, 1 Taunt. 26 ; R. & R. 134 ; R. v. Helsham, 4 C. & P. 394; 
 R. V. Manoel de Mattos, 7 C. & P. 4-58 ; R. v. Serva, 1 Den. C. C. 104; 2C. 
 & K. 53 i see also Reg. v. Lewis, and 18 & 19 Vict. c. 91, s. 21, cited sufra, 
 Note 7); but it comprehends all countries, though within the dominion of 
 a foreign power {R. v. Sawyer, R. & R. 294). So in indictments for burning 
 or destroying the queen's ships, magazines, &c. out of the realm, the venue 
 may be laid in any county within the realm (12 Geo. 3, c. 24, s. 2; Arch. 
 Cr. PI. by Welsby, 12th ed. p. 24). In indictments for robbery and other 
 crimes committed in Newfoundland, the venue may be laid in any county 
 in England (10 & 11 Will. 3, c. 25, s. 13) j also against the Foreign Enlist- 
 ment Act, the venue may be laid at Westminster (59 Geo. 3, c. 69, s. 9). 
 Misdemeanors committed in India may be tried in the Queen's Bench in 
 England (13 Geo. 3, c. 63). Offences (i. e. not felonies, R. v. Shawe, 5 M. 
 & Selw. 403) committed abroad by persons holding public offices under the 
 British Government may be tried in this country under a special commission 
 (42 Geo. 3, c. 85). As to the trial of offenders in the colonies for crimes 
 committed in places in which the Crown has power or jurisdiction outo 
 her majesty's dominions, see 6 & 7 Vict. c. 94, and 12 & 13 Vict c. 96. 
 
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'ROD.] Jurisdiction of Justices as to Locality/, ^c. 15 
 
 designated in the French penal code by the terms assassina- offenders 
 tion^ parricide, infanticide and poisoning), attempt to commit coming to this 
 mutdef, forgery, or of fraudulent banltruptcy (6 & 7 Vict. <=°""'''y- 
 c. 75, s. 1), — or 10. America the crime of murder, assault with 
 intent to murder, piracy, arson, robbery, forgery, or uttering 
 forged paper (6 & 7 Vict. c. 76, s. 1), — may be apprehended 
 anywhere in this country on the warrant of a police magis- 
 trate of the metropolis (the secretary of state first signifying 
 to such magistrate that a requisition has been made to him 
 for that purpose by the authorities of France or America), 
 ajid committed to gaol in order to be conveyed to France or 
 America, as the case may be, within a hmited time (8 & 9 
 Vict. c. 120, s. 1). [The usual course to be pursued in the 
 execution of English warrants in those countries will be found 
 in Chap. 1 of Part II., on the practice and law as to granting 
 warrants in general.] 
 
 19. Any felony or misdemeanor committed on the boundary or offences on 
 
 boundaries of two or more counties, — or within five hundred the" borders of 
 yards of such boundary,— or begun in one county and com- """"•'"^^ne'^anj 
 pleted in another, — may be dealt toith, inquired of, tried, de- completed in 
 termined and punished 9 in either (7 Geo. 4, c. 64, s. 12). another. 
 
 20. Where any felony or misdemeanor shall be committed on any Offences 
 
 person or property in or upon any coach, waggon, cart or during a 
 other carriage employed in any journey, — or on board of any ^^gJ^^I °^ 
 vessel employed on a journey or voyage upon any navigable 
 river, canal or inland navigation, — the offender may be dealt 
 with, &c. in any county through any pitrt of which the 
 carriage or vessel shall have passed in the course of the 
 journey or voyage (Id. s. 13). 
 20a. Any of her majesty's subjects charged with mnrder or man- Offences 
 slaughter, or with being accessory before the fact to any abroad, 
 murder, or after the fact to any murder or manslaughter, if 
 committed on land out of the United Kingdom, whether 
 within the Quseen's dominions or not — to be cognizable where 
 the ofiender shall be (9 Geo. 4, c. 31, s. 7). 
 
 9 Parke, B., in the case of Rex v. Ruck and others, 1 Russ. C. & M. 827, 
 Id that the words " dealt with" applied to justices of the peace (which 
 arly means the apprehension, examination and commitment of offenders 
 trial), who had consequently jurisdiction over five hundred yards in the 
 oining county to that in which they were qualified to act ; that the words 
 nquired of" applied to the grand jury; " tried" to the petit jury; and 
 let^mined and punished" to the courts of sessions and assizes. The third 
 inch of this section applies to the case of obtaining property by false pre- 
 ices, where letters containing the false pretence are sent from one county 
 the party defrauded in another (see Reg. v. Joties, 1 Den. C. C. 551 ; 19 
 w J. (N. S.) M. C. 162 ; Leech's case, 3 Dears. C. C. 642 ; 25 Law J. 
 . S.) M. C. 77). The 11 & 12 Vict. .;. 42, s. 22, post, Chap. I. of Part II. 
 e paragraph No. 15, p. 14) applies where the justice has no jurisdiction, 
 1 the offender is brought before him. 
 
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16 Jurisdiction of Justices as to Locality, S^c. [inteod. 
 
 Offences partly gl. Where any person, being feloniously stricken, poisofied or 
 
 and partly out otherwise hurt upon the sea, or at any place out of England, 
 
 of it shall die of such stroke, poisoning or hurt in England,— or 
 
 being feloniously stricken, poisoned or otherwise hurt at any 
 
 place in England, shall die of such stroke, poisoning or hurt 
 
 upon the sea or at any place out of England, — every offence 
 
 committed in respect of any such case, — whether the same 
 
 amount to the offence of murder or manslaughter, or of being 
 
 accessory before the fact to murder, or after the fact to murder 
 
 or manslaughter, — may be dealt with, &c. in the county or 
 
 place in England where the death, stroke, poisoning or hurt 
 
 shall happen (9 Geo. 4, c. 31, s. 8). 10 
 
 Offences in 23. Offences committed within the county of a city or town cor- 
 
 "°""*'*f porate may, if necessary, be tried at the assizes for the next 
 
 adjoining county (38 Geo. 3, c. 52, s. 2). 
 Accessories in 23. An accessory before the fact to any felony may be indicted and 
 
 ^*"*'^ ■ punished in all respects as if he were a principal felon 
 
 (11 & 12 Vict. c. 46, s. 1). 
 
 24. An accessory after the fact to felony may be tried as such, 
 
 together with or after the conviction of the principal, or for 
 a substantive felony, whether the principal convicted or not, 
 or amenable to justice, in any court having jurisdiction to 
 try the principal (Id. s. 2). 
 
 25. For the offences under the following titles, there are special 
 
 statutory provisions as to the place of trial, viz. : — 
 
 bigamy, in the county where offender apprehended,— or 
 
 is in custody (9 Geo. 4, c. 31, s. 22), — or in which the 
 
 second marriage took place. 
 Challenge (sending), in the county from which it is sent or 
 
 posted, — or in which it was received. 
 Cmn, where two or more persons have acted in concert 
 
 in different jurisdictions, in either of them (2 Will. 4, 
 
 0. 34, s. 15). 
 Conspiracies, in any jurisdiction in which an act was done 
 
 by any of the accused in furtherance of their common 
 
 design (R. v. Brisac, 4 East, 164),— or in which the 
 
 conspiracy actually took place. 
 Embezzkment, either where the offender received the 
 
 money, &c., — or where he ought to have accounted for 
 
 it to his master. 
 Escape, &c. (breaking prison on a capital charge), where 
 
 offence committed,— or where offender apprehended and 
 
 retaken (4 Geo. 4, c. 64, s. 44). 
 
 10 This enactment does not apply to offences committed by foreigners, 
 vide cases, Note 8, ante, p. 13. J' s 
 
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THOD.] Jurisdiction of Justices as to Locality, ^c. 17 
 
 False Pretences (if made by letter sent from one county to 
 
 another), in either county (see 7 Geo. 4, c. 64, s. 12, and 
 
 cases in note (9), ante, p. 15). 
 Forgery, in any county in which offender apprehended, — ■ 
 
 or is in custody (11 Geo. 4 & 1 Will. 4, c. 66, s. 24), or 
 
 where offence committed. 
 Larceny (simple), in the county where goods stolen, — or 
 
 any county into or through which the offender carried 
 
 them. 
 Larceny (from a wreck), where offence was committed, — 
 
 or in any county next adjoining (7 & 8 Geo. 4, c. 29, 
 
 s. 18). 
 Letter, Threatening, either in the county from which the 
 
 letter was sent or posted, — or in the county in which it 
 
 was received. 
 Libeh, same as in the like cases. 
 
 •Ajr ^ ' 5 See paragraphs Nos. 13, 20a and 21. 
 
 Mutiny (inciting to), at the assizes of any county, whether 
 committed on the high seas or in England (37 Geo. 3, 
 c. 70, s. 2). 
 
 Piracy, at the assizes of the county in which committed 
 (7 & 8 Vict. c. 2, s. 1 ; 11 & 12 Vict. c. 42, s. 25),— or 
 at the Central Crim. Court (4 & 5 Will. 4, c. 36, s. 22). 
 
 Post Office, either where offence committed, — or in which 
 offender apprehended, — or is in custody (see 1 Vict. c. 36, 
 s. 37). 
 
 Receivers (fii stolen goods), either in the county where 
 they have or had the property, — or where the principal 
 may be tried, — or where they received the property 
 (7 & 8 Geo. 4, c. 29, s. 56 ; see B. v. Cryer, 26 L. J. 
 (N. S.) M. C. 192). 
 
 Smuggling, offences on the high seas are to be deemed to 
 be committed where offender is brought — or where 
 found (16 & 17 Vict. c. 107, s. 275),— and may be tried 
 in any county (Id. s. 304). 
 
 Treason, if offence committed in England, in any county 
 in which an overt act proved ; — if out of the realm, 
 before the Q. B., by commission in any county (Arch. 
 Cr. PI. by Welsby, 12th ed. p. 23). 
 
 There are some other exceptions in respect of summary pro- Other excep - 
 
 edine^g allowed by the statutes, under which the particular *'°"^ relative 
 n . .,,,,...,.. .to summary 
 
 lence or matter is cognizable, and wherein jurisdiction is convictions 
 van them from other causes or circumstances, as follow : — ^"^ orders. 
 
 ^6. Under the statute 11 Geo. 2, c. 19, as to the fraudulent re- 
 o.s. c 
 
 Digitized by Microsoft® 
 
18 Jurisdiction of Justices as to Locality, S^c. [inthod, 
 
 moval of goods by tenants, jurisdiction is given to justices 
 •where the goods are found, if removed from another. 
 
 27. Under the statutes relating to salmon fisheries, jurisdiction is 
 
 given to the justices of the county, &c. wherein the offender 
 shall he or reside, — or near to which the offence shall be 
 committed (58 Geo. 3, c. 43, s. 6) ; — or if the offence be com- 
 mitted in such part of any river as runs between or forms the 
 boundary of two adjoining counties, it is cognizable by any 
 justice for either of such counties (6 & 7 Vict. c. 33, s. 5). 
 
 28. Under the Truck Act (1 & 2 Will. 4, c. 37, s. 22), where 
 
 county magistrates may act in boroughs in cases where the 
 borough magistrates are disqualified by the act, and in that 
 case the complaint may be heard at any petty sessions not 
 exceeding twelve miles from the place where the offence is 
 committed. 
 
 29. For offences in union workhouses, comprising parishes of two 
 
 or more counties, the justices of a county where the work- 
 house is situate may commit the offender to the gaol of the 
 county, &c. in which the parish is situate to which he is 
 chargeable (7 & 8 Vict. c. 101, s. 67 ; and see 11 & 12 Vict. 
 c. 110, s. 9). 
 
 30. Accessories in summary convictions may be convicted where 
 
 the principal may be convicted, — or where the offence of 
 aiding, abetting, counselling or procuring was committed 
 (11 & 12 Vict. c. 43, s. 5). 
 
 31. Under the Lands Clauses (8 Vict. c. 18, s. 3), the Railways 
 
 Clauses (8 Vict. c. 20, s. 3), the Markets and Fau-s Clauses 
 (XO & 11 Vict. c. 14, s. 3), the Cemeteries Clauses (10 & 11 
 Vict. c. 65, s. 3), the Waterworks Clauses (10 & 11 Vict. 
 c. 17, s. 3), the Harbours, &c. Clauses (10 & 11 Vict. c. 27, 
 s. 3) Consolidation Acts, if the matters arise in respect of 
 lands situate not wholly in one jurisdiction, they may be 
 entered into before a justice of the peace where any part of 
 such lands shall be situated. 
 
 32. Under the Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104, 
 
 s. 520), offences are to be deemed to have been committed, 
 and causes of complaint to have arisen, either in the place 
 where they actually were committed or arose, — or in any 
 place in which the offender or person complained against 
 may be. 
 
 33. Under the County Courts Act (9 & 10 Vict. c. 95, s. 130), 
 
 penalties may be recovered before any justice having juris- 
 diction where the offender shall reside or be, — or the offence 
 shall be committed. 
 
 34. For offences against the Customs' Laws (16 & 17 Vict. c. 107, 
 
 8. 304), informations may be determined in any county,— 
 
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INTROD.] Ex Officio Authority of Justices. 1& 
 
 and (s. 276) offences are to be deemed to have been com- 
 mitted either in the place in which the same actually were 
 committed, or in any place on land where the offender may 
 be or be brought. 
 35. The warrants of any magistrate within the metropolitan police Magistrates of 
 
 district, for any matter arising within it, may be executed in me|^™polis 
 
 'J iurisdiction. 
 
 any part of the kingdom without indorsement (2 & 3 Vict. 
 
 c. 71, s. 17); but the warrants of the justices of the city of 
 
 London cannot, although they may be in the counties of 
 
 Middlesex, Surrey, Hertford, Essex and Kent, and warrants 
 
 issued by justices of those counties may likewise be executed 
 
 in the city of Loudon (2 & 3 Vict. c. xciv. s. 23). 
 
 The above exceptions to the general rule in respect of juris- Above excep- 
 
 diction as to place, — that justices must act within the limits in "''"^ ""' *P" 
 
 . . piyi^g to 
 
 ■which the oflFence is committed or matter arose, numbered 1 to special sessions 
 
 34 respectively (with the exception of Nos. 2 and 3, as to jus- matters. 
 
 tices of a county, riding, &c. acting as such within an adjoining 
 
 city or borough, &c., and their authority in detached parts of 
 
 counties, both of which provisions are general and extend to all 
 
 proceedings), — do not at all apply to those numerous judicial 
 
 matters expressly required by various statutes to be done at 
 
 special sessions, or in petty sessions holden for the division of 
 
 the county where the matter arose, such as the appointment of 
 
 constables, orders in bastardy, or the like. 
 
 2. Ex Officio Authfirity of Justices. 
 
 All justices of thepeaceresiding within parishes which have Justices' 
 
 been formed into^n union by the poor law commissioners [or authority ex 
 
 .„ .,_.,._„.«.-.— -•-"•-.„_ •' , / , ,. /. 1 • 1 #cio m other 
 
 m any extra- parochial place, the boundary line ot which, or matters. 
 
 the greater part of the boundary line of which is included within 
 
 or coincident with the boundary line of such union, 7 & 8 Vict. 
 
 c. 101, s. 24], within the county for which they are justices, 
 
 shall be eo; o^cio,,guardiaM;_gf.the,^oor^fjucl^^ and 
 
 they may, if they think fit, act as members of the board of 
 
 grari3jansj in additioii to and in like manner as those guardians 
 
 who°arrelected (4 & 5 Will. Cc. 76, s. 38). So where a single 
 
 parish is placed under a board of guardians by the poor law 
 
 commissioners, every justice of the peace resident therein, and 
 
 acting for the county, riding or division in which such parish 
 
 is situate, shall be and may act as an ex officio member of 
 
 such board (Id. s. 39). All justices of tlie peace may act as 
 
 c2 
 
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20 Jurisdiction of Justices as to Locality, Sfc. [introd. 
 
 commissioners of land tax, although not specifically named as 
 commissioners in the act (45 Geo. 3, c. 48, s. 3). After the 
 expiration of a commission of sewers, the justices of the peace 
 of the county, &c., or any six of them, may execute the powers 
 of the said commission, for the space of one year, unless a new 
 commission in the mean lime be issued (13 Eliz. c. 9). All 
 justices of a county, &c., through which a turnpike road passes, 
 shall be added to and joined with the trustees or commissioners 
 of the road, and shall have the same powers, &c., as if they were 
 named as such in the act of parliament relating to the road 
 (3 Geo. 4, c. 126, s. 61 ; Oke's Law of Tump. Rds. p. 24). 
 
 3. When Justices interested in the Case. 
 
 When justice Subject to the rules and restrictions above mentioned, every 
 
 a party or inte- iugtice of the peace is competent to exercise the authority corn- 
 rested in the -^ . . f ,. 1 11 1 . 
 matter in ques- mitted to justices 01 the peace generally ; but that power is 
 
 *"'°- accompanied with this further qualification, — that no magistrate, 
 
 however duly authorized in all other respects, can act judicially 
 in a case wherein he is himself a party. The plain principle 
 of justice, that no one can be a judge in his own cause, per- 
 vades every branch of the law, and is as ancient as the law 
 itself (Co. Lit. 141 a; 8 Co. 118; Dalt. c. 173). This is so 
 fundamental a maxim, as not to be ovemiled by any prescrip- 
 tion (Id. ; Hob. 87). Lord Coke and Lord Holt both go 
 so far as to question whether even an act of parliament has 
 power to ordain that the same person shall be both party and 
 judge (8 Co. 118; Bonham's Case, Hob. 87; 12 Mod. 687; 
 Mayor of London v. Wood, Paley, 4th ed. p. 34). It is 
 however certain, that every proceeding, which bears this ob- 
 jection upon the face of it, is absolutely void. Justices of 
 the peace should, therefore, refrain from taking part in any 
 matters in which they individually have a personal interest; 
 for, although they may act most fairly, still their conduct is 
 open to suspicion (see Anon. 1 Salk. 396 ; Re Foxham Tithing, 
 2 Salk. 607; R.y. Great Chart, Burr. S. C. 194; 2 Str. 1173; 
 R. V. Justices of Herts, 1 New Sess. Ca. 470 ; 1 New Mag. 
 Ca. 183, S. C. ; R. v. Justices of Hertfordshire, 6 Q. B. 753; 
 2 D. & L. 500; 14 Law J. (M. C.) 73; Dimes v. Grard 
 Junction Canal Company, 3 H. of L. Cas. 759—785 ; Dime^ 
 Case, 14 Q. B. 554; R. v. Justices of London, 18 A. & E. 
 416 n. ; R. v. Justices of Surrey, 19 J. P. 755). In Rex v. 
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INTROD.] When Justices interested in the Case. 21 
 
 Gudridge (5 B. & C. 459 ; 8 D. & R. 217) it was held, that 
 
 magistrates should not interfere in any manner in cases -where 
 
 they are directly or indirectly interested. It was so held in the 
 
 following cases : — Bex v. Great Yarmouth (6 B. & C. 646), 
 
 where one of the magistrates who signed an order of removal 
 
 was a churchwarden of the removing parish ; in Rex v. Yarpole 
 
 (4 T. R. 71) and R. v. Bishton (1 Q. B. 479, n.), where three 
 
 of eight justices, forming a majority of fifteen for confirming an 
 
 order of removal, were rated in the removing parish ; and in 
 
 Beg. V. Cheltenham Commissioners (1 Q. B. 467; 1 Ad. & E. 
 
 (N. S.) 467; 10 Law J. Rep. (N. S.) M. C. 99; Ex parte 
 
 Overseers of Steeple Harden, 19 J. P. 292 ; and Beg. v. Storks, 
 
 29 Law T. 107, Q. B.), where the order of sessions was made upon 
 
 an appeal against a rate ; and in Bex v. Gudridge (Id.), upon 
 
 an appeal against the allowance of overseers' accounts for the 
 
 parish where the justice was rated. In the more recent case of 
 
 Beg. V. Justices of Suffolk (21 Law J. Rep. (N. S.) M. C. 
 
 169; 16 J. P. 296 ; 4 New Mag. Cas. 122; 18 A. & E. 416), 
 
 of an appeal against an order of removal, wherein the justice 
 
 was rated in the appellant parish, it was held that the order of 
 
 sessions was invalid by reason of his being present on the bench 
 
 during the hearing of the appeal. 11 The 16 Geo. 2, c. 18 ; Statutes on the 
 
 5 & 6 Vict. c. 57, the Public Health Act, 11 & 12 Vict. c. 63, subject of jus- 
 
 and the statutes as to their ex officio authority before mentioned, 
 
 seem to be the only enactments giving them powers to act when 
 
 interested : by the 1st section of 16 Geo. 2, c. 18, justices are 
 
 empowered to act in all matters relating to the laws for the 
 
 relief, maintenance and settlement of the poor, for passing and 
 
 punishing vagrants, for the repair of highways, and concerning 
 
 parochial taxes, levies or rates, notwithstanding they are rated 
 
 to or chargeable with the taxes, levies or rates within any 
 
 parish, township, or place affected by such act ; but the statute 
 
 contains a proviso (s. 3), that it shall not extend to authorize 
 
 or empower any justice of the peace for any " county or riding 
 
 11 Lord Campbell in that case (Id. p. 171) remarked: " I am glad for 
 the sake of the due administration of justice in courts of quarter sessions 
 that this application has been made. The proceeding which here took 
 place is much to be censured. Mr. Steward was interested as being a rate- 
 payer of the appellant parish, and if he had done his duty, he would have 
 at once voluntarily withdrawn from the court ;" and Mr. Justice Wightman 
 observed : " It is most essential for the satisfactory administration of justice 
 that parties who are interested in a decision should not only take no part 
 in it, but also should give no ground for believing that they influence 
 others in deciding." See articles in 16 J. P. 98, 322, and 19 J. P. 785, 
 hereon ; also Reg. v. Chester and Holyhead Railway Company, Q. B., January 
 14th, 1856. 
 
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22 Jurisdiction of Justices as to Locality, S^c. [inthod. 
 
 " at large, to act in the determination of any appeal to the 
 " quarter sessions for any such county or riding, from any 
 " order, matter or thing relating to any such parish, township 
 " or place where such justice of the peace is so taxed or charged 
 " or chargeable as aforesaid." 11a By stat. 5 & 6 Vict. c. 57, 
 g. 15, it is enacted that justices may act at petty and general 
 sessions in any matter, although they are ex officio members of 
 the board of guardians, complaining or concerned therein. By 
 s. 132 of the Public Health Act, 1848 (11 & 12 Vict. c. 63), 
 "justices of the peace, being also members of any local 
 " board of health, may, if acting in petty sessions, notwith- 
 " standing their being such members, exercise the jurisdiction 
 " vested in them as such justices under this act." It will be 
 observed that these two last provisions do not extend to autho- 
 rize justices to act singly. The cases, therefore, in which a 
 justice might wisely abstain from interference seem to be these: 
 1. Where he is interested in the matter. 2. Where he is nearly 
 related to either party. 12 3. Where he has advised upon the 
 matter. There appears to be no legal disqualification arising 
 from the two last circumstances ; but it is the practice of the 
 judges of the superior courts not to adjudicate in any cause upon 
 which they, when at the bar, advised. And the stat. 33 Hen. 8, 
 c. 24, prohibits justices of assize going circuits in the counties 
 where they were born or are inhabiting, for that some jealousy 
 of their affection and favour towards their kinsmen, alliance 
 and friends within the said counties would be conceived against 
 them; and by his oath a justice of the peace is not to be of 
 counsel of any quarrel hanging before him (Bench, Form. p. 6); 
 at p. 472, ib., it is said, " It was foreseen that difficulties might 
 " arise from the application of the rule, and it has been said that 
 " if there be, before the decision, anything like consent by the 
 " parties, they cannot afterwards make the objection. Hence, 
 " for the practical guidance of the magistrate, he is told he 
 " should state the fact of his being interested, and inquire whe- 
 " ther any objection be made by any party to his taking part 
 " in the decision" {Reg. v. Cheltenham, Commissioners, 1 Ad. 
 & E. (N. S.) 467; 10 Law J. Rep. (N. S.) M. C. 99; 1 Q. B. 
 
 11a See Reg. v. Recorder of Cambridge, 21 J. P. 803, wherein it was held 
 that a recorder of a borough is not a justice of the peace within this act of 
 16 Geo. 2, c. 18. 
 
 12 The Alehouse Act, 9 Geo. 4, c. 61, s. 6, prohibits the interference of 
 justices at annual licensing meetings, &c. where they are allied by blood or 
 inamage to or m partnership with the owner of the house sought to be 
 hpensed. Vide ©^^/fiBC/oaiJialWprobiiaSons by statute 
 
INTROD.] When Justices interested in the Case. 23 
 
 467); or, which is better, he should, as observed by Lord 
 
 Campbell in Meg. v. Justices of Suffolh, supra, " voluntarily 
 
 withdraw from the Court." 
 
 By several acts, justices of certain descriptions are prohibited When pro- 
 
 from acting at all in some cases ; for instance : — 13 hibited from 
 
 ° ' acting as a jus- 
 
 Urder the Alehouse Act (9 Geo. 4, c. 61), in licensing alehouses, ''<=« ^V statute. 
 
 where the justice is a brewer, distiller, maltster, &c., or the 
 
 owner of ormgent for the owner of the alehouse, or in certain 
 
 cases allied by blood or marriage to or in partnership with 
 
 the owner (s. 6). 14 
 Under the Bread and Flour Act (S & 7 Will. 4, c. 37), when a 
 
 miller, baker or mealman (s. 15). 
 Under the act 11 Geo. 3, c. 19, relative to the fraudulent removal 
 
 of goods by tenants, or deserted premises, when interested in 
 
 the premises (s. 4) ; but there is no such provision in the 
 
 stat. 1 & 2 Vict. c. 74, for recovering possession of small 
 
 tenements. 
 Under the Inclosure Acts (41 Geo. 3, c. 109, s. 30 ; 3 & 4 Will. 4, 
 
 c. 35, s. 1 ; and 8 & 9 Vict. c. 118, s. 159), where interested. 
 Under the Truck Act (1 & 2 Will. 4, c. 37), where engaged in 
 
 any of the enumerated trades (s. 21) ; but see s. 22, when 
 
 borough magistrates disqualified, No. 28, p. 18. 
 Under the act as to the cotton and other manufactures (6 & 7 Vict. 
 
 c. 40), where engaged in the trade or related (s. 25). 
 On the hearing of appeals against rates (vide 16 Geo. 2, o. 18, 
 
 s. 3, noticed ante, p. 21). 
 Under the statutes relating to the recovery of tithes and church 
 
 rates from Quakers and others, where patron of the church 
 
 or chapel whence the said tithes arose, or anywise interested 
 
 in such tithes (7 & 8 Will. 3, c. 6, ss. 1, 4). 
 Under the Annual Army or Marine Mutiny Acts, where the 
 
 justice is an oflScer in the army or marines. . 
 Under the Companies Clauses, the Lands Clauses, and the Rail- 
 ways Clauses Consolidation "Acts (8 Vict. c. 16, s. 3 ; 8 Vict. 
 
 c. 18, s. 3 ; and 8 Vict. c. 20, s. 3), where interested in the 
 
 matter. 
 
 When a sheriff of a county happens to be a justice of the When dis- 
 peace for the same county, he cannot act as such during the ^^^gj^^^^'^^'g^ 
 ___^ than interest 
 
 13 These are also shown under the respective titles throughout the work. 
 
 14 Query, should not such justices also refrain from taking part in the 
 hearing of informations against publicans for breaches of the laws relating 
 to alehouses and beerhouses? Such cases are within the spirit of this 
 enactment and the general principle of interest, if not within the letter 
 of it. 
 
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24 
 
 Jurisdiction of Justices as to Locality, Sfc, [inthod. 
 
 continuance of his shrievalty ; if he does, his acts are declared 
 to be void (1 Mary, sess. 2, c. 8, s. 2). 15 It seems also that a 
 coroner cannot act as a justice of the peace within his county 
 (2 Hawk. c. 8, s. 34, p. 46, 8th edit, by Garwood ; Dalt. c. 3). 
 But attomies, solicitors and proctors, although they cannot be 
 justices of the peace for counties, may be for boroughs ^6 & 7 
 Vict. c. 73, s. 33; 5 Geo. 2, c. 18, ss. 2, 4). 
 
 Ouster of juris- 
 diction on 
 questions of 
 property or 
 title, and claim 
 of right to do 
 the act com- 
 plained of. 
 
 Mnst not be a 
 mere fictitious 
 pretence of 
 title. 
 
 4. Ouster of Justice^ Jurisdiction. 
 
 Where property or title is in question, the jurisdiction of jus- 
 tices of the peace to hear and determine in a summary manner 
 is ousted, and their hands tied from interfering, though the 
 facts be such as they have otherwise authority to take cogni- 
 zance of (Paley, 3rd edit. p. 28, 4th edit. p. 41). This principle 
 is not founded npon any legislative provision, but is a qualifica- 
 tion which the law itself raises in the execution of penal statutes, 
 and is always implied in their construction (Paley, 4th edit, 
 p. 117). It is sometimes also the subject of special enactment, 
 as under the Assault Act (9 Geo. 4, c. 31, s. 29), when the 
 title to any land or any interest therein, or as to any bankruptcy 
 or insolvency, or any execution under process of any court of 
 justice, is in dispute; under the Malicious Injuries Act (7 & 8 
 Geo. 4, c. 30, s. 24), " where the party trespassing acted under 
 " a fair and reasonable supposition that he had a right to do 
 " the act complained of" {R. v. Thomas, MS. Q. B. H. 1841); 
 and under the Poundbreach Act (6 & 7 Vict. c. 30, s. 2), 
 where any question of title shall arise as to any lands, &c., or 
 as to the obligation of repairing any wall, &c. The jurisdiction 
 is not to be ousted by a mere fictitious pretence of title (Paley, 
 3rd edit. p. 57, 4th edit. p. 119; 5 J. P. 404; 11 J. P. 785; 
 Harrington v. Moore, 12 J. P. 629 ; Rex v. Wrotteshy, 1 
 B. & Ad. 648; R. v. Speed, 1 Ld. Raym. 583; B. v. Bar- 
 naby, 2 Ld. Raym. 900 ; 1 Salk. 181 ; Kinnershy v. Orpe, 
 Doug. 499; R. v. Harper, 1 D. & R. 222; 1 New Mag. Cas. 
 57 ; Hunt v. Andrews, 3 B. & Aid. 341 ; Rex v. Milnrow, 
 5 M. & S. 248); and in R. v. Bodson et al. (9 Ad. & Ell. 704; 
 5 J. P. 404), which was a rule for a criminal information 
 against justices for acting corruptly in convicting a party who 
 
 15 See 3 & 4 Will. 4, c. 99, ss. 3, 6, as to the time when the office of 
 shentt commences, the swearing into office, &c. 
 
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INTBOD.] General Ingredients to give Justices Jurisdiction. 25 
 
 had set up a claim of right to do the act complained of as a 
 defence under the proviso of s. 24 of the Malicious Injuries Act 
 (7 & 8 Geo. 4, c. 30), it was held, that it was not sufficient for 
 the party to say that he had such a right, or to prove that others 
 had asserted the same right as well as he, but he must give such 
 evidence of his right as may satisfy the justices that the suppo- 
 sition of his having such a right was a fair and reasonable one ; 
 and in the same case it was held that it was no proof of a bond 
 Jide claim subsisting in the complainants, that several parties, 
 other than the individual charged, had committed similar tres- 
 passes, using the same colour of right as that which he professed 
 to rely on, and that the complainants had dbtained injunctions 
 from the Court of Chancery against such parties. It is, how- 
 ever, for the justices to determine, from all the circumstances 
 of the case (whether the defendant produces evidence or not), 
 whether the party really acted under a fair and reasonable 
 claim of right. 16 
 
 5. General Ingredients to give Justices Jurisdiction. 
 We have in the foregoing pages shown what are the principal General ingre- 
 requisites or ingredients in general necessary to give justices -'5°;*^ ^ ^-^^ 
 jurisdiction to exercise their authority, viz. : — diction, &c. 
 
 Jurisdiction as to place where ofPence or matter arose, and the 
 
 exceptions ; 
 Jurisdiction as io place of exercising their authority, — in adjoining 
 
 countiesj or place of exclusive jurisdiction, and detached parts 
 
 of other counties ; 
 Jurisdiction ex officio in certain matters ; 
 
 Jurisdiction not to be exercised where justice a party, or interested ; 
 When justices are prohibited by statute from exercising their 
 
 jurisdiction ; 
 When justices are disqualified from acting within their jurisdiction 
 
 by other causes than interest ; 
 When their jurisdiction (in all other respects complete) is ousted 
 
 by a question of property or title. 
 
 16 There are numerous decisions upon the County Courts Act, 9 & 10 
 Vict. c. 95, s. 58, which section is similar to the provisions here noticed. See 
 Davis's Practice of County Courts, 2ud edit. pp. 6—8. In a recent case 
 (Reg. V. Cridland, 21 J. P. 404), Lord Campbell, C. J., is reported to have 
 said — " My present impression is that magistrates do not act with pro- 
 priety if they proceed to adjudicate when a bona fide claim of right is made. 
 If there is an offer to establish such a claim by evidence, an^ it is shown 
 that it is bonifide set up, the magistrates have not jurisdiction, I think, and 
 ought not to proceed further." 
 
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26 
 
 Jurisdiction of Justices as to Locality/, S^c. [introd. 
 
 Written pro- 
 ceedings 
 sliould sliow 
 every requi- 
 site to gfive 
 jurisdiction. 
 
 In addition to these there must be,— 17 
 
 Jurisdiction over the subject-matter -within the strict meaning of 
 the commission or the particular act, taking into account all 
 exceptions and exemptions allowable ; 
 
 Jurisdiction in respect of the justices' description, where the 
 authority is delegated to particular justices ; 
 
 Jurisdiction as to the time of offence or matter being prosecuted 
 within the period limited by statute or otherwise ; 
 
 Jurisdiction as to the number required to hear and determine ; 
 
 Jurisdiction as to the amouiit of forfeiture or penalty, compensa- 
 tion and its nature, and costs, adjudged to be paid, neither 
 for too much or too little, and the mode of their recovery by 
 distress or otherwise, but appropriate to the offence and the 
 statute ; 
 
 Jurisdiction as to the term of imprisonment adjudged, neither for 
 too short or too long, and the proper condition of its termi- 
 nation. 
 
 But it is not sufficient that justices have the jurisdiction iu 
 every respect ; but upon all their written proceedings, 18 espe- 
 cially in those records of their judgments which are final,— i. e. 
 the Convictions and Orders returned to the sessions, &c., as the 
 bad part cannot be severed from the good (i?. v. Patchett, 5 
 East's Rep. 344; 1 Smith's Rep. 547, S. C; R. v. CatheraU, 
 2 Stra. 900; B. v. Stainforth, 11 Q. B. 75),— there must 
 appear on the face of them (for they cannot be gathered by 
 inference or intendment) every essential ingredient, and every 
 material fact, to give jurisdiction (see Paley, 3rd edit. 69; 4th 
 
 17 The principal cases bearing upon the question of a general jurisdic- 
 tion of justices, and in which they are only liable to an action on the case 
 for any omission or commission, as well as those wherein no general juris- 
 diction has appeared upon their proceedings, are cited in the case of New- 
 bould V. Coltman, 20 Law J. (N.S ) M. C. 151, 152. 
 
 18 Forms.'] The acts known as Sir John Jervis's Acts, 11 & 12 Vict, 
 cc. 42, 43, give a series of forms for general use in summary convictions and 
 orders, and indictable offences ; but as they are merely outlines, and do not 
 apply to particular cases, or under special provisions, or contain any mode 
 of describing offences or complaints, the necessity for a publication con- 
 taining a complete collection of forms and precedents for practical use in all 
 matters in a separate volume, distinct from the practice, founded upon 
 these outlines, was generally acknowledged by the magistracy and their 
 clerks and urged upon the author of the present work, — upon consideration 
 of which " ZVie Magisterial Formulist" was published, and which contains 
 all the forms required by justices and their clerks, especially the mode of 
 describing all summary as well as indictable offences, and may be used 
 either as a companion to this work, or any other book of practice on the 
 subjects, thereby securing that great desideratum in legal proceedings of 
 this nature, — uniformity in forms, as well as in practice. A second edition 
 has just been issued. See Note 45, post, p. 51. 
 
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INTEOD.] Actions and other Proceedings against Justices. 27 
 
 edit. pp. 141, 148, 150, &c.) The special authority given to 
 justices must be exactly pursued, according to the letter of the 
 act by which it is created, or their acts will not be good (Wil- 
 Uns V. Wright, 2 C. & M. 101 ; Bracey's Case, 1 Salk. 349; 
 2 Salk. 475, pi. 14; 5 Burr. 2686; see Paley, 16, 67; 2 T. R. 
 18; R. V. Corhen, 4 Burr. 2218;. 
 
 III. Of Actions and other Pkoceedings against 
 Justices. 
 Whilst the legislature has conferred upon justices powers of 
 a most extensive character, it has nevertheless carefully pro- 
 tected the subject against their unlawful or wanton exercise ; 
 and, notwithstanding a most wise and comprehensive discretion 
 has been accorded to magistrates in those cases in which they 
 have undoubted jurisdiction, a heavy responsibility is imposed 
 upon them where, either wilfully or negligently, they transgress 
 the bounds of their authority (Saund. Pr. 188). We propose 
 here to treat of actions and other proceedings against or in re- 
 spect of the acts of justices of the peace, in the following 
 order : — 
 
 1. Actions against Justices, p. 27. 
 
 2. Mandamus to Justices, p. 34. 
 
 3. Rule to Justices to do an Act, p. 38. 
 
 4. Writ of Certiorari, p. 39. 
 
 5. Sabeas Corpus, p. 42. 
 
 6. Criminal Information against Justices, p. 43. 
 
 7. Appeal against or reviewing the Judgment of Justices, 
 
 p. 44. 
 
 1. Actions against Justices. 
 The general rule of magisterial responsibility is this : if a When liable to 
 justice has jurisdiction over the subject-matter laid before him, an action, 
 and acts judicially, he is not liable to an action for any act done 
 within it, however erroneous the conclusion at which he arrives 
 may be. But in cases, in which either he has not jurisdiction, 
 or exceeds it, he will be liable in an action for damages to the 
 party aggrieved. So well established is the first proposition, 
 that in an action against a justice for trespass, either for false 
 imprisonment or seizing the plaintiff's goods by virtue of a 
 conviction, if at the time of the trial a conviction is produced 
 valid upon its face, it is conclusive evidence of the facts therein 
 
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28 
 
 Copy of con- 
 viction to be 
 given to de- 
 fendant. 
 
 Actions and other Proceedingn against Justices, [inthod. 
 
 stated, and no proof in denial is permitted to be adduced. 19 
 Provided, of course, that the conviction was not made mali- 
 ciously and without reasonable and probable cause, and pro- 
 vided also that the execution upon the conviction has been 
 regular, although the magistrate may have formed an erroneous 
 judgment upon the facts ; for that is properly the subject of 
 an appeal. 20 The conviction must also apply to and agree 
 with the cause or ofiFence stated in the warrant of commitment 
 (Paley, p. 393). 
 
 The liability of justices, however, in cases where they either 
 have no jurisdiction or exceed it, must not be taken in its limited 
 sense, but must be understood to include not only those cases 
 where there has been an absence of jurisdiction in fact over the 
 case, but also where some statutable or formal requisite has been 
 omitted, if such requisite be an essential ingredient. 21 
 
 It may here be mentioned that the defendant is entitled, upon 
 application, to a copy of the conviction from the convicting 
 magistrates, 22 though they are not bound by the copy they 
 have delivered ; but if it should be found that that conviction is 
 defective or informal, from misstating the name of the informer 
 or any other fact, without any fraud or intention to mislead, a 
 more correct one may be returned to the sessions, and the court 
 can only take notice of the latter. 23 Indeed, it is allowed that 
 the formal conviction may be drawn up at any time before the 
 return of the certiorari, although after a commitment (Massey 
 V. Johnson, 12 East, 82), — or after the penalty has been levied 
 by distress (i?. v. Barker, 1 East, 186), — or after action 
 brought against the magistrates {Lindsay v. Leigh, 11 Q. B. 
 455; Gray v. Cookson, 16 East, 13), — or, as it seems, after 
 the conviction has been returned to the sessions {Selwood t. 
 Mount, 1 Q. B. 729; 9 C. & P. 75; Chaney v. Payne, 1 
 Q. B. 723; 1 Ad. & Ell. (N. S.) 712; Paley, 4th edit. p. 
 247). 
 
 19 Paley, 4th ed. pp. 388, &c. ; Basten v. Carew, 3 B. & C. 649 ; S D. &R. 
 558 J Brittain v. Kinnaird, 1 Brod. & Bing. 432 ; 4 B. Moore, SO ; Mam V. 
 Davers, 3 B. & Aid. 105 ; Cave v. Mountain, 1 Man. & Gr. 257 ; Reg. v. Bol- 
 ton, I Q. B. 66 ; Tarry v. Newman, 15 M. & W. 653. 
 
 20 Fullers v. Potch, Holt, 287 ; Carth. 346 ; Paley, 4th ed. p. 388. 
 
 21 Lindsey v. Leigli, 17 L. J., M. C. 50; 3 New Sess. Cas. 99; Re Tor- 
 dift, 5 Q. B. 933 j Attmood v. Jolife, 3 New Sess. Cas. 116 : Saund. Pr. 189. 
 
 22 R- V. Midlam, 3 Burr. 1720. 
 
 23 R. V. Allen, 15 East, 333, 346; 12 East, 67; R. v. Barker, 1 East, 
 
 245 '247"' ^'°"°^' ■^^"" '^' ^ *^^°' * ^^*^^^' ^^'' ^^'^y-** ^^- PP-* 
 
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INTROD.] Actions against Justices. 29 
 
 The principal statute upon this subject now in force, in addi- 11 & 12 Vict 
 tion to the protective clauses usually inserted in acts extending "' 
 to the summary jurisdiction of justices, is one of Sir John 
 Jervis's Acts,— the 11 & 12 Vict. c. 44, intituled " An Act to 
 " protect Justices of the Peace from vexatious Actions for Acts 
 " done by them in Execution of their Office,"— which came into 
 operation on the"^ same day (2nd October, 1848) as the other 
 two of Jervis's Acts (Id. s. 16), and repeals all other statutes on 
 the subject. 24 It recites in its preamble, " that it is expedient 
 " to protect justices of the peace in the execution of their duty," 
 and we now proceed to give the provisions. 
 
 The general provisions of this act applicable to all acts of a General pro- 
 iustice, as to the formalities in actions, &c. &c., may be classed yisions as to 
 
 ••„,,' ' > J form of action, 
 
 as lOllOWS :— notice, &c. 
 
 By s. 8, " No action shall be brought against any justice of the Limitation of 
 peace/or any thing done hy him in the execution of his office, action, 
 unless the same be commenced within six calendar months next 
 after the act complained of shall have been committed." 25 
 
 By s. 9, " No such action shall be commenced against any such Notice of ac- 
 justice of the peace until one calendar month at least after a ^^°^- 
 notice in writing of such intended action shall have been de- 
 livered to him, or left for him at his usual place of abode, by 
 the party intending to commence such action, or by his attorney 
 or agent, — in which said notice the cause of action, and the 
 court in which the same is intended to be brought, shall be 
 clearly and explicitly stated;— and upon the hack thereof shall 
 be endorsed the name and place of abode of the party so in- 
 tending to sue, and also the name and place of abode or of 
 
 24 •^<^'' repealed.'] By sect. 17 the following statutes and parts of statutes 
 are repealed, viz., so much of 7 Jac. 1, c. 5, as relates to actions against 
 justices of the peace ; so much of 21 Jac. 1, c. 12, s. 5, as relates to such 
 actions ; so much of 24 Geo. 2, c. 44, ss. 1 and 2, and part of sect. 8, as re- 
 lates to such actions ; and the whole of 43 Geo. 3, c. 141 ; and all other act 
 or acts or parts of acts which are inconsistent with the provisions of this 
 act ; save and except so much of the said several acts as repeal any other 
 acts or parts of acts, and also except as to proceedings then pending, to 
 which the same or any of them may be applicable. By sect. 18, the act is 
 to apply to persons protected by the repealed statutes. 
 
 25 Note to Sth SectionJ] As to the meaning of the words " act complained 
 of," see Haylock v. Sparlce, 1 El. & Bl. 471 ; 21 Law J. (N. S.) M. C. 71 ; 
 Massey v. Johnson, and other cases, Paley, 4th edit. pp. 409, 410. As to the 
 computation of the six months, where the imprisonment in the case expired 
 on the 14th December, and the writ in the action was sued out on the 14th 
 June following, it was held that the former day was to be excluded, and that 
 the action was therefore brought in time {Hardy v. Ryk, 9 B. & C. 603 ; 4 
 Man. & Ry. 295 j Paley, 4th edit. p. 410). 
 
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30 
 
 Actions and other Proceedings against Justices, [introd. 
 
 11 & 12 Vict. 
 
 c. 44. 
 
 Tender, and 
 payment of 
 money into 
 court. 
 
 Tn what cases 
 nonsuit, or ver- 
 dict for de- 
 fendant. 
 
 business of the said attorney or agent, if such notice have been 
 served by such attorney or agent." 26 
 
 By s. 11, " In every such case after notice of action shall be so 
 given as aforesaid, and before such action shall be commenced, 
 such justice to whom such notice shall be given may tender to 
 the party complaining, or to his attorney or agent, such sum of 
 money as he may think fit, as amends for the injury complained 
 of in such notice ; — and after such action shall have been com- 
 menced, and at any time before issue joined thereon, such de- 
 fendant, if he have not made such tender, or in addition to such 
 tender, shall be at liberty to pay into court such sum of money 
 as he may think fit,— ^and which said tender and payment of 
 money into court, or either of them, may afterwards be given 
 in evidence by the defendant at the trial under the general issue 
 aforesaid ; — and if the jury at the trial shall be of opinion that 
 the plaintiff is not entitled to damages beyond the sum so ten- 
 dered or paid into court, or beyond the suras so tendered and 
 paid into court, then they shall give a verdict for the defendant, 
 — and the plaintiff shall not be at liberty to elect to be nonsuit, 
 and the' sum of money, if any, so paid into court, or so much 
 thereof as shall be sufiicient to pay or satisfy the defendant's 
 costs in that Jjehalf, shall thereupon be paid out of court to 
 him, and the residue, if any, shall be paid to" the plaintiff ;— or 
 if, where money is so paid into court in any such action, the 
 plaintiff shall elect to accept the same in satisfaction of his 
 damages in the said action, he may obtain from any judge of 
 the court in which such action shall be brought an order that 
 such money shall be paid out of court to him, and that the 
 defendant shall pay him his costs to be taxed, and thereupon 
 the said action shall be determined, and such order shall be a 
 bar to any other action for the same cause." (See Paley, 4th 
 ed., pp. 411, 412.) 
 
 By s. 13, " If at the trial of any such action the plaintiff shall 
 not prove that such action was brought within the time herein- 
 before limited in that behalf, — or that such notice as aforesaid 
 was given one calendar month before such action was com- 
 menced, — or if he shall not prove the cause of action stated in 
 such notice, — or if he shall not prove that such cause of action 
 
 26 Note to 9th Section.'] In the computation likewise of the month's 
 notice of action under this section, the day of giving the notice and the day 
 of suing out the writ are both excluded ( Young v. Higgim, 6 M. & W. 49, 
 ^i Paley, 4th edit. pp. 45, 411). As to the sufficiency of the notice, see 
 Haylock v. Sparke, supra; Kirby v. Simpson, 23 Law J. (N. S.) M. C. 165i 
 T^f°''J\ ^^'Md, 3 El. & Bl. 724; 23 Law J. (N. S.) M. C. 169: 19 J. P. 
 663; Paley, 4th edit. pp. 411, 417, 420. 
 
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tNTROD.] Actions against Justices, 31 
 
 arose in the county or place laid as venue in the margin of the 11 & 12 Vict, 
 declai-ation, — or (when such plaintiff shall sue in the county "' 
 
 court) within the district for which such court is holden, — then 
 and in every such case such plaintiff shall be nonsuit, or the 
 jury shall give a verdict for the defendant." 
 By s. 10, " In every such action the venue shall be laid in the 
 county where the act complained of was committed, or in 
 actions in the county court the action must be brought in the 
 court within the district of which the act complained of was 
 committed j^-and the defendant shall be allowed to plead the Defendant 
 general issue therein, and to give any special matter of defence, ™*y pl^ad the 
 excuse or justification in evidence under such plea, at the trial |„y special ' 
 of such action : — Provided always, that no action shall be matter, &c. in 
 brought in any such county court against a justice of the peace evidence, 
 for any thing done by him in the execution of his office if such 
 justice shall object thereto ; — and if within six days after being 
 served with a summons in any such action such justice, or his 
 attorney or agent, shall give a written notice to the plaintiff in 
 such action that he objects to being sued in such county court 
 for such cause of action, all proceedings afterwards had in such 
 county court in any such action shall be null and void." 27 
 By s. 13, " In all cases where the plaintiff in any such action Damages, 
 shall be entitled to recover, and he shall prove the levying or 
 payment of any penalty or sum of money under any conviction 
 or order as parcel of the damages he seeks to recover, — or if he 
 prove that he was imprisoned under such conviction or order, 
 and shall seek to recover damages for any such imprisonment, 
 — he shall not be entitled to recover the amount of such penalty 
 or sum so levied or paid, or any sum beyond the sum of two- 
 pence as damages for such imprisonment, or any costs of suit 
 whatsoever, if it shall be proved that he was actually guilty of 
 the offence of which he was so convicted, or that he was liable 
 by law to pay the sum he was so ordered to pay, and (with 
 respect to such imprisonment) that he had undergone no greater 
 punishment than that assigned by law for the offence of which 
 he was so convicted, or for nonpayment of the sum he was so 
 ordered to pay." (See Paley, 4th ed., pp. 422—434.) 
 By s. 14, " If the plaintiff in any such action shall recover a Costs, 
 verdict, or the defendant shall allow judgment to pass against 
 him by default, such plaintiff shall be entitled to costs in such 
 manner as if this act had not been passed ;— or if in such case it 
 
 g7 Note to Section 10.] See Paley, 4th edit. pp. 408, 420. The form of 
 notice by a justice, under this section, objecting to be sued in the County 
 Court, is given in Oke's " Magisterial Formulist," 2nd edit. p. 555. The 
 plaint in the County Court cannot after this notice be removed by certiorari 
 ( Western v. Sneyd, 21 J. P. 198). 
 
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32 
 
 Actions and other Proceedings against Justices, [intbod. 
 
 11 & 12 Vict. 
 
 c. 44. 
 
 For an act by 
 a justice of 
 peace within 
 hisjurisdiction. 
 
 For an act 
 done by him 
 without juris- 
 diction, or ex- 
 ceeding his 
 jurisdiction. 
 
 be stated in the declaration, or in the summons and particulars 
 in the county court if he sue in that court, that the act com- 
 plained of was done maliciously and without reasonable and 
 probable cause, the plaintiff, if he recover a verdict for any 
 damages, or if the defendant allow judgment to pass against 
 him by default, shall be entitled to his full costs of suit, to be 
 taxed as between attorney and client ; —and in every action 
 against a justice of the peace for any thing done by him in the 
 execution of his office the defendant, if he obtain judgment upon 
 verdict or otherwise, shall in all cases be enHtled to his full costs 
 in that behalf, to be taxed as between attorney and client." 
 
 The particular provisions of the statute 11 & 12 Vict. c. 44, 
 which, in addition to the general provisions above set forth, are 
 applicable more immediately to the acts of justices in matters 
 within their cognizance, are as follows :— 
 
 By s. 1, "Every action hereafter to be brought against any 
 justice of the peace for any act done by him in the execution 
 of his duty as such justice, with respect to any matter within his 
 jurisdiction as such justice, shall be an action on the case as for 
 a tort;— and in the declaration it shall be expressly alleged that 
 such act was done maliciously, and without reasonable and 
 probable cause ; — and if at the trial of any such action, upon 
 the general issue being pleaded, ^he plaintiff shall fail to prove 
 such allegation, he shall be nonsuit, or a verdict shall be given 
 for the defendant." 
 
 By s. 2, " For any act done by a justice of the peace in a matter 
 of which by law he has not Jurisdiction, — or in which he shall 
 have exceeded his jurisdiction, 28 — any person injured thereby, 
 
 28 ^ote on \st and 2nd Sections.'] Vide ante, p. 25, for the general ingre- 
 dients to give jurisdiction. In the case of Leary v. Patrick and another (19 
 Law J., M. C. 211 ; 15 Q. B. 206 ; 2 Magis. 95 ; 14 J. P. 334), a plaintiff 
 had been convicted, before this act came into operation, under 6 & 7 Vict 
 c. 68, s. 2, of keeping an unlicensed theatre, — the conviction was silent as 
 to costs ; but the distress warrant issued thereon recited a conviction, not 
 only for the penalty, but for 12s. costs, and directed both to be levied. Im- 
 mediately after the conviction the plaintiff was ordered into custody, and 
 detained twenty-four hours ; Held, that in issuing the warrant of distress for 
 costs the magistrates exceeded their jurisdiction, and that therefore the plam- 
 tiff was entitled to maintain trespass for the seizing of the goods. Held, 
 also, that he was entitled to maintain trespass for the imprisonment, as the 
 5 Geo. 4, t. 18, s. 1 (now repealed), could not justify a detention until the 
 return of a b^d warrant; and that the justices acted altogether without 
 jurisdiction in verbally ordering the plaintiff into custody for an indefinite 
 time. In a more recent case {Barton v. Bricknell, 20 Law J., M. C. li 16 
 L. T. 212 ; 14 J. P. 734 ; 15 J. P. 82), it was held that the 1st and 2nd sec- 
 tions of the 11 & 12 Vict c. 44, must be read together, and that s. 2 applies 
 only to those cases where the act, in respect of which the action is brongM 
 against the justice, is in itself an excess of jurisdiction ; therefore, where a 
 justice convicted the plaintiff in a penalty and costs, and adjudged that they 
 
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INTROD.] Actions against Justices. 33 
 
 or by any act done under any conviction or order made or 11 & 12 Vict, 
 warrant issued by such justice in any such matter, may main- "■ ^^- 
 
 tain an action against such justice in the same form and in the 
 same case as he might have done before the passing of this act, 
 without making any allegation in his declaration that the act 
 complained of was done maliciously, and without reasonable 
 and probable cause : 
 " Provided nevertheless, that no such action shall be brought No action to be 
 
 for any tbinE: done under such conviction or order until after °l°"S "^ ' 
 
 ^ " after convic- 
 
 such conviction 29 shall have been quashed, either upon appeal tion or order 
 
 or upon application to her majesty's Court of Queen's Bench ; quashed, &c. 
 
 " Nor shall any such action be brought for any thing done under 
 any such warrant which shall have been issued by such justice 
 to procure the appearance of such party, and which shall have 
 been followed by a conviction or order in the same matter, 
 until after such conviction or order shall have been so quashed 
 as aforesaid ; 
 
 " Or if such last-mentioned warrant shall not have been fol- 
 lowed by any such conviction or order, or if it be a warrant 
 upon an information for an alleged indictable offence, neverthe- 
 less if a summons were issued previously to sueh warrant, and 
 such summons were served upon such person, either personally 
 or by leaving the same for him with some person at his last or 
 most usual place of abode, and he did not appear according to 
 the exigency of such summons, in such case no such action shall 
 be maintained against such justice for any thing done under 
 such warrant." 
 
 By s. 3, " where a conviction or order shall be made by one or If one justice 
 
 more justice or justices of the peace, and a warrant of distress ^^onvict, and 
 
 or of commitment shall be granted thereon by some other ^ warrant upon 
 
 justice of the peace bona fide and without collusion, no action it, the action 
 
 shall be brought against the iustice who so granted such J""^' {"^ 
 11, / J e /■ 1. ■ *• A brought 
 
 warrant by reason of any defect m such conviction or order, or against the 
 
 for any want of jurisdiction in the justice or justices who made former for any 
 
 the same, — but the action (if any) shall be brought against the defect. 
 
 should be levied by distress and sale, but exceeded his jurisdiction in order- 
 ing the plaintiff in default of payment to be set in the stocks, which however 
 was never done, but the penalty was levied, — it was held, that an action of 
 trespass for seizing the goods was not within section 2, and was not main- 
 tainable by reason of section 1. Vide also Ratt v. Parkinson, 20 Law J. 
 (N. S.) M. C. 208 ; Newbould v. Coltman, 20 Law J. (N. S.) M. C. 149 ; 15 
 J. P. 356; 16 L. T. 448, Exch.; 6 Exch. 189; Haylock v. Sparke, 17 J. P. 
 262; 22 Law J. (N. S.) M. C. 72 ; 20 L. T. 276, Q. B. ; 1 El. & Bl. 471 s 
 Kendall v. Wilkinson, 24 Law J. (N. S.) M. C. 89 ; 4 El. & Bl. 680 ; Bessell 
 V. mison, 22 Law J. (N. S.) M. C. 94; 1 EI. & Bl. 489. 
 
 29 The words "or order" must be here read to give effect to the real 
 meaning of the section {Ratt v. Parkinson, 20 Law J. (N. S.) M. C. 210). 
 
 O.S. D 
 
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34 
 
 Actions and other Proceedings againit Justices, [introd. 
 
 H & 12 Vict. 
 
 0. 44. 
 
 No action for 
 issuing a dis- 
 tress warrant 
 for poor rate 
 by reason of 
 any defect, &c. 
 
 No action 
 against justices 
 for the manner 
 in which they 
 exercise a dis- 
 cretionary 
 power. 
 
 Justices re- 
 fusing to do an 
 act 
 
 After convic- 
 tion, &c. con- 
 firmed on ap- 
 peal, no action 
 for any thing 
 done upon it. 
 
 If an action be 
 brought where 
 by this act it is 
 prohibited, a 
 judge may set 
 aside the pro- 
 ceedings. 
 
 justice or justices who made such conviction or orda" (see 
 Paley, 4th ed. pp. 394, 402). 
 
 By s. 4, " where any poor rate shall be made, allowed, and pub- 
 lished, and a warrant of distress shall issue against any person 
 named and rated therein, no action shall be brought against the 
 justice or justices who shall have granted such warrant by 
 reason of any irregularity or defect in the said rate, or by 
 reason of such person nofcbeing liable to be rated therein ;'30 
 
 and that in all cases where a discretionary power shall be given to 
 a justice of the peace by any actor acts of parliament, no action 
 shall be brought against such justice for or by reason of the 
 manner in which he shall have exercised his discretion in the 
 execution of any such power" (see Bassett v. GodschaU, 3 
 Wils. 121). 
 
 By s. 5, if justices refiise to do an act, the Court of Queen's 
 Bench can compel them by rule (vide the enactment treated of 
 separately, post, p. 38). 
 
 By s. 6, " in all cases where a warrant of distress or warrant of 
 commitment shall be granted by a justice of the peace upon 
 any conviction or order which, either before or after the grant- 
 ing of such wairant, shall have been or shall be confiraied 
 upon appeal, no action shall be brought against such justice 
 who so granted such warrant for anything which may have 
 been done under the same by reason of any defect in such con- 
 viction or order." 
 
 By s. 7, " in all cases where by this act it is enacted that no 
 action shall be brought under particular circumstances, if any 
 such action shall be brought it shall be lawful for a jad^e of 
 the court in which the same shall be brought, upon application 
 of the defendant, and upon an affidavit of facts, to set aside the 
 proceedings in such action, with or without costs, as to him 
 shall seem meet." 
 
 When it will 
 issue. 
 
 2. Mandamus to Justices. 
 Whenever a duty is cast upon a justice, the law requires that 
 he shall promptly fulfil it ; and if, being properly requested to 
 perform any act within the scope of his authority as a justice, 
 he, without any sufficient reason, declines to do so, the Court of 
 Queen's Bench, on application for the purpose, will interpose to 
 compel him to do his duty. The means which the Court above 
 
 30 It was different before this statute (Paley, 4th edit. p. 405); but this 
 section will not protect the justice where the land is not in the parish (F 
 Erie, J., Reg. v. Justices of Great Yarmouth, 14 J. P. 769). 
 
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INTROD.] Mandamus to Justices. 35 
 
 uses for this purpose, is that of a writ of mandamus, -which has When it will 
 been well described as " a high prerogative writ issuing from '^^"^" 
 " the Court of Queen's Bench, directed to the judges of inferior 
 " courts of judicature, corporations, public bodies and others, 
 " upon whom the law casts a public duty, alleging that complaint 
 " had been made of their refusal to perform that duty upon some 
 " particular occasion, and commanding them, in the queen's name, 
 " to do it, or that they show cause to the contrary thereof, lest in 
 " their default the same complaint shall be repeated" (Saundi 
 Pr. 175). The mandamus would apply to every class of duties 
 coming within the scope of the justices' functions. 31 If, there- 
 fore, a matter is properly brought under the attention of justices, 
 they have no right to decline to interfere, but are bound to enter 
 into the subject, and to the best of their judgments adjudicate 
 upon it. Care, however, must be taken to distinguish between 
 those cases in which they have declined to enter upon the in- 
 quiry, in consequence of a mistaken view of the law as to some 
 preliminary point, and those in which, having entered upon the 
 inquiry, they have actually arrived at a decision, however erro- 
 neous it may be. In the former instance, in which they are said 
 to decline jurisdiction, the Court will compel them to proceed ; 
 in the latter, the Court will not interfere, except upon a case 
 reserved. 32 In order to constitute such a declining of juris- 
 diction as will warrant the intervention of the Court, the wrong 
 conclusion to which the magistrates have come in respect of the 
 preliminary matter must be one of law, not of fact. 33 
 
 But to render a justice subject to the compulsion of the writ When it will 
 
 not issue. 
 
 31 It has been issued in the following cases, for instance : to swear over- 
 seers of the poor to their accounts ; to summon a person for not paying 
 poor rates ; to examine the mother of a bastard, and grant a summons 
 against the putative father; to appoint overseers of the poor; to allow 
 a poor rate ; to decide upon a charge of vagrancy ; to grant to overseers 
 a warrant of distress against a former overseer, to levy the amount of certain 
 items disallowed in his accounts by the justices at sessions; for the balance 
 of overseers' accounts where there. had been an appeal against them (see 
 2 Arch. J. P. 5th ed. p. 831); to receive an information on complaint (i2. v. 
 Neuitm, 1 Stra. 413 ; R. v. Tod, Id. 530 ; R. v. Benn, 6 T. R. 198) ; to issue 
 a summons (B. v. Benn, Id.) ; to issue a distress warrant for costs upon 
 a conviction (R. v. Justices of Hants, 1 B. & Ad. 654 ; see Ex parte Robert 
 Thomas, 16 Law J. (N. S.), M. C. 57) ; to hear a complaint when they 
 have declined jurisdiction {Eie parte Mackviorth, 21 J. P. 756). 
 
 32 See however, now, the 20 & 21 Vict. c. 43, under which a superior 
 court can review the judgment of justices out of sessions, if erroneous on 
 a question of law, sect. 8 of Chapter I. of Part I., " Of Appeal, 8;c." 
 
 33 Per Patteson, J., in R. v. Recorder of Liverpool, 20 Law J. (N. S.), M. C. 
 35 ; R. V. Pratt, 7 A. & E. 27 ; Paley, 4th ed. pp. 63, 66, and cases cited, 
 66, n. ; R. v. Brown, 26 Law J. (N. S.), M. C. 183 j 22 J. P. 54 ; 29 L. T., 
 Q. B. 160. 
 
 d2 
 
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36 Actions and other Proceedings against Justices, [inthod; 
 
 When a man- mandamus, it must be dearly shown that the parties requlring^ 
 damus will not j^jj^ ^^ ^^j -^^^ ^^^g g^jj ^j}^^-^ jg necessary to give the justice 
 
 power to do it; since, to warrant this writ in issuing, it must 
 clearly appear that the justice not only had jurisdictioH, but that 
 there was no reasonable ground for his declining to act. If 
 there be any well-founded doubt as to whether or not in the 
 particular case the justice ha^ power to entertain the question, 
 or if, from defect in the proceeding, he cannot further proceed 
 without incurring personal risk, the Court will not interfere 
 (Saund. Pr. 176; Paley, 4th edit. 56, 57)34; but no respon- 
 sibility is now incurred by them for anything done in obedience 
 to a peremptory writ of mandamus (6 & 7 Vict. c. 67, s. 3), or 
 a rule in the nature of a mandamus under the 11 & 12 Vict. 
 e. 44, s. 5 (noticed p. 38)^ Nor will the Court interfere with 
 the determination of justices when it has been come to in the 
 exercise of a discretion vested in them, however opposed that 
 determination may be to the view the Court above would have 
 taken if the matter had originally come before them for their 
 consideration, the superior Court not sitting as a Court of Ap, 
 peal to review the decisions of justices, but as a tribunal only to 
 see that inferior bodies perform the functions with which they 
 are invested. If the justices have power to decide in any given 
 case, and they do decide, the Court above cannot interfere with 
 that decision, notwithstanding it may be unwarranted by the 
 fects, or opposed to good sense. The general rules upon this 
 point are well explained in the case of Reg. v. Bolton (1 Q. B. 
 66), where all the cases upon the subject are reviewed, and 
 from which it is to be gathered, that when a conviction or order 
 of justices is returned into the Queen's Bench, and the proceed- 
 ings are regular in form and in practice, and the case is one 
 over which the justices had jurisdiction, the Court will not hear 
 
 34 The Court have refused to grant a mandamus in these cases: to hear 
 and determine upon an application wh'ere they cannot legally make the 
 order, &c. ; to produce depositions on a charge of felony for the purpose of 
 founding an indictment ; to furnish copies of depositions in a charge of 
 felony, the prisoner \sang remanded (2 Arch. J. P. 832—83*, 5th ed.j 
 Paley, 4th ed. 255, 256) ; to issue a distress warrant for a rate, when the 
 justice entertains a reasonable doubt as to the validity of the rate (Paley, 
 4th ed., p. 75 n. ; see also R. v. Dunn, 26 Law J. (N. S.), M. C. 74; 21 J.P. 
 565; iJ. V. Parker, 26 Law J. (N. S.), M. C. 199; 21J. P. 549; Beg. V. 
 Justices of Kingston-upon- Thames, 22 J. P. 36); to issue a warrant of com- 
 imttnent where it was doubtful if the convicting justices had the power 
 (Paley, p. 294) ; nor to hear a complaint and proceed summarily under the 
 statute relatmg to forcible entry and detainer, the remedy by indictment 
 being still open (Id., p. 65 n.) ' ' 
 
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iNTROD.] Mandamus to Justices. 37 
 
 affida¥its impeaching the justices' decision on the facts, nor, if 
 they return the evidence, will it review their judgment there- 
 upon, for that the test of jurisdiction is whether or not the jus- 
 tices have power to enter upoa the inquiry, and not whether or 
 not their conclusions in the course of it are true or false (Saund. 
 Pr. 177, 178). 
 
 The proceedings, in order to obtain a writ of mandamus to The proceed- 
 compel justices to do a certain act, are briefly these:— The. party j"^ to obtain 
 complaining causes an application to be made upon affidavit 
 (stating all the necessary facts) to the Court of Queen's Bench, 
 which, if a probable case be made out, grants a rule, calling 
 upon the justices and the party on the other side to show cause 
 why a writ of mandamus should not issue, commanding the 
 justices to do the act required. If the application is granted, a 
 rule issues from the Crown Office accordingly, copies of which 
 are served upon the justices and other parties who are called 
 upon by the rule to show cause (Id. 179). 
 
 As regards showing cause against the rule by the justices. Showing cause 
 this will depend upon circumstances. It may be open to con- ^ ^"^ "'^*' 
 sideration whether or not the duty of showing cause will not 
 properly be left to the party in whose favour the justices have 
 acted, the justices contenting themselves with watching the 
 proceedings ; yet, if they determine upon themselves opposing 
 the rule, they will properly instruct their clerk to take all the 
 necessary steps for the purpose. The rule, on coming on for 
 argument, is either made absolute or discharged ; and, if the 
 latter, with or without costs, at the discretion of the Court. If 
 made absolute, the writ of mandamus issues out of the Crown 
 Office, in which case the justices will either obey it by per- 
 forming the act they are called upon to perform, or they will 
 make a return, setting forth the reasons why they have not 
 obeyed it. In many cases of doubt and difficulty, the Court 
 will direct the writ to issue, in order that a return may, in fact, 
 be made, the better to deliberate upon the facts and law, and in 
 order that the parties interested may have an opportunity of 
 questioning their decisions upon a writ of error. Upon appli- 
 cation also for that purpose, where the justices are indisposed to 
 make a return, the Court will permit third parties to make a 
 return to the mandamus, if they can show that they have aa 
 interest in the question involved. 
 
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Actions and other Proceedings against Justices, [introd. 
 
 Kule substi- 
 tuted for a 
 mandamus in 
 certain cases. 
 
 3. Sule to Justices to do an Act. 
 In order to facilitate justice and make the performance of the 
 duties of justices more easy and the better protected, the statute 
 11 & 12 Vict, C.4A, before noticed in treating of actions against 
 justices, contains the following useful provision, which may be 
 termed a substitution for the mandamus in such simple ques- 
 tions as can be conveniently argued and disposed of upon a rule, 
 the more important questions being still the proper subject of 
 an application for a writ of mandamus : — 
 
 Sect. 6 enacts, " that, in all cases where a justice of the peace 
 shall refuse to do any act relating to the duties of his office as 
 such justice, it shall be lawful for the party requiring such act 
 to be done to apply to her majesty's Court of Queen's Bench, 
 upon an affidavit of the facts, for a rule calling upon such jus- 
 tice, and also the party to be affected by sudi act, to show 
 cause why such act should not be done^ — and if after due 
 service of such rule good cause shall not be shown against it, 
 the said Court may make the same absolute, with or without,, 
 or upon payment of costs, as to them shall seem meet ; — and 
 the said justice, upon being served with such rule absolute, 
 shall obey the same, and shall do the act required ;— and no 
 action or proceeding whatsoever shall be commenced or prose- 
 cuted against such justice for having obeyed such rule, and 
 done such act so thereby required as aforesaid." 35 
 
 By the 20 & 21 Vict. c. 43, s. 5 (noticed in sect. 8 of 
 Chap. I. of Part I., « Of Appeal, &c."), the Court of Queen's 
 Bench may grant a rule calling upon justices to state a case 
 where their determination is erroneous in point of law. 
 
 35 The remedy given by this section is not intended simply for the 
 benefit of justices, or confined to cases in which their jurisdiction is doubtful; 
 but it extends to all cases in which they refuse to do an act relating to the 
 duties of their office (iJ. v. Aston, 1 L., M. & P. 491). It does not apply 
 where a mandamus formerly would not have been granted (jB. v. Justices 4 
 Bristol, 18 Jur. 426 n.); nor where the justices have acted and done what 
 they believed to be their duty {In re Clee and Osborne, 21 L. J.(N.S.)i M.C, 
 H2). Erk, J., said, on refusing the rule in that case, " that the statute was 
 introduced to enable justices to do an act without the peril of an action being 
 brought against them for doing it, and not to oblige them to rectify what 
 they had already done." Rules have been refused in the following casesi 
 R. V. Collins, Id. 73 j 16 Jur. 422, 5. C. ; R. v. Reynolds, 15 J. P. 783 ; R- »• 
 Ingham, 19 L. J. (N. S.), M. C. 69 ; R. v. Pai/nter, 28 Law T. 303, Q. B.; 
 3 Jur. (N. S.) 511 J 26 L. J. (N. S.), M. C. i02 ; R. v. Dayman, 26 L. J. 
 (N. S.), M. C. 128 ; 22 J. P. 89 ; 29 Law T. 125, Q. B. ; Reg. v. Justices of 
 Kingston-upon- Thames, 22 J. P. 36 ; see Glen's ed. of Jervis's Acts, pp. 162. 
 163. 
 
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INTBOD.] Writ of Certiorari. 39 
 
 4. Writ of Certiorari. 
 The Court of Queen's Bench, being invested with a general When it will 
 superintending power over all courts of inferior jurisdiction, and '^^"^" 
 an exclusive superintendence over inferior criminal tribunals, is 
 wont to exercise that jurisdiction where its interference is requi- 
 site to curb the proceedings of such courts through the means 
 of its writ of certiorari, which is defined to be an original writ 
 directed in the queen's name to the judge or officers of inferior 
 courts, or to justices at sessions or out of sessions, commanding 
 them' to certify or return the records or proceedings in a, judi- 
 cial matter pending before them, to the end that such further 
 may be done thereon as of right and according to the law and 
 custom of Ilngland may seem fit to be done (Saund. Pr. 181 ; 
 Paley, 4th edit. p. 350). It requires no special law to authorize 
 this writ ; for it is a consequence of all inferior jurisdictions of 
 record to have their proceedings removable, for the purpose of 
 being examined by the Court of Queen's Bench. In this re- 
 spect the proceeding by certiorari differs from the right of 
 appeal; for whereas the latter does not exist, unless created by 
 express provision, — the other lies of course, unless expressly 
 taken away by statute (see Paley for the cases when it is taken 
 away, 350—358). Even in these cases, where there is want or 
 excess of jurisdiction, which may be shown by affidavit, although 
 the conviction may be good ex facie, or where the Court has 
 been illegally constituted, or the conviction has been obtained 
 by fraud, the certiorari will issue, as well will it, as a matter 
 of course, where the application is made by the Crown (Paley, 
 357, 358, 376). It is not required for the removal of any con- 
 viction, order, &c. in which a case is stated under the 20 & 21 
 Vict. c. 43 (see s. 10 of that act). 
 
 The writ of certiorari is the ordinary mode of festing the Purpose of the 
 legality of the proceedings of justices where these proceedings ™''' 
 have assumed the shape of a conviction or order. Its proper 
 purpose (as far as it concerns the subject of this work) is that 
 of getting a conviction or order of justices removed into the 
 Court of Queen's Bench, to the end that it may be quashed for 
 some defect apparent upon its face, and that the Court may 
 ascertain whether or not the justices had jurisdiction to do the 
 act complained of. If it appear upon the face of the conviction 
 or order that the justices had in fact jurisdiction, the Court will 
 not inquire into the question as to whether or not they came to 
 
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40 
 
 When to be 
 moved for. 
 
 Notice of 
 motion. 
 
 Application for 
 the writ. 
 
 Actions and other Proceedings against Justices, [inthod. 
 
 a sound conclusion, such Court not being a Court of Appeal in 
 those cases, but merely a tribunal to keep inferior Courts within 
 the limits of their proper functions. If, therefore, the conviction 
 or order be good upon its face, no allegation can be received 
 impeaching the correctness of its statements, nor can any ex- 
 trinsic evidence be adduced to contradict or explain its obvious 
 meaning, there being but one purpose for which such evidence 
 can be adduced, namely, to show by affidavits that the case was 
 not one over which the justices had any jurisdiction, and that 
 their entering upon it in the first instance was wholly unwar- 
 ranted and illegal. 36 
 
 By the 13 Geo. 2, c. 18, s. 5, the certiorari must be moved 
 for within six calendar months after the conviction or order shall 
 have been made, which period runs from the time when the 
 conviction or order becomes operative, though more than six 
 months may have elapsed since the actual making of such con- 
 viction or order, as where it has been the subject of an appeal, 
 in which case the time would commence running from its deter- 
 mination (Paley, 4th ed. p. 363). By the same section it is 
 provided that no certiorari is to be granted " unless it be duly 
 " proved upon oath that the party or parties suing for the same 
 " hath or have given six days notice thereof in writing to the 
 "justice or justices, or to two of them (if so many there be), by 
 " and before whom such conviction, judgment or order, or other 
 " proceeding, shall be so had or made," &c. 
 
 The applicant being prepared with all necessary materials, 
 causes a motion to be made to the court for a rule calling upon 
 the justices to show cause why a certiorari should not issue 
 requiring them to return the conviction or order complained 
 of. If sufficient grounds are presented to the court the rule 
 will be granted. This will be a rule nisi, and upon its return 
 the justices will be at liberty to show cause. If the court deem 
 the objection well founded it orders the rule to be made absolute 
 for the writ to go. If, however, cause is sufficiently shown, 
 the court discharges the rule with costs. It is not uncommon 
 for the court, upon the application of the party seeking the rule, 
 to grant the certiorari in the first instance, upon which, without 
 argument, the conviction or order is returned, and, by due 
 process, the case is placed in the crown paper for argument, 
 
 36 Brilfain v. Kinnaird, 1 Bos. & P. 432 ; Cave t. Mountain, 1 Man. & Gr. 
 257 ; Reg. v. Bolton, 1 Q. B. 66 ; Paley, 4th ed., p. 376 i Saund. Pr. 182. 
 
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INTROD.J Writ of Certiorari. 4l 
 
 ■when, in its turn, it comes on for determination, and in that way 
 receives the judgment of the Court. This, indeed, would seem 
 now to be the most usual course pursued, since it avoids the 
 delay and uncertainty of showing cause against the rule. If 
 the application be made during vacation it is made to a judge 
 at chambers, who, instead of granting a rule, directs his fiat to 
 issue for the certiorari (Saund. Pr. 183). 
 
 Before the writ of certiorari can issue, the party applying Recognizance, 
 for it must, under the 5 Geo. 2, c. 19, s. 1, enter into a recog- 
 nizance with two sufficient sureties in 501. each before a jus- 
 tice, &c. to prosecute the writ and pay costs if the judgment or 
 order be confirmed (Paley, 4th ed. pp. 365, 368). 
 
 The same views and considerations which will operate (as Showing 
 before mentioned, ante, p. 37) in showing cause against an <'^"^^- 
 application for a mandamus will apply to the case of a motion 
 for a writ of certiorari, with this additional one, that by sus- 
 taining their conviction or order they thereby protect themselves 
 from the consequences of an action of trespass or false imprison- 
 ment, which might with success be sustained against the^i 
 if their conviction or order were quashed, and they had before 
 carried it out by distress or imprisonment (Saund. Pr. 184). 
 
 Supposing the certiorari to have issued, say, to remove a Returning con- 
 conviction, it will in due course, together with the recognizance viction or 
 attached, be delivered to the justices whose conviction it purports 
 to remove. The justices then, or one of them, to whom the 
 writ is directed will append to it the conviction or order men- 
 tioned, [but not any of the examinations or other proceedings, 
 Paley, 4th ed. p. 372] ; or if they have retiirned the conviction 
 or order to the sessions, a copy of it, stating the fact of such 
 return to the sessions. The documents will at the proper time 
 be returned into the crown office (Id. p. 184). 
 
 It will be observed, ante, p. 28, that the conviction actually Amending 
 returned need not be in the same form as that originally drawn conviction or 
 up and given to the defendant. As to the power of the Court 
 to amend convictions and orders, see 12 & 13 Vict. c. 45, s. 7. 
 
 Should the certiorari have issued irregularly, as from a non- Certiorari 
 compliance with necessary previous requisites, the Court will, jssued irregu-, 
 upon application, quash it (Saund. 185 ; Paley, p. 374). 
 . If the judgment of the Court be in favour of the conviction or Procedendo, 
 order, it will, on motion made for the purpose, be sent back by 
 a writ of procedendo to the justices from whom it came, in 
 
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42 
 
 Actions and other Proceedings against Justices. [Introd. 
 
 order that it may be, by them, duly carried into execution 
 (Paley, 4th ed. p. 383). 
 
 How obtained. 
 
 Service of the 
 writ. 
 
 5. Sabeas Corpus. 
 
 In the event of the defendant being in actual custody upon a 
 warrant from a justice upon a conviction or order, and being 
 desirous to question its validity, he wiU apply to one of the 
 superior courts, usually the Court of Queen's Bench, on his 
 own affidavit, for a writ of habeas corpus, which, if sufficient 
 ground be shown to lead the Court to believe that the impri- 
 sonment is illegal, will at once be granted. The rule for the 
 writ is, according to the regular practice, absolute in the first 
 instance, the discussion as to the legality of the imprisonment 
 taking place upon the return of the writ. A custom, however, 
 has lately prevailed of obtaining only, in the first instance, a 
 rule to show cause why the writ should not issue, which enables 
 the validity of the commitment to be discussed on showing 
 cause against such rule, and without putting the parties to the 
 expense and inconvenience of issuing the writ and bringing the 
 defendant into Court upon its return ; since, should the rule be 
 made absolute, the defendant, without further proceedings, 
 obtains his discharge, and if the rule be discharged the defendant 
 remains in custody. In either case the justices have notice 
 served upon them of the application, and on the day of the 
 return of the writ, or showing cause against the rule, should be 
 prepared to support their commitment, since to themselves per- 
 sonally it will be of the highest consequence that the proceedings 
 should not be reversed, an action for damages being the pro- 
 bable result of a successful application for a writ of habeas 
 corpus (Saund. Pr. 186, 187 ; see further, Paley, 4th ed., 
 pp. 337—349). 
 
 The writ itself is served upon the gaoler in whose custody 
 the defendant happens to be, notice of its having issued, and 
 when the return will be made, being given to the committing 
 justices and the prosecutor : upon this the clerk to the justices 
 will put himself in communication with the gaoler and the pro- 
 secutor, with the view to arranging as to showing cause, and 
 such clerk it will usually be who will prepare the return for the 
 gaoler and see to the case being properly met in court. 37 
 
 37 Saund. Pr.l87; see Paley, 4th ed. SiO; ExparteBalcer,26L.}.{'f!-S-), 
 M.C. 155; 21 J. P. 486; Ex parte Crois, 26 L. J. (N. S.), M. C. 201. 
 
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INTROD.] Criminal Information against Justices. 43 
 
 6. Criminal Information against Justices. 
 There are two descriptions of criminal proceeding which may 
 be put in force against justices, namely, indictment and criminal 
 information. The former of these was entirely disused, and 
 had given place to the more satisfactory and efficient process 
 of a criminal information, until the recent case of Meg. v. Bel- 
 lany, a justice of the county of Durham, tried at the Durham 
 Assizes, July, 1857 (21 J. P. 514). 38 We shall discuss here 
 the criminal information alone. 
 
 If the misconduct of magistrates, besides being productive When granted, 
 of private injury, be such as to call for punishment upon public 
 grounds, — as where it proceeds not from error, but from private 
 interest or resentment, or from a partial, malicious or corrupt 
 motive, — the Court of Queen's Bench will direct an information 
 to be filed by the o£5cer of the court against the ofiender, upon 
 a proper application supported by affidavits (Paley, 4th ed., 
 p. 424; Saund. Pr. p. 201). The grounds upon which the 
 Court may think it proper to interfere are too indefinite to admit 
 of any fixed rule ; but, in general, it may be stated, that whenever 
 the powers vested in justices for the summary execution of penal 
 laws are exerted from corrupt or personal motives this mode 
 of punishment will be extended (Paley, p. 425; 2 Arch. J. P. 
 5th ed. p. 714). The principle upon which it is either granted or 
 refused will be best illustrated by the dicta of difierent judges 
 upon applications for this species of process (Saund. Pr. 202 — 
 204). In B. V. Cozens (2 Doug. 426), we find Lord Mans- 
 field thus observing : — " No justice of the peace ought to suffer 
 " for ignorance where the heart is right ; on the other hand, 
 " where magistrates act from undue, corrupt or indirect motives, 
 " they are always punished by this Court." So, too, the same 
 learned judge remarks in M. v. Young and Pitts (1 Burr. 556), 
 which was a motion for a criminal information against justices 
 for arbitrarily, obstinately and unreasonably refusing to grant 
 an alehouse licence, — " That this Court has no power or claim 
 " to review the reasons of justices of the peace upon which they 
 " form their judgments in granting licences, by way of appeal 
 "from their judgments or overruling the discretion intrusted to 
 
 38 I" 'his case the jury found that the justice had corruptly extorted 
 from two poachers £,\ each for a trespass on his own land, under color of his 
 office as a magistrate. In Michaelmas Term (19 Nov., 1857), he was ad- 
 judged to pay a fine of £200 and to be. imprisoned in the Queen's Bench 
 for one year; but on the 27th Jan., 1858, he was discharged, on account of 
 ill health, on payment of the fine. 
 
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44 Actions and other Proceedings against Justices, [introd. 
 
 " them. But if it clearly appears that the justices have been 
 " partially, maliciously or corruptly influenced in the exercise 
 " of this discretion, and have consequently abused the trust 
 " reposed in them, they are liable to prosecution by indictment or 
 " information, or even possibly by action, if the malice be very 
 " gross and injurious. If their judgment be wrong, yet their 
 "heart and intention pure, God forbid that they should be 
 " punished." In B. v. Borron (3 B. & Aid. 434), we find 
 Abbott, C. J., thus expressing himself upon an application 
 of this nature: — "They are, indeed," (the justices) "like any 
 " other subject of this kingdom, answerable to the law for the 
 " faithful and upright discharge of their trust and duties. But 
 " whenever they have been challenged upon this head, either by 
 " way of indictment or application to this Court for a criminal 
 " information, the question has always been not whether the act 
 " done might, upon full and mature investigation, be found 
 " strictly right, but from what motive it had proceeded, whether 
 " from a dishonest, oppressive or corrupt motive, under which 
 " fear and favour may generally be included, or from mistake or 
 " error. In the former case alone they have become the objects 
 " of punishment. To punisli as a criminal any person who, in 
 " the gratuitous exercise of a public trust, may have fallen into 
 " error or mistake, belongs only to the despotic rule of an en- 
 " slaved people, and is wholly abhorrent from the jurisprudence 
 " of this kingdom." 39 
 When moved The motion for a rule nisi to file a criminal information 
 ^'"' should always be made promptly, and before it is made the 
 
 prosecutor should give the justice six days' notice of his intention 
 to move and of the grounds of his motion. 40 
 
 7. Appeal against or reviewing the Judgment of Justices, 
 The subject of appeal against summary convictions and 
 orders, as also the new statute, 20 & 21 Vict. c. 43, for reviewing 
 
 39 See also R. v. Cax, 2 Burr. 785 ; R v. Palmer, Id. 1162; R. v. Jack- 
 son, 1 T. R. 653 i R. V. Jthay, 2 Burr. 653 ; R. t. Williams, 3 Burr. 1317 i 
 R. V. Badger, 4 Q. B. 468 ; R. v. Barton, 14 J. P. 738 ; R. V. FUlding, 2 Burr. 
 720 ; Ex parte Duke of Marlborough, 5 Q. B. 955 ; R. v. Burn, 7 A. & E. 190 ! 
 R. V. Allington, 1 Str. 678; R. f. Venables, 2 Ld. Raym. 1405; 1 Str..640i 
 R. V. Harwood, 2 Str. 1088 ; R. v. Williamson, 3 B. 8j Aid. 582; R. V. Nev)tm, 
 Str. 243 ; R. v. Davis, LofFt, 62 ; R. v. Hoseason, 14 East, 608 ; R. v. Justices 
 of Staffordshire, 1 Chit. 217 ; R. v. Justices qf Lancashire, 1 D. & K. 485; A 
 V. Constable, 7 D. & K. 663 ; R. v. Finney, 3 B. & Ad. 947 ; Paley, 4th ei 
 425, 426. , 
 
 o ^T^ ^^ PfleFentiman, 2 Ad. & E. 127 ; R. v. Heming, 5 B. & Ad. 666; 
 2 Nev. & M. *77 ;^£a.e^^4t|^e^^^27, 428. 
 
INTROD.] Oftlie Constitution, S^c. of Benches of Magistrates. 45 
 
 the judgments of justices of the peace in aU summary proceed- 
 ings by means of a special case stated for the opinion of a 
 superior Court on a question of law (not of fact), are fully 
 treated of under this head in Sect. 8 of Chapter 1 of Part I. 
 of this work. 
 
 IV. Of the Constitution and Management of Benches 
 OF Magistrates. 
 
 1. Where Petty Sessions held, and before whom. 
 
 2. Special Sessions and Business thereat. 
 
 3. Management of Business generally. 
 
 1. Where Petty Sessions held, and before whom. 
 
 A Bench of Magistrates, which is also called a Petty Sessions What is a petty 
 or a Court of Petty Sessions (Sched. T. to 11 & 12 Vict. c. 43), sessions, 
 is formed by the periodical, generally weekly, as well as occa- 
 sional, meetings of the justices of the peace of boroughs, or of 
 counties, ridings or divisions within certain recognized divisions 
 or districts, regulated and divided by the statutes 9 Geo. 4, c. 43, 
 and 6 Will. 4, c. 12, and by which power is given to change 
 and alter their limits, and the parishes comprising them from 
 time to time. (Vide 9 Geo. 4, c. 43, and 6 Will. 4, c. 12, 
 s. 2, which now apply to the county of Middlesex (14 & 15 
 Vict. c. 55, s. 17).) 41 
 
 By 12 & 13 Vict. c. 18, s. 1, it is enacted, " that every sitting Borough 
 " and acting of justices of the peace, or of a stipendiary magis- sitting a petty 
 " trate, in and for any city, borough, or town corporate having petty sessional 
 " a separate commission of the peace, or any part thereof, within division. 
 " England and Wales, at any police court or other place ap- 
 " pointed in that behalf, shall be deemed a petty sessions of the 
 "peace;— and the district for which the same shall be holden 
 " shall be deemed a petty sessional division, within the meaning 
 " of any acts of parliament, already made or hereafter to be 
 " made, having relation to such petty sessions, or to anj- busi- 
 " ness to be transacted thereat." 
 
 The petty sessions for counties is generally held at the most Where held, 
 important or central town of the division, either at one of the 
 
 41 Vide a form of statement of two or more justices for alteration, &c. 
 of petty sessions division, in Oke's " Magisterial FormuUst," 2nd ed. p. 556, 
 No. 6. 
 
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46 Of the Constitution, ^c. (^Benches of Magistrates, [introd. 
 
 Where petty principal inn«, or at the Town Hall, or other public building, 
 sessions held. • <• .1 , , , , , , . , 
 
 it there should happen to be one ; but a petty sessions may be 
 
 held by any two justices on their mere private agreement, for 
 the purpose of acting either ministerially or judicially in any 
 cases within their authority, and anywhere in the division, 
 except in certain cases, where the particular statute giving cog- 
 nizance of the offence or matter requires it to be " at the usual 
 place" for the division (10 & 11 Vict. c. 82, ss. 1, 2; 16 & 17 
 Vict. c. 30, s. 1), or at " special sessions for the highways to be 
 " held within the division in which the highway may be situated," 
 &c. (5 & 6 Will. 4, c. 50, ss. 94, 95),— the statute in this, like 
 many other cases 42, fixing the time and place of holding the 
 several special sessions, or authorizing the justices so to fix 
 them, and therefore the business to be transacted must take 
 place at the place determined upon. It is likewise the practice 
 to hold petty sessions at one place only in the division, and on 
 the regularly appointed days of meeting, for the purpose of 
 hearing those summary cases which the statutes require to be 
 heard and determined by two or more justices " in petty ses- 
 sions for the division," as under the Alehouse Act, 9 Geo. 4, 
 c. 61, the Beerhouse Act, 1 Will. 4, c. 64, and many otheracts, 
 it being a great advantage to the public to know when such 
 business is to be transacted, as well as to the justices, who may 
 consequently make their summonses and warrants returnable on 
 some definite day, whether they themselves can attend or not 
 on such day to join with the others in hearing the cases. 
 Borough or By the second section of 12 & 13 Vict. c. 18, " in all cases 
 
 proTide"places " where at present there are not, or where hereafter there shall 
 for holding " not be, any fit or proper place for the holding of such petty 
 pe ty sessions. « sessions within any such petty sessional division as aforesaid, 
 " in any county, riding, liberty or division within England and 
 " Wales, or within any city, borough or town corporate within 
 " the same, — it shall be lawful for the justices of the peace for 
 " any such county, riding, liberty or division in general or 
 "quarter sessions assembled, and for the council or other 
 " governing body in any such city, borough or town corporate, 
 " having a separate commission of the peace, respectively, if 
 
 42 Licensing alehouses(9Geo. 4, C.6I)! licensing billiards (8 & 9 Vict. 
 c. 109) ; licensing theatres (6 & 7 Vict c. 68) j appointing parish constables 
 (5 & 6 Vict. c. 109) ; hearing parochial rate appeals (6 & 7 Will. 4, c. 96)! 
 allowing jury lists (6 Geo. 4, c. 50) j granting licences to deal in game (1 & 2 
 
 911*' "■ ^^' ^°^ ^ ^ ^ ^'^^^ «• 3^' ^ *) ' ^^^ appointing overseers (54Geo.8, 
 
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INTKOD.] Where Petty Sessions held, and before whom. 47 
 
 " they shall respectively think fit, from time to time to direct 
 
 " that fit and proper places be hired or otherwise provided for 
 
 " the holding of such petty sessions of the peace within any 
 
 " such petty sessional division as aforesaid, — and that the ex- And expense to 
 
 " pense thereof and attendant thereon be paid out of the county ''* P*'^ °"* °^ 
 
 , .-I, , county rate or 
 
 " rate 4o or borough lund respectively, as the case may be ; — borough fund. 
 
 " provided always, that no such direction for hiring or other- 
 " wise providing any place for the holding of such petty ses- 
 "sions shall be given by the justices of any such county, 
 " riding, liberty or division, so assembled as aforesaid, unless 
 " an application in writing 44 for that purpose, signed by the 
 "justices of the peace acting in such petty sessional division, or 
 " the major part of such justices, shall have been transmitted to 
 " the clerk of the peace six weeks at the least before the holding 
 " of the general or quarter sessions at which such direction 
 " shall be given ; — and the clerk of the peace shall cause notice 
 " of such application to be published in some newspaper circu- 
 " lating in the same county, riding, liberty or division, and in 
 " which the advertisements of county business are usually 
 " inserted, fourteen days at the least before the holding of such 
 " general or quarter sessions." A proviso permits the use of the 
 County Court for this purpose, at such rent and on'such condi- 
 tions as may be agreed on. By the 3rd section, when divisions 
 run into two or more adjoining counties, the justices of all may 
 appoint a place in either and jointly contribute to the expenses, 
 in the manner provided by the 11 & 12 Vict, c 101, with 
 respect to lock-up houses on the borders of counties. 
 
 In the Municipal Corporation Act, 5 & 6 Will. 4, c 76, a In boroughs 
 special provision is made for the appropriation of a convenient "°' ^°.^^ ^^^^ 
 room where the petty sessions business of the borough may be 
 transacted; and it is forbidden for such room to be at any 
 public inn or tavern, a prohibition which shoidd have been 
 enforced in all cases, for (to quote Mr. J. Stone in his Petty 
 Sessions, p. 21) " it necessarily happens that parties are kept 
 " waiting for hours together until their case can be called on, 
 *' and as the suitors of those courts are for the most part among 
 *' the lower orders, they are naturally tempted to amuse them- 
 
 43 In many cases the hire of the room is paid for by the magistrates 
 themselyes, but more generally by their clerks out of the fees received, and 
 in amount varying from £5 to iJ20 per annum. 
 
 44 Vide form of application Oke's "Magisterial Forrmlist," 2nd ed. 
 p. 557, Nq. 7. 
 
 Digitized by Microsoft® 
 
When expe- 
 dient for more 
 than one ma- 
 gistrate to act. 
 
 Open court, 
 when. 
 
 Conviction on 
 view. 
 
 Of the Constitution, %c. of Benches of Magistrates, [introd. 
 
 " selves at the inviting tap, and not unfrequently appear before 
 " the bench in a state of intoxication, thus inadvertently brought 
 "upon them." 
 
 Many cases of summary convictions and orders may be heard 
 and determined by one justice only (and in indictable offences 
 out of sessions one only is necessary), either sitting publicly at 
 the place where the petty sessions are usually held, or at the 
 office of the clerk, or even at his own private residence. With 
 respect to the cases in which, although he may act alone, it is 
 more expedient that he should proceed in petty session with 
 another or others, it is obviously impossible to suggest any 
 general rules. He will probably think it best to adopt the 
 latter course wherever the question to be raised is likely to 
 affect considerable pecuniary interests, or arises on any new and 
 complicated statute, or embraces any doubtful matter of law, 
 more especially if the decision is final. Cases also frequently 
 arise, to which, although not intricate in themselves, local cir- 
 cumstances of existing or apprehended prejudice attach a ficti- 
 tious or imaginary importance, which renders them more fit to 
 be discussed in the presence of several magistrates, in order that 
 their administration of justice may not only be impartial, but 
 beyond suspicion (Dick. Quar. Sess. by Talfourd, 5th edit. 
 p. 11). And it is also material to notice that, in some cases 
 under recent statutes, the judgment of one justice may be the 
 subject of appeal to the quarter sessions, where the concurrence 
 of two justices is binding and conclusive (vide 7 & 8 Geo. 4, 
 c. 29, s. 72; 7 & 8 Geo. 4, c. 30, s. 38). 
 
 In summary proceedings, the room or place in which the 
 cases are heard and determined by a justice or justices, that is, 
 where they act judicially, even at their own residences, is an 
 open and public court, to which the public generally may have 
 access, so far as the same can conveniently contain them (11 & 
 12 Vict. c. 43, s. 12); but where the proceedings are merely 
 initiatory, the justices then acting ministerially, as in taking the 
 depositions and examinations upon a charge for an indictable 
 offence, it is not so (11 & 12 Vict. c. 42, s. 19). 
 
 In some cases a justice of the peace is authorized to conTict 
 a party on his own view of the offence, i. e. for swearing (19 
 Geo. 2, c. 21, s. 2), and idle and disorderly persons under the 
 Vagrant Act, 5 Geo. 4, c. 83, s. 3; and it has also been gene- 
 rally thought that the General Highway Act, 5 & 6 Will. 4, 
 c. 50, s. 78, and the General Turnpike Act, 3 Geo. 4, c. 126, 
 
 Digitized by Microsoft® 
 
INTROD.] Where Petty Sessions held, and before whom. 
 
 s. 132, give a justice the like power to convict for certain 
 ofiFences by drivers of carts, &c. : but on a closer examination 
 of the sections, it will be found that no such authority is ex- 
 pressed, but that the view of a justice in such cases may be 
 substituted for the usual proof on oath before other justices (see 
 titles " Hiyhways," and " Turnpike Boads," Part I. Chap. 2). 
 
 2. Special Sessions and Business thereat. 
 
 A special sessions, or a special petty session as it is sometimes What is a 
 
 termed by statute, is a meetino; of the justices of a division of a =P^<=i*' ^«^- 
 
 •' o Eions. 
 
 county, a riding, or of a borough, called for a particular pur- 
 pose, by virtue of a provision in that behalf in some act of 
 parliament, of which due notice is usually, and by some statutes 
 expressly required to be, given to all the justices resident within 
 the division, the limits within which such special sessions are 
 holden being the same as those within which petty sessions are 
 holden (2 Arch. J. P. 468, 469, 4th ed.) It may not be out Purposes and 
 
 of place here to mention concisely the purposes for which these Periods at 
 
 ., . . . -TiiiT 1 which special 
 
 special sessions in certain cases are required to be held at stated 
 
 periods of the year, they are : — 
 
 Purposes. 
 
 Alehouses, for licensing inns, alehouses 
 and victualling houses (9 Geo. 4, c. 61, 
 ss. 1, 2). [Fixed at a petit/ sessions 
 hetd 21 days before.'\ 
 
 sessions are 
 holden. 
 
 , for transferring such licences 
 
 (s. 4). [Fixed at anmml licensing 
 meeting.! 
 
 Billiards, tor licensing persons to keep 
 public billiard tables and bagatelle 
 boards, &c. (8 & 9 Vict. c. 109, s. 10). 
 
 , for transferring such licences. 
 
 Constables {Parochial), for appointing 
 (5 & 6 Vict. c. 109, s. 1). [Fixed in 
 February, in precepts to overseers.^ 
 
 Constables {Borough Special), for ap- 
 pointing (5 & 6 Will. 4, c. 76, s. 83). 
 
 Game, for licensing persons to deal in 
 (1 & 2 Will. 4, c. 32, s. 18). 
 
 Highways, special sessions for purposes 
 of the, of which not less than 8 nor 
 more than 12 must be held in a year 
 (5 & 6 Will. 4, c. 50, s. 45). 
 
 -, for examination and allowance 
 
 of surveyors' annual accounts (Id.) 
 o.s. 
 
 Digitized by Microsoft® 
 
 Periods of the Year. 
 
 Annually in counties, towns, 
 &c. between 20 August 
 and 14 September ; in 
 Middlesex and Surrey, 
 within the first ten days 
 of March (ss. 1, 3). 
 
 Not less than four nor more 
 than eight special sessions 
 for the year (s. 4). 
 
 Same time as alehouse li- 
 cences, supra. 
 
 The same. 
 
 Between 24th March and 
 9th April in every year. 
 
 In the month of October in 
 
 every year. 
 July annually (s. 18), and 
 
 at any other time (2 & 3 
 
 Vict. c. 35, s. 4). 
 As fixed at a special sessions 
 
 held within 14 days after 
 
 20th March annually. 
 
 The special sessions next 
 after the 26th March. 
 
50 Of the Constitution, ^c. of Benches of Magistrates, [introd. 
 
 Overseers, for appointing (54 Geo. 3, 
 
 c. 91, s. 1). 
 for examination and allowance 
 
 of annual accounts of (not in unions) 
 
 (50 Geo. .3, c. 49, s. 1). 
 Parochial JRates, appeal against. 4 
 
 special sessions at the least in the year 
 
 for hearing (6 & 7 Will. 4, c. 96, s. 6). 
 
 after the 25th of March. 
 
 Purposes. | Periods of the Year. 
 
 Highways, to fix rate of payment for The special sessions next 
 conveyance of stone, &c. by rate- 
 payers for repairs (Id. s. 35). 
 
 Jurors, for reviewing and allowing the 
 list of men qualified to serve on juries 
 in each parish (6 Geo. 4, c. 50, s. 10). 
 
 Annually within the last 7 
 days of September. 
 
 \_Clerk to justices to give notice 
 before the 20th August.'] 
 
 On 25th March or within U 
 days after. 
 
 Within 14 days after ap- 
 pointment of overseers. 
 
 As fixed on the day of 
 appointing overseers, — 
 usually Feb., May, Aug, 
 and Nov. in every year. 
 
 In other cases, — such as making orders for damage by rioters 
 (7 & 8 Geo. 4, c. 31, s. 9) ; granting theatre licences (6 & 7 
 Vict. c. 68, s. 5) ; recovering union contributions from overseers 
 (2 & 3 Vict. c. 84) ; appointing high constables (7 & 8 Vict, 
 c. 33, s. 8), and making orders for expenses, &c., of special 
 constables appointed under 1 & 2 Will. 4, c. 41 (s. 13),— where 
 the business is required to be done at a special sessions, but no 
 express time is fixed, it may be convened as the occasion may 
 arise. With respect to the manner of summoning special ses- 
 sions, and what notice is requisite, these matters will be here- 
 after considered in Part III. 
 Publication of It is usual in well-regulated divisions for the clerks to the 
 ins special " justices (of whom we shall speak hereafter) to prepare at the 
 sessions. beginning of each year a statement or list of the special sessions 
 
 and their nature, with dates, throughout the year, which is 
 easily done, having regard to the periods at which such special 
 sessions must be held, notwithstanding such days cannot legally 
 be appointed at the commencement of a year: which statement, 
 being then printed either on note paper or a card, is furnished 
 to each magistrate of the division as well as to all parochial 
 officers, and is very serviceable to them. This is the more 
 necessary in some cases, as some acts do not require notice of 
 the special sessions to be given to justices or any other parties 
 (see 5 & 6 Will. 4, c. 50, s. 45). 
 
 3. Management of Business generally. 
 Chairman of It is usual in courts of petty sessions for one of the raa- 
 
 gistrates to officiate as chairman and take the lead in the 
 
 Digitized by Microsoft® 
 
 £ench. 
 
iNTROD.] Management of Business generally. 51 
 
 management of the business, as at the quarter sessions; and 
 this assists very much the due disposal of the business before 
 the Bench, as well as being satisfactory to the suitors of the 
 Court. 
 
 As to the order in which business is taken at petty sessions. Order of 
 it is necessary there should be some rule as at quarter sessions ; *'"^"'^'''' 
 and consequently it is usual, first to hear cases, whether sum- 
 mary or indictable, in which the defendants are in custody, 
 then any special sessions matters convened for that day, and 
 afterwards such cases as should be ready to be gone into on 
 summonses. An outline or calendar of the business to be trans- 
 acted, with the names of the parties, &c., should, if practicable, 
 be made and laid before the chairman of the bench. 
 
 The blank general forms of informations or complaints, sum- As to forms, 
 mouses, warrants, commitments, &c., in summary convictions 
 and orders, as well as respecting indictable offences given in the 
 schedules to Sir John Jervis's Acts (11 & 12 Vict. cc. 42, 43), 
 — the classes being properly distinguishable from one another, — 
 should be supplied by the clerk to such of the justices of the 
 division who act at their residences without his assistance ; 45 
 but great care is necessary in the preparation of the information 
 for summary offences and matters, as it is the foundation of the 
 justices' jurisdiction and cannot be amended, and should show 
 every ingredient and requisite of the statute or statutes which 
 give cognizance of the offence or matter to give them jurisdic- 
 tion over the subject-matter, for this purpose the statutes at 
 large, which are supplied by government, should be always 
 ready to be consulted. 
 
 The seal or mark intended as a seal on summonses, warrants. Sealing pro- 
 convictions, orders, commitments, &c. may be any impression, ^^^''"'gs. 
 or otherwise in ink, made at the time by the clerk, or by the 
 printer, and adopted by the justice or justices signing the docu- 
 ment. (See R. V. St. Paul's Covent Garden, 14 Law J. Rep. 
 (N. S.) M. C. 109; 9 J. P. 441.) 
 
 A minute book containing all the proceedings transacted at Minutes of 
 petty sessions should be kept by the clerk, in which the evidence b^taken^^^ *° 
 adduced in each case, or sufficient notes of it, should be written 
 down either by him or the chairman of the bench, or, as is 
 
 45 Prefixed to Oke's " Magisterial Formulist" (referred to in Note 18, 
 ante, p. 26), is " A' List of all the necessary Magisterial Forms required to 
 be printed or purchased for use by Clerks to' Justices of a Division." 
 
 Digilked by Microsoft® 
 
52 Of the Constitution, Sgc. of Benches of Magistrates, [introd. 
 
 usual at some benches, taken separately, made up with the 
 
 original information or complaint, &c. indorsed, numbered in 
 
 the order adjudicated upon, and carefully preserved by the clerk 
 
 for future reference. Proper minutes of the proceedings are 
 
 now the more necessary since Sir John Jervis's Act (11 & 12 
 
 Accounting for yict. c. 43), which by sect. 31, after enacting, "that in every 
 
 pena s, . ^^ -^yarrant of distress to be issued as aforesaid, the constable or 
 
 " other person to whom the same shall be directed shall be 
 
 " thereby ordered to pay the amount of the sum to be levied 
 
 " thereunder unto the clerk of the division, in which the 
 
 "justice or justices issuing such warrant shall usually act; and 
 
 " if any person convicted of any penalty, or ordered by a justice 
 
 " or justices of the peace to pay any sum of money, shall pay 
 
 " the same to any constable or other person, such constable or 
 
 " other person shall forthwith pay the same to such clerk ; and 
 
 " if any person committed to prison upon any conviction or 
 
 " order as aforesaid for non-payment of any penalty, or of 
 
 " any sum thereby ordered to be paid, shall desire to pay the 
 
 " same and costs before the expiration of the time for which he 
 
 " shall be so ordered to be imprisoned by the warrant for his 
 
 " commitment, he shall pay the same to the gaoler or keeper 
 
 " of the prison in which he shall be so imprisoned, and such 
 
 " gaoler or keeper shall forthwith pay the same to the said 
 
 " clerk ; — and all sums so received by the said clerk shall 
 
 " forthwith be paid by him to the party or parties to whom the 
 
 " same respectively are to be paid, according to the directions 
 
 " of the statute on which the information or complaint in that 
 
 " behalf shall have been framed ; — and if such statute shall 
 
 " contain no such directions for the payment thereof to any 
 
 " person or persons, then such clerk shall pay the same to the 
 
 " treasurer of the county, riding, division, liberty, city, borough 
 
 " or place, for which such justice or justices shall have acted, 
 
 " and for which such treasurer shall give him a receipt without 
 
 Monthly ac- " stamp," — further enacts, " that every such clerk, and every 
 
 nalties" sfc!" " ®'*°^ gaoler or keeper of a prison, shall keep a true and exact 
 
 " account of all such monies received by him, of whom and 
 
 " when received, and to whom and when paid, in the Form 
 
 " (T.) 46 in the schedule to this act annexed, or to the like 
 
 " effect, and shall once in every month render a fair copy of 
 
 46 This form will be found in Oke's " Magisterial Formulist," 2ncl ed. 
 p. 61, No. 76. 
 
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iNTROD.] Management of Business generally, 63 
 
 " every such account unto the justices who shall be assembled 
 " at the petty sessions for the division in which such justice or 
 " justices aforesaid shall usually act, to be holden on or next 
 " after the first day of every month, under the penalty of forty 
 " shillings, to be recovered by distress, in manner aforesaid ; — 
 " and the said clerk shall send or deliver every return so made 
 " by him as aforesaid to the clerk of the peace for the county, 
 " riding, division, liberty, city, borough or place within which 
 " such division shall be situate, at such times as the court of 
 " quarter sessions for the same shall order in that behalf." 
 
 In summary proceedings, where the room or place in which When counsel 
 the case is heard is an open and public court, the defendant, as "o^ed'for^de^ ' 
 well as the complainant or informant, is allowed to make his fendant. 
 defence or conduct his case, and to examine and cross-examine 
 witnesses personally, or by his counsel or attorney (11 & 12 
 Vict. c. 43, ss. 12, 14) ; but if the prosecutor is himself a 
 witness, and has an attorney or a counsel, it will be wrong in 
 the justices to permit him to address them, otherwise than 
 upon oath and strictly to the facts, as it is desirable for the due 
 administration of justice that the characters of advocate and 
 witness should not be blended in the same person ; and this 
 will apply even to the attorney, who, if he be also a witness 
 ought not to be permitted to address the bench. This position 
 was well established by several cases, viz.. Stones v. Byron, 
 16 L. J. 32, Q. B. ; 1 B. C. Rep. 248 ; Dunn v. Pachwood, 
 1 B. C. JRep. 312; King v. Brice, 2 B. & Aid. 606; but see 
 now Cohhett v. Hudson, 1 El. & Bl. 11 ; 22 L. J. (N. S.) Q. B. 
 11 ; 17 J. P. 39, wherein it was decided, that a party may 
 conduct his own case as an advocate, without waiving his right 
 to give evidence as a witness. On the examination of a charge 
 for an indictable offence, where a discretion is given by sect. 
 19 of the 11 & 12 Vict. c. 42, to the justice to prevent the 
 public from having access to the room, the prisoner is not 
 entitled as of right to the assistance of an attorney or counsel, 
 but it is usual to permit one (see sect. 17). By sect. 2 of the 
 Attorneys and Solicitors Act (6 & 7 Vict. c. 73) no person 
 can act as an attorney or solicitor unless he has been ad- 
 mitted and enrolled. 
 
 All summary convictions and orders made must be drawn up Convictions 
 in proper form by the justice's clerk, under the hand and seal of be returned'to 
 the justice or justices, and lodged with the clerk of the peace, to the clerk of 
 be by him filed among the records of the general quarter sessions "*^ peace, 
 of the peace (11 & 12 Vict. c. 43, s. 14), held immediately sub- 
 Digitized by Microsoft® 
 
54 
 
 Depositions, 
 &c. in indict- 
 able offences. 
 
 Metropolitan 
 and stipen- 
 diary magis- 
 trates. 
 
 Of the Constitution, ^c. of Benches of Magistrates, [inteod. 
 
 sequent to their being made ; but the latter is regulated generally 
 by the particular statute giving cognizance of the offence or 
 matter. And in indictable offences the recognizances of the 
 prosecutor and witnesses, together with the written information 
 (if any), the depositions, the statement of the accused, and the 
 recognizance of bail (if any), are to be delivered to the proper 
 officer of the court in which the trial is to be had before or at 
 the opening of the said court on the first day of the sitting thereof, 
 or at such other time as the judge, recorder or justice, who is to 
 preside in such court at the said trial, shall order and appoint 
 (11 & 12 Vict. c. 42, s. 20) 47. 
 
 It is not necessary here to explain the peculiar constitution 
 of, and mode of transacting business at, the metropolitan Police 
 Offices, or those of the city of London, which are in fact courts 
 of petty sessions 48, and regulated by certain acts of parlia- 
 ment, for they are not altered or affected by Sir John Jervis's 
 Acts (vide 11 & 12 Vict. c. 42, ss. 29, 30 ; 11 & 12 Viet. c. 43, 
 ss. 33, 34j. The sitting magistrates of the Metropolitan Police 
 Courts are always bred to the law, and may in most cases act 
 alone ; and the chief magistrate of Bow Street may be a justice 
 for the county of Berks without qualification (Id. c. 42, s. 31). 
 The Lord Mayor and any Alderman of the city of London, for 
 the time being sitting at the Mansion House or Guildhall justice 
 rooms, may also do any act required to be done by more than 
 one justice (Id. c. 42, s. 30 ; Id. c. 43, s. 34) 48, and so may 
 every stipendiary magistrate (Id. c. 42, s. 29 ; Id. c. 43, s. 33). 
 In many respects the Metropolitan Police Coui'ts or offices are 
 placed by the acts of parliament upon a different footing, and 
 have more extensive powers over offences and matters than the 
 ordinary petty sessions, although the general routine of business 
 is conducted upon the same principles, and the forms given in 
 Sir John Jervis's Acts may be varied to render them applicable 
 to those courts (Id.) 49. 
 
 47 For the assizes, they are sent to the clerk of assize ; for the sessions, 
 to the clerk of tlie peace of the county or borough, at such time before the 
 tinre of trial as the respective sessions direct by advertisement or otherwise. 
 
 48 It is doubtful whether, in cases vfhere subsequent statutes to these 
 enactments provide for the disposal of cases in " petty sessions for the 
 division," the Lord Mayor or an ald*man can act alone in such cases. An 
 opinion has been given by eminent counsel that they cannot; and, in 
 consequence, cases under the Juvenile Offenders' Acts (10 & U Vict, c.82, 
 13 & 14 Vict. c. 37), the Criminal Justice Act (18 & 19 Vict. t. 126),tlie 
 nITfS\^' ^<=' (18 & 19 Vict. c. 119), and the Nuisances Removal Act 
 (in & 19 Vict. c. 121), are heard before two justices of the city on a fixed 
 day in each week. ■' 
 
 , 49 The P°"'=5^«^yrjs gr ^^cei^^the metropolis are those which are 
 
[JTROD.] Of Evidence lef ore Magistrates. 55 
 
 V. Of Evidence before Magistrates 50. 
 
 We propose here to give only a succinct view of the law Preliminary 
 s to the competency and examination of witnesses, the general observations, 
 ules as to oral and other evidence, and documentary evidence, 
 pith a reference to the cases and other authorities bearing upon 
 ach, it not being our purpose to treat of the evidence necessary 
 n every case or charge, and, indeed, that would be impossible 
 vithin our limited space. What is here attempted applies 
 jenerally to all proceedings before justices. We propose to 
 livide this chapter into three divisions. 
 
 1. The Competency and Examination of Witnesses. 
 
 2. General Rules as to Oral and other Evidence. 
 
 3. Documentary Evidence. 
 
 Premising, that although there is no difference as to the rules 
 Df evidence between criminal cases and civil cases, and what 
 may be received in one case may be received in the other, and 
 pi'hat is rejected in the one ought to be rejected in the other 
 ;Abbot, J., in R. v. Watson, 2 Starkie, N. P. C. 155 ; 2 
 Russ. on Cr. 725), and although it is said, that a fact must be 
 Dstablished by the same evidence, whether it is to be followed 
 by criminal or civil consequences (Lord Melville's Case, 29 
 How. St. Tr. 763), yet the amount of proof to be exacted by 
 the justices varies with the nature of the proceedings before 
 them. If it be a preliminary inquiry for an indictable offence, 
 1 prima, facie case of suspicion against the party charged re- 
 
 within the Metropolitan Police District (i. e. Bow Street, Westminster (late 
 Queen Square), Great Marlborough Street, Clerkenwell, Worship Street, 
 Lambeth, Marylebone, Southwark, Thames, Greenwich and Woolwich, and 
 Hammersmith and Wandsworth), and those within the city of London (i. e. 
 Mansion House and Guildhall) ; but police courts have not been established 
 throughout the whole of the Metropolitan Police District. The jurisdiction 
 of the police courts within the Metropolitan Police District is regulated by 
 the statutes 10 Geo. 4, c. 44, 2 & 3 Vict. cc. 47, 71, and 3 & 4 Vict. c. 84, 
 and certain orders in council. The police officers of the city of London are 
 regulated by the stat. 2 & 3 Vict. c. xciv. (local), wherein the Lord Mayor, 
 Aldermen or Recorder of the city have jurisdiction, but their jurisdiction or 
 powers are not so extensive over matters as those of the magistrates of the 
 metropolitan police courts. 
 
 50 This Chapter has been extracted to some extent from a very excellent 
 little work on the Law of Evidence by Mr. Powell (Law Times Office, 1856), 
 and instead of inserting the large number of cases as the 2nd section of 
 ' General Rules," I have referred to the pages of that work for the authorities 
 Bited in support of each position. For fuller information the reader must 
 refer to the usual Treatises —Starkie, Roscoe, Phillips, and Russell on Crimes, 
 725—988. 
 
 Digitized by Microsoft® 
 
56 
 
 Preliminary 
 oteervations. 
 
 Of Evidence before Magistrates. [introd. 
 
 quires that the justices should send him for trial, a clear case of 
 innocence will alone warrant the dismissal of the charge (see 
 11 & 12 Vict. c. 42, s. 25). In summary penal proceedings, 
 the proof of guilt must be full and convincing, while in matters 
 of civil jurisdiction, a mere preponderance of proof will suffice 
 to establish the case. In summary proceedings, the magistrates 
 are placed in the situation of a jury, and the degree of credit 
 to be attached to the evidence, provided it be legally admissible, 
 is exclusively in their consideration and judgment, the defend- 
 ant being entitled to the benefit of any doubt which exists in 
 their mind (Paley on Sum. Conv. 4th edit. pp. 98, 107; 2 Stark. 
 Ev. 414 ; Bench Formulist, 56) ; and, therefore, whatever the 
 Court of Queen's Bench, upon an inspection of the proceedings, 
 would deem sufficient to be left to a jury on a trial, was consi- 
 dered by them adequate to sustain the conclusion drawn by the 
 convicting magistrates (Paley, 4th edit. 107). It is said that 
 justices ought to insist in all cases upon the same regularity and 
 strictness of proof as would be required on a trial at Nisi Prius 
 (Bench Form. 29; B. v. Stone, 1 East, 665). 
 
 Who are com- 
 petent and in- 
 competent. 
 
 Crime or in- 
 terest 
 
 Effect of Evi- 
 dence Acts 14 
 & 15 Vict. 
 c. 99, and le & 
 17 Vict c. 83, 
 on magisterial 
 proceedings. 
 
 1. The Competency and Examination of Witnesses. 
 
 It may be considered to be the general and established prin- 
 ciple of evidence, that objection may be taken to the credibility, 
 but not to the competency, of witnesses ; but this rule is subject 
 to some exceptions. Formerly, a witness might be objected to 
 on many grounds, as being a party interested in the result of a 
 case ; but this principle was abolished by the 6 & 7 Vict. c. 
 85. Sect. 1 of that act enacts, that " no person offered as a 
 " witness shall hereafter be excluded by reason of incapacity, 
 " from crime or interest, from giving evidence either in person 
 " or by deposition" (Powell, 15, 16). 
 
 This act was followed by the 14 & 15 Vict. c. 99, and its 
 effect on proceedings before justices out of quarter sessions we 
 now propose to state. 
 
 By the 2nd section it is enacted, inter alia, — that "on 
 " any inquiry arising in any suit, action or other proceeding in 
 " any court of justice, or before any person having by law, 
 " or by consent of parties, authority to hear, receive and 
 " examine evidence, the parties thereto, 51 and the persons in 
 
 61 By the Amending Act, 16 & 17 Vict c. 83, s. 1, "the husbands mi 
 Digitized by Microsoft® 
 
:ntrod.] The Com'petency and Examination of Witnesses, 57 
 
 ' whose behalf any such suit, action or other proceeding may Effect of Evi- 
 ' be brought or instituted, or opposed or defended, shall (except jfij^yict! 
 * as hereinafter excepted) be competent and compellable to c, 99, and 16 & 
 ' give evidence, either vivA voce or by deposition, according to J^ maffisteriai 
 ■' the practice of the court, on behalf of either or any 52 of the proceedings. 
 ■' parlies to the said suit, action or other proceeding." The 
 exceptions to this general rule will be found in the terms of the 
 3rd section (and the 2nd section of 16 & 17 Vict. c. 83), which 
 enacts that " nothing herein contained shall render any person 
 " who in any criminal proceeding is charged with the com- 
 " mission of any indictable offence, or any offence punishable 
 " on summary conviction, competent or compellable to give 
 " evidence for or against himself or herself,— or shall render 
 " any pereon compellable to answer any question tending to 
 " criminate himself or herself, — or shall in any criminal pro- 
 " ceeding render any husband competent or compellable to give 
 " evidence for or against his wife, — or any wife competent or 
 " compellable to give evidence for or against her husband." 
 By sect. 3 of the 16 & 17 Vict. c. 83, neither husband nor 
 wife is compellable to disclose any communication made by 
 either of them to the other during the marriage. The statutes, 
 14 & 15 Vict. c. 99 and 16 & 17 Vict. c. 83, therefore, clearly 
 treating the proceeding in all summary convictions like in- 
 dictable offences as "proceedings" which are criminal (as 
 contradistinguished from an action or suit, in which all parties 
 are competent) ; 53 and, as in such cases the Crown is the 
 
 wives of the parties thereto, and of the persons in whose behalf any such 
 suit, 8co." are competent, &c. 
 
 52 I^ i' be desired to have the evidence of one party for the other, he 
 must be summoned or subpoenaed in the usual way, like another witness. 
 
 53 The words " criminal proceeding" override both the exceptions, 
 viz., any indictable offence and any offence punishable on summary con- 
 viction {Attorney- General v. Radloff, 10 Exch. 94; 18 Jur. 535; S. C, 23 
 Law T. 191 ; see Paley on Sum. Conv., 4th ed., pp. 90, 91). In that case, 
 which was an information for penalties for smuggling, the question arose 
 whether it was a criminal or a civil proceeding. Pollock, C. B. and Parke, B. 
 held it to be a criminal proceeding, and the testimony of the defendant 
 inadmissible ; but Piatt, B. and Martin, B. held it to be admissible, on the 
 ground that the primary object of the information was to recover the pecu- 
 niary penalty, and not at once to affect the defendant personally by the 
 imprisonment of his body. The learned editor of the last edition of Paley, 
 p. 92, says (and thereby coincides with the writer's opinion), " It is sub- 
 mitted that every proceeding before a magistrate, where he has power to 
 commit, in contradistinction to his power of making an order, is a criminal 
 proceeding, whether the magistrate be authorized in the first instance to 
 direct payment of a sum of money as a penalty, or at once to adjudge the 
 defendant to be imprisoned." Mr. Saunders is of the same opinion in his 
 
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58 
 
 Effect of Evi- 
 dence Acts 14< 
 & 15 Vict, 
 c. 99, and 16 & 
 17 Vict. c. 83, 
 on magisterial 
 proceedings. 
 
 Informer. 
 
 Of Evidence before Magistrates. [introd. 
 
 real prosecutor, the informer or person preferring the charge 
 are nominal prosecutors, and not therefore parties to the pro- 
 ceeding, but, "persons in whose behalf" such proceedings are 
 brought within the 2nd section, consequently their wives or 
 husbands are not excluded by the 3rd section (which appears, 
 therefore, only to disqualify the husband or wife of the party 
 charged) from giving evidence therein, when summoned or 
 examined on their behalf, but they cannot be called by the 
 defendant j but in all other cases before justices, such as the 
 proceedings relative to orders for payment of money or other- 
 wise (a distinction made by Jervis's Act, 11 & 12 Vict. c. 43, 
 s. 1, and see s. 15, note 54, infra), the complainant is a "party" 
 to the proceeding, and so are the defendants in all cases before 
 justices. Bearing in mind the marked distinction existing 
 between summary convictions and other summary proceedings, 
 the change which the new act introduces is more materially 
 applicable to the latter proceedings, and in the case of con- 
 victions it makes the informer competent; also in cases under 
 the Game Act, 1 & 2 Will. 4, c. 32, he may now lay the infor- 
 mation without the oath of any other person (for the 6 & 7 
 Will. 4, c. 65, s. 9, does not prohibit the informer from 
 swearing to the charge, but that it shall not be necessary to do 
 so if done by some credible witness, and not that the charge 
 shall onli/ be made on the oath of some other witness than the 
 informer), whatever his interest may be in the result, al- 
 though he was doubtless competent before by the 1st section 
 of the 6 & 7 Vict. c. 85, if he was not entitled to the penalty or 
 a portion of it, 54 as the exception in the proviso to that 
 section of any party " individually named in the record^' did 
 not, or does it now, apply to any proceedings before justices out 
 of sessions, as there is no record at all until the conviction or 
 order is returned to the sessions, and therefore of course neither 
 of the parties could be named in it. The 3rd section of the 14 
 
 little work " The Practice of Magistrates' Courts," p. 58. This question, 
 as concerns offences against the customs' laws, has since been set at rest by 
 the legislature, the Customs' Act, 20 & 21 Vict c. 62, s. 14, enacting that 
 defendants in any suit or proceeding relating to the customs shall not be 
 competent or compellable to give evidence. 
 
 54 By s. 15 of 11 & 12 Vict, t. 43, the prosecutor, i.e. the informer, was 
 not a competent witness, that section enacting that " every prosecutor of 
 " any such information, not having any pecuniary interest in the result of the 
 " ia))4e,^and every complainant in any such complaint as aforesaid, what- 
 " ever his interest may be in the result of the same, — shall be a competent 
 " witness to support such information or complaint respectively." 
 
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INTROD.] The Competency and Examination of Witnesses. 59 
 
 & 15 Vict. c. 99, excepts only indictable offences and summary Effect of Evi- 
 con-victions from the general operation of the 2nd section ; and ^^'^''^ Acts 14 
 it therefore follows that all other proceedings before justices, c. 99, and 16 & 
 such as sureties of the peace, recovery of wages, rates, &c. &c. 17 Vict, c.88, 
 are within the latter section, which allows any party to the pro- pro™ edTngs.* 
 ceeding, or any other person, to give evidence for either party 
 thereto. The 3rd section of the 14 & 15 Vict. c. 99 and 16 & 
 17 Vict. c. 83, s. 2 (excepting husbands and wives from giving 
 evidence for or against each other in any criminal proceedings), 
 also do not interfere with or exclude the testimony of the hus- Husband and 
 band or wife in cases of personal injury committed by one upon w*f«- 
 the other (per HuUock, R. v. Wakefield, 2 Russ. 605), and in 
 cases of high treason, where their evidence was previously ad- 
 missible, 55 as also in cases under the Vagrant Act, where 
 the husband is charged with neglecting to maintain his wife (it 
 being difficult, and in some cases impossible to substantiate the 
 charge, either as to his ability or neglect, if her testimony were 
 excluded), but leaves the law in that respect as it stood before 
 (15 J. P. 843 ; 16 J. P. 60 ; 21 J. P. 751), for the statute is to 
 extend the competency of witnesses and not to diminish such. 
 The husband or wife of one prisoner cannot, however, be called 
 as a witness for other prisoners prosecuted with him or her for 
 the same offence, it having been held, that where a husband 
 was indicted with others for a conspiracy, the wife could not be 
 examined as a witness for the other conspirators (i2. v. Locker, 
 5 Esp. 107) ; but in R. v. Bartlett et al, 8 J. P. 329 (on 
 circuit), where two persons were jointly indicted for larceny, 
 the wife of one of them was, with considerable doubt, admitted 
 as a witness for the other, it appearing that the defence in- 
 tended to be set up was distinct, and that her evidence would 
 not necessarily benefit her husband : so in R. v. Moore (1 Cox, 
 C. C. 59) and in R. v. Sills (1 C. & K. 494), where the pri- 
 soners were indicted for burglary, one prisoner was allowed to 
 call the wife of another prisoner to prove an alibi in the first 
 case, and in the other to prove that the wife of the other pri- 
 soner brought the stolen property to the house of the prisoner 
 calling her (<Si. Stone's Manual, 6 ed. pp. 124, 125). 
 
 Practically, therefore, the operation and eflfect of the statutes 
 14 & 15 Vict. c. 99 and 16 & 17 Vict. c. 83, may be thus 
 
 55 Vide cases and other authorities, Arch. Cr. Pr. 12th ed. by Welsby, 
 pp. 227, 228. 
 
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60 Of Evidence lefore Magistrates. [introd. 
 
 Effect of Evi- shown in the two classes of proceedings, with this general ex- 
 dence Acts 14 eeption in all cases, and with respect to all persons,— whether 
 c. 99, and 16 & the proceeding be in its nature criminal or otherwise, — that 
 17 Vict c. 83, nothing in the acts contained " shall render any person compel- 
 proceedings. " lable to answer any question tending to criminate 56 him- 
 " self or herself" (s. 3), but he is competent to do so, and may 
 therefore answer such a question if he chooses : — 
 
 PiRST. As to Indictable Offences, and Offences punishable 
 on Summary Conviction : 
 
 1. The informer or prosecutor is competent and compellable to 
 
 give evidence for himself or the defendant (14 & 15 Vict, c. 
 99, s. 2 ; 11 & 12 Vict. c. 43, s. 1.5, note 54, ante, p. 58) : 
 
 2. The husband or wife of the informer or prosecutor is likewise 
 
 competent and compellable to give eyidencejbr each other, 
 but not for the defendant, as he or she would in that case be 
 giving evidence against the other, which is prohibited except 
 in cases of personal injuries committed by one upon the 
 other, 57 : 
 
 3. The defendant (the party charged) is not competent or com- 
 
 pellable to give evidence for or against himself or herself 
 (14 & 15 Vict. c. 99, s. 3) : 
 
 4. Neither the husband nor wife of the defendant can give evi- 
 
 dence on either side, except in cases of pereonal injuries 
 committed by one upon the other, where the evidence of the 
 injured party is admissible against the other as before the 
 acts. 57 
 
 56 The word " criminate," as we apprehend, only protects the party 
 from answering such questions as tend to subject him to some penalty or 
 punishment, and does not apply where the question merely tends to fix 
 a civil responsibility on him (see 46 Geo. 3, c. 37), as in the case of an 
 application for an order in bastardy j for although it is an offence to beget 
 a bastard child, and punisbablef in the Ecclesiastical Court, the prosecution 
 must, by the 27 Geo. 3, c. 44, s. 2, have been commenced within eight 
 calendar months (from the sexual connexion), and therefore the putative 
 father would not, in many cases, be amenable by lapse of time to that pro- 
 ceeding; and according to the decision of Tenterden, C. J., in Roberts r. 
 Allatt (M. & M. 192), he is not excused from answering a question on that 
 ground, the time limited for proceeding heing past. An objection that 
 a question would tend to degrade a witness is equally untenable, as will be 
 seen from' Phil. Ev. 916, 8th ed., and 2 Phil. Ev. 421, 9th ed., where the 
 learned author, in commenting on this subject, says, "The doubt only exists 
 where the questions put are not relevant to the matter in issue, but are 
 merely propounded for the purpose of throwing light on the witness's 
 character ; for if the transactions to which the witness is interrogated form 
 any part of the issue, he will be obliged to give evidence, however strongly 
 it may reflect upon his character."— (15 J. P. 824; 16 J. P. 30, 156.) 
 
 57 Vide the opinion of the law officers of the crown in corroboration 
 of this point, 15 J. P. 843. 
 
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iNTROD.J The Competency and Examination of Witnesses. 61 
 
 Secondly. As to Orders for Payment of Money, such as Effect of Evi- 
 Wages to Servants and Apprentices, Bastardy Cases, and ^f is%ic'^ 
 Church Rates, also Sureties to keep the Peace, S^c, and all c. 99, and 16 & 
 other proceedings in Special and Petty Sessions (not being on magisteriai 
 Criminal proceedings, and not excepted in the 3rd section) : proceedings, 
 
 1. The complainant is competent and compellable to give evidence 
 
 for himself or the defendant (14 & 15 Vict. c. 99, s. 2 ; 11 
 & 12 Vict. c. 43, s. 15 ; note 54, ante, p. 58) : 
 
 2. The husband or wife of the complainant is likewise competent 
 
 and compellable for or against each other (see 16 J. P. 
 685) : 
 
 3. The defendant is competent and compellable for himself or 
 
 either or any of the parties to the proceeding (14 & 15 Vict, 
 c. 99, s. 2) : 
 
 4. The husband or wife of the defendant is likewise competent 
 
 (see 16 J. P. 685). 
 
 On the above statutory exceptions to the principle of universal 
 competency certain previously existing common law exceptions 
 must be grafted. For instance, persons who have not the use 
 of reason are from their infirmity utterly incapable of giving 
 evidence, and are therefore excluded as incompetent witnesses, 
 as idiot, lunatics and children (Powell, 18), but the evidence Infants, deaf 
 of witnesses at any age is admissible, if it appear that they have person" 
 sufficient discretion and understand the moral obligation of an 
 oath (Bac. Abr. tit. " Evidence") ; so also deaf and dumb 
 persons, if they are of sufficient understanding, may give evi- 
 dence either by signs, or tlirough an interpreter, or in writing 
 (Powell, 17, 18) 58 ; so likewise a lunatic is competent during 
 a lucid interval {Reg. v. Hill, 5 Cox's C. C. 259). An idiot Idiots, 
 is incapable of giving evidence, but a person who is born deaf, 
 dumb and blind (although he is said to be an idiot\ if of suffi- 
 cient capacity, is not incompetent (Powell, 18). 
 
 Another principle is that no person is a competent witness. Defect of re- 
 unless he believes in a supreme being who will punish him, ''gi°"^ P"^'"- 
 either in the present or in the future life, for perjury (Powell, 
 19 — 21), also such infidels who believe in God, and that he Infidels, 
 will punish them if they swear falsely, may and ought to be 
 admitted as witnesses in this, though a christian country ; but 
 such infidels, if any such there be, who either do not believe 
 
 58 The interpreter should be sworn faithfully to interpret the signs, and 
 the usual oath should also be put to the witness through the interpreter. 
 (Vide Form of Interpreter's Oath, post, p. 66.) 
 
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Co-defend- 
 ants, 
 
 62 Of Evidence before Magistrates. [introd. 
 
 in God, or if they do, do not think that he will either reward 
 or punish tliem in this world or in the next, cannot be witnesses 
 under any case or under any circumstances, for the plain reason, 
 because an oath cannot possibly be any tie or obhgation upon 
 them (Powell, 22). 
 
 Independently of the Evidence Act, 6 & 7 Vict. c. 85, which 
 removes a person's incapacity from crime, and the 14 & 15 
 Vict. c. 99, the law is, that where several offenders are charged, 
 and the cases are heard at one time, after all the evidence on 
 both sides have been heard, if there be no evidence against 
 one of them he is then entitled to demand an acquittal 
 {Wright v. Palin, R. & M. C. C. 128) ; but he is not entitled 
 to a verdict in the midst of the inquiry {Emmett v. Butler, 
 7 Taunt. 599), although the court may in its discretion allow 
 of his acquittal in any state of the trial before the reply 59, 
 in order that he may be examined as a witness {Bedder's Case, 
 1 Sid. 237 ; 2 Hawk. P. C. c. 46, s. 98, p. 604, 8th edit.) 
 When acquitted he is competent {Frazer's Case, 1 M. & Nal. 
 Ev. 55 ; see R. v. Fletcher, 1 Sh. 638 ; Sherman's Case, 
 Cases Temp. Hardw. 303 ; R. v. Oeorge, Car. & M. Ill); 
 also where one of several defendants pleads guilty he may be 
 called as a witness for the other defendants before sentence, unless 
 he has an interest, as in conspiracy, &c., in obtaining their dis- 
 charge (JR. V. George, lb. ; see Taylor on Evid. p. 817 ; Phil, 
 Evid. 70, 8th edit. p. 68, 9th edit.). It appears, therefore, 
 that it is in the justices' discretion, whether or not they dismiss 
 the charge as against one defendant at the end of the com- 
 plainant's case, or when they have heard the defence. 
 
 It may be laid down as a general rule, that wherever justices 
 of the peace are authorized by act of parliament to hear and 
 determine, or examine witnesses, they have incidentally a 
 —power to ad- power to take the examinations on oath (2 Phill. Evid. 795; 
 Bench Form. 50). In summary proceedings and in charges 
 of indictable offences their authority to administer the oath to 
 witnesses is given by the following acts : — 
 
 By 11 & 12 Vict. c. 43 (the act regulating summary pro- 
 ceedings before justices), s. 15 — 
 
 " Every witness at any such hearing shall be examined upon 
 oath or affirmation, — and the justice before whom any such 
 
 Oaths to wit- 
 nesses. 
 
 minister. 
 
 59 It must be borne in mind that no reply is allowed to the complainant 
 his attorney in a summary proceeding before justices. See 1 1 & 12 Vict. 
 43, s, 14. Digitized by Microsoft® 
 
 or 
 
INTROD.] The Competency and Examination of Witnesses. 63 
 
 witness shall appear for the purpose of being so examined 
 shall have full, power and authority to administer to every 
 such witness the usual oath or affirmation." 
 
 •By the 11 & 12 Vict. c. 42 (the act regulating the pre- 
 liminary inquiry in indictable ofifences), and s. 17, which pre- 
 scribes the mode of taking the depositions of witnesses, — 
 
 "The justice or justices before whom any such witness shall 
 appear to be examined as aforesaid shall, before such witness 
 is examined, administer to such witness the usual oath or 
 affirmation, which such justice or justices shall have fuU 
 power and authority to do." 
 
 And see also the Law of Evidence Amendment Act, 14 & 15 
 "Vict. c. 99, s. 16. 
 
 The 1 & 2 Vict. c. 105, regulates the mode of administering Mode of ad- 
 an oath, by enacting— ministering the 
 
 " that in all cases in which an oath may lawfully be and shall 
 have been administered to any person, * * * such per- 
 son is bound by the oath administered ; provided the same 
 shall have been administered in such form and with such 
 ceremonies as such person may declare to be binding." (See 
 Phil. Ev. 8th ed. 10; 9th ed. p. 9. 60) 
 
 The oath, which is generally in the following form — 
 
 " The evidence you shall give touching this information [or com- 
 plaint, or the present charge, or application, as the case may 6e], shall 
 be the truth, the whole truth, and nothing but the truth. So help 
 you God." 
 
 should be put to the witness before his name and testimony 
 is taken. 
 
 The particular form or ceremony of administering an oath is 
 quite distinct from the substance of the oath itself (1 Phill. 8, 
 9th edit.). The form of oaths under which God is invoked as 
 a witness, or as an avenger of perjury, is to be accommodated to 
 the religious persuasion which the swearer entertains of God ; 
 it being vain to compel a man to swear by a God in whom he 
 does not believe, and whom he therefore does not reverence 
 
 60 The provisions of the Common Law Procedure Act, 1854, 17 & 18 
 Vict. 0. 125, ss. 20, 103, which authorize a superior court to allow a witness 
 to make a solemn affirmation or declaration instead of being sworn, do not 
 apply to magistrates' courts. Sir Fitzroy Kelly introduced a bill during the 
 session of 1856 to extend these provisions to all criminal courts, but it was 
 not proceeded with then, in consequence of the early prorogation of parlia- 
 ment, and has not been re-introduced. 
 
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64 Of Evidence before Magistrates. [inthod. 
 
 (Puffend. b. 4, c. 2, s. 4). According to several decisions and 
 enactments, the mode of swearing witnesses of different religious 
 persuasions may be stated to be as follows: — 
 
 Jews. A Jew is sworn upon the Pentateuch, with his head corered 
 
 (2 Hale, P. C. 279; Omichund v. Barker, Willes, 543), but 
 a Jew who stated that he professed Christianity, but had never 
 been baptized, nor ever formally renounced the Jewish faith, 
 was allowed to be sworn on the New Testament {Oilham's 
 Case, 1 Esp. 285). A witness who stated that he beliered 
 both the Old and New Testament to be the word of God, yet 
 as the latter prohibited, and the former countenanced, swearing, 
 he -wished to be sworn on the former, was permitted to be sworn 
 {Edmonds v. Roroe, Ry. & Moo. N. P. C. 77). So, where a 
 ■witness refused to be sworn in the usual form, by laying his 
 right hand on the book, and afterwards kissing it, but desired 
 to be sworn by having the book laid open before him, and 
 holding up his right hand, he was sworn accordingly (Daltonj. 
 Colt, 2 Sid. 6 ; Willes, 553). And where on a trial for high 
 treason, one of the witnesses refused to be sworn in the usual 
 manner, but put his hands to his buttons, and in reply to a 
 question, whether he was sworn, stated that he was sworn and 
 was under oath, it was held suflBcient {Love's Case, 5 How. St, 
 
 Scotch witness. Tr. 113). The Scotch oath is thus administered : Holding up 
 his right hand uncovered, the witness repeats after the usher 
 (who ought to administer the oath with solemnity and reve- 
 rence, standing) — 
 
 " I swear by Almighty God, and as I shall answer to God at the 
 great day of judgment, that I will tell the truth, the whole truth, and 
 nothing but the truth, in so far as I know and shall be asked in this 
 cause." 
 
 Or according to Mildrane's Case, Leach, 412, and Mee v. 
 
 Seid, Peake, N. P. C. 23, the witness holding up the hand, 
 
 without touching the book or kissing it— 
 
 " You swear according to the custom of your country and of the 
 religion you profess, that the evidence you shall give shall be the 
 truth, the whole truth, and nothing but the truth. So help you God.' 
 
 Lord George Gordon, before he turned Jew, was sworn in 
 
 the same manner, upon exhibiting articles of the peace in the 
 
 King's Bench (MS., Mac Nally on Evid. 97; Roscoe's Cr. 
 
 Ev. 3rd ed. p. 131). The following is also given as the form 
 
 of a Scotch covenanter's oath — 
 
 " I, A. B., do swear by God himself, as I shall answer to him at 
 the great day of judgment, that the evidence I shall give to the court, 
 
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 Scotch Cove- 
 nanter. 
 
iNTROD.] The Competency and Examination of Witnesses, 65 
 
 touching the matter in question, is the truth, the whole truth, and 
 nothing but the truth. So help me God." (1 Leach, 412 n. ; Walker's 
 Case, Q. B. 1788.) 
 
 A Mahomedan is sworn on the Koran. The form in Morgan's Mahomedans. 
 Case (1 Leach, 54), was as follows :— The witness first placed , 
 his right Land flat upon the book, put the other hand to his 
 forehead, and brought the top of his forehead down to the 
 book, and touched it with his head. He then looked for some 
 time upon it, and being asked what effect that ceremony was to 
 produce, he answered that he was bound by it to speak the 
 truth (Roscoe's Cr. Ev. 3rd ed. p. 131). In swearing Roman Roman 
 Catholics^ it is sometimes considered proper to make them take ^^'"°"'^' 
 a cross in their right hand, as well as the Testament, and kiss 
 them both after the form of oath has been repeated, the cross 
 being sometimes merely marked on the back of the Testament ; 
 but this formality is unnecessary, unless desired by the witness 
 conscientiously, as the swearing on the holy Evangelists is 
 binding upon Roman Catholics, as well as upon Protestants 
 (J. Stone's P. S. 97). A peer, who, in a court of equity, is Peers, 
 allowed to give in his answer without oath, merely pledging 
 Lis honour for the truth of it, must be sworn if examined as a 
 witness (Arch. PI. & Ev. Civ. Act, 480). Quakers or Mo- 
 ravians, those who were formerly Quakers or Moravians, and 
 Separatists, are to make a solemn declaration or affirmation 
 instead of taking an oath, of which forms are given in the acts, 
 viz. for Quakers or Moravians (9 Geo. 4, c. 32, s. 1; 3 & 4 Quakers or 
 Will. 4, c. 49, s. 1, given in the latter act)— Moravians. 
 
 " I, A. B., being one of the people ealled Quakers [or one of the 
 persuasion of the people called Quakers, or of the United Brethren 
 called Moravians, as the ease may be}, do solemnly, sincerely and 
 truly declare and affirm, &c." 
 
 For those who formerly were Quakers or Moravians (1 & 2 
 Vict. c. 77)- 
 
 " I, A. B., having been one of the people called Quakers [or one 
 of the persuasion of the people called Quakers, or of the United 
 Brethren called Moravians, as the case may he'], and entertaining con- 
 scientious objections to the taking of an oath, do solemnly, sincerely 
 and truly declare and affirm, &c." 
 
 For Separatists (3 & 4 Will. 4, c. 82, s. 1) — Separatists. 
 
 " I, A. B., do, in the presence of Almighty God, solemnly, sincerely 
 
 and truly affirm and declare that I am a member of the religious sect 
 
 called Separatists, and that the taking of any oath is contrary to my 
 
 religious belief, as well as essentially opposed to the tenets of that sect ; 
 
 I and I do also in the same solemn manner affirm and declare, &c." 
 
 i o. S. F 
 
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66 Of Evidence before Magistrates. [introd. 
 
 Gentoo. The deposition of a Gentoo has been received, -who touched 
 
 with his hand the foot of a Brahmin ( Omichund v. Barker (1 
 
 Chinese. Atk. 21). The following is given in a recent case, as the form 
 
 of swearing a Chinese witness (Roscoe's Cr. Ev. 3rd ed, p. 331) : 
 — on entering the box, the witness immediately knelt down, and 
 a china saucer having been placed in his hand, he struck it 
 against the brass rail in front of the box and broke it. The 
 crier of the court then, by dii'ection of the interpreter, adminis- 
 tered the oath in these words, which were translated by the in- 
 terpreter into the Chinese language (^Entrehman's Case, I Car. 
 & M. 248) :— 
 
 "You shall tell the truth, and the whole truth; th^ saucer is 
 cracked, and if you do not tell the truth your soul will be cracked like 
 the saucer." 
 
 Foreigners and Deaf and dumb witnesses, as well as all others who do not 
 others to be speak the English language, should be sworn through the 
 medium of another person duly qualified to interpret them, the 
 interpreter being first sworn faithfully to interpret the witness, 
 Also, where the defendant or party charged does not under- 
 stand the English language, the evidence should he inter- 
 preted to him. The interpreter's oath may be in the following 
 form : — 
 
 Interpreter's " You shall truly and faithfully interpret the evidence abont to be 
 
 oath. given, and all other matters and things touching the present charge, 
 
 and the [French, or as the case may be], language into the English 
 
 language, and the English language into the [French, Sfc.] language, 
 
 according to the best of your skill and ability. So help you God." 
 
 Mode of Ex- On an examination in chief, a witness must not he asked 
 
 amma ion. ^ leading questions ; i. e., questions in such a form as to suggest 
 in chief. ^^^ answers desired. There are several exceptions to this rule :— 
 
 1. Leading questions may be put when done by the adverse 
 party by way of cross examination ; 2. Also with the permission 
 of the court, where the witness is hostile to the examining party; 
 3. Where a witness has apparently forgotten a circumstance, 
 and by inspecting a memorandum to refresh his memory 
 (Powell, 376—379) ; 4. Where the object is to contradict an- 
 other witness as to a certain fact ; 5. Where the object is to iden- 
 tify persons ; and 6. Where the question is merely introductory 
 to another. A witness must be asked only questions of fact 
 which are relevant and pertinent to the issue; and he cannot be 
 asked irrelevant questions, or questions as to his own inferences 
 from a personal opinion of facts (Powell, 379). The Common 
 
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INTHOD.] The Competency and Examination of Witnesses, 67 
 
 Law Procedure Act, 17 & 18 Vict. c. 125, s. 22, determines 
 the conditions under which a party in a civil proceeding may 
 contradict by other evidence the statement of a witness who has 
 proved unexpectedly adverse to the party who calls him ; but 
 although it is said in the books, that the same mode of taking 
 and receiving evidence must be adopted before magistrates as at 
 nisi prius, it is questionable (see note 60, ante, p. 63), whether 
 any of the provisions of the 17 & 18 Vict. c. 125, apply to ma- 
 gisterial procedure. But there is a common law rule in exist- 
 ence before this act came into operation to the same effect (Lord 
 Ellenborough, C. J., 2 Camp. 556). 
 
 On cross examination, an adverse witness may be asked — cross-exami- 
 leading questions ; but where the witness appears to be favour- '"'"''"• 
 able to the examiner, the court will sometimes not suffer the cross 
 examiner to lead his opponent's witness (Powell, 381). 
 
 By the 14 & 15 Vict. c. 99, s. 3, ante, p. 60, nothing in that Impeaching 
 
 act shall render anv person compellable to answer anv question , character 
 .... 1 ,. , 1 ,. T 1 • of a witness, 
 
 tendmg to criminate himself or hei-self. In order to impeach 
 
 the character of a witness, he may be asked on cross exami- 
 nation, whether he has committed any crime, or been guilty of 
 other immoral conduct ; but, generally, if he answer in the 
 negative, the fact cannot be proved by the cross examiner, un- 
 less it be material to the issue. In other cases, the answer of 
 the witness is conclusive. If a witness be asked on cross ex- 
 amination, whether he ever made a, former verbal statement, as 
 to matter connected with the issue, different to that which he 
 has made at the trial, and if he answer in the negative, evidence 
 may be given that he has made such a former statement 
 (Powell, 384, 385 ; 17 & 18 Vict. c. 125, s. 23). As to contra- 
 dictions of former statements in mriting, see 17 & 18 Vict. c. 
 125, s. 24 ; and as to the rules in criminal proceedings, 7 C. & 
 P. 676. Where a prisoner calls witnesses only to character, 
 it is not usual for the prosecuting party to cross examine them, 
 although strictly he has the right to do so, nor is a person to be 
 cross examined who is merely called to produce a deed or other 
 instrument. 
 
 The office of a re-examination is to be confined to showing — re-examina- 
 the true colour and bearing of the matter, elicited by cross- 
 examination ; and new facts or new statements not tending to 
 explain the witness's previous answers are not to be admitted 
 (Prince v. Samo, 7 Ad. & E. 627; Tayl. 627; Q,ueeris Case, 
 2B,&B. 297; Powell, 390). 
 
 f2 
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 tion. 
 
Of Evidence before Magistrates. [intkod. 
 
 Proceedivg for 
 Perjury b^ore 
 Justices : 
 
 — in special or 
 petty sessions ; 
 
 — to be com- 
 mitted for trial 
 or bailed ; 
 
 — and wit- 
 nesses to be 
 bound to 
 prosecute. 
 
 Justices to 
 give certificate 
 to prosecutor 
 to entitle him 
 to costs of 
 prosecution. 
 
 The mode of proceeding against witnesses, who commit perjury 
 in their evidence before magistrates, has been extended by the 14 
 & 15 Vict. c. 100. Section 19 of that act, after reciting 23 Geo. 2, 
 c. 25, whereby certain provisions were made to prevent persons 
 guiltyof perjury and subornation of perjury from escaping punish- 
 ment by reason of the difficulties attending such prosecution, and 
 that it was expedient to amend and extend the sam«, enacts — 
 " That it shall be lawful for * * any justice of the peace in 
 special or petty sessions, * * * in case it shall appear to 
 them that any person has been guilty of wilful and corrupt 
 perjury in any evidence given, or in any * * * deposition, 
 examination or other proceeding, made or taken before them, 
 — to direct such person to be prosecuted for such perjury, in 
 case there shall appear to them a reasonable cause for such 
 prosecution,— and to commit such person so directed to be 
 prosecuted until the next session of oyer and terminer' or gaol 
 delivery for the county or other district within which such per- 
 jury was committed, unless such person shall enter into a recog- 
 nizance, with one or more sufficient surety or sureties, con- 
 ditioned for the appearance of such person at such next session 
 of oyer and terminer or gaol delivery, and that he will then 
 surrender and take his trial, and not depart the court without 
 leave, —and to require any person they may think fit to enter 
 into a recognizance, conditioned to prosecute or give evidence 
 against such person so directed to be prosecuted as aforesaid, 
 — and to give to the party so bound to prosecute, a certificate 
 of the same being directed, which certificate shall be given 
 without any fee or charge, and shall be deemed sufficient proof 
 of such prosecution being directed as aforesaid ; — and upon 
 the production thereof, the costs of such prosecution shall 
 and are hereby required to be allowed by the court before 
 which any person shall be prosecuted or tried in pursuance 
 of such direction as aforesaid, unless such last-mentioned court 
 specially otherwise direct. 61 " * * — provided always, 
 that no such direction or certificate shall be given in evidence 
 upon any trial to be had against any person upon a prose- 
 cution so directed as aforesaid." 
 
 61 No depositions of witnesses will be necessary to be taken under this 
 enactment as in ordinary cases of commitment for trial ;• but if the prosecu- 
 tion should not be made under it, it may be commenced in the usual way 
 by an information, warrant and depositions as in ordinary cases of indictable 
 offences. The forms of commitment and certificate of prosecution being 
 directed, will be found in Oke's " Formulist," 2nd ed., pp. 339, 340. The 
 recognizance of bail will be No. 48, p. 283 ; to prosecute, No. 43, p. 280. 
 
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INTROD,] General Mules as to Oral and other Evidence, 63 
 
 2. General Mules as to Oral and other Evidence. 
 From various decisions and authorities, the following rules General rules 
 have been extracted :- 62 ^' '° ^"'^'"'"^ 
 
 1. One witness is sufficient, except where any statute declares 
 
 there must be two witnesses, and in cases of purjury. 
 
 2. The evidence offered must correspond with the allegations, 
 
 and be confined to the points in issue (Taylor, 194). 
 
 3. The best evidence of which the nature of the case is capable 
 
 must be given, and this rule relates not to the measure and 
 quantity of evidence, but to the quality (Powell, 36) 63- 
 
 4. The law presumes innocence until the contrary be proved 
 
 (Powell, 45). 
 6. Hearsay evidence is inadmissible (Powell, 70); see exceptions, 
 Nos. 25-28. 
 
 6. The issue must be proved by the party who states an affir- 
 
 mative ; not by the party who states a negative 64 
 (Powell, 167). 
 
 7. The issue must be proved by the party who states the affir- 
 
 mative in substance, and not merely the affirmative in 
 form (Powell, 168). 
 
 8. In every case the onusprobandi lies on the person who wishes 
 
 to support his case by a particular fact which lies more 
 peculiarly within his knowledge, or of which he is supposed 
 to be cognizant (Powell, 170). 
 
 9. It is enough if only the substance of the issue be proved 
 
 (Powell, 172). 
 
 10. Where two persons are charged jointly, the confession or state- 
 
 ments of one wiU not be evidence against the other (Powell, 
 164) 65. 
 
 11. On trials for conspiracy, where the conspiracy has been proved, 
 
 the acts of one conspirator are evidence against the other con- 
 spirators (Powell, 164). 
 
 62 Th^ authority here cited as " Powell " is the work mentioned ia 
 Note 50, ante, p. 55, in which the cases are fully treated of. 
 
 63 This rule is thus curtly expressed in the Bench Formulist, p. 38 : — 
 
 " Not parole evidence where there be proof by writing. 
 
 " Not hearsay where there may be original testimony (exceptions, 
 
 " questions of boundaries, pedigrees, &c.). 
 " Not circumstantial where there may be positive proof." 
 
 64 The 11 & 12 Vict. li. 43, s. 14, contains a proviso — "that if the infor- 
 " mation or complaint in any such case shall negative any exemption, ex- 
 " ception, proviso or condition in the statute on which the same shall be 
 " framed, it shall not be necessary for the prosecutor or complainant in that 
 " behalf to prove such negative, but the defendant may prove the affirmative 
 " thereof in his defence, if he would have advantage of the same." 
 
 65 See ante, p. 62, as to the competency of co-defendants. 
 
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70 Of Evidence before Magistrates. [introd 
 
 General rules 12. Conversations which have taken place out of the hearing 
 
 as to evidence. of jl^g pg^ty to be affected, cannot be given in evidence. 
 
 13. That the evidence of an accomplice is admissible, but oughi 
 
 not to be fully relied upon, unless it be corroborated by somi 
 collateral proof (Powell, 24). 
 
 14. That where positive evidence of the facts cannot be supplied 
 
 cu'cumstantial or presumptive evidence is admissible ; anc 
 that circumstantial evidence should be such as to produc( 
 nearly the same degree of certainty as that which arisei 
 from direct testimony, and to exclude a rational probability 
 of innocence SB- 
 IS. The law presumes in criminal matters that every persoi 
 intends the probable consequences of an act which may bi 
 highly injurious (Powell, 46). 
 
 16. It is a general presumption of law that a person acting in s 
 
 public capacity is duly authorized so to do (Powell, 48). 
 
 17. If a man by his own wrongful act withhold the evidence bj 
 
 which the nature of his case would be manifested, even 
 presumption to his disadvantage will be adopted (Powell, 49) 
 
 18. The law presumes in favour of the continuance of life (Powell 
 
 50). 
 
 19. A tenant cannot dispute his landlord's title (Powell, 52). 
 
 20. A witness must only state facts ; and his mere persona 
 
 opinion is not evidence (PoweU, 54 ; see " Exception,' 
 No. 21). 
 
 21. The opinions of skilled or scientific witnesses are admissibl 
 
 evidence to elucidate matters which are of a strictly profes 
 sional or scientific character (Powell, 55). 
 
 22. Counsel, solicitors and attorney cannot be compelled to dis 
 
 66 The description of evidence called circumstantial consists of proving 
 not the fact sought, but a fact or facts from which it may be deduced in th 
 way of presumption or inference. Upon this point it is said (1 Bas 
 P. C. c. 5, s. 9, p. 223) — " Perhaps strong circumstantial evidence, in cases ( 
 " crimes committed for the most part in secret, is the most satisfactory ( 
 " any from whence to draw the conclusion of gUilt ; for men may be seduce 
 " to perjury by many base motives, to which the secret nature of the offenc 
 "may sometimes afford a temptation j but it can scarcely happen that man 
 " circumstances, especially if they be such over which the accuser could hav 
 " no control, forming altogether the links of a transaction, should all unfoi 
 " tunateJy concur to fix the presumption of guilt on an individual, and yi 
 " such a conclusion be erroneous." The following rules are given i 
 1 Starkie on Evidence, 3rd ed., pp. 571 — 575 : — 
 
 1. The circumstaiices from which the conclusion is drawn should 1 
 
 fully established. 
 
 2. AH the facts should be consistent with the hypothesis. 
 
 3. The circumstances should be of a conclusive nature and tendency. 
 
 4. The circumstances should to a moral certainty actually exclu( 
 
 every hypothesis but the one proposed to be proved. 
 For fuller information and cases illustrated, see Wills on Cu-cumstanti 
 Evid. 3rd ed. pp. 133—155. 
 
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INTROD.] General Rules as to Oral and other Evidence. 71 
 
 close communications which have been made to them in General rules 
 professional confidence by their clients (Powell, 60). ^^ to evidence. 
 
 23. A witness cannot be compelled and will not be allowed to state 
 
 facts, the disclosure of which may be prejudicial to any 
 public interest (Powell, 66). 
 
 24. Certain evidence is excluded in civil cases on the ground of 
 
 indecency (Powell, 69). 
 
 25. In matters of public or general interest, popular repetition or 
 
 opinion, or the declarations of deceased witnesses, if made 
 before the litigated point has become the subject of con- 
 troversy, and without reasonable suspicion of undue par- 
 tiality or collusion, will be received as competent and cre- 
 dible evidence (Powell, 78). 
 
 26. The declarations of deceased persons are not admissible as 
 
 reputation unless they have been made before the issue has 
 become, or appeared likely to become, a subject of judicial 
 controversy (Powell, 87). 
 
 27. Ancient documents purporting to be a part of the transactions 
 
 to which they relate, and not a mere narrative of them, are 
 receivable in evidence that those transactions actually oc- 
 curred, provided they be produced from proper custody 
 (Powell, 89). 
 
 28. The statements of deceased persons who were connected by 
 
 blood or marriage to the family in question are admissible in 
 cases of disputed pedigree, — ^i. e., descent or relationship, 
 marriage or death (Powell, 95 — 105). 
 
 29. In murder or homicide the declarations of the deceased, con- 
 
 cerning the cause and circumstances of the mortal wound, if 
 made with a full consciousness of approaching death and 
 religious responsibility, are admissible in evidence for or 
 against a prisoner who is charged with the crime (Powell, 
 107 ; and see further Sect. 5 of Chapter 1 of Part II., " In- 
 dictable Offences.") 
 
 30. A declaration by a deceased person, who had a competent 
 
 knowledge of a fact, and no interest to prevent it, and which 
 declaration was against the pecuniary interest of the declarant 
 at the time when it was made, is evidence as to third parties, 
 and is evidence of everything stated in the declaration 
 (Powell, 112-120). 
 
 31. Declarations made by a person strictly in the course of his 
 
 trade or professional business, and without any apparent in- 
 terest to misrepresent the truth, if contemporaneous with the 
 fact, are evidence, after his death, against third parties, 
 of the essential subject-matter, but not of its surrounding 
 circumstances (Powell, 121, 129). 
 
 32. The express admissions, or the admissions implied from the 
 
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72 Of Evidence before Magistrates. [introi 
 
 General rules conduct of a party to a suit, are presumptive evidence agains 
 
 as to evidence. \iim, as between himself and another party ; but they are nc 
 
 conclusive evidence unless such other party have been in 
 
 duced by them to alter his condition ; — nor are they evidenc 
 
 as between third parties (Powell, 135). 
 
 33. The declarations of a party to the record, or of one identifici 
 
 in interest with him, are evidence as against such part 
 (Powell, 139). 
 
 34. The admission of a partner is evidence against his copartner ii 
 
 civil proceedings (Powell, 142—156) ; and under which ml 
 is included admissions by persons acting in the characte 
 of agents or attorneys. 
 S5. The statement of a prisoner as to the circumstances of a crimi 
 with which he is charged is evidence against himself, unless i 
 have been elicited from him by a person who had at the time 
 actually or presumably, power to forgive ; and who, in tha 
 capacity, induced the prisoner to confess by holding out t( 
 him an offer or prospect of forgiveness {Reg. v. Baldry, 21 
 L. J. 130, M. C, and the other cases cited in Sect. 5 o 
 Chap. 1 of Part II. "Indictable Offence^'). 
 
 36. Voluntary statements or observations made by a prisoaei 
 
 before the examining magistrate are strictly admissible againsi 
 him, whether reduced into writing or not (1 PhUl. 422 ; Beg 
 V. Stripp, 25 L. J., M. C, 109; 1 Dearsl. C. C. 648; 2C 
 J. P. 279 ; R. v. Jacob, 1 Lea. 309 ; Beg. v. Thomas, U 
 J. P. 513, per Talfourd, J.) 
 
 37. As to variances between the evidence and the indictment ii 
 
 criminal charges, see Arch. Cr. PI. by, Welsby, 12th ed. 
 pp. 176—184 ; 14 & 15 Vict. c. 100, ss. 1, 2, 3, 9, 11, 12, 
 13, 14. 
 
 38. As to variances between the evidence and summary informa- 
 
 tion, summonses, &c., see 11 & 12 Vict. c. 43, ss. 1, 3, 9. 
 
 [The Law of Evidence Amendment Acts, 14 & ] 5 Vict, c, 
 99 and 16 & 17 Vict. c. 83, are treated of under the preceding 
 head, " The Competency and Examination of Witness^" 
 ante, pp. 56—61.] 
 
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INTROD.] Documentary Evidence, 73 
 
 3. Documentary Evidence. 
 
 (1.) As to Private Documents. 
 (2.) As to Public Documents. 
 (3.) Foreign and Colonial Laws. 
 
 (1.) As to Private Documents, 
 According to the rule, that the best evidence must be given 
 (No. 3, p. 69), and that secondary evidence is inadmissible until 
 the absence of primary evidence is explained satisfactorily, a 
 party who relies upon a written document must either produce 
 it, or show that he has made every reasonable effort to produce 
 it. In the latter case, if he has been unsuccessful, he may 
 prove the original document, either by a copy, or any other 
 authentic kind of secondary parol evidence (Powell, 295). The 
 rule is, that all originals must be accounted for, before second- 
 ary evidence can be given of any one (Parke, B., Alison v. 
 Furnival, 1 C. M. & K. 292). 
 
 It must first be proved, that the original is in the hands of Notice to 
 the adverse party, and that a notice to produce has been served pi^oduce, 
 on such party a reasonable time before the hearing ; but where 
 the document is in the hands of a third party, a subpoena duces 
 tecum must be obtained from the crown office, justices having 
 no power to summon a witness and require him to produce 
 documents before them in any case. A notice to produce is, —when un 
 however, unnecessary in these cases : — 1st. Where a party holds necessary, 
 a duplicate original or counterpart of his adversary's document ; 
 2nd. "When the nature of the case and proceedings inform 
 the adverse party sufficiently, that he will be required to pro- 
 duce the document; 3rd. A notice to produce a notice is not 
 required, e. gf. a notice to quit, a notice of action, notice of dis- 
 honour of a bill, notice to produce a signed attorney's bill in an 
 action on it ; 4th. If a party or his attorney be shown to have 
 an original with him in court, and refuses to produce it, 
 secondary evidence will be received, notwithstanding the want 
 of a notice to produce ; 5th. Notice will not be required when 
 the adverse party has admitted the loss of the original, or where 
 it is in the nature of an irremoveable fixture ; and 6th, Mer- 
 chant seamen are permitted to prove orally an agreement with 
 the master of a ship, without producing the original, or giving 
 notice to produce it (17 & 18 Vict. c. 104, s. 165 ; Powell, 
 299-301). 
 
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74 Of Evidence before Magistrates. [introd. 
 
 Stamps. As to the stamps on ■written documents, the general rule is, that 
 
 where a stamp is essential to the legal validity of a writing, that 
 writing cannot be given in evidence in civil proceedings if it 
 be unstamped, or insufficiently stamped (Powell, 357); and in 
 these proceedings we must class all these matters before justices 
 which are not termed indictable offences, or charges punishable 
 on summary conviction (a distinction made by the Law of Evi- 
 dence Act, 14 & 15 Vict. c. 99, s. 3, ante, p. 57) ; but in the 
 superior courts, the 17 & 18 Vict. c. 125, ss. 28, 29, allows the 
 officer to affix a proper stamp on payment of a penalty. In 
 criminal proceedings (and which are those relating to indictable 
 offences and summary convictions), the rule is different, for the 
 17 & 18 Vict. c. 83, s. 27, enacts, — that " every instrument liable 
 to stamp duty shall be admitted in evidence in any criminal 
 proceeding, although it may not have the stamp required by 
 law impressed thereon, or affixed thereto." When it is neces- 
 sary to produce the writing, or account for its absence, se- 
 condary evidence will not be received, if it appear that the 
 original required a stamp, and that it was unstamped. But 
 a writing requiring a stamp will be presumed to have been pro- 
 perly stamped ; and so as against a party refusing to produce it 
 after notice. Such a presumption may be rebutted by evidence, 
 that the writing was not stamped. Where an instrument is inad- 
 missible by reason of the stamp laws, it will be allowable to re- 
 sort to other admissible evidence (Powell, 361 ; Davis's County 
 Courts, 2nd ed. 79, 72). 
 
 Proof of hand- The proof of signatures or handwriting is the essential part 
 
 writing. ^£ jjjg ppQof Qf priyate writings. There are various admissible 
 
 kinds of such proof: — 1. Handwriting may be proved by a 
 witness who actually saw the party write or sign, which is the 
 most satisfactory evidence ; 2. By a witness who has seen the 
 party write on other occasions, even if it be but once only; 3. 
 By a witness who has seen documents purporting to be written 
 by the same party, and which by subsequent communications 
 with such party, he has reason to believe the authentic writings 
 of such party ; 4. Under the Common Law Procedure Act, 
 1854, 17 & 18 Vict. c. 125, s. 27, in civil cases, a witness may 
 give his opinion as to the authenticity of a disputed document, 
 by comparing the handwriting with any document which has 
 been proved to the satisfaction of the judge to be the genuine 
 writing of the party (Powell, 304). 
 
 t^rin J'wiwesfc ^^""^^"^ ^^^""^ ^® ^" attesting witness to the writing, he must be 
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INTROD.] Documentary Evidence. 75 
 
 called ; but by the 17 & 18 Vict. c. 125, s. 26, in civil cases, it 
 is not now "necessary to prove by the attesting witness any 
 instrument to the validity of which attestation is not requisite 67 ; 
 and such instrument may be proved by admission, or otherwise, 
 as if there had been no attesting witness thereto," To this 
 reservation there are several common law exceptions. Thus, it 
 is a rule that — 
 
 An attesting witness need not be called to prove an instrument 
 
 which is more than thirty years old ; 
 or when the original is withheld by an adverse party, who refuses 
 
 to produce it after notice ; 
 or when the adverse party, in producing it, after notice, claims 
 
 an interest under it ; 
 or when the adverse party has recognized the authenticity of the 
 instrument by acts in the nature of an estoppel in a judicial 
 proceeding ; 
 or when the attesting witness is proved to be dead, insane, be- 
 yond the jurisdiction of the court, or otherwise not pro- 
 ducible after due endeavours to bring him before the court. 
 It will be sufficient generally to prove in these cases the 
 handwriting of the attesting witness (Powell, 307). 
 
 Documents will often be admissible to refresh the memory of Writings that 
 
 a witness, and the witness may give oral evidence accordingrly, '^^"«^" *"^ 
 ' memory. 
 
 after a perusal of their contents : — 
 
 1st. When the writing actually revives in his mind a recollection 
 of the facts to which it refers ; 
 
 2nd. When, although it fail to revive such a recollection, it creates 
 a knowledge or belief in the witness that, at the time when 
 the writing was made, he knew or beUeved it to contain an 
 accurate statement of such facts ; 
 
 3rd. When, although the writing revives neither a recollection 
 
 of the facts, nor of a former conviction of its accuracy, the 
 
 witness is satisfied that the writing would not have been made 
 
 unless the facts which it purports to describe had occurred 
 
 accordingly (Powell, 309). 
 
 Many matters can be proved only by deed or other writing ; Matters re- 
 
 and in such cases, oral evidence, however distinct and direct, is 9""'^^ *° ^^ 
 
 ' ' proved by 
 
 wholly inadmissible (Powell, 313), viz., — writing only. 
 
 Incorporeal rights, such as advowsons, reversions, &c. 
 
 Contracts by corporations, by deed bearing the corporate seal. 
 
 67 In numerous statutory instruments, attestation is essential to their 
 validity, viz. — wills, warrants of attorney, cognovits, agreements and in- 
 dentures of apprenticeship under the Merchant Shipping Act, 1854, instru- 
 ments executed in pursuance of powers, &c. 
 
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'6 Of Evidence before Magistrates. [introd 
 
 Contracts by joint stock companies under special acts (8 & 9 Vict 
 
 c. 16, s. 27 ; 7 & 8 Vict. c. 110, ss. 44, 45, 46 ; 19 & 20 Vict 
 
 c. 47, s. 41). 
 Transference of shares in joint stock companies (8 & 9 Vict. c. 16 
 
 8. 14 ; 19 & 20 Vict. c. 47, ss. 20, 21, 26, 112). 
 Sale of ships (17 & 18 Vict. c. 104, s. 55). 
 Leases or interests in land (29 Car. 2, c. 3, ss. 1, 2, 3 ; 8 & J 
 
 Vict. c. 106, s. 3). 
 Wills (29 Car. 2, c. 3, s. 5 ; 7 Will. 4 and 1 Vict. c. 26 ; 15 & H 
 
 Vict. c. 24). 
 
 Extrinsic evi- The following are established rules as to the admission of oral 
 plain'' '° ^^' evidence to vary or explain written documents : — 
 
 1. Extrinsic evidence is inadmissible to contradict, add to, or sub- 
 
 tract from or vary, the terms of a written instrument. 
 
 2. Extrinsic oral evidence is admissible to prove that another con- 
 
 ti'act not under seal has been discharged, either before ot 
 after breach. 
 
 3. A written instrument cannot be released or avoided by evidence 
 
 of an intrinsically inferior nature. 
 
 4. Extrinsic evidence is admisible to explain written evidence 
 
 (Powell, 331—356). 
 
 (2.) Public Documents. 
 
 Public judicial The courts take judicial notice of numerous facts without 
 
 writings. proof, as— 
 
 The public statutes of the realm ; — their own course of procedure 
 and practice ; — the maritime law of nations ; — the great and 
 privy seals ;■ — ^royal proclamations ; — the almanacs, the divi- 
 sions of the year, and the London Gazette ; but they will not 
 notice the laws or customs of foreign states, and such laws 
 must be proved by skilled witnesses. So also must colonial 
 laws, and the laws of Scotland (Powell, 242). 
 
 Other documents are proved as follow, viz. — 
 Proclamations, by copies printed by the Queen's printer (8 & 9 
 
 Vict. c. 113, s. 1). 
 Acts of parliament, public, by copy. 
 
 Private, local and personal acts, by copy (8 & 9 Vict. c. 113, s. 3). 
 Judgments and verdicts, by certified copy under seal of the Re- 
 cord Office (1 & 2 Vict. c. 94, ss. 12, 13) ; 
 
 Proceedings of Inrolment Office in Chancery, by sealed 
 and certified copies (12 & 13 Vict. c. 109, ss. 13, 
 17); 
 Bankruptcy proceedings, by sealed and certified copies 
 (12 & 13 Vict c. 106, s. 236); 
 
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INTHOD.] Documentary Evidence. 77 
 
 Insolvency proceedings, by sealed and certified copies Public judicial 
 
 (1 & 2 ^'ict. c. 110, ss. 46, 105) ; vpritings. 
 
 County Court proceedings, copy with seal of court, cer- 
 tified by clerk (now registrai-) of the court (9 & 10 
 Vict. c. 95, s. Ill ; 12 & 13 Vict. c. 101 ; 13 & 14 
 Vict. c. 61 ; 15 & 16 Vict. c. 54, and 19 & 20 Vict. 
 0. 108). 
 Former conviction or acquittal on indictment, by certificate or 
 copy of record under the hand of the clerk of the court (7 & 8 
 Geo. 4, c. 28, s. 11 ; 12 & 13 Vict. c. 11, s. 3 ; 14 & 15 Vict. 
 c. 19, s. 2 ; 14 & 15 Vict. c. 99, s. 13). 
 
 [In cases of perjury, see 14 & 15 Vict. c. 100, s. 22.] 
 Former conviction or acquittal in summary convictions ; convic- 
 tion or copy certified by clerk of peace as filed ; acquittal, 
 minute thereof or certificate of dismissal (11 & 12 Vict. c. 43, 
 s. 14 ; 10 & 11 Vict. c. 82, ss. 1, 3, Juvenile Ofienders Act ; 
 18 & 19 Vict. c. 126, s. 12, Criminal Justice Act ; 9 Geo. 4, 
 c. 31, s. 27, Assault Act). 
 Chancery proceedings (see Powell, 250). 
 Writs, by their production. 
 Rules of Court, by ofiice copies. 
 A judge's order, by an ofiice copy, or of the rule making it a rule 
 
 of court. 
 Afiidavits, by ofiice or examined copies. 
 Orders of justices, the originals to be produced. 
 Depositions before magistrates in criminal cases, signed by the 
 witness and magistrate, when the witness is either dead or so 
 ill as not to be able to attend the trial (11 & 12 Viet. c. 42, 
 s. 17) ; see further thereon, part II. chap. 1, post. If lost, 
 proof by copy certified by magistrate's clerk (see 14 & 15 
 Vict. c. 99, s. 14). [Supposing, however, the depositions 
 not to have been completed and signed, the accused being 
 discharged, the minutes taken by the clerk from the witness's 
 own mouth would be evidence in ulterior proceedings.] 
 Prisoner's statement in answer to an indictable charge (see 11 
 & 12 Vict. c. 42, s. 18), it not being necessaiy to be signed by 
 the accused. 
 Depositions before coroners, the originals signed by the coroner 
 
 and the handwriting proved (Powell, 262). 
 Depositions under commissions : as to India, 13 Geo. 3, c. 63, 
 ss. 40, 44; other colonies, 1 Will. 4, c. 22, ss. 4, 5, 7, 10; 
 Powell, 263; foreign courts, 19 & 20 Vict. c. 113. 
 Orders of the superior courts, the original signed by the judge ; 
 the rules, by an ofiice copy (see also 12 & 13 Vict. c. 109, 
 s. 13). 
 Certificates of records of former convictions on indictments (7 & 8 
 
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'° Of Evidence before Magistrates. [intro 
 
 Public judicial Geo. 4, c. 28, s. 11 ; 12 & 13 Vict. c. 11, s. 3 ; 14 & 15 Vi 
 
 writings. p 19, s. 2 ; 14 & ] 5 Yict. c. 99, s. 13 ; 14 & 15 Vict. c. IC 
 
 B. 22). 
 Certificate of chargeability of paupers, if dated within twenty-o 
 
 days previous to being offered in evidence (7 & 8 Vict. c. 10 
 
 s. 69 ; 11 & 12 Vict. c. 110, s. 11). 
 Orders and rules of inferior courts, by a certified copy if in tl 
 
 nature of a record ; if not, by the original books, of whi( 
 
 no secondary evidence is allowed (Powell, 271). 
 Probates — wills, by the originals ; or, if lost, an examined cop 
 
 or an exemplification, or certified copy in the act book, 14 
 
 15 Vict. c. 99, s. 14 (Powell, 274). If the will relates • 
 
 lands, the original will must be produced and proved (a 
 
 1 Vict. c. 26). 
 Awards, by first proving agreement for the reference ; but if sul 
 
 mission be by a rule of court, &c. produce rule or order, an 
 
 then prove award (Powell, 275). 
 Awards under Inclosure Acts (see 9 & 10 Vict. e. 70 ; 10 & 1 
 
 Vict. c. Ill ; 11 & 12 Vict. c. 99, &c.) 
 
 Public non-ju- The proof of public non-judicial documents is now chief!; 
 dicial writings, regulated by the Law of Evidence Amendment Act, 14 & li 
 Vict. c. 99, s. 14, which enacts, that — 
 
 " Whenever any book or other document is of such a public natur 
 as to be admissible in evidence ou its mere production fron 
 the proper custody, and no statute exists which renders it 
 contents provable by a copy, aray copy thereof, or extrac 
 therefrom, shall be admissible in evidence in any court o 
 justice, or before any person now or hereafter having by Ian 
 or consent of parties authority to hear, receive and examini 
 evidence, — 
 
 Provided it be proved to be an examined copy or extract, or pro- 
 vided it purports to he signed and certified as a true ccypy a 
 extract by the officer in whose custody the original is en- 
 trusted ; and which ofiicer is hereby required to furnish sud 
 certified copy or extract to any person applying at a reason- 
 able time for the same, upon payment of a reasonable sum foi 
 the same, not exceeding fourpence for every folio of ninety 
 words," 
 
 The previous act, 8 & 9 Vict. c. 113, s. 1, referred also to 
 public documents; but as the two acts are construed cumu- 
 latively, and as the latter extends to some private documents, it 
 is subjoined (Powell, 278) — 
 
 " Whenever by any act now in force or hereafter to he in force, 
 any certificate, official or public document, or document or 
 
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INTEOD.] Documentary Evidence. 79 
 
 proceeding of any corporation, or joint stock or other com- Public non-ju- 
 pany, or any certified copy of any document, -bye-law, entry dicial writings. 
 in any register or other book, or of any other proceeding, 
 shall be receivable in evidence in any judicial proceeding, the 
 same shall respectively be admitted in evidence, — 
 Provided they purport to be sealed or impressed with a stamp, or 
 sealed or signed alone, as required, or impressed with a stamp 
 and signed as directed by the acts made or hereafter to be 
 made, without any proof of the seal or stamp, where a seal or 
 stamp is necessary, or of the signature, or of the oflficial 
 character of the person appearing to have signed the same, 
 and without any further proof, in every case, in which the 
 original record [^guery "document"] would have been re- 
 ceived in evidence." 
 
 The effect of these enactments, as to documents of a, public 
 nature, is to allow the substitution of certified or examined 
 copies in all cases in which the original, if produced, would be 
 evidence, and they would apply to the following: — 
 
 Parish registers, the original being in the custody of the incum- 
 bent. 68 
 
 Non-parochial registers (see 3 & 4 Vict. c. 92, ss. 9, 17). 
 
 Registers of births and deaths under the superintendence of the 
 registrar general ; see 6 & 7 Will. 4, c. 86, s. 38. 
 
 Registers of marriage under like superintendence (6 & 7 Will. 4, 
 , c. 85 ; 1 Vict. c. 22 ; 3 & 4 Vict. c. 72 ; and 19 & 20 Vict. 
 c. 119, s. 17). 
 
 Man'iages in registered buildings or dissenting chapels (15 & 16 
 Vict. c. 36 ; 19 & 20 Vict. c. 119, s. 24). 69 
 
 Xetters-patent, by copies, or extracts certified and sealed by the 
 commissioner or other ofiicer (16 & 17 Vict. c. 115, ss. 4, 5). 
 
 Copyright in hooks, by certified copy of entry in books at Sta- 
 tioners' Hall (5 & 6 Vict. c. 45, s. 11 ; international copy- 
 right, 7 & 8 Vict. c. 12, s. 8). 
 
 Registration of designs, copy certified and sealed by registrar 
 (13 & 14 Vict. c. 104, s. 14). 
 
 Poll books, oiEce copies issued by clerk of the crown (6 & 7 Vict, 
 c. 18, s. 94). 
 
 68 In cases of marriage, the register, as supra, with evidence of identity 
 of the parties, either by proving their handwriting, or by a witness who was 
 present at the ceremony, will be necessary also. As to Irish marriages, see 
 7 & 8 Vict c. 81, ss. 52, 71. As to marriages before British consuls abroad 
 since 1848, see 12 & 13 Vict. u. 68 ; Indian marriages, 14 & IS Vict. c. 40, 
 s. 22. 
 
 69 As to proof of marriage in a dissenting chapel under this act, see the 
 case of Seg.v. Mainuiaring, 26 L. J.(N.S.) M. C. 10; 1 Dears. & Bell, C. C. 
 132. 
 
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80 Of Evidence before Magistrates. [intro] 
 
 Public non-ju- Shipping registers (17 & 18 Vict. c. 104, ss. 107,. 277). 
 
 dicial writings. Corporation books, if entries of a public nature, by examined : 
 
 certified copies (see 14 & 15 Vict. c. 99, s. 14). [The se 
 of the corporation of London proves itself, and so does tl 
 seal of the Apothecaries Company, under 14 & 15 Vict. c.9l 
 s. 8.] 
 Joint stock companies' books, registers, title to shares, proceeding 
 &c. (7 & 8 Vict. c. 110, ss. 33, 36, 37, 51, 52; 8 & 9 Vic 
 c. 113, s. 1 ; 14 & 15 Vict. c. 99, s. 14), by the original 
 or copies certified, with proof of the genuineness of the sei 
 (19 & 20 Vict. c. 47, ss. 21, 26, 40, 65, 81, 112, 115; 2 
 & 21 Vict. c. 14, s. 4). 
 Banking companies, of proprietorship (7 & 8 Vict. c. 113, ss. 3( 
 
 40 ; 9 & 10 Vict. c. 75 ; 20 & 21 Vict. c. 49). 
 Poor law commissioners' orders, by production thereof (7 & 
 Vict. c. 101, s. 71 ; but see s. 72, and 10 & 11 Vict. c. 10£ 
 s. 25). 
 Bye laws, rules or regulations of different authorities may t 
 proved by examined copy (14 & 15 Vict. c. 99, s. 14), viz.- 
 of corporation of boroughs (5 & 6 Will. 4, c. 76, s. 90) 
 of justices or other local authority in relation to commo 
 
 lodging houses (14 & 15 Vict. c. 28, s. 9). 
 of local boards of health (11 & 12 Vict. c. 63, ss. IIS 
 
 116). 
 of railway companies (8 & 9 Vict. c. 20, ss. 108, 109 
 110, 111); but the seal to the bye laws need no 
 be proved (8 & 9 Vict. c. 113, s. 1). 
 Bills of lading, see 18 & 19 Vict. c. Ill, ss. 1, 2, 3. 
 Reformatory schools (19 & 20 Vict. c. 109, ss. 8, 10). 
 Industrial schools (20 & 21 Vict. c. 48). 
 
 Rules made by friendly societies (18 & 19 Vict. c. 63, s. 30) 
 loan societies (3 & 4 Vict. c. 110, ss. 4, 5, 7), buildinj 
 societies (6 & 7 Will. 4, c. 32, ss. 1, 3, 7), and industria 
 and provident societies (15 & 16 Vict. c. 31, s. 8). 
 
 (3.) Foreign and Colonial Laws, ^c. 
 
 The 14 & 15 Vict. c. 99, s. 7, regulates the admission of evi 
 dence of foreign and colonial laws, judgments, &c., althougl 
 foreign and colonial judgments and other proceedings may stil 
 be proved as before this statute, by examined copies (Powell 
 249). That act enacts, that— 
 
 " All proclamations, treaties, and other acts of state of anyforeigi 
 state, or of any British colony, and all judgments, decrees 
 orders, and other judicial proceedings of any court of jnstici 
 
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iNTHOD.] • Documentary Evidence. 81 
 
 in any foreign state, or in any British colony, aiid all afR- Foreign and 
 davits, pleadings, and other legal documents filed or depo- colonial laws, 
 sited iifany such court, may be proved in any court of justice, 
 or before any person having by law, or by consent of parties, 
 authority to hear, receive and examine evidence, either by 
 examined copies, or by copies authenticated as hereinafter 
 mentioned ; that is to say, — 
 If the document sought to be proved be a proclamation, treaty, or 
 other act of state, — the authenticated copy, to be admissible 
 in evidence, must purport to be sealed with the seal of the 
 foreign state or British colony to which the original docu- 
 ment belongs ; — 
 And if the document sought to be proved be a judgment, decree, 
 order or other judicial proceeding of any foreign or colonial 
 court, or an affidavit, pleading or other legal document 
 filed or deposited in any such court, — the authenticated copy, 
 to be admissible in evidence, must purport to be sealed with 
 the seal of the foreign or colonial court to which the original 
 document belongs, — or in the event of such court having no * 
 seal, to be signed by the judge, — or if there be more than one 
 judge, by any one of the judges of the said court, — and such 
 judge shall attach to his signature a statement in writing on 
 the said copy, that the court whereof he is a judge has no 
 seal : — 
 But if any of the aforesaid authenticated copies shall purport to 
 be sealed or signed as hereinbefore respectively directed, the 
 same shall respectively be received in evidence, without any 
 proof of the seal, where a seal is necessary, or of the signa- 
 ture, or of the statement attached thereto, where such state- 
 ment or signature is necessary, or of the judicial character 
 of the person appearing to have made such signature and 
 statement." 
 
 Foreign laws, as before stated, must be proved by skilled 
 vcitnesses, and the courts will not take judicial notice of them, 
 but require them to be proved as ordinary facts (Powell, 249). 
 
 As to marriages before British consuls abroad since 1848, 
 see 12 & 13 Vict. c. 68, ss. 17, 18. 
 
 As to marriages in India, see 14 & 15 Vict. c. 40, s. 22. 
 
 As to evidence taken in this country in relation to actions or 
 suits in foreign countries, see 19 & 20 Vict. c. 113. 
 
 As to the evidence and depositions against persons com- 
 mitting certain offences in France, and flying to this country, see 
 6 & 7 Vict. c. 75, s. 2 ;— or in America, see 6 & 7 Vict. c. 76, 
 
 d.s. G 
 
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82 Of the Office of Clerk to the Justices and his Fees, .[introi 
 
 s. 2 ; 8 & 9 Vict. c. 120, s. 1 ; — or in our colonies, see 6 & 
 Vict. c. 34, s. 4 ; — or for offences on board British ship 
 abroad, see 17 & 18 Vict. c. 104, s. 270. 
 
 VI. Of the Office of Clerk to the Justices and ma 
 
 Fees. 
 
 1. Appointment of Clerk to Justices. 
 
 2. Fees of Clerk to Justices. 
 
 3. Recovery of Fees. 
 
 1. Appointment of Clerk to Justices. 
 
 Their appoint- The appointment of clerk to the justices of petty sessions ii 
 
 tenur^"f ffice '""^'^'''^^ '® entirely within the discretion of the justices of th: 
 
 in counties. division themselves ; it rests vrith themselves alone, and \k 
 
 » clerk holds his office at their pleasure, having no freehoh 
 
 interest in it, and being entitled to no compensation upon re 
 
 moval. 70 It is usual to appoint attorneys to the office, am 
 
 then only one person, or two if partners, and this is now tiii 
 
 more advisable, as since the decision in the case of Ex parti 
 
 Sandys, sup7'a, the office of " clerk to the petty sessions" o 
 
 divisions has been expressly recognized by several statutes; foi 
 
 it would be very inconvenient to have two or more clerki 
 
 resident at different places in the division with whom publi( 
 
 documents are to be deposited, and to whom the Home Offic( 
 
 would look for the numerous returns required of them fron 
 
 time to time for parliament, as well as inconvenient to thi 
 
 Office recog- public. The office of " clerk of petty sessions," or clerk to th( 
 
 nized by many justices of divisions, the tenure of which ought to be settled bj 
 
 legislative enactment, has been recognized in the foUowint 
 
 statutes, amongst others, by many of which returns are requirec 
 
 to be made by them to the clerk of the peace or secretary o 
 
 State for the- Home Department 71 : — ■ 
 
 Jurors Act (6 Geo. 4, c. 50, s. 10) ; 
 
 70 Vide Ex parte Sandys, 4 B. & Ad. 863 ; 1 Nev. & M. 591 i where ai 
 attorney moved for a criminal information against certain justices foi 
 having maliciously and without reasonable cause removed him from thi 
 office of clerk of the petty sessions for a certain division of the county o 
 Kent, the court refused it, saying, that " a clerk to justices has no lega 
 hold upon his office, he is only appointed to assist the justices ; it is ai 
 office during pleasure, like that of a vestry clerk." 
 
 71 By many of the statutes here enumerated no fees are payable to thi 
 
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INTROD.] Appoitmnent of Clerk to Justices. °^ 
 
 Poor Law Amendment Act (4 & 5 Will. 4, c. 76, s. 18) ; 
 
 General Highway Act (5 & 6 Will. 4, c. 50, s. 110) ; 
 
 Parish Constables' Acts (5 & 6 Vict. c. 109, ss. 14, 17 ; and 13 & 
 
 14 Vict. c. 20, s. 4) ; 
 Theatre Licences (6 & 7 Vict. c. 68, ss. 5, 6) ; 
 Bastardy Act (7 & 8 Vict. c. 101, ss. 5, 11) ; 
 Juvenile Offenders' Act (10 & 11 Vict. c. 82, ss. 6, 15) ; 
 Sir John Jervis's Act (11 & 12 Vict. c. 43, ss. 30, 31) ; 
 Public Health Act, 1848 (11 & 12 Vict. c. 63, ss. 9, 10) ; 
 Orders for Removal of Poor (11 & 12 Vict. c. 31, s. 3) ; 
 Highways Expenditure (12 & 13 Vict. c. 35, s. 1) ; 
 Killing Hares Act (11 & 12 Vict. c. 29, s. 2) ; 
 Petty Sessions Act (12 Vict. c. 18, s. 1) ; 
 Poor Relief Act (13 & 14 Vict. c. 101, s. 7) ; 
 Criminal Justice Act (18 & 19 Vict. c. 126, s. 9) ; 
 Customs Act (16 & 17 Vict. c. 107, Schedules; 19 & 20 Vict. c. 
 
 75, Schedule) ; 
 Expenses of Prosecution Act (14 & 15 Vict. c. 55, s. 9) ; 
 Summary Proceedings, Appeals (20 & 21 Vict. c. 43, s. 3), 
 And the Annual Mutiny Acts. 
 The justices of every borough within the Municipal Cor- Their appoint- 
 poration Act, 5 & 6 Will. 4, c. 76, to which a separate com- jougi,g. 
 mission of the peace shall be granted, shall appoint a fit person 
 (not being an alderman or councillor of such'borough, or clerk 
 of the peace, or partner of such clerk of the peace, or clerk or 
 person in his employ) to be clerk to such justices, and to be 
 removable at their pleasure ; and the clerk so appointed shall not to act in 
 not " by himself or partner be directly or indirectly interested P™*^*^" 
 or employed in the prosecution of any offender committed for 
 trial by the justices of whom he shall be such clerk as aforesaid, 
 
 justices' clerk for the duties required of him, nor is there any power to 
 remunerate him for his trouble or expense ; and Mr. Greaves, in his edition 
 of the Juvenile Offenders Act, 10 & 11 Vict. c. 82, in a note upon the 11th 
 section, which requires clerks of the peace to transmit a monthly return of 
 convictions to the Secretary of State, makes some pertinent remarks : " We 
 cannot help animadverting upon the injustice of calling upon clerks of the 
 peace to make such returns as these, without any remuneration for so doing. 
 It has become far too common in modern statutes to cast additional burthens 
 upon public officers for some,supposed speculative beneSt, which may accrue 
 from a return of some kind or other, without sufficiently considering the 
 inconvenience to which such officers are thereby subjected, or the inter- 
 ference which may thereby be caused with the execution of the proper 
 duties incumbent upon such officers. Wherever such returns are required, 
 it should be first ascertained that the public officer has spare time in which 
 they may be made ; and, secondly, a proper remuneration should be pro- 
 vided, as the remuneration already received by such officers is in respect of 
 duties not including the making such returns." (See post, pp. 85, 86.) 
 
 q2 
 
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84 
 
 Their appoint- 
 ment in the 
 metropolis. 
 
 Duties of 
 clerks. 
 
 Of the Office of Clerk to the Justices and his Fees, [introd 
 
 or any of them, at any court of goal delivery or general quartei 
 sessions" (Id. s. 102). 
 
 The appointment of clerks to the police courts within th( 
 metropolitan police district is vested with the secretary of state 
 " and no person shall hereafter be appointed chief clerk in anj 
 of the said courts unless he shall be an attorney of one of hei 
 majesty's superior courts of law at Westminster, or shall hav( 
 served as clerk in one or more of the said police courts or offices, 
 or as clerk to the justices of any division or special or pettj 
 sessions within the metropolitan police district, during at least 
 seven years" (2 & 3 Vict. c. 71, s. 5). The appointment ic 
 the city of London rests with the aldermen as justices. 
 
 The duties of justices' clerks in general have been before 
 stated under the head relative to the constitution and manage- 
 ment of benches of magistrates. 
 
 Fees to jus- 
 tices' clerks in 
 counties ; 
 
 — how regu- 
 lated, in coun- 
 ties. 
 
 2. Fees of Clerk to Justices. 
 
 The remuneration of the clerk to the justices of petty sessions 
 of counties, as well as of boroughs, takes place through the 
 medium of certain fees to which he is entitled in respect of the 
 various matters in which his services are required, or to which 
 the justices of the division or borough attach their signature, 
 and being paid by the parties applying, except where directed 
 by statute to the contrary. 
 
 The amount of these fees was formerly regulated by the 26 
 Geo. 2, c. 1^, s. 1 ; 57 Geo. 3, c. 91 , and in many counties the 
 tables made under those acts are the only ones now in force. 72 
 Jervis's Act, 11 & 12 Vict. c. 43, also contains a clause (s. 30), 
 authorizing the justices of counties, &c., and the council or 
 other governing body of boroughs, from time to time to settle 
 tables of fees to the clerks of the peace, the clerks of special 
 and petty sessions, and to the clerk of the justices, which are to 
 be laid before her majesty's secretary of state for alteration and 
 approval ; and by sect. 9 of 14 & 15 Vict. c. 55, clerks of the 
 
 72 The 26 Geo. 2, c. 14, requires that the table shall be made at a par- 
 ticular quarter sessions, and approved " by the justices of the peace at the 
 next succeeding quarter sessions of the peace." Iq Bowman v. Blyth (26 
 L.J. (N.S.) M. C. 57; in error, 27 Id. p. 21 ; 3 Jur. (N.S.) 359; 28LawT. 
 159 ; 22 J. P. 5) it was held that the act had not been complied with by the 
 approval of the table at an, adjourn'ed sessions, and therefore an action was 
 not maintainable against the justices' clerk for taking a larger fee than that 
 allowed by the table. 
 
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iNTROB.] JFees of Clerk to Justices. 85 
 
 justices, &c. may be paid by salaries instead of fees, and in that 
 case they are to account for the fees received. (Id. s. 10.) And 
 justices may remit fees on account of poverty or other reason- 
 able cause (s. 12). 
 
 There are other statutes which empower the quarter sessions 
 to settle the fees for certain particular duties, viz., — Constables' 
 Act, 5 & 6 Vict. c. 109, s. 17 j Theatres Act, 6 & 7 Vict. c. 68 ; 
 Bastardy Act, 7 & 8 Vict. c. 101, s. 11, and the Juvenile Of- 
 fenders' Act, 10 & 11 Vict. c. 82, s. 14 ; but the justices have 
 not everywhere availed themselves of these powers, and hence 
 the clerks go sometimes unpaid. 
 
 Several statutes give a scale of fees to be taken by the clerks Scale of fees 
 to the justices upon proceedings under them, instead of, or 8.'^^" ^y P*""' 
 in addition to, those settled under the general powers before 
 noticed, viz. : — Under the titles 
 
 Alehouses (9 Geo. 4, c. 61, s. 15), and 5 & 6 Vict. c. 44, s. 3, for 
 licences, &c. ; 
 
 Billiards (8 & 9 Vict. c. 109, s. 10), for licences, &o. ; 
 
 Customs (16 & 17 Viet. c. 107 ; 19 & 20 Vict. c. 75) ; [Vide 
 " Oke's Magisterial Formulist," 2nd ed., pp. 244, 245, 552.] 
 
 Highioays (5 & 6 WiU. 4, c. 50, s. 110), for informations, sum- 
 monses, &c., and 12 & 13 Vict. c. 35, s. 1, for returns of 
 expenditare, &c. ; 
 
 Indictable Offences ^ll & 12 Viet. c. 42, s. 27), for copies of 
 depositions for accused ; 
 
 Master and Servant (20 Geo. 2, c. 19, s. 2 ; 31 Geo. 2, c. 11, and 
 4 Geo. 4, c. 34, s. 3), that the " discharge" of a servant must 
 be given under the hand and seal of the justice gratis. 
 
 Mutiny Act (annual), for attesting, &c. recruits ; 
 
 Poor Removal Orders {II & 12 Vict. c. 31), for copies of deposi- 
 tions for parish officers ; 
 
 Poor Law Amendment Act (4 & 5 Will. 4, c. 76, s. 18), for copies 
 of orders of poor law commissioners deposited with them ; 
 
 Summary Proceedings, Appeals (20 & 21 Vict. c. 43, s. 3, 
 Schedule) ; 
 
 Swearing (19 Geo. 2, c. 21, s. 14), for the information, summons 
 and conviction. Is. ; 
 
 Theatres (6 & 7 Vict. c. 68, s. 6), for licence, &c. 
 
 In addition to the instances before mentioned,— in which a Duties for 
 table of fees to justices' clerk ma^ be framed by the quarter ^^^"^ °? ^^^ 
 sessions for general duties,— where that may be done under "^ I"^''"'^*'^' 
 particular statutes,- and where certain statutes have limited 
 the amount of fees to be taken for particular duties,— there are 
 
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86 Of the Office of Clerk to the Justices and his Fees, [introi 
 
 many other services required of the clerks by statute, for whia 
 the general table in force does not in most counties provide an; 
 remuneration whatever, viz. 73 
 
 Appointing special constables (1 & 2 Will. 4, c. 41) ; 
 
 Fixing special sessions for the highways, and precepts, &c. therec 
 
 (5 & 6 Will. 4, c. 50, s. 45) ; 
 Hearing appeals against parochial rates, precepts of special ses 
 
 sions, &c. (6 & 7 Will. 4, c. 96), payable to overseers out o 
 
 poor rate (13 & 14 Vict. c. 101, s. 7); 
 Duplicate orders in bastardy and appointment of guardians, fo 
 
 clerk to board of guardians of union (7 & 8 Vict. c. 101 
 
 s. 5) ; 
 Register of authorities to kill hares, and entering, &c. same (i; 
 
 & 12 Vict. c. 29, s. 2) ; 
 Monthly returns of jines, &c. in summary convictions and order 
 
 (11 & 12 Vict. c. 43, 8.31); 
 Heceiving and keeping documents under Public Health Act (11 
 
 & 12 Vict. c. 63, ss. 9, 10) ; 
 Numerous returns under the Game Laws, &o., from time to tiini 
 
 required by the Secretary of State and Houses of Commoni 
 
 or Lords. 
 
 In all such cases, — i. e., magisterial business not included ir 
 the tables in force, and not provided for by particular statutes,— 
 legal opinions seem agreed that justices' clerks are entitled to 
 reasonable fees, and may legally demand and recover them. 74 
 Fees to bo- The fees to the clerks of borough justices are made and 
 
 clerks.^"^ ^"^^ settled by the council of the borough under 5 & 6 Will. 4j 
 c. 76, and afterwards confirmed and allowed by the Secretary 
 of State (s. 124). 
 
 3. Recovery of Fees. 
 
 The party The party liable to the clerks to the justices, however ap- 
 
 iustices' clerk Pointed, for the amount of their fees allowed or sanctioned for 
 
 for his fees. the particular business is, except where otherwise directed by 
 
 statute to the contrary, the person who made the application or 
 
 instituted the proceedings in respect of which the fee is due, 
 
 and the proper way is not to give any credit, but insist upon 
 
 payment at the time 75, and refuse to do the act required until 
 
 73 yide note 71, ante, pp. 82, 83. 
 
 74 See Bowman v. Blyth, Note 72, ante, p. 84. 
 
 75 Wray v. Chapman, 12 L. J. (N. S.) M. C. 155; H Law T. 439; » 
 J. P. 95. 
 
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INTROD.] Recovery of Fees. 87 
 
 payment. In the latter case two questions were raised; the 
 first, decided to the above effect, and that constables and other 
 public functionaries, who, in the discharge of their duties, have 
 occasion to resort to magistrates, cannot require summonses, 
 warrants, and other proceedings to be granted upon their ap- 
 plication without the payment of the usual and proper fees to 
 the magistrate's clerk 76;— and the second question decided 
 was, that the clerks to the justices acting for a part of the 
 metropolitan police district, for which no police court had been 
 established, were not entitled to retain the fees payable for sum- 
 monses, &c., applied for by police constables acting under the 
 directions of the commissioners of police, as against the Re- 
 ceiver for the district, out of the fines payable to him under the 
 Metropolitan Police Acts, and that they had no remedy of any 
 kind against the Receiver. 
 
 The party applying,— whether as informer suing for a penalty,. 
 as complainant for wages or damage to property, as prosecutor 
 for an indictable offence, as defendant to an information or 
 complaint, or as a public officer, — must consequently in all cases 
 be liable to the payment of the justices' clerk's fees in respect of 
 the proceedings which they respectively institute, and for these 
 additional reasons ; — as informer or complainant, where the de- Informer or 
 fendant is adjudged to pay the costs of the conviction or order, complainant, 
 whether it be recovered from his defendant or not, for the same 
 is legally payable by the conviction or order to no one but the 
 informer or complainant ; or where the information or complaint 
 is dismissed ; — as prosecutor of an indictable offence, for in all Prosecutor in 
 felonies, and in certain specified misdemeanors (7 Geo. 4, c. 64, '"dictable 
 ss. 22, 23; 14 & 15 Vict. c. 55, ss. 1, 3), the amount is repaid 
 him by an order of the C9urt where the offender is tried ; but if 
 no committal for trial takes place, or no costs are allowed by 
 the county for the prosecution, the prosecutor's liability cannot 
 be altered; — as defendant for an information or complaint for a Defendant 
 summary or an indictable offence, where he obtains summonses 
 for witnesses, or has witnesses examined on his behalf, and the 
 charge is dismissed or not ; for, if for a summary conviction or 
 order, and the complaint be dismissed with costs to be paid by 
 the informer or complainant, the costs, including the clerk's 
 fees, are legally payable to no one "else but the defendant, and 
 
 76 The fees for proceedings at the instance of borough police constables 
 are under 5 & 6 Will. 4, c. 76, s. 92, payable out of the borough fund (iJ. v. 
 Gloucester, 13 Law J. (Q. B.) 233). 
 
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88 Of the Office of Clerk to the Justices and his Fees, [introi 
 
 in all indictable offences the defendant must bear his own cos) 
 in defending the charge, they not being repaid him from an 
 Public officer, source ;— and as public officer, such as overseer of the poor, o 
 surveyor of the highways, where they apply for the magistrate' 
 allowance of rates, or for recovering rates from defaulters, thei 
 appointments, and the appointments of constables, the sam 
 being allowed in their accounts (5 & 6 Vict. c. 109, s. 17);- 
 ConstaUes. or as constables in prosecuting vagrants, or exercising othe 
 
 duties, the same being allowed them by the parish. 77 
 The remedy for The liability of the party to pay the fees being now esta 
 recovering the ^jiighed, it is clear that justices' clerks may enforce the paymeni 
 when necessary, by the ordinary methods {p^r Erie, J., i 
 Wray v. Chapman, ante, p. 86) ; the method applicable bein 
 summonses from the county court 78 of the district where th 
 defendant resides, or wherein the cause of action (the wor 
 done for which the fees are due) arose (9 & 10 Vict, c, 95, s. 6( 
 and see 13 & 14 Vict. c. 61, s. 1), the justices having no powe 
 to enforce the payment from the party liable to the justicei 
 clerk, (although this power is assumed in the 14 & 15 Vici 
 c. 55, s. 12,) or to order that the clerk shall not receive hi 
 usual fees. 
 
 77 R. V. Chelmsford, 12 L. J. (N. S.) M. C. 139 ; 5 Ad. & E. (N.S.) 66 
 3 Gale & D. 357 ; 7 J. P. 432, 447 ; .Wray v. Chapman, Note 75, onto, p. 81 
 
 78 Two more recent cases have been heard in the county courts, an 
 judgment given for the amount of the clerks' fees i one in the count 
 court at Winchester, against an informer, where the defendant to the it 
 formation suffered the imprisonment adjudged by the convicting magistraU 
 without paying penalty or costs {Drew v. Harris, 14 J. P. 26; 3 Count 
 Court Chron. 70) j and the other in the county court at Coventry, again 
 overseers of the poor for fees for appointing special sessions for hearin 
 appeals against parochial rates under 6 & 7 Will. 4, c. 96, as allowed in tl 
 table of fees, this judgment being opposed to the opinion of the poor la 
 board ( Wilmot v. The Overseers of Foleshill, 14 J. P. 403 ; 2 Magistrate, 100 
 The 13 & 14 Vict c. 101, s. 7, has since settled the overseers' liability I 
 pay the justices' clerk his fees in these cases. 
 
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PART I. 
 
 AS TO SUMMARY CONVICTIONS AND ORDERS. 
 
 CHAPTER I. 
 
 THE LAW AND PRACTICE OF PROCEDUKE IN GENERAL. 
 
 The law and practice of procedure before justices of the peace Preliminary 
 out of quarter sessions, with respect to summary convictions ol)se'^vat">ns. 
 and orders 1, are governed and regulated principally by 
 Jervis's Act, 11 & 12 Vict. c. 43, which came into operation 
 on the 2nd of October, 1848, and otherwise by provisions in 
 the several acts of parliament giving cognizance of the offences 
 or matters of complaint. That act repealed the previous acts on 
 the subject 2, and its provisions have been generally incor- 
 porated in subsequent penal statutes 3. 
 
 1 The practical distinction between a conviction and an order is this: — 
 the former is the record of an affirmative adjudication upon an information 
 for an offence or act punishable either by a penalty or imprisonment ; the 
 latter is (now) also the record of a like determination upon a complaint for 
 non-payment of a sum of money, or for the doing of some other thing. 
 
 2 ^cts repealed.'] By section 36 the following statutes and parts of statutes 
 were repealed from the 2nd day of October, 1848, viz. — whole statutes, 3 
 Geo. 4, c. 23, and 5 Geo. 4, c. 18 ; so much of statutes 18 Eliz. c. 5, s. 1, as 
 relates to exhibiting an information, and pursuing the same in person, and 
 not by an attorney or deputy; 31 Eliz. c. 5, s. 5, as relates to the time 
 limited for exhibiting an information for a forfeiture upon any penal statute ; 
 27 Geo. 2, i;. 20, ss. 1, 2, as relates to distresses by warrants; 18 Geo. 3, c. 19, 
 ss. I, 2, 3, 5, as relates to costs on complaints before justices; 33 Geo. 3, 
 c. 55, s. 3, as relates to the execution of distress warrants; 6 & 7 Will. 4, 
 c. 114, s. 2, as relates to the right of persons accused, in cases of summary 
 convictions, to make their defence and to have all witnesses examined and 
 cross-examined by counsel or attorney; and all other act or acts or parts 
 of acts which are inconsistent with the provisions of this act, save and ex- 
 cept so much of the said several acts as repeal any other act or parts of 
 acts, and also except as to proceedings now pending to which the same or 
 any of them are applicable. 
 
 3 Army and Navy Mutiny Acts, 20 Vict c. IS, s. 97, c. 14, s. 86 ; Lunatic 
 Act, 16 & 17 Vict. c. 97, ». 127; Merchant Shipping Act, 17 & 18 Vict, 
 c. 104, s. 518, art. 3 ; Nuisances Act, 18 & 19 Vict. c. 121, s. 38 ; Vaccina- 
 tion Act, 16 & 17 Vict. c. 100, s. 12; Inclosure Act, 20 & 21 Vict. c. 31, 
 s. 12 ; Industrial Schools Act, 20 & 21 Vict. c. 48, o. 19 ; and others relating 
 to the metropolis. 
 
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90 Summary Convictions and. Orders. [part 
 
 The preamble of the statute 11 & 12 Vict, c, 43, which L 
 effected great alterations and improvements upon the old pra 
 tice, recites that " it would conduce much to the improveme 
 " of the administration of justice within England and Wah 
 " so far as respects summary convictions and orders to 1 
 " made by her majesty's justices of the peace therein, if tl 
 " several statutes and parts of statutes relating to the duties i 
 " such justices, in respect of such summary convictions ai 
 " orders, were consolidated, with such additions and alteratioi 
 " as may be deemed necessary, and that such duties should 1 
 What 11 & 12 " clearly defined by such positive enactment ;" — and the statu 
 Vict. c. 42, ap- applies, with some exceptions hereafter noticed, to " all casi 
 " where an iriformation shall be laid before one or more of hi 
 " majesty's justices of the peace for any county, riding, divisioi 
 " liberty, city, borough or place within England or Wales, thi 
 " any person has committed, or is suspected to have committe( 
 " ani/ offence or act within the jurisdiction of such justice ( 
 " justices for which he is liable by law, upon a summary coi 
 " viction for the same before a justice or justices of the peao 
 " to be imprisoned or fined, or otherwise punished;" — and ah 
 to " all cases where a complaint shall he made to any sue 
 "justice or justices upon which he or they have or shall ha\ 
 " authority by law to make any order for the 'payment i 
 " money or otherwise" (sect. 1) ; — and which section, aftf 
 providing for the issue of the summons to the defendant and ii 
 service in such cases, contains a proviso that nothing in tli 
 statute " shall oblige any justice or justices of the peace to issu 
 " any summons in any case where the application for any ordt 
 Matters ex- " of justices is by law to be made ex parte." 4 The 35t 
 cepted. section, however, excludes from its operation several matter 
 
 by enacting " that nothing in this act shall extend or be cor 
 " strued to extend — 
 
 " To any warrant or order for the removal of any poor person, wli 
 is or shall become chargeable to any parish, township ( 
 place ; 5 
 
 4 Amongst the other orders here referred to are the following ■.—otit\ 
 of removal of paupers and lunatics (excepted, however, from the operatic 
 of the act by sect. 35, supra) ; on overseers for constables and justices clerk 
 fees (5 & 6 Vict. c. 109, s. 17) ; on county treasurer (27 Geo. 2, c. 3, s. 1 
 1 & 2 Will. 4, „. 41, s. 13 ; 11 & 12 Vict. c. 42, ss. 22, 26 ; 10 & 11 Vic 
 c. 82, s. 15) ; on railway company (1 & 2 Vict. c. 80); and under s. 21 ' 
 the Divorce Act, 20 & 21 Vict. c. 85. 
 
 5 See title " Poor;' in Part 111. of this work. 
 
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CHAP. I.] Law and Practice of Procedure in General. 91 
 
 Nor to any complaints or orders made with respect to lunatics, or Matters ex- 
 tlie expenses incurred for the lodging, maintenance medi- cepted. 
 cine, clothing or care of any lunatic or insane person ; 6 
 
 Nor to any information or complaint or other proceeding under 
 or by vii'tue of any of the statutes relating to her majesty's 
 revenue of excise or customs, stamps, taxes or post of- 
 fice;? 
 
 Nor shall anything in this act extend or be construed to extend 
 to any complaints, orders or warrants in matters of bastardy 
 made against the putative father of any bastard child, save 
 and except such of the provisions aforesaid as relate to the 
 backing of warrants for compelling the appearance of such 
 putative father, or warrants of distress, or to the levying of 
 sums ordered to be paid, or to the imprisonment of a defend- 
 ant for nonpayment of the same ; 8 
 
 Nor shall anything in this act extend to any proceedings under 
 the acts of parliament regulating or otherwise relating to 
 the labour of children and young persons in mills or facto- 
 ries." 9 
 
 Many doubts have from time to time been raised as to the Doubts raised 
 
 applicability of the statute 11 & 12 "Vict. c. 43, to proceedings *^ip°bmty^o"f 
 
 in certain cases; and it was generally considered that the cases u & 12 Vict. 
 
 to which it applied (vide the 1st sect., ante, p. 90) were all c. 43, to cer- 
 
 . „ . 1 !• t^'" cases, 
 
 summary convictions upon mformations not excepted from the 
 
 operation of the act by the 35th section before noticed, and all 
 complaints, where the statutes under which the. complaint is 
 framed expressly require an order for payment of money or 
 otherwise to be made, and to none others. But its pro- 
 visions have been held by the Court of Queen's Bench not to 
 be so limited, for in a case in the year 1851-2, 10 it was decided 
 that an adjudication or award by justices, of compensation to a 
 
 6 See title "Lunatics," in Part III. of this work. 
 
 7 The statutes here referred to will be found under the titles " Beer^ 
 houses," " Customs," " Game,'* " Hawkers and Pedlars" " Post Horses,** 
 " Post Office,*' and " Stage Coaches.*' In a recent case {R. v. Bakewell, 26 
 L. J. (N.S.) M. C. 150 ; 21 J. P. 357) it was held, with reference to a con- 
 viction under s. 8 of the Beer Act, 4 & 5 W'ill. 4, c. 85, that this exception 
 does not apply where the particular information or complaint proceeds upon 
 a section of a- statute not relating to the revenue of excise, &o., although 
 there are other sections in the statute which do relate to the revenue of 
 excise, ifec. ; and that a conviction, under the section referred to, in the 
 Form I. 1 in the 11 & 12 Vict, c. 43, was valid. 
 
 8 The statutes upon the subjects here referred to are in title "Bastards,** 
 Part III. of this work. 
 
 9 The statutes upon the subject are in title " Factories." 
 
 10 Reg- v. Leeds and Bradford Railway Company (re James Edmundson), 
 21 L. J. (N.S.) M. C. 193 ; 15 J. P. 674 j 17 Q. B. 67 ; 18 A. & E. 343. 
 
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92 Summary Convictions and Orders. [part i. 
 
 To what cases landowner under the 8 & 9 Vict. c. 18, ss. 22, 24 (which say 
 "43 l^ ^liel' noting about an order), is an order for the payment of money 
 , app les. ^.^j^.^ ^^^ meaning of the. 11 & 12 Vict. c. 43. It will be 
 necessary to give the reasoning of the learned Chief Justice 
 (Lord Campbell ), as it will have an important bearing on 
 similar statutes : he is reported (15 J. P. 674) to have 
 said : — 
 
 " The meaning of the phrase, ' such complaint' in the 11th section 
 of 11 & 12 Vict. c. 43, must be ascertained by reference to 
 the 1st section, which shows that the act applies ' to all cases 
 where a complaint shall be made to any such justice or jus- 
 tices of the peace, upon which he or they have or shall have 
 authority by law to make any order for the payment of 
 money or otherwise.' Then, is this an order for the pay- 
 ment of money ? I do not see any reason for doubting it. 
 The order is made under 8 & 9 "Vict. c. 18, ss. 22, 24, which 
 gives the magistrates exclusive jurisdiction when the demand 
 is under £50. It is true, that these sections do not say any- 
 thing expressly about an order, but when the mode of re- 
 covery is provided for in 8 & 9 Vict. c. 20, s. 140, it is 
 enacted, that if the amount ascertained by the justices be not 
 paid, it may be recovered by distress, and ' the justices by 
 whom the same shall have been ordered to he paid, or either 
 of them, &c. shall issue their or his warrant accordingly.' 
 It has been contended, that these provisions do not give an 
 authority to make an order, but only to make an award ; what 
 they do is to empower the justices to make an award, and to 
 direct payment of the sum awarded. It was also urged, that 
 the machinery of the 11 & 12 Vict. c. 43, cannot apply to 
 the case of a railway company. It is not necessary, how- 
 ever, in order that the statute apply to a class of cases, that 
 all the machinery provided by it should apply to every case 
 that may be ranged in that class ; it is sufficient, if a portion 
 of that machinery sufficient to enforce the decision be appli- 
 cable, and that is so in this case, because a warrant of distress 
 may be issued against the goods of the company." 11 
 
 If the 11 & 12 Vict. c. 43, will, therefore, apply, besides the 
 cases where the statutes expressly mention a conviction or order, 
 
 11 In April, 1852, the same case came before the same court (vide 16 
 J. P. 631), when the same decision was given ; Erie, J., on the point in 
 question, observing, " When the justices, under the 8 Vict t. 18, settle the 
 amount of compensation to be paid, they appear to me to order it to be paid. 
 That is made more clear by s. 140 of the 8 Vict. u. 20, which shows that the 
 legislature considered that the awarding the amount of compensation was 
 in effect ordering it to be paid." 
 
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CHAP. I.J ham and Practice of Procedure in General, 93 
 
 to complaints for an adjudication or award of sums of money To what cases 
 in the nature of or of the same effect as an order to pay money, ^^ * ^^ ^."^'• 
 although the statute upon which the complaint is founded says 
 nothing about an order as a distinct instrument, it may, perhaps, 
 be contended, that, where the adjudication made by the justices 
 is in the form of a warrant of distress for a sum of money not 
 previously ascertained or recorded by some competent au- 
 thority (a verbal adjudication or direction to pay being pro- 
 nounced before the issue of the distress warrant), instead of 
 being a direct order upon the defendant, such cases also would 
 be within the scope of the 11 & 12 Vict. c. 43 ;— as also cases 
 indicated by the words " or otherwise" in the first section, where 
 the adjudication against the defendant " is not for the payment 
 of money, hut for the doing of some other act" (s. 24), upon 
 disobedience of which imprisonment follows, i. e., to deliver up 
 books held by a highway surveyor, an officer of a corporation 
 or of a railway company, &c., or to enter into recognizance or 
 find sureties for the peace or good behaviour, the section 24 (in 
 the words quoted supra), and the form of Order, K. 3, suffi- 
 ciently pointing to the kind of order intended by the words 
 " or otherwise" in the first section. 12 There are also cases 
 in which the proceedings begin with an " information," and 
 may end in a " conviction," or an " order" of a different kind 
 to that indicated in the first section ; such for instance as the 
 proceedings under section 94 of the Highway Act, 5 & 6 
 Will. 4, c. 50, where the result may be the conviction of 
 the surveyor for the non-repair of the road, or (where the 
 liability is denied) an order to prefer an indictment. Is such 
 
 12 The following mooted cases are within the 11 & 12 Vict. c. 43 : — 4 
 Geo. 4, c. 34, as to servants in husbandry {Re Geswood, 2 El. & Bl. 952 ; 23 
 L. J. (N.S.) M. C. 35; 17 Jur. 1163; Re Bailey and Collier, 3 El. & Bl. 
 607; 23 L.J. (N.S.) M.C. 161; 18J. P. 630; Paley's Sum. Conv. 4th ed. 
 pp. 133, 620) ; 20 Geo. 2, c. 19, s. 3, as to apprentices ; and orders for 
 church rates : but it is said (Arch. 3rd ed. of Jervis's Acts, published in 
 1850, pp. 138, 139) that the following cases are clearly not within the act, 
 viz. : — forcible entry, deserted premises, recovery of premises by landlords, 
 on determination of the tenancy ; proceedings for stopping up or diverting 
 highways; and the binding over of persons to keep the peace or be of good 
 behaviour [but see query, supra, as to this last case], — in these and the like 
 cases, justices must be guided by the statutes which give them jurisdiction 
 in the particular proceeding, without reference to the 11 & 12 Vict. c. 43. 
 Neither are complaints for the recovery of poor and highway rates within 
 that act; for the legislature, in an act of the next session, 12 & 13 Vict. 
 c. 14, found it necessary to provide the required forms in such case, and 
 various provisions as to costs, &c. ; nor does sect. 11 of it apply to pro- 
 ceedings by auditors to recover sums certified to be due from poor law 
 officers (12 & 13 Vict. c. 103, s. 9). 
 
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94 Summary Convictions and Orders. [part i. 
 
 an information within the operation of the 11 & 12 Vict. c. 
 43? It is submitted that it is, whatever the result (see 21 
 J. P. 731). 
 
 The provisions of the 11 & 12 Vict. e. 43, must be considered 
 as supplemental to the provisions of statutes subsequently- 
 passed (i. e. after 14th August, 1848) regulating summary- 
 proceedings before justices, except in so far as the same may 
 be inconsistent therewith ; and in case of inconsistency be- 
 tween the statutes, the statutes of the latter date will govern the 
 proceedings. 
 DivUions of The Practice of procedure may be conveniently arranged 
 
 under the following heads ; the general forms or outlines in the 
 schedule to the 11 & 12 Vict. c. 43, being incorporated under 
 the respective sections and divisions of the subject to which 
 they are to be applied, and notes in the body and at the foot 
 comprising explanations of the changes and practical observa- 
 tions on the various branches of the practice. This chapter, it 
 will be seen, has reference to Orders as well as Convictions, as 
 many of the statutes requiring an order to be drawn up are in- 
 terspersed thoughout the tabular view of Offences in Chap. 2, 
 and it will also apply to various matters in part III., to which 
 reference will there be made. 
 
 Sect. I. Of the Information and Complaint, their 
 Requisites and Time, p. 95. 
 II. The Process to issue to Defendants, p. 112. 
 III. Of remanding Defendant, and taking Bail 
 BEFORE Hearing and Adjudication, p. 118. 
 IV. Of compelling Witnesses' Attendance, &c., 
 p. 122. 
 V. The Hearing and Adjudication, &c., p. 126. 
 VI. Of Enforcing Convictions and Orders, &c., 
 p. 165. 
 VII. Of the Application of Penalties, &c., p. 188. 
 VIII. Of Appeal against or reviewing the Judg- 
 ments of Justices, p. 191. 
 
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CHAP. I.] Sect.l. Of the Information and CvmplaiKt. 95 
 
 Sect. I. Of the Information and Complaint 13, their 
 Requisites and Time. 
 
 1, As to Informations. 
 
 2. As to Complaints. 
 
 1. As to Informations. 
 It will be observed, that an information here referred to is for (1) As to In- 
 an ofiFence or act for which the offender is liable by law, upon /o™"''™'- 
 a summary conviction for the same before a justice or justices 
 of the peace, to be imprisoned, or fined, or otherwise punished 
 (sect. 1, ante, p. 90). 
 
 The information, in these summary convictions of a penal Basis of juris- 
 nature, being the foundation of the justice's jurisdiction, and <!*<='"'"• 
 the basis of all the subsequent proceedings (Paley on Conv. 
 3rd edit. p. 31, 4th edit. p. 54), should be carefully prepared, 
 in order to show every ingredient and requirement of the statute 
 or statutes which give cognizance of the offence, and which we 
 will presently consider. 
 
 The time limited for commencing proceedings by the act of Timeofcom- 
 parliament relating to each particular case must be strictly ">s"9"'gp™- 
 adhered to; but by sect. 11 of the 11 & 12 Vict. c. 43, it is 
 enacted, — " that in all cases where no time is already or shall 
 " hereafter be specially limited for making any such complaint 
 " or laying any such information in the act or acts of parlia- 
 " ment relating to each particular case, such complaint shall be 
 , " made and such information shall be laid, within six calendar 
 " months from the time when the matter of such complaint or 
 " information respectively arose." 14 In some statutes the 
 
 13 The distinction between an information and a complaint is this : — An 
 information is the groundwork of a charge for an oifence or act punishable 
 summarily, either by fine or imprisonment ; a complaint being an applica- 
 tion on the nonpayment of money, or for the doing of some other thing, 
 subjecting the party in either case to imprisonment in default. An informa- 
 tion is technically said to be laid, a complaint to be made. A conviction is 
 the affirmative result of an information ; an order that of a complaint. 
 Where the particular statute expressly requires an order, and where a con- 
 viction, will be readily known by reference to the 5th column of Chap. 2. 
 
 14 This clause has been held to apply to cases which arose before the 
 act came into operation {Reg. v. Leeds and Bradford Railway Company, 21 
 L. J., M. C. 193 ; 18 A. & E. 343 ; 16 J. P. 631). Vide the 3rd column of 
 Chap. 2 for the time within which the proceedings must commence, or the 
 conviction take place, as provided for by the statute in each particular case. 
 
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Time of com- 
 mencing pro- 
 ceedings. 
 
 How time 
 reckoned. 
 
 Summary Convictions and Orders. [pakt i, 
 
 party must be " convicted " within a limited time, and the 
 laying of the information merely within the period will not be 
 sufficient ; nor is the necessity affected by the fact that the con- 
 viction was not made within the time limited in consequence of 
 an adjournment at the defendant's request. 15 In some other 
 statutes the words are, that the penalty must be " recovered " 
 within a given time, and in these instances it seems that such 
 a provision is not satisfied by the information being laid within 
 the time required, but that the conviction must take place 
 within that period. 16 But in other cases, where the pro- 
 ceedings are commenced in due time by the laying of the in- 
 formation, the hearing and subsequent proceedings will be valid, 
 though postponed to a term beyond the period mentioned in 
 the act {R. \. Barrett, 1 Salk. 383 ; Paley, 3rd edit. p. 41, 
 4th edit. p. 44). In almost every case in which an act is to be 
 done within a certain time after the happening of an event, the 
 courts have adopted as a rule, that the day on which the event 
 happened (e. g. the commission of the offence, or the time when 
 the matter of complaint arose) is to be excluded, and that on 
 which the act is done (e. g. the preferring the information or 
 complaint) is to be included. 17 If the time be expressed by 
 the year, or an aliquot part, as a half, a quarter, &c. of a 
 year, the computation is by calendar months of twelve to the 
 year (Paley, 4th edit. p. 44) ; and likewise if the word " month" 
 is mentioned in a statute, and not the year, it is now, since 13 
 & 14 Vict. c. 21, s. 4, " to mean calendar month, unless words 
 are added showing lunar month to be intended." Fractions of 
 a day are not taken any notice of in law. 18 Where a statute 
 directs any act to be made within so many days, or a notice to ■ 
 be given so many days " at the least," these words mean " clear 
 days," i. e. a number of intervening days {Mitchell v. Foster, 
 12 A. & E. 472). As to the terms "from the day 
 
 15 Dowell V. Benningfield, 1 Car. & Mar. 9 ; Rex v. Bellamy, 1 B. & C. 
 500 J Rex v.- Tolley, 3 East, 467. 
 
 16 Reg- V, Marsh (Justice of Monmouthshire) (Times Newspaper, Jan. 
 31st, 1857), a case under the Coal Mines Inspection Act, 18 & 19 Vict, 
 u. 108, s. li. If that is to be the correct construction of that and similarly 
 worded limitation clauses, it will apply to the following titles in this Work; 
 — "Alehouses," offence 13, 9 Geo. 4, c. 61, a. 19; "Poor," offence 67, 17 
 Geo. 2, c. 38, s. 14 ; and " Swearing," 19 Geo. 2, c. 21, s. 12. 
 
 17 Pellew V. Inhabitants of Wonford, 9 B. & C. 134 ; Lester v. Garland, 15 
 Ves. 248 ; Williams v. Burgess, 12 A. & E. 635. 
 
 18 Lester v. Garland, supra ; Hardy v. Ryle, 9 B. & C. 663 ; Field V. 
 Jones, 9 East, 154 j Latless v. Holmes, 4 T. R. 660 ; Co. Litt. 185 b. 
 
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CHAP. I.] Sect. 1. Of the Information and Complaint. 97 
 
 of ," or "from," or "after," or "within days 11 & 12 Vict. 
 
 of ," a certain event, "immediate" or "forthwith," see tl-L 
 
 Paley, 4th edit. pp. 45, 46. 
 
 Every complaint or information (whether by a party aggrieved Whom to lay. 
 or an informer) " may be made or laid by the complainant or 
 informant in person, or by his counsel or attorney, or other 
 person authorized 19 in that behalf" (s. 10). It is conceived, 
 however, that this provision will not apply to those cases where 
 a particular person is required by the statute to lay the informa- 
 tion or make the complaint, or where, under a local act, the 
 complainant is not a party aggrieved by the act of the de- 
 fendant 20. In all other cases any person may lay the in- 
 formation. 
 
 Although the statute 11 & 12 Vict. c. 43, does not expressly When to be in 
 require the information to be in writing, it evidently contem- ""ting, 
 plates that it should always be so taken (and it is the safest 
 rule to adopt 21 by the proviso in the 1st section, and by the 
 9th section, post, p. 98, as to variances between it and the evi- 
 dence adduced, and by expressly providing in sect. 8 that com- 
 plaints for an order need not he in writing unless required by 
 the particular act of parliament. 
 
 The information or complaint need not be on oath in the first When on oath, 
 instance, " unless some particular act of parliament shall other- 
 " wise require," 22 " except in cases of informations, where the 
 " justice or justices shall thereupon issue his or their warrant, in 
 " the first instance (under the 2nd section), to apprehend the 
 " defendant," when " the matter of such information must be 
 
 19 It is questionable whether a written authority is here necessary from 
 a party aggrieved to the person preferring the information or complaint. 
 By Tarry v. Newman (15 Law J. Rep. (N. S.) M. C. 160 ; 15 M. & W. 653 ; 
 10 J. P. 678) any one might lay it for an injury to the property of another 
 under 7 & 8 Geo. 4, c. 29. 
 
 20 See Reg. v. Hicks, 24 L. J. (N. S.) M. C. 94 ; 19 J. P. 515. 
 
 21 In cases where the particular statute requires the information to be 
 " in writing," it should of course be so taken, and that requirement has 
 been shown in the 3rd column of Chap. 2. 
 
 22 In the 3rd column of Chap. 2, this requirement is shown, and it is 
 to be regretted that in such an act as the 11 & 12 Vict. c. 43, the oath was 
 not rendered unnecessary except where a warrant is intended to be granted ; 
 butinthecaseofiJeg. v.il/i7;ard(22LawJ.(N.S.)M.C. 108; 1 Dears. C. C. 
 166 ; 17 J. P. 279), it was held that an information for an offence under s. 24 
 of the Malicious Injuries Act, 7 & 8 Geo. 4, c. 30, need not be on oath, com- 
 pliance with the provisions of the 30th section, which required such oath, 
 being optional with the prosecutor, and not a condition of the jurisdiction 
 of the justice to inquire ! that section being cumulative " for the more 
 effectual prosecution of offences," and not imperative. This decision will, 
 it appears, be of general application. (See 17 J. P. 305.) 
 
 O. S. H 
 
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11 & 12 Vict 
 c. 43. 
 
 The informa- 
 tion. 
 
 No objection 
 to be taken to 
 it or summons. 
 
 On variance 
 hearing to be 
 adjourned. 
 
 Time of 
 oifence. 
 
 Place of 
 offence. 
 
 Summary Convictions and Orders. [part i. 
 
 " substantiated by the oath or affirmation of the informant, or 
 " by some witness or witnesses on ^ his behalf" (s. 10); and 
 also except where a summons has issued upon an information 
 or complaint and not obeyed, and a warrant shall thereupon be 
 issued, when the information must also be substantiated upon 
 oath (s. 2). 
 
 The forms of oaths on receiving an information or complaint, 
 and from persons of different religious persuasions, are given 
 anie, p. 63. 
 
 As to the forms of informations which are not given in 
 Jervis's Act, 11 & 12 Vict. c. 43, they will be found, post, pp. 
 109 — 112, a proviso in the 1st section says, — " that no objection 
 shall be " taken or allowed to any information, complaint or 
 " summons for any alleged defect therein in substance or in 
 "form, — or for any variance between such information, com- 
 " plaint or summons, and the evidence adduced on the part of 
 " the informant or complainant at the hearing of such infor- 
 " mation or complaint as hereinafter mentioned ; but if any such 
 " variance shall appear to the justice or justices present and 
 " acting at such hearing to be such, that the party so sum- 
 " moned and appearing has been thereby deceived or misled, it 
 " shall be lawful for such justice or justices, upon such tennsas 
 " he or they shall think fit, to adjourn the hearing of the case 
 "to some future day;" and the 3rd section makes the same 
 provision as to the warrant to apprehend; and by the 9th 
 section, " any variance between such information and the evi- 
 " dence adduced in support thereof, as to the time at which such 
 " offence or act shall be alleged to have been committed, shall 
 " not be deemed material, if it be proved that such information 
 " was in fact laid within the time limited by law for laying the 
 " same; — and any variance between such information and the 
 " evidence adduced in support thereof as to the parish or town- 
 " ship in which the offence or act shall be alleged to have hen 
 " committed shall not be deemed material, provided that the 
 " offence or act be proved to have been committed within the 
 "jurisdiction of the justice or justices by whom such infoi'- 
 " mation shall be heard and determined ; — and if any such 
 " variance, — or any variance in any other respect between such 
 " information and the evidence adduced in support thereof,— 
 " shall appear to the justice or justices present and acting at the 
 " hearing to be such that the party charged by such infor- 
 " mation has been thereby deceived or misled, it shall be lawful 
 
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CHAP I.] Sect. 1. Of the Information and Complaint. 99 
 
 " for such justice or justices, upon such terms as he or they ii & 12 Vict. 
 " shall think ft, to adjourn the hearing of the case to some ''■^^- 
 
 " future day," and in the meantime to commit the defendant or 
 bail him. The result of the above enactments seems to be to 
 entirely supersede the use of the information, summons or 
 warrant as substantial parts of the proceedings, beyond the fact 
 of their still being required by way of authority for the justice's 
 interference ; but that the conviction entirely depends upon the 
 case proved by the evidence, which neither recites nor even 
 alludes to the information, summons or warrant, as in the 
 repealed form given by the 3 Geo. 4, c. 23 (see 12 J. P. 734; 
 13 J. P. 752). Although the strictness, which was formerly Must not be so 
 required in informations, will no longer be necessary, they must ^"^^"ead de- 
 not, however, be so drawn as to deceive or mislead the de- fendant. 
 fendant, by varying from the charge in the evidence, and so 
 varying the nature of the case altogether ; 23 for in that case 
 the justice, being empowered to adjourn the hearing of the case 
 to some future day, upon such terms as he shall think fit, seems 
 to be enabled to enforce upon parties preferring charges the 
 necessity of drawing their informations in a legal form. The 
 cases and rules therefore, which were decided upon informations 
 and convictions before the passing of the 11 & 12 Vict. c. 43, 
 may still be found serviceable as a guide in framing them at the 
 present time, and will be also serviceable in drawing up con- 
 victions, as the above provisions only apply to the information 
 or complaint, summons and warrant, more particularly as to 
 the mode of describing the oflFence or matter of complaint, Matter of com. 
 which, if correctly stated in the information or complaint to pl"^"'- 
 ground the justice's jurisdiction, and thence recited or stated in 
 the conviction and subsequent proceedings, would save much 
 trouble and inconvenience in the preparation of the latter. .We Requisites of 
 now propose to show the common requisites of an information. *^ informa- 
 By s. 29 of the 1 1 & 1 2 Vict. c. 43, " in all cases of summary q^^ ■ „g^^g t^ 
 
 23 Mr. Saunders, in his edition of Jervis's Acts, after reDjarking upon 
 the absence of any power to amend the information, complaint or sum- 
 mons, — that there would be a perpetual variance between the charge laid 
 and the offence proved, and that a man might be summoned for one oifence 
 and convicted of another, — points out this further diflSculty: by the 14th 
 section, on the dismissal of the information or complaint, the justice may give 
 the defendant a certificate of the fact, which is to operate as a bar to any sub- 
 sequent information or complaint for the same matters against the same 
 party ; but if the complaint is different to the charge given in evidence, of 
 what use will be the certificate? It will in such a case require evidence to 
 show what was in fact the charge upon which the certificate is intended to 
 operate. 
 
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 receive. 
 
100 Summary Convictions and Orders. [part i. 
 
 11 & 12 Vict. " proceedings before a justice or justices of the peace out of ses- 
 ! ! " sions upon any information or complaint, it shall be lawful for 
 
 onejustice to receive such information or com plaint, and to grant 
 " a summons or warrant thereon, and to issue his summons or 
 " warrant to compel the attendance of any witnesses, and to do 
 " all other necessary acts and matters preliminary to the hearing, 
 " even in cases where by the statute in that behalf such informa- 
 " tion or complaint must be heard and determined by two or more 
 " justices." 
 
 Complainant Jt should contain the informer or complainant's name, &c. 
 
 ant's names, (-^- '^- Stone, 2 Ld. Rayra. 1545), — the date of preferring it 
 
 &C. (Ld. Raym. 1546),— the place of preferring it (Bosc. 24),— the 
 
 name and style of the justice (iZ. v. Johnson, 1 Str. 261; R. 
 T. JDobbin, 2 Salk. 473 ; E. v. Chipp, 1 T. R. 711), and the 
 offender's name, &c. {M. v. Harrison, 8 T. R. 508 ; see Paley, 
 3rd edit. pp. 81, 82, 4th edit. p. 152.) 
 
 Description of Under the 3 Geo. 4, c. 126, s. 132 (the General Turnpike 
 
 ficienUnVer!' ^°^'^' ^""^ *^'^ ^^^ ^'^^- ■*' ^- ^^' ^- '^^ ^^^^ General Highway 
 tain cases. Act), certain parties may be proceeded against without de- 
 
 scribing their names, if they refuse to disclose them, and in 
 which case a description of their persons would be sufficient. 
 If the statutes under which the proceedings are taken extend 
 only to persons of a particular class, office or situation of life, 
 the defendant should be shown to come within the description 
 of such persons, bearing in mind the broad rule for construing 
 statutes as laid down by Lord Tenterden, that " where general 
 " words follow particular ones, the rule is to construe them as 
 " applicable to persons ejusdem generic' {Sandiman v. Breach, 
 7 B. & C. 100). By the 3rd section of 11 & 12 Vict. c. 43, 
 the defendant may be named " or otherwise described" in the 
 Person liable to warrant to the constable to apprehend. Married women, if 
 vicUonT'- "''"" *^®y^ have committed an offence without the coercion, actual or 
 implied, of their husbands, are equally liable to be proceeded 
 Husband and against as other persons. 24 A husband and wife may also be 
 jointly convicted, and punished for every offence of which 
 Female of- they have been jOTn% guilty. It has been doubted whether 
 sll cases. female offenders can be convicted of offences punishable on 
 
 summary conviction, where the enacting or interpretation 
 clauses do not include them, and especially under the Game 
 
 24 Rex V. Crofts, 2 Str. 1120; Rex v. Hammond, 2 Leach, 499; &iv. 
 Williams, 10 Mod. 335; Reg. v. Cruse, 8 C. & P. 541 ; 2 Mod. C. C. 53; 
 Paley, 4111 edit. pp. 59, 60. 
 
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CHAP I.] Sect. I. Of the Information and Complaint. 
 
 Act (1 & 2 Will. 4, c. 32) ; but the 14tli sect, of the 7 &^ ^ 
 Geo. 4, c. 28, will remove that doubt, it being expressly ap- 
 plicable to offences punished summarily as well as to those 
 indictable, and is both prospective and retrospective, and so 
 likewise will the 13 & 14 Vict. c. 21, s. 4, which applies to all 
 acts whatever their subject may be, and enacts, "that in all 
 " acts, words importing the masculine gender shall be deemed 
 and taken to include females * * * unless the contrary as to 
 gender * * * is expressly provided." 
 
 Infants above seven years of age may be prosecuted for Infants, 
 penalties in respect of any injuries committed by them, and 
 generally for all wrongful acts they may be guilty of; but it 
 has been doubted whether a minor is competent to enter into a 
 contract of service ; but the prevailing opinion (and vide Reg. 
 V. Lord, 17 Law J. Rep. (N.8.) M. C. 181 ; 12 J. P. 759) is 
 strongly in favour of their power to do so, and consequently of 
 the jurisdiction of justices in case of their misbehaviour, if the 
 contract is not deficient in mutuality (Id.) 
 
 In some cases a man may be brought within a penal statute Master for act 
 by the acts of his agents or servants. The employment of an ° ^"^*" 
 agent in the defendant's usual course of business is sufficient 
 evidence in such cases, whence the magistrates may, if they 
 think fit, presume that such an agent was authorized to do the 
 prohibited act with which it is sought to charge the prin- 
 cipal. 35 
 
 The prosecutor may prosecute all or any of the parties, and Joint ofiFenders. 
 the omission of a particeps criminis cannot, as in cases of joint 
 contracts in civil actions, be taken advantage of by those who 
 are prosecuted (see Meg. v. Brown, 26 L. J. (N. S.) M. C. 
 183; 22 J. P. 54; 29 L. T. 160, Q. B. ; which was the case 
 of an information against one of several joint owners of a mine 
 for an infringement of the Coal Mines Act, 18 & 19 Vict. 
 c. 108, s. 4) ; after conviction, however, of some of several 
 offenders for a, joint offence, the parties omitted cannot be pro- 
 ceeded against. (See Stone's Manual, pp. 235, 236, 4th ed., 
 and 10 J. P. 444.) But it is otherwise as to offences which 
 are in their nature several. (16 J. P. 511 ; 4 Magis, 225 ) 
 
 It has been doubted, since the passing of the 11 & 12 Vict. Several of- 
 c. 43, whether several offenders can be joined in the same in- Rentiers. 
 
 25 Paley, 4th edit. p. 60, and cases there cited, — Att.-Gen. v. Siddon, 1 
 C. & J. 220) Att.-Gen. v. Riddle, 2 Id. 493; Att.-Gen. v. Burgess, Bunb. 
 223 i Mitchell v. Torwp, Parker's ^^itJ&^ib^mklbsSf^l'' 1 Salk. 289. 
 
102 
 
 11 & 12 Vict, 
 c. 43. 
 
 Aiders and 
 abettors in all 
 cases. 
 
 Summary Convictions and Orders. [part i, 
 
 formation who have taken part in committing the sarcie offence 
 at the same time and place, whether the offence is in its nature 
 joint or several (12 J. P. 671 ; 13 J. P. 63 ; 14 J. P. 422, 470; 
 15 J. P. 731 ; 16 J. P. 172) ; because the 10th section {post, 
 p. 103) requires that the information shall be for one offence 
 only, and the forms in the schedule appear to contemplate only 
 a single offender. The 10th section referred to was evidently 
 designed to prevent the joinder of several offences in different 
 counts (Arch. 2nd ed. p. 126), but the statute does not allude 
 to the joinder of offenders; and as the forms given may be 
 adopted or made " to the like effect" (s. 32), there seems no 
 reason in such cases to depart from the rule which prevails in 
 this respect in the case of indictments, of joining several per- 
 sons in the same ; for the defendant can take no objection to 
 the information for any defect in substance or inform (ss. 1, 9, 
 ante, p. 98). Mr. Archbold's opinion upon the 10th section is 
 (p. 126), that where two or more are jointly charged with an 
 offence, it is but one offence within the meaning of this section; 
 but at 14 J. P. 470, it is contended that several offenders com- 
 mitting the same offence would be several offences, 26 and 
 therefore not allowed to be joined in the same information. 
 
 Before the stat. 11 & 12 Vict. c. 43, there were no accessories 
 in offences punishable by summary conviction, unless the par- 
 ticular act extended to the offence of an accessory,— nor indeed 
 in any criminal case below the degree of felony (see 1 Hale, 
 613 ; 12 Rep. 81 ; Evan's Case, Post. 73; 4 Bla. Cora. 36),- 
 all were principals or nothing ; but now, by s. 5, — " Every 
 " person who shall aid, abet, counsel or procure the commis- 
 " sion of any offence, which is or hereafter shall be punishable 
 " on summary conviction, shall be liable to be proceeded against 
 
 26 In a case submitted in August, 1852, to Mr. ArchboU and Mr. Pml- 
 ley (see 16 J. P. 510; 4 Magis. 225), they were both of this opinion, and 
 moreover stated that the information should be against all persons jointly 
 concerned in the oftence, the same as indictments for misdemeanors, which 
 are analogous to informations before magistrates, properly classed as mis- 
 demeanors, though not indictable. The Editor of the recent edition of 
 Paley's Sum. Conv. is of the same opinion (p. 61, 4th ed.), and that the 
 conviction likewise should include all the offenders, and so is Mr. Glen in 
 his edition of Jervis's Acts, p. 93. In Ex parte Brown (16 J. P. 60), three 
 persons were included in one conviction as reputed' thieves. So likewise in 
 Reg. V. Cridtand and Reg. v. Bacon (21 J. P. 404), which was a conviction of 
 several persons for a trespass in pursuit of game, ahd no objection appears 
 to have been taken on this ground ; but in R. v. Clee and Another (21 Law 
 J. (N. S.) M. C. 1 12), where separate convictions were drawn up upon a joint 
 information, the court refused to order the justices to alter the conviction by 
 making it a joint one. 
 
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CHAP. I.] Sect. 1. Of the Information and Complaint. 103 
 
 ." and convicted for the same, either together with the principal U & 12 Vict. 
 
 " offender, or before or after his conviction,— and shall be liable ^ — ! . 
 
 " on conviction to the same forfeiture and punishment as such 
 " principal offender is or shall be by law liable,— and may be 
 " proceeded against and convicted either in the county, riding, 
 " division, liberty, city, borough or place where such principal 
 " offender may be convicted, or in that in which such offence 
 " of aiding, abetting, counselling or procuring may have been 
 " committed." 27 
 
 If distinct and complete acts are committed on different days, Ofiences on the 
 the offences are distinct and subject to separate penalties {B. v. fej"f,t°5ays." 
 Matthews, 10 Mod. 27); but ambiguity arises upon a repeti- 
 tion of similar acts in pursuance of one object on the same day. 
 With regard to cases of this description no general rule can be 
 laid down, but the law in each case must be determined by the 
 nature of the offence, and the manner in which the particular 
 statute applicable to it is worded. Killing several hares on the 
 same day incurs only one forfeiture and is a single offence only, 
 and so likewise exercising trade on the Sabbath day, although 
 several sales had taken place. 28 
 
 By 11 & 12 Vict. c. 43, s. 10 (inter alia), " Every such stating the 
 " information shall be for one offence only, and not for two "ff^""^ > 
 " or more offences," which puts an end to the pld practice ^"JjJ^ °"* 
 of joining two or more counts in the information ; and if it be 
 desired to state the offence in different counts there must be 
 separate informations, as also when the same offender commits 
 offences against different statutes ; but where one is charged Accessory may 
 as principal and another as aiding, abetting, counselling or ''^.J°'."*^ ""'• 
 procuring him to commit the offence, they may be jointly 
 charged in the same information ; for procurers, &c. in all 
 offences less than felony are deemed in law principals, and 
 the offence of the person who actually committed the act, and 
 that of the person who counselled or procured him to do it, or 
 aided him in doing it, may fairly be deemed but one offence 
 (Arch. edit, of Jervis's Act, p. 120). 
 
 The time of committing the offence should.be stated (S, v. Time and 
 
 place of 
 ■ ~ ofience. 
 
 27 The principal offence must actually have been committed, otherwise 
 this section will not operate ; but although not punishable under this section, 
 the offence of inciting another to commit it is a misdemeanor at common 
 law and punishable accordingly by indictment (R. v. Vaughan, 4 Burr. 2'194 j 
 and R. v. Higgins, 2 East, 5). Vide Forms 6, 7, post, pp. HI, 112. 
 
 28 Paley, 4;th edit, p. 219 | Marriott v. Shaw, Cowp. 278 j R. v. Lovett, 
 7 T, R. 152 i Cripps v. Burden, Cowp. 540. 
 
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104 
 
 The act con- 
 stituting the 
 offence. 33 
 
 Certain. 
 
 Summary Convictions and Orders. [part i,- 
 
 Pullen, 1 Salk. 369; 14 East. 272) ; but the precise day need 
 not be named if the offence be alleged to have been committed 
 between such a day and such a day, provided the first of the 
 days be within the limited time for laying the information or 
 the conviction taking place 29. As to the place of the ofience, 
 the parish, &c., and the county should be correctly stated, to 
 show that it was committed within the jurisdiction 30 of the 
 magistrate receiving the information, for the statement of the 
 venue in the margin will not supply the want of statement in 
 the body 31. Vide also s. 9, ante, p. 98, as to variance in the 
 time and place laid and the evidence in support of the informa- 
 tion not being material ; but in informations for offences under 
 the Night Poaching Act (9 Geo. 4, c. 69, the Beerhouse Act 
 (3 & 4 Vict. c. 61, s. 15), the Alehouse Act (11 & 12 Vict. c. 
 49), and others, where particular times of a day are in question, 
 time is of the essence of the offence, and in those cases is ma- 
 terial, and must be proved as laid (1 Phil. Ev. 861, 9th edit. 
 514), for the hour stated in the calendar will not be judicially 
 noticed, but must be proved as a fact 32. 
 
 The information or conviction must contain an exact descrip- 
 tion of the offence, which, in order to give the justice juris- 
 diction, must appear to be within both the letter and the spirit 
 of the statute that creates it, and which must be accurately de- 
 scribed that the defendant may know what charge he has to 
 answer (Bosc. 25), and it should contain the same certainty as 
 an indictment 34 ; for being a summary proceeding and con- 
 clusive on the defendant, it ought to have the greatest certainty 
 on the face of it (R. v. Jukes, 8 T. R. 544). The description 
 of the charge in the information must include in express terms 
 every ingredient required by the statute to constitute the offence ; 
 
 29 2 Hawk. c. 25, s. 82, p. 325, 8th edit, hy Curwood ; Paley, 85 ; A v. 
 Crisp, 7 East, 389 j R. v. Muggins, 3 C. & P. 602 ; R. v. Simpson, 10 Mod. 
 248. 
 
 30 R. V. Haxel, 13 East, 139 ; Kite and Lane's Case, 1 B. & C. 101 ; «& 
 Introduction, ante, pp. 7 — 19, as to jurisdiction. 
 
 31 R. V. Austin, 8 Mod. 309; see also DeybeWs Case, 4 B. «£ Aid. 243, 
 247 ; R. V. Fletcher, 13 L. J. (N. S.) M. C. 16. 
 
 32 Collier v. Nokes, 2 C. & K. 1012; 15 Law T. 189. 
 
 33 The mode of describing technically all offences will be found in the 
 author's other work, " The Magisterial FormuKsl," (the 2nd edition of which 
 is just published,) and in Chap. 2 of this part of the present work the page 
 containing the form to be used in each case is stated. 
 
 34 Ex parte Pain, 5 B. & C. 251 ; 7 D. & R. 678 ; 3 D. & R. (M. C.)S17, 
 S. C. ; Re Elmy and Sawyer, 1 Ad. & El. 843 ; R. v. Marsh, 4 D. & R. 267, 
 per Bayley, J. 
 
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CHAP. I.] Sect. 1. Of the Information and Complaint. 105 
 
 for nothing must be left to intendment, or inference, or argu- 
 ment, for helping out the description 35. For it is a rule with 
 respect to summary proceedings before justices on penal statutes, 
 that after a conviction nothing can be intended, so as to get rid 
 of any defect in point of form ; for everything necessary to 
 support the conviction must appear on the face of the proceed- 
 ings, and must be established by regular proof, or by the admis- 
 sion of the party of that which is not proved {R. v. Daman, 2 
 B. & Aid. 378). A direct and positive charge must be stated Positive, 
 against the defendant ; a mere statement of facts amounting to 
 a presumption of guilt is not sufficient (Rex t. Bradley, 10 
 Mod. 155) ; and all the facts must be expressly alleged, and 
 not left to be gathered by inference or intendment (iZ. v. Fuller, 
 1 Ld. Raym. 509). The offence must not be stated by way of 
 recital, nor in the alternative or disjunctive, nor in an argumen- Not in the 
 tative way 36. Where the gist of the offence is a guilty linoW' 
 ledge, there must be a direct averment of its existence 37. So Description of 
 the defendant must be brought within the description of the "^'^""*"'' 
 statute 38. So the information should not state the legal result 
 of facts, but the facts themselves, in order that the court may 
 judge of whether or not they amount to a legal offence, as where 
 a conviction under the swearing act omitted to set forth the 
 oaths and curses 39. Though in general it may be sufficient Particular 
 to state the fact in the words of the act of parliament, yet it is *^*'"*' 
 not always safe to convey the description of the offence in 
 those words (Paley, 4th edit. pp. 160—210) ; for where the 
 words of a statute are general, as where it states merely the 
 legal effect, it will nevertheless be necessary to specify the par- 
 
 35 R- V. Denman, 1 Chit. Rep. 152 ; Rex v. Jukes, 8 T. R. 536 ; Rex v. 
 Fuller, 1 Ld. Raym. 509; R. v. Trelawney, 1 T. 11. 222; Rex v. Bradley, 10 
 Mod. 155 ; Rex v. Pereira, 2 Ad. & Ell. 375 ; Bx parte Smith, 3 D. & R. 461 ; 
 R y. Marriott, 1 Str. 66 ; Charter v. Greame and Another, 18 L. J.(N.S.),M.C 
 73 ; 13 Q. B. 216 ; 13 Jur. 208; 13 J. P. 232 ; R. v. Turner, R. & M. 239; 
 Ex parte jlskew, 15 J. P. 485. 
 
 36 R- V. Catherall, 2 Sir. 900; R. v. Crowhurst, 2 Ld. Raym. 1363; R. v. 
 Middlehurst, 1 Burn. 399; R. v. Marshall, 1 Mo. C. C. 158 ; 2 Hawk. c. 25, 
 s. 58, p. 311, 8th edit, by Curwood ; R. v. Mnrley, 1 You. & Jer. 22 ; R. v 
 North, 6 D. & R. 143 ; R. v. Pain, 7 D. & R. 178 ; R. v. Sadler, 2 Chit. Rep! 
 519 ; 1 Salk. 373 ; Rex v. Stacker, 1 Salk. 342, 371. 
 
 37 R- V. Jukes, 8 T. R. 536; Rex v. Marsh, 2 B & C. 717; Chaney v. 
 Payne, 2 Q. B. 712 ; R.\. Llewellyn, 1 Show. 48 ; Ex parte Hawkins, 2 B. & c! 
 31. 
 
 38 R- V. Turner, 4 B. & Aid. 510; R.Y. Little, 1 Burr. 913. 
 
 39 R. V. Popplewell, 1 Str. 686 ; R V. Chaveney, 2 Ld. Raym. 1368 ; R. v. 
 Sparling, 1 Str. 497 ; R. v. Daman, 1 Chit. 147 ; 2 B. & Aid. 379 ; Mould v. 
 Jennings, Cowp. 642 ; R. v. Roberts, 1 Str. 603"; and see Reg. v. Rowed 3 
 Q. B. 180. 
 
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106 
 
 Summary Convictions and Orders. [part i. 
 
 Sums or quaii' 
 titles. 
 
 Offences sub 
 modo. 
 
 Exemptions 
 and exceptibns. 
 
 ticular facts constittiting the offence 40. It is not necessary to 
 use the actual words of a statute, provided those used are equi- 
 valent {Stamp V. Sweetland, 8 Q. B. 13 ; 2 New Sess. Ca. 90). 
 Where the question turns upon particular sums or quantities, they 
 must be particularized (R. v. Catherall, Str. 900 ; R. v. Mar- 
 shall, 2 Keb. 594) ; particularly as the justices are in many cases 
 empowered to award compensation according to the amount 
 of damage (-K. v. Qibhs, 1 Str. 497), and in some cases their 
 jurisdiction to convict depends upon the amount of damage 
 {Charter v. Greame, 18 L. J. (N. S.) M. C. 73). Where any- 
 thing is declared to be an offence sub modo only, the fact must 
 be averred with the necessary modification. In Paley on Con- 
 victions (3rd edit. p. 118 ; 4th edit. p. 195), the rule as laid down 
 by the learned author is thus stated : " The rule, therefore, and 
 distinction resulting from these, and confirmed by the cases 
 mentioned in the sequel, seem to be clearj viz. that all circum- 
 stances of exemption and modification, whether applying to the 
 offence or to the person, that are either originally introduced or 
 incorporated by reference with the enacting clause, must ba 
 distinctly enumerated and negatived ; hut that such matters of 
 excuse, as are given by other distinct clauses or provisoes, need 
 not be specifically set out or negatived (see Sleel v. Smith, 1 B. 
 & Aid. 94). It must be here particularly noticed, that it is 
 immatarial whether the exception be in another section or in 
 another act of parliament, if distinctly referred to and engrafted 
 into the enacting clause" 41. In the case of Van Boven, 42 
 which arose under the repealed Smuggling Act, 8 & 9 Vict. c. 
 87, the same doctrine was held : it was decided that a commitment 
 under the 50th section, describing the offence in the words of 
 the 2nd section, was sufficient, without negativing the exception 
 Case admitting in the 4th section. Where the case, however, would admit of 
 some excuse, for want of which there would be no legal offence, 
 as in the case of a servant proceeded against under the 4 Geo. 4, 
 
 of excuse. 
 
 40 R. V. Jarvis, 1 East, 643, n. ; 1 Burr. 148; R. v. Neild, 6 East, 417 i 
 R. V. Ridgway, 5 B. & Aid. 527 ; 1 D. & R. 123 ; iJ. v. James, Cald. 458; 
 R. V. Mallison, 1 Burr. 679 ; R. v. Spued, 1 Ld. Raym. 583 ; 10 M. & W. 
 464 ; R. V. Baman, 2 B. & Aid. 379 ; R. v. Cliapman, S. C, ] East, 647, n.; 
 Fletcher v. Calthrop and Tharp, 14 L. J. (N. S.) M. C. 49 ; 6 Q. B. 880; 11 
 J. P. 1 ; New Sess. Cas. 529 ; In re Fletcher, 13 L. J. (N. S.) M. C. 16 ; 1 
 Dow. & L. P. C. 726. 
 
 41 R- V. Pratten, 6 T. R. 659; Reg. v. Matthews, 10 Mod. 27; A '• 
 Jarvis, 1 Burr. 148 ; 1 East, 643 ; R. v. Wheatman, Doug. 232 ; R. V. Sikot, 
 3 Mod. 281 ; K. V. Sheed, 1 Ld. Raym. 1375. 
 
 42 16 L. J. (N. S.) M. C. 4 ; 2 New Sess. Cas. 492 ,• IIJ. P. 105. 
 
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CHAP. I.] Sect. 1. Of the Information and Complaint. 107 
 
 c. 34, for absenting himself from his master's service, there 
 must be an allegation in the information and subsequent pro- 
 ceedings that the absence complained of was without leave and 
 lawful excuse, though the statute contained no such qualifica- 
 tion, but made the servant liable to imprisonment for merely 
 absenting himself. 43 Where a written instrument is referred Writteninstru- 
 
 . J. J, ments. 
 
 to, it should be stated accurately 44. 
 
 Where the information is upon a local or private statute it Describing 
 
 1 • • r statute, 
 
 should be recited as " a certam act passed m a session ot par- 
 
 " Uament holden in the and years of the reign of her 
 
 " present Majesty, intituled ' An Act,' " &c. A public act is 
 now usually cited m other acts, and a fortiori may be so done 
 
 in magisterial proceedings, as " the act of the years of her 
 
 " Majesty's reign, chapter --" (see 13 & 14 Vict. c. 21, s. 3) ; 
 or if the act has a short title it may be used, as " The Merchant 
 " Shipping Act, 1854," The " Nuisances Removal Act for 
 " England, 1855," &c. &c. 
 
 By 11 & 12 Vict. c. 43, s. 4, the ownership of property may Describing 
 be described in any information or complaint, or the proceedings p^merty? ° 
 thereon, similarly to the manner in indictments under 7 Geo. 4, 
 c. 64, ss. 14, 15, 16, 17, 18, as follows: — oi partners, joint-' 
 tenants, parceners or tenants in common, one may be named, as 
 "A. B. and others," or another j" (and they may be similarly- 
 described when necessary to mention them for any purpose 
 whatsoever) — o{ counties, ridings, ^c, as of the inhabitants of 
 the county, riding, division, liberty, city, borough or place; — 
 in goods provided by parish ofiicers for the poor, as of the 
 churchwardens and overseers of the poor of the parish, or of 
 the overseers of the poor of the township or hamlet, or of the 
 guardians of the poor of the union to which the same belong, 
 without naming any of them;— in materials, S^c. for parish 
 roads, as of the surveyor or surveyors, without naming him or 
 them : — in materials, ^c. for turnpike roads, as of the com- 
 missioners or trustees of such road, without naming them ; — 
 of commissioners of sewers of any district, as the property of 
 such commissioners, without naming them. 45 
 
 43 Jn re Turner, 9 Q. B. 80; 15 L. J. (N. S.), M. C. 140; 2 New Sess. 
 Cas. 403 ; 10 J. P. 570 ; ite Gesuiood, 2 El. & Bl. 952 : 23 L. J. (N.S.), M.C. 
 35; 17 Jur..ll63. 
 
 44 R- V. Powell, 2 East, P. C. 976 ; Wright v. Clement, 3 B. 8e Aid. 503. 
 
 45 For the modes of describing technically the owners of articles and 
 property, see Oke's " Formulist," 2nd ed., pp. 265, 266. 
 
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108 
 
 Summary Convictions and Orders. [part i. 
 
 Where a 
 second or 
 subsequent 
 offence. 
 
 If the information is for a second or subsequent offence, for 
 which a higher fine or greater imprisonment can be adjudged, 
 it must be averred in the information and other proceedings, 
 that the defendant has been previously convicted, with dates, 
 &c. 46. But although this formal manner of averring the 
 former conviction is in practice adopted, it may be open to 
 doubt, since now no objection can be taken to the information, 
 whether stating the previous conviction in general term^ is not 
 sufficient in the information, i. e. " the same being his [second] 
 " offence," but an express and formal averment must be made 
 in a conviction, although under the 12 & 13 Vict. c. 11, s. 4, 
 (not applicable to summary convictions,) a statement of the/ac< 
 is sufficient in an indictment. 
 
 (2) As to Com- 
 plaints, 
 
 Need not be in 
 writng. 
 
 2. As to Com,plaints. 47 
 
 Here is meant a complaint upon which a justice is or shall 
 be authorized by law to make any " order for the payment of 
 money or otherwise" (ss. 1, 8 of 11 & 12 Vict. c. 43), and these 
 words " or otherroise" seem to apply to cases where the order 
 is for the doing of some other act than paying money, on dis- 
 obedience of which imprisonment follows (see s. 24, post,)— 
 viz., for the delivery up of account books, &c. by an officer of a 
 corporation or company, &c. (See further hereon, ante, p. 93.) 
 
 What has before been said in regard to informations,— as to 
 the time of making an oath, — by whom it may be made, — when 
 to be on oath, — will equally apply to complaints, except, as no 
 warrant in the first instance can be granted on a complaint, that 
 part as to the oath will be inapplicable, except the "particular 
 " act of parliament shall otherwise require" (s. 10). 
 
 Sect. 8 expressly enacts, — " that in all cases of complaints 
 " upon which a justice or justices of the peace may make an 
 " order for the payment of money or otherwise, it shall not be 
 " necessary that such complaint shall be in writing, unless it 
 " shall be required to be so by some particular act of parlia- 
 " ment, upon which such complaint shall be framed ;" 48 but 
 
 46 For the purpose of ascertaining this, a Minute Book or Register of 
 Persons convicted should be kept at each petty sessions. Vide form, No. 77, 
 p. 61, Oke's Magisterial " FormuUst," 2nd ed., and forms of inforiAation for 
 a second and subsequent offence, post, p. IH. 
 
 47 f^i'le note 13, ante, p. 95, as to the distinction between an information 
 and a complaint. 
 
 48 This is shown, where so required, throughout the work. 
 
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CHAP. I.] Sect. 1. Of the Information or Complaint. 109 
 
 nevertheless it would be advisable to have every complaint in 
 writing. 
 
 The same particularity as to the facts is required on a com- Statement of 
 plaint as on an information in writing ; and it must " be for "^"""P 
 " one matter of complaint, and not for two or more matters of 
 " complaint" (s. 10). 
 
 It will be observed by the first section, ante, p. 98, that no No objection, 
 objection shall be taken or allowed for any alleged defect in the 
 complaint in substance or in form, or for any variance between 
 it and the evidence; but as a complaint is recited verbatim in 
 the order and subsequent proceedings, it is unlike an informa- 
 tion, and as it cannot be amended, it requires more particularity 
 in its preparation than an information now does. Section 9, 
 ante, p. 98, does not apply to complaints. 
 
 Forms. 
 
 1. Infmtnation or Complaint, with or without Oath, with Variation 
 when substantiated by another Person than the Informant, Pro- 
 secutor or Complainant. (Not in Jervis's Act.) 
 
 — ) The information [or " complaint"] of C. D., of the parish 
 vit. 5 of , in the [county/] of , labourer. 
 
 to wit. 
 
 1/ preferred by an attorney or agent, say : " by D. E., his duly autho- 
 rized agent [or ' attorney'] in this behalf," 
 
 taken [upon oath, if so required] before me, the undersigned, one of 
 her Majesty's justices of the peace. 
 
 Justice of county or borough}— in and for the said [county'] of C, at N., Descriptions of 
 in the same [county}. justices. 
 
 Of two adjoining counties, Sfc.^—ot and for the counties [or "ridings 
 divisions, liberties, or city, or borough"] of C. and S., being next 
 adjoining counties [or " ridings, divisions," &c.] [or " surrounded 
 by the said county of C."] at N., in the said county [or " borough," 
 &c.] of S. 
 
 When acting for a detached part of another county]— o{ and for the county 
 of C , and acting for the county of S. at N., in the said county of 
 C., the parish where the offence [or "matter of complaint"] here- 
 inafter mentioned was committed [or " arose"], being a detached 
 part of the said county of S., and surrounded in part [or '• in 
 whole"] by the said county of C. 
 
 City of London Justices]— the lord mayor [or " one of the aldermen"] of 
 the said city, and one of her Majesty's justices of the peace in and 
 -to the same city and the liberties thereof, sitting at the Mansion 
 House [ar " Guildhall"] justice room in the said city. 
 
 A stipendiary magistrate]-m and for the [here insert the district or 
 place], being a stipendiary magistrate for the said [district Sec 1 
 sitting in open court, and having by law the power to do acts 
 usually required to be done by two or more justices of the peace. 
 
 A metropolitan police mttgistrate]~in and for the county of Middlesex 
 one of the police magistrates of the metropolis, sitting at the 
 
 ?v "ir"r* '^'- V **f ''°"'^g'> ?.'■•««, in the parish of St^ James! 
 l^estminster, within the metronolitan ,!:=»-;.. "^ ' 
 
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110 Summary Convictions and Orders. [part i. 
 
 0/ a divisional petty sessions'] — ^in petty sessions in and for tlie division 
 of N., in the said county of C, at N., in the same division and 
 county. 
 
 this day of , in the year of our Lord one thousand eight 
 
 hundred and fifty-two, who saith* that [he hath just cause to suspect 
 and believe, and doth suspect and believe, that] A. B., of the parish 
 
 of L., in the said county of C, labourer [within the space of , the 
 
 time within which the information or complaint must be laid, last past, 
 
 to wit], on the day of -^ — instant, at the parish of C, in the 
 
 county aforesaid, did 
 
 [Here set out the offence or matter of complaint in the manner 
 described in either of the special forms of statements appli- 
 cable in Ohe's " Magisterial Forniulist," 2nd ed.] 
 
 contrary to the statute & Vict. cap. , sect. . 
 
 C. D. [or " D. E."] 
 
 *** j[f'0' warrant is granted in the first instance upon the infor- 
 mation, insert here : 
 " The matter of the above information is now substantiated before 
 me, the said justice [or ' me the said police magistrate, sitting 
 at the said police court as aforesaid,' or 'me the said stipen- 
 diary magistrate, sitting in open court as aforesaid'], by the 
 oath of the [above-named C. D.] L. M. of the parish of D., 
 in the county of S., farmer."- 
 
 C. D. [or "D. E."] 
 Taken [and swomi before me, the day -\ 
 and year and at the place above men- > 
 tioned, J. S. j 
 
 '2. Deposition on Charge or Complaint substantiated on a Warrani 
 being granted on Disobedience to a Summons. 49 (Not in Jervis's 
 Act.) 
 
 County of ■) The matter of the within information [or " complaint"] 
 
 , >was on this day of , 1858, substantiated before 
 
 to wit. 3 me the within-mentioned justice [or "the undersigned, 
 one of her Majesty's justices of the peace in and for the county of 
 C."] at N., in the said county of C, by the oath of the within-naraed 
 C. D. [or " L. M., of the parish of D., in the said county of S., 
 farmer."] 
 
 C. D. [or " 1. M."] 
 Before me, J. S. 
 
 3. Information at the Suit of an Informer. (Not in Jervis's Act.) 
 
 County of 1 Be it remembered, that on this day of , in 
 
 C. > the year of our Lord one thousand eight hundred and 
 
 to wit. S fifty-eight, C. D., of the parish of C, in the county of C. 
 
 [MoMrer], in his proper person cometh before me the undersigned, one 
 
 49 Sect. 10 of 11 & 12 Vict. c. 43. This would not be required if the 
 information or complaint was originally taken upon oath, according to the 
 provisions of the statutes giving cognizance of the offence or matter. It 
 may be on a separate paper, and annexed to the information or complaint! 
 but it is more convenient to have it printed on its back. 
 
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CHAP. I.] Sect.l. Of the Informaiion and Complaint. HI 
 
 of her Majesty's justices of the peace in and for the said county of C, 
 and now giveth me the said justice to understand and be informed, that 
 one A. B., of the parish of L., in the county of C. [labourer], withm 
 
 the space of now last past, to wit, on the ■ day of , at 
 
 the parish of C, in the county aforesaid, did, 
 
 [Here set out the offence in the manner described in either of the 
 statements applicable in Chap. II. of Part I. of Oke's 
 "Formulist,"2«rferf.] 
 
 contrary to the statute & Vict. cap. , sect. , 
 
 whereby and by force of the said statute the said A. B. hath forfeited 
 
 a sum o"f money not exceeding pounds for the said offence (the 
 
 same being his [Jirst] offence) to be paid and applied according to 
 law; And thereupon the said C. D. prayeth judgment in the premises 
 and that the said A. B. may be caused to appear before the justices 
 aforesaid to answer the said information, and make his defence thereto. 
 *j^* Vide the asterisks at conclusion of form I, for the words to be 
 inserted here where a warrant granted in the first instance. 
 Exhibited [and sworn] before me the day and ^ 
 year and at the place above-mentioned, J C. D. 
 
 J • o. 
 
 4. Information for a Second Offence. 50 (Not in Jervis's Act.) 
 
 [Proceed with offence complained of as in No. 1, to the conclusion, 
 and then add:] And also that he the said A. B. heretofore and before 
 
 the commission of the said last-mentioned offence, to wit, on the 
 
 day of ■ last, at N., in the county aforesaid,- was duly convicted 
 
 before [one] of her Majesty's justices of the peace in and for the said 
 county, for that he the said A. B., on &c. at &c. [here describe the 
 offence as in the first conviction], contrary &c. : And that the said 
 A. B. was thereupon adjudged for his said last-mentioned offence to 
 be imprisoned [w as the case may be, stating correctly the terms of the 
 former adjudication.] 
 
 5. Information for a Third Offence. (Not in Jervis's Act.) 
 
 [Proceed as in No. 4, adding thereto at the end of the first offence 
 committed, the last offence complained of then standing first in the 
 information.] 
 
 6. Information against an Aider or Abettor, with or without the 
 Principal. (Not in Jervis's Act.) 
 
 [Proceed with offence against the principal as in No. \ orZto the 
 conclusion, and then add:] And that F. Gr., of &c was then and there 
 present [" wilfully," or as the statute may be], aiding and abetting 
 the said A. B. to do and commit the said offence, contrary, &c. 
 
 50 Instead of averring the former conviction in the formal manner here 
 shown, it may be open to doubt whether stating the previous conviction in 
 general terms is not sutficient in the information, i. e. " the same being his 
 [second] offence ;" but an express and formal averment must be made in a 
 conviction. 
 
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112 
 
 Summary Convictions and Orders. [part 
 
 7. Information against 
 
 a Counsellor or Procurer. 
 Act.) 
 
 (Not in Jervis'i 
 
 [Proceed with offence against the principal as in No. 1 or S to th 
 conclusion, and then add:'\ And that F. G., of &c. before the sni 
 
 offence was committed as aforesaid, to wit, on the day of — 
 
 aforesaid, at the parbh of [aforesaidX did [" wilfully," (»• c 
 
 the statute may be'] counsel and procure the said A. B. to do an 
 commit the said offence, contrary^, &c. 
 
 1. On Injorma- 
 tions. 
 
 Summons. 
 
 How served. 
 
 Sect. II. The Process to issue to Defendants. 
 
 1. On Informations. 
 
 2. On Complaints. 
 
 3. Apprehension without Warrant. 
 
 1. On Informations. 
 
 On the information being laid that any person has com- 
 mitted, or is suspected to havejjommitted, any offence or act 
 within the jurisdiction of the justice or justices, for which he is 
 liable by law, upon a summary conviction for. the same before 
 a justice or justices of the peace, to be imprisoned, or fined, or 
 otherwise punished, the justice is to issue a summons (A. p. 114), 
 " directed to such person," 1 stating shortly the matter of sucli 
 information, and requiring him to appear at a certain time and 
 place before tlie same justice or justices, or before such other 
 justice or justices of the same county, &c., as shall then be 
 there, to answer to the said information, and to be further dealt 
 with according to law (11 & 12 Vict. c. 43, s. 1) ; and no ob- 
 jection can be taken to the summons for want of form. (Id.) 
 
 Every summons is to be " served by a constable or other 
 " peace officer, or other person to whom the same shall be de- 
 " livered, upon the defendant, by delivering the same to tbe 
 " party personally, — or by leavingthe same with some person 
 " for him at his last or most usual place of abode" (s. 1). 2 
 The summons, it appears, may be served by any person to whom 
 
 1 It is the practice generally for this summons to be signed in duplicate 
 but see note 2, infra. Formerly the summons was not directed to the 
 defendant except where the information was at the suit of an informer i and 
 when directed to the constable a copy was sufficient to be served. 
 
 2 R- V. Chandler, 14 East, 267, decided that leaving a copy at the house 
 is sufBcient, and that the delivery may be to a person on the premises, 
 apparently residing there as a servant. 
 
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:hap. I.] Sect. "2. The Process to issue to Defendants. ^13 
 
 ;lie same is delivered by the justice (i. e. the informant or eom- H * '2^'^^'=*' 
 
 plainant in most cases), or by any constable or peace officer 
 
 Where after-passed statutes regulate the service it must be 
 Bompiied v^ith, the provisions of this statute extending to past 
 acts as well as to acts hereafter to be passed containing no 
 provision to the contrary. It may be served aty where, and 
 does not require backing like a warrant. 
 
 Sect. 2 enacts,—" that if the person so served with the sum- ^»™*j"* '^ """ 
 " mons as aforesaid shall not be and appear before the justice 
 " or justices at the time and place mentioned in such summons, 
 " and it shall be made to appear to such justice or justices by 
 " oath or affirmation that such summons was so served 3 what 
 " shall be deemed by such justice or justices to be a reasonable 
 " time before the time therein appointed for appearing to the 
 " same, 4 then it shall be lawful for such justice or justices, if 
 " he or they shall think fit, upon oath or affirmation being 
 " made before bim or them substantiating the matter of Such 
 " information to his or their satisfaction, to issue his or their 
 " warrant (B, p. 115) to apprehend the party so summoned, 
 " and to bring him before the same justice or justices, or before 
 " some other justice or justices of the peace in and for the same 
 " county, &c., io answer to the said information or complaint, 
 " and to be further dealt with according to law." 
 
 " Or, upon such information being laid as aforesaid, for any A warrant in 
 "offence punishable on conviction, and substantiated upon gt^nce!""" 
 " oath, a justice may issue in the first instance a warrant (C, 
 " p. 115) for apprehending the defendant ; or if the summons 
 " have been duly served the justice may proceed to hear the 
 " case ex jiarte" (s. 2, and see s. 13, post, p. 119). 
 
 Sect. 3 enacts, — "that every such warrant to apprehend a de- Warrant, in 
 " fendant, that he may answer to any such information or com- "''*' ""''"• 
 " plaint as aforesaid, shall be under the hand and seal or hands 
 " and seals of the justice or justices issuing the same, and may 
 " be directed either to any, constable or other person by name, 
 " or generally to the constable of the parish or other district 
 
 3 Vide Oke's " Formulist," 2nd edit., p. 26, for a form of deposition of 
 the Service of the Summons. 
 
 4 The justices must determine what is a reasonable time of service, 
 having regard to the extent and magnitude of the charge the defendant has 
 to answer, and also as to the sufficiency of the service : — but his appearance 
 waives any irregularity in the service. (A v. Johnson, 1 Str. 2fi] ; R. v. 
 Stone, 1 East, 649; 1 Arch. J. P. 563; In re Hopwood, 14 J. P. 590; IS 
 Q. B. 121 ; 19 Law J. M. C. 197 ; 14 Jur. 812 ; In re Williams, 21 Law J. 
 M. C. 46 ; 2 L., M. & P. 580 j IS J. P. 757 ; Bx parte Davies, 17 Jur. S77.) 
 
 0.8. I 
 
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114 
 
 Suwimary Convictions and Orders. [paht 
 
 11 & 12 Vict, 
 c. 43. 
 
 Where and 
 how warrant 
 executed. 
 
 No objection 
 thereto. 
 
 Backing war- 
 rants. 
 
 " within which the same is to be executed, without namin 
 " him, or to such constable and all other constables within th 
 " county or other district within which the justice or justici 
 " issuing such warrant hath or have jurisdiciion, or general! 
 " to all the constables within such last-mentioned county t 
 '' district ;— and it shall state shortly the matter of the inform! 
 " tion or complaint on ^hich it is founded,- and shall nam« c 
 " otherwise describe the person against whom it has been ii 
 " sued." 
 
 The warrant is not returnable at any particular time, bi: 
 remains in force until it shall be executed ; and may be exf 
 cuted by apprehending the defendant at any place within th 
 county, riding, division, liberty, city, borough, or place with! 
 which the justice issuing the same shall have jurisdiction; 
 or, in case of fresh pursuit, at any place in the next adjoininj 
 county or place within seven mileg 6 of the border of sucl 
 first-mentibned county, &c., without having such warran 
 backed, and in other cases it may be backed (Id. s. 3). 
 
 No objection can be taken or allowed to any such warran 
 for any alleged defect therein in substance or in form ; but r 
 will be seen, post, p. 118, that if any variance between it an( 
 the evidence adduced on the part of the informant shall appeal 
 to the justice or justices present at the hearing to have deceivec 
 or misled the defendant, they may adjourn the bearing of th( 
 case (s. 3). 
 
 The provisions of 11 & 12 Vict; c. 42, relating to the backing 
 of warrants, are, by s. 3 of the 11 & 12 Vict. c. 43, incorpo- 
 rated and made applicable to summary convictions and orders, 
 and are to extend to warrants of apprehension and commitment { 
 those provisions are set out, ante, p. 12. The form (K), post, 
 p. 116, is for the indorsement. 
 
 5 A warrant, therefore, jgranfed by a justicie of two or more a^joirfig 
 counties, or for a detached part of another county, will not, it is submitted, 
 require backing, but may be executed in either, or in a city, i&c. within the 
 couiity ; but, of course, it must appear on the face of such warrant, that the 
 justice has jurisdiction in such two adjoining counties or detached part, &c. 
 It is usual to address the warrant to the constable of the parish, &c. in 
 which the offence was committed. 
 
 6 The mode of measuring distances in this and similar casSs is is the 
 crow flies. (See Reg. v. Si^ron Walden, 9 Q. B. 76 ; Stokes V. GfisMl, H 
 C. B. 678 ; 18 Jut. 519, S. C. ; Paley on Sum. Conv., 4th edit., p. 21.) 
 
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CHAP. I.] Sect. % The Process to issue to Defendants. 
 
 115 
 
 Forms. 
 
 11 & 12 Vict 
 c. 43. 
 
 To A. B. of [labourer]. (A) Summons 
 
 "Whereas information hath this day been laid [or "complaint hath to the de- 
 this day been made"] before the undersigned, [one] of her Majesty s fendant upon 
 
 justices of the peace in and for the said [eounh/] of , for that you an information 
 
 [here state sJwrtly the matter of the information or complaint] : These or complaint, 
 are therefore to command you, in her Majesty's liame, to be and 
 
 appear on '■ , at - — o'clock in the forenoon, at , before such 
 
 justices of the peace for the said county as may then be there, to 
 answer to the said information [or " complaint"], and to be further 
 dealt with according to law. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our Lord , at , in the [county] aforesaid. 
 
 J. O. ^L.S.) 
 
 To the constable of , and to all other peace oflacers in the (B) V^arrant 
 
 said [county] of . "^ere the sum- 
 
 Whereas on last past infonnation was laid [or "complaint mens is dis- 
 
 was made"] before the undei-signed, [one] of her Majesty's justices of obeyed. 
 
 the peace in and for the sa,id county of , for that A. B. [&c. as in 
 
 the summons] : And whereas I then issued my summons unto the said 
 A. B., commanding him, in her Majesty's nartie, to be and appear on 
 
 , at o'clock in the forenoon, at , before such justices of 
 
 the peace fpr the said county as might then be there, to answer to the 
 said information [or " complaint "] and to be further dealt with 
 according to law : And whereas the said A. B. hath neglected to be or 
 appear at the time and place so appointed in and by the said summons, 
 although it hath now been proved to me upon oath that the said sum- 
 mons hath been duly served upon the said A. B. : These are therefore 
 to command you, in her Majesity's name, forthwith to apprehend the 
 said A. p., and to bring him before some one or more of her Majesty's 
 justices of the peace in and for the said county, to answer to the said 
 information [or " complaiut"], and to be further dealt with according 
 to law. 
 
 Given [^c. as (A), sapra]. 
 
 To the constable of , and to all other peace officers in the (c) Warrant in 
 
 said [county] oi . the first in- 
 
 Whereas infprmation hath this daybeen laid before the undersigned, stance. 
 [one] (ft her Majesty's justicjes of the peace in and for the said [county] 
 of , for that A. B.'^here state shortly the matter of the informa- 
 tion] ; and oath being now made before me substantiating the matter 
 of such informationi : These are therefore to command you, in her 
 Majesty's naine, forthwith to apprehend the said A. B., and to Jbring 
 him beforp some one or more of her ^Majesty's justices of the peace in 
 and for the said county, to answer to ihe saii information, and to be 
 further dealt with according to law. 
 
 Given [&c. as (A), supra]. 
 
 i2 
 
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116 
 
 11 & 12 Vict, 
 c. 43. 
 
 (K) Indorse- 
 ment in back- 
 ing a war- 
 rant. 7 
 
 2. On Com- 
 plaints, 
 
 Summary Convictions and Orders. [part i. 
 
 ,. J Whereas proof upon oath hath this day been made before 
 to wit S me, one of her Majesty^s justices of the peace for the said 
 \eounty\ of , that the name of J. S. to the withm warrant sub- 
 scribed is of the handwriting of the justice of the peace withm men- 
 tioned ■ I do therefore hereby authorize W. T., who bnngeth to me 
 this warrant, and ajl other persons to whom this warrant was ori- 
 ginally directed, or by whom it may lawfully be executed, and also 
 
 all constables and other peace officers of the said Icount}/] of , to 
 
 execute the same within the said last-mentioned [county], and to 
 bring the said A. B., if apprehended within the same [county], before 
 me, or before some other justice or justices of the peace of the same 
 [county], to be dealt with according to law. 
 
 .Given under my hand, this day of , 185—. 
 
 J. L. 
 
 * The words following this asterisk are to be used only where the justice 
 backing the warrant shall think fit, and may be omitted in backing English war- 
 rants in Ireland, Scotland, Sjc, or in backing Irish or Scotch warrants, Sfc. in 
 
 2. On Complaints. 
 The provisions before digested as to the process to be issued 
 on informations, and the manner of the service and execution, 
 will apply to Complaints, except that no warrant can be issued 
 on a complaint in theirs* instance (see ss. 2, 10). The forms 
 applicable to Complaints would be (A), (B) and (K), ante, 
 pp. 115, 116. 
 
 3. Apprehen- 
 sion without 
 Warrant. 
 
 3. Apprehension without Warrant. 
 It may be useful to place here a List of the Titles and 
 Offences in which the apprehension of offenders found com- 
 mitting offences punishable summarily is authorized by par- 
 ticular statutes, without a warrant being granted 8, because 
 such statutes are not repealed by the provisions of ss. 1, 2, 3 
 of the 11 & 12 Vict. o. 43, set out supra, as to the issue of the 
 summons and warrants : — 
 
 Church, disturbance in (1 Mary, sess. 2, c. 3, s. 4). 
 
 County Court, assaulting officer of (9 & 10 Vict. c. 95, s. 114). 
 
 Cruelty to Animals (13 & 13 Vict. c. 92, s. 13). 
 
 Dog, stealing or having dog or skin (8 & 9 Vict. c. 47, s. 5). 
 
 Game, trespassers on land (see 1 & 2 WUl. 4, c. 32, s. 31); taking 
 hares or conies in warrens in the daytime (7 & 8 Geo. 4, c. 29, 
 s. 29) ; night poaching (9 Geo. 4, c. 69, s. 2). 
 
 7 This form is taken from the 11 & 12 Vict. c. 42. See s. 3 of 11 & 12 
 Vict. c. 43, which incorporates the provisions of that act on the subject ol 
 backing warrants. 
 
 8 The provisions here referred to are also set out under the titles u 
 Chaps. 2 and 3 of this part of the work. 
 
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CHAP. I.] Sect. 2. The Process to issue to Defendant!. 117 
 
 Hawkers and Pedlars, trading witliout licence (50 Geo. 3, c. 41, Apprehension 
 „„N without war- 
 
 s. 20> j.gj,, 
 
 Highways, offences by owners and diivers of carts, &o. (see 5 & 6 
 Will. 4, c. 50,. s. 79). 
 
 Larceny, coursing, &0i deer m unenclosed ground, possession of 
 venison, and stealing beasts or birds ; house doves ; taking 
 fish in private water (except angling in the daytime) ; steal- 
 ing trees, shrubs,. &c. of value of 1«. ; fences, stiles, &c. ; 
 possession of such property f stealing plants, fruits, roots, &c. 
 in gardens, &c. (7 & 8 Geo. 4, c. 29, s. 63). 
 
 Lighting and Watching Act, damaging lamps, &o. (3 & 4 Will. 4, 
 c. 90, 8. 55). 
 
 MaBciotis Injuries, to trees, shrubs, &c. to amount of \s. ; plants, 
 fruits, &c. in gardens, &c. ; roots or plants elsewhere ; fences, 
 stiles, gates, &o. ; and any other property (7 & 8 Geo. 4, c. 30, 
 S.28). 
 
 Manufacttcres, ^c, possession of materials in cotton, &c. trade 
 (17 Geo. 3, c. 56, s. 11). 
 
 Merchant Shipping, seamen or apprentices deserting (17 & 18 
 Vict. c. 104, s. 246). 
 
 Military Law, deserters from the army (Annual Mutiny Act). 
 
 Navigable Bivers and Canals, persons loitering about (3 & 4 Vict. 
 c. 50, ss. 10, 11, 12). 
 
 Pawjibroiers, unlawful pawning (39 & 40 Geo. 3, c. 99, s. 13). 
 
 Poor, bringing spirits into workhouse (4 & 5 Will. 4, c. 76, 
 s. 93) ; inmates absconding with union clothes (55 Geo. 3, 
 c. 137, s. 2). 
 
 Railways, misconduct of engine-drivers, &c. of railway company 
 (3 & 4 Vict. c. 97, s. 13) ; persons obstructing officers (Id. 
 s. 16) ; injuring boards of bye-laws, obstructing construction 
 of railway, &c. (8 & 9 Vict. c. 16, s. 154) ; passengers prac- 
 tising frauds (8 & 9 Vict. c. 20, s. 104). 
 
 Smuggling (see 16 & 17 Vict. c. 107, ss. 234, 235, 247). 
 
 Swearing, profane cursing or (19 Geo. 2, c. 21, s. 3). 
 
 Turnpike Soads, unknown offenders evading payment of toll, 
 riding npon footpath, and a variety of nuisances on the roads 
 (3 Geo. 4, c. 126, s. 140) ; also a variety of offences by 
 drivers and owners of carts, &c. (Id.s. 132). 
 
 VagrantSyidle and disorderly persons, rogues and vagabonds and 
 incorrigible rogues (5 Geo. 4, c. 83, s. 5) ; exposing indecent 
 prints in shops (1 & 2 Vict. c. 38, s. 2). 
 
 Of course there will be many local and special acts which 
 contain also a power to apprehend offenders. For instance, in 
 the metropolis, see 10 Geo. 4, c. 44, s. 9 ; 2 & 3 Vict. c. 47, 
 ss. 54, 62—67 ; 2 & 3 Vict. c. 94 (local. City), ss. 35, 43 -48 ; 
 and in boroughs, 5 & 6 Will. 4, c, 76, s. 78. 
 
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118 
 
 Summary ContictiOhs and Orders. [part 
 
 Before or 
 during the 
 hearing. 
 
 At hearing. 
 On variances. 
 
 Sect. III. Of remanding Defendant and tAkin'q Bail 
 
 BEFORE ilEA'RirfO AND ADtfJUDICATION. 
 
 By s. 16 of the 11 & 12 Vict. c. 43, ibefore or during tl 
 hearing 2 of any information or complaint, one justice or tl 
 justices present, in their discretion', may adjourn the hearing : 
 a certain tiiiie atid placte to be then a'ppdintisd and stated in tl 
 presence and hearing of the paVty or parties, 'and in the meai 
 time the said jiiStice or justices Wi&y suffer the defendant [i. e 
 who appears not on a warrant] to go at large, Orto&y conim 
 ( (D), p. 120) him to the common gaol orhouse of ^orrectio 
 or other prison, lock-up house or place of security ih'the'counti 
 &c., or to such other safe custody as the said justice or justic( 
 shall think fit, — or may discharge him upon his entering iiil 
 a recognizance ( (E), p. 121) 3, with or without surety c 
 sureties, at the discretion of such justice or justices, conditione 
 for his appearance at the time and place to which such hSarin 
 or further hearing shall be adjourned. 
 
 Bail for a defendant may also be taken at the heair'itig unde 
 the following circumstances : — where thefe is any variance ' 
 between an information (s. 9) or complaint or sutnlnons (s. 1] 
 or a warrant of apprehension (s. 3), and the evidence adducei 
 
 1 Previous to this act there was no general power formerly to bail hefm 
 the hearing in a case of summary conviction, and it could not be don 
 unless expressly authorized by the particular statiite, arid these instance 
 were very rare. 
 
 2 Before the hearing, would apply to cases where a defendant is appre 
 bended before the usual day of petty sessions, and the witnesses are no 
 therefore in attehdarice,^or where'too justices are necessary to 'adjudicate 
 and only one is present at the time and place appointed by the summons 
 &c. for the hearing. , During the hearing, would apply to cases where thi 
 hearing has taken place, or the evidence partly gone into, and a materia 
 witness is absent, and the justices wish to adJ9u^n'to obtaih tis' attendance 
 or to take time to consider their judgment, arid also where Variances liaTf 
 misled the defendant. In a recent case (Gefen v. Hall, 21 J. P. 710) it wai 
 held that a justice might remand a person under this sectipn who wai 
 brought before him on tlie alleged authority of a local act, arid that it was 
 not material to the justice whether the person so bringittghltn was justified 
 in detaining the party under that authority or not. , 
 
 3 The justice may administer an oath to the persons offering themselvei 
 as bail as to their sufficiency, which may be as follows: — "You shall true 
 answers make to all such questions as shall now "be demanded of you. So 
 help you God." The recognizance is usually put by the magistrate or his 
 clerk stating to the person bound and "his sureties the substance of the 
 recognizance, in the second person, thus: — " You A. B., you D. E., and 
 you F. G., severally acknowledge yourselves to owe to our sovereign lady 
 the queen the several sums following, that is to say, you the Said'A. B. the 
 
 sum of , you the said D. E. the sum of , and you the said F. G. the 
 
 sum of , to be void if you ;" then stating the condition OS in llii 
 
 written recognizance, but in the second person. 
 
 4 See s. 9, 
 
 emed material variances. 
 
CHAP I,] Sect. 3. Remmding and taking Bail, ^c. 
 
 on the part of the informant or complainant, and it shall ap- H ^^J^Jict. 
 
 pear to the justice ox justices present and acting at, such hep,ring 
 
 that the party has been thereby dec^iyed or misled, the justice 
 
 or justices, upon .such terms as he or they shall think fit 6, 
 
 may adjourn the bearing of , the case to some future day ,(ss. 1, 
 
 3, 9) 6, and commit ( (H), p. 121) the defendant, or take a 
 
 recognizance as before observed (ss. 3, 9). On the hearing, if ^™»;j4 "^^P" 
 
 defendant do not attend in obedience to the summons, and a ^gfJ^^antVe- 
 
 warrant has been granted, when apprehended he may be brought fore time of 
 
 before the same or some other justice or justices of the same ear'^g- 
 
 county, &c., who shall thereupon [i.;e.j wheye the complainant 
 
 is not presept], ,6ither by his or their warrant ( (H), p. 121), 
 
 commit such defendant to the house of correction (&c. as ante, 
 
 p. 118), or, if he or they t^ink fit, verbally to the cnstpdy of the 
 
 constable or other person who shall have apprehended him, or 
 
 to such other safe custody as he or they shall deem fit, and 
 
 orderthe (iefendpnt to be brought up at a certain tinie and 
 
 place 7, ibefore such justice or justices as shall -then be there, 
 
 of which said order tfie.complainstnt or informant shall have 
 
 due notice (,s. 13) 8. 
 
 If> the. complainant or informant, having had such notice, do On nonappear- 
 not appear byhimself, his counsel or attorney, the justice or p"3^°„|;_ 
 justices sfiall dismiss the complaint or information, unless for 
 some reason he or they shall think proper to adjourn the hear- 
 ing of the same unto some otlier day, upon such terms as he or 
 they shall think fit ; in such case they may commit or bail (s. 13) 
 in manner and by the same forms as before referred to. 
 
 In each of the cases above mentioned (by ss. 3, 9, 13, 16) Estreating tlie 
 there is a proviso for estreating the recognizance if the defend' on°tion^appear- 
 ant shall not aflerwar^is- appear at the time and place mentioned ance. 
 in such recognizance, which is,t — fhat " the said justice who 
 *' shall have taken the said recognizance, or any justice or justices 
 " who may then be there present, upon certifying ( (F), p. 121) 
 '^ upon the back of the said recognizance the nonappearance 
 " of the defendant, may transmit such recognizance to the clerk 
 
 5 This is presumed to refer to the costs consequent upon the adiourn- 
 mept.and bail being received. 
 
 6 There is no limit placed to the period of this adjournment. 
 
 7 There is no provision in this case for bailing the defendant, nor can 
 the justice suffer the defendant to go at large in the manner provided for by 
 the 16th section (15 J. P. 842). 
 
 8 This section omits to provide for the service of this notice, and it is 
 presumed the clerk to the justices should give it. See form in Oke's 
 " Formulist," 2nd ed., No. 17, p. 29. 
 
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120 Summary Convictions and Orders. [part 
 
 11 & 12 Vict. " of the peace of the county, riding, division, liberty, boioug 
 "• ^^' " or place within which such recognizance shall have bee 
 " taken, to be proceeded upon in like manner as other recogn 
 " zances 9, —and such certificate shall be deemed sufiSciei 
 " primd facie evidence of such nonappearance of the eai 
 " defendant." 
 
 Forms. 
 
 (D) Warrant of To W. T., constable of , and to the keeper of the [houie i 
 
 committal for oorreetion] at . 
 
 safe custody Whereas on last past information was laid [or *' coinplaiut ws 
 
 during an ad- made"] before the undersigned, [one] of her Majesty's justices of tl 
 
 j"""'""^?'- °^ peace in and for the said [county'] of , for that [Sj-c. as in th 
 
 the hearing. summons] : And whereas the hearing of the same is adjourned to th 
 
 day of instant at o'clock in the forenoon at , an 
 
 it is necessary that the said A. B. should in the meantime be kept i 
 safe custody : These are therefore to command you the said constablf 
 in her Majes^'s name, forthwith to convey the said A. B. to the [ham 
 
 of correction] sX , and there deliver him into the custody of th 
 
 keeper thereof, together with this precept ; and I hereby connnan 
 you the said keeper to receive the said A. B. into your custody in th 
 said [home of correction], and there safely keep him until the — 
 
 day of instant, when you are hereby required to convey and hav 
 
 him the said A. B., at the time and place to which the said hearing i 
 so adjourned as aforesaid, before such justices of the peace for the saii 
 [county] as may then be there, to answer further to the said informa 
 tion \or " complaint"], and to be further dealt with according to law 
 
 Given under my hand and seal, this day of , m the year o 
 
 our Lord , at , in the [countu] aforesaid. 
 
 J.S. (L.S.) 
 
 ■9 Mode of estreating Recognizances out of Sessions.] — The recognizane 
 must be removed by certiorari into the Crown Office, which is obtained b; 
 application to a judge at chambers, on a short affidavit of the object fo 
 which it was given, and a statement of breach. After the return of the re 
 cognizance, a writ of scire facias issues out of the Crown Office, suggestinj 
 the breach, which is delivered to the sheriff of the county where the de 
 fendant resides. The sheriff gives notice to the defendant, who must appea 
 to it in the Crown Office, and the issue is tried as any other cause. If i 
 verdict be returned for the crown, a writ of execution against the body o 
 goods of the defendant is issued, and if the return be nihil, or won est inwn 
 tus, the recognizance is entered into the Exchequer by the Master of thi 
 Crown Office, and process on it issues from the Exchequer. The prosecufo 
 must pay the costs in the first instance, and if he succeed he may recove 
 them from the defendant. The 3 Geo. i, c. 46, s. 2, does not apply to recog 
 nizances taken elsewhere than at sessions, and, therefore, the old law abovi 
 stated must be adopted. {Reg. v. Justices p/ Yorkshire, W. fl., 7 A. & E. 583 
 7 Law J. M. C. 9.) The mode of estreating recognizances for the peace o 
 good behaviour is now provided for by 16 & 17 Vict. c. 30, s. 2. See till 
 " Sureties," post, Part HI. 
 
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CHAP. I.] Sect. 3. Remanding and taking Bail, ^c. 121 
 
 Be it remembered, that on A. B. of ^labourer], and L. M. 11 & 12 Vict 
 
 of [grocer], personally came before the undersigned, [one] of her "• *^' 
 
 Majesty's justices of the peace in and for the said {county'] of , ,_. „ . 
 
 and severally acknowledged themselves to owe to our sovereign lady ^^1^^^^°^^ 
 the queen the several sums following ; (that is to say) the said A. B. ^ j^^^g „f 
 
 the sum of , and the said L. M. the sum of , of good and jfj^ defendant 
 
 lawful money of Great Britain, to be made and levied of their several „],gfg tf,g gase 
 goods and chattels, lands and tenements respectively, to the use of our jj adjourned, 
 said lady the queen, her heirs and successore, if he the said A. B. shall g^ „„( at once 
 fail in the condition indorsed. proceeded 
 
 Taken and acknowledged the day and year"j with. 
 
 first above-mentioned, at , before me, > 
 
 J. S.) 
 
 The condition of the within -written recognizance is such, that if the 
 
 said A. B. shall personally appear on the day of _ instant, at 
 
 o'clock in the forenoon, at , before such justices of the peace 
 
 for the said [couniy] as may then be there, to answer further to the 
 information [or "complaint"] of C. D. exhibited against the said 
 A. B., and to be further dealt with according to law, then the said 
 recognizance to be void, or else to stand in full force and virtue. 
 
 Take notice, that you A. B. are bound in the sum of , and you Notice of such 
 
 L. M. in the sum of , that you A. B. appear personally on recognizance to 
 
 at o'clock in the forenoon at , before such justices of the be given to the 
 
 peace for the said county as shall then be there, to answer further to a defendant and 
 certain information \or "complaint"] of C. D., the further hearing of '''^ surety, 
 which was adjourned to the said time and place, and unless you appear 
 accordingly the recognizance entered into by you A. B., and by L. M. 
 as your surety, will forthwith he levied on you and him. 
 
 Bated this day of , 185 — . 
 
 J. S. 
 
 I hereby certify, that the said A. B. hath not appeared at the time (F) Certificate 
 and place in the said condition mentioned, but therein hath made ofncnappear- 
 default, by reason whereof the within-written recognizance is for- *"<='' to be in- 
 feited. dorsed on the 
 
 j_ g defendant's re- 
 ' ' cognizance. 
 
 To W. T., constable of , and to the keeper of the \hmue of m\ Warrant 
 
 correcHori] at . t„ r'g„a„d a jg.. 
 
 Wliereas_ information was laid \or "complaint was made"] before fendant when 
 the undersiMcd, [one] of her Majesty's justices of the peace in and apprehended. 
 
 for the said [eoMM^] of , for that \^c. as in the summcms or war- 
 
 ranf] : And whereas the said A. B. hath been apprehended under and 
 by virtue of a warrant upon snch information [or " complaint"], and 
 is now brought before me as such justice as aforesaid : These are there- 
 fore to command yon the said constable, in her Majesty's name, forth- 
 with to convey the said A. B. to the [htmge ofcorreciion] at and 
 
 there to deliver him to the said keeper thereof, together with this' pre- 
 cept ; and I do hereby command you the said keeper to receive the 
 said A. B. into your custody in the said [house of correction], and 
 
 there safely keep him until next, the day of instant 
 
 when you are hereby commanded to co nvey and have h im at at 
 
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122 Summary Convictions and Orders. [paht i 
 
 11 & 12 Vict. o'clock in the forenoon of fhfi same day, before such justices c 
 
 c. 43. the peace of the said ■[county'] as may then be there, to answer to th 
 
 ■ " said information [or " complaint"], and to be further dealt with ac 
 
 cording to law. 
 
 Given under my hand and seal, this -^ — day of , m the yea 
 
 of our Lord , at , in the [coaBi'y]-aforesaid. 
 
 J. S. (l.s.) 
 
 Sect. IV. Of compelling Witnesses' Attendance, &c. 
 Summons to a By s. 7 of the 11 & 12 Vict. c. 43,—" if it shall be made t 
 " appear to any ijustice of the peace, by the oath «r a'ffirmatio: 
 " of any credible person, that any person within thejurisdictio 
 " of such justice is likely to give material evidence in behalf c 
 " the prosecutor, or complainant, .or defendant, and will nc 
 " voluntarily appear ior the purpose of being examined as 
 " witness, 2 at the time and place appointed for the hearing c 
 " such information or complaint, such justice may and i 
 " hereby -required to dssue 'his summons ( (G 1), post, p. 124 
 "to such person, under his hand and seal, requiring, him to b 
 
 witness. 
 
 1 Formerly the attendance of a witness could not be enforced, nor hi 
 contumacy punished, unless the statute under which the complaint or infoi 
 mation was preferred expressly authorized it, and these instances were n< 
 numerous, being prescribed by about one-iseventh of the. statutes on sun 
 mary convictions and orders. 
 
 2 Vide form of deposition to this effect, Oke's " FormuUst," 2nd ed 
 No. 18, p. 30. 
 
 The words " within the jurisdiction" restrict the usefulness of this pre 
 vision in a material degree, for hy the former practice a summons might I 
 issued (where the justices had jurisdiction to summon, see note 1, stijira 
 to a witness anywhere, if the justice had jurisdiction in the matter of tl 
 complaint or information; now the witness must reside or be within th 
 jurisdiction at the time of issuing the summons, and also, of course, tli 
 hearing must take place in the same jurisdiction. A justice of one count 
 would have no jurisdiction, although the charge arose in his county, to isst 
 a summons to a witness residing in the next adjoining county, nor, on th 
 contrary, where the witness resides within, and the charge arose out of h 
 jurisdiction ; but he might to a. witness residing in a city or borough,withi 
 his county, as he has jurisdiction there (see 11 & 12 Vict, c.,42, s. 6, ant 
 pp. 10, 11 ). It seemed almost unnecessary in this section to provide fontli 
 backing of a warrant when a. summons cannot be issued out of the jurisdii 
 tion ; but it has been said, the witness may happen to be out of the jurii 
 diction when the constable goes to execute the warrant, and then.it may I 
 backed. The justices of two or more adjoining counties, where a witnei 
 resides in one of them, and the compla^int arose there or in one of then 
 -also, jtiappears,' would have authority' to issue his summons to the witnes 
 and to hear.the matter in either county ; because likewise he has jorisdii 
 tion (see^ll'& 12 Vict.ic.v42, s.d, ante,fp. 10). Under all other oiicun 
 stances, and where the production of documents, ds ; required, to obtain 
 Crown Office subpoena is the only course to be pursued ; an expensive ar 
 dilatory process, but which may be followed by an attachment, if dissheye 
 {Reg. v. Greenaway, 7 Q. B. 126 ; Reg. v. Carey, Id.) 
 
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CHAP. T.] Sedt. 4. Compelling Wimsses' Attendance, ^6.' 128 
 
 c. 48. 
 
 " arid appear, at a time and place mentioned in such summons, il & 12 Vict 
 
 " Mort tiie ^aid justidfe, or before siliteh other justice or justices 
 
 " of the peace fol- the SaYne county, i-idi'itg, di'^feion, liblertjr, city, 
 
 " borongh Or plafee, as fehall then be 'thei-6, to testify what he 
 
 " shall know cohcel'irfrig the matter of the said information 
 
 " or cotti plaint ;— and if any pei-son so swmntoned shall neglect 
 
 " or fe'fiise to appear at the time and pfece appointed by the 
 
 " said feotomons, ind no just exctise shall be offei-ed for sOcli 
 
 " 'neglect or refirsal, then (aflfer pi-oof upon tiath of affirmation 
 
 " of sffch Summons haVing been served u'pon such person, 
 
 •' eitlier peTSbn'aHy, oi* iy leaving the siame for him with some How summons 
 
 " perso'n at his fest br mdst •usual place of abode, and that a served. 
 
 " Reasonable satn 'ittSB paid or iewtferfcii to hitn for his costs and Tender of ex- 
 
 " expenses in lihat behalf, 3 it shall be la\fful for the justice or ^nsesneces- 
 
 " jlistices befdre whom such jierson sbaill have'appealre'd to issue 
 
 " a warrant ( (G 2), post, p. 125), under his or their hands and Warrant on 
 
 " seals, to bring and have ^udh person, at -a. time 'and place to ^u^^^""* "^ 
 
 "be therein mentioned, befote the jtiStice' Who issued the said 
 
 " summons, Or before such otheJrjustiee'or justices of the peace 
 
 " for the Same county, riding, division, liberty, city, -bdrough 
 
 " or place, as shall then be there, to testify as dft)ife^ia,'^arid 
 
 " which said ivai-rant may, if necessary, "ie fittcfteW as helseinhe- 
 
 " fore is mentioned, in order to its being exectited out of the 
 
 "jurisdiction of the justice who shall have 'issued the same; — 
 
 " or if such justice shall be satisfied by evidence upon oath or or warrant in 
 
 " affirmation that it is probable that such person will not attend *^^ fi"' "'■ 
 
 StADCC 
 
 " to give evidence without being compelled so to do, then, in- 
 
 " stead of issuing such summons, it'shall be lawful fbr'bim to 
 
 " issue his warrant ( (G S), post, p. 125) in the first instance, 
 
 " and which, if necessary, maybebaxAed usUforeiaid; — and if Witness re- 
 
 " on the appearance of such 'person so siimmOned before the fusing to be 
 
 " said last-mentioned justice or justices,— either in obedience to may be com- ' 
 
 __ mitted. 
 
 3 Tender of Witness's Expenses.'] — ^What is a reasonable sum will depend, 
 it is presuhied, on the scMe of 'allowance to witnesses on the prelittiiuary 
 itibuiiy in indictable offfericts, to'v*hicli it would be #ell to 'adhere in sum- 
 rhary Cortvidtiotts ' and drders. A tender may, it seems, be made to any 
 person at the witness's abode. The legal mode of making a tender is' b^ 
 jifoducihg ftie'ltattney, hatiilgwhit it is for,''A»id'the'fiilibdnt, and Wthdut 
 any coridittbiiibeing mehti'oiied, as requiring a receipt, &c. (RoScbe's'Law 
 of Evideftde, '332, '333k) If the sum be above '40». the tender' must not'be 
 inade in iilvfer Boin, ttit in gfold (66 Geo. 3,c. fi8,"ss. 11, 12)'j— below^ 40»., 
 It hiay be iiiWeia silvfer'<;6in; — below sixpence, if may be Wade in ftrthings 
 'and halfpence (IBliCftm. p.' 277). These expenses'of'the^^itness^iU form 
 apirtof the cokts' attendfflg the conviction 6r order of ' disiaiss4l, as the 
 case may be. 
 
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124 
 
 Summary Convictions and Orders, [part i 
 
 11 & 12 Vict " the said summons, or upon being brought before him or then 
 ''■*^- " by virtue of the said warrant, 4 — such person shall refuse t( 
 
 " be examined upon oath or affirmation concerning the pre 
 " mises, — or shall refuse to take such oath or affirmation, — or 
 " having taken such oath or affirmation, shall refuse to answei 
 " such questions concerning the premises as shall then be pu: 
 " to him, without offering any just excuse for such refusal,— 
 " any justice of the peace then present, and having there juris- 
 " diction, may, by warrant ( (G 4), post, p. 125) under his 
 " hand and seal, commit the person so refusing to the common 
 " gaol or house of correction for the county, riding, division, 
 " liberty, city, borough or place where such person so refusing 
 " shall then be, there to remain and be imprisoned for any time 
 " not exceeding seven days, unless he shall in the meantime 
 " consent to be examined, and to answer concerning the pre- 
 " mises." 5 
 Home Secre- By s. 9 of the 16 & 17 Vict. c. 30, the secretary of state, or 
 tary may order gny judge of the Queen's Bench, Common Pleas or Exchequer, 
 
 a person to be ^ '' ^ ,..,_,.' . , ^ 
 
 brought before upon apphcation by aindavit, may issue a warrant or order lor 
 ajusticeasa bringing up any prisoner or person confined in any gaol, &c. 
 under any sentence, or under commitment for tiial or otherwise 
 (except under process in any civil action, suit or proceeding), 
 before any court or justice, to be examined as a witness in any 
 cause or matter, civil or criminal. 
 
 (G 1) Sum- 
 mons of a 
 witness. 
 
 FOBMS. 
 
 To E. F., of , in the said \county'] of . 
 
 Whereas information was laid \or " complaint was made"] before 
 the undersigned, [owe] of her Majesty's justices of the peace in and 
 
 for the said [county'] of , for that [Sfc. as in the summons] ; and 
 
 it hath been made to appear to me upon [oath] that you are likely to 
 give material evidence on behalf of the ["prosecutor," or "com- 
 plainant," or "defendant"] in this behalf: These are therefore to 
 
 4 A witness might attend voluntarily, and yet refuse to take the oath, &c., 
 in which case it is doubtful whether he could be committed. The form of 
 commitment, G. 4, post, p. 125, does not allude to the issue of a summons to 
 the witness. 
 
 5 It appears that this punishment would be cumulative in those cases 
 where the statutes giving cognizance of the matter impose a penalty on wit- 
 nesses not attending, &c., being supplemental to the provision of the statute 
 ill the text, and not inconsistent therewith. The cases in which this pecu- 
 niary penalty can he adjudged are shown in notes to the 2nd column of 
 Chap. II., for instance, note 1, tit. " Alehouses;" but in many such cases a 
 conviction is necessary. (Vide forms Nos. 24—29, Oke's " Fomulitt," 
 2nd ed. pp. 32, 33.) 
 
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CHAP. I.] Sect. 4. Compelling Witnesses' Attendance, ^c. 125 
 
 require you to he and appear on , at o'clock in the forenoon, 11 & '^^ Vict 
 
 at , before such justices of the peace for the said county as may "• *^- 
 
 then be there, to testify what you shall know concerning the matter of 
 the said information [or " complaint'']. 
 
 Given under my hand and seal, this — — day of , in the year 
 
 of our Lord , at , in the [eountyl aforesaid. 
 
 J. S. (l.s.) 
 
 To the constable of , and to aU other peace officers in the said (G 2) Warrant 
 
 [county'] of . where a witness 
 
 Whereas information was laid [or "complaint was made"] before has not obeyed 
 the undersigned, [one] of her Majesty's justices of the peace in and for a summons. 
 
 the said [county] of , for that [Sfc. as in the summons] ; and it 
 
 having been made to appear to me upon oath that E. F., of , in 
 
 the said county [labourer'], was likely to give material evidence on 
 behalf of the [prosecutor], I did duly issue my summons to the said 
 
 E. F., requiring him to be and appear on , at o'clock in the 
 
 forenoon of the same day, at , before such justices of the peace for 
 
 the said county as might then be there, to testify what he should know 
 concerning the said A. B.,* or the matter of the said information [or » sic. 
 " complaint"] : And whereas proof hath this day been made before 
 me upon oath of such summons having been duly served upon the said 
 E. E., and of a reasonable sum having been paid [or "tendered"] to 
 him for his costs and expenses in that behalf: And whereas the said 
 E. E. hath neglected to appear at the time and place appointed by the 
 said summons, and no just excuse hath been offered for such neglect : 
 These are therefore to command yon to take the said E. F., and to 
 
 bring and have him on , at o'clock in the forenoon, at , 
 
 before such justices of the peace for the said county as may then be 
 there, to testify what he shall know concerning the matter of the said 
 information [or "complaint"]. Given [&c. as (G 1), supra.] 
 
 To the constable of , and to all other peace officers in the (G 3) Warrant 
 
 [county'] of . for a witness in 
 
 Whereas information was laid [or " complaint was made"] before the first in- 
 the undersigned, [one] of her Majesty's justices of the peace in and for stance. 
 
 the said [county^ of , for that [^c. as in the summons] ; and it 
 
 being made to appear before me upon oath that E. F., of [laboura-], 
 
 is likely to give material evidence on behalf of the [prosecutor] in this 
 matter, and it is probable that the said E. F. will not attend to give 
 evidence without being compelled so to do : These are therefore to 
 
 command you to bring and have the said E. F. before me on , at 
 
 o'clock in the forenoon, at , or before such other justices of 
 
 the peace for the said county as may then be there, to testify what he 
 shall know concerning the matter of the said information [or " com- 
 plaint"]. Given [&c. as (G 1), supra^. 
 
 To W. T., constable of , in the said [county] of , and to (G 4) Commit- 
 
 the keeper of the [house of correction] at . ment of a wit- 
 
 Whereas information was laid [or " complaint was made"] before nessforre- 
 the undersigned, [one] of her Majesty's justices of the peace in and for ^"^ing to be 
 
 we said [county] of , for that [Sfc. as in the summons] ; and one °"°''" °' '° 
 
 E. F., now appearing before me such j ustice aforesaid on at — ^i^e evidence. 
 
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126 Summary Convictions and Orders, [eau 
 
 11 8s 12 Vict and beJQg required by me to make, oath or affirm£|.tion zs a witnes 
 c. 43. that behalf, batb now refused so to do [qr " being now here duly sv 
 
 a^ a Tyitness in the matter of the said ipfprmation or comp^^ip't, ( 
 refuse to answer certain questions concerning tb$ premises, which 
 now here mit to him"] without offering apy just excuse for such 
 refusal : These are therefore to coifinfipd you the said constabli 
 tal^e the said E. F., and him safely convey to the [house of correct 
 
 at aforesaid, and there deliver him to the said keeper thei 
 
 together with this precept ; and I do hereby command you the 
 keeper pf the s^id {house of cop-eetion] to receive the said B. F. 
 your custody in the said [house of correction], and there iqiprison 
 iQr aueh his contenipt for the space qf — — d%y% unless he sh^ vf 
 meantiine consent tp be examined and tq answer ppnceming the ] 
 raises ; and Jfor yo,ur so dqing (his ^hay be your suffiojgflt w^ra 
 Given [&c, as (6 l), ante, p. 125]. 
 
 Sbct. V. The Heading and Adjudication, &p. 
 
 As the hearing of a case and an adjudication qpon it n 
 take place under various circuqistances, this part of the subj 
 will be divided into several branches, where each can be ( 
 tjnctly treated of. They are. — 
 
 1. Seofinei, before whom, and where, p. 126. 
 
 2. Of Adjourtfments, p. 130. 
 
 3. Appearemee of Complainant, and DefenfLant mi t 
 
 pearin^, p. 131. 
 
 4. Appearance of Defendant, and Complainant not appei 
 
 ing, p. 132. 
 ^ Ifonappearance qf b0h or either party q.t Adjunn 
 Searing, p. 136. 
 
 6. Appearance of all Parties, p. 136. 
 
 7. A4Jw4i<!(fHon md Proceedings thereon, p. 140, 
 
 8. The Detection of Juveniles m Reformatories, p. 157. 
 
 1. Searing, before whom, and where. 
 Hearing, be- By ««otion 12 of the 11 ,& 12 Vict. c. 43,— "every su 
 where. °'"' *" " complaipt and information shall be beard, tried, determin 
 " and adjudged by one or t^p or njiQre justice or ju$t^ces of I 
 " peace, as shall be directed by the act of parliament up 
 " which such complaint or information shall be framed, 
 " such other act or acts of parliament as there may be in tl: 
 " behalf: — and if there be no suph direction in juiy such f 
 "of parliament, then «»oh complaint or informationmay > 
 " heard, tried, determined and adjudged by any one justicp 
 
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CHAP. I.] Sect. 5. Tke Searing and Adjudication, ^c. 1*' 
 
 " the peace for the county, riding, division, liberty, city, bo- " ^^^^g^"^'- 
 
 « rough or pl^ee where the matter of such information shall '- 
 
 " have atiseh 1 ;— and the room or place in which such justice Open court. 
 
 « or justices shall sit to hear and try any such complaint or 
 
 " information shall be deemed an open and public court, to 
 
 " which the public generally may have access, so far as the 
 
 « same can conveniently contain them 2 ;— and the party ^j^^^^P^ 
 
 " against whom such complaint is made or information laid ^,^3^ ,,y ^^ 
 
 " shall be admitted to make his full answer and defence thereto, torney. 
 
 " and to have the witnesses examined and cross-examined by 
 
 "counsel or attorney on his behalf;— and every complainant 
 
 " or informant in any such case shall be at liberty to conduct 
 
 " such complaint or information respectively, and to have the 
 
 " witnesses examined and cross-examined by counsel or at- 
 
 " torney on his behalf 3 ;" but if the defendant is represented 
 
 by attorney he cannot himself be heard. The 7 & 8 Vict c. officer of 
 
 1*01, 8. 68, allows an officer of the guardians of an union to ^'™ "^^ ^" 
 
 conduct proceedings on their behalf, although he is not an 
 
 attorney. 
 
 In general the hearing and adjudication upon the informa- wbere offenee 
 
 tion or complaint must take place in the county, &c where the committed, « 
 _, . , 1 /. '1 • J matter arose, 
 
 oiience was committed or the matter 01 complaint arose, and 
 
 1 The fourth column of Chap. 2 will show in each case and c&nce the 
 numher of justices required to hear, and also what justices are disqualified, 
 and when the hearing must take place before justices of and in a particular 
 divisio?i (as, for instance, to "Alehouses," "Aggravated Assaults,*' " Highivas/s" 
 " Criminal JusticeAct," " Nuisances," &c. &c.), or out of their ordinary juris- 
 diction (as ante, pp. 17, 18) ; the stat. 11 & 12 Vict. c. 43, not affecting the 
 kind of justices, but only the number, where the particular statute is silent 
 on the subject, except that (by s. 29) it authorizes in all cases any justice to 
 hear although he did not receive ftie information or complaint, and where 
 , two are necessary, they must be both " present and acting together during 
 the whole of the hearing and determination of the case" (s. 29). 
 
 2- It will be observed that this is not the case on the preliminary inquiry 
 in indietable offences (11 & 12 Vict, c 42, s. 19). The parties mast con- 
 duct themselves orderly, otherwise they should be ejected, but there sfpeam 
 to he no authority in the justices to commit for contempt {S. Stone's Manual, 
 m, 5th ed. ; 7 J. P. 12S ; 15 J. P. 46). At 16 i. P. 795, a conteary opinion 
 is expressed ; the point is, however, very doubtful. 
 
 3 By the repealed act 6 & 7 Will. 4, c. 114, s. 2, only the defendant was 
 entitled to the assistance of an attorney, and it was discretionary with the 
 justices to allow such assistance to a complainant : an informer was obliged 
 to prosecute 4n person (18 Eliz. c.5, s. 1). In the case of Cohbett v. MuJtm 
 (1 El. & Bl. 11 ; 22 Law J, (N. S.) Q. B. 11 ; 17 J. P. 39), it was decide^ 
 that notwithstanding that it is very objectionable that a party to a suit 
 should act as his own advocate, and afterwards give evidence ia support of 
 his own case, a judge has no authority to prevent him, and the 2nd section 
 of the Evidence Act, 14 & 15 Vict. c. 99, does not abridge the qght of the 
 party so to act. The defendant's attorney cannot, however, plead to the 
 mformation or complaint for his client. 
 
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128 
 
 Summary Convictiom and Orders. [par' 
 
 Ordering wit- 
 nesses out of 
 court. 
 
 Conviction on 
 view. 
 
 Death of in- 
 former before 
 hearing. 
 
 the justice or justices must be of the same jurisdiction as si 
 county, &c. ; but that jurisdiction in this respect, as well as 
 exceptions to the general rule, is fully noticed in the Introd 
 tion, ante, p. 5, &c., to which the reader must refer in pa 
 cular cases. 
 
 Before the ease is entered into, either party may applj 
 have the witnesses ordered out of court, which request sho 
 always be complied with. It is unusual, however, to inch 
 in this order medical witnesses, or those who are merelj 
 speak to mere matters of form or character, and the attorr 
 for the respective parties are always excepted. Under si 
 circumstances it will be of importance to ascertain that 
 witnesses of the opposite party strictly comply with this ord 
 since, should they violate it, their testimony cannot on t 
 account be rejected {Cooke v. Nelhercote, 6 C. & P. 14 
 Chandler v. Home, 2 M. & Rob. 423), nor have the mac 
 trates any summary power of punishing them for the disci 
 dience (Saund. Pr. Sura. Con. 38 j and see S. Stone's Mann 
 5th edit. 239). 
 
 In those cases in which a conviction may take place on I 
 view of a justice, the defendant must nevertheless have an ( 
 portunity of making a defence (see Reg. v. Smith, 9 J. P. ' 
 and a summons or warrant in the usual form should issue 
 him, except perhaps where apprehension without a warrant 
 allowed by the particular act. 4 
 
 In case of the death of the informer before the hearing, t 
 information is, it is conceived, at an end, and cannot be pi 
 ceeded with by the personal representatives. There is no o 
 before the court against whom the justices could issue a warra 
 of distress for costs under 11 & 12 Vict. c. 43, s. 18, or t 
 particular statute, if the defendant should be acquitted; n 
 have the justices any power, it is apprehended, to inquire w 
 are the representatives, or to award the penalty, payable to 
 informer, to his executors or administrators. The informatii 
 does not affect any estate or interest which representativ 
 
 4 In the case of Reg. v. Smith, Lord Denman's observations were the! 
 " We think that a magistrate, empowered to convict upon the view, ou{ 
 first to call upon the offender for a defence. However rapid the procee 
 ings may be, there must be time for stating a charge and for receiving t 
 answer to it. A driver seen riding upon his waggon is, primi facie, a 
 subject for punishment ; but if he could show that he was compelled so 
 ride by supervening illness, or some accident, the penalty should be i 
 mitted." ' nde Form of Conviction on view among the forms of Convictioi 
 post, p. 153. 
 
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CHAP. I.] Sect. 5. The Hearing and Adjudication,'^c. 129 
 
 receive under the will, or by law (8 J. P. 638; Stone's Manual, 
 p. 237, 5th edit.). 
 
 Where proceeding are taken against two or more persons Where a. joint 
 for an oiFence which k joint, and by which one penalty only is "g^^^ ^f. 
 incurred, and some only have been apprehended or duly sum- fenders, 
 moned at the time of the hearing, the hearing may either be 
 adjourned till the others are brought up (if those who are 
 present consent to this course), or if the hearing take place and 
 a conviction be made, the absent parties cannot be afterwards 
 convicted (16 J. P. 511 ; 4 Magis. 225), neither can the omis- 
 sion of a particeps criminis be taken advantage of by those 
 who are convicted (Stone's Manual, 5th edit. p. 237). 
 
 Where several persons are charged with an ofience which is Where a sterol 
 
 in its nature several, they will be heard at the same time, if °fi"^"<=^ ^"^ 
 ' ■' _ ' several oi- 
 
 they appear, and they cannot claim to have their cases heard fenders. 
 
 separately. If all do not appear, the proceeding can be ex 
 parte, as above stated, with reference to those who are absent, 
 and the others can be afterwards heard upon the same or ano- 
 ther information (16 J. P. 511 ; 4 Magis. 225). 
 
 If the proceedings were commenced in due time by laying When convic- 
 the information, the hearing and judgment may take place at *'°" '° '^^' 
 any time beyond the period allowed (5. v. Barrett, 1 Salk. ^^''^' 
 383; Paley, 4th edit., p. 44); but to show this upon the com- 
 mitment, conviction, &c., there should be inserted before the 
 date of the offence these words " n>ithin [the time al- 
 lowed for laying the information] next before the laying of the 
 information on which this conviction (or the conviction in this 
 behalf) is founded, to wit, on ^c, at }c" But if the mahing 
 the conviction must be within a limited time, it is not enough 
 that the information was laid within that period, bat the con- 
 viction made after is void {R. y. Tolley, 3 East. 467) ; as also 
 where the penalty is to be recovered within a given time (see 
 ante, p. 96) ; and no adjournment, even by consent of all 
 parties, prolongs the justice's authority over the case (ii. v. 
 Bellamy, 1 B. & C. 500). The act of convicting cannot be Kotona 
 performed on a Sunday, being a judicial act (9 Coke, R. 666.) ^"^^^J- 
 
 o.s. 
 
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130 
 
 Several causes 
 for an adjourn- 
 ment. 
 
 Summai'y Convictions and Orders. [pai 
 
 2. Of Adjournments 5. 
 These may take place under several diflFerent clrcumsta 
 which are : — 
 
 1. By s. 16 (as will be seen, ante, p. 118, before or durin] 
 
 hearing,— upon which the defendant is set at large, or 
 mitted, or bail taken for his future appearance. 
 
 2. By s. 13 (as will be seen, ante, p. 119), where defendani 
 
 not appear to a summons, and a warrant is granted ; 
 apprehended the defendant is brought before a justice, 
 is to order him to be kept in custody and brought up 
 future time, of which the complainant or informant is to 
 notice (see note 8, ante, p. 119) ; if the latter do not a| 
 by himself, or his attorney, the justice or justices may di 
 the charge, unless for some reason he or they shall 
 proper to adjourn the hearing upon such terms 6 as 1 
 they shall they think fit;— in which case the defends 
 committed or his recognizance taken. 
 
 3. Where upon the hearing any variance 7 between the info 
 
 tion (s. 9) — or complaint or summons (s. 1),— or warra 
 apprehension (s. 3),— and the evidence adduced on the pi 
 the complainant or informant, and such variance shall a] 
 to the justice or justices present to have deceived or n 
 the party, the justice or justices, upon such terms 6 as 
 they shall think fit, may adjourn the hearing (ss. 1, 3, ! 
 in which case the defendant is committted or bailed (ss, 
 ante, p. 119). 
 
 For the mode of estreating the recognizances, see ani 
 120, and note 9 thereto 8. 
 
 5 There is no limit of time placed to any of these adjournments, 
 an indictable offence a remand is not to exceed eight clear days. 
 
 6 This is presumed to refer to costs, i. e. upon the complainai 
 informant paying the costs attending such adjournment, and upon 
 supposition he would be liable to pay the costs of the defendant's dete 
 or committal, or of the fee for the recognizance ; but how could th 
 recovered from the complainant or informant where the defendant is 
 victed ? Those costs would not strictly form part of the costs of the 
 viction, the sections (18, 26) only relatingto costs upon dismissal anc 
 victim. The amount should therefore be paid then and there, befor 
 adjournment takes place, as there is no power to enforce payment 
 
 7 See s. 9, ante, p. 98, for what is a material variance. 
 
 8 Mr. Archbold, in his edition of Jervis's Acts, in a note to thf 
 9th and 13th sections, says, that " if the defendant do not appear 
 "recognizance, with the indorsement, is sent to the clerk of the peac 
 " estreated, and the justices, or one of them, may issue a warrant fm his c 
 " liension ;" but where is such a power mentioned I It is presumed th 
 proceedings must be commenced de novo, for the defendant has all 
 appeared to the summons, unless there is a power in the particular i 
 
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CHAP. I.] Sect. o. The Searing and Adjudication, ^e. 131 
 
 There is no power to enlarge the recognizance, should the Enlai^ii^ re- 
 case be further adjonrned, and in that event a fresh recognizance «=*«"**»™^*- 
 should be taken. 
 
 3. Appearance of Complainant, and DefendmU not appearing. 
 
 By sect. 13 of the 11 & 12 Vict. c. 43,— "if at the day and Ej p«ra 
 place appointed in and by the summons aforesaid for hearing **»™e- 
 " and determining such complaint or informatioD, the defendant 
 " against whom the same shall ha?e been made or laid shall not 
 " appear when called, the constable or other person who shall 
 « have served him with the summons in that behalf ^all then 
 " declare upon oath in what manner he served the said ;a»- 
 " raons ;-and if it appear to the satisfaction of any jo^ice or 
 " justices that he duly served 9 the said sammoos, in that case 
 " such justice or justices may proceed to hear and determine 
 " the case in the absence of such defendant,-or the said jui- 
 " tice or justices, upon the nonappearance of such ddeadant as 
 " aforesaid, may, if he or they think fit, issue his or their war- 
 " rant in manner hereinbefore directed,— and shall adjourn the 
 " hearing of the said complaint or information until the said 
 defendant shall be apprehended." 
 
 Sect. 2. after providing/or the issue of a warrant on the dis- 
 obedience of the summons, or a warrant in the fi«t instance 
 upon mformations, also gives power to frooeeA ex parU, by 
 enacting,-" or ,f, where a summons shall be so issued as Jorl 
 sa,d. «nd upon the day and at the place appointed in and by 
 the said summons for the appearance of the party so sum- 
 moned such party shall fail to appear accor^J in oS- 
 dience to such summons, then and in every such li, ,f itt 
 
 « « Tt h" ^^™^'°" '' the juleor justi;es then 
 pre ent, that such summons was duly served 9 upon such 
 party a reasonable time before the time so appointed for ht 
 appearance as aforesaid, it shall be lawful for'suchTusSe or 
 
 "justices of the peace to proceed .. parte to the hSg oj 
 
 cognizance , see note 9, ante, p m ^""^ '" "=''^^' '^e re- 
 
 9 See sects. 1 and 2, ante, dd 112 1 1 ^ ... .i. 
 would be advisable, where personal ^erVl!' I " ^\ "*""""• "^ ""!■=?. It 
 proof should be given of the sumZn i.''^? °°' ''^«" «ff«'='«d, that some 
 
 knowledge a. .a/„«iwrLtfrtrday^Thlin°g":''° ''^ '^''='«'»"« 
 
 k2 
 
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132 
 
 Summary Convictions and Orders. [pa 
 
 11 & 12 Vict. " such information or complaint, and to adjudicate, tbereo 
 "• *^' " fully and effectually, to all intents and purposes, as if 
 
 " party had personally appeared before him or them in 
 " dience to the said summons." 
 
 Dismissal or 
 adjournment. 
 
 Order of dis- 
 missal. 
 
 Costs on dis- 
 missal. 
 
 4. Appearance of Defendant, and Complainant not appea 
 By s, 13, — " if upon the day and at the place so appo 
 " as aforesaid such defendant shall attend voluntarily in 
 " dience to the summons in that behalf served upon him, 
 " shall be brought before the said justice or justices by v 
 " of any warrant, — then, if the complainant or informant, ha 
 " had such notice as aforesaid, 10 do not appear by himsel; 
 " counsel or attorney, the said justice or justices shall dis 
 " such complaint or information, unless for some reason I 
 " they shall think proper to adjourn the hearing of the i 
 " unto some other day, upon such terms 11 as he or they 
 " think fit." If the justices dismiss the complaint or info 
 tion, as it is not upon the merits, and no order should be i 
 at the request of the defendant (as noticed, p. 133), it seer 
 be in the nature of a nonsuit in a civil cause, and the comp 
 or information may be preferred again 12. 
 
 In case of an adjournment the defendant is committer 
 bailed 13 (see ante, pp. 118, 119). 
 
 In case of a dismissal of the information or complaint, 
 shall be lawful for such justice or justices, if he or they ( 
 think fit, being required so to do, to make an order of dism 
 of the same ( (L) post, p. 134),— and shall give the defendai 
 that behalf a certificate thereof ( (M) post, p. 134), — which 
 certificate afterwards, upon being produced, without fur 
 proof, shall be a bar to any subsequent information or c 
 plaint for the same matters respectively against the same pa 
 (s. 14). The justice or justices, in his or their discretion, in 
 by his or their order of dismissal, may award and order that 
 
 10 Applicable where the defendant is apprehended before and 
 hearing is adjourned, and notice is given to the complainant or infori 
 See note 8, ante, p. 130. 
 
 11 Sec note 6, ante, p. 130. 
 
 12 13 J. P. 498 ; 15 J. P. 123. The case of Tunnkliffe v. Tedd, not 
 post, p. 141, is not applicable here, as no hearing takes place. 
 
 13 Where the defendant is not brought up on a warrant, in cases ni 
 a serious character, he ought to be discharged upon his own recogniz 
 alone. 
 
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CHAP. I.] Sect. 5. The Hearing and Adjudication, ^c. 133 
 
 prosecutor or complainant respectively shall pay to the defendant 11 & 1 2 ^ ict. 
 
 such costs as to such justice or justices shall seem just and rea- ; — '. 
 
 sonable 14 ; — to be recovered by distress ( (Q 1) post, p. 134) 
 
 and sale of the goods and chattels of the party (which may be 
 
 backed ( (N 3) jiost, p. 133), if required to be executed in another 
 
 jurisdiction), — and in default of such distress by imprisonment 
 
 ( (Q 2) post, p. 135), with or without Iiard labour, for any time 
 
 not exceeding one calendar month, unless such costs [and the 
 
 costs of distress and conoeyance Xo gaol (s. 20; ] shall be sooner 
 
 paid (s. 18). 
 
 No such order of dismissal can be made, and each party Jnsdce! cannat 
 
 ordered to pay his own costs, or half, as was once the practice: dhideAeKsc 
 t 1 J- ■ 1 • 1 ■ . . ... benreenthe 
 
 but a dismissal without mention of costs to be paid by the com- paities. 
 
 plainant or informant to the defendant would be tantamoant to 
 such an order, the defendant paying his own costs of attorney, 
 witnesses, &c., and the prosecutor or complainant payin" the 
 justices' clerk's fees, constable's allowance for service of sum- 
 mons on the defendant, &c., and his witnesses. The costs to 
 be paid by the complainant to the defendant, if ordered, would 
 be, the expenses of defendant's witnesses, his attorney, if any, 14 
 and the justices' cle/k's fees for summonses to witnesses, and 
 order and certificate of dismissal ; but not the constable's or 
 clerk's fees for summons and service on the defendant, for they 
 would be the costs incurred by the complainant, and, if not 
 paid, would he recoverable by the respective parties in the 
 County Court (vide Introduction, ante, pp. 86—88) 
 
 A copy of the minute of the order of dismissal must be Minute of 
 served on the prosecutor or complainant before the payment of «<>«'» be 
 the costs is enforced (s. 17). 15 serred. 
 
 The prosecutor or complainant may be committed forthwith C„mpIaiB.„. 
 for the costs. If he has no goods to levy on, or a distress would ^y^ —- 
 be ruinous J for this order of dismissal with costs, requiring Sor"^' 
 "the payment of a sum of money," seems to come sufficiently ^^^l 
 wuhin the meaning of the enacting part of the 19th section of '^"^ 
 1 & 12 Vict. c. 43, to bring it within that part of the proviso 
 
 complai^nt ,s part c/the dSan;-s'::str "" '"'""' '" "^ " ^''^ "? *« 
 
 16 me form of commitment, Oke's '^F„n>ulistr 2nd ed. No. 38, p. S7. 
 
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134 
 
 Summary Convictions and Orders, [par 
 
 Forms. 
 
 (L) Order of ^ Be it remembered, that on information was laid 
 
 dismissal of an to wit. S "complaint was made"] before the undersimed [one] of 
 information or Majesty's justices of the peace in and for the said ^county] of — 
 complaint. foj. (jjat [^^c_ as in the summons to ike defendanf], and now at 
 
 day, to wit, on , at , both the said parties appear before 
 
 in order that I should hear and determine the said information 
 "complaint"], [or " the said A. B. appeareth before me, but the 
 C. D., although duly called, doth not appear"] ; whereupon the nis 
 of the said information [or "complaint"] being by me duly co 
 dered, [it manifestly appears to me that the said information {or " c 
 plaint") is not proved, and*] I do therefore dismiss the same, an( 
 adjudge that the said C. D. do pay to the said A. B. the sum of - 
 for his costs incurred by him in his defence in this behalf; and if 
 
 said sum for costs be not paid forthwith [or " on or before " 
 
 order that the same be levied by distress and sale of the goods 
 chattels of the said C. D., and in default of sufficient distress in 
 behalf, I adjudge the said C. D. to be imprisoned in the [house of i 
 
 rection'] at in the said coynty [and there kept to hard labour^ 
 
 the space of , unless the said sum for costs, and all costs 
 
 charges of the said distress [and of the commitment and conveym 
 the said C. J), to the said house of correction], shall be sooner pai( 
 
 Given under my hand and seal, this day of , in the i 
 
 of our Lord , at , in the [county] aforesaid. 
 
 J. S. (l.s 
 
 • If the informant or complainant do not appear these words ma; 
 omitted. 
 
 (M) Certificate 
 of dismissal. 
 
 I hereby certify, that an information [or "complaint"] preferrec 
 C. D. against A. B. for that [&c. as in the summons], was this 
 considered by me, one of her Majesty's justices of the peace in and 
 the [county] of , and was by me dismissed [vnth costs]. 
 
 Dated this day of , 185 — . 
 
 (Q 1) Warrant 
 of distress for 
 costs upon an 
 order for dis- 
 missal of an 
 information or 
 complaint. 
 
 To the constable of , and to all other peace officers in 
 
 said [county] of . 
 
 Whereas on last past information was laid [or "complaint 
 
 made"] before the undersigned [one] of her Majesty's justices of 
 peace in and for the said [county], for that [&c. as in the arde 
 
 dismissal] : and afterwards, to wit, on , at , both parties 
 
 pearing before me in order that I should hear and determine the sa 
 [and the several proofs adduced to me in that behalf being by me c 
 heard and considered, and it manifestly appearing to me" that the 
 information [or "complaint"] was not proved, I therefore dismii 
 the same, and adjudged that the said C. D. should pay to the said A 
 
 the sum of for his costs incurred by him in his defence in 
 
 behalf; and I ordered that if the said sum for costs should not be ] 
 [forthwith] the same should be levied of the goods and chattels of 
 said C. D. ; and I adjudged that in default of sufficient distress in 
 behalf the said C. D. should be imprisoned in the [house of correct 
 at in the said county [and there kept to hard labour] for 
 
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CHAP. I.] Sect. 5. The Hearing and Adjudication, SfC. 135 
 
 space of , unless the said sum for costs, and all costs and charges 
 
 of the said distress, and of the commitment and conveying of the said 
 
 C. D. to the said [house of correction] should be sooner paid : (») And • Form (Q 2), 
 
 whereas the said C. D., being now required to pay unto the said A. B. *V*- 
 
 the said sum for costs, hath not paid the same or any part thereof^ but 
 
 therein hath made default: These are therefore to command yon, in 
 
 her Majesty's name, forthwith to make distress of the goods and 
 
 chattels of the said C. D. ; and if, within the space of days next 
 
 after the making of such distress, tiie said last-mentioned sum, together 
 with the reasonable charges of taking and keeping the said distress, 
 shall not be paid, that then you do sell the said good-s and chattels so 
 by you distrained, and do pay the money arising firom such sale to 
 
 , the clerk of the justices of the peace for the division of in 
 
 the said [county], that be may pay and apply the same as by law 
 directed, and may render the overplus (if any), on demand, to the said 
 C. D. ; and if no such distress can be found, that then yon eertify the 
 same unto me, to the end that such proceedings may be lud dierein as 
 to the law doth appertam. Given [&c, as (L;, mUe, p. 134]. 
 
 to wit 
 
 - > Whereas proof upon oath hath this day been made before (X g) Indorse- 
 'it S me, one of her Majesty's justices of the peace in and fyr ti^ ment m back- 
 said county of , that the name of J. S. to the within warrant sub- h^ a irajrant 
 
 scribed is of the handwriting of the justice of the peace within men- of ifisnea. 
 tioned : I do therefore authorize W. T., who bringeth to me this 
 warrant, and all other persons to whom this warrant was originally 
 directed, or by whom the same may be lawfuHy executed, and also aU 
 constables and other peace officers of the said [coimfy] of t» ex- 
 ecute the same within the said county of . ' 
 
 Given under my hand, this day o^ 185—. 
 
 J.B. 
 
 certify to J. S, esquire, one of her Maj^y's j^ces of the peao^ It IS!!!^ 
 the said county, that by virtue of this waLit I have raStSl ^'J^*" 
 search for the goods and chattels of the within-mentioned A. Kd ^i^^ "^ 
 that I can find no sufficient goods or chattels of the said A. B. wh^n ^^ 
 to levy the sums within mentioned. -^ «. » uereon 
 
 Witness my hand, this day of , 185—. 
 
 W.T. 
 
 To the constable of , and to the keeper of the \Iumse of cor ,r, «. «■ 
 
 rection] at in the said [county] of '• ^ <? 2) Waitant 
 
 Whereas [&c. as in form (Q 1) to t/w nif^.h f*\ ™J ^r .7 -, « committal 
 
 And whereas afterwards, on the i- da^f^ ^i "f '*^ 't^^^ '»"'"« "^di^ 
 
 said I the said justice i^ued a warrant t J the ^^table of ^"^ 'J"^ iT '" *' 
 manding h m to lew thp said unTn nf e constaoie ot com- last case. 
 
 of the foods anTcttlsTf^rsafclj'rrd'^^jS^ 
 
 to me. as well by return of the said constable to the^ 2jrTT"f 
 
 tress wherpoTi tn Im,,, »i,„ l ' ^°*t no suifacient dig- 
 
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136 Summary Convictions and Orders. [va 
 
 the said C. D., and him safely convey to the \hMise of corre 
 
 at aforesaid, and there deliver him to the said keeper tL 
 
 together with this precept ; and I do hereby command you th 
 keeper of the said [house of correction] to receive the said C. I 
 vour custody in the said [house of correction], there to impriso 
 
 [and keep him to hard labour] for the space of , unless th( 
 
 sum, and all costs and charges of the said distress [and of the cm 
 ment and conveying of the said CD. to the said house of coirec 
 
 amounting to the further sum of , shall be sooner paid unfc 
 
 the said keeper, and for your so doing this shall be your sufl 
 warrant. Given [&c. as (L), ante, p. 134]. 
 
 5. Nonappearance of either or both Parties at adjott 
 Hearing. 
 
 It will be seen, ante, p. 132, that by sect. 13 of the 11 
 Vict. c. 43, where the defendant appears at the adjoii 
 hearing, but the prosecutor or complainant does not, th 
 formation or complaint may be dismissed with costs, oi 
 hearing may be adjourned. 
 Proceed to By sect. 16, — " if at the time or place to which such hes 
 
 hearing; « ^^ further hearing shall be so adjourned 17, either or 
 
 " of the parties shall not appear personally, or by his or 
 " counsel or attornies respectively, before the said justic 
 "justices, or such other justice or justices as shall then be tl 
 " it shall be lawful for the justice or justices then there pri 
 " to proceed to such hearing or further hearing 18, as if i 
 or if complain- " party or parties were present ; — or if the prosecutor or ( 
 tend di'smiss" " P'^^"^"' ^'^^^l "o* appear, the said justice or justices 
 " dismiss such information or complaint, with or wit 
 " costs 19, as to such justices shall seem fit." 
 
 6. Appearance of all Parties. 
 " If both parties appear, either personally or by their res 
 " tive counsel or attornies 20, before the justice or justices 
 
 17 See ante, p. 130, for causes of adjournment. 
 
 18 See proceedings at hearing, post. 
 
 19 See ante, p. 130, how costs recovered, and the forms to be used. 
 
 20 The appearance of both or either party, it appears, may be by atto 
 only, and is sufficient to warrant the justices in proceeding to the hea 
 unless there is any special provision to the contrary in the statute on w 
 the information is laid ; but the plea of the defendant cannot be taki 
 his attorney ; and if the justices require the defendant's personal appear 
 it is imagined they may issue a warrant to enforce it. An appearance 
 be voluntary j and if the defendant be present during the hearing o 
 
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CHAP. I.] Sect. 5. The Hearing and Adjudication, ^c. 137 
 
 " are to hear and determine such complaint or information, 11 & 12 Vict 
 " then the said justice or justices shall proceed to hear and '. 
 
 " determine the same" (s. 13). 
 
 At this stage of the proceedings the good offices of justices Compromising 
 may be properly exerted in many cases, in inducing parties to 
 compromise their differences ; and if it should be deemed inex- 
 pedient to make the attempt at reconciliation, or if the attempt 
 should prove unsuccessful, the matter then proceeds in the or- 
 dinary way ; but the justices may safely endeavoar to bring 
 about a compromise 21. In summary convictions under the 
 Larceny and Malicious Injuries Acts, the justices are empowered 
 to arrange a compromise after a conviction (7 & 8 Geo. 4, c. 29, 
 s. 68 ; c. 30, s. 34). In all such cases the costs should be paid 
 immediately, as they cannot be enforced by the justices, as 
 neither a conviction nor an order of dismissal can be made. 
 
 The defendant's appearance, whether by himself or counsel Appearance 
 or attorney, waives all irregrularity in the service of the sum- 7'^''^, »?y . 
 mens, or even the want of one 22, at least as far as respects sernce of sum- 
 ulterior proceedings; and even the noncompliance with a "°'^ 
 statutable form 23 ; but now see sect. 1 of 11 & 12 Vict. c. 43, 
 ante, p. 98, as to defects in a summons in general under that 
 act. 
 
 Before whom and where the hearing must take place has 
 been noticed at pp. 126, 127, and that either party may have 
 the assistance of counsel or attorney. 
 
 It will been seen, ante, p. 98, that no objection can be taken to k„ objection to 
 the information, complaint or summons, for anv alleged defect fonns. 
 therein in substance or in form,-or for any variance between 
 
 'a^i^'lT'},T^ ^T ^ ^ opportunity of being heard, and do nqt re- 
 sXrr T7i,^ T^. V ^°°7"='od without a previous summon, {R. y.J^ 
 3 Burr. 1785) ; but if he be brought before the justice v\ihn«t^,^J^' 
 warrant, and such arrest beillegalf as not bel^lXri^^X^ "^tiX 
 act, or by the common law, the justices canno* it is submitted adfuS 
 ™ ^ff^ff"'.""' ."V"? properly before them (Ue 15 J. P. 665). See ^' 
 pp. 116, 117, in what cases an offender may be apprehended in the ™mm- 
 
 fendant, under s 16 oMl & 12 Vict " t^ '^i^^'^^^^^t remand a de- 
 before him on the alLed «ntL!^. / ' ""'^'Z" ".*' "'"' "«' •'W"ght 
 
 23 R. V. Kingsly, IS J. p. 65. which overrules R. v. Crol^e, Cowp. 30. 
 
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138 Summarj) Cunvictions and Orders. [part i. 
 
 11 & 12 Vict, such information, &o., and the evidence adduced; — but if any 
 
 ^' such variance shall appear to the justices present to have de- 
 
 If variances ceived or misled the party, they may adjourn the hearing of the 
 
 misled, case to ^^^^ j^ some future day 21 a. A similar provision is contained in 
 
 be adjourned. . •' ' , . 
 
 y . sect. 3, as to objections, &c. to warrants of apprehension ; but as 
 
 informations to informations, sect. 9 (p. 98) is more precise, and relates to 
 
 y" the time and place of offence, and further enacts, that if the 
 
 If misled de- latter variances, — " or any variance in any other respect between 
 
 fendant, ad- « gmjjj information and the evidence adduced in support thereof, 
 Journmentand _ _ ^ ^ . 
 
 bail. " — shall appear to the justice or justices present and acting at 
 
 " the hearing, to be such, that the party charged by such 
 
 " information has been thereby deceived or misled, it shall be 
 
 " lawful for such justice or justices, upon such terms as be or 
 
 " they shall think fit, to adjourn the hearing of the case to 
 
 " some future day" (s. 9)— the defendant is then committed or 
 
 bailed, as ante, p. 118. 
 
 Objections will The objections, therefore, will in future apply only to the con- 
 
 que'nt woceed- '''^*'0" °'' Order, and the subsequent proceedings for enforcing 
 
 ings. them, but not to anj' of the initiatory processes. 
 
 Not necessary Sect. 14 contains a proviso,—" that if the information or com- 
 
 eat^ve^^ * "^* " p's'n' '1 ^"y such case shall negative any exemption, excep- 
 
 " tion, proviso, or condition in the statute on which the same 
 
 " shall be framed, it shall not be necessary for the prosecutor or 
 
 " complainant in that behalf to prove such negative, but thede- 
 
 " fendant may prove the aflBrmative thereof in his defence, if he 
 
 " would have advantage of the same." 
 
 Information or Sect. 14 enacts, — " that where such defendant shall be present 
 
 reacf *'" " ^' ^"'''^ hearing, the substance of the information or complaint 
 
 " shall'be stated to him, and he shall be asked if he have any 
 
 " cause to show why he should not be convicted, or why an 
 
 " oifler should not be made against him, as the case may be 22 a, 
 
 " — and if he thereupon admit the truth of such information or 
 
 " complaint, and show no cause or sufficient cause why he 
 
 " should not be convicted, or why an order should not be 
 
 If confession, "made against him as the case may be, then the justice or 
 
 vict'ormake"" "justices present at the said hearing shall convict him or make 
 
 order. 
 
 21a See ante, p. 118, " Bail on Adjournments." 
 
 22 a It might be, — " You are chargedin this information lor ' complaint'] 
 
 with having [&c. stating the substance shortly'] : Have you any cause to show 
 
 why you should not be convicted of this offence ?" — or " Have you any 
 
 cause to show why an order should not be made against you for payment of 
 
 that sum [or 'to do this act'] ?" but the more simple way, and that most 
 
 usually adopted, seems to be, to ask the defendant whether he is guilty or 
 
 not guilty of the charge. , , ... ^^ 
 
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CHAP, i] Sect. 5. The Scaring and Adjudication, ^c. 139 
 
 " an order against him accordingly 23 a ;— but if he do not H *^'^g^""' 
 
 " admit the truth of such information or complaint as aforesaid, 
 
 " then the said justice or justices shall proceed to hear 24, the ^^^° ^°'^llll^^ 
 
 " prosecutor or complainant, and such witnesses as he may ^jti^ ^ase. 
 
 " examine, and such other evidence as he may adduce m 
 
 " support of his information or complaint respectively, — and 
 
 " also to hear the defendant and such witnesses as he may 
 
 " examine, and such other evidence as he may adduce in his 
 
 " defence, — and also to hear such witnesses as the prosecutor 
 
 " or complainant may examine in reply, if such defendant shall 
 
 " have examined any witnesses or given any evidence other than 
 
 " as to his the defendant's general character ;— but the prose- No reply al- 
 
 , „ , .11, 1 u lowed to oom- 
 
 " cutor or complainant shall not be entitled to make any od- piaina„t. 
 
 " servations in reply upon the evidence given by the defendant 
 
 " — nor shall the defendant be entitled to make any observations No information 
 
 , . , . 1 1 ' necessary upon 
 
 " in reply upon the evidence given by the prosecutor or com- offender being 
 
 " plainant in reply as aforesaid" 25. If the offender be legally brought before 
 apprehended in the commission of the offence, without war- ^ 
 rant 26, and brought before the justices, and the statute does 
 not require an information in writing to be laid, a verbal one 
 will then be sufficient to warrant the justices in hearing and 
 determining the case in the usual way ; the only object in 
 taking an information is to ground the justices' authority to 
 summon a defendant, which is consequently dispensed with by 
 such his appearance. If the information or complaint should 
 ~ be dismissed for want of form, it will not prevent a fresh one 
 being preferred 27 ; — but if the dismissal be on the merits, and 
 the certificate, ante, p. 132, be obtained and produced, the plea 
 of autrefois acquit will be available in like manner as in in- 
 dictments (iZ. V. Newhury, 15 J. P. 321). 
 
 23 a See R. V. Gage, 1 Str. 546 ; 1 Saund. 262, i.. 1 ; iJ. v. Hall, 1 T. R. 
 320 ; Mann v. Darners, 3 B. & A. 103. 
 
 24 The same strictness and regularity should be pursued in examining 
 and taking down the evidence of the various witnesses as are resorted to in 
 the superior courts, although it is not now necessary to set out the evidence 
 in the conviction or order in the matters which are within the operation of 
 the U & 12 Vict. c. 43. This is done in the City Police Courts. Fide the 
 chapter, tit. " 0/ Evidence before Magistrates," ante, p. 55, for a succinct view 
 of the general principles of evidence, mode of examination, &c. 
 
 25 This is different firom the prevailing practice on a trial at Nisi Prius. 
 There can now, in these proceedings before justice?, be no reply upon evi- 
 dence, nor a general reply, the observation being confined to the opening 
 statement of the complainant, and the statement of the defendant in his 
 defence. 
 
 26 For the cases in which this may be done, see ante, pp. 116, 117 ; and 
 see note 20, ante, p. 136. 
 
 27 13 J. P. 498 ; 15 J. P. 123 i R. v. Ridgway, 1 D. & R. 38 ; see also 
 note 12, ante, p. 132. Digitized by Microsoft® 
 
140 
 
 Summary Convictions and Orders. [pakt i. 
 
 Authority to 
 
 administer 
 
 oath. 
 
 Competency iff 
 witnesses. 
 
 Complainants, 
 informants and 
 defendants. 
 
 Modes of 
 swearing wit- 
 nesses. 
 
 Punishment of 
 witnesses for 
 perjury. 
 
 Evidence in 
 general. 
 
 Sect. 15 of the 11 & 12 Vict. c. 43 {ante, p. 62), authorizes 
 justices to administer the oath to any witness. 
 
 As to the competency of the witnesses, the same section (s. 
 15 of 11 & 12 Vict. c. 43) enacts, — " every prosecutor of any 
 such information, not having any pecuniary interest in the 
 result of the same, — and every complainant in any such com- 
 plaint as aforesaid, whatever his interest may be in the result 
 of the same, — shall be a competent witness to support such in- 
 formation or complaint respectively ;" but it will be seen by the 
 Chapter " Of Evidence before Magistrates" {ante, pp. 57 — 
 61), that the effect of the Evidence Act, 14 & 15 Vict. c. 99, 
 is to render competent complainants and informers in all cases, 
 and defendants in complaints, but not in informations. See 
 likewise as to the competency of co-defendants {ante, p. 62), 
 husband and wife (p. 59), infants (p. 61), deaf and dumb per- 
 sons (p. 61), lunatics (p. 61). 
 
 As to the modes of swearing witnesses of diflFerent religions, 
 forms of oaths, &c., see ante, pp. 63—65. 
 
 As to the mode of proceeding against persons guilty of per- 
 jury before justices in special or petty sessions, see the 14 &15 
 Vict. c. 100, s. 19, ante, p. 68. 
 
 Where the particular statute under which the information is 
 laid is silent as to the nature or admissibility of the particular 
 evidence to be given or required thereon, justices are of course 
 bound by those general rules of evidence to be found in the 
 ■various treatises, a succinct view of which is given in the 
 Chapter " Of Evidence before Magistrates," ante, pp. 55 
 to 81. 
 
 Pronouncing 
 judgment. 
 
 7. The Adjudication and Proceedings thereon. 
 By 11 & 12 Vict. c. 43, s. 14 {inter alia), — " the said jus- 
 tice or justices, having heard what each party shall have to say 
 as aforesaid, and the witnesses and evidence so adduced, shall 
 consider the whole matter, and determine the same, and shall 
 convict or make an order upon the defendant, or dismiss the 
 information or complaint, as the case may be," with or without 
 costs (s. 18); but they cannot dismiss the case and order de- 
 fendant to pay costs; and if the defendant pleads "not guilty," 
 and the complainant then withdraws the complaint, that amounts 
 to a hearing of the charge, and the case may be dismissed as 
 
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CHAP. I.] Sect. 5. The Hearing and Adjudication, ^c. 141 
 
 not proved 28. With reference to the functions of the justices 
 in these summary proceedings, it is thus laid down (2 Stark. 
 Evid. 331 ; Bench Form. 56) :— 
 
 " Upon summary proceedings before magistrates they are placed 
 in the situation of a jury, and the degree of credit to be 
 attached to the evidence is for their consideration and judg- 
 ment. Since, however, the proceedings before them are 
 usually of a criminal and penal nature, and as they are sub- 
 stituted for a jury of twelve men, who must, in order to 
 convict, have all been satisfied by the evidence of the crimi- 
 nality of the defendant, the evidence ought to be fully 
 satisfactory and convincing to the mind and conscience of 
 the magistrate before he pronounces the party to have been 
 guilty. If any reasonable doubt exist in his mind, the party 
 charged is entitled to the benefit of that doubt. Such cases, 
 it is to be recollected, difier very materially indeed from those 
 where mere civil rights are concerned, and where the mere 
 preponderance of evidence may be sufficient to decide the 
 question. In point of law, the evidence will support a con- 
 viction by a magistrate, if there was such evidence as would 
 have been sufficient to have been left to a jury. So if the 
 magistrate acquit where there seems to be primA facie- evi- 
 dence to convict, his judgment cannot be questioned; for no 
 other court can judge of the credit due to witnesses who are 
 not examined there." 
 It seems that they may adjourn to consider their determina- Adjourn 
 tion, as s. 16 {ante, p. 118), authorizes an adjournment during *" consider 
 the hearing without specifying the cause; and in 1 Burn's Jus. 
 29th ed., p. 984, it is laid down : " The magistrate is not 
 obliged to fix the penalty or imprisonment at the instant of 
 conviction, but may take time either for the purpose of in- 
 forming himself of the legal penalty, or of considering the 
 amount proper to be imposed ;" and of course they may do so 
 for the purpose of obtaining the evidence of the former convic- 
 tion, if required, by the record of it, or a certified copy. 
 
 The magistrates in petty sessions have the same power to Altering judg- 
 alter their judgment during the continuance of the session that ™^'>'' 
 is possessed by the court of quarter sessions. Should there be Division of 
 a division of opinion on the case and the judgment, there ought °P'"i°"' 
 to be an adjournment to procure the attendance of another 
 justice, when the case is re-heard (14 J. P. 366 ; 15 J. P. 328). 
 
 28 TumicKffie v, Tedd, 17 L. J. (N.S.) M. C. 67,- 5 C. B. 553, decided 
 under s. 27 of the Assault Act, 9 Geo. 4, t. 31, which would seem to bear 
 the construction of being applicable to all summary proceedings. S^e, ante, 
 p. 132, as to the order and certificate of dismissal in such cases. 
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142 
 
 Summary Convictions and Orders. [part i. 
 
 Particulars of 
 judgment to be 
 stated, and 
 how fine re- 
 covered. 
 
 Where a 
 second of- 
 fence. 
 
 Evidence of 
 previous con- 
 viction. 
 
 If a husband and wife are jointly prosecuted, the wife alone 
 may be found guilty (3 J. P. 46; Paley, 4th ed. p. 59). 
 
 Having determined to convict or make an order, they should 
 openly pronounce their judgment, according as they are by law 
 empowered to do in the particular case, neither for too much 
 nor too little, as a judgment for too little is as faulty as a judg- 
 ment for too much ; 29 and in doing so they should distinctly 
 state, according to the particular act, the amount of fine, or 
 mitigated fine (for there is no general power to mitigate fines, 
 except in the Metropolis), or imprisonment, and costs, or impri- 
 sonment in default, the mode of recovery and time of payment, 
 the additional imprisonment for costs where adjudged (in cases 
 where the punishment is imprisonment only, and not a fine), the 
 costs of conveyance to gaol, &c. 30 (vide post, p. 148, as to costs 
 and the difl^erent modes of recovering them); and where the 
 defendant is convicted at the same time of two or moreofiences, 
 whether the imprisonment for one is to commence at the termi- 
 nation of the other, or not. The amount of penalty or punish- 
 ment is entirely in the justice's discretion where the statute says 
 " not exceeding" so much or such a time; nor does it require 
 that the punishment in default of payment of a penalty ad- 
 judged should be proportionate to the maximum imprisonment 
 allowed by the act, i. e. if the maximum penalty he 5/., and the 
 maximum imprisonment two calendar months, that, if the jus- 
 tices convict in 21. 10s., they should commit for one calendar 
 month ; but they may commit for two : indeed, the penalties 
 and imprisonment in default are very disproportionate to each 
 other throughout the whole of the summary jurisdiction. 
 
 In case of the charge being for a second or subsequent 
 offence, for which an increased penalty can be awarded, the 
 justices should, after deciding to convict for the oflTence then 
 before thein, have legal proof of the previous conviction or 
 convictions, first ascertaining that the subsequent conviction 
 can be treated as such, and a higher penalty awarded (as in 
 many instances a time is limited for the conviction for a second 
 or subsequent offence from the previous conviction), and then 
 
 29 R. v. Salamons, 1 T. R. 252 ; Whitehead V. Tlie Queen, 7 Q- B. 582i 
 Paley, 4th ed., p. 231. 
 
 30 The provisions hereon in ss. 21, 22, 23, 24, 26, authorizing the costs 
 of conveyance to prison to be adjudged and included in the same warrant 
 of commitment, instead of being recovered under the 3 Jac. 1, c. 10, s. 1, 
 are very useful ; for it frequently happened that the defendant obstinately 
 refused to pay a small fine, in order to obtain a ride of fifteen or twenty 
 miles to the gaol at the expense of the county. 
 
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CHAP. I.J Sect. 5. The Hearing and Adjudication, ^c. 143 
 
 insert in their conviction an averment of the previous con- 
 viction, with the adjudication. 31 The only legal admissible 
 evidence of a previous conviction, vehere a statute does not 
 allow of any other, is either the conviction itself, produced by 
 the proper officer, or by some one who has received it out of 
 his custody, or an examined copy of the conviction in his cus- 
 tody (10 J. P. 527). In some cases (Larceny and Malicious 
 Injuries Acts, 7 & 8 Geo. 4, c. 29, s. 74; c. 30, s. 40), a cer- 
 tified copy, under the hand of the clerk of the peace, is evidence 
 of such conviction. In addition to his proof, however, there 
 must be evidence of the identity of the defendant with the former 
 conviction, by the constable or some other person. Where the 
 conviction has taken place too recently to allow of it being 
 filed at the Quarter Sessions, as required by s. 14 of 11 & 12 
 "\'ict. c. 43, post, p. 147, it may admit of some doubt whether it 
 can be given in evidence at all. 
 
 Before the passing of the 11 & 12 "Vict. e. 43, the practice Consecutive 
 was well established that, where two or more charges were prigonment. 
 brought before a justice against the same person (he being pre- 
 sent) at the same time, the justice adjudicated upon them in 
 succession (it being pronounced illegal to defer sentence in the 
 second until the imprisonment in the first is about to expire, 
 and then issue a warrant of detention for a second period of 
 imprisonment, Oke's " Synopsis," 1st ed. p. 51), and if he 
 convicted upon more than one, to make out immediately 
 separate warrants upon each conviction, the imprisonment 
 under the second warrant stating that it is to commence and 
 take effect upon the expiration of the first (see R. v. Wilkes, 
 4 Burr. 2577 ; 10 J. P. 463). By section 25 of that statute it 
 is enacted, — "that where a justice or justices of the peace shall, 
 upon any such information or complaint as aforesaid, adjudge 
 the defendant to be imprisoned, and such defendant shall then 
 
 31 The usual form of averment of a previous conviction is as follows 
 (from Oke's " Formulist," 2nd ed., p. 42, added before the first adjudica- 
 tion) — " And whereas it is now duly proved before us the said justices that 
 
 the said A. B. was heretofore, to wit, on the day of , in the year 
 
 of our Lord , duly convicted before , one of her Majesty's justices 
 
 of the peace in and for the said [countyl of , for that he the said A. B. 
 
 on the day of , at the parish of in the said [county'], did un- 
 lawfully [here state the offence as in the former conviction~\, and the said A. B. 
 was thereupon adjudged for his said last-mentioned offence to [state the 
 adjudication in the words of the conviction] : And we adjudge the said A. B. 
 for his said second [or ' third'] offence, of which he has been so convicted 
 this day as aforesaid, to forfeit, &c. [proceeding to the end in the ordinary 
 way.]'* 
 
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144 
 
 Penalty where 
 several of- 
 fenders. 
 
 Summary Convictions and Orders, [part r, 
 
 be in prison undergoing imprisonment upon a conviction for 
 any other offence, the warrant of commitment for such subse- 
 quent offence shall in every such case be forthwith delivered 
 to the gaoler to whom the same shall be directed; — and it 
 shall be lawful for the justice or justices issuing the same, if 
 he or they shall think fit, to award and order therein and 
 thereby that the imprisonment for such subsequent o^enee 
 shall commence at the expiration of the imprisonment to which 
 such defendant shall have been previously adjudged or sen- 
 tenced." 32 
 
 When several defendants are convicted of the same offence, 
 whether it be in its nature single or joint, a joint award of one 
 
 32 A question has been raised upon this section, whether it alters the 
 old practice, or applies at all to oases where the defendant is not in gaol at 
 the time of the conviction for the subsequent offence ; but there" appears to 
 be nothing in it to render the former practice illegal, and, indeed, the better 
 opinion seems to be, that the provisions of the 11 & 12 Vict. c. 43, are cumu- 
 lative. The section only makes the practice in other cases conformable to 
 the old practice in cases where the defendant is actually present. If the 
 words " in prison" and " imprisonment" imply an actual confinement in the 
 common gaol or house of correction (as Mr. Archbold, in a note to this sect., 
 p. 171 of his edit, of Jervis's Act, seems to think they do), then the section 
 would be applicable to those cases only where the defendant is convicted of 
 the subsequent offence in his absence under the 13th section, and particu- 
 larly in some cases where the statute requires the conviction to take place 
 within a given time, there being no authority in justices to order a gaoler 
 to bring up a person in his custody to a petty sessions to answer a summary 
 charge, unless he were in prison on a remand merely, and not by way of 
 punishment. If, however, as has been contended (I Magis. p. 172; Wise's 
 Supplement to Burn's Jus. 1852, p. 535), the defendant is "in prison 
 undergoing imprisonment upon a conviction' ' from the moment of his being 
 convicted of the first offepce, the section applies ; but then only where the 
 defendant is present at the time of conviction for both offences (15 J. P. 
 394) ; — for, if he he convicted of the first or both offences exparte (which he 
 may be) on the same day, he would not be in prison at all at the time of the 
 first conviction ; for the imprisonment in such a case begins to run from the 
 time of his being arrested under the commitment, and not from the date of 
 the conviction or commitment {In re Bawdier, 11 Q. B. 612; 12 J. P. 709; 
 17 L. J. Rep. (N. S.) Q. B. 245, overruling Fletcher's Case, 1 D. & R. 726; 
 13 L. J. Rep. (N.S.) M. C. 16 ; 8 J. P. 168). Therefore, where the defendant 
 is in actual confinement for the first offence at the time of the second con- 
 viction (on an ex parte hearing), the commitment for the first offence pro- 
 duced by the gaoler will not, as likewise contended at 1 Magis. p. 172, be 
 evidence of the previous conviction ; but the usual proof of it, as noticed at 
 p. 143, must he given to the justices. This section,it will be observed, does 
 not apply to Orders made on complaints ; but it will be applicable to all 
 descriptions of convictions for offences, whether the imprisonment for the 
 first or second offence is in default of payment of a fine, or in default of 
 distress, or imprisonment absolutely for a time certain. The cumulative 
 imprisonment must be in all cases adjudged at the time of the hearing of 
 the information and conviction, and not deferred till the expiration of the 
 first imprisonment, and the commitment must be forthwith delivered to the 
 gaoler [vide Form of Commitment for a consecutive period, Oke's Magis. 
 " Formulist," 2nd edit., No. 59, p. 51, which is not given by the act). 
 
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CHAP. I.] Sect. 5. The Hearing and Adjudication, S^c. 145 
 
 fine against them is erroneous; for it ought to be several 
 against each defendant; otherwise one who has paid his pro- 
 portionable part might be continued in prison till all the others 
 have paid theirs, which would be in effect to punish him for 
 the offence of another 33. 
 
 It will often be a question of considerable doubt, whether, if ^^^^^^°"a^'/i„t 
 two or more commit an act punishable by a certain penalty, or several 
 distinct penalties of the/uZZ amount can be imposed upon each offence, 
 defendant, or only one penalty amongst the whole ; or, in other 
 words, whether one offence only is committed or several? If 
 a statute impose a penalty for a certain act, then if two or more 
 commit it, only one penalty is in general incurred 34. If, 
 however, the penalty imposed by the statute be obviously on 
 each offender, or if the offence committed be of a several 
 nature 35, so that the guilt of each person is clearly distinct 
 from that of the others, a distinct penalty upon each should be 
 imposed, as upon a distinct offence. Thus in Mex v. Hube 
 and others (5 T. R. 542), which was an indictment upon the 
 18th section of the 1 W. & M. c. 18 (the Toleration Act), for 
 disturbing a dissenting congregation, it was held that each in- 
 dividual (out of many) was liable to the full penalty of 20Z. 
 imposed by the statute. The principle applicable to these cases 
 is very clearly laid down by Lord Mansfield in Hex v. Clark 
 (Cowp. 612), where he says, — " Where the offence is in its 
 nature single, and cannot be severed, there the penalty shall be 
 only single ; because, though several persons may join in com- 
 mitting it, it still constitutes but one offence. But where the 
 ofi'ence is in its nature several, and where every person con- 
 cerned may be separately guilty of it, there each offender is 
 separately liable to the penalty, because the crime of each 
 is distinct from the offence of the others, and each is punish- 
 able for his own crime. For instance, the offence created by 
 Stat. 1 & 2 Phil. & Mr c. 12, is, ' the impounding a distress in 
 a wrong place ;' one, two, three or four may impound it wrong- 
 
 33 Paley, 4th edit. p. 224 ; 2 Hawk. c. 10, s. 16, p. 93, 8th edit, hy Cur. 
 wood ; Morgan v. Brown, 4 Ad. & Ell. 515 ; 5 L. J. (N. S) M. C. 77 ; 5 N. 
 & M. 57. 
 
 34 R- V. Bleasdale, 4 T. R. 809 ; Hardman v. Whiteacre, Bull. N. P. 189. 
 
 35 Under the Assault Act it is several, as also under the Larceny and 
 Malicious Injuries Acts (7 & 8 Geo. 4, co. 29, 30). The 5th section of 11 
 & 12 VicL c. 43, ante, p. 102, may be made applicable to many cases where 
 a doubt exists whether the offerlce is joint or several (and the distinction is 
 not very intelligible), by proceeding against some of the offenders as aiders, 
 abettors, counsellors, or procurers. 
 
 O.S. L 
 
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146 
 
 Summary Convictions and Orders. [part i. 
 
 Distinction un- 
 intelligible. 
 
 Meaning of a 
 " month." 
 
 fully; it still is but one act of impounding it, it cannot be 
 severed. It is but one offence, and therefore shall be satisfied 
 by one one forfeiture" (Saund. Prac. Ill, 112; vide Paley, 
 4th ed., pp. 218 — 225). In a more recent case {Reg. v. Dean, 
 12 Mees. & W. 39, Mich. Term, 1843), Alderson, B., says, 
 referring to and recognizing Rex v. Clurh, — "you must look 
 at the statute to see whether every person is to be punished, 
 or every offence to be punished. If every offence is to be 
 punished, there is to be one penalty only, however large the 
 number of persons that committed it ; but if there are several 
 penalties on each person, it is obviously otherwise" (Id. 
 p. 43) 36. 
 
 The distinction between entire and separable offences is said 
 (Bench Formulist, p. 182) to be unintelligible; for, where the 
 offence arises from the joint act of the parties, each person 
 should be liable for all the consequences, as, in fact,. each 
 case is distinct, depending on the evidence against each 
 person. 
 
 As to the term of imprisonment, it may here be observed, 
 that some statutes mention a " month," others use the words 
 " calendar month;" and it was important to bear in mind this 
 distinction before the passing of 13 & 14 Vict. c. 21, for in the 
 former case a lunar month, or twenty-eight days, was generally 
 intended, but by s. 4 (which appears to be both retrospective 
 and prospective) of that act, a " month," in all acts, will 
 mean a "calendar month," unless words are added showing a 
 lunar month to be intended. The court takes judicial notice of 
 the calendar {R. v. Brown, 1 Mo. & M. 163). In short terms 
 of imprisonment also, instead of the adjudications and commit- 
 ments being made for six " weeks," a " fortnight," a " week," 
 &c., it would be advisable to state them in days, as "for the 
 space of forty-two days," or " fourteen days," &c. 
 
 36 In answer to a question in a case submitted by the justices' clerks 
 of Cambridgeshire, in July, 1852, to Mr. Archiold and Mr. Pashley sepa- 
 rately (see 16 J. P. 511 ; 4 Magis. 225, 241), the former was of opinion that 
 there was no distinction between a joint and several offence, and that each 
 person concerned is liable to the full penalty or imprisonment imposed by the 
 statute for the offence ; but Mr. Pashley differed from that opinion, and cited 
 the case of Reg. v. Dean, supra, as an existing authority on the point, which 
 appears to us to be conclusive — that whether one penalty or several upon 
 ail is incurred depends solely upon the wording of the particular statute. 
 In the case of a joint offence it is divisible according to the discretion of 
 the convicting justices, and must appear separately on the conviction (iWor- 
 gan V. Brown, supra). Vide post, p. 154, for special forms of adjudication 
 where the penalty is severed or not amongst several offenders. 
 
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CHAP, I.] Sect. 5. The Searing and Adjudicationy ^c. 147 
 
 Bv s. 14 of the 11 & 12 Vict. c. 43,—" if the justice or instices Minute of ad- 
 , , . , , p 1 . -1 judication to be 
 
 convict or make an order against the defendant a minute or made of con- 
 memorandum thereof 37 shall then be made, for which no vicdon or or- 
 fee shall be paid, — and the conviction (1 1 — 3) or order (K 1 — 
 3) shall afterwards be drawn up by the said justice or justices 
 in proper form, under his or their hand and seal or hands and 
 
 " And he or they shall cause the same to be lodged with the Conviction and 
 clerk of the peace, to be by him filed among the records of the fiigj'at°Bes 
 general quarter sessions of the peace" 38. sions. 
 
 By sect. 17 it is enacted, — " that in all cases of conviction When forms in 
 where no particular form of such conviction is or shall be ^'^' '° "^ "^^°" 
 given by the statute creating the offence or regulating the 
 prosecution for the same, — and in all eases of convictions upon Convictions, 
 statutes hitherto passed, whether any particular form of 
 conviction have been therein given or not,— it shall be lawful 
 for the justice or justices who shall so convict to draw up his 
 or their conviction on parchment or on paper 39 in such one 
 of the forms of conviction (I 1— 3, ^^o**. pp- 152, 153) in the 
 schedule to this act contained as shall be applicable to such 
 case, or to the like effect 40; 
 
 " And where an order shall be made, and no particular form Orders, 
 of order is or shall be given by the statute giving authority to 
 make such order; — and in all cases of orders to be made under 
 the authority of any statutes hitherto passed, whether any 
 particular form of order shall therein be given or not,— it 
 shall be lawful for the justice or justices by whom such order 
 
 37 This minute may be either written on a separate paper, and annexed 
 to the information or complaint, or on the back of the information, com- 
 plaint, summons or warrant, or in a separate book for that sole purpose, and 
 signed by the convicting justice or justices, so that any justice might there- 
 after enforce" the adjudication (sJ&theFormofMinutes, No.40, p. 33, Oke^s 
 " Formulist," 2nd edit.) 
 
 38 Formerly the order and not the minute of it was to he served on the 
 defendant, neither was the order lodged with the clerk of the peace. There 
 IS no time mentioned when convictions and orders are to be lodged, and 
 therefore that must still be regulated by the particular statute giving cog- 
 nizance of the matter, or, if no provision tlherein, at the next quarter sessions 
 after they are made. 
 
 39 Wray y. Take, 12 Q. B. 492 ; 17 L. J. (N. S.) M. C. 183 i 12 Jur. 936 
 
 40 Seg. v. Hyde, 21 L. J. (N. S.) M. C. 94; 16 Jur. 337; 16 J. P 67 
 (overruling Ex parte Hyde, 15 Jur. 803), confirmed this enactment with 
 respect to a conviction under the Game Act, 1 & 2 Will. 4, c. 32. The 
 general applicability of these forms has since been decided in several cases • 
 iee Re Allison, 10 Exch. 561; 24 L. J. (N. S.) M. C. 73; 18 J P 746- 
 Eggmgton v. Mayor, ifc. of Lichfield, 24 L. J. (N. S.) Q. B. 360 ; 19 J. P. 
 
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148 
 
 Summary Convictions and Orders. [part i. 
 
 Minute of 
 orders to be 
 served. 
 
 Dismissal of 
 information or 
 cojDplaint. 
 
 Costs may be 
 adjudged with 
 the penalty or 
 imprisonment 
 in all cases. 
 
 is to be made to draw up the same in such one of the forms 
 of orders (K 1—3, fost, pp. 155, 156) in the schedule to this 
 act contained as may be applicable to such case, or to the like 
 effect ; 
 
 ■' And in all cases where by any act of parliament authority 
 is given to commit a person to prison, or to levy any sum upon 
 his goods or chattels by distress, for not obeying any order of 
 a justice or justices, the defendant shall be served with a copy 
 of the minute of such order before any warrant of commitment 
 or of distress shall issue in that behalf; — and such order 
 or minute shall not form any part of such warrant of commit- 
 ment or of distress" 41. 
 
 If the justice or justices dismiss the information or complaint, 
 the provisions regulating their proceedings will be found at 
 p. 132, being the same as on the appearance of a defendant and 
 the comjjjainant not appearing. 
 
 Tlie statute 11 & 12 Vict. c. 43, s. 18, contains a much 
 more comprehensive and definite enactment than the repealed 
 and almost useless statute of 18 Geo. 3, c. 19, ss. 1 , 2, and 
 relates to cases genei'ally, whatever the mode of punishment 
 adjudged by the conviction or the nature of the order may be: 
 it is this — ''that, in all cases of summary conviction or of orders 
 made by a justice or justices of the peace, it shall be lawful for 
 the justice or justices making the same, in his or their discretion, 
 to award and order in and by such conviction or order that the 
 defendant shall pay to the prosecutor or complainant respec- 
 tively such costs as to such justice or justices shall seem just 
 and reasonable in that behalf 42; — And in cases where such 
 
 41 The form of this minute, to be signed by the clerk to the justices, will 
 be found post, p. 182, " Enforcing Orders on Complaints," adapted to each 
 description of order, for the section does not at all apply to a conviction. 
 No objection can be taken to the form of it, and it may therefore be filled 
 up at- the hearing, and served on the defendant before he leaves the court 
 where he appears j but if he does not appear, it should be issued in dupli- 
 cate, and Served by the constable, either personally or at his abode (see form 
 (K 3), p. 156, where this mode of service is stated, and it seems therefore 
 part and parcel of the enactment). No time ot service is required, and no 
 proof of service seems necessary before a warrant of commitment or disS-ess 
 issues ; but it is advisable that the time and mode of service be indorsed 
 upon the duplicate by the person who served it, and retained by the clerk 
 to the justices. 
 
 42 These costs may include the expenses of witnesses for the complainant 
 as well as his attorney, if reasonably necessary, in addition to the fees pay- 
 able to the justices' clerk and the constable, as settled under the respective 
 statutes (26 Geo. 2, c. 14; 11 & 12 Vict. c. 43, s. 30; 3 & 4 Vict. c. 88, 
 s. 17 ; and 5 & 6 Vict c. 109, s. 17). The amount of the costs must be 
 settled by the justices themselves, and they cannot delegate to any other 
 
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CHAP. I.] Sect. 5. The Hearing and Adjudication, S^c. 149 
 
 justice or justices, instead of convicting or making an order on dismissal; 
 as aforesaid, shall dismiss the information or complaint, it shall 
 be lawful for him or them, in his or their discretioiv in and by 
 his or their order of dismissal, to award and order that the 
 prosecutor or complainant shall pay to the defendant such costs 
 as to such justice or justices shall seem just and reasonable 
 
 43; 
 
 " And the sums so allowed for such costs shall in all cases to be specified ; 
 be specified in such conviction or order, or order of dismissal 
 aforesaid, 
 
 " And the same shall be recoverable in the same manner where a penalty 
 
 , /. or sura ; 
 
 and under the same warrants as any penalty or sum ot money 
 
 adjudged to be paid in and by such conviction or order is to 
 be recoverable 44 ; 
 
 " And in cases where there is no such penalty or sum to be where impri- 
 thereby recovered, then such costs shall be recoverable by sonment on y. 
 distress and sale of the goods and chattels of the party, and 
 in default of such distress, by imprisonment, with or without 
 liard labour, for any term not exceeding one calendar month, 
 unless such costs shall be sooner paid" 45. 
 
 The statute 11 & 12 Vict. c. 43, although it gives short forms Requisites of 
 or outlines of three descriptions of convictions and orders for '^^^lis. ° 
 general use, contains no provisions that they shall not be open 
 to objections as provided in respect of informations, &c., by ss. 
 1,3,9; but requires that the convictions and orders shall be 
 "in proper form" (s. 14): however, the statute in giving 
 the succinct forms of convictions disposes of many objec- Convictions, 
 tions which were liable to be raised to convictions under the 
 3 Geo. 4, c. 23, and particular statutes ; for it was formerly 
 necessary to add a statement of the information, the issue 
 of the summons, the appearance or non-appearance of the 
 
 person the power Anally to fix the amount (Sellwood v. Mount, 1 Q. B. 726 ; 
 Lock V. Sellwood, 1 Q. B. 736 ; Ex parte Holloway, 1 Dowl. P. C. 26). 
 
 43 As to these costs on dismissal, see ante, p. 1.32. 
 
 44 This is applicable where the conviction is for a penalty, or the order 
 is for a sum of money, and in default of payment imprisonment, the costs of 
 conviction and conveyance to gaol are to be included in the warrant of com- 
 mitment (s. 23) 1 also where such penalty or sum is recoverable by distress 
 on the defendant's goods, the costs of conviction are to be specified and 
 recovered by the warrant of distress (ss. 19, 21, 22). See Beg. v. Barton, in 
 note to title " Sunday," post, Chap. II. 
 
 45 This will apply to cases where the punishment on a conviction or 
 order is imprisonment only ; the costs in such cases being recovered by dis- 
 tress by a distinct process from the warrant of commitment, and in default 
 imprisonment (with costs of conveyance to gaol), s. 24 ; and also to cases of 
 an order (if diBmS.c.i Digitized by Microsoft® 
 
150 
 
 The adjudi- 
 cation. 
 
 Several of- 
 fences in one 
 conviction. 
 
 Several de- 
 fendants in one 
 conviction, 
 where offence 
 several and 
 not joint. 
 
 Summary Convictions and Orders. [part i. 
 
 defendant, and the service of the summons, the confession 
 of the defendant, the adjournment of the hearing, the evi- 
 dence in detail as given by the proseciitor's vritnesses as well 
 as the defendant's, and the manner of the appropriation of 
 the penalty or portions of it, with the names of the persons 
 entitled to it {see Beg. v. Hyde, in note 40, p. 147), and costs. 
 The requisites therefore of the conviction are, in addition to 
 those before referred to in regard to the information, as to 
 the description of justices, the offence with date, &c., princi- 
 pally as to the mode of stating the judgment in the adjudi- 
 catino- portion, which must be precise and certain (JRex v. 
 Harris, 7 T. R. 238), and must strictly follow the provisions 
 of the act of parliament npon which it is founded, for any 
 excess, diminution or variation of the penalty or punishment 
 and costs fixed by the statute will render the conviction entirely 
 void 46; but not of their application 47. The form need not 
 in all cases be followed verbatim ; for such alterations as are 
 requisite may be made {In re Boothroyd, 15 M. & W. 1). It 
 seems now, since only one offence can be inserted in the in- 
 formation, that the conviction upon which it is founded should 
 likewise contain but one offence, although before the statute it 
 was legal to include several offences of the same nature in the 
 same conviction ; but if several are inserted, each must be dis- 
 tinctly charged, and the penalties must be properly adjudged 48. 
 The statute of 11 & 12 Vict. c. 43, contains no provision pro- 
 hibiting the joinder of offences in the conviction. Separate 
 convictions are however recommended in such cases, because 
 of the complicated nature of the adjudication of the imprison- 
 ment on nonpayment. 
 
 Although some diversity of practice has prevailed with re- 
 spect to the joinder of defendants convicted at the same time of 
 the same charge in one and the same conviction, the better 
 opinion seems to be (16 J. P. 511 ; 4 Magis. 225, 1852), that 
 they should ail be included in that document, the same as in 
 indictments for misdemeanors (16 J. P. 511; 4 Magis. 225; 
 
 46 R- V. Hall, Cowp. 60 ; R. v.Elmll, 2 Ld. Raym. ISHj 2 Show. 791; 
 K. V. Salomons, 1 T. R. 251 ; Groome V. Forrester, 5 M. & S. 314 ; R- v. 
 Payne, 4 D. & Ry. 72 ; R. v. Vipont, 2 Burr. 11()3 ; R v. Jshton, 8 Mod. 
 17.5 ; Re Reynolds, 13 L. J. (M. C.) 65 ; 1 New Sess. Cas. 51. 
 
 47 Reg. V. Hyde, 21 L. J. (N. S.) M. C. 9i ; 16 Jur. 337 ; 16 J. P. 67l 
 Charter v. Greame, 18 L. J. (N. S.) M. C. 73; 13 Q. B. 216. 
 
 48 R- V. Swallow, 8 T. R. 284, 286; Newman V. Bendyshe and another, 10 
 Ad. & El. 11 ; 2 P. & D. 340, S. C. ; Palev, 4th ed., 218, 226. 
 
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CHAP. I.] Sect. 5. The Hearing and Adjudication, S^c. 151 
 
 Paley, 4th ed., p. 61 ; Glen's ed. of Jervis's Acts, p. 93). In 
 Ex parte Brown\\Q5. P. 60), three persons were included 
 in one conviction as reputed thieves, and no objection appears 
 to have been taken on this ground ; so likewise in Reg. v. 
 Cridland (27 L. J. (N. 8.) M. C. 28), and Reg. v. Bacon (21 
 J. P. 404), which was a conviction of several persons for a 
 trespass in pursuit of game. But in Re Clee and another 
 (21 L. J. (N. S.) M. C. 112), where separate convictions were 
 drawn up upon a joint information, the court refused to order 
 the justices to alter the conviction by making it a joint one. 
 From those cases, which appear to have been decided with 
 respect to offences which are in their nature several, and con- 
 sequently the penalty several upon each defendant, it would 
 seem it is both legal to draw up a separate conviction for each, 
 or to include the whole of them in one conviction. It was so 
 before these decisions or the passing of the 11 & 12 Vict. 
 c. 43 (E. V. Drake, 2 Show. 489; Paley, 4th ed., p. 223) 49. 
 
 There should not be a separate conviction where the offence Joint penalty 
 is joint, and the penalty is severed among two or more de- ^efendants.°"^ 
 fendants, but a separate adjudication as to each 50. 
 
 The defendant is entitled, upon application, to a copy of the Copy of con- 
 conviction from the conviciino; magistrates (R. v. Midlavi, 3 ^"="0" "^ ''^- 
 
 =^ " • ^ ' fendant. 
 
 Burr. 1720), though they are not bound by the copy they have 
 
 delivered, but if it should be found that that conviction is de- 
 fective or informal, from misstating the name of the informer 
 or any other fact, without any fraud or intention to mislead, a 
 more correct one may be returned to the sessions, and the court 
 can only take notice of the latter 51. Indeed it is allowed that 
 the formal conviction may be drawn up at any time before the 
 return of the certiorari, although after a commitment {Massey 
 V. Johnson, 12 East, 82),— or after the penalty has been levied 
 by distress {R. v. Barker, 1 East, 186),— or after action 
 brought against the magistrates 52, — or, as it seems, after the 
 conviction has been returned to the sessions 53. 
 
 49 Vifie forms of adjudication upon several defendants in one conviction, 
 where the penalty imposed on each is the same or different in amount, post, 
 p. 154. 
 
 50 Vide form of the adjudication for such a case, post, p. \5i. 
 
 51 R- V. Allen, 15 East, 333, 346 ; 12 East, 67 ; R. v. Barlcer, 1 East, 
 188 ; R. V. Glossop, Easter T. 2 Geo. 4, 1821, M.S. ; Paley, 4th ed., pp. 222, 
 245, 247. 
 
 52 Lindsay v. Leigh, 11 Q. B. 455 ; Gray v. Cookson, 16 East, 13. 
 
 53 Selwood V. Mount, 1 Q. B. 729 ; 9 C. & P. 75 i Chaney v. Payne, I 
 Q. B. 723 i 1 Ad. & Ell. (N. S.) 712 ; Paley, 4th ed., p. 247. 
 
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152 
 
 Summary Convictions and Orders. [part i. 
 
 Copy of de- 
 positions. 
 
 Stating case 
 for opinion of 
 superior court. 
 
 The parties are not entitled to a copy of the depositions or 
 evidence of the witnesses in these cases, and' their only mode of 
 compelling the production of the originals is by a subpoena. 
 
 The act 20 & 21 Vict. c. 43, which gives power to a party 
 dissatisfied with the justices' determination, as being erroneous 
 in point of law, to require a case to be stated by the justices 
 for the opinion of a superior court, is separately treated of under 
 the head " Of Appeal against or revieming the Judgments of 
 Justices," in Sect. 8 of this Chapter, post, p. 191. 
 
 (11) Convic- 
 tion for a pe- 
 nalty to be 
 levied by dis- 
 tress, and in 
 default im- 
 prisonment. 
 
 Forms, 54- 
 
 ) Be it remembered, that on the day of , in the 
 
 to wit. S year of our Lord , at , in the said [county], A. B. 
 
 is convicted before the undersigned, [one'] of her Majesty's justices of 
 the peace for the said \eounty~\, for that [he the said A. B. &c. stating 
 the offence, and the time and place wlien and where committed ] ; and 
 I adjudge the said A. B. for his said offence to forfeit and pay thq 
 
 sum of [stating the penalty, and also the compensation, if any], to 
 
 be paid and applied according to law, and also to pay to the said C. D. 
 
 the sum of for his costs in this behalf; and if the said several 
 
 sums be not paid forthwith [or "on or before next"], *I order 
 
 that the same be levied by distress and sale of the goods and chattels 
 of the said A. B. ; and in default of sufficient distress, * I adjudge the 
 
 said A. B. to be imprisoneji in the [house of correction'] at in the 
 
 said county [there to be kept to hard lahour] for the space of , 
 
 unless the said several sums, and all costs and charges of the said dis- 
 tress [and of the commitment and conveying of the said A, B. to tlie 
 said house of correction] shall be sooner paid. 
 
 Given under my hand and seal, the day and year first above men- 
 tioned, at , in the [countyl aforesaid. 
 
 J. S. (l.s.) 
 
 * Or where the issuing of n. distress warrant would he ruinous to Ike de- 
 fendant or his family, or it appears that he has no goods whereon to levy a dis- 
 tress, then, instead of the words between the asterisks**, say, " then, inasmuch 
 as it hath now been made to appear to me [that the issuing of a warrant of 
 distress in this behalf would be ruinous to the said A. B. and his family, or 
 ' that the said A. B. hath no goods or chattels whereon to levy the said suras 
 by distress'], I adjudge" [&c. as above to the end']. 
 
 (I 2) Convic- ) Be it remembered, that on the day of , in the 
 
 tion for a pe- to wit. S year of our Lord , at , in the said [county], A. B. 
 
 nalty, and in is convicted before the undersigned, [one] of her Majesty's justices of 
 
 default of pay- the peace for the said [county'], for that [he the said A. B. ^c. stating the 
 
 ment im- offence, and the time and place when and where it was committed]; 
 
 prisonraent. and I adjudge the said A. B. for his said offence to forfeit and pay the 
 
 54 Vide Gene's " FormuUst," 2nd ed., pp. 65 — 237, for the modes of de- 
 scribing technically in convictions and other forms all the offences punish- 
 able summarily, under the several titles, in Chap. II. of this part of the 
 work. 
 
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CHAP. 1.] Sect. 5. The Adjudication and Hearing, Sfc. 153 
 
 sum of Istating the penalty and the compensation, ifanyX to be 11 & 12 'Vict. 
 
 paid and applied according to law, and also to pay to the said C. D. "■ *^- 
 
 the sum of for his costs in this behalf ; and if the said several 
 
 sums be not paid forthwith [or " on or before next"], I adjudge 
 
 the said A. B. to be imprisoned in the [liouse of correction] at , 
 
 in the said lcounty'\, {and there to be kept to hard labour], for the 
 
 space of , unless the said several sums [and the costs and charges 
 
 of conveying the said A. B. to the said house of correction'] shall be 
 sooner paid. 
 
 Given under my hand and seal the day and year first above men- 
 tioned, at in the [county] aforesaid. 
 
 J. S. (i.s.) 
 
 1 Be it remembered, that on the day of , in the (I 3) Convic- 
 
 to wit. \ year of our Lord , in the said [county], A. B. is con- tipn when the 
 
 victed before the undersigned, [one] of her Majesty's justices of the punishment is 
 peace for the said [county], for that [he the said A. B. Sj-c. stating the by impnson- 
 offence, and the time ana place when and where committed ] ; and '"^" 
 1 adjudge the said A. B. for his said offence to be imprisoned in the 
 
 [house of correction] at , in the said [county], [and there kept to 
 
 hard labour] for the space of : and I also adjudge the said A. B. 
 
 to pay the said C. D. the sum of , for his costs in that behalf ; and 
 
 if the said sum for costs be not paid forthwith [or " on or before 
 
 next"] then *I order that the said sum be levied by disti-ess and sale 
 of the goods and chattels of the said A. B. : and in default of sufficient 
 distress in that behalf,* I adjudge the said A. B. to be imprisoned in 
 the said [house of correction], [and there kept to hard labour] for the 
 space of , to commence at and from the termination of his im- 
 prisonment aforesaid, unless the said sum for costs shall be sooner 
 paid. 
 
 Given under my hand and seal, the day and year first above men- 
 tioned, at in the [county] aforesaid. 
 
 J. S. (ls.) 
 
 * Or where the issuing of a distress warrant would be ruinous to the de- 
 fendant or his family, or it appears that he has no goods whereon to levy a dis- 
 tress, then, instead of the words between the asterisks**, say, " inasmuch as it 
 hath now been made to appear to me [that the issuing of a warrant of dis- 
 tress in this behalf would be ruinous to the said A. B. and his family, or 
 ' that the said A. B. hath no goods. or chattels whereon to levy the said sum 
 for costs by distress'], I adjudge" [&c.] 
 
 — ;- J Be it remembered, that on the day of in the Conviction on 
 
 to wit. i year of our Lord , at , I, G. H., Esquire, one of her ^iew of a jus- 
 Majesty's justices of the peace in and for the said [county] of tice (not in 
 
 personally saw A. B., of the [parish] of , in the same [county] Jervis's Acts). 
 
 [here state the offence seen committed], contrary, &c. Whereupon (*'r<»i>Oke's 
 
 it is considered and adjudged by [me] the said justice, that the said "^ormulist," 
 
 A. B. be convicted, and he is by me accordingly hereby convicted of ^' ' ^^'^ 
 his said offence upon my own view as aforesaid, according to the form 
 of thestatute aforesaid in that case made and provided ; and I adjudge 
 the said A. B. for his said offence [conclude as usual]. ° 
 
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154 
 
 Summary Convictions and Orders. [part i. 
 
 11 & 12 Vict. 
 ,c. 43. 
 
 Adjudication 
 upon several 
 defendants in 
 one conviction 
 where tlie pe- 
 nalty imposed 
 is the same on 
 each. 
 
 And I adjudge each of them, the said A. B., E. F. and G. H., for 
 
 his said offence, severally to forfeit and pay the sum of , and each 
 
 of them also to pay to C. D. the sum of for his costs in this 
 
 behalf; and if the said several sums be not paid by the said A. B., 
 
 E. F., and G. H. respectively forthwith [or " on or before next"], 
 
 I adjudge each of them, the said A. B., E. F. and G. H., who shall 
 make default in that behalf, severally to be imprisoned in the common 
 
 gaol at in the said [county} of , [and there to be kept to 
 
 hard labour'] for the space of — ■ — , unless the said several sums so 
 adjudged to be paid by the person so making default [and the costs 
 and charges of conveying such person to the common gaol] respectively, 
 shall be sooner paid. 
 
 [As to this form, see Reg. v. Cridland, 27 L. J. (N. S.) M. C. 28; 
 21 J. P., 404.] 
 
 The like, a 
 longer form, or 
 to be used 
 where the pe- 
 nalty imposed 
 on each de- 
 fendant is dif- 
 ferent in 
 amount. 
 
 I Be it remembered, that on the day of in the 
 
 to wit. i year of our Lord , at in the said [county], A. B., 
 
 E. F. and G. H. are convicted before the undersigned [two] of her 
 Majesty's justices of the peace for the said [county], for that they the 
 said A. B., E. F. and G. H. did [ifc. stating the offence] : And we 
 adjudge the said A. B., for his said offence, to forfeit and pay the sum 
 
 of , to be [respectively] paid and applied according to law, and 
 
 also to pay to C. D. the sum of for his costs in respect of the said 
 
 A. B. in this behalf; and if the said several sums be not paid forth- 
 with [or " on or before the day of "], we adjudge the said 
 
 A. B. to be imprisoned in the common gaol at in the said county 
 
 of [there to be kept to hard labour] for the space of , unless 
 
 the said several sums [and the costs and charges of the commitment 
 and conveying of the said A. B. to the said common gaol] shall be 
 sooner paid : And we adjudge the said E. F. for his said offence to for- 
 feit and pay [S^c. as above, repeating the like adjudication against 
 each defendant convicted]. 
 
 N.B. — Where the punishment is by imprisonment, and not by penalty, and 
 the same punishment is assigned to each offender, the adjudication in 
 the form (1 3), ante, p. 153, may adjudge all the defendants "for 
 their said offence to be severally imprisoned in the," &c. but the 
 adjudication of costs in that case must, if they are ordered, be separate. 
 
 Adjudication 
 for a joint of- 
 fence where 
 the penalty is 
 severed among 
 the defendants. 
 
 And I adjudge the said A. B., E. F. and G. H. for their said offence, 
 to forfeit and pay the sum of [bl. the full penalty], to be paid and ap- 
 plied according to law, and also to pay to the said C. D. the sum of 
 
 , for his costs in this behalf, in the following proportions, that is 
 
 to say, the said A. B. for his said offence the sum of [21. share of 
 
 penalty], and the sum of for costs ; and the said E. F. for his 
 
 said offence the sum of [\l. other part of penalty], and the sum of 
 
 ■ for costs ; and the said G. H. for his said offence the sum of 
 
 [2Z. remainder of penalty], and the sum of for costs ; and if the 
 
 said several apportioned sums be not paid forthwith [or " on or before 
 next"] by the said A. B., E. F. and G. H. respectively, I ad- 
 judge each of them, the said A. B., E. F. and G. H., who shall make 
 default in that behalf, severally to be imprisoned in the common gaol, 
 
 at , in the said [county] of [and there to be kept to hard 
 
 labour] for the space of . [Or, if imprisonment be different to 
 
 each, say:] I adjudge the said A. B., E. F. and G. H. to be severally 
 
 Digitized by Microsoft® 
 
CHAP I.] Sect. 5. The Adjudication and Searing, ^c. 135 
 
 imprisoned in the eommnn gaol, at , in the said \ county] of , 11 & 12 Vict 
 
 \and there severally to be kept to hard labour] tor the following "■ ^^- 
 
 periods respectively, that is to say, the said A. B. for the space of , 
 
 the said E. F. for the space of , and the said G. H. for the space 
 
 of , unless the said several suras so adjudged to be paid by the 
 
 person so making default [ajid the costs and charges of conveying such 
 person to the common gaol respectively] shall be sooner paid. 
 
 ) Be it remembered, that on complaint was made before (K 1) Order 
 
 to wit. jl the undersigned, [or "J. S., esquire"] [one] of her Majesty's for payment of 
 
 justices of the peace in and for the said [county] of for that, money to be 
 
 [stating the facts entitling the complainant to the order, with the time levied by dis- 
 and place when and where they occurred] ; and now at this day, to V^^/^',*°'i-j" 
 
 wit, on , at , the parties aforesaid appear before me the said <'«'^"1' "' "^^' 
 
 justice [or " the said C. D. appears before me the said justice, but the .^^ """ 
 said A. B , although duly called, doth not appear by himself, his P"^""™^" • 
 counsel or attorney, and it is now satisfactorily proved to me on oath, 
 that the said A. B. has been duly served with the summons in this 
 behalf, which required him to be and appear here at this day before 
 such justices of the peace for the said [county] as should now be here, 
 to answer the said complaint, and to be further dealt with according 
 to law"] ; and now having heard the matter of the said complaint, 1 
 
 do adjudge the said A. B. [to pay to the said C. D. the sum of 
 
 fortliwith, or "on or before next," or as the statute may require], 
 
 and also to pay to the said C. D. the sum of for his costs in this 
 
 behalf; and if the said several sums he not paid forthwith [or " on or 
 
 before next"] *I hereby order that the same be levied by distress 
 
 and sale of the goods and chattels of the said A. B. ; and in default of 
 sufficient distress in that behalf,* I adjudge the said A. B. to be im- 
 prisoned in the [Iwuse of correction] at in the said [county], [and 
 
 tliere kept to hard labour,] for the space of , unless the said several 
 
 sums, and all costs and charges of the said distress [and of the com- 
 mitment and conveying of the said A. B. to the said house of correc- 
 tion] shall be sooner paid. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our Lord , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 * Or where the issuing of a distress warrant would he ruinous to the de- 
 fendant or his family, or it appears that he has no goods whereon to levy a dis- 
 tress, then, instead of the words between the asterisks**, say, "then, inasmuch 
 as It hath now been made to appear to me [that the issuing of a warrant of 
 distress in this behalf would be ruinous to the said A. B. and his family or 
 'that the said A. B. hath no goods or chattels whereon to levy the said sums 
 by distress*], I adjudge" [&o.] 
 
 r ] Be it remembered, that on complaint was made before ( K 2) Order 
 
 i^ TnH 1! r '-^'f "^' lTl°^ her Majesty's justices of the peace for payment of 
 
 m and for the said [couny] of , for that [stating tite facts enti- money, and in 
 
 iling th£ complainant to the order, with the time and place when and default of pay. 
 
 where they occurred] ; and now at this day, to wit, on at ment itn- 
 
 the parties aforesaid appear before me the said justice, [w " the said prisonment. 
 V"i ^?^f^I' ^^^°^^ "^ *® said justice, but the said A. B., although 
 duly called, doth not appear by himself, his counsel or attorney, and'it 
 IS now satisfactorily proved to me on oath, that the said A. B. hwlieen 
 Digitized by Microsoft® 
 
156 
 
 Summary Convictions and Orders. [part i. 
 
 11 & 12 Vict, duly served with the smnmons in this behalf, which required him to be 
 c. 43. and appear here ou this day before such justices of the peace for the 
 
 "~ said [county'] as should now be here, to answer the said complaint, and 
 
 to be further dealt with according to law"] ; and now, having heard 
 the matter of the said complaint, I do adjudge the said A. B. [to pay 
 
 to the said C. D. the sum of forthwith, or " on or before 
 
 next," or as the statute may requirel, and also to pay to the said C. D. 
 
 the sum of for hid costs in this behalf; and if the. said several 
 
 sums be not paid forthwith [or " on or before next"], I adjudeje 
 
 the said A. B. to be imprisoned in the [Iiouse of correction] at m 
 
 the said county [there to be kept to hard labour] for the space of , 
 
 unless the said several sums [and the costs and charges of conveying 
 the said A. B.to the said house of correction] shall be sooner paid. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our Lord , at , in ihe\county] aforesaid. 
 
 J. S. (L.S.) 
 
 (K 3) Order 
 for any other 
 matter where 
 the disobeying 
 of it is punish- 
 able with im- 
 prisonment. 
 
 ^ Be it remembered, that on complaint was made before 
 
 to wit. S the undersigned, [one] of her Majesty's justices of the peace 
 in and for the said [county] of , for that [stating the facts enti- 
 tling the complainant to the m-der, with the time arid place when and 
 
 where they occurred] ; and now at this day, to wit, on , at , 
 
 the parties aforesaid appear before me the said justice [or " the said 
 C. D. appears before me the said justice, but the said A. B., although 
 duly called, doth not appear by himself, his counsel or attorney, and 
 it is now satisfactorily proved to me upon oath that the said A. B. has 
 been duly served with the summons in this behalf, which required him 
 to be and appear here at this day, before such justices of the peace for 
 the said [county] as should no w be here, to answer to the said complaint, 
 and to be further dealt with according to law"] ; and now, having 
 heard the matter of the said complaint, I do therefore adjudge the said 
 A. B. to [here state the matter required to be <fone]„and if upon a 
 copy of a minute of this order being sei'ved upon the said A. B., either 
 personally or by leaving the same for him at his last or most usual 
 place of abode, he shall neglect or refuse to obey the same, in tliat case 
 1 adjudge the said A. B. for such his disobedience to be imprisoned in 
 
 the [house of correction] at , in the said county, [there to be kept 
 
 to hard labour,] for the space of , [unless the said order be sooner 
 
 obeyed, — if the statute authorize this] ; and I do also adjudge the 
 
 said A. B. to pay to the said C. D. the sum of for his costs in 
 
 this behalf; and if the said sum for costs be not paid forthwith [or 
 
 "on or before next"], I order the same to be levied by distress 
 
 and sale of the goods and chattels of the said A. B. : and in default of 
 sufficient distress in that behalf, I adjudge the said A. B. to be im- 
 prisoned in the said [fiouse of correction and there kept to hard labour] 
 
 for the space of , to commence at and from the termination of his 
 
 imprisonment aforesaid, unless the said sum for costs shall be sooner 
 paid. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our Lord , at , in the [county] aforesaid. 
 
 J. S. (I..S.) 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 5. The Hearing and Adjudication, ^-c. 157 
 
 8. The Detention of Juveniles in Reformatories. 
 Juvenile offenders may be placed by justices in reformatory General scope 
 
 or industrial schools, according to their ases and the nature of °^ *^ Reform- 
 
 ' " " atory and 
 
 the offences with which they are charged : to reformatory industrial 
 
 schools, after a previous imprisonment of fourteen days ; and Schools Acts, 
 to industrial schools, without being previously imprisoned. 
 Those who are under the age of sixteen years, committing any 
 offence for which imprisonment without Jine may he imposed 
 on summary conviction, and who are adjudged to be imprisoned 
 for fourteen days at the least, may be sent by the convicting 
 justices (two or more) by virtue of the Reformatory Schools 
 Acts, at the expiration of the sentence, to some reformatory 
 school certified under the 17 & 18 Vict. c. 86, there to be de- 
 tained for not less than two nor more than five years. Those 
 offenders who are above the age of seven years, and under the 
 age of fourteen, committing any act of vagrancy under any 
 local or general act (for which see the Vagrant Act, 5 Geo. 4, 
 c. 83, ss. 3, 4, 5, tit. " Vagrants," post), may, without being 
 previously imprisoned for the offence, be sent by two justices, 
 by virtue of the " Industrial Schools Act, 1857," 20 & 21 Vict, 
 c. 48, to a certified industrial school for such period as the jus- 
 tices think necessary (determinable, however, at the age of fif- 
 teen, and under other circumstances provided for in the act), 
 there to be "detained, educated and trained." So far, it will 
 be seen, that the acts are distinct in their action and operation, 
 each differing as to the age and the offence of the juvenile 
 to be dealt with under them ; but under both series of acts, a 
 child cannot be sent to either of such schools, unless the ma- 
 nagers are willing to receive him ; so, likewise, there are pro- 
 visions in the acts relating to each for compelling the parents 
 of such children to contribute, according to their ability, to the 
 cost of their maintenance in the schools. The acts relating to 
 the care and treatment of offenders in reformatory schools are 
 the 17 & 18 Vict. c. 86 (1854), 18 k 19 Vict. c. 87 (1855), 
 
 19 & 20 Vict. c. 109 (1856), and 20 & 21 Vict. c. 55 (1857). 
 By sect. 12 of the 19 & 20 Vict. c. 109, that act and the 17 & 18 
 Vict. c. 86, and 18 & 19 Vict. c. 87, are to be read as one act; 
 but the 20& 21 Vict. c. 55, is not specially incorporated with the 
 others. The only act at present as to industrial schools, is the 
 
 20 & 21 Vict. c. 48 (1857J, which, however, as no conviction 
 takes place, and the offender is not adjudged to be imprisoned, 
 
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158 
 
 Summary Convictions and Orders. [part i. 
 
 Detention of 
 Juveniles in 
 Reformatories. 
 
 Certifying of 
 reformatory 
 hy home secre- 
 tary. 
 
 List of re- 
 formatories 
 certified, or 
 whose certifi- 
 cates are can- 
 celled, to be 
 published by 
 home secretary. 
 
 Counties, &c. 
 may contribute 
 to reformatory 
 schools. 
 
 is treated of in its proper place in Part III. of this work, under 
 the title of " Industrial Schools." The following is an abstract 
 of the several Reformatory School Acts mentioned : 
 
 The Certifying of Schools and Cancelling Certificates.']— Kes 
 Majesty's secretary of state for the home department, upon 
 application made to him by the directors or managers of any 
 such institution, may direct one of her Majesty's inspectors of 
 prisons to examine and report to him upon its conditions and 
 regulations ; and any such institution as shall appear to the 
 satisfaction of the said secretary of state, and shall be certified 
 under his hand and seal, to be useful and efficient for its 
 purpose, shall be held to be a reformatory school under the 
 provisions of this act : — provided always, that it shall be lawful 
 for any of her Majesty's inspectors of prisons to visit from 
 time to time any reformatory school which shall have been so 
 certified as aforesaid ; and if upon the report of any such 
 inspector the said secretary of state shall think proper to 
 withdraw his said certificate, and shall notify such with- 
 drawal under his hand to the directors or managers of the 
 said institution, the same shall forthwith cease to be a re- 
 formatory school within the meaning of this act (17 & 18 
 Vict. c. 86, s. 1). 
 
 One of her Majesty's principal secretaries of state shall, within 
 one calendar month after the passing of this act (29th July, 
 1856), cause to be published in the London Gazette a list of 
 all reformatory or industrial schools or other similar institu- 
 tions, which have been already certified under the provisions 
 of the act 17 & 18 Vict. c. 86 ; — and whenever such secretary 
 of state shall at any time hereafter grant a certificate to any 
 new school or institution, he shall, within one calendar 
 month, cause a notice thereof to be published in the said 
 Gazette, — and such publication shall be a sufficient evidence 
 of the fact of such school or institution having been certified 
 to justify any court, judge or magisti-ate to commit any yonng 
 person thereto, subject to the provisions of the said Act (17 & 
 18 Vict. c. 86) and of this act, and of any other act or acts 
 relating to such schools or institutions ; — and whenever the 
 secretary of state shall withdraw or cancel the certificate 
 granted to any school or institution, he shall give notice of 
 such withdrawal in the said Gazette within one calendar 
 month of the date thereof (19 & 20 Vict. c. 109, s. 10). 
 
 Counties or Boroughs may contribute to Seformatory Schools.] 
 — The justices of the peace of any county, in general or 
 quarter sessions, or the council of any borough having a 
 separate court of sessions of the peace, upon the application 
 
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CHAP. I.] Sect. 5. The Hearing and Adjudication, ^c. 159 
 
 of the directors or managers of any reformatory school for Detention itf 
 youthful offenders already established, in whole or in part, ^"J?"^'^'^^'^"^,, 
 
 by voluntary coctributions, or of the promoters of a re- 
 
 formatory school intended to be so established, may make an 
 order for the payment of money in aid of such reformatory 
 school, or of the establishment thereof, subject to such con- 
 ditions as may be agreed upon between such justices or coun- 
 cil and such directors, managers, or promoters (20 & 21 Vict, 
 c. 55, s. 1). 
 Not less than two months' notice shall be given by the clerk of Length of no- 
 the peace of such county, in some newspaper or newspapers *"'^ of proposal 
 commonly circulated in such county, of the day on which 
 any motion for such order under this act is to be considered, 
 and the clerk of the peace of the county shall give such 
 notice on the requisition of any five justices acting for such 
 county ; — and every order by the council of any borough 
 for the payment of money shall be made at a special meeting 
 of such council to be called for that purpose, and notice of 
 such intended resolution shall be given two months before 
 the meeting of the conncil, by advertisement in some news- 
 paper or newspapers usually circulating within the said 
 borough (Id. s. 2). 
 The money granted under this act in aid of a reformatory school How money 
 shall be applicable to the following purposes ; viz. contributed is 
 
 Towards defraying the expenses of purchasing the site 
 of a school on its first establishment, — or the site of 
 any extension or new establishment for the purposes 
 of a school already established, — or the expenses of 
 building or fitting up a school on its first establish- 
 ment,— or erecting, altering, or enlarging or fitting 
 up any buildings for the extension or improvement 
 of a school already established;— and the justices 
 or council, as the case may be, shall provide for the 
 application of such money accordingly (Id. s. 3). 
 But no money shall be ordered to be paid under this act in aid 
 of any reformatory school established at the time of the 
 grant, unless the institution has been certified by the secre- 
 tary of state, under the provisions of the act of the session 
 holden in the seventeenth and eighteenth years of her Ma- 
 jesty, chapter eighty-six, to be useful and efficient for its 
 purpose, — nor shall any money be paid under any such grant 
 in aid of any school which shall have been so certified in 
 case such certificate shall have been withdrawn ;— and in plans &c of 
 every case where money is granted under this act, the plan school to be 
 and particulars of the school intended to be established or of ^®"' *° '"""® 
 the extension or new establishment for the purposes' of a ^^""^^'"y- 
 
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160 
 
 Summary Convictions and Orders. [paht 
 
 Detention of 
 Juveniles in 
 Reformatories. 
 
 Counties, &c. 
 may contract 
 with managers 
 of schools for 
 reception of 
 offenders. 
 
 Monies to he 
 raised as 
 monies for 
 gaols are. 
 
 Offender not' 
 exceeding 16 
 and sentenced 
 to imprison- 
 ment for 14 
 days, may be 
 sent to a re- 
 formatory, if 
 directors 
 thereof are 
 willing to 
 receive him. 
 
 school already established (as the case may be) shall, befor 
 payment of money under the order, be submitted to and ap 
 proved of by one of her majesty's principal secretaries c 
 state (Id. s. 4). 
 
 The- justices, of the peace of any county in general or quarte 
 sessions (notice having been given as herein provided in th 
 case of an order for the payment of money), or for the counci 
 of any borough having a separate court of sessions of th 
 peace, at a special meeting of such council called for the pur 
 pose, may appoint and empower a committee of such jns 
 tices or council to enter into an agreement with the di 
 rectors or managers of any reformatory school, certified a 
 aforesaid, for the reception and keeping in such school fron 
 time to time of offenders from such county or borough sen 
 tenced to be detained in a reformatory school, iri conside 
 ration of such periodical payments as may be agreed upoi 
 with such managers or directors ; — and such justices oi 
 council may direct the payment of the money which maj 
 from time to time become payable under such agreement 
 (Id. s. 5). 
 AU monies ordered to be paid under this act by any justices oi 
 council shall be raised and paid in the same manner and sub- 
 ject to the same conditions as monies to be raised by the jus- 
 tices or council respectively for building, rebuilding, or en- 
 larging any gaol under their respective management ; — and 
 all monies directed to be paid from time to time by any 
 justices or council, in pursuance of any agreement under this 
 act, shall be raised and paid in the same manner as monies 
 to be raised ^r the ordinary current expenditure of their 
 several gaols (Id. s. 7). 
 
 When a Juvenile Offender can he sent to a Reformatory School] 
 — Whenever after the passing of this act (i. e. 10th August, 
 1854) any person under the age of sixteen years shall be 
 convicted of any offence punishable by law, either upon an 
 indictment or on summary conviction before a police magistrate 
 of the metropolis or other stipendiary magistrate, or before 
 two or more justices of the peace, then and in every such 
 case it shall be lawful for any court, judge, police magistrate 
 of the metropolis, stipendiary magistrate, or any two or more 
 justices of the peace, before or by whom such offender shell 
 be so convicted, in addition to the sentence then and there 
 passed as a punishment for his offence, to direct such offender 
 to be sent, at the expiration of his sentence, to some one of 
 the aforesaid reformatory schools to be named in such direc- 
 tion, the directors or managers of which shall be willing to 
 receive him, and to be there detained for a period not less 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 5. The Searing and Adjudication, ^c. 161 
 
 than two years and not exceeding five years,— and such Detention of 
 
 offender shall be liable to be detained pursuant to such direc- ^y-^^'*'„'"j„. 
 tion : — provided always, that no offender shall be directed to 
 
 be so sent and detained as aforesaid unless the sentence passed and detained 
 
 as a punishment for his offence, at the expiration of which he '°'" °°' 
 
 . ,. , , , , . J , ,1 1 /. • • than 2, nor ex- 
 
 is directed to be so sent and detained, shall be one or impri- needing 5 years. 
 
 sonment for fourteen days at the least (17 & 18 Vict. c. 86, 
 
 s. 2) 55- 
 
 It shall not he necessary at the time of passing sentence for any Reformatory 
 
 court, iudge or magistrate proceeding under the said first °^'^" '?"'' . 
 
 . , ° ° , . , , , , . , named at time 
 
 recited act, to name the particular school to which any of conviction. 
 
 youthful offender is to be sent, but it shall be sufficient for 
 such court, judge or magistrate to direct that such youthful 
 offender be sent to such school (being a school duly certified 
 under the said act, and the directors or managers of which 
 may be willing to receive him) as may thereafter, and before 
 the expiration of the tei'm of imprisonment to which he or 
 she has been sentenced, be directed by the chairman or de- 
 puty chairman of the said court, or by the said judge or 
 magistrate (19 & 20 Vict. c. 109, s. 1) 56. 
 
 Any court, judge, or magistrate, or the chairman or deputy chair- justices may 
 man of such court, having made an order under the authority change name 
 of the said act or of this act for sending any young person to of reformatory 
 any reformatory or industrial school, may, at his or their tion'oflnf-'^*' 
 discretion, make a supplemental order 57 at any time before prisonment. 
 the expiration of the term of imprisonment to which he or 
 she has been sentenced, exchanging the name of such school 
 or institution for the name of any other school or institution 
 to which he or she might in the first instance legally have 
 been sent, provided the managers thereof be willing to receive 
 him or her,— and such young person shall be sent or transferred 
 to such last-mentioned school accordingly (19 & 20 Vict. 
 c. 109, s. 2). 
 
 If the parent or guardian or nearest surviving relative of any justices may 
 young person who may have been sent to or whom it may on application 
 be intended to send to a school, under the provisions of either °^ Parent of 
 of the said recited acts or of this act, certify to the judge, of "erUin con 
 magistrate, or court, or the chairman or deputy chairman ditions, remove 
 
 ■ '■ ^ offender to 
 
 another re- 
 
 Kc Ti, 1. « auotutT re 
 
 e %~A 1 necessary forms of conviction and commitment are eiven in formatory, 
 
 K: Not. tiM'm I! '' ""'''■ '■ '''■ '''' ""''^ " ^— "<■ 
 
 fiw T,*"^ *°'"?. '^ S'''^" '" Schedule F. to the 19 & 20 Vict. .;. 109 Vide 
 Oke's "FormulUt," 2nd ei., Ho. n, p. 200. »'"•<-. iu». Kide 
 
 O.S. 
 
 M 
 Digitized by Microsoft® 
 
162 
 
 Summary Convictions and Orders. [part i 
 
 Detention of 
 Juveniles in 
 Reformatories, 
 
 Governor of 
 gaol to remove 
 offender from 
 it to the re- 
 formatory. 
 
 thereof, by whom the order may have been or may be ahon 
 to be made, within fourteen days from the day of the makin] 
 of such order or supplemental order as aforesaid, that the; 
 object to such young person being sent to or detained in th 
 school named or about to be named in such order or snp 
 piemen tal order,— and shall name another school in Grea 
 Britain, duly certified as aforesaid,— and shall signify thei 
 desire that such young person may be sent thereto, — and shal 
 prove that the managers thereof are willing to receive sucl 
 young person, — and shall pay or find sufficient security to pa; 
 any additional expense which his or her removal may occa 
 sion, over and above that of sending him or her to the certi 
 fied school on which the order shall have been made, in casi 
 the removal shall take place before the expiration of his or he: 
 imprisonment, and in case the removal shall take place fron 
 one such school to another then to pay the whole expense,— 
 such court, chairman, deputy chairman, judge or magistrals 
 shall direct such young person to be sent to such last-men- 
 tioned school accordingly (19 & 20 Vict. c. 109, s. 3). 
 Memoval from the gaol to the School.^ — It shall be the duty oi 
 the governor or keeper of every gaol or house of correction, 
 having the custody under sentence of any young person ■whc 
 is ordered to be sent to any reformatory or industiial school, 
 to forward with such young person to such school an ori- 
 ginal duplicate, if any such duplicate exists, of the warrant 
 of commitment under which such young person has been im- 
 prisoned, — and if no such duplicate exists, to forward with 
 such young person a copy of such wanant, — and at the foot 
 of such duplicate or copy to make a memorandum, statiog 
 that the young person named therein and sent therewith is 
 identical with the person delivered with the warrant of which 
 the instrument is a duplicate or copy to such gaol or house 
 of correction 58;— and the said memorandum shall be signed 
 by the governor or keeper aforesaid,— and the possession oi 
 such warrant or copy of a warrant, with such memorandum 
 so signed, shall be a sufficient authority for the detention of 
 such young person in such school or institution (19 & 30 Vict. 
 c. 109, s. 7). 
 
 58 It is recommended that the commitment be signed in duplicate. The 
 memorandum here required may be as follows : — 
 
 '■ 1 certify, that A. B., named in the within duplicate \^or ' copy'] warrant 
 of commitment, and who is sent herewith, is the identical person delivered 
 to the within-naiped \^house of correction'] with the warrant of which the 
 within is such duplicate \_or 'copy']. 
 
 " Dated the day of , 1858. 
 
 " G. W., keeper or governor of the [hottse 
 
 of correction'], at , in the county 
 
 of ." 
 
 Digitized by Microsoft® _ 
 
CHAP. I.] SecU 5. The Searing and Adjudication, ^c. 163 
 
 Bemovaljrom one School to another.']— It shall and may be Detention cf 
 lawful for her Majesty's secretary of state for the home de- "^^rmatories 
 partment, if he shall think fit to do so, to remove any such 
 
 youthful offender from one reformatory school to another : — Home Secre- 
 provided always, that snch removal shall not increase the , „[^ovoi of 
 period for which such offender was sentenced to remain in a offender from 
 reformatory school (17 & 18 Vict. c. 86, s. 7). o"e reforma- 
 
 Schoels may be visited by Clergymen.'] — In every reformatory "^ 
 
 school aided by a grant of money uiider the 20 & 21 Vict, ^fvisjted by 
 C. 35, or in relation to which any such agreement as last clergymen of 
 aforesaid (s. 5, ante, p. 160) shall have been entered into, it religious per- 
 shall be lawful, upon the representations of the parent, or in ^^g^'jpfg 
 case of an orphan, then of the guardian or nearest adult re- 
 lative, of any offender detained in any such school, for a 
 minister of the religious persuasion of such offender, at certain 
 fixed hours of the day, which shall be fixed by the managers 
 or directors for the purpose, to visit such school for the pur- 
 pose of affording religious assistance to such offender, and 
 also for the purpose of instructing such offender in the prin- 
 ciples of his religion (20 & 21 Vict. c. 55, s. 6). 
 
 Disehirgefrom Schools—By a proviso to s. 2 of 17 & 18 Vict. Home secre- 
 c. 86, the secretary of state for the home department may at t^ify may ^'s- 
 any time order such offender to be discharged from any such ^'•"Ij^e of- 
 school. 
 
 Care of Juvenile Offenders when discharged from jReformatory Care of ju- 
 Schools.'] — It shall be lawful for the managers of any Re- venile of- 
 formatory school, previous to making application for the di"char"d™ 
 discharge of any juvenile offender committed to such school, from schools, 
 to place such offender on trial with some person, to be named 
 in the licence hereinafter, most willing to receive and take 
 charge of him, and to grant to such offender a licence under 
 their hands, or the hand of any one of them, to reside with 
 such person for any term not exceeding thirty days, unless 
 sooner called upon by the said managers to return to the said 
 school, and to require such offender to return to the said school 
 at any time during the same ;— and such managers shall bring 
 back such offender to the said school at the expiration of the 
 said term, provided that such offender shall not have been 
 previously discharged from the school by order of the secre- 
 tary of state ; * * » provided always, that no such of- 
 fender shall be so placed out before the expiration of one-half 
 of the term of detention to which he was originally sen- 
 tenced (20 & 31 Vict. c. 55, s. 13; see Offences in respect 
 to Schools, p. 165). 
 
 Maintenance and Cost of Bemovdl.'\-lt shall be lawful for the Cost of r„„ 
 commissioners of her Majesty's Treasury, upon the repre- tenance of' 
 
 jl 2 offender in re- 
 
 Digitized by Microsoft® 
 
 t mam- 
 
164 
 
 Detention of 
 Juveniles in 
 Reformatories. 
 
 formatory paid 
 ty treasury. 
 
 Expenses of 
 conveying of- 
 fender from 
 gaol to re- 
 formatory to be 
 paid by county, 
 &c, wbere sen- 
 tence passed. 
 
 Enforcing 
 contribution 
 from parent of 
 offender. 
 
 Summary Convictions and Orders, [part i. 
 
 mentation of one of her Majesty's principal secretaries of 
 state, to defray out of any funds which shall be provided by 
 parliament for that purpose, either the whole cost of the care 
 and maintenance of any juvenile offender so detained in any 
 reformatory school as aforesaid, at such rate per head, as 
 shall be determined by them, or such portion of such cost as 
 shall not have been recovered from the parents or step-parents 
 of such child (as provided by 18 & 19 Vict. c. 87, and 20 & 
 2] Vict. c. 55), or such other portion as shall be recom- 
 mended by the secretary of state (17 & 18 Vict. c. 86, s. 3). 
 
 The expense of conveying any young person sentenced in England 
 under the first-recited act or this act to the reformatory school 
 to which lie has been committed, under an original or supple- 
 mental order, except any extra or additional expense incurred 
 in conveying any young person, at the request of his or her 
 parents, guardians or relatives, to any school, other than the 
 nearest duly certified school [vide s. 3, pp. 161, 162], shall be 
 defrayed by the treasurer of the county, city or borough, in 
 which such sentence was in the first instance passed. In case 
 of the secretary of state ordering the removal of any young 
 person from one school to another [under 17 & 18 Vict. c. 86, 
 s. 7, p. 163], it shall be lawful for the commissioners of her 
 Majesty's Treasury, on the representation of such secretary 
 of state, to defray the expense of such removal out of any 
 funds which may be provided by parliament for the purpose 
 (19 & 20 Vict. c. 109, s. 6). 
 
 Contribution from Parent of Offender.'] — The 18 & 19 Vict. 
 c. 87, s. 2, formerly contained the provisions on this part of 
 the subject, but those have been superseded and extended by 
 the 20 & 21 Vict. c. 55 59. Sect. 8 of the latter act em- 
 powers the justices at the time of passing sentence to summon 
 the parent, and order him to pay not exceeding 5s. a week 
 towards the maintenance ; and where the sentence of deten- 
 tion is passed at the assizes or quarter sessions, the officer of 
 the court is to certify the sentence to the justices of the dis- 
 trict from which the offender was committed, who may 
 proceed against the parent in like manner. By s. 9, like 
 proceedings may be taken, on the complaint of a person 
 authorized by the secretaiy of state, before justices of the 
 jurisdiction where the parent is residing. The justices may 
 remit, reduce or increase the weekly payments (s. 10). By 
 B. 5 of the 18 & 19 Vict. c. 87, the secretary of state may 
 from time to time, if he think fit, remit all or any part of any 
 
 59 Vide the sections in extenso in Part III. of this work ; and the forms 
 in the act, G — L, in Oke's " Formulisi," 2nd ed., pp. 535—537. 
 
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CHAP. I.] Sect. 5. The Hearing and Adjudication, -S/c. 165 
 
 weekly payment made payable by any such order. Tide Detention of 
 also 19 & 20 Vict.c. 109, .. 3, ante, pp. 161, 162, as to the ^'^}^^j^';j.^,_ 
 
 payment by the parent of any expense of removal of a juve- 
 
 nile from one school to another. 
 
 Offences in respect to Sc/ioofe.]— Juveniles absconding from a Offences in 
 reformatory school, or not obeying the rules thereof, may be respect to 
 committed to prison for not exceeding three months (17 & 18 
 Vict. c. 86, s. 4), as also may they if they abscond from the 
 person under whose charge they are placed by the managers 
 (20 & 21 Vict. c. 55, s. 13). And persons withdrawing them 
 or inducing them to abscond from a reformatory school, 
 before they are regularly discharged, are liable to a penalty 
 • not exceeding 5?. (19 & 20 Vict. c. 109, s. 9) 60 ; and so 
 are persons who harbour a person so absconding (20 & 21 
 Vict. c. 55, s. 14). 
 
 Fonns.]— The 19 & 20 Vict. c. 109 (s. 11) gives the forms for use Forms, 
 under the several acts 6L 
 
 Sect. VT. Of ENroRCiNO Convictions and Orders, 
 AND Costs. 
 
 We will now proceed to show how the statute 11 & 12 Vict. 
 c. 4.3, provides for enforcing each particular judgment of the 
 justices, and as to the costs, that being now the only act regu- 
 lating the latter, first prefixing some general observations. 
 
 The provisions of the stat. 11 & 12 Vict. c. 43, as to objec- 
 tions to the form of an information, summons, or warrant, are 
 not at all applicable to warrants of commitment or distress to 
 be treated of in this section, and therefore the decisions made 
 before that statute must still be considered. 
 
 In reference to the time when fines are enforceable, there is Time within 
 no general law or statute limiting the time for issuing execntion wh'ch fines are 
 upon a summary conviction of justices; and it may be ques- 
 tionable whether, where the convicting justice is dead, s. 29 of 
 11 & 12 Vict. c. 43, p. 166, will authoiize its being enforced. 
 But whenever any statute under which it is sought to issue a 
 warrant prescribes a time, or requires it to be 'MiMeA forthwith 
 or therevpon, or uses any equivalent word, no warrant should 
 be issued where a considerable time has elapsed from the time 
 of conviction. 
 
 60 ^irfe title " Reformatory Schools," Chap. 2 of this Part, pos<. 
 
 61 These forms were drawn by the compiler of this work. They will be 
 found in Oke's " FormuUst," 2nd cd., as before stated. 
 
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166 
 
 Summary Convictions and Orders. [part i. 
 
 Mandamus for 
 enforcing sum- 
 mary convic- 
 tion dis- 
 cretionary. 
 
 Jurisdiction of 
 justices of ad- 
 joining or de- 
 tached parts of 
 counties. 
 
 One justice 
 may enforce all 
 convictions and 
 orders. 
 
 Of the form of 
 the commit- 
 , ment to prison. 
 
 The court has a discretion as to granting a writ oi mandamus 
 commanding justices to issue a warrant for enforcing the pu- 
 nishment of a person summarily convicted before them 1. 
 
 The reader is referred to the observations, ante, p. 10, &e., as 
 to the jurisdiction of justices of two or more adjoining counties, 
 or acting for detached parts of other counties, where they may 
 act, &c., which is equally applicable here. Further, it may be 
 observed, that the commitment of an offender to prison, in the 
 case of a conviction before justices of two adjoining counties, 
 must be to the gaol of the county where the offence was com- 
 mitted, as in ordinary cases ; but in the case of county justices, 
 acting for a detached part of another county, it should be to the 
 gaol of the county for which the justices are in commission, but 
 directed to the constable of the parish of such detached part 
 where the offence happened. 
 
 By 11 & 12 Vict. c. 43, s. 29, it is enacted {inter alia), 
 — " that after the case shall have been so heard and determined, 
 one justice may issue all warrants of distress or commitment 
 thereon ; and it shall ni^t be necessary that the justice who so 
 acts after such hearing shall be the justice or one of the jus- 
 tices by whom the said case shall be heard and determined." 
 
 It must be observed generally, that the penialty, costs of con- 
 viction, and conveyance to gaol, or term and manner of impri- 
 sonment to be enforced or imposed, is such as the statute upon 
 which the conviction or order is founded (or except in the cases 
 to which s. 22 of 11 & 12 Vict. c. 43, applies) directs, and the 
 same as previously adjudged by the convicting justice or juSr 
 tices, and no greater or other can be enforced than that which 
 formed the original adjudication upon the information or com- 
 plaint. 
 
 As to commitments for a second or subsequent offence, or 
 for a consecutive period, vide ante, pp. 142, 143, and forms 
 Nos. 59 and 59 a, Oke's " Formulist," 2nd ed., pp. 51, 52. 
 
 The warrant of commitment, whether for an absolute term of 
 imprisonment, in default of payment of a penalty, or in default 
 of distress for same, — must in all cases be in writing 3; but a 
 verbal order to detain a defendant until it is made out will be 
 sufficient. The cause of the commitment must be stated with 
 
 1 Ex parte Robert Thomas, 16 L. J. (N. S.) M. C. 57: Paley, 4th ed., pp. 
 265,256. ' 3> 
 
 2 2 Hawk. c. 16, s. 13, p. 179, 8th edit by Garwood j SutcUn$oti v. 
 Zoumdes, 4 B. & Ad. 118. 
 
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CHAP. 1.] Sect. 6. Enforcmg Convictions, ^c. 167 
 
 clearness, and it must be shown that the complaint was one 
 over which the justice had jurisdictions; and it must slate 
 specifically that the defendant was convicted of the oflFence, 
 which fact must not be left to inference 4. So, too, there must 
 be no ambiguity in the description of the offence, but it must 
 be stated with certainty, as has already been referred to under 
 the section relating to the information ; and it must correspond 
 with the conviction in every material particular, for if it show 
 an offence of a different nature, or the terms of the adjudication 
 be not the same, it will be bad 5 ; and it must be precise as 
 to the time and manner of the defendant's imprisonment, and 
 of the conditions of his discharge 6, for if it be bad in part, it 
 is in most instances bad in toto (Paley, 4th ed., p. 289). The 
 forms of commitment in the 11 & 12 Vict. c. 43, seem to be 
 sufficient in all cases of summary conviction 7. 
 
 .It may here be observed, that by some acts of parliament, as Provisions as 
 the 7 & 8 Geo. 4, c. 29, s. 73 ; c. 30, s. 39 ; 9 Geo. 4, o. 31, J^,™'^-,;^. 
 s. 36 ; 1 & 2 Will. 4, c. 32, s. 45, and 18 & 19 Vict. c. 126, s. 13, void for de- 
 it is provided that no warrant of cora'mitment shall be held '*'''^* 
 void by reason of any defect therein, provided it be therein 
 alleged that the party has been convicted, and there be a good 
 and valid conviction to sustain the same ; but it will be observed 
 from the above, that the commitment must not differ from the 
 conviction. There is no general enactment upon the subject, 
 and a good conviction will not help a bad warrant, where the 
 statute providing for the proceedings does not contain such 
 a clsMse {Wiches.v. Clutterbuck, 2 Bing. 483). In Reg. v. 
 Bichards and others, 5 Ad. & E. (N. S.) 926, it was admitted 
 in argument that a justice may substitute at the prison a good 
 warrant of commitment for a defective one (see Re Walker and 
 others, 1 New Sess. Gas. 182) ; but it is said this point was 
 decided upon the authority of Elmy and Sawyer's Case, 1 Ad. 
 & Ell. 843 ; 3 Nev. & M. 733, S. C., which does not bear it 
 
 3 R. V. King, 13 L. J., M. C. 43 ; Johnson v. Reid, 6 M. & W. 124 ; R. v. 
 Chaney, 6 Dowl. 281 ; Re Peerless, 1 Q. B. 143 ; 1 Ad. & E. (N. S.) 143. 
 
 4 R. V. Rhodes, 4 T. K, 220 ; R. v. Cooper, 6 T. R. 509. 
 
 5 Rogers V. Jones, 3 B. & C. 409 ; 5 U. & Ry. 268 ; Wood V. Fenwick, 10 
 M. & W. 195 ; Daniell v. Phillips, 1 Cr., M. & R. 662 ; Charter v. Greame 
 and another, 18 L. J. (N. S.) M. C. 73 ; Leary v. Pattrick, 19 L. J. (N. S.) 
 M. C. 211 ; 15 Q. B. 266 ; 14 J. P. 334. 
 
 6 Groome v. Forrester, 5 M. & S. 314; and other cases cited in Paley, 
 4th ed., p. 285. 
 
 7 Ex parte Allison, 24 L. J. (N. S.) M. C. 73 j 24 Law T. 117 ! 18 J. P. 
 746; Eggingtm v. Mayor, ^c, of UchfieU, 24 L. J. (K. S.) Q. B. 360; 19 
 J. Ct 819. 
 
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168 
 
 Summary Convictions and Orders. [part i. 
 
 Time from 
 which the im- 
 prisonment 
 runs. 
 
 When commit- 
 ment'can be 
 executed. 
 
 Where several 
 offenders, a se- 
 parate commit- 
 ment is re- 
 commended. 
 
 out ; see also Reg. v. Walker and others, 8 J. P. 534 ; and 
 Baniel v. Phillips, 1 Cr., M. & R. 662; Paley, 4th ed., p. 
 280—284. Recently, however, in Ex parte Cross 8, the case 
 of Reg, V. Richards was confirmed, and it was held, that a 
 second warrant was a good answer to a rule for a habeas 
 corpus. 
 
 In Fletcher's Case (13 L. J., M. C.ie ; 1 D. & L. 726; 8 
 J. P. 168), it was decided that the warrant of commitment 
 having omitted the date when it was granted, the imprisonment 
 was held illegal, for it was uncertain when it should commence; 
 but in Re Bawdier (12 Q. B. 612, 619 ; 12 J. P; 709 ; 17 
 L. J. (N. S.) Q. B. 245), this case was overruled on this 
 point, and the imprisonment held to run from the time of the 
 defendant being arrested under the commitment, and not from 
 the date of it or the conviction 9. 
 
 A warrant of commitment for the nonpayment of a fine or 
 penalty cannot be executed on a Sunday 10; but the warrant 
 remains in force until executed, and it may be backed (11 & 12 
 Vict. c. 43, s. 3). If the defendant escapes from the constable 
 on his road to the gaol, he may be retaken on a Sunday; for it 
 doubtless would be held to include a breach of the peace, and 
 an arrest on Sunday would therefore be lawful under 29 Car. 
 2, c. 7, s. 6. 
 
 The observations at pp. 144, 145, should be considered when 
 granting a warrant of commitment against several offenders. 
 Stiictly, there should be a separate commitment for each de- 
 fendant where more than one is convicted upon a joint or several 
 offence, or where they are not all sent to gaol on the same day, 
 as well as where the punishment is different to each. It might 
 recite that A. B. was convicted, " for that he the said A. B., 
 together with C. D. and another, or others," did so and so, 
 
 8 26 L. J. (N. S.) M. C. 201 ; 21 J. P. 407 ; where a writ ol habeas corpns 
 was granted to bring up a prisoner convicted under the Vagrant Act, for a 
 defectin the commitment, and tlie writ proved abortive, and then a new 
 commitment was delivered to the gaoler, and subsequently a rule nisi was 
 granted for another writ of habeas corpus, the fact of the second commitment 
 disclosed upon affidavit, as it would have been a good return to the writ, 
 was an answer to the rule, and the rule was accordingly discharged. 
 
 9 See also Exparte Foulkes, 15 M. & W. 612 ; 15 L. J. (N. S.) Exch.SOO; 
 11 J.P.728i iraAam V, Jo.vce, 19 L.J. (N.S.) M.C. 21: 4Exch.487ill 
 J. P. 39 ! Hayes v. Keene, 21 L. J. (N. S.) C. P. 204; 16 J. P. 409; May- 
 hew V. Pjirker, 8 T. R. 110 ; referred to at 20 J. P. 689, 690 ; Paley, 4th ed., 
 p. 276. 
 
 10 R. V. Myers, 1 T. R. 265; Ex parte Eggington, 2 El. & Bl. 717; 23 
 L. i. (N. S.) Q. B. 41 J S. C, 18 J. P. 165 ; Paley, 4th ed., p. 292. 
 
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CHAP. I.] Sect. 6. Enforcing Convictions, ^c. 1"^ 
 
 "and it was thereby adjudged that the said A. B. for his said 
 offence should," &c., and then proceed in the same way as if 
 A. B. were the only person convicted. 
 
 On payment of the amount mentioned in a warrant of com- Discharge of 
 mitment or distress, with the expenses, the constable must cease pL^^ent of" 
 to execute it (ss. 28, 31); but after committal to prison the sum adjudged 
 same must be paid to the gaoler, who will discharge the de- °' otherwise, 
 fendant, if he be in his custody for no other matter (s. 28), 
 such as under a commitment for a consecutive period for 
 another offence, &c. There seems, however, no objection, where 
 more convenient, to the committing justice or the clerk receiving 
 the amount after committal ; in which latter case the justice 
 should issue a liberate or discharge to the gaoler, stating that 
 the condition of the commitment has been complied with 11 ; — 
 on no other ground can a justice order a person committed to 
 prison on a summary conviction to be liberated (except where 
 the particular statute authorizes it, as 7 & 8 Geo. 4, c. 29, s. 
 68; c. 30, s. 34, where the justice convicting may discharge 
 the offender from his conviction on making satisfaction to the 
 party aggrieved for damages and costs, or either of them, with- 
 out payment of the fine adjudged), even in cases where he has 
 by mistake committed for a longer period than the statute au- 
 thoiized, or disproportionate to the penalty, &c. : in such cases 
 the home secretary of state has authorized the prisoner's libe- 
 ration from gaol. No portion less than the whole amount No power to 
 
 adjudged to be paid should be received, nor by instalments, as *^^^ penalties 
 „„ „ u • • L , 1 ■ . hy instalments, 
 
 no such power is given by any acts relating to the summary 
 
 jurisdiction, for if it becomes necessary to issne the commitment, 
 what has been received must be refunded to the defendant (see 
 Stone's Manual, 6th ed., p. 280; 1 Burn's Just. 29th ed., p. 
 787). 
 
 Some doubts have arisen whether a distress warrant or com- No demand of 
 mitment could issue forthwith upon a conviction being made penalty neces- 
 where the defendant did not appear on the hearing and deter- S^gh'* ""' 
 mination of the case, without a demand being first made of the 
 amount of penalty, &c. ; but as the present statute, 11 & 12 
 Vict. c. 43, contains no provision on the subject, except as re- 
 quiring a copy of the minute of an Order to be first served 
 (s. 17, ante, p. 148), it appears clear that no such demand 
 is necessary upon a conviction, and an ex parte hearing being 
 
 11 Fide form of liberate, No. 72, p. 59, 2nd ed. of Oke's " Formulist." 
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170 
 
 Summary Convictions and Orders. [part i. 
 
 Where time is 
 given, proof of 
 nonpayment. 
 
 allowed in all cases 13 ; neither is notice of the conviction ne- 
 cessary when it takes place in the defendant's absence. 
 
 Where time is given for the payment of a penalty, &c., an 
 oath would be advisable to be made by the constable of the 
 nonpayment, before issuing the commitment or distress warrant. 
 
 1. Enforcing Convictions on Informations, p. 170. 
 
 2. Detention of Juveniles in Meformatories, p. 181. 
 
 3. Enforcing Orders on Complaints, p. 181. 
 
 4. Enforcing Costs on Dismissal, p. 186. 
 
 5. Enforcing Costs of Conveyance to Gaol, p. 186. 
 
 is adjudged) 
 
 1. Enforcing Convictions on Informations. 
 The several forms of Convictions set out ante, pp. 152, 153, 
 are: — 1. Where imprisonment only is adjudged (I 3); 2. 
 Where imprisonment in default of payment of a penalty (I 2); 
 and 3. Where such penalty is to be levied by distress (I 1), 
 and we will treat of them in this order. 
 Where Im- In the case of absolute imprisonment being adjudged for 
 
 prisonment only the ofFence, as no time is given, the defendant should be 
 ordered into the custody of some constable immediately on 
 conviction. Sect. 24 of the 11 & 12 Vict. c. 43, provides for 
 these cases by enacting, — that where a conviction does not order 
 the payment of any penalty, but that the defendant be impri- 
 soned, or imprisoned and kept' to hard labour,_/or his offence, 
 — or where an order is not for the payment of money, but for 
 the doing of some other acts, and directs that in case of the 
 defendant's neglect or refusal to do such act, he shall be impri- 
 soned, or imprisoned and kept to hard labour, and the defend- 
 ant neglects or refuses to do such act, — in every such case, it 
 shall be lawful for such justice or justices making such con- 
 viction or order, — or for some other justice of the peace for the 
 same county, riding, division, liberty, city, borough or place, — 
 to issue his or their warrant of commitment (P 1, post, p. 172), 
 under his or their hand and seal or hands and seals, and re- 
 quiring the constable or constables to whom the same shall be 
 directed to take and convey such defendant to the house of 
 
 defendant to 
 be committed 
 forthwith. 
 
 12 Ex parte Edwards, 8 D. & Ry. 115 j Wooton v. Harvey, 6 East, 79; 
 Barnes v. White, 1 New Sess. Cas. 504 ; 1 C. B. 192, 205, 210 i and other 
 cases in Paley, 4th ed., pp. 255, 256. 
 
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CHAP. I.] Sect. 6. Enforcing Convictions, <J-c. I'l 
 
 correction or common gaol for the same county, riding, divi- H & ^^^^'^ 
 
 sion, liberty, city, borough or place, as the case may be, and '. — '. 
 
 there to deliver him to the'keeper thereof, and requiring such 
 keeper to receive such defendant into such house of correction 
 or gaol, and there to imprison him, or to imprison him and 
 keep him to hard labour, as the case may be,/or such time as 
 the statute on which such convirtion or order is founded as 
 aforesaid shall direct ; — and in all such cases, where by such 
 conviction or order any sum for costs shall be adjudged to be paid Costs to be 
 by the defendant to the prosecutor or complainant, such sum jately/^""^" 
 may, if the justice or justices shall think fit, be levied by war- 
 rant of distress (P 3, post, p. 172), in manner aforesaid 3 
 and in default of distress the defendant may, if such justice or 
 justices shall tliink fit, be committed (P 5, post, p. 173), to the 
 same house of correction or common gaol in manner aforesaid, and in default 
 there to be imprisoned for any time not exceeding one calendar 
 mouth, to commence at the termination of the imprisonment he 
 shall then be undergoing 3, unless such sum for costs, and all 
 costs and charges of the said distress, and also the costs and 
 charges of the commitment and conveying of the defendant to 
 prison 4, if such justice or justices shall think fit so to order, 
 shall be sooner paid." 
 
 If the defendant at the time of conviction confess he has Defendant may 
 no goods, or that fact appears to the justice or justices, or that be committed 
 the distress for the costs would be ruinous to him, as provided the costs, 
 by the 19th section (post, p. 175), he may be committed forth- 
 with for the additional term for these costs without issuing the 
 distress warrant : the form of conviction (I 3, ante, p. 153), it 
 will be seen, providing for such an event, and is a sufficient au- 
 thority for such a committal, but it should be by a separate 
 warrant of commitment. Vide form, Oke's " Formalist," 2nd 
 ed., No. 61, p. 46. 
 
 2 See post, o. 19, p. 175. 
 
 3 The defendant may be out of prison before the distress warrant for 
 these costs is returned, and he could not then be committed for them. 
 Why not have included the costs in the commitment for the offence, and 
 inserted an additional imprisonment on nonpayment ? It revives a portion 
 of the inconvenient practice of the 18 Geo. 3, c. 19, now repealed. 
 
 4 Upon the commitment for the offence it is presumed is meant here, 
 because, the defendant, being in gaol undergoing imprisonme^jt, there would 
 be but that conveyance ; for by note 3 he could not be conveyed to prison 
 for the costs after the termination of the imprisonment for the offence. 
 However, the expenses can be recovered under 3 Jac. 1, c. 10, post, p. 186. 
 
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172 
 
 Summary Convictions and Orders, [part i. 
 
 11 & 12 Vict. 
 
 c. 43. 
 
 (PI) Commit- 
 ment where 
 imprisonment 
 only is ad- 
 judged. 
 
 Forms. 
 
 To the constable of , and to the keeper of the \house of cor- 
 
 rectioniat in the said [eounti/] of . 
 
 Whereas A. B., late of , [lahourer^, was this day duly con- 
 victed before the undersigned, [one] of her Majesty's justices of the 
 
 peace in and for the said [county] of , for that [stating the offence 
 
 as in the conviction], and it was thereby adjudged that the said A. B. 
 for his said offence should be imprisoned in the [hotise ofcorrectUm] 
 
 at , in the said county, [and there kept to hard labour] for the 
 
 space of : These are therefore to command you the said constable 
 
 of to take the said A. B., and him safely to convey to the [hme 
 
 of correction] at aforesaid, and there to deliver him to the keeper 
 
 thereof, together with this precept : and I do hereby command you 
 the said keeper of the said [house of correction] to receive the said 
 A. B. into your custody in the said [house of correction], there to im- 
 prison him [and keep him to hard labour] for the space of ; and 
 
 for your so doing this shall be your sufficient warrant. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our Lord , at , in the [counts/] aforesaid. 
 
 J. S. (l.s.) 
 
 (P 3) Warrant 
 of distress for 
 the costs. 
 
 To the constable of , and to all other peace officers in the 
 
 said [county] of — -. 
 Whereas A. B., of , [labourer], was on last past duly con- 
 victed before the undersigned, [one] of her Majesty's justices of the 
 peace in and for the said [county], for that [stating the offence as in 
 the conviction], and it was thereby adjudged that the said A. B. for 
 his said offence should be imprisoned in the [_house of correction] at 
 
 in the said county [and there kept to hard labour] for the space 
 
 of ; and it was also thereby adjudged that the said A. B. should 
 
 pay to the said C. D. the sum of for his costs in that behalf; and 
 
 it was thereby ordered, that if the said sum of for costs should 
 
 not be paid [forthwith] the same should be levied by distress and sale 
 of the goods and chattels of the said A. B. ; [and it was adjudged that 
 in default of sufficient distress in that behalf, the said A. B. should be 
 imprisoned in the said [house of correction, and there kept to hard 
 labour], for the space of , to commence at and from the termi- 
 nation of his imprisonment aforesaid, unless the said sum for costs, 
 and all costs and charges of the said distress and of the commitment 
 and conveying of the said A. B. to the said [house of correction], 
 should be sooner paid : And whereas the said A. B., being so con- 
 victed as aforesaid, and being required to pay the said sum of for 
 
 costs, hath not paid the same or any part thereof, but therein hath 
 made default:* These are therefore to command you, in her Majesty's 
 name, forthwith to make distress of the goods and chattels of the said 
 
 A. B. ; and if, within the space of days next after the making of 
 
 such distress, the said last-mentioned sum, together with the reasonable 
 charges of taking and keeping the said distrpss, shall riot be paid, that 
 then you do sell the said goods and chattels so by you distrained, and 
 do pay the Iftoney arising from such sale to , the clerk of the jus- 
 tices of the peace -for the division of , in the said [county], that 
 
 he may pay the same as by law directed, and may render the surplus 
 (if any), on demand to the said A. B., and if no such distress can be 
 
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CHAP. I.] Sect. 6. Enforcing Convictions, ^c. 173 
 
 found, then that you certify the same unto me, to the end that such 11 & 12 Vict, 
 proceedings may be had tlierein as to the law doth appertain. "' ™' 
 
 Given under ray hand and seal, this day of , in the year 
 
 of our lord , at , in the [county] aforesaid. 
 
 J. S. (l.s.) 
 
 (Vide Forms (N 3) and (N 4), ante, p. 135, for the indorsement to ex- 
 ecute in another jurisdiction, and constable's return of no effects.) 
 
 To the constable of , and to the keeper of the [fiouse of cor- (P 5) Commit- 
 
 rection] at , in the said [county] of . ment for want 
 
 Whereas &c. [as in (P 3), or, where an order, as (P i), post, of distress. 
 to the asterisk (*), and then thus"] : And whereas afterwards, on the 
 
 day of , in the year aforesaid, I the said J. S. issued a 
 
 warrant to the constable of , commanding him to levy the said 
 
 sum of for costs by distress and sale of the goods and chattels of 
 
 the said A. B. : And whereas it appears to me, as well by the return 
 of the said constable to the said wai'rant of distress as otherwise, that 
 the said constable hath made diligent search for the goods and chattels 
 of the said A. B., but that no sufficient distress whereon to levy the 
 sum above mentioned could be found : These are therefore to com- 
 mand you the said constable of to take the said A. B., and hinx 
 
 safely to convey to the said [house of correction] at aforesaid, 
 
 and there deliver him to the keeper thereof, together with this pre- 
 cept; and I do hereby command you the said keeper of the said 
 [house of correction] to receive the said A. B. into your custody in 
 the said [house of correction], there to imprison him [and keep him to 
 
 hard labour] for the space of , unless the said sum, and all costs 
 
 and charges of the said distress [and of the commitment and conveying 
 of the said A. B. to the said house of correction], amounting to the 
 
 further sum of , shall be sooner paid unto you the said keeper ; 
 
 and for your so doing this shall be your sufficient warrant. 
 Given [&c. as (P 3), supra]. 
 
 Sect. 23 enacts, — "That in all cases where the statute— by where im- 
 \irtue of which a conviction for a penalty or compensation, or pp^"""'"/ '" 
 
 •'.. , . default of pay- 
 
 an order for the payment of money is made, — makes no provi- ment of a 
 sion for such penalty or compensation or sum being levied by penalty. 
 distress, but directs that if the same be not paid forthwith, or 
 within a certain time therein mentioned, or to be mentioned in 
 Buch conviction or order, the defendant shall be imprisoned, or 
 imprisoned and kept to hard labour, for a certain time, unless 
 such penalty, compensation or sum shall be sooner paid,— in 
 every such case such penalty, compensation or sum shall not 
 be levied by distress ; — but if the defendant do not pay the 
 same, together with costs, if awarded, forthwith, or at the time 
 specified in such conviction or order for the payment of the 
 same, it shall be lawful for the justice or justices making such 
 conviction or order,— or for any other justice of the peace for 
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174 
 
 Summary Convictions and Orders. 
 
 [part I. 
 
 Defendant to the Bame county, riding, division, liberty, city, borough or 
 in the first in- P^^ce, — to issue his or their warrant of commitment ( (O 1), 
 stance, or after infra), under bis or their band and seal or bands and seals, 
 ■ requiring the constable or constables to whom the same' shall 
 be directed to take and convey such defendant to the house 
 of correction or common gaol for the county, riding, divi- 
 sion, liberty, city, borough or place aforesaid^ as the case 
 may be, and there to deliver him to the keeper thereof, and 
 requiring such keeper to receive such defendant into such 
 house of correction or gaol, and there to imprison him, or to 
 imprison him and keep him to hard labour, as the case may be, 
 for such time as Ihe statute on which such conviction or order 
 is founded as aforesaid shall direct, unless the sum or sums 
 adjudged to be paid, and also the costs and charges of taking 
 and conveying the defendant to prison, if such justice or justices 
 shall think fit so to order, shall be sooner paid." 
 
 PORM. 
 
 (O 1) Commit- 
 ment im- 
 mediate or 
 after time 
 given. 
 
 To the constable of , and to the keeper of the [house of cor- 
 rection'] at , in the said \countif\ of — — . 
 
 Whereas A. B., late of , \labourer], was on this day duly con- 
 victed before the undersigned, \one~\ of her Majesty's justices of the 
 peace in and for the said \county'\, for that [stating the offence as in 
 the conviction'] ; and it was thereby adjudged that the said A. B. for 
 
 his said offence should forfeit and pay the sum of [^c. as in the 
 
 conviction'], and should pay to the said C. D. the sum of for his 
 
 costs in that behalf; and it was thereby further adjudged, that if the 
 said several sums should not be paid [fortJtwith], the said A. B. 
 
 should be imprisoned in the [house of correction] at , in the said 
 
 [county], [and there kept to hard labour'] for the space of , unless 
 
 the said several sums [and the costs and charges of conveying the said 
 A. B. to the said house of correction], should be sooner paid; And 
 whereas the time in and by the sail conviction appointed for the pay- 
 ment of the said several suras hath elapsed, but the said A. B. hath 
 not paid the same or any part thereof, but therein hath made default : 
 
 These are therefore to command you the said constable of to take 
 
 the said A. B. and him safely to convey to the [house of correction] at 
 
 • aforesaid, and there to deliver him to the keeper thereof, together 
 
 with this precept ; and I do hereby command you the said keeper of 
 the said [house of correction'] to receive the said A. B. into your cus- 
 tody in the said [house of correction], there to imprison him [and keep 
 
 him to hard labour] for the space of , unless the said sevetal sums 
 
 [and the costs and charges of conveying him to the said [house of cor- 
 rection] amounting to the further sum of ] shall be soonei- paid; 
 
 and for your so doing this shall be your sufficient warrant. 
 
 Given [&c. as (P 3), ante, p. 173]. 
 
 {Vide forms of commitment for a consecutive period, or for a second 
 offence, Nos. 59, 59 a, pp. 51, 52, Oke's Magis. " Formulist.") 
 
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175 
 
 CHAP. I.] Sect. 6. Enforcing Convictions, S^c. 
 
 Sect. 19 provides,— "that where a conviction adjudges a pe- ^^^^^^^^^^ .^ 
 cuniary penaUy or compensation to be paid,— or where an f^^,, i^'^edby 
 order requires the payment of a sum of money,-and, by distress, 
 the statute authorizing such conviction or order, such penalty, 
 compensation or sum of money is to be levied upon the goods 
 and chattels of the defendant by distress and sale thereof,— 
 and also in cases where by the statute in that behalf no mode 
 of raising or levying such penalty, compensation or sum of 
 money, or of enforcing the payment of the same, is stated or 
 provided 5~it shall be lawful for the justice or justices 
 making such conviction or order,— or for any justice of the 
 peace for the same county, riding, division, liberty, city, bo- 
 rough or place,— to issue his or their warrant of distress (N 1), 
 
 vast. p. 178, for the purposes of levying the same,— which —distress 
 i^ ' r ' ',,,,... J .VI J warrant to 
 
 said warrant of distress shall be m wntmg under the hand j^^^g^ 
 
 and seal of the justice making the same ;— and if after delivery 
 of such warrant of. distress to the constable or constables, to 
 whom the same shall have been directed to be executed, suffi- 
 cient distress shall not be found within the limits of the juris- 
 diction of the justice granting such warrant, then, upon proof 
 alone being made on oath of the handwriting of the justice 
 granting such warrant before any justice of any other county 
 or place, such justice of such other county or place shall 
 thereupon make an indorsement ( (N 3), ante, p. 135) on such — which may 
 warrant, signed with his hand, authorizing the execution of °^ oacked. 
 such warrant within the limits of his jurisdiction, — by virtue of 
 which said warrant and indorsement the penalty or sum afore- 
 said, and costs, — or so much thereof as may not have been before 
 levied or paid,— shall and may be levied by the person bringing 
 such warrant, or by the person or persons to whom such war- 
 rant was originally directed, or by any constable or other peacg 
 officer of such last-mentioned county or place, by distress and 
 sale of the goods and chattels of the defendant in such other 
 county or place : — 
 
 Provided always, that whenever it shall appear to any jus- But where 
 tice of the peace to whom application shall be made for any distress would 
 such warrant of distress as aforesaid, that the issuing thereof defendant has 
 would be ruinous to the defendant and his family, — or where- no goods, de- 
 ever it shall appear to such justice, by the confession of the commUted^at 
 once. 
 
 5 yide note 11, post, p. 180, as to the power of justices to commit in de- 
 fault of distress in these cases under s. 22, where the mode of recovering 
 the penalty, &o., is not provided in the particular statute to be by distress. 
 
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176 
 
 Summary Convictions and Orders. [part i. 
 
 11 & 12 Vict, 
 c. 43. 
 
 Power to sell 
 goods levied 
 on, doubted. 
 
 Commitment 
 or security un- 
 til return of 
 distress war- 
 rant. 
 
 defendant or otherwise, that he hath no goods or chattels 
 whereon to levy such distress, — then and in every su'ch case it 
 shall be lawful for such justice, if he shall deem it fit, instead 
 of issuing such wari'ant of distress, to commit such defendant 
 to the house of correction, or if there be no house of correction 
 ■within his jurisdiction then to the common gaol, there to be 
 imprisoned, with or without hard labour,/or such time and in 
 such manner as by law such defendant might be so committed 
 in case such warrant of distress had issued, and no goods or 
 chattels could be found whereon to levy such penalty or sum 
 and costs aforesaid 6. 
 
 It was at first doubted whether, as the 27 Geo. 2, c. 20, s. 1, 
 authorizing distresses for penalties, &c. on justices' warrants, is 
 repealed by 11 & 12 Vict. c. 43, s. 36, a sale of goods distrained 
 could now take place, as the latter statute does not authorize a 
 sale (12 J. P. 830, 834 ; 13 J. P. 15) ; but on reference to the 
 forms, which are to be deemed " good, valid and sufficient in 
 law," the constable is authorized to sell; independently of 
 this, in Paley on Conv., 4th ed., p. 264, it is said, that " it is 
 fully settled, that by the words in an act of parliament, 
 authorizing the penalty ' to be levied by distress/ is to be under- 
 stood distress and sale." 
 
 Sect. 20 enacts, — " that in all cases where a justice of the 
 peace shall issue any such warrant of distress, it shall be lawful 
 for him to suffer the defendant to go at large,— or verbally or by 
 a written warrant in that behalf, to order the defendant to be 
 tept and detained in safe custody until return shall be made to 
 such warrant of distress, unless such defendant shall give suf- 
 ficient security, by recognizance or otherwise 7, to the satis- 
 faction of such justice, for his appearance before him at the 
 time and place appointed for the return of such warrant of dis- 
 tress, or before such other justice or justices for the same 
 county, riding, division, liberty, city, borough or place, as may 
 
 6 No form of commitment on confession of no goods by the defendant, 
 or where the distress would be ruinous, is in the 11 & 12 Vict. c. 43, but 
 one is given in Oke's " Formulist," 2nd ed., p. 49, No. 54. The repealed 
 act, S Geo. 4, c. 18, s. 4, required a consent in writing from the defendant 
 for his committal under such circumstances, but this is not now necessary. 
 
 7 The order to detain, no form being given by the 11 & 12 Vict. c. 43, 
 may be embodied in the warrant of distress. There is no limitation in that 
 statute of the time for making the return, as by the repealed statute 27 
 Geo. 2, c. 20, s. 1, which required it to be not less than four nor more 
 than eight days, and therefore that is in the discretion of the justice or jus- 
 tices making the warrant. The form of recognizance will be found in Oke's 
 " Formulist," 2nd ed., p. 50, No. 55. 
 
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ners defend- 
 ants. 
 
 CHAP. I.] Sect. 6. Enforcing Convictions, Sfc. 177 
 
 . then be there. Then follows a proviso for estreating the H & 12 Vict. 
 
 recognizance, on nonappearance, precisely similar to that '- — '- 
 
 ante, p. 119. 
 
 Where an ofiender is convicted in one penalty, under a statute Defendant not 
 providing a corporal punishment on failure of sufficient distress, ^ ^^ ^^g 
 and has effects sufficient only to satisfy part, it has been held conviction, 
 that the goods ought not to be taken, but the corporal punish- 
 ment should be resorted to. If, however, the same person be 
 separately convicted in two penalties, and his goods are suffi- 
 cient to satisfy one only, they ought to be levied under one 
 conviction, and the corporal punishment should be inflicted for 
 the other ; but the law never intended that a man should suffer 
 both punishments for one conviction 8. 
 
 If the penalty be recoverable by distress against offenders Effects of part- 
 who are partners, the constable may, it is conceived, seize both 
 the joint and separate effects, or either, as on a levy by the 
 sheriff, each party being answerable for the whole, and not 
 merely for a proportionate part {Abbott v. Smith, 2 Wm. Bla. 
 947). 
 
 It has been decided by the Court of Exchequer (George y. Defendant 
 Chambers, 12 L. J. (N. S.) M. C. 95) that replevin will lie "*y replevy, 
 for goods taken under a distress warrant founded on a convic- 
 tion (see Paley, 4tii ed. pp. 263, 264). 
 
 If a feme covert be found guilty of an offence, and the Feme covert. 
 penalty is authorized to be recovered by distress and sale of the 
 offender's goods, she must undergo the imprisonment awarded, 
 as the penalty, &c. cannot be levied on the goods of the hus- 
 band (17 Co. 61 b ; Paley, 4th ed. p. 260). 
 
 11 & 12 Vict. c. 43, s. 21 enacts,—" that if at the time and In default of 
 place appointed for the return of any such warrant of distress ^"^Scient dis- 
 the constable who shall have had the execution of the same toTe com- *"* 
 shall return ( (N 4), ante, p. 135), that he could find no goods '"'"«'^- 
 or chattels, or no sufficient goods or chattels, whereon he could 
 levy the sum or sums therein mentioned, together with the 
 costs of or occasioned by the levying of the same,— it shall be 
 lawful for the justices of the peace before whom the same shall 
 be returned to issue his warrant of commitment (form (N 5), 
 p. 179) under his hand and seal, directed to the same or any 
 other constable, reciting the conviction or order shortly, the ' 
 
 8 See R. V. Wyatt, 2 Ld. Raym. 1195 ; S. C, Fort. 132; 11 Mod. 54- 1 
 Burn's Jus., 29th ed., 792, 787 ; Paley, 4th ed., p. 274. 
 
 O.S. „ 
 
 Digitized by Microsoft® ■'^ 
 
178 Summary Convictions and Orders. [part i. 
 
 11 & 12 Vict, issuing of the warrant of distress, and the return thereto, and 
 "• requiring such constable to convey such defendant to the house 
 
 of correction, or if there be no house of correction then to the 
 common gaol of the county, riding, division, liberty, city, 
 borough or place, for which such justice shall then be acting, 
 and there to deliver him to the keeper thereof, and requiring 
 such keeper to receive the defendant into such house of correction 
 or gaol, and there to imprison him, or to imprison him and keep 
 him to hard labour, in such manner and for such time as shall 
 have been directed and appointed by the statute on which the 
 conviction or order mentioned in such warrant of distress was 
 founded, unless the sum or sums adjudged to be paid, and all 
 costs and charges of the distress, and also the costs and charges 
 of the commitment and conveying of the defendant to prison, 
 if such justice shall think fit so to order (the amount thereof 
 being ascertained and stated in such commitment), shall be 
 sooner paid." 
 
 (N 1) Distress To tlie constable of , and to all other peace officers in the said 
 
 warrant. Icounty'] of . 
 
 Whereas A. B., late of , \labourer\ was on this day [or "on 
 
 last past"] duly convicted before the undersigned, [one] of her 
 
 Majesty's justices of the peace in and for the said [county] of , for 
 
 that [stating the offence as in the cotwiction~\, and it was thereby ad- 
 judged that the said A. B. should for such his offence forfeit and pay 
 [^c. as in the conviction], and should also pay to the said C. D. the 
 
 sum of for his costs in that behalf; and it was thereby ordered 
 
 that if the said several sums should not be paid [Jorthioith] the same 
 should be levied by distress and sale of the goods and chattels of the 
 said A. B. : and it was thereby also adjudged that in default of suffi- 
 cient distress the said A. B. should be imprisoned in the [house of cor- 
 rection] at , in the said county [and there kept to hard labour] 
 
 for the space of , unless the said several sums, and all costs and 
 
 charges of the said distress, and of the commitment and conveying of 
 the said A. B. to the said \ house of correction], should be sooner paid: 
 And whereas the said A. B., being so convicted as aforesaid, and being 
 
 [now] required to pay the said sums of and , hath not paid 
 
 the same or any part thereof, but therein hath made default: These 
 are therefore to command you, in her Majesty's name, forthwith to 
 make distress of the goods and chattels of the said A. B. ; and if within 
 
 the space of days next after the making of such distress the said 
 
 sums, together with the reasonable charges of taking and, keepingthe 
 distress, shall not be paid, that then you do sell the said goods. and 
 chattels so by you distrained, and do pay the money arising by such 
 
 sale unto , the clerk of the justices of the peace for the division of 
 
 , in the said [county], that he may pay and apply the same as by 
 
 law is directed, and may render the overplus, if any, on demand, to 
 the said A. B. ; and if no such distress can be found, then that you 
 
 Digitized by Microsoft® 
 
CHAP. i>] Sect. 6. Enforcinff Convictions, S^c. 179 
 
 certify the same unto rae, to the end thatsuoh further proceedings may 11 & 12 Vict, 
 be had thereon as to the law doth appertain. _ "• *^' 
 
 Given under my hand and seal this day of , in the jrear of 
 
 our Lord — r-, at , in the \cou'nty'\ aforesaid. 
 
 [Firfe forms of commitment forthwith where distress would be ruin- 
 ou^j ^nd recognizance to appear on return of the distress warrant, 
 Nos. 54, 55, Oke's " Formulist," pp. 49, 50, 2nd ed.] 
 
 (N 3) and (N 4) Indorsement and Return of no effects, vide ante, 
 p. 135. 
 
 To the constable of , and to the keeper of the \hou$e of cor- (N 5) Commit. 
 
 rectimi] at , in the said [county'] of . ' ™«".t ^""^ ''*"* 
 
 Whereas [^c. as in (N 1), supra, or (N 2), where an order, post "■ distress. 
 p. 184, to the asterisk*, and then thus] : And whereas afterwards, on 
 
 the day of , in the year aforesaid, I the said justice issued 
 
 a warrant to the constable of , commanding him to levy the said 
 
 sums of a;nd by distress and sale of the goods and chattels 
 
 of the said A. B. : And whereas it appears to me, as well by the return 
 of the said constable to the said warrant of distress as otherwise, that 
 the said constable hath made diligent search for the goods and chattels 
 of the said A. B., but that no suiEcient distress whereon to levy the 
 suras above mentioned could be found : These are thei'efore to com- 
 mand you the said constable of to take the said A. B., and him 
 
 safely to convey to the [house (f correction] at aforesaid, and 
 
 there deliver him to the said keeper, together with this precept ; and I 
 do hereby command you the said keeper of the said [house of correc- 
 tion] to receive the said A. B. into your custody in the said [house of 
 correction], there to imprison him [and keep him to hard labour] for 
 
 the space of , unless the said several sums, and all the costs and 
 
 charges of the said distress [and of the commitment and conveying of 
 the said A. B. to the said house of correction], amounting to the 
 
 further sum of , shall be sooner paid unto you the said keeper ; 
 
 and for your so doing this shall be your sufficient warrant. 
 
 Given [&c. as (N 1), supra.] 
 
 Sect. 22, after reciting that " by gome acts of parliament jus- Where a sta- 
 
 tices of the peace are authorized to issue warrants of distress to '"'* ^J'"" "" 
 1 » • ? r\ 1 « /. 1 > remedy m 
 
 levy penalties or other sums 9 recovered before them, by dis- default of dU- 
 
 tress and sale of the offender's goods, but no further remedy is '""• 
 
 thereby provided in case no sufficient distress be found whereon 
 
 to levy such penalties," enacts, — " that in all such cases, — and 
 
 9 The rep,e?lei statute 5 Geo. 4, c, 18, s., 1, only applied to penalties, and 
 not tp other sums of money, such as \<tages,' and in the latter case there 
 form^erly could be no imprisonment in default of distress ( Wiles v. Cower, 5 
 N. & M, 276). V «■ . 
 
 Digifte^ by Microsoft® 
 
180 
 
 Summary Convictions and Orders. [part i. 
 
 11 & 12 Vict, 
 c. 43. 
 
 in all cases of convictions or orders where the statute on which 
 the same are respectively founded provides no remedy in case 
 it shall be returned to a warrant of distress thereon, that no 
 suflncient goods of the party against whom such warrant shall 
 have been issued can be found, — it shall neyertheless be lawful 
 for the justice to whom such return is made, or to any other 
 justice of the peace for the same county, riding, division, liberty, 
 city, borough or place, if he or they shall think fit, by bis 
 warrant as aforesaid, to commit the defendant to the house of 
 correction or common gaol as aforesaid for any term not 
 exceeding three calendar months 10, unless the sum or sums 
 adjudged to be paid, and all costs and charges of the distress, 
 and of the commitment and conveying of the defendant to 
 prison (the amount thereof being ascertained and stated in 
 such commitment), shall be sooner paid." The form of com- 
 mitment will be (N 5), ante, p. 179. 
 
 Where the sta- 
 tute gives no 
 remedy for en- 
 forcing pay- 
 ment. 
 
 By sect. 19 it is provided {inter alia) as will be seen, ante, 
 p. 175, that " in cases where by the statute in that behalf no 
 mode of raising or levying such penalty, compensation or sum 
 of money, — or of enforcing the payment of the same, is stated 
 or provided," — a warrant of distress is to be issued to levy 
 the same. The forms of proceedings will therefore be the same 
 as where the statute provides for levying penalties, &c. by 
 distress, ante, pp. 178, 179, &c. ; the imprisonment in default of 
 distress in such a case, it is said, can be under the 22nd section, 
 supra, for not exceeding three calendar months, unless sooner 
 pa,id ; but this is extremely doubtful, for if not under that 
 section, there is no power to imprison at all 11. 
 
 10 Hard labour cannot, of course, be added to the imprisonment. 
 
 11 It is proper to point out here that there has been for some time a 
 doubt raised by legal practitioners on the act 11 & 12 Vict. c. 43, inasmuch 
 as it does not appear to authorize justices to commit a defendant to prison in 
 default of distress in cases where the statute imposing the penalty for the 
 offence, or that giving authority to make the order, provides no remedy of 
 recovering it by distress, or by imprisoning the defendant, and of course 
 makes no mention of the return of nulla bona. Sects. 19, 20, 21 and 22, 
 relate to the recovery of penalties and sums. Sect. 19, ante, p. 175, enacts 
 {inter alia), that " in cases where by the statute in that behalf no mode of 
 raising or levying such penalty, &c., — or of enforcing the payment of the 
 same, — is stated or provided," the justices may issue their warrant of dis- 
 tress; — but on confession of no goods, &c., the justices may commit to 
 prison "for such time and in such manner as by law such defendant might he so 
 committed in case such warrant of distress had issued," and no goods could 
 be found, &c. Sect. 20, ante, p. 176, does not affect the question j it merely 
 authorizes a committal of the defendant till the return of the distress warrant. 
 Sect. 21, ante, p. 177, also does not apply to the case ; for it provides that 
 in default of distress justices may commit the defendant to prison, there to 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 6. Enforcing Convictions, Sfc. 1^^ 
 
 2. Detention of Juveniles in Beformatories. 
 An abstract of the acts upon this subject is set out at pp. 
 157-165. 
 
 3. Enforcing Orders on Complaints. 
 The orders here meant are those set out, ante, pp. 155, 156, Forms of 
 as given in the schedule to the 11 & 12 Vict. c. 43, viz.— 1. "'^'^^"' 
 An order for the doing of some act, the disobedience of which is 
 punishable with imprisonment (K 3) ; 2. An order for the 
 payment of a sum of money, and in default of payment im- 
 prisonment (K 2) ; and 3, an order where such sum is to be 
 levied by distress (K 1). 
 
 An order of justices for payment of money may be bad in 
 part and good for the residue 12 ; but a second order cannot, 
 
 be kept " in such manner and for such time as shall have been directed 
 and appointed by the statute ore which the conviction or order mentioned in such 
 warrant of distress was founded." But the authority under which justices 
 have assumed hitherto to commit defendants to prison In the cases in ques- 
 tion is the 22nd section, supra, the enacting part of which appears to be 
 confined to the cases in the preaqible, i. e. where the act under which the 
 conviction takes place gives a power to distrain for the penalty or sum, but 
 no power of imprisoning the defendant in default of distress. If this con- 
 struction is the correct one, which it appears to the writer to be (see also 21 
 J. P. 478, 524, 540), it follows that justices have no authority under the 
 following acts in this work to commit the defendants to prison in default of 
 distress for the penalty or other sums adjudged to be paid, viz.— 11 & 12 
 Vict. c. 49 and 18 & 19 Vict. c. 118 (Alehouses); 14 & 15 Vict. c. 13 
 (Arsenic) ; 15 & 16 Vict. c. 85 (Burials) ; 16 & 17 Vict. c. 102 (Coin) ; 18 
 & 19 Vict. c. 63, s. 10 (friendly Societies) ; 20 & 21 Vict. c. 31, s. 12 (In- 
 closures); 20 8c 21 Vict. c. 48, s. 19 (Industrial Schools) ; 19 Sc 20 Vict, 
 c. 47, ss. 18, 23, 31, 37, 49 (Joint Stock Companies) i 16 & 17 Vict. c. 97 
 (Lunatics); 17 & 18 Vict c. 104 (Merchant Shipping); 17 8: 18 Vict, 
 c. 105, s. 47 (Militia); 18 & 19 Vict. c. 116, s. 14, and 18 & 19 Vict. c. 116, 
 ss. 14, 26, 29, 36, 37 (Nuisances); 18 & 19 Vict. c. 104, s. 6 (Chinese 
 Passengers" Ships) ; and 16 & 17 Vict. c. 100, s. 9 (Vaccination). If all 
 these acts had simply provided that the penalties, &c., " shall be recovered 
 [before two justices, if one not intended, as s. 12, ante, p. 126, already pro- 
 vides for one where not otherwise intended}, BY DISTRESS AND SALE, in manner 
 provided by the act of the 11th and I2th years of her majesty, chapter 
 forty- three," there would have been no difiScuIty, as then the 22nd section 
 would have applied. The justices can, however, go so far as to adjudicate 
 a distress and issue the distress warrant, but they should stay their hands 
 further until the question is set at rest by a decision of a superior court 
 The writer has, in a correspondence he had with the Home Secretary in 
 December, 1857, and January, 1858, pointed out the necessity for an 
 amendment of the law in this respect (see 22 J. P. 62, 63); but the Home 
 Secretary communicated with the police magistrates, and ascertained that 
 " Mr. Hall and a large majority of those magistrates felt no doubt as to their 
 power to commit in such cases ;" and that " the 22nd section of the 1 1 & 12 
 Vict. c. 43 is not confined to cases where a power of distress is given by the 
 act imposing the penalty." The reasons of one of those magistrates are 
 given, 22 J. P. 78. - 
 
 12 R- V. Green, 20 L. J. {^ .Bi^iHtmmWiclbe^minster, 19 lb. 185. 
 
182 
 
 Summary Convictions and Ordert, [part i. 
 
 Minute of 
 order to be 
 served before 
 enforcing. 
 
 Form. 
 
 like a conviction, be drawn up and substituted for one which 
 is found to be defective or informal 13. 
 
 It will be seen by sect. 17 of the 11 & 12 Vict. c. 43, ante, 
 ]). 148, that it requires the defendant, who has not obeyed the 
 order, to be " served with a copy of the minute of such order 
 before any warrant of commitment or of distress shall issue 
 in that behalf," but that " such order or minute shall not form 
 any part of such warrant of commitment or of distress," 
 Neither is it necessary, before issuing such warrants, that an 
 order should have been formally drawn up under band and seal ; 
 the pronouncing the order on one day, and the service of the 
 minute of the order on the next, are sufficient to justify the 
 issuing of these warrants 14. The form of the minute of order 
 for service (of the mode of which see note 41, ante, p. 148) 
 may be as follows : — 
 
 At a petty session of her Majesty's justices of 
 
 the peace for the [county] of , holden 
 
 at , [in and for the division of ], 
 
 on [Tuesday], the day of , 1858. 
 
 CD Complainant, 
 
 against 
 
 A. B Defendant. 
 
 It is ordered, that the 
 
 1. Incase of dismissal.]— Informsdion [or complaint] {or [state it 
 
 shortly] be dismissed with costs, the complainant not appearing 
 [or the irformation or complaint not being proved] ; and that 
 
 the complainant forthwith [or on or before the day of 
 
 next] pay to the defendant the sum of for his costs 
 
 incurred in liis defence, to be recovered by distress, and in 
 
 default the complainant to be imprisoned for , unless sooner 
 
 paid [with the costs of the distress and of conveyance to 
 prison]. 
 
 2. Where imprisonment only adjudffed.] — Defendant who does [not] 
 
 appear, do forthwith [or on or before the day of 
 
 next] [here state shortly the matter required to be done], and 
 
 on disobedience to be imprisoned, with hard labour, for , 
 
 and to pay to the complainant for costs, to be recovered 
 
 by distress, and in default the defendant to be imprisoned fiJran 
 additional term of , unless sooner paid. 
 
 3. Where a sum of money ordered.] — Defendant who does [not' 
 
 appear, forthwith [or on or before the day of next' 
 
 ;pay to the complainant the sum of for [state shortly wha\ 
 
 for], and also for costs [to be recovered by ' distress, i^' so 
 
 authorized], and in (\i&ia.\i\t\if authorized to be recovered by 
 distress, as there is not sufficient goods, or as a distress would 
 be ruinous to the defendant and his family], the defendant'to be 
 
 imprisoned, with hai'd labour, 'for , unless sooner paid,'witli 
 
 the costs Of [distress and] conveyance to gaol. 
 
 13 R. y. Cheshire, 5 B. & Ad. *39 ; Paley, '4th ed., pp. 127, 128. 
 
 14 Ratt V. Parkinson, 20 L. J. (N.S.) M. C. 208 ; 15 J. P. 396. 
 
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dHAP. I.] Sect. 6. Enforcing Convictions, ^c. 
 
 Sect. 24, as will be seen, ante, p. 170, equally applies to merej^^-^ ^^^ 
 " where an order is not for the payment of money, but for the j, adjudged. 
 doing of some other act, and directs that in case of the defend- 
 ant's neglect or refusal to do such act, he shall be imprisoned, 
 or imprisoned and kept to hard labour, and the defendant 
 neglects or refuses to do such act ;" a commitment issues, and 
 also a distress warrant for the costs, as under a Conviction. 
 
 Forms. 
 
 To the constable of , and to the keeper of the [house of cor- (P2) Commit- 
 
 rection] at , in the said [county] of . ™ent. 
 
 Whereas on last past complaint was made before the under- 
 signed, [one] of her Majesty's justices of the peace in and for the said 
 [county] of — — , for that [|-e. as m the orrfer], and afierwards, to wit, 
 
 on , at , the said parties appeared before me [or as it may be 
 
 in the orderX and thereupon having considered the matter of the said 
 complaint, I adjudged the said A. B. to [^c. as in the order], and that 
 if, upon a copy of the minute of that order being duly served upon the 
 said A. B., either personally or by leaving the same for him at his last 
 or most usual place of abode, he should neglect or refuse to obey the 
 same, it was adjudged that in such case the said A.'B. for such his dis- 
 obedience should be imprisoned in the [house of correction] at , in 
 
 the said county [and there kept to hard labmir] for the space of 
 
 [unless the said order should be sooner obeyed] : And whereas it is now 
 pro.red to me that after the making of the said order a copy of the 
 minute thereof was duly served upon the said A. B., but he then re- 
 fused [or "neglected"] to obey the same, and hath not as yet obeyed 
 the said order : These are therefore to command you, the said constable 
 
 of , to take the said A. B., and him safely to convey to the [house 
 
 of correction^ at • aforesaid, and there to deliver him to the keeper 
 
 thereof, together with this precept; and I do hereby command you the 
 said keeper of the said [house of correction] to receive the said A. B. 
 into your custody in the said Uiouse of correction], there to imprison 
 
 him [and keep him to hard labour] for the space of ; and for so 
 
 doing this shall be your sufficient warrant. 
 Given [&c. as (N 1), ante, p. 179.] 
 
 To the constable of , and to all other peace officers in the (p 4) Warrant 
 
 said [county] of . _ of distress for 
 
 _ Whereas on last past complaint was made before the under- the costs. 
 
 signed [one] of her Majesty's justices of the peace in and for the said 
 
 [county] of , for that [^c. as in the order], and afterwards, to wit, 
 
 on , at , the said parties appeared before me as such justice 
 
 as aforesaid [or as it may be in the order], and thereupon, having con- 
 sidered thematterbf thesaid complaint,! adjudged the said 'A. B. to 
 [S^c. as in the order] ; and that if upon a copy of ihe minute of that 
 order being served upon the Said A. B., either personally or by leaving 
 the same for hiiU at'his last or most usual abone, he should neglect Or 
 refuseto obey'the same, I adjudged that in sUch case the said iA..'B. 
 fur^suchlhiffdisdbedience^hotild be itaprisoned in the [home Of eorfec- 
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184 
 
 Summary Convictions and Orders. [part i. 
 
 11 & 12 Vict. tion'\ at -- — , in the said [^county, and there kept to hard labour'] for 
 
 <5- 43. the space of [unless the said order should be sooner obeyed] ; and 
 
 I thereby also adjudged the said A. B. to pay to the said C. D. the 
 
 sum of for his costs in that behalf; and I ordered that if the said 
 
 sum for costs should not be paid [Jbrthwith] the same should be levied 
 of the goods and chattels of the said A. B. ; and in default of suf- 
 ficient distress in that behalf I thereby adjudged that the said A. B. 
 should be imprisoned in the said [house of correction and there kept to 
 
 hard labour] for the space of , to commence at and from the 
 
 termination of his imprisonment aforesaid, unless the said sum for 
 costs, and all costs and charges of the said distress, and of the com- 
 mitment aud conveying of the said A. B. to the said [house of correc- 
 tion], should be sooner paid : And whereas after the making of the 
 said order a copy of the minute thereof was duly served upon the said 
 A. B., but the said A. B. did not then pay, nor hath he paid the said 
 
 sum of ■ for costs, or any part thereof, but therein hath made 
 
 default : These are therefore to command you, in her Majesty's name, 
 forthwith to make disti'ess of the goods and chattels of the said A. B., 
 
 and if within the space of days next after the making of such 
 
 distress the said last-mentioned sum, together with the reasoDable 
 charges of taking and keeping the said distress, shall not be paid, that 
 then you do sell the said goods and chattels so by you distrained, and 
 
 do pay the money arising from such sale to , the clerk of the 
 
 justices of the peace for the division of , in the said [county], that 
 
 he may pay the same as by law directed, and may render the overplus, 
 if any, on demand, to the said A. B. ; and if no such distress can be 
 found, then that you certify the same unto me, to the end that such 
 proceedings may be had therein as to the law doth appertam. 
 
 Given [&c. as (N 1), ante, p. 179]. 
 
 [Vide (N 3) and (N 4), indorsement to execute in another jurisdic- 
 tion, and constable's return of no effects, ante, p. 135.] 
 
 (P 5) Commit- 
 ment for want 
 of distress. 
 
 This form is at p. 173. 
 
 [Tide form of commitment forthwith for the costs, No. 64, p. 65, 
 Oke's " Formulist," 2nd ed.] 
 
 Where im- Sect. 23, as -will be seen ante, p. 173, applies also to " an 
 
 ^d^mlT^pay- °^^^^ ^°^ '^^ payment of money," and the statute under which 
 mentofasum. it is made makes no provision for such sum being levied by 
 
 distress ; a commitment issues, which includes the costs, as 
 
 upon a conviction. 
 
 (O 2) Commit- 
 ment imme- 
 diate or after 
 time given. 
 
 FoBM. 
 
 To the constable of , and to the keeper of the [house of cor- 
 rection] at , in the said [county] of . 
 
 _ Whereas on last past complaint was made before the under- 
 signed, [one] of her Majesty's justices of the peace in and for the said 
 
 [county] of , for that [^c. as in the order], and afterwards, to wit, 
 
 °^ > 3-t , , the parties appeared before [me] the sayi justice [or 
 
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CHAP. I.] Sect. 6. Enforcing Convictions, ^c. 185 
 
 as it may be in the order], and thereupon having considered the matter U & 12 Vict, 
 of the said complaint, I adjudged the said A. B. to pay to the said ^- ^^- 
 
 C. D. the sum of on or before the day of then next, 
 
 and also to pay to the said C. D. the sum of for his costs in that 
 
 behalf; and I also thereby adjudged that if the said several- sums 
 
 should not be paid on or before the day of then next, the 
 
 said A. B. should be imprisoned in the [house of eorreetion] at in 
 
 the said \county\ [and there hept to hard labour'] for the space of , 
 
 unless the said several sums [and the costs and charges of conveying 
 the said A. S. to the said house of correction] should be sooner paid : 
 And whereas the time in and by the said order appointed for the pay- 
 ment of the said several sums of money hath elapsed, but the said 
 A. B. hath not paid the same or any part thereof, but therein hath 
 made default : These are therefore to command you the said constable 
 
 of to take the said A. B. and him safely convey to the said [house 
 
 of correction] at aforesaid, and there to deliver him to the keeper 
 
 thereof, together with this precept ; and I do hereby command you the 
 said keeper of the said [house of correction'] to receive the said A. B. 
 into your custody in the said [house of correction], there to imprison 
 
 him [and keep him to hard labour] for the space of , unless the 
 
 said several sums \and the costs and charges of conveying him to the 
 
 said house of correction, amounting to the further sum of ] shall 
 
 be sooner paid unto you the said keeper ; and for your so doing this 
 shall be your sufficient warrant. 
 Given [&c. as (N 1), ante, p. 179]. 
 
 Sect. 19, as will be seen ante, p. 175, applies equally to Where the sum 
 cases "where an order requires the payment of a sum of >s lo be levied 
 money;" and by the statute authorizing such order such sum 
 is to be levied by distress;— a warrant of distress (N 2), infra, 
 should issue in the usual manner, and the proceedings through- 
 out would be the same as on a conviction, and the observa- 
 tions thereon, ante, pp. 176, 177, as to the manner of levying 
 the distress, &c. would be applicable here. 
 
 FOKM. 
 
 To the constable of , and to all other peace officers in the said (N 2) Distress 
 
 -„, [""""'ylot'-— ■ warrant. 
 
 W nereas on last past a complaint was made before the under- 
 signed, [one] of her Majesty's justices of the peace in and for the said 
 
 [county] of , for that [^c, as in the order], and afterwards, to 
 
 wit, on , at , the said parties appeared before me [or as in the 
 
 order], and thereupon having considered the matter of the said com- 
 plaint, I adjudged the said A. B. to [pay to the said C. D. the sum 
 
 V — — 0^ or before the then next] and also to pay to the said 
 
 CD. the sum of for his costs in that behalf; and I thereby 
 
 ordered that if the said several sums should not be paid on or before 
 
 the said then next, the same should be levied by distress and sale 
 
 of the goods and chattels of the said A. B. ; and it was adjudged that 
 m default of distress in that behalf the said A. B. should be imprisoned 
 
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Ii86 
 
 Summary Convictions and Ordefs. [pa^t i. 
 
 11 & 12 Vict, 
 c. 43. 
 
 » Ftrrm (N S), 
 ante, p. 179. 
 
 in the [house of correction] at^ — ■■^, in the said \coun1y] \and there kept 
 
 to hard labour'] for the ^pace of , unless the said several sums, 
 
 and all costs and charges of the distress \and of the commitment and 
 conveying of the said A. B. to the said house tf correction] shonld be 
 sooner paid : And wliereas the time in and by the said order appointed 
 
 for the payment of the said several sums of — — and hath 
 
 elapsed, but the said A. B. hath not paid the same Or any part thereof, 
 but therein hath made default :* These are therefore to command you, 
 in her Majesty's name, forthwith to make distress of the goods and 
 
 chattels of the said A. B. ; and if within the space of days after 
 
 the making of such distress the said last-mentioned sums, together with 
 the reasonable charges of taking and keeping the said distress, shall 
 not'be paid, that then yon do sell the said goods and Chattels so by 
 you distrained, and do pay the money arising from such sale unto ■ — —, 
 
 the clerk of the justices of the peace for the division of , in the 
 
 said [county], that he may pay and apply the same as by law directed, 
 and may render the overplus, if any, on demand, to the said A. B. ; 
 and if no such distress can be found, then that you certify the same 
 unto me, to the end that such proceedings may be had therein 'as to the 
 law doth appertain. 
 
 Given [&c. as (N 1), ante, p. 179]. 
 
 Where no re- 
 medy given in 
 default of dis- 
 tress, or where 
 there is no re- 
 medy for eM" 
 forcing pay- 
 ment. 
 
 As to cases where there is no remedy given in default of dis- 
 tress upon an order for jjayment of " a sum of money," sects. 
 22, ante, p. 179, on convictions, will also apply to such orders; 
 also, where there is no remedy given for enforcing payment of 
 a Slim under an order. See ante, pp. 179, 180, and note 11, 
 p. 180. 
 
 The'forra of commitment to be used where no remedy given 
 by the statute in default of distress will be (N 5\ p. 179, 
 adapted to an order, as in Oke's " Formulist," 2nd ed. No. 71, 
 p. 58, and where there is no remedy provided by the particular 
 statute for enforcing paynvent, the distress warrant will be as 
 (N 2), supra. 
 
 Casts on dis- 
 missal. 
 
 4. Enforcing Costs on Dismissal of Information or Com,plaint. 
 It will be seen, ante, p. 132, that the costs on the dismissal 
 of an information or complaint are recovered by distress, and, 
 in default therebf/imprisonment'for not' exceeding one calendar 
 month, with or without hard labour (II & 12 Vict. c. 43, 
 8. 18). For forms, see ante, pp. 134, 135. 
 
 Expenses of 
 conveying to 
 gaol. 
 
 5. Enforcing Costs of Convey artee to Gaol. 
 By the'3 JaiB. 1, c. 10, s. 1, which remains unrepealed, it is 
 provided, thiatif the pd^n^ committed he of 'suffioientability'to 
 
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CHAP. I.] Sect. 6. Enforcing Convictions, ^c. 
 
 pay the expenses of his being conveyed to prison and the charges 
 of such as may be appointed to guard him thither, he shall do 
 so; or, if he refuse, the justice committing him may, hy his B^^d.^s^t^ss on 
 warrant, command the constable where the offender dwells, or ^^^^^ 
 from whence he shall be committed, or where he shall have 
 goods within the county or liberty, to sell so much of the same 
 as in the discretion of the said justice shall be sufficient to pay 
 such charges and expenses, the goods to be appraised by four 
 hotiest'inhabitaiits of the parish whei'e such goods shall' be, and 
 the overplus (if any) delivered to the party 15. 
 The 27 Geo. 2, c. 3, s. 1, provides that where the party has If no goods, or- 
 
 n 1 /' « ^«r o®r ^^ county 
 
 no sufficient good's or money for such purpose (i. e. to repay tjgasurer. 
 
 the charges and expenses of conveying him to pTison), then, 
 upon application of the constable who conveyed him, the jus- 
 tice, after examining and ascertaining the reasonable expense, 
 shall, by warrant under his hand and seal, order the treasurer of 
 the county or place (or, in Middlesex, the overseers df the parish 
 where the offender was apprehended) to pay the same 16. 
 
 It will have been observed, that in many of the instances of In some cases 
 committals the expenses of conveyance to gaol are specially J,°"nj'^itme"ts 
 provided to be recovered and paid with the penalty, &c. if the with the 
 defendant do not suffer the imprisonment; in those cases the penaJty. &<=• 
 3 Jac. 1, c. 10, above, could not be resorted to in order to levy 
 a distress on the defendant's goods for those expenses, as the 
 justice willhave exercised the whole of his functions over him, 
 and it is questionable whether an order could then be made, 
 under 27 Geo. 2, c. 3, on the county treasurer for the amount ; 
 for the latter statute applies only to cases where the party has 
 no goods, and which the justices could not certify ; but, under 
 such circumstances, the order mentioned iupra might be made 
 with the variation suggested, and would doubtless be complied 
 with. In the other instances where tbe justices exercising the 
 discretion given to them by the 11 & 12 Vict. c. 43, do not 
 include the costs of conveying to prison in the warrant of 
 
 15 yide Form of Distress Warrant, Oke's " Formulitt," 2nd ed., p. 59, 
 No.'yS. 
 
 16 l^ide Form of Order, Oke's " FormuUat," 2nd ed., p. 60, No. 75. In 
 some districts the keeper of the gaol gives the constable, on receiving a pri- 
 soner, a similar receipt to that used on an indictable offence, who hailds it to 
 theclerk to the justices, and he makes out the order (if thedefendant has 
 no( goods) on theeoutity treasurer fdr the expense of the conveysince for the 
 committing magistrate's signature, either immediately or at the expiration 
 of the defendant's imprisonment, — at the latter peHod -when the -costs of 
 conveyance to prison are included in the commitment. 
 
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188 
 
 Summary Convictions and Orders. [part 
 
 commitment, the 3 Jac. 1, c. 10, and the 27 Geo. 2, c. 3, may- 
 be applied in the usual manner without alteration of the forms 
 of distress warrant or order. 
 
 Application of 
 penalties in 
 general. 
 
 Unappro- 
 priated fines. 
 
 Sect. VII. Of the Application of Penalties, &c. 
 The mode of application of penalties, compensation, or other 
 sums of money paid by defendants by virtue of the conviction 
 or order, is regulated by the particular statute under which the 
 conviction or order is made, — i. e. either to the overseers of the 
 poor in aid of the county rate, to the churchwardens of the 
 parish where the offence is committed, or to an informer, to 
 the party aggrieved, or the complainant, and in many other 
 modes. Unappropriated penalties are payable to the crown 
 under 3 Geo. 4, c. 46, s. 2, and were formerly to be paid 
 through the clerk of the peace and sheriff; but see now 11 & 
 12 Vict. c. 43, s. 31, p. 190. 
 —in boroughs, The application of penalties, &c. for oflPences in borotigha is 
 regulated by the 5 & 6 Will. -4, c. 76, s. 126, which enacts :— 
 
 " That when by any act any penalty or forfeitures are or shall 
 hereafter be made recoverable in a summary manner before 
 any justice or justices of the peace, and by such act respec- 
 tively the same are or shall be limited and made payable to 
 his Majesty, or to any body corporate, or to any person 
 whomsoever, save and except the informer who shall sne for 
 the same, or any party aggrieved, in every such case the 
 same, if recovered and adjudged before any justice of any 
 borough in which a separate court of quarter sessions of the 
 peace shall be holden as aforesaid, shall, notwithstanding 
 anything in such act respectively contained, be recovered for 
 and adjudged to be paid to the treasurer of such borough for 
 the time being, to the credit and on account of the borough 
 fund of such borough, — and no such penalty or forfeiture, or 
 share of such penalty or forfeiture, shall in any case be re- 
 covered by or adjudged to be paid to any other person than 
 the said treasurer, unless such person be the informer or the 
 party aggrieved 1 : provided always, that nothing herein 
 
 1 In Reg. V. Dale (22 L. J. (N. S.), M. C. 44), it was decided on a con- 
 viction under the General Alehouse Act, 9 Geo. 4, c. 61, by justices of a 
 borough which had a separate commission of the peace, but no court of 
 quarter sessions, that the portion of the penalty, which, by sect. 26, is to be 
 paid to the county or place for which the justices are acting, must be paid 
 to the treasurer of the county in which the town is situated, and not to the 
 treasurer of the borough. 
 
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CHAP. I.] Sect.1. Of the Application of Penalties, ^c. 1^9 
 
 contained shall extend to any penalties or forfeitures recovered 
 
 under any act relating to the customs, excise and post office, 
 
 or to trade or navigation, or any branch of his majesty's 
 
 revenue." 
 
 By 11 Vict. c. 14, town councils are empowered to establish 
 
 superannuation funds upon the principles prescribed by this 
 
 statute, to which fund all monies accruing from fines imposed 
 
 on any of the constables for misconduct are directed to be 
 
 paid. , ■ e 
 
 As respects the application of a portion of the penalties for -in counties, 
 offences in counties. By the second County Constabulary 
 Act, 3 & 4 Vict. c. 88, s. 10, which relates to the superannu- 
 ation fund to be provided for the constables, it is provided, " that 
 there shall be deducted from the pay of every constable be- 
 longing to the police force established in any county under 
 the 2 & 3 Vict. c. 93 2, a sum, &c., which sum so deducted, 
 and also the monies accruing from stoppages from any of the 
 said constables during sickness, and fines imposed on any of 
 the said constables for misconduct,— aitd from any portion of A portion of 
 the fines imposed by any justice of the peace upon drunken ^^ applied t)- 
 persons, — or for assaults upon police constables, — and from wards con- 
 moieties of fines and penalties awarded to informers {being police ^^^^^Xo^"' 
 constables) on summary convictions, — as shall be directed by such fund. 
 justice to be paid for the benefit of this fund." By 13 & 1 4 Vict, 
 c. 87, s. 1, after reciting, that by the 3 & 4 Vict. c. 88, " the 
 monies accruing from any portion of the fines imposed by any 
 justice of the peace, upon drunken persons, or for assaults 
 upon police constables, and from moieties of fines and penalties 
 awarded to informers, being police constables, on summary 
 convictions, as shall be directed by such justice to be paid for 
 the benefit of that fund, should, with other monies therein men- 
 tioned, be invested, so as to form a superannuation fund ;" and 
 reciting 11 & 12 Vict. c. 43, s. 31, p. 190 ; and that 11 & 12 Vict. 
 c. 49 3, contains no direction for the payment of the penalties 
 thereunder, it is enacted, — that a moiety of any penally imposed 
 on summary conviction under the said last-recited act [11 & 12 
 
 2 The 2 & 3 Vict. c. 93, 3 & 4 Vict. c. 88, and the Compulsory County 
 Constahulary Act, 19 & 20 Vict. c. 69, are to be construed as one act. 
 
 3 The act regulating the sale of beer, &c. on the morning of the Lord's 
 Day, &c. (tit. " Alehouses," Offences 20 — 23) ; the penalties under the other 
 Lord's Day Act, 18 & 19 Vict. c. 118, are not provided for, and cannot 
 therefore go to the superannuation fund as in this case, but will be applied 
 under U & 12 Vict c. 43, o. 31. There should be some general enactment 
 to meet all cases where a constable is the informer. 
 
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190 
 
 Summary Convictions ands Ordej'fi [part i. 
 
 Penalties, &c. 
 to be paid to 
 justices' clerk. 
 
 Vict. 0. 49] may be directed, by the justice imposing the 
 penalty, to be paid for the benefit of the superannuation fund 
 hereinbefore mentioned, and shall be invested and otherwise 
 dealt with accordingly 4. The portions directed under the 
 above enactments will be paid by the justices' clerk to the 
 county treasurer, with the other' penalties and sums mentioned? 
 infra in 11 & 12 Vict. g. 43j s. 31 ; and the portion not so 
 directed will be payable according to the direction of the par- 
 ticular statute. The Metropolitan Police Courts and City 
 Police Acts direct the appropriation of penalties within their 
 respective limits (10 Geo. 4, e. 44, s. 37, and 2 & S Vict. c. 71, 
 s. 47 (Mietropolilan); 2 & 3 Vict. c. xciv. s. 97 (City) ). 
 
 By sect. 31 of the 11 & 12 Vict. c. 43, set out, a»te, p. 52, 
 the clerk to the justices of the division where the conviction or 
 
 and applied by order is made is now made responsible for the due appropriation 
 I'i""' of all penalties and suras, " according to the directions of the 
 
 statute on which the information or complaint in that behalf 
 shall have been framed" 5 ; and in the forms of warrants of 
 distress given by the statute, the constable is directed to pay 
 the amount levied to the "clerk of the division 6 ;" and where 
 the same is paid to the gaoler after committal, he is to remit the 
 amount to the clerk also. The same section (31st) provides, 
 that if such statute shall contain no such directions for the pay- 
 ment of such sums to any person or persons, " then such clerk 
 shall pay the same to the treasurer of the county, riding, 
 division, liberty, city, borough or place for which such justice 
 
 Sums unapr 
 propriated by 
 statute. 
 
 4 It was formerly contended (11 J. P. 893; 14 J. P. 502, 758 ; 15 J. P. 
 167 ), that, notwithstanding the 3 & 4 Vict. c. 88, s. 10, t\ie fines upon drunken 
 persons must still be paid to the churchwardens pursuant to the 21 Jac. c. 7, 
 the j ustices having no authority under this section to interfere with them ; but 
 an opinion has since been expressed (21 J. P. 557, 575, 782), that the doubt 
 existing, when the question depended on the 3 & 4 Vict. c. 88, s. 10 alone, is 
 removed by the above recital in the 13 & 1 4 Vict. c. 87, which amounts to a 
 legislative declaration that justices may order a pprtion of the fines imposed 
 upon drunken persons, when police constables are the informers, to be paid 
 for the benefit of the Police Superannuation Fund. The Attorney and 
 Solicitor-General (Sir R. Bethell and Sir H. S. Keating)r have recently ex- 
 pressed a similar opinion, i. e. " that the stat. 3 & 4 Vict, c, 88, read in con- 
 junction with the Stat. 13 & 14 Vict. c. 87, empowers a justice, who chooses to 
 give any portion of a fine imposed for drunkenness to the police superan- 
 nuation fund, to apply a moiety only of it to that purpose" (see 2'i 3, P. 7S). 
 
 5 The seventh column of Chap. 2 throughout will si^ow to whom the 
 penalties or sums are payable by the particular act in each case and for 
 what purpose, whether in aid of the poor rate or county rate, or otherwise. 
 
 6 In the forms of distress warrants in the schedule^to 11 &,12 Vict.c, 43, 
 N 1, N 2, P 3, P 4, Q 1 and; S 1, he is called " Clerk of the Justiqps.of the 
 Peace for the Division," and in the form of return of fines, T Ij " CWrk of 
 the Court of Petty Sessions." 
 
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CHAP. I.] 5ec/v 7. Of the Application of Penalties, ^c. 191 
 
 or justices sjiall have acted, and for which such treasurer " & l^ZJi^*- 
 
 shall give him a receipt without stamp;" but the statute, does. 
 
 not show how tli« county treasurer is to apply these sums, ajid 
 it is suhmitted they are still payable to the crown through , him 
 instead of through the clerk of the peace. The clerk and ^^°^^^'°J' 
 g-aoler, it will be seen by the Introduction at p. 52, are to keep g^gj. 
 and render, monthly accounts 7 of sums received by them to 
 the justices of the division, as well as the court of quarter ses- 
 sions, when ordered to do so; but the justices, in quarter ses- 
 sions have no power to direct the clerks to the justice to 
 pay those fines, &c., which are payable by the particular 
 statutes to thfr overseers, to the county treasurer. 
 
 Sect. VIII. Of Appea.l against or reviev?ing the 
 Judgments of Justices. 
 
 1. When Appeal allowed, Time, ^c., p. 191. 
 
 2. Enforcing Judgment when confirmed on Appeal, with 
 
 Costs, p. 203. 
 
 3. Stating Case for opinion.of Superior Court on Ques- 
 
 tions of Law, p. 206. 
 
 1 . When Appeal allowed. Time, ^c. 
 
 An appeal against a summary conviction or order of justices In wliat cases 
 is a rehearing of the information or complaint on the merits by *PP^ ^°' 
 the court of quarter sessions 1 ; for which purpose, the justices 
 should, as required by sect. 14 of 11 & 12 Vict. c. 43 {ante, p. 147), 
 return the conviction or order to the sessions, and this whether 
 an appeal be given in the particular ease or not; and if after 
 receiving due notice of appeal the justices neglect to return the 
 conviction, whereby the party is prevented from prosecuting 
 his appeal, they are liable to an action for the special da- 
 
 7 Vide required form, No. 76, p. 61, of Oke's " Formulist," 2nd ed. 
 
 1 The 1 Will. 4, c. 70, d. 35, declares when these courts are to be held in 
 counties ; and 4 & 5 Will. 4, c. 47, contains a provision to avoid the incon- 
 venience which might arise from the spring sessions occurring at the same 
 time as the assizes for the county. In boroughs, 5 & 6 Will. 4, c. 76, s. 105, 
 directs a quarter sessions to be held by the recorder once in every quarter of 
 a year, 
 
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192 Summary Convictions and Orders. [part i. 
 
 In what cases mage 2. The power of appealing is not of general but of par- 
 appeal lies. ticular right, and exists in those cases only in which it is specially 
 given 3. Where, therefore the right is not given by express 
 enactment, it cannot be extended by an equitable construction 
 to cases not distinctly enumerated 4. So, on the other hand, if 
 an express power of appeal is given, it cannot be taken away 
 by mere inference deduced from other clauses in the same 
 act 5. No certain rule has been adopted by the legislature in 
 conferring this power ; by some acts it is given, while by others, 
 in analogous cases, it is excluded. To the particular acts, 
 therefore, must resort be had to know whether there lies any 
 appeal, and if so, by what party, from what decision, at what 
 time, and in what mode, notice of it should be given (for the 
 12 & 13 Vict. c. 45, does not apply as to the time of appealing 
 against a summary conviction, &c. 6), the recognizance entered 
 into ; for the particular provisions governing and regulating the 
 right must be complied with 7. 
 
 2 Prosser v. Hyde, 1 T. R. 414. 
 
 3 1 M. & S. 448 i 6 East, 514 ; 2 T. R. 509, 510 ; R. v. CdsUohurif, 3 D. 
 & R. 35 ; 1 D. & R. Mag. Cas. 485 ; R. v. Hanson, 4 B. & Aid. 519 ; Paley, 
 4th ed., p. 295. 
 
 4 Rex V. Skone, 6 East, 514 ; Reg. v. Stock, 8 A. & E. 405 ; R. v. Recorder 
 of Bath, 9 Id. 871 i R. v. Recorder of Ipswich, 8 Dowl. 103. In Reg. \. Stock, 
 Lord Denman, C. J., said, — " The reason why a power of appeal ought not 
 to he implied is, that the appeal brings a new set of parties into action, and 
 it is necessary that the persons to be afiected and the machinery to be em- 
 ployed should be distinctly pointed out." 
 
 5 R. V. Justices of Cumherland, 1 B. 8e C. 64 ; 1 D. & R. Mag. Cas. 240 ; 
 R. V. Bedwell, 4 El. & Bl. 213 ; 24 L. J. (N.S.) M. C. 17 ; R. V. Justices of 
 Hants, 1 B. & Ad. 654 ; R. v. Justices of Salop, 2 B. & Ad. 145. 
 
 6 Sect. 1 of the 12 & 13 Vict. c. 45 provides, that fourteen clear days' 
 written notice of appeal at least shall be given, signed by the appellant or 
 his attorney, with the grounds specified, in every case of appeal, except 
 as thereafter mentioned. Sect. 2 contains the e.Kceptions to this rule, by 
 enacting — ** that none of the provisions hereinbefore contained relating to 
 notices of appeal shall be construed to affect or alter the law as to notice of 
 appeal against a summary conviction, or against an order of removal, or 
 against an order under any statute relating to pauper lunatics, or against an 
 order in bastardy, or against any proceedings under or by virtue of any of 
 the statutes relating to her majesty's revenue of excise or customs, stamps, 
 taxes or post office ; but the law with regard to notices of all such appeals 
 shall be deemed and taken to be the same as if the provisions hereinbefore 
 contained had not been enacted." 
 
 7 The notes to the column " If Appeal and Time, S;c.," of Chapters 2 and 
 3 of this Part 1. gives the entire clause of the statute giving the right of 
 appeal, and regulating the mode of doing so. With respect to the sum 
 ordered to be paid, on which the appeal lies, the case of Reg. v. Justices of 
 Warwickshire, Ex parte Ward, 25 L. J. (N. S.) M. C. 119 ; 20 J. P. 693 1 
 decided that where a statute gives a right of appeal only "where the sum 
 adjudged to be paid shall exceed" a stated amount, it means the penalty 
 only, and does not include the costs. This case was under the Cruelty to 
 Animals Act, 12 & 13 Vict. c. 92, s. 25, which gives the power of appealing 
 
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CHAP. I.] Sect 8. Of Appeals, #c. against Judgments. 193 
 
 It is not nsnal, but bv some statutes it is required, that the 
 convicting magistrates should, at the time of conviction, make 
 known to the party his right to appeal. _ , „ ^ 
 
 The appeal is given under the following titles in this v^ork Appef/« 
 relating to summary convictions 7 :— 
 (Chap. 2.) 
 
 Alehouses, 9 Geo. 4, c. 61, s. 27. 
 
 Apprentices, 20 Geo. 2, c. 19, ss. 5, 12; 33 Geo. 3, c. 55, s. 1 ; 
 32 Geo. 3, c. 57, s. 14 ; 6 Geo. 3, c. 25, s. 5 ; 56 Geo. 3, 
 c. 139, s. 17. 
 Baths and Washhouses, 9 & 10 Vict. c. 74, s. 14. 
 Beer houses, for the third offence, 1 Will. 4, c. 64, ss. 16, 18. 
 Betting Houses, 16 & 17 Vict. c. 119, s. 13. 
 Bread and Flour, 6 & 7 Will. 4, c. 37, s. 25. 
 Bye-Laws of Boroughs, 5 & 6 Will. 4, c. 76, s. 131. 
 Cemeteries, 10 & 11 Vict. c. 65. 
 Chimney Sweepers, 3 & 4 Vict. c. 85, s. 11. 
 Coab, 5 & 6 Will. 4, c. 63, s. 35. 
 Combination, 6 Geo. 4, c. 129, s. 12. 
 Commissioners' Clauses Act, 10 & 11 Vict. c. 16. 
 Commons, Sfc, 38 Geo. 3, c. 65, s. 9. 
 
 Constables (Parochial), 38 Geo. 3, c. 55, s. 1 ; 5 Geo. 4, c. 83, 
 s. 14. 
 (Borough), 5 & 6 Will. 4, c. 76, s. 131. 
 (on Rivers, Canals, Sfc), 3 & 4 Vict. c. 30, b. 19. 
 (under Watching Act), 3 & 4 Will. 4, c. 90, s. 66. 
 Cruelty to Animals, 12 & 13 Vict. c. 92, s. 25. 
 Dead Bodies, 48 Geo. 3, c. 75, s. 10. 
 Dissenters, 52 Geo. 3, c. 155, s. 16. 
 Distress, 11 Geo. 2, c. 19, s. 6. 
 Fisheries, 58 Geo. 3, c. 43, s. 12. . 
 Game, 1 & 2 Will. 4, c. 32, s. 44 ; 7 & 8 Geo. 4, c. 29, s. 72 ; 
 
 9 Geo. 4, c. 69, s. 6. 
 Gaming Souses, 8 & 9 Vict. c. 109, s. 20. 
 Gaols and Houses of Correction, 4 Geo. 4, c. 64, s. 71. 
 Gas Works, 10 & 11 Vict. c. 15. 
 Harbours, Docks and Piers, 10 & 11 Vict. c. 27. 
 Health (Public) Act, 1848, 11 & 12 Vict. c. 63, s. 135. 
 Highways, 5 & 6 Will. 4, c. -50, s. 105. 
 
 Horse slaughteriry, 12 & 13 Vict. c. 92, s. 25 ; 7 & 8 Vict. c. 87, 
 s. 9. ■ 
 
 where the sum ordered exceeds 2i. ; and the party in this case was convicted 
 in a penalty of 2s. 6d. and 11. Is. 6d. costs : the appeal, therefore, did not 
 lie. 
 
 7 See note 7, ante, p. 192. 
 O.S. 
 
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194 Summary Convictions and Orders. [pabt i. 
 
 Appeal allowed Indosures, 11 & 12 Vict. c. 99. 
 
 in these oases. Larceny, 7 & 8 Geo. 4, c. 29, s. 72. 
 
 Lighting and Watching Act, 3 & 4 Will. 4, c. 90, s. 66. 
 Lodging Houses {common), 14 & 15 Vict. c. 28 j 16 & 17 Vict. 
 
 c. 41. 
 Lotteries, 42 Geo. 3, c. 119. 
 Lunatics, 16 & 17 Vict. c. 97, s. 128 ; 8 & 9 Vict, c, 100, s. 104; 
 
 16 & 17 Vict. c. 96. 
 Malicious Injuries, 7 & 8 Geo. 4, c. 30, s. 38. 
 Manufactures, Sj-c, 17 Geo. 3, c. 56, s. 20; 22 Geo. 2, c. 27; 
 
 6 & 7 Vict. c. 40, s. 29 ; 5 & 6 Vict. c. 99, s. 21. 
 Markets and Fairs, 10 & 11 Vict. c. 14. 
 Master and Servant, 32 Geo. 3, c. 56, s. 10 ; 20 Geo. 2, c. 19, 
 
 ss. 5, 12; 31 Geo. 2, c. 11. 
 Merchant Shipping, 17 & 18 Vict. c. 104, s. 518, ai-t. 4. 
 Navigable Rivers and Canals, 3 & 4 Vict. c. 50, s. 19. 
 Nuisances, 18 & 19 Vict. c. 121, ss. 27, 40. 
 Pawnbrokers, 39 & 40 Geo. 3, c. 99, s. 35. 
 Police ofTovms, 10 & 11 Vict. c. 89. 
 
 Poor {Offences by Overseers), 33 Geo. 3, c. 55, s. 9; 4 &5 
 Will. 4, c. 76, s. 103 ; 7 & 8 Vict. c. \fi\. 
 {Offences in Workhouses), 4 & 5 Will. 4, c. 76, s. 103 ; 55 
 Geo. 3, c. 137, s. 9 ; 5 & 6 Vict. c. 57, s. 5. 
 Printers, 39 Geo. 3, c. 79 ; 51 Geo. 3, c. 65, s. 4. 
 Promissory Notes, 48 Geo. 3, c. 88, s. 10. 
 Railways {Offences by Servants of Companies), 8 & 9 Vict. c. 16, 
 s. 159. 
 {Offences by other Persons), 8 & 9 Vict. c. 16, s. 159 ; 
 8 & 9 Vict. c. 18, s. U6 ; 8 & 9 Vict. c. 20, s. 157. 
 Registers of Baptism, Sj-c, 6 & 7 Will. 4, c. 86, s. 46. 
 Seamen, 17 & 18 Vict. c. 104, s. 518, art. 4 ; 12 & 13 Vict. c. 25; 
 
 15 Vict. c. 26. 
 Seditious Meetings, 39 Geo. 3, c. 79 ; 51 Geo. 3, c. 65, s. 4. 
 Sheep, 11 & 12 Vict. c. 107, s. 17 ; 16 & 17 Vict. c. 62. 
 Ships Passengers (as to Chinese Ships), 18 & 19 Vict. c. 104, 
 
 s. 13. 
 Tlieatres, 6 & 7 Vict. c. 68, s. 20. 
 Towns Improvement, 10 & 11 Vict. c. 34. 
 Turnpike Roads, 3 Geo. 4, c. 126 ; 9 Geo. 4, c. 77 ; 4 Geo. 4, 
 
 0. 95, s. 87. 
 Vagrants, 5 Geo. 4, c. 83, s. 14. 
 Waterworks for Towns, 10 & 11 Vict. c. 17. 
 Weights and Measures, 5 & 6 Will.-4, c. 63, s. 35. 
 Wreck, 7 & 8 Geo. 4, c. 29, s. 72. 
 
 (Chap. 3.) 
 Constables, 1 Vict. c. 36, s. 13 ; 50 Geo. 3, c, 41, s. 27. 
 
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195 
 
 CHAP. I.] Sect. 8. Of Appeals, ^c. against Judgments. 
 
 Game, 52 Geo. 3, c. 93, sched. L, rule 13. ffielT:' 
 
 Hawkers and Pedlars, 60 Geo. 3, c. 41, s. 27. 
 
 Pawnbrokers, 19 & 20 Vict. c. 27. 
 
 Pos* Jfforses, 16 & 17 Vict. c. 88 ; 2 & 3 WiU. i, c. 120, s. 103. 
 
 Post Office, 1 Vict. c. 36, s. 13. 
 
 Stage Coaches, 2 & 3 Will. 4, c. 120, s. 103 ; 5 & 6 Vict. c. 97. 
 
 (Part III., Chap. 1.) 
 Alehouses, 9 Geo. 4, c. 61, s. 27. 
 Highways, 4 & 5 Vict. c. 59, b. 3. 
 Poor (Appointment of Overseers), 43 Eliz. c. 2, s. 6. 
 
 {Decision on Appeals against Sates), 6 & 7 Will. 4, c 96, 
 S.6. 
 Theatres, 6 & 7 Vict. c. 68, s. 20. 
 
 (Chap. 2.) 
 Bastards, 7 & 8 Vict. c. 101, s. 4 ; 8 & 9 Vict c. 10, s. 3. 
 Church Rates, 7 & 8 Will. 3, c. 6, s. 7 ; 7 & 8 WilL 3, c 34, 
 
 s. 6 ; 53 Geo. 3, c. 127, s. 7. 
 Companies Clauses, 8 & 9 Vict. c. 16. 
 Health [PubUc) Act, 11 & 12 Vict. c. 63, s. 135. 
 Highways (against Justices' Certificate for diverting, &c. a 
 
 Hoad), 5 & 6 Will. 4, c. 50, s. 88. 
 Lands Clauses, 8 & 9 Vict. c. 18. 
 Lighting and Watching Act, 3 & 4 Will. 4, c. 90, s. 66. 
 iMnatics, 16 & 17 Vict. c. 97, ss. 106, 108, 128. 
 Nuisances, 18 & 19 Vict. c. 121, ss. 15, 16, 27, 40. 
 Obscene Books, 20 & 21 Vict. c. 83, s. 4. 
 Railways, 8 & 9 Vict. c. 20. 
 Towns Improvement, 10 & 11 Vict. c. 34. 
 
 In the metropolis an appeal is allowed in certain cases, under 
 the Police Acts, against summary orders or convictions of the 
 magistrates (see 2 & 3 Vict. c. 71, ss. 50, 56, and 2 & 3 Vict, 
 c. 94 (local, city), s. 101. 
 
 Neither the 11 & 12 Vict. c. 43, the 12 & 13 Vict. c. 45, or 
 the 20 & 21 Vict. c. 43, gives any new right of appeal to quar- 
 ter sessions ; the 12 & 13 Vict. c. 45, regulates the mode in 
 which the right when conferred shall be exercised ; but the 
 20 & 21 Vict.c. 43, hereafter fully noticed, provides, by sect. 14, 
 post, p. 209, that any person who shall appeal to a superior 
 court on a point of law under that act shall be taken to have 
 abandoned his right of appeal. 
 
 The statute will provide the time and length of notice after Time for ap- 
 the conviction or order and before the sessions. But the fol- Pealing. 
 
 o2 
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196 Summary Cunvictions and Orders. [part i, 
 
 lowing decisions as to particular terms used in the statutes may 
 be useful (from Paley, 306-308, and Saund. 257) :— 
 
 As to a "reasonable" notice, B. v. Justkes of Surrey, 6 B. & 
 Aid. 539 ; 1 D. & R. 160 ; Id., Mag. Cas. 64 ; R. v. Jus- 
 tices of Salop, 4 B. & Aid. 626 ; B. v. Justices of Hunting- 
 donshire, 19 L. J. (N. S.) M. C. 127. 
 
 As to " clear days,'' or so many days " at least," see B. v. Justices 
 of Herefordshire, 3 B. & Aid. 581 ; B.v. Justices of Shrop- 
 shire, 8 A. & E. 173 ; and see Mitchell v. Foster, 12 Id. 
 472 ; Chambers v. Smith, 12 M. & W. 2 ; Zouch v. Empsey, 
 
 4 B. & Aid. 532 : a traction of a day not being considered 
 so as to render the service of the notice good, B. v. Justices 
 of Middlesex, 14 L. J. (N. S.) M. C. 139. 
 
 As to " first day of sessions," B. v. Justices of Suffolk, 4 D. & L. 
 628 ; 16 L. J. (N. S.) M. C. 36. 
 
 As to " next sessions," B. v. Justices of Kent, 8 Ad. & EU. 639; 
 B. V. Shackwell and others, 4 B. & C. 62 ; B. v. Justices 
 of Surrey, 15 L. J. (N. S.) M. C. 1. 
 
 As to so many " hours after adjudication," or other like term, B. 
 V. Justices of Middlesex, 17 L. J. (N. S.) M. C. Ill ; 5 D. 
 & L. 580 (under the Bastardy Act, the Sunday was to be 
 excluded) ; B. v. Justices of Pemhrokeshire, 2 East, 213; 
 B. V. Justices of Staffordshire, 3 East, 151 ; B. v. Justices 
 of Derbyshire, 7 Q. B. 193 ; B. v. Justices of Flintshire, 
 15 L. J. (N. S.) M. C. 50 ; B. v. Justices of Huntingdon- 
 shire, 19 L. J. (N. S.) M. C. 127 ; Prosser v. Hyde, 1 
 T. R. 414. 
 
 As to notice " forthwith," Ex parte Lowe,'3 D. & L. 737; JR. v. 
 Justices of Ely, 1 Jur. N. S. 1019 ; 12 A. & E. 672; 3 B. 
 & C. 658 ; 8 M. & W. 281 ; B. v. Aston, 1 L., M. & P. 
 491. 
 
 As to " immediate" notice, B. v. Justices of Huntingdonshire, 
 
 5 D. & R. 588 ; 2 D. & R. Mag. Cas. 594; Be Blues, 1 
 Jur. N. S. 541 ; 24 L. J. (N. S.) M. C. 138 ; 19 J. P. 292; 
 Page v. Pearce, 8 M. & W. 677 ; Grace v. CUnch, 4 Q. B. 
 606; B. y. Aston, 19 L. J. (N. S.) M. C. 236; 15 J. P. 
 9 ; 14 Jur. 1045 ; I L., M. & P. 49] ; see Paley, 4th ed. 
 p. 305. 
 
 As to " after cause of complaint arose," B. v. Justices of Devon, 
 1 M.& S. 411 ; when the last of the days falls on a Sunday, 
 notice given on the Monday is too late {B. v. Justices of 
 Middlesex, 2 Dowl. N. S. 719). 
 
 Rules of ses- It sliould be remembered that every court of quarter sessions 
 
 Eions as to h^g power to frame regulations for the convenient transaction 
 
 of its business, and that amongst these regulations are often 
 
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CHAP. I.] Sect. 8, Of Appeals, ^c. against Judgments. 197 
 
 found provisions regulating the length of notice of appeal, 
 which rules, when not in themselves unreasonable, or contrary 
 to any statutable provision, have the force and effect of law 8. 
 
 As regards iheform of the notice of appeal, it may be laid Form of no- 
 down as a general rule, that unless the legislature requires it to ^g^^] „],g„ 
 be in writing, it may be verbal only 9 ; but inasmuch as it will in writing, 
 be requisite upon the trial of the appeal to be in a situation 
 to prove the actual giving of the notice of appeal, whether 
 verbal or written, it is advisable that it should in every case be 
 in the latter form 10. A joint-notice by several defendants, 
 although separate recognizances and separate convictions were 
 returned, was held to be sufficient {R. v. Justices of Oxford- 
 shire, 4 Q. B. 177). 
 
 It is often required that the notice of appeal shall state Statement of 
 the particular grounds or matters upon which the appellant g'""^^ "^ 
 intends to support his appeal, and when this is the case great 
 care should be taken that the grounds are fully and clearly 
 stated, and where the ground is that the appellant is not 
 guilty upon the merits, a general allegation " that he is not 
 guilty of the said offence" is sufficient 11. By the 12 & 13 Vict, 
 c. 45, s. 3, defects in statements of grounds of appeal may be 
 amended by the court of quarter sessions, on payment of costs 
 or postponement of the trial or both, and no objection to the 
 form of setting forth any ground of appeal, &c. is to prevail. 
 By s. 4, appellants giving frivolous or vexatious grounds of 
 appeal are liable to pay the respondent the whole or part of his 
 costs in disputing same. 
 
 The notice when in writing should be directed to all the To whom no- 
 parties described by the particular statute upon the subject, and *i'=« "> ^ 
 where there is no description, to such persons as the proceedings S ""' ^^ 
 point out as the natural respondents, and this by their names 
 and their offices if they have acted in an official capacity. 
 Where two justices have made the conviction, the notice must 
 
 7 ^,-^' ■'; ,'5"''<'«« of Montgomeryshire, 14 L. J. (N. S.l M C UO ■ B ^ 
 J^ust.e.ofWar.icksMre, Id. 39, /J. v. /^.^.^/^r.^-Js W^irsfsaund 
 
 JAVT^'r "fff^V'^ B- & Aid. 626 , n. V. Justices of Surrey, S Id 
 
 10 Saund. Prao. 261 ; vide form of notice, post, p. 201 
 U R. V. Justices of Oxfordshire, 1 B. & C. 279 | R. v Sheard 2 B * r 
 856, R. V. Justices of Westmoreland, 10 B. & C 226 ffl v Zf,) / x^ ^• 
 castte.upon.Tyne, 1 B. & Ad. 933 , 1 M. & S.'iu f P^:. ^ ed.! f/Z] 
 
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198 
 
 The recog- 
 nizance to pro- 
 secute appeal. 
 
 Suspension of 
 execution 
 during appeal. 
 
 Summary Convictions and Orders. [pabt i. 
 
 be given to each 13. The service need not be personal unless 
 the statute requires it to be so, but it will be sufficient if it is 
 left at the dwelling-house of the party with his wife or servant, 
 or other member of his household, so that it can reasonably be 
 presumed to have come to his hands 13. The notice, unless 
 the statute clearly imports the reverse, may be given by the 
 attorney for the appellant (iZ. v. Justices of Middlesex, 20 
 L. J. (N. S.) M. C. 42), the 12 & 13 Vict. 45, as we have 
 seen, ante, p. 192, note 6, not applying in this respect to sum- 
 mary convictions. 
 
 The mode and time of entering into the recognizances to 
 prosecute the appeal is provided by the particular statute 14. 
 Formerly, the invalidity of it prevented the exercise of the 
 right of being heard at the sessions ; but this hardship is re- 
 moved by the 12 & 13 Vict. c. 45, s. 8, which empowers the 
 court of quarter sessions to allow the substitution of a new and 
 sufficient recognizance. 
 
 The question, whether execution is suspended by an appeal, 
 mainly depends upon the statute under which the conviction 
 or order is made. In some cases execution is expressly stayed 
 pending the appeal ; in some few cases, where no such express 
 terms are found in the act, it may be right to allow execution 
 to go, notwithstanding the appeal, in order to give full effect 
 to the intention of the legislature (Paley, 4th edit. p. 304); 
 but as it has been lately said, " in the vast majority of cases it 
 would be exceedingly improper in the justice to grant a warrant 
 after the notice and recognizance, and before the hearing of 
 the appeal, or before the time for hearing it has expired; and 
 acting from a corrupt motive, he might be liable to an action 
 on the case for maliciously granting it" 15. 
 
 12 R. V. Justices of Bedfordshire, 11 A. & E. 134 ; 3 P. & D. 21 j it f. 
 Justices of Cheshire, 11 A. & E. 139 ; 3 P. & D. 23. Service on the attorney 
 of the magistrate is bad, R. v. Kimbolton, 6 A. & E. 603. 
 
 13 Saund. Pr. 262 ; R. v. Justices of North Riding of Yorkshire, 7 Q. B. 
 154; 14 L. J. (N. S.) M. C. 92 ; and see R. v. Justices of Cheshire, 11 A. & 
 E. 139; 15 L.J. (N.S.) M. C. 114; and R. v. Peacock, Id. 132. 
 
 14 f^ide forms of recognizance and notice thereof, post, pp. 201, 202. 
 The justices have no jurisdiction to decide, before taking the recognizances, 
 whether the notice of appeal is sufficient (ite Carter, 24 L. J. (N. S.) M. C. 
 
 15 Per Lord Campbell, C. J., in Kendall v. Wilkinson, 4 El. & Bl. 680; 
 24 L. J. (N. S.) M. C. 89, 92 ; 1 Jur. N. S. 538. The case was under the 
 Bastardy Act, 7 & 8 Vict. c. 101, s. 3, and decided that the warrant might 
 issue pending the appeal. The learned judge, in giving judgment, further 
 said, — "There is no universal juridical maxim or rule that an appealer 
 writ of error is a stay of execution pending the appeal or writ of error. In 
 
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CHAP. I.] Sect. 8. Of Appeals, ^c. against Judgments. 199 
 
 By the 12 & 13 Vict, c. 45, s. 11, it is enacted : Stating case 
 
 " That at any time after notice given of appeal to any court of (.ouf"aftgf „„. 
 general or quarter sessions of the peace against any judgment, tice of appeal 
 order, rate or other matter 16 (except an order in bastardy, or and without 
 a proceeding under or by virtue of any of the statutes relating Igggj^^g^ 
 to her Majesty's revenue of excise or customs, stamps, taxes 
 or post office), for which the remedy is by such appeal, it 
 shall be lawful for the parties, by consent, and by order of 
 any judge of one of the superior courts of common law at 
 Westminster, to state the facts of the case in the form of 
 a special case for the opinion of such superior court, and 
 to agree that a judgment in conformity with the decision of 
 such court, and for such costs as such court shall adjudge, 
 may be entered on motion by either party at the sessions 
 next or next but one after such decision shall have been 
 given, — and such judgment shall and may be entered ac- 
 cordingly, and shall be of the same effect in all respects as if 
 the same had been given by the court of general or quarter 
 sessions upon an appeal duly entered and continued 17." 
 
 our courts of equity an appeal is no stay of execution without a special 
 order for that purpose, as has been lately authoritatively declared in the 
 case of Hope v. Hope (23 L. J. (N. S.) Chanc. 682) by the present Lord 
 Chancellor for the information of the tribunals of France. According to the 
 common law of England, a writ of error, even when allowed and returnable, 
 is no supersedeas of execution in criminal cases, where there has been 
 sentence and imprisonment. If the party convicted was in prison under his 
 sentence when the writ of error was sued, he continued in prison pending 
 the writ of error ; and if he was not, he might still be taken and imprisoned 
 pending the writ of error. In The King v. Brooke (2 T. R. 196), this court 
 intimated an opinion that a commitment under the Vagrant Act was lawful, 
 pending an appeal given by the stalute against the conviction. Buller, J., 
 observes, — ' It is said that it is strange that the party should suffer the 
 punishment while the appeal is pending, but we are to consider it like a 
 case of a writ of error, which does not suspend the execution of a judgment 
 which it is brought to reverse.' The common law upon the subject is 
 illustrated by Lord Lyndhurst's Act, 16 & 17 Vict. c. 32, for allowing, on 
 certain conditions, a stay of execution of judgment for misdemeanors after a 
 writ of error (see, under 8 & 9 Vict. c. 68, Duadale v. The Queen, 24 L. J. 
 (N. S.) M. C. 55). From the 27th sect, of the stat. 11 Sc 12 Vict. c. iS, 
 post, p. 203, it might be argued, that, pending an appeal, justices are not at 
 liberty to grant a warrant in execution, as they are thereby expressly autho- 
 rized to grant the warrant after the appeal is determined ; but sect. 35 
 enacts that the act shall not extend to any complaints, orders or warrants in 
 matters of bastardy made against the putative father of any bastard child, 
 with certain exceptions, which do not include the warrant in question." 
 Where an appeal is made under the act 20 & 21 Vict. c. 43, post, p. 206, the 
 appellant is to be liberated if in custody (s. 3) ; and by sect. 9 the justices 
 are to issue their warrants after the decision of the superior court is given. 
 
 16 According to the opinion of Mr. Foot, in his useful edition of the 12 
 & 13 Vict. c. 45, these words would include a conviction, or at any rate that 
 part of it which forms the judgment (see p. 40). 
 
 17 Mr. Saunders, in his Prac. of Magis. Courts, p. 279, says, — " If it is 
 intended to take advantage of this section, the proceedings will be as 
 
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200 Summary Convictions and Orders. [part i. 
 
 Other pro- The other provisions of the statute 12 & 13 Vict. c. 45, 
 
 visions of 12 & ^),igh will also apply to summary convictions and orders, mav- 
 is Vict. c. 45. . ri J ^ < 
 be shortly stated : 
 
 Sessions to have a general power to give costs in all cases of 
 appeal before them, to be recovered in the mode provided by 
 the Stat. 11 & 12 Vict. c. 43 (s. 5). See s. 27, post, pp. 203, 
 204, and note of cases thereto, p. 204. 
 
 Notices of appeals not prosecuted, court may order the party 
 giving the notice to pay to the party receiving it his costs, 
 recovered in the usual manner (s. 6). [The sessions cannot 
 hear the appeal at the instance of the respondents. See 
 Paley, 4th ed. p. 323, n.] 
 
 Orders or judgments on appeal or return to certiorari may he 
 amended (s. 7). [The word "judgments" would seem to 
 include convictions. (Paley, 4th ed. p. 327.)] 
 
 Decisions of sessions to be final in the four following cases : upon 
 any question as to the sufficiency of the statement of the 
 grounds of appeal under the 3rd section ; as to the amending 
 or refusing to amend any order of justices under the 7th sec- 
 tion, or the statement of the grounds of appeal under the 
 3rd section ; and as to the substitution of a new recognizance 
 under the 8th section (s. 9). 
 
 References may be made to arbitration in cases of orders!, &c. (not 
 convictions), under 9 & 10 Will. 3, c. 15 (s. 12). See 17 
 & 18 Vict. c. 125, ss. 5, 12, 17. 
 
 Court of quarter sessions may in cases of appeal (not against a 
 conviction) order by consent, that the matters of appeal be 
 referred to arbitration (s. 13) ; and where reference abortive, 
 Queen's Bench may order sessions to hear the appeal (s. 14). 
 
 follows : — Notice of appeal must be given, and then a consent should be ob- 
 tained, which had better be in writing (a form of which may be easily drawn 
 from the form of special case, post, pp. 202, 203), that the facts in dispute 
 shall be stated under the provisions of this statute in the shape of a special 
 case for the opinion of one of the superior cou.ts. An application upon 
 such consent will then be made to a judge for an order for the facts to be so 
 stated in the form of a special case for the opinion of such court, &c. ; here- 
 upon an order will be made which will contain the terms of submission 
 contained in the concluding portion of the section. The special case will 
 then be drawn by the appellant, and submitted to the other side for ap- 
 proval, and if the parties cannot agree upon the facts, reference should be 
 made to the justices who heard the case, to settle them. There is no par- 
 ticular form of case required ; the facts, however, should be clearly stated, 
 and the question or questions upon which the court are to decide concisely 
 set out." Vide Form, post, p. 202. The practice is to give costs as between 
 party and party i^Earl of Clarendon v. Rector of St. James, IVestminster, 20 
 L. J. (N.S.) M. C. 213). As to the practice on the argument of such 
 special cases, see Justices of Bedfordshire v. St. Paul's, Bedfordshire, 7 Exch. 
 650 ; 21 L. J. (N. S.) M. C. 228 ; Paley, *th ed., pp. 329, 330 ; R. v. Dick- 
 enson, 26 L. J. (N. S.) M. C. 204. 
 
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CHAP. I.] Sect. 8. Of Appeals, S^c. against Judgments. 201 
 
 Provisions of 3 & 4 Will. 4, c. 43, to be applicable to references 
 under this act ; and arbitrators or umpire to have the same 
 powers of amendment as quarter sessions have (s. 15). 
 
 Recognizances for prosecution and trial of appeal not forfeited by 
 agreement to state a case ■without going to the court of 
 quarter sessions, or by any submission to arbitration under 
 the act (s. 16). 
 
 The 17th section assimilates the proceedings for the levying and 
 recovering of fines, issues and amerciaments with those upon 
 a forfeited recognizance under 3 Geo. 4, c. 46. 
 
 Orders of general or quarter sessions to be enforced by attach- 
 ment from the Court of Queen's Bench (s. 18), instead of by 
 indictment; and no certiorari is necessary to remove the 
 order of sessions. (Hawker v. Field, 20 L. J. (N. S.) M. 
 C. 41.) 
 
 Forms. 
 
 To C. D. of &c., and {the names and additions of the parties Notice of ap- 
 
 to whom the notice of appeal is required to be given.] peal against a 
 
 This is to give you [and each and every of you] notice, that I the conviction or 
 undersigned A. B., of &c. do intend [or if given by attorney that A. B., "oraer. 
 of &c. intends] to enter and prosecute an appeal at the next general 
 
 tor quarter] sessions of the peace to be holden at , in and for the 
 county] of , against a certain conviction \or order] bearing date 
 
 on or about the day of instant, and made by \}jou\ J. S., 
 
 Esquire, [one] of her Majesty's justices of the peace for the said [county] 
 of [or for the counties of and , being next adjoin- 
 ing counties], whereby [I] the said A. B. was convicted of having 
 
 \or was ordered to pay ], as therein and thereby is alleged [here 
 
 state the offence as in the conviction, information or summons ; or the 
 amount adjudged to be paid, as in the order, as correctly as possible ; 
 or if the conviction be not already drawn up, for having committed such 
 offence as in the said conviction when drawn up may or shall appear] : 
 And farther, take notice that the grounds of my [or the said A. B.'s] 
 appeal are — first, that I am [or the said A. B. is] not guilty of the said 
 offence ; secondly, that the formal conviction drawn up and returned 
 to the sessions is not in law sufficient to support the said conviction of 
 me the said A. B. [together with any other grounds, care being taken 
 that all are stated, as the appellant will be precluded from going into 
 any other than those stated], of all which premises you [and each and 
 every of youj are hereby desired to take notice. 
 
 Dated this day of , 1858. 
 
 ^ A. B. 
 
 [Or T. W. residing at , attorney 
 
 for and on behalf of the said appel- 
 lailt A. B.] 
 
 [Proceed as in the form of recognizance, No. 13, ante, p. 121 (E), Recognizance 
 
 stating the condition thus:] The condition of the within- written re- to try the ap- 
 
 cognizance is such, that if the said A. B. shall personally appear at the peal, &a. 
 
 next general [or quarter] sessions of the peace to be holden at , 
 
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202 
 
 Summary Convictions and Orders. [part i. 
 
 in and for the said [county'\ of , and there enter and prosecute an 
 
 appeal against a certain conviction [or order] bearing date the ■ 
 
 (Jay of instant, and made by me the said justice, whereby he 
 
 the said A. B. was convicted, for that he the said A. B. did, on the 
 
 day of , at the parish of , in the said [county'] of 
 
 [here set out the offence or cause of complaint as stated in the con- 
 viction or order] ; and further, that if the said A. B. shall abide by and 
 duly perform the order of the court to be made upon the trial of such 
 appeal, then the said recognizance to be void, or else to remain in full 
 force and virtue. 
 
 Notice of such 
 recognizance. 
 
 Special case 
 out of sessions, 
 under sect. 1 1 
 of 12 & 13 Vict. 
 u. 45 18. 
 
 Take notice, that you, A. B., are bound in the sum of « pounds, 
 
 and you, L. M. [and N. O.], in the sum of [each], that you the 
 
 said A. B. personally appear at the next general for quarter] sessions 
 
 of the peace to be holden at , in and for the said [county'] of , 
 
 and there enter and prosecute an appeal against a conviction [or order] 
 dated the day of instant, whereby you, A. B., were con- 
 victed of [stating offence or order shortly], and abide by and perform 
 the order of the court, to be made upon the trial of such appeal ; and 
 unless you appear and prosecute such appeal accordingly, the recogni- 
 zance entered into by you and your sureties will forthwith be levied 
 
 on you and them. Dated this day of , 1858. 
 
 J.S. 
 
 In the [Queen's Bench]. 
 
 In the Matter of an Appeal. 
 
 Between A. B., appellant, 
 and 
 C. D., respondent. 
 
 At a petty sessions holden at, in and for the division of , in the 
 
 [county] of , on the day of , before J. L. and J. S., 
 
 esquires, two of her Majesty's justices of the peace in and for the said 
 [county], certain information [or complaint] preferred by one C. D., of 
 
 , (hereinafter called the " respondent,") against A. B., of , 
 
 (hereinafter called the "appellant,") under section of the Act 
 
 charging [or alleging] that the appellant [here state the offewe 
 
 or cause of complaint as in the information or complaint], and the 
 respondent and appellant being respectively present then and there, the 
 said charge [or cause of complaint] was duly heard by the justices 
 aforesaid m due form of law : And whereas upon such hearing it was 
 proved in evidence on the part of the respondent, the informant [or 
 prosecutor or complainant] in that behalf, that [here state the facts 
 which give rise to the question or questions to be decided] : And 
 whereas, upon the hearing of the said information [or complaint] as 
 aforesaid, the appellant was duly convicted by the said justices as afore- 
 said of the said offence, and was adjudged to [or defendant was ordered 
 
 to pay to the respondent the sum of ] [here state the aJjvdiea- 
 
 tion of penalty, sum or imprisonment and costs, as in a conviction, 
 ante, p. 152, or an order, ante, p. 155] : And whereas the appellant 
 hath given due notice of appeal against the said conviction [or order] 
 
 pursuant to section of the said Act , on the following grounds : 
 
 [set them out] : And whereas it hath been agreed by and between the 
 
 18 This form has been adapted from one in Saund. Pr. Magis. Courts, 
 p. 279. 
 
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CHAP. I,] iSeci. 8. Of Appeals, ^c. against Judgments. . 203 
 
 appellant and respondent, that, pursuant to section 11 of the statute 
 12 & 13 Vict. c. 45, the facts of the said case should be stated in the 
 form of a special case for the opinion of the Court of Queen's Bench 
 \or Common Pleas, w Exchequer of Pleas] : And whereas, in pur- 
 suance of the said agreement and the said statute, an order hath been 
 made by the Honorable Mr. Justice [Erie], which order is as follows 
 \set out the order] : 
 
 It is contended on the part of the appellant that , which is dis- 
 puted by the respondent, who alleges that . 
 
 The question for the opinion of the court of [Queen's Bench] is 
 [here state the question at issue]. 
 
 If the court shall be of opinion in the affirmative thereof, then the 
 appellant agrees that a judgment in conformity with such decision and 
 for such costs as the court may adjudge, may be entered on motion by 
 the respondent at the sessions next or next but one after such deci- 
 sion shall have been given. 
 
 If the court shall be of a contrary opinion, then the respondent 
 agrees that a judgment in conformity with the decision of such court, 
 and for such costs as such court may adjudge, may be entered on 
 motion by the appellant at the sessions next or next but one after such 
 decision shall have been given. 
 
 [To be dgned by the parties, their counsel or attomies.'] 
 
 2. Enforcing Judgment when confirmed on Appeal, 
 with Costs. 
 By sect. 27 of the 11 & 12 Vict. c. 43, it is enacted, — " that After convio- 
 after an appeal against any such conviction or order as aforesaid *'°"(;°J„"c| ^us- 
 shall be decided, if the same shall be decided in favour of the tices to en- 
 respondenis, the justice or Justices who made such conviction or f™'=^> 
 order, — or any other justice of the peace of the same county, 
 riding, division, liberty, city, borough or place, — may issue 
 such warrant of distress or commitment as aforesaid for execu- 
 tion of the same, as if no such appeal had been brought; — and if either party 
 if upon any such appeal the court of quarter sessions shall [he^sIme°o'be 
 order either party to pay costs, such order shall direct such paid to clerk of 
 costs to be paid to the clerk of the peace of such court, to be P^*<=6- 
 by him paid over to the party entitled to the same, and shall 
 state within what time such costs shall be paid ; — and if the 
 same shall not be paid within the time so limited, and the 
 party ordered to pay the same shall not be bound by any re- 
 cognizance conditioned to pay such costs, such clerk of the 
 peace or his deputy, upon application of the party entitled to 
 such costs, or of any person on his behalf, and on payment of 
 a fee of one shilling, shall grant to the party so applying a 
 certificate (R, p. 204) that such costs have not been paid ; — 
 and upon production of such certificate to any justice pr justices 
 
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204 
 
 Summary Convictions and Orders, [part i. 
 
 Justice to of the peace for the same county, riding, division, liberty, city, 
 
 issue distress {jorouo-h or place, it shall be lawful for him or them to enforce 
 
 warrant for o , «,. /cii-/.v 
 
 same, and in the payment of such costs by warrant ot distress (to 1, infra) 
 
 default commit -^^ manner aforesaid, — and in default of distress he or they 
 to prisoiii 
 
 may commit (S 2, p. 205) the party against whom such 
 
 warrant shall have issued in manner hereinbefore mentioned 
 for any time not exceeding three calendar months, unless the 
 amount of such costs, and all costs and charges of the 
 distress, and also the costs of the commitment and con- 
 veying of the said party to prison, if such justice or justices 
 shall think fit so to order (the amount thereof being ascer- 
 tained and stated in such commitment), shall be sooner 
 paid" 19. 
 
 (R) Certificate 
 of clerk of 
 peace that the 
 costs of an ap- 
 peal are not 
 paid. 
 
 (S 1) Warrant 
 of distress for 
 costs. 
 
 FOKMS. 
 
 Office of the clerk of the peace for the \county\ of . 
 
 {Title of the Appeal.) 
 I hereby certify that at a court of general quarter sessions of the 
 
 peace holden at in and for the said [county^ on last past, an 
 
 appeal by A. B. against a conviction [or " oider"J of J. S., esquire, 
 one of her Maje'sty's justices of the peace for the said \county], came 
 on to be tried, and was then heard and determined, and the said court 
 of general quarter sessions thereupon ordered that the said conviction 
 
 tor " order"] should be confirmed {or " quashed"], and that the said 
 appellant'\ should pay to the said \respondent'\ the sum of for his 
 
 costs incurred by him in the said appeal, and which sum was thereby 
 ordered to be paid to the clerk of the peace of the said county on or 
 
 before the day of instant, to be by him handed over to the 
 
 said {respondent} ; and I further certify that the said sum for costs has 
 not, nor has any part thereof, been paid in obedience to the said order. 
 
 Dated the day of , 185 — . 
 
 G. H. 
 {deputy'] clerk of the peace. 
 
 To the constable of , and to all other peace officers in the 
 
 said {county'\ of . 
 
 Whereas [&c. as in the warrant of distress ( (N 1), ante, p. 178) on 
 a conviction {or an order, as (N 2), ante, p. 185), to the end of the 
 statement of the conviction or order, and then <Ams] : And whereas the 
 
 19 This section establishes one general rule and uniform practice as to 
 Summai-y Convictions and Oi-ders (and to those cases only (see Ex parte 
 Huntley, 23 L. J. (N. S.) M. C. 106 ; 3 EI. & Bl. 172 ; 22 Law T. 223 ; 18 
 J. P. 520 J 18 Jur. 745), and Proceedings on Appeals, and impliedly 
 repeals the provisions of any previous statute in which there is a different 
 enactment as to the costs of appeal (see R. v. Hellier, 21 L. J., M. C. 1 i 17 
 Q. B. 229 ; 15 J. P. 674 ; R. v. Binney, 1 El. & Bl. 810 ; 22 L. J. (N. S.) 
 M. C. 127; R. v. Justices of Ely, 1 Jur. N. S. 1017); and this does not ap- 
 pear to be altered by the 12 & ] 3 Vict. o. 45, s. '5 ; see also Reg. v. Pach- 
 wick, 22 J. P. 67. 
 
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CHAP. 1.] Sect. 8. Of Appeals, ^c. against Judgments. 205 
 
 said A. B. appealed to the court of general quarter sessions of the peace 11 & IS Vict, 
 for the said '^county] against the said conviction [or order], in which c. 43. 
 
 appeal the said A. B. was the appellnnt, and the said C. D. [or J. S., 
 
 esquire, the justice of the peace who made the said conviction or ' 
 order] was the respondent, and which said appeal came on to be 
 tried, and was heard and determined, at the last general quarter ses- 
 sions of the peace for the said [county] holden at on , and the 
 
 said court of general quarter sessions thereupon ordered that the 
 said conviction [or order] should be confirmed [or quashed], and 
 that the said [appelJard] should pay to the said [responderd] the sum 
 
 of for his costs incurred by him in the said appeal, which said 
 
 sum was to be paid to the clerk of the peace of the said [county] on or 
 
 before the day of , 184 — , to be by him handed over to the 
 
 said [CD.]: And whereas the [deputy] clerk of the peace of the said 
 
 [county] hath, on the day of instant, duly certified that the 
 
 said sum for costs had not then been paid : (*) These are therefore to 
 command you in her Majesty's name forthwith to make distress of the 
 
 goods and chattels of the said [A. B.], and if within the space of 
 
 days next after the making of such distress the said last-mentioned 
 sum, together with the reasonable charges of taking and keeping the 
 said distress, shall not be paid, that then you do sell the said goods 
 and chattels so by you distrained, and do pay the money arising from 
 
 such sale to , the clerk of the justices of the peace for the division 
 
 of , in the said [county], that he may pay and apply the same as 
 
 by law directed, and if no such distress can be found then that you 
 certify the same unto me, to the end that such proceedings may be had 
 therein as to the law doth appertain. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our Lord , at , in the [county] aforesaid. 
 
 J.N. (L.S.) 
 
 To the constable of and to the keeper of the [house of cor- (S 2) Commit- 
 
 rection] at , in the said [county] of '■. ment for want 
 
 Whereas [&c. as in the lastjorm to the asterisk (*), and then thus] : of distress. 
 And whereas afterwards, on the day of , in the year afore- 
 said, I the undersigned issued a warrant to the constable of com- 
 manding him to levy the said sum of for costs by distress and sale 
 
 of the goods and chattels of the said A. B. : And whereas it appears 
 to me, as well by the return of the said constable to the said warrant 
 of distress as otherwise, that the said constable hath made diligent 
 search for the goods and chattels of the said [A. B.], but that no suffi- 
 cient distress wnereon to levy the sum above mentioned could be found : 
 
 These are therefore to command you the said constable of to take 
 
 the said A. B., and him safely to convey to the [house of correction] 
 
 at aforesaid, and there deliver him to the said keeper thereof 
 
 together with this precept ; and I do hereby command you the said 
 keeper of the said [house of correction] to receive the said A. B. into 
 your custody in the said [house of correction], there to imprison him 
 
 [and keep him to hard labour] for the space of , unless the said 
 
 sura, and all costs and charges of the said distress [and of the commit- 
 ment and conveying of the said A. B. to the house of correction], 
 
 amounting to the further sum of , shall be sooner paid unto you 
 
 the said keeper ; and for your so doing this shall be your sufficient 
 warrant. 
 
 Given, &c. [as S 1, supra]. 
 
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206 
 
 Summary Convictions and Orders. [part i. 
 
 Preliminary 
 observations. 
 
 Justices on ap- 
 plication of a 
 party ag- 
 grieved to state 
 a case for the 
 opinion of su- 
 perior court. 
 
 3. Stating Case for Opinion of Superior Court on Questions 
 of Law. 
 
 By the 20 & 21 Vict. c. 43, intituled " An Act to improve the 
 Administration of the Law so far as respects Summary Pro- 
 ceedings before Justices of the Peace," the opinion of a superior 
 court at Westminster on questions of lam, which arise before 
 justices of the peace in the exercise of their summary juris- 
 diction, may now be obtained on a case stated by the justices at 
 the request of either party (s. 2), the application not being 
 merely -frivolous (s. 4), or in obedience to a rule from the Court 
 of Queen's Bench (s. 5), or on the application of the Attorney- 
 General (s. 4), the appellant entering into a recognizance to 
 abide the judgnoent of the superior court on the appeal, and 
 complying with other conditions in the act (s. 3), the justices 
 not being liable to any costs in respect or by reason of such 
 appeal (s. 6), but having the power, without the risk of an 
 action, of enforcing the conviction or order after the decision of 
 the superior court affirming or amending it, has been made (s. 
 9). Previous to this act, it was always felt as a great blemish 
 in our law, that there was no such power as is given in this 
 statute, and no means of reviewing the decisions and proceed- 
 ings of justices acting within their jurisdiction 1, except in 
 those few cases in which an appeal was allowed against the 
 conviction or order ; but with respect to \he facts of any case, 
 the justices are still the sole judges, and their determination 
 thereon is not subject to review except by appeal, which right, 
 when given (for this act is not confined to such cases only), is 
 to be taken to have been abandoned, when the party aggrieved 
 appeals under this act (s. 14), 
 
 Sect. 2 enacts, — " after the hearing and determination by a 
 justice or justices of the peace 2, of any information or com- 
 
 1 In the first case under this act (Flannagan v. Overseers of Bishopviear- 
 mouth, 21 J. P. 725; 27 L. J. (N. S.) M. C. 46), the Court of Queen's 
 Bench is reported to have said — " This is a case stated under a recent 
 statute, which vpill be found most beneficial, for here is an instance that, 
 without the aid of that act, there would have been no power of revising the 
 summary proceedings of justices acting within their jurisdiction." It may 
 also be observed, that the remedy by appeal, when given, is only to a de- 
 fendant, whereas under the present act it is allowed to the complainant 
 also, "either party to the proceeding" who is dissatisfied with the decision 
 being entitled to ask for a case. 
 
 2 These words "justice or justices" are, by s. 12, to "include a magistrate 
 of the police courts of the metropolis and any stipendiary magistrate." 
 
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CHAP. I.] Sect. 8. Of Appeals, S^c. against Judgments. 207 
 
 plaint which he or they have power to determine in a sum- 20 & 21 Vict 
 mary way 3, by any law now in force or hereafter to be made, "■ ^^• 
 either party to the proceeding before the said justice or justices 
 may, if dissatisfied with the said determination as being er- 
 roneous in point of law, apply in writing 4 within three days 
 after the same to the said justice or justices, to state and sign a 
 case 5 setting forth the facts and the grounds of such determi- 
 nation for the opinion thereon of one of the superior courts of 
 law 6 to be named by the party applying ;— and such party, Notice to otlier 
 hereinafter called " the appellant," shall, within three days party. 
 after receiving such case, transmit the same to the court named 
 in his application, first giving notice in writing of such appeal, 
 with a copy of the case so stated and signed, to the other party 
 to the proceeding in which the determination was given, here- 
 inafter called the respondent 7." 
 
 Sect. 3 enacts, — " The appellant, at the time of making such Security to be 
 
 application, and before a case shall be stated and delivered to g'^^" ^y ^^^ 
 ,. , , . . , , appellant to 
 
 him by the justice or justices, shall, m every instance, enter into prosecute ap- 
 
 a recognizance before such justice or justices, or any one or P^^^' 
 more of them, or any other justice exercising the same juris- 
 diction, with or without surety or sureties, and in such sum as 
 to the justice or justices shall seem meet, conditioned to prose- 
 cute without delay such appeal, and to submit to the judgment 
 of the superior court, and pay such costs as may be awarded 
 by the same 8 ; — and the appellant shall at the same time, and 
 
 3 This act will be more extensive in its operation than Jervis's Act, 
 11 & 12 Vict. c. 43, for it will apply to all summary cases, even those ex- 
 cepted by the 35th section of that act, ante, pp. 90, 91, i. e. orders as to luna- 
 tics, revenue cases, orders in bastardy and factory cases, and also to many 
 of the matters to be done in special sessions and petty sessions, treated of in 
 Part III. of this Work. It will apply also to where the information or com- 
 plaint is dismissed, the case being stated by the justices on the application 
 of the complainant, the party aggrieved by that determination (see Potter 
 v. Berry and another, 21 J. P. 756). It is not necessary that the conviction 
 or order, or order of dismissal, be returned to the court (see s. 10, post, 
 p. 210), and, therefore, the justices need not draw up and sign the order 
 of dismissal, L, mentioned ante, p. 132, for the purpose of this appeal, 
 although they are required so to do by the defendant. 
 
 4 Vide form of application, No. 1, post, p. 211. 
 
 5 Vide form of case. No. 3, post, p. 212. 
 
 6 By sect. 1, the words "superior courts of law" "shall for England 
 mean the supreme [sic] courts of law at Westminster." 
 
 7 Vide form of notice from appellant to respondent, No. 6, post, p. 214. 
 
 8 Vide forms of this recognizance and notice thereof, Nos. 4, 5, post, p. 213. 
 Sect 13 provides how these recognizances are to be enforced ; it enacts, — 
 " in all cases where the conditions, or any of them, in the said recognizance 
 mentioned shall not have been complied with, the justice or justices who 
 shall have taken the same, or any other justice or justices, shall certify upon 
 
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208 
 
 Appellant to 
 pay justices' 
 clerk's fees 
 before case de- 
 livered to him. 
 
 Justices may 
 refuse a case 
 where they 
 think the ap- 
 plication 
 frivolous. 
 
 Summary Convictions and Orders. [part i, 
 
 lefore he shall be entitled to have the case delivered to him, 
 pay to the clerk to the said justice or justices, his fees for 
 and in respect of the case and recognizances, and any other 
 fees to which such clerk shall be entitled, which fees, ex- 
 cept such as are already provided for by law, shall be ac- 
 cording to the schedule to this act annexed, marked (A) 9, 
 until the same shall be ascertained, appointed and regulated in 
 the manner prescribed by the statute 11 & 12 Vict. c. 43, s. 
 30 10 ; — and the appellant, if then in custody, shall be liberated 
 upon the recognizance being further conditioned for his appear- 
 ance before the same justice or justices, — or, if that is imprac- 
 ticable, before some other justice or justices exercising the same 
 jurisdiction who shall be then sitting, — within ten days after 
 the judgment of the superior court shall have been given, to 
 abide such judgment, unless the determination appealed against 
 be reversed." 
 
 Sect. 4 enacts, — " If the justice or justices be of opinion 
 that the application is merely frivolous, but not otherwise, he 
 or they may refuse to state a case, and shall, on the request 
 of the appellant, sign and deliver to him a certificate of such 
 refusal 11 ; — provided, that the justice or justices shall not re- 
 fuse to state a case where application for that purpose is made 
 to them by or under the direction of her majesty's attorney- 
 general for England or Ireland, as the case may be." 
 
 the back of the recognizance in what respect the conditions thereof have 
 not been observed, and transmit the same to the clerk of the peace of the 
 county, riding, division, liberty, city, borough or place within which such 
 recognizance shall have been taken, to be proceeded upon in like manner as 
 other recognizances forfeited at quarter sessions may now by law be en- 
 forced, — and such certificate shall be deemed sufficientprini(!/acic evidence of 
 the said recognizance having been forfeited ;" with a proviso, that where the 
 recognizances are taken before a metropolitan police or a stipendiary magis- 
 trate, the sums of money in which the persons are bound may, if those 
 magistrates think fit, be levied, upon the recognizances being forfeited and 
 on non-payment, with costs, in the same manner as authorized as to penalties 
 by sect. 45 of 2 & 3 Vict. c. 71. A question occurs on this section; How 
 are the justices to know officially that the conditions of the recognizance, 
 as to prosecuting the appeal, have not been complied with ? 
 
 9 The schedule is as follows : — 
 
 " Fees to be taken by clerks to justices. ». d. 
 
 For drawing case and copy, where the case does not exceed five 
 
 folios of ninety words each 10 
 
 Where the case exceeds five folios, then for every additional folio 1 
 For the recognizance to be taken in pursuance of the act ... 50 
 
 For every enlargement or renewal thereof 26 
 
 For certificate of refusal of case 2 0" 
 
 10 Jervis's Act, II & 12 Vict. c. 43, s. 30, ante, p. 84. 
 
 11 Vide form of certificate of refusal, No. 2, post, p. 211. 
 
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CHAP. I.] Sect. 8. Of Appeals, ^c. against Judgments. 209 
 
 Sect. 14 enacts, — " Any person who shall appeal under the Appella'nts 
 provisions of this act against any determination of a justice nofallowed to 
 or justices of the peace, from which he is by law entitled to appeal to quar- 
 appeal to the quarter sessions, shall be taken to have abandoned '^"^ sessions. 
 such last-mentioned right of appeal, finally and conclusively, 
 and to all intents and purposes." 
 
 Sect. 5 enacts, — " Where the justice or justices shall refuse Where justices 
 
 to state a case as aforesaid, it shall be lawful for the appellant "fusei Court of 
 1 I /-I !• /-. > T. 1 n. 1 ■ r. Queen's Bench 
 
 to apply to the Court or Queens Bench upon an affidavit of may by rule 
 
 the facts for a rule calling upon such justice or justices, and ™^^'' ^ "^^^ '° 
 also upon the respondent, to show cause why such case should 
 not be stated 12 ; — and the said court may make the same 
 absolute or discharge it, with or without payment of costs, as 
 to the court shall seem meet ; and the justice or justices, upon 
 being served with such rule absolute, shall state a case accor- 
 dingly, upon the appellant entering into such recognizance as 
 is hereinbefore provided." 
 
 Sect. 11 enacts, — " The superior courts of law ma)', fi'om Superior 
 time to time, and as often as they shall see occasion, make and """^'^ ™^y 
 alter rules and orders to regulate the practice and proceedings proceedings, 
 in reference to the cases hereinbefore mentioned" 13. 
 
 12 The first rule nisi granted under this enactment was on Nov. 25, 
 1857, by Mr. Justice Crompton {Ex parte Richards, 21 J. P. 757) to Mr. 
 Selfe, the magistrate at the Thames Police Court 
 
 13 The following are the rules made under the above enactment in 
 Michaelmas Term (November 25), 1857 : — 
 
 " 1st. It is ordered, that in cases of appeal to a superior court under the 
 provisions of the statute 20 & 21 Vict. c. 43, the 15th & iBth 
 Practice Rules of Hilary Term, 1853, so far as the same are 
 applicable, shall be observed. 
 " 2nd. And in cases where the appeal is to be heard before a judge at 
 chambers, the appellant shall obtain an appointment for sjich 
 hearing, and shall forthwith give notice thereof to the re- 
 spondent, and shall, four clear days before the day appointed 
 for the hearing, deliver at the judge's chambers a copy of the 
 appeal." 
 The Rules of 1853, referred to in the 1st rule above, are as follows : — 
 
 " 15. No motion or rule for a concilium shall be required ; but demurrers, 
 as well as all special cases, special verdicts, and appeals from county courts, 
 shall be set down for argument in the special paper at the request of either 
 party four clear days before the day on which the same are to be argued, 
 and notice thereof shall be given forthwith by such party to the opposite 
 party. 
 
 " 16. Four clear days before the day appointed for argument, the plaintiff 
 shall deliver copies of the demurrer book, special case, special verdict or 
 appeal cases, with the points intended to be insisted on, to the Lord Chief 
 Justice of the Queen's Bench or Common Pleas, or Lord Chief Baron, as 
 the case may be, and the senior puisne judge of the court in which the 
 action is brought ; and the defendant shall deliver copies to the other two 
 judges of the court next in seniority ; and in default thereof by either party, 
 
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210 
 
 Summary Convictions and Orders. [part i. 
 
 Certiorari not 
 required to re- 
 move convic- 
 tion, &c. 
 
 Superior court 
 to determine 
 the questions 
 on the case ; 
 
 its decision to 
 he final. 
 
 Justices not 
 liable to any 
 
 costs. 
 
 Case may he 
 sent back for 
 amendment. 
 
 Sect. 10 provides, — that " no writ of certiorari or other writ 
 shall be required for the removal of any conviction, order or 
 other determination in relation to which a case is stated under 
 this act, or otherwise, for obtaining the judgment or determi- 
 nation of the superior court in such case under this act." 
 
 Sect. 6 enacts,— " The court 14 to which a case is trans- 
 mitted under this act shall hear and determine the question or 
 questions of law arising thereon, and shall thereupon reverse, 
 affirm or amend the determination in respect of which the 
 case has been stated, — or remit the matter to the justice or 
 justices, with the opinion of the court thereon, — or may make 
 such other order in relation to the matter, — and may make 
 such orders as to costs, as to the court may seem fit 15 ; — and 
 all such orders shall be final and conclusive on all parties: — 
 provided always, that no justice or justices of the peace who 
 shall state and deliver a case in pursuance of this act shall be 
 liable to any costs in respect or by reason of such appeal 
 against his or their determination." 
 
 Sect. 7 enacts, — " The court for the opinion of which a case 
 is stated shall have power, if they think fit, to cause the case 
 to be sent back for amendment 16, — and thereupon the same 
 
 the other party may on the day following deliver such copies as ought to 
 have been so delivered by the party making default ; and the party making 
 default shall not be heard until he shall have paid for such copies, or depo- 
 sited with the Master a sufficient sum to pay for such copies. If the state- 
 ment of the points have not been exchanged between the parties, each party 
 shall, in addition to the two copies left by him, deliver also his statement of 
 points to the other two judges, either by marking the same in the margin of 
 the books delivered or on separate papers." 
 
 14 By s. 8, — " the authority and jurisdiction hereby vested in a superior 
 court, for the opinion of which a case is stated under this act, shall and may 
 (subject to any rules and orders of such court in relation thereto) [for which 
 see Rule 2nd, p. 209], be exercised by a judge of such court sitting in 
 chambers, and as well in vacation as in term time." 
 
 15 In a case under this act. Lord Campbell is reported to have said,— 
 " In cases under the 20 & 21 Vict. c. 43, the rule will he that costs will 
 follow the result, unless some peculiarity in a given case makes it just tliat 
 the rule be not observed" {^Reg. v. Henry, 22 J. P. 68). 
 
 16 In the first case under this enactment {Christie v. Guardians of Chelsea, 
 21 J. P. 772), the justices had not stated the grounds of their determination, 
 and other matters were omitted, and the rule nisi granted was to be served 
 on the respondents and not the justices. Lord Campbell, C. J., in ap- 
 proving that practice, observing,—" It would be hard to put the magistrates 
 to the expense of supporting a case in which they have no interest;" bat 
 the rule was afterwards discharged without costs (22 J. P. 83), the same 
 learned judge observing, — " This case will be a precedent, and we must not 
 allow these preliminary discussions. If the magistrates will not state a case, 
 they may be compelled to do so ; but if they state a case, the appellant, if 
 dissatisfied, must state his reasons at the time of the argument This rule, 
 therefore, wiU be discharged, with leave to Mr. Keane to renew his applica- 
 tion when the case is argued." 
 
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CHAP. I,] Sect. 8. Of Appeals, S^c. against Judgments. 211 
 
 shall be amended accordingly, — and judgment shall be de- 
 livered after it shall have been amended." 
 
 Sect. 9 enacts, — " After the decision of the superior courts After the de- 
 
 in relation to any case stated for their opinion under this act, "sipnofsu- 
 ... .. . ,. ,, ... peviOT court, 
 
 the justice or justices in relation to whose determination the justices may 
 
 case has been stated, — or any other iustice or iustices of the ^'o.™^ ">"- 
 , ..,..•' , ,, , , viction, &c; 
 
 peace exercising the same jurisdiction, — shall have the same 
 
 authority to enforce any conviction or order which may have 
 
 been affirmed, amended or made by such superior court, as the 
 
 justice or justices who originally decided the case would have 
 
 had to enforce his or their determination if the same had not 
 
 been appealed against, — and no action or proceeding whatsoever and no action 
 
 shall be commenced or had against the justice or justices for tice'for anVde- 
 
 enforcing such conviction or order by reason of any defect in feet therein. 
 
 the same respectively." 
 
 Forms 17- 
 
 1. Application by dissatisfied Party to Justices to state a Case (s. 2). 
 
 To J. S. and J. L., esquires, two of her Majesty's 
 
 justices of the peace for the [county'\ of . 
 
 In the matter of an information [or complaint] wherein 
 [I the undersigned] C. D. was informant [or prosecutor, 
 or complainan?! and [I the undersigned] A. B. was de- 
 fendant, heard before and determined by you, at , on 
 
 the day of . 
 
 Being dissatisfied with your determination upon the hearing of the 
 above information [or complaint], as being erroneous in point of law, 
 I hereby, pursuant to sect. 2 of the statute 20 & 21 Vict. c. 43, make 
 application to you to state and sign a case setting forth the facts and 
 the grounds of such your determination, in order that I naay take the 
 
 opinion thereon of her Majesty's court of , at Westminster. 
 
 Dated the day of , 1858. 
 
 A. B. [or C. D.] of . 
 
 2. Justices' Certificate of Befusal to state a Case (s. 4). 
 
 ) "Whereas on the day of , an information Ur 
 
 to wit. J complaint] preferred by C. D. against A. B. of - — , for that 
 [^c. as in the information, complaint or summons'] was heard and 
 determined by me [or us] the undersigned J. S. and J. L., esquires, 
 two of her Majesty's justices of the peace in and for the [county] of 
 
 , at , and the said A. B. was before us duly convicted of the 
 
 said offence, and was adjudged [or, and the said A. B. was by us 
 ordered to pay to the said C. D. the sum of , here state the adju- 
 
 17 These forms have been drawn expressly for this work, the act 20 & 21 
 Vict. c. 43, not providing any. 
 
 p2 
 
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212 Summary Convictions and Orders. [part i. 
 
 20 & 21 Vict dication of penalty, sum or imprisonment and costs, as in a conviction, 
 c. iS. ante, p. 162, or an order, ante, p. 155] : 
 
 [Or, if dismissed: and we thereupon dismissed the said informa- 
 tion or complaint, and, if' so, ordered the said C. D. to pay 
 
 to the said A. B. the sum of for his costs incurred by 
 
 him in his defence in that behalf, conclude as in the order of 
 dismissal, ante, p. 134] : 
 And whereas the said A. B. [m- C. D.] being dissatisfied with the said 
 determination, as being erroneous in point of law, hath applied to ns, 
 pursuant to sect. 2 of the statute 20 & 21 Vict. c. 43, to state and 
 sign a case setting forth the facts and the grounds of such determi- 
 nation, for the opinion thereon of her Majesty's court of at 
 
 Westminster* ; but we, being of opinion that the application of the 
 said A. B. [or C. D.l is merely frivolous, have refused to state such 
 case, of which refusal the said A. B. [m- C. D.] hath requested us to 
 sign and deliver to him a certificate : Now therefore, we the said jus- 
 tices, pursuant to sect. 4 of the said statute, do hereby certify, that 
 we are of opinion that the application of the said A. B. [or C. D.] as 
 aforesaid is merely frivolous, and that we have refused to state a case 
 
 accordingly for the opinion of the said court of . 
 
 Given under our hands this day of , in the year of our 
 
 Lord , at , in the [coanify] aforesaid. 
 
 J. o. 
 
 J.L. 
 
 3. Case stated by the Justices (s. 2). 
 
 Case stated pursuant to sect. 2 of statute 20 & 21 Vict. 
 c. 43, for the opinion of the Court of [Queen's 
 Bench]. 
 
 Between A. B Appellant, 
 
 and 
 
 CD Respondent. 
 
 At a petty sessions holden at , [in and for the division of ,] 
 
 in the [county'] of , on the day of , before us the under- 
 signed J. S. and J. L., esquires, two of her Majesty's justices of the 
 peace in and for the said [county'], an information [or a complaint], 
 preferred by C. D. (hereinafter called the "respondent") against A. B. 
 (hereinafter called the "appellant") [or as the case maybe], under 
 
 section of the act , charging, for that he the said [SfC. 
 
 stating the offence or cause of complaint], was he&rd and determined 
 by ns, the said parties respectively being then present ; and upon such 
 hearing the appellant was duly convicted before us of the said offence, 
 and we adjudged him [or, and upon such hearing the appellant was 
 
 by us ordered to pay to the respondent the sum of ] \here state 
 
 the adjiulication of penalty, sum or imprisonment and costs, as in a 
 conviction, ante, p. 152, or an order, ante, p. 155] : 
 
 [Or, if dismissed: and upon such hearing we dismissed the said 
 information or complaint, and, y' so, ordered the said ap- 
 pellant to pay to the said respondent the sum of for his 
 
 costs incurred by him in his defence in that behalf, conclude 
 as in an order of dismissal, ante, p. 134] : 
 And whereas the appellant, being dissatisfied with our determination 
 upon the hearing of the said information [or complaint], as being 
 erroneous in point of law, hath, pursuant to sect. 2 of the statute 
 20 & 21 Vict. c. 43, applied to us in writing within three days after 
 the said determination, to state and sign a case setting forth the facts 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 8. Of Appeals, ^c. against Judgments. 213 
 
 and the grounds of such our determination as aforesaid, for the opinion 20 & 21 Vict. 
 
 thereon of her Majesty's court of at Westminster : c. 43. 
 
 [7jf the case is stated in obedience to a rule under sect. 5, ante, 
 
 p. 209, recite the refusal and the granting of such rule as 
 
 follows : but we, being of opinion that the application of the 
 
 said appellant was merely frivolous, refused to state and sign 
 
 such case, and at his request signed and delivered to him a 
 
 certificate of such refusal : and whereas her Majesty's Court 
 
 of Queen's Bench at Westminster have since granted a rule 
 
 calling upon us to state such case :] 
 
 Now, therefore, we the said justices, in compliance with the said 
 
 application of the appellant [or in obedience to the said rule and order 
 
 of the said Court of Queen's Bench] and the provisions of the statute 
 
 aforesaid, do hereby state and sign such case as aforesaid, as follows : 
 
 At the hearing of the aforesaid information [or complaint] it was 
 
 proved on the part of the informant [or prosecutor, or complainant], the 
 
 respondent in this appeal, that [here state so much of the evidence given 
 
 and of the facts as is necessary to raise the point of law in question"] ; 
 
 it was contended on the part of the defendant, the appellant in this 
 
 appeal, that [here state the legal objection taken by the defendant, or 
 
 his counsel or attorney'] : we, however, being of opinion that [here 
 
 state the grounds upon which the justices came to their determination, 
 
 as, that the evidence given before us brought the case within the 
 
 operation of the said section of the act or, as the case may 
 
 be, of dismissal of tlie information or complaint, rejection of evidence 
 offered, ^c], gave our determination against the appellant in the 
 manner before stated. 
 
 The question of law arising on the above statement, therefore, is 
 [setitout'\. 
 
 Whereupon the opinion of the Court of is asked upon the said 
 
 question of law, whether or not we the said justices were correct in our 
 determination as aforesaid, and as to what further should be done or 
 ordered by the said court in the premises. 
 
 Given under our hands this day of , in the year of our 
 
 Lord , at , in the {county^ aforesaid. 
 
 J. S. 
 J. L. 
 
 4. Recognizance to prosecute Appeal, Sfc. (s. 3). 
 [Proceed as in the form of Recognizance E., ante, p. 121, the 
 condition indorsed being as follows ;] 
 
 The condition of the within-written recognizance is such, that 
 whereas [SfC. as in the form of Justices' Certificate, No. 2, ante, 
 pp. 211, 212, to theasterisk*] : If therefore the said A. B. [or C. D.], 
 after the said justices shall have stated a case setting forth the facts and 
 the grounds thereof as aforesaid for the opinion of the said court, shall 
 prosecute without delay such his appeal, and submit to the judgment 
 of the said court thereon, and pay such costs as may be awarded by 
 the same, 
 
 [If appellant in custody, add here: and further, should the said 
 appeal be dismissed, that if the said A. B. or C. D. shall ap- 
 pear before such justice or justices of the peace for the said 
 
 [county'] of as shall be sitting at the at — - on 
 
 some [Tuesday! within ten days after the judgment of the 
 said court shalfhave been given, to abide such judgment,] 
 then the said recognizance to be void, or else to stand in full force and 
 virtue. 
 
 Digitized by Microsoft® 
 
214 Summary Convictions and Orders. [part i. 
 
 20 & 21 Vict . ,r .• ^.7. 7 ^ X. 
 
 (, 43_ 5. Notice of the last Becoffnizanee. 
 
 [This may be easily framed Jrom Form F., ante, p. 121, adapted to 
 the above condition.^ 
 
 6. Notice from Appellant to Bespondent, with Copy of the Case 
 stated (s. 2). 
 
 To C. D. [or A. B.] of &c. 
 
 Take notice, that I the undersigned A. B. [or C. D.], heing the de- 
 fendant [or informant, or prosecutor or complainant] in an informa- 
 tion [or complaint] preferred bjr you [or myself], and heard before 
 and determined by two of her Majesty's justices of the peace in and for 
 
 the [county] of , at , on the day of instant, being 
 
 dissatisfied with the determination of the said justices upon the heai'ing 
 of the said information [or complaint], as being erroneous in point of 
 law, applied to the said justices, pursuant to section two of the statute 
 20 & 21 Vict. c. 43, to state and sign a case setting forth the facts and 
 the grounds of such their determination, in order that I may take the 
 
 opinion thereon of her Majesty's court of at Westminster : And 
 
 further take notice, that in pursuance thereof and of the provisions of 
 the statute aforesaid, the said justices have stated and signed a case, a 
 copy of which is annexed hereto. 
 
 Dated the day of , 185—. 
 
 A. B. [or C. D.] of . 
 
 Digitized by Microsoft® 
 
PART I. 
 
 CHAPTER II. 
 THE SYNOPSIS OF OFFENCES, &c. 
 
 Within the Provisions of the 11 & 12 Vict. v. 43.1 
 
 Previous to giving an Explanation of the Columns of Offences, Preliminary 
 . . . observations, 
 
 otatutes, Penalties, &c. in this Chapter, it is perhaps necessary 
 
 to state, that the several matters of procedure, — from the laying 
 of the Information, the Hearing and Conviction or Dismissal, 
 to the enforcing of the Conviction or- Order, and the Appeal 
 against them, — not specifically shown in this tabular portion 
 or in the notes at the foot of the pages, are to be found in detail 
 in the preceding Chapter on " The Law and Practice of Pro- 
 cedure in general ;" and that such matters of procedure as are 
 contained in the several acts of parliament passed before Jer- 
 vis's Act, 11 & 12 Vict. c. 43, giving cognizance of the oflfences 
 which are inconsistent (and, consequently, repealed by s. 36, 
 note 2, ante, p. 89) with the provisions of the last-named 
 statute in that respect, have been wholly omitted from this 
 Chapter, as no longer necessary to be known since the passing 
 of that consolidation act. 
 
 1 Vide the observations at pp. 91—93, as to the applicability of this 
 statute to particular cases ; this Chapter containing all the offences not 
 excepted by the 35th section, ante, pp. 90, 91. 
 
 Digitized by Microsoft® 
 
216 Summary Convictions and Orders. [part i. 
 
 EXPLANATION OF THE COLUMNS. 
 Offence. — The Offence is described in this column in the words of 
 the Statute, with all the legal exceptions and modifications, in 
 most cases in an abridged form ; — and where two or more Offences 
 are contained in the same section, each is disjointed and analyzed. 
 For more convenient reference in the Index, and otherwise, the 
 Offences are numbered consecutively in each title. 
 
 Statute. — In this column are stated the Statute and section creating 
 the Offence, and in the other columns the sections only of such 
 Statute are stated ; and where any stage of the proceedings are 
 regulated or modified by another Statute it is mentioned in the 
 column to which it applies. The asterisk * placed before the 
 Statute signifies that a form of conviction is given by it, the 
 Statute being passed subsequently to the 11 & 12 Vict. c. 43 (see 
 ante, p. 147, on the Practice). In the Notes at the foot referred 
 to from this column is shown, amongst other practical points, 
 when the Statute imposes a penalty or other punishment different 
 to that provided by the 11 & 12 Vict. c. 43, s. 7 {ante, p. 132) on 
 witnesses not attending to give evidence, or refusing to be exa- 
 mined. 
 
 Time of laying Information, &c. — This column shows whether 
 the Information is required by the particular statute to he in 
 writing (see ante, p. 97, where it is recommended always to he so), 
 when to be taken on oath (see ante, pp. 97, 98), and the time within 
 which it must be laid after the commission of the Offence, or the 
 time within which the conviction must take place or the penalty 
 recovered (vide ante, pp. 95, 96). It may here be mentioned 
 generally, that by 13 & 14 Vict. c. 21, s. 4, in all acts where a 
 " month" is mentioned it means " calendar" month, unless words 
 are added showing a lunar month to be intended. The notes at 
 the foot referred to from this column give the following additional 
 particulars : where the Information is required to be preferred by 
 a particular person (see ante, p. 97) ; where the apprehension of 
 offenders found in the commission of Offences is authorized with- 
 out warrant. 
 
 NuMBEK AND WHAT JUSTICES TO CONVICT. — This column shows 
 whether the particular Statute requires one or two justices to 
 hear and convict, — and whether any are disqualified, — or where 
 justices of a particular locality are necessary to adjudicate upoa 
 the information {vide ante, pp. 126, 127). 
 
 Penalty, &c. and Mode of enforcing. — This column contains 
 an abridged view of the penalty or other forfeiture imposed for 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 The Synopsis of Offences. 
 
 217 
 
 the Offence, and the mode of enforcing payment. Costs have not 
 been mentioned in this column, as it will be seen, ante, pp. 148, 
 149, that they may be ordered in every case, but they are not' 
 enforced in the same manner in all cases. The place of imprison- 
 ment, &c. is likewise omitted, as the 11 & 12 Vict. c. 43, ss. 19, 
 21, 23, 24, authorize it to be in all cases either in the " common 
 gaol or house of con-ection." Where a month is mentioned, it 
 means a " calendar" month, unless words are added showing a 
 lunar month to be intended (13 & 14 Vict. c. 21, s. 4). 
 
 If Appeax and Time, &o. — This- shows whether or not the Statute 
 allows of an appeal against the conviction or order. The Notes 
 at the foot referred to from this column contain the section of the 
 act giving the right of appeal, with the time and manner and 
 conditions of appealing, &c. 
 
 Penalty, &c. to Whom payable. — This column shows how, and 
 to whom, and for what purpose, the penalty, damage, &c. is to 
 be paid and applied. Where the application is special, and cannot 
 conveniently be inserted in the column, it is shown in a Note. 
 
 Page, &o. of Formulist. — The references in this column to numbers 
 and pages are to the second edition of " Oke's Magisterial For- 
 mulist," where the form of describing the Offences in the In- 
 formation, Summons or Warrant, or other proceeding, is to be 
 found, with the ptirticular General Forms provided by the 11 & 12 
 Vict. c. 43, to be used for the conviction, and enforcing it, with 
 the necessary special Variations, &c. 
 
 EXPLANATION OF ABBREVIATIONS USED. 
 
 cal. m. . 
 
 calendar months. 
 
 impr. 
 
 . imprisonment 
 
 churchw. 
 
 churchwarden. 
 
 inf. . . 
 
 . inf. 
 
 commrs. . 
 
 commissioners. 
 
 overs. 
 
 . overseers. 
 
 conv. . . 
 
 conviction. 
 
 par. . 
 
 . parish. 
 
 CO. treas. 
 
 county treasurer. 
 
 pen. . 
 
 . penalty. 
 
 exc. . . 
 
 exceeding, exceed. 
 
 priv. . 
 
 . privately. 
 
 gen. . . 
 
 general. 
 
 pros. 
 
 . prosecutor. 
 
 h. 1. . . 
 
 hard labour. 
 
 pub. . 
 
 . . publicly. 
 
 H. M.'s . 
 
 Her Majesty's. 
 
 rem. . 
 
 . . remainder. 
 
 imp. . . 
 
 imposed. 
 
 un. . 
 
 . . union. 
 
 Digitized by Microsoft® 
 
218 
 
 Summary Convictions. 
 
 [PAHT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 AIDERS AND ABETTORS. 
 
 Every person who shall aid, abet, counsel or procure the commission 
 of any offence which is or hereafter shall be punishable on sum- 
 mary conviction [see the section, ante, p. 102]. 
 
 ALEHOUSES. 
 
 I. Offences against the Licencs. 
 II. Other Offences. 
 
 I. Offences against the Licence {Note 1). 
 
 1. Fraudulently diluting or adulterating exoiseable liquors, 
 
 or 
 
 2. Selling the same, knowing them to have been fraudulently diluted or 
 
 adulterated, 
 
 or 
 
 3. Using, in selling thereof, any weights or measures that are not of the 
 
 legal standard, 
 or 
 
 4. Wilfully or knowingly permitting drunkenness, or other disorderly 
 
 conduct, in his house or premises, 
 
 or 
 a. Knowingly suffering any unlawful games,— or any gaming whatso- 
 ever, — therein (Note 3)> 
 
 or 
 
 6. Knowingly permitting or suffering persons of notoriously bad charac- 
 
 ter to assemble and meet together therein, 
 or 
 
 7. Keeping open house (except for the reception of travellers), 
 
 or 
 
 11 & 12 Vict, 
 c. 43, s. 5. 
 
 9 Geo. 4, 
 
 c. 61, s. 21 
 
 {.Note 2). 
 
 1 Observations on the wards *' knowingly or wilfully *^'\ A question has been raised as 
 to whether the act must be brought home to the personal knowledge of the innkeeper, or 
 whether its having been committed with the knowledge, permission or connivance of his 
 wife, servant, or other person employed under him in the management of the house, would 
 be sufficient. On the one hand, it is contended, that the statute, being a penal one, must 
 be construed strictly ; on the other hand, it is urged, that the rule quifacitper aliumfaeit 
 per se must be held applicable to these offences, to prevent the intention of the legislature 
 being frustrated (see Stone's Manual, Sth edit., pp. 52, 53; and see ante, -p. 101). The_ 
 defendant should be required to produce his licence at the hearing, which may be done in 
 the summons. 
 
 2 Witnesses.'] There is a penalty of not exceeding £10 on witnesses neglecting or 
 refusing to attend, or appearing refusing to be examined (s. 23) ; see ante, p. 122. 
 
 3 Observations on " Gaming," 8;c.'\ Alehouse and beerhouse keepers may, since the 
 8 & 9 Vict. c. 109, s. 11, keep a "billiard table or bagatelle board, or instrument used in 
 any game of the like kind," without being licensed, or liable to the penalty for suffering 
 them to be used, for they are no longer unlawful games ; but if either of these games, or 
 any other games, as bowles, tennis, and the like, or cards, dice, &c. be played for money 
 or money's worth, or there be betting at the games, with the knowledge of the alehouse- 
 keeper, that constitutes "gaming" (see per Cresswell, J., in Foot v. Baker, 6 Scott, N. K. 
 301, cited at 11 J. P. 444), and if the publican is aware of that fact, it will then come 
 within the provision which prohibits "any gaming whatsoever." Alehouse-keepers are 
 
 Digitized by Microsoft® 
 
CHAP. 11.] AIDERS AND ABETTORS -ALEHOUSES. 
 
 219 
 
 Time of laylDg 
 
 fofomiatioD, 
 
 to. 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Penalty, Sic. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 Sec. 
 
 Penalty, &C. 
 to whom 
 payable. 
 
 Page,^s,c 
 Formalist. 
 
 Same as 
 
 Same as 
 
 Liahle to the same forfeiture and 
 
 Same 
 
 Same as 
 
 Nos. 6, 7, 
 
 principal. 
 
 prin- 
 cipal. 
 
 punishment as the principal of- 
 fender. 
 
 as 
 prin- 
 cipal. 
 
 principal. 
 
 p. 26. 
 
 1\ Within 6 
 7/ cal. months 
 
 Two 
 
 Ist Offence. Not exc. £5 ; — but on 
 
 Yes 
 
 Not ex- 
 
 Nos. 
 
 (s. 21) 
 
 proof of a prior conviction within 
 
 (s. 27), 
 
 ceeding half 
 
 1-9 
 
 (11 & 12 Vict. 
 
 of the 
 
 3 years (a 2n(i Offence, Note 4. posl, 
 
 {Note 
 
 to pro- 
 
 pp. 
 
 c. 43, 5. 11). 
 
 division 
 
 p. 220), not exc. £10;— and if 
 
 5, post, 
 
 secutor (if 
 
 65, 66. 
 
 
 where 
 
 proof of two separate offences 
 
 P- 
 
 justices 
 
 
 
 house 
 
 within 3 years (a Srd Offence, 
 
 220). 
 
 think fit), 
 
 
 
 situate 
 
 Note 4, post, p. 220), case to be 
 
 
 and re- 
 
 
 
 {Note 
 
 adjourned to next transfer day (a 
 
 
 mainder to 
 
 No. 23, 
 
 
 3 a). 
 
 special session) or annual licensing 
 meeting, and on conv., offender 
 to forfeit not exc. £50 (s. 21). 
 If hearing adjourned to quarter 
 sessions by justices' order or re- 
 quest in writing from the person 
 charged, the Court may fine not 
 exc. £100,— or adjudge the li- 
 cence to be void, — or punish by 
 fine and forfeiture of licence. If 
 licence adjudged void, the holder 
 to be incapable of selling excise- 
 able liquors by retail, in any inn, 
 for 3 years (s. 21). 
 
 [See over-l 
 
 
 county 
 treasurer 
 
 (s. 26). 
 See Reg. v. 
 Dale, ante, 
 
 p. 188. 
 
 p. 69. 
 
 excepted by sect. 11 of the 8 & 9 Vict c. 109, from taking out a licence for a billiard or 
 bagatelle table, &c., and the beerhouse keepers are impliedly so, because they would be 
 debarred by the terms of the licence, prohibiting the sale of exciseable liquors on the pre- 
 mises, from selling therein : and it would therefore be inconsistent to licence them to do 
 that which if done would subject them to a penalty. If they cannot be licensed they could 
 not be convicted of suffering such a table to be used without a licence, when a licence 
 would not protect them (see 10 J. P. 395, 431, 463, 543, 544). If either of these games 
 , is played for pastime or amusement only, it is perfectly legal (12 J. P. 670, 734). In the 
 case oi Searle v. Justices of St. Martin's (14 J. P. 276, Middlesex Sessions), it was decided, 
 that allowing betting lists of horse races to be exhibited in the alehouse was a gaming 
 within the act 9 Geo. 4, c. 61. Playing at cards or dice is not an " unlawful game," not 
 being prohibited by any statute (14 J. P. 537); see Allport v. Nutt, 24 L. J. (N. S.) C. P. 
 272 J 1 C. B. 989 ; nor is the game of dominoes (see Reg. v. Ashton, 22 L. J. (N. S.) M. C.l ; 
 16 3. P. 790). 
 
 3 a Certain Justices prohibited from hearing Charges.'] By the 9 Geo. 4, c. 61, s. 6, no 
 justice who is, or who is partner with, a common brewer, distiller, maker of malt for sale, 
 or retailer of malt or any exciseable liquor, shall act at the general annual licensing meet- 
 ing for alehouses, or at special sessions ; and no justice is to act on those occasions, in the 
 case of a house licensed or about to be licensed of which he is the owner, or for the owner 
 of which he is the manager or agent, or which house is in whole or part the property of 
 any common brewer, &c. to whom the justice is allied by blood or by marriage, or of whom 
 
 Digitized by Microsoft® 
 
220 
 
 Summary Convictions. 
 
 [PAHT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 ALEHOUSES— eontJKMerf. 
 
 1. Offences against the Licence — continued. 
 
 8. Permitting or suffering any beer, or other exciseable liquor, to be 
 conveyed from or out of his premises, 
 
 during the usual hours of the afternoon (see Note 6> J^g- v. 
 Knapp) divine service in the church or chapel of the parish or 
 place in which house is situated, on Sundays, Christmas Day, 
 or Good Friday, 
 
 \_See however new Offences, 24 — 28, as to afternoon service also, and 
 observations on case of Whiteley v. Heaton, 22 J. P. 142; and 
 Offences 20 — 22, as to morning service.} 
 
 9. Not maintaining good order and rule therein — [see Offence, 14]. 
 
 [Mem. These words seem to mean no other offence than those before- 
 mentioned, and to come within the rule as to general words after 
 specific, referred to ante, p. 100 ; see 10 J. P. 491.] 
 
 [See further titles, " Betting Houses," " Gaming Houses," post ; 
 and as to the metropolis, see 2 & 3 Vict. c. 47, ss. 44, 45, and 
 2 & 3 Vict. c. 94 (local, city), ss. 28, 29.] 
 
 9 Geo. i, 
 
 c. 61, s. 21 
 
 {Note 2). 
 
 he shall be the partner in any other trade or calling. Query, should not such justices also 
 refrain from taking part in the hearing of informations against publicans for breaches of 
 the laws relating to alehouses and beerhouses? Such cases are within the spirit of this 
 enactment and the general principle as to interested justices (set out ante, pp. 20 — 23), if 
 not within the letter of it. 
 
 4 Proof of Conviction.'] The certificate of the clerk of the peace of a conviction is legal 
 evidence of the same (s. 33), coupled with evidence of the identity of the offender. The 
 subsequent offence need not be of the same nature as that of the first, provided it be one 
 of those which are against the tenor of the licence. 
 
 5 Appeal.] By 9 Geo. 4, c. 61, s. 27, — " Any person who shall think himself aggrieved 
 by any act of any justice, done in or concerning the execution of this act, may appeal 
 against such act to the next general or quarter sessions of the peace, holden for the county 
 or place wherein the cause of such complaint shall have arisen, unless such session shall 
 be holden within twelve days next after such act shall have been done, and in that case 
 to the next subsequent session holden as aforesaid, and not afterwards,— provided that 
 such person shall give to such justice notice in writing ot his intention to appeal, and of the 
 cause and matter thereof, within five days next after such act shall have been done, and 
 seven days at the least before such session, — and shall within such five days enter into a 
 recognizance, with two sufficient sureties, before a justice acting in and for such county 
 or place as aforesaid, conditioned to appear at the said session, and to try such appeal, 
 and to abide the judgment of the court thereupon, and to pay such costs as shall be by 
 the court awarded ; — and upon such notice being given, and such recognizance being 
 entered into, the justice before whom the same shall be entered into shall liberate such 
 person, if in custody, for any offence in reference to which the act intended to be appealed 
 against shall have been done, — and the court at such session shall hear and determine the 
 matter of such appeal, and shall make such order therein, with or without costs, as to the 
 said court shall seem meet ; — • • • and judgment of the said court shall be final and 
 conclusive to all intents and purposes ; — and in case of the dismissal of such appeal, or of 
 the afiirmance of the judgment on which such act was done, and which was appealed 
 against, the said court shall adjudge and order the said judgment to be carried into exe- 
 cution, and costs awarded to be paid, and shall, if necessary, issue process for enforcing 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 ALEHOUSES. 
 
 221 
 
 TimeoflftyiDg 
 
 InformaboD, 
 
 ice. 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Penalty, &c 
 Mode of enforclug. 
 
 ir Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Page, &C. 
 
 of 
 Formulist. 
 
 8\ Within 6 
 9J cal. months 
 
 Two 
 
 {See preceding page for penalties.} 
 
 Yes 
 
 Not exceed- 
 
 Nos. 10, 
 
 (s. 21) 
 
 
 (S. 27, 
 
 ing half to 
 
 11, p. 66. 
 
 (11 & 12 Vict. 
 
 of the 
 
 Recovery.'] Levied by distress;— if 
 
 Note 
 
 prosecutor 
 
 
 C.43, B. 11). 
 
 division 
 
 insufBcient distress, impr. for not 
 
 S). 
 
 (if justices 
 
 
 
 where 
 
 exc. 1 cal. m. if penalty not above 
 
 
 think fit). 
 
 
 
 house 
 
 £5 ; — not exc. 3 cal. m. if above 
 
 
 and re- 
 
 
 
 situate 
 
 £5 and not more than £10 ; — and 
 
 
 mainder to 
 
 
 
 (Note 
 
 not exc. 6 cal. m. if above iglO, 
 
 
 CO. treas. 
 
 
 
 3 a). 
 
 unless sooner paid (s. 25). 
 
 Binding over prosecutor.'] Where the 
 charge is directed to be adjourned 
 to the general or quarter sessions, 
 the justices may, if no other fit 
 and proper person appear to pro- 
 secute the charge, order the con- 
 stable or other peace officer to 
 carry on the necessary proceed- 
 ings, and bind him in a sufficient 
 recognizance so to do (s. 22). 
 
 
 (s. 26). 
 See Reg. v. 
 Dale, ante, 
 
 p. 188. 
 
 Nos. 
 25, 26, 
 28—33, 
 
 such order ; — provided that no justice shall act in the hearing or determination of any 
 appeal to the general or quarter sessions as aforesaid from any act done by him in or con- 
 cerning the execution of this act ; — provided also, that when any cause or complaint shall 
 have arisen within any liberty, county of a city, county of a town, city or town corporate, 
 it shall be lawful for the person who shall think himself so as aforesaid aggrieved, to 
 appeal against any such act as aforesaid, if he shall think fit, to the quarter sessions of 
 the county within or adjoining to which such liberty or place shall be situate, subject to all 
 the provisions hereinbefore contained." The notice of appeal must be served on both 
 the convicting justices (R. v. Justices of Cheshire, 11 Ad. & Ell. 139; 9 Law J., M. C, 
 89). By s. 28, when a person has given notice of his intention to appeal and entered into 
 the recognizance before a justice, the same justice may summon material witnesses to ap- 
 pear to be bound in recognizance to give evidence on the appeal, and on refusal may commit 
 them. Vide forms Nos. 27, 28 — 33, pp. 70 — 72, Oke's " Formulist," 2nd edit. By s. 29, 
 if the appeal dismissed, the court may order the appellant to pay to the justice his costs, 
 and in default of payment may order him to be committed, and if the judgment reversed, 
 the justice to be indemnified against costs (see Reg. v. Bolton, 1 1 Q. B. 379 ; 17 L. J. (N. S.) 
 M. C. 70, and the case of Reg. v. Hellier, 21 L. J. (N. S.) M. C. 1 ; 17 Q. B. 229 ; 15 J. P. 
 674, which decided that the sect. 27 of the 11 & 12 Vict. c. 43, ante, p. 203, impliedly 
 repealed the sect. 29, supra, directing the costs to be paid to the respondent, and that 
 the order should have been to pay the costs to the clerk of the peace). 
 
 6 What is intended hy " Jfternoon Service."] In Reg. V. Knapp (22 L. J. (N. S.) 
 M. C. 139 ; 17 J. P. 599), it was decided that the words " the usual hours of the afternoon 
 divine service" had reference to what are the ordinary hours of the morning and afternoon 
 divine service as distinguished from evening service ; and where therefore a publican who 
 had kept his house open at half-past six in the evening of a Sunday in a place where 
 service from three o'clock to five had been discontinued, and a service commencing at six 
 o'clock had been substituted, had been convicted under this clause, the conviction was 
 held bad, for the afternoon service is between mid-day and five o'clock. The 18 & 19 Vict 
 c. 118, meets the case of an afternoon service also, but the service commencing at six is 
 still unprovided for. 
 
 Digitized by Microsoft® 
 
222 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 ALEHOUSES— coniinwed. 
 
 II. Other Offences. 
 
 10. Every person selling, bartering, exchanging, or for valuable conside- 
 
 ration otherwise disposing of, any exciseable liquor by retail, to 
 ' be drunk or consumed in his bouse or premises, without being 
 duly licensed, 
 or 
 
 11. Permitting or suffering same, without being duly licensed {Note 7). 
 
 12. Permitting or suffering same to be drunk or consumed in his house 
 
 or premises, not being the house or premises licensed {Note 7). 
 
 13. Selling, when required, in other than standard measure (except in 
 
 quantities less than half a pint). 
 
 [Mem. This is aho provided for by the 5 ^ 6 Will.i, c. 63, s. 6, tit. 
 " Weights and Measures,'^ post^, 
 
 14. Keeping open house in case of riot or tumult (at or after any hour at 
 
 which two justices shall have ordered house to be closed). 
 
 15. Knowingly harbouring 
 
 or 
 
 16. Entertaining county police constable, 
 
 or 
 
 17. Permitting him to abide or remain, 
 
 in his house, &c. during any part of the time appointed for his 
 being on duty. 
 
 [ The like offence in Metropolis, see 10 Geo. 4, c. 44, s. 6]. 
 
 9 Geo. 4, 
 c. 61, =. 18. 
 
 Id. 
 Id. s. 19. 
 
 Id. s. 20. 
 
 2 & 3 Vict, 
 c. 93, s. 16 
 {Note 8). 
 
 7 Exceptions to Offence ; Small or Table Beer ; Sweets or made Wines ; Races arid Fairs ; 
 who to prosecute.'] This clause is not to extend to the heirs, executors, administrators or 
 assigns of any licensed person who shall die, become bankrupt, or take the benefit of any 
 act for the relief of insolvent debtors before the expiration of his licence, so as such sale, 
 barter, exchange, or other disposal of liquor be made in the licensed house, and take 
 place prior to the special sessions then next ensuing, (unless within fourteen days after 
 death, &c.,) and then to the next special sessions (s. 18). By 42 Geo. 3, c. 38, s. 18, any 
 person is prohibited from retailing beer at a higher price than a penny halfpenny a quart, 
 without first obtaining a licence, under a penalty of £bO ; and by sect. 7 it is declared 
 that all beer of the price of 16*. the barrel or under shall be deemed to be table beer. 
 (See General Order of Board of Excise, 13 J. P. 785.) It has been held in the case of 
 Lancashire v. Justices of Staffordshire (26 L. J. (N. S.) M. C. 171 ; 3 Jur. (N. S.) 1095; 
 w-^^" '^'}h^^' *^* sweets or made wines are not " exciseable liquors" since the 4 & 5 
 Will. 4, c. 77. Fide also sect. 36, and Excise Act, 6 Geo. 4, c 81, s. 11, as to selling at 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 ALEHOUSES. 
 
 223 
 
 Time of laying 
 Information, 
 
 Number 
 and what 
 Justices to 
 
 Penalty, Sec. 
 and 
 
 If Ap- 
 peal, and 
 
 Penalty, &c. 
 to whom 
 
 Page, &c. 
 
 &c. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c!' 
 
 payable. 
 
 Formullst. 
 
 10\ Within 6 
 11/ cal.months 
 
 One 
 
 Not exceeding £20 nor less than 
 
 Yes 
 
 Not exceed- 
 
 No. 12, 
 
 {Note 
 
 £5 (s. 18). 
 
 (s.27. 
 
 ing half to 
 
 p. 67. 
 
 (US 12 Vict 
 
 3 a). 
 
 ''Recovery" under s. 25 as Offences 
 
 Note 
 
 prosecutor 
 
 
 c. 43, s. 11, 
 
 
 8, 9, supra. 
 
 6). 
 
 (if justice 
 
 
 see Note 7, 
 
 
 
 
 thinks fit), 
 
 
 who to 
 
 
 
 
 and re- 
 
 
 prosecute). 
 
 
 
 
 mainder to 
 
 CO. treas. 
 
 (s. 26). 
 
 See Reg. v. 
 
 Dale, ante, 
 
 p. 188. 
 
 
 12 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 No. 13, 
 
 p. 67. 
 
 13 Recovered 
 
 Id. 
 
 Forfeit illegal measure, and pay not 
 
 Id. 
 
 Id. 
 
 No. 14, 
 
 within 30 
 
 
 exc. 40s. (over and above all 
 
 
 
 p. 67. 
 
 days (see 
 
 
 penalties liable under any other 
 
 
 
 
 p. 96). 
 
 
 act) (s. 19). See Offences, Nos. 
 8, 9, supra, for " Recovery." 
 
 
 
 
 14 Within 6 
 
 Two of 
 
 To be deemed to have not main- 
 
 Id. 
 
 Id. 
 
 No. 15, 
 
 cal. months 
 
 division 
 
 tained good order and rule therein 
 
 
 
 pp. 67,68. 
 
 (11 & 12 Vict 
 
 where 
 
 (s. 20). See Offence, No. 9, p. 
 
 
 
 
 c. 43, s. 11). 
 
 house 
 situate 
 {Note 
 
 3 a)- 
 
 220. 
 
 
 
 
 15\ Within 2 
 17 / cal.months 
 
 Id. 
 
 Not exc. £5 (s. 16) ;— recoverable 
 
 No. 
 
 Overseer 
 
 No. 16, 
 
 
 under 1 85 2 Will. 4, c. 41, by dis- 
 
 
 of poor 
 
 p. 68. 
 
 (s. IS of 
 
 
 tress ; — and if insufficient, impr. 
 
 
 for CO. rate 
 
 
 1 & 2 Will. 4, 
 
 
 with or without h. 1. for not exc. 
 
 
 (18£2WiIl. 
 
 
 C.41, 
 
 
 1 caLrn. unless soonerpaid(s. 16). 
 
 
 4, c. 41, 
 
 
 Note 8). 
 
 
 (See Note 8) 
 
 
 s. 15, 
 
 
 
 
 
 
 Note 8). 
 
 
 races and at fairs, which are either chartered or established by long usage (15 J. P. 44). 
 The Board of Inland Revenue have given it as their opinion that any person may lay the 
 information for the offence under this section (Letter 37331, 1856, 29th August). 
 
 8 Incorporation Clause regulating Proceedings,'] With regard to these offences, neither 
 the act 2 & 3 Vict. c. 93, or the 3 & 4 Vict. c. 88, or 19 & 20 Vict. c. 69, by which it is 
 extended, gives any power of enforcing payment of fines ; but they may be levied and 
 applied under sect. 16 of the 1 & 2 Will. 4, c. 41 (the Special Constables Act), for this 
 reason :— the 2 & 3 Vict. c. 93, after reciting the 1 8i 2 Will. 4, c. 41, and 5 & 6 Will. 4, 
 c. 43, by sect 8 enacts {inter alia) that " every provision of the first recited act shall be 
 deemed to extend to the constables appointed under this act, except as to the manner of 
 their appointment and dismissal, the time for which they shall serve, and the manner in 
 which their allowances shall be paid, or as to any matter herein expressly otherwise pro- 
 vided." Sect. 16 of the 1 & 2 Will. 4, c. 41, provides the mode of recovering penalties as 
 above set out 
 
 Digitized by Microsoft® 
 
224 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 ALEHOUSE S— continued. 
 
 II. Other Offences — continued. 
 
 18. Refusing to receive officer or soldier quartered upon him, and to 
 
 afford him proper accommodation, or stabling, &c., 
 or 
 
 19. Not having good and sufficient stables, refusing to pay such com- 
 
 pensation as directed by a justice, &c. 
 
 As to Hours on Sunday, ^c] Opening house for the sale of wine, 
 spirits, beer, or other fermented or distilled liquors, 
 
 21. Selling same. 
 
 22. [Any other articles, s. 3], 
 
 before half-past twelve o'clock in the afternoon, — or before the 
 termination of the morning divine service, if not terminated by 
 that time, — on Sundays, Christmas Day, or Good Friday, or any 
 day appointed for a public fast or thanksgiving (except as re- 
 freshment for travellers). 
 
 23. Refusing to admit, or not admitting, 
 
 any constable at any time [i.e. on Sundays, Christmas Day, or 
 Good Friday, or any day appointed for a public fast or thanks- 
 giving]. 
 [/See 24 Geo. 2, c.iO, s. 12, as topenalty for taking pawn/or spirituous 
 liquors sold under 20s. (1 Burn's J. 29th ed. p. 119.)] 
 
 24. Opening or keeping open house for sale of beer, &c., or fermented or 
 
 distilled liquors, 
 or 
 
 25. Selling therein, 
 
 between the hours of three and five o'clock in the afternoon, — 
 or after eleven o'clock in the afternoon^-on Sundays, Christ- 
 mas Day, or Good Friday, or any day appointed for a public 
 fast or thanksgiving, — [see observations on the case of Whiteley 
 V. Heaton, 22 J. P. 142]— 
 or 
 
 26. Before four o'clock in the morning of the day following such Sunday, 
 
 &c. — 
 
 except to a traveller or lodger therein. 
 
 27. The like offences as 24—26 in respect to " houses or places of pub- 
 
 lic resort." 
 
 28. Refusing to admit or not admitting any constable at any time [i.e. 
 
 on Sundays, Christmas Day, or Good Friday, or any day ap- 
 pointed for a public fast or thanksgiving]. See further hereon as to 
 Beerhouses, Offence 31, post. 
 
 20 Vict c. 13, 
 
 s. 93 (vide also 
 
 Marine Mutiny 
 
 Act, c. 14). 
 
 11 & 12 Vict, 
 c. 49, s. 4. 
 
 Id. s. 5. 
 
 18 
 
 & 19 Vict. 
 118, s. 2. 
 
 Id. s. 3. 
 Id. B. 4. 
 
 9 Application of Penalty.^ A moiety to informer, and remainder, or (where informer 
 proves offence) the whole, to the general agent for the recruiting service in London, not- 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 ALEHOUSES. 
 
 225 
 
 Time of layiDg 
 
 JofoFmation, 
 
 te. 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing*. 
 
 If Ap- 
 peal, and 
 Time, 
 ic. 
 
 Penalty, 4c. 
 to whom 
 payable. 
 
 Page, &c. 
 Formulliit, 
 
 18\ Within 6 
 19/ cal.months 
 
 One or 
 
 Not exc. £5, nor less than 40*. 
 
 No. 
 
 {Note 9.) 
 
 Nos. 
 
 more 
 
 (s. 93),— recoverable by distress. 
 
 
 
 17, 18, 
 
 (11 & 12 Vict. 
 
 (s. 97, 
 
 with power (if goods insufficient) 
 
 
 
 p. 68. 
 
 c. 43, s. 11 ; 
 
 Note 
 
 to impr. for not exc. 6 cal. m. un- 
 
 
 
 
 see s. 97). 
 
 3 a). 
 
 less sooner paid (s. 97). 
 [Mem. Penalty to be reported to 
 Secretary at War within 4 days 
 (s. 98).] 
 
 
 
 
 20> Within 6 
 22 J cal.months 
 
 One 
 
 Not exc. £5 for every such offence ; 
 
 No. 
 
 Treasurer 
 
 Nos. 
 
 (s.6. 
 
 — and every separate sale to be 
 
 
 of county 
 
 19—21, 
 
 (1 1 & 12 Vict. 
 
 Note 
 
 deemed a separate offence (s. 6); 
 
 
 (see a7ite. 
 
 pp. 
 
 0.43,8.11). 
 
 3 a). 
 
 recovered by distress (11 & 12 
 Vict. c. 43, s. 19, ante, p. 175) ;— 
 in default, impr. for not exc. 3 
 cal. m. unless sooner paid (Id. b. 
 22 ; see ante, p. 179). 
 [Mem. Tliere is no increased penalty 
 for a mbsequent offence, under the 
 11 4- 12 Vict. u. 49, and the Ale- 
 house and Beerhouse Acts are not 
 incorporated with it so as to malce 
 their provisions applicable to a 
 second or subsequent offence.^ 
 
 
 pp. 190). 
 No appro- 
 priation by 
 
 the act 
 (A portion 
 to Police 
 Super- 
 annuation 
 Fund, 
 13 & 14 
 Vict. c. 87.) 
 
 68, 69. 
 
 23 Id. 
 
 Id. 
 
 Not exc..ae5(s. 6);— recovered as 
 Offences 20—22, supra. 
 
 No. 
 
 Id. 
 
 No. 22, 
 p. 69. 
 
 24 \ Id. 
 26/ 
 
 Id. 
 
 Not exceeding £5 for every such 
 
 No. 
 
 Treasurer 
 
 No. 22 a, 
 
 (s.5) 
 
 offence, and every separate sale 
 
 
 of county 
 
 — 22d, 
 
 
 {Note 
 
 to be deemed a separate offence 
 
 
 (see ante, 
 
 p. 69. 
 
 
 3 a)- 
 
 (s. 5) ; recovered by distress (11 
 & 12 Vict. c. 43, s. 19, ante, p. 
 175) ; — in default, imprisonment 
 for not exc. 3 calendar months, 
 unless sooner paid (Id. s. 22 ; see 
 ante, p. 179). 
 
 
 p. 190). 
 No appro- 
 priation by 
 
 the act. 
 
 
 27 Id. 
 
 Id. 
 
 The like. 
 
 No. 
 
 Id. 
 
 
 28 Id. 
 
 Id. 
 
 The like. 
 
 No. 
 
 Id. 
 
 
 withstanding the provisions of the Municipal Corporation Act, 5 & 6 Will. 4, c. 76, or 
 other acts to the contrary (s. 98). 
 
 O.S. Q 
 
 Digitized by Microsoft® 
 
226 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 ALIENS. 
 
 1. Master of a vessel arriving in this realm from foreign parts not im- 
 mediately making declaration to officer of customs of the number 
 of aliens, &c., on board or landed, &c. 
 
 \_Vide title " ^lieTis,'^ in Part ILL of this work, for the mode of 
 procuring a naturalization.'] 
 
 2. Alien neglecting or refusing to present and show passport to officer of 
 
 customs, — or to make a declaration of his name, &c., when re- 
 quired. 
 
 3. Any person wilfully making or transmitting any false declaration —or 
 
 forging or altering same, or any certificate thereby directed; 
 or 
 
 4. Obtaining a certificate from the officer of customs under a false name ; 
 
 — or personating an alien. 
 
 APPRENTICES. (NotelQ). 
 I. Offences by Apprentices. 
 II. Offences by Masters. 
 
 I. Offences by Apprentices. 
 1. Any apprentice in any trade guilty of any misdemeanor, miscarriage, 
 or ill behaviour in his service. 
 
 [Mem. Some stages of the proceedings under this title appear not to 
 be within the operation of the II Sj 12 Vict. c. 43. These processes 
 which are within that statute and referred to in Oke's " Formu- 
 list," 2nd ed., as well as those within it, are adapted to the pur- 
 poses required. By 4 Geo. 4, b. 34, s. 6, nothing in it is to 
 impeach or lessen the jurisdiction of the chamberlain of the city of 
 London, or of any other court within the said city, touching appren- 
 tices.'] 
 
 6 & 7 Will. 4, 
 c. 11, B. 2. 
 
 Id. s. 3. 
 
 Id. s. 9. 
 
 20 Geo. 2, c. 19, 
 s. 4, and 4 Geo. 4, 
 c. 34, s. 1. 
 
 10 ^11 Trades within the Apprenticeship .^cis.] The statutes referred to under this 
 title extend to all trades (10 Geo. 4, c. 52) where no premium is paid (5 & 6 Vict. c. 7) 
 and where the premium is not more than 1625 (4 Geo. 4, t. 29, s. 1 ) ; but not to the stan- 
 naries in the counties of Devon and Cornwall. If a person be apprenticed to learn three 
 trades, and the master gives up one, he cannot recover damages for the refusal of the ap- 
 prentice to serve, and, by parity of reasoning, the apprentice cannot be punished by jus- 
 tices (Ellen V. Topp, 20 Law J. Ex. 241). As to apprentices in the sea service, see now 
 17 & 18 Vict. c. 104, titles "Merchant Shipping" and " Seamen," for offences by seamen 
 and masters equally applicable to apprentices in the sea service. 
 
 11 IVho to malce Complaint.] The complaint may be made by the master or his 
 steward, manager or agent (4 Geo. 4, t. 34, s. 1), and in case the master knows nothing of 
 the matter, it will be sutficient if he exhibits the complaint and support it by the oath of 
 another person {Finley v. Jowle, 12 East, 248). 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 ALIENS— APPRENTICES. 
 
 •227 
 
 Time of laying 
 luformalloD, 
 
 Number 
 and what 
 
 JuRtJCCS to 
 
 Penalty, &c 
 
 and 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, &c. 
 to whom 
 
 Page,&c 
 of 
 
 4c. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c 
 
 payable. 
 
 FormuliBt. 
 
 1 Within 6 
 
 Two or 
 
 £20, and also £10 for each alien on 
 
 No. 
 
 Treasurer 
 
 The 
 
 cal. m. (Id. 
 
 more 
 
 board or landed (s. 2) ; — officer 
 
 
 of county. 
 
 govern- 
 
 s. 15). 
 
 (s. 15). 
 
 may detain vessel until payment 
 
 
 &c. (see 
 
 ment so- 
 
 
 
 (s. 2);— in default, impr. for not 
 
 
 antBf 
 
 licitor 
 
 
 
 exc. 1 cal. m., unless sooner paid. 
 
 
 p. 190). 
 
 prepares 
 
 
 
 and report of conviction to be 
 
 
 
 the 
 
 
 
 sent to secretary to state. 
 
 
 
 forms. 
 
 2 Id. 
 
 Id. 
 
 £2 (s.3), — in default, imprisonment 
 as offence No. 1. 
 
 Na 
 
 Id. 
 
 Id. 
 
 3\ Id. 
 
 4.; 
 
 Id. 
 
 Not exceeding £100 ; — or impr. for 
 
 No. 
 
 Id. 
 
 Id. 
 
 
 not exceeding 3 cal. m. (s. 9). 
 
 
 
 
 1 On oath. 
 
 Two (20 
 
 Under 20 Geo. 2, c. 19. Either impr. 
 
 Yes 
 
 
 Nos. 1, 2, 
 
 and within 6 
 
 Geo. 2, 
 
 for not exc. 1 cal. m. with h. 1., — 
 
 (Note 
 
 
 p. 72. 
 
 cal.m.(ll&12 
 
 0.19); 
 
 or discharged. 
 
 13). 
 
 
 
 Vict. c. 43, 
 
 One 
 
 Under iGeo.i,c. Si. Impr. for not 
 
 
 
 
 s.U){Notell). 
 
 (4 Geo. 
 
 exc. 3 m. with h. 1., — or abate- 
 
 
 
 
 
 4, c. 34) 
 
 ment of whole or part of wages. 
 
 
 
 No. 6, 
 
 
 {Note 
 
 If apprentice discharged,justices to 
 
 
 
 p. 73. 
 
 
 12). 
 
 order master to refund all or part 
 of premium ; — in default of pay- 
 ment, levied by distress j — if goods 
 insufficient, impr. for not exc. 2 
 months (4 Geo. 4, c. 29, s. 2). 
 
 
 
 Nos. 
 
 3—5, 
 
 pp. 72, 
 
 73. 
 
 12 fl^hat Justices.'] Jurisdiction is given to justices where the master inhabits (20 
 Geo. 2, c. 19), — where the apprentice employed,— or, if he absconds, where found or been 
 employed (4 Geo. 4, c. 34). 
 
 13 'Appeal.] By 20 Geo. 2, c. 19, s. 5, — " if any person or persons shall think himself, 
 herself or. themselves aggrieved by such determination, order or warrant of such justice or 
 justices as aforesaid (save and except any order of commitment), he, she or they may 
 appeal to the next general quarter sessions of the peace to be held for the county, riding, 
 liberty, city, town corporate or place where such determination or order shall be made ; — 
 which said next general quarter sessions is hereby empowered to hear and finally deter- 
 mine the same, and to give and award such costs to any of the respective persons, appel- 
 lant or respondent, as the said sessions shall judge reasonable, not exceeding forty 
 shillings ; — the same to be levied by distress and sale in manner before mentioned." There 
 is no appeal under the 4 Geo. 4, n. 34. 
 
 q2 
 
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228 
 
 Summary Convictions-. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 APPRENTICES— coMiinaed. 
 
 I. Offences by Afprentices — continued. 
 
 2. Parish apprentice discharged by two justices under 20 Geo. 2, ^. 19, 32 Geo. 3, c. 57, 
 supra, for misconduct. =. 13 
 
 3. Absenting (where the premium is not £10) before the terra of his 
 apprenticeship shall be expired, and not making satisfaction for 
 absent time is determined by a justice where master resides. 
 
 II. Offences by Masters. 
 
 4. For misusage, refusal of necessary provisions, cruelty or other ill 
 
 treatment of apprentice. 
 
 [Mem. a master is bound to provide medical attendance for his ap- 
 prentice, but not for his servant {Heg. V. Smith, S C. S( P. 153 
 and see Scarman v. Castell, 1 Esp. 270).] 
 
 See further, title "Servants," Chap. II. of Part II. (Indictable 
 Offences), for the act 14 & 15 Vict. u. 11. 
 
 5. The like, parish apprentices. 
 
 [Mem. Vide Mem. to Offences, supra. No fee can he taken for the 
 warrant or certificate of discharge."] 
 
 6 Geo. 3, c. 25, 
 ss. 1, 2, 3. 
 
 20 Geo. 2, c. 19, 
 S.3. 
 
 20 Geo. 2, c. 19, 
 
 s. 3, and 32 
 
 Geo. 3, c. 57, 
 
 s. 11. 
 
 13 a Appeal] By 32 Geo. 3, c. 57, s. 14, — "if any person shall be aggrieved by any 
 matter or thing done, or omitted to be done by any churchwarden or overseer of the poor, 
 or by any of bis majesty's justices of the peace, or by any other person or persons whom- 
 soever, under and by virtue of this act, (besides such matters or things for which an ap- 
 peal is hereinbefore specially given,) it shall and may be lawful for such person or per- 
 sons to appeal to the next general quarter sessions of the peace, where the same shall be 
 heard and finally determined : — and such court may award reasonable costs and expenses 
 to either party before them." 
 
 13 b This statute of 6 Geo. 3, c. 25, is deemed to be cumulative, and not a repeal of 
 20 Geo. 2, c. 19 (Grai/,v. Coofoon e« at, 16 East. 13). 
 
 13 e Appeal.] By 6 Geo. 3, c. 25, s. 5, — persons aggrieved by such determination, 
 order or warrant of the justice (except an order of commitment) may appeal to the next 
 sessions, giving six days' notice to the justice and to the parties of his intention of bringing 
 such appeal, and of the cause and manner thereof, and entering into recognizance, within 
 three days after such notice, before a justice, with sufficient surety to try the appeal at 
 and to abide the order or judgment of, and pay such costs as shall be awarded by the 
 justices at such sessions ;— which said justices, at their said sessions, on proof of such 
 notice given, and of entering into such recognizance, shall hear and determine the appeal, 
 and give such relief and costs to either party, as they shall judge reasonable ;— and their 
 judgments and orders shall be final and conclusive to all parties concerned. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 APPRENTICES. 
 
 229 
 
 Time of laying 
 Informauou. 
 
 Number 
 and wliat 
 Justices to 
 
 Penalty* Sic. 
 «ntl 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, &c. 
 to whom 
 
 Page, Stc. 
 of 
 
 Sic. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c.' 
 
 payable. 
 
 Formnllat. 
 
 2 On oath, 
 
 Two, 
 
 Imprisonment and hard labour for 
 
 Yes 
 
 
 Nos. 
 
 and within 6 
 
 same as 
 
 not exc. 3 cal. months (s. 13). 
 
 {Note 
 
 
 7-9, 
 
 cal.in.(]l&]2 
 
 dis- 
 
 
 13 a). 
 
 
 p. 73. 
 
 Vict. 0. 43, 
 
 charged 
 
 
 
 
 
 s.U){Notell). 
 
 appren- 
 tice. 
 
 
 
 
 
 3 On oath and 
 
 One 
 
 Justice to determine as to amount 
 
 Yes 
 
 
 Nos. 
 
 within 7 
 
 (who or- 
 
 of satisfaction, and if apprentice 
 
 {Note 
 
 
 10—12, 
 
 years after 
 
 dered 
 
 do not give security to make such 
 
 13 c). 
 
 
 pp. 73, 
 
 the term ap- 
 
 satisfac- 
 
 satisfaction, impr. for not exc. 3 
 
 
 
 74. 
 
 prentice con- 
 
 tion to 
 
 months (JVo«e 13 b). 
 
 
 
 
 tracted to serve 
 
 be 
 
 
 
 
 
 {Note 11). 
 
 made). 
 
 
 
 
 
 4 On oath hy 
 
 Two, 
 
 Justices may discharge apprentice 
 
 Yes 
 
 To the ap- 
 
 Nos. 
 
 or on behalf 
 
 where 
 
 (s. 3), and order premium to be 
 
 {Note 
 
 prentice as 
 
 13—16, 
 
 of appren- 
 
 master 
 
 refunded and levied by distress ; 
 
 13). 
 
 compensa- 
 
 p. 74. 
 
 tice and within 
 
 in- 
 
 — in default impr. for not exc. 2 
 
 
 tion for the 
 
 
 6cal.m. (11 
 
 habits. 
 
 months (4 Geo. 4, c. 29, s. 2) ; — or 
 
 
 injury sus- 
 
 
 & 12 Vict. 
 
 
 instead of discharge, fine not exc. 
 
 
 tained by 
 
 
 i;.43, 5. 11). 
 
 
 40s., levied by distress, and for 
 want of distress, impr. for not exc. 
 10 days (33 Geo. 3, c. 55, s. 1). 
 
 
 him (33 
 
 Geo. 3, 
 
 c. 55, s.l). 
 
 
 5 Id. 
 
 Id. 
 
 Discbarge and fine as Offence 4, 
 
 Yes 
 
 To church- 
 
 Nos. 
 
 
 
 and the justices may order master 
 
 {Note 
 
 wardens or 
 
 18—22, 
 
 
 
 to pay not exc. jglO, and to de- 
 
 14). 
 
 overseers 
 
 p. 75. 
 
 
 
 liver up clothes, and not exc. £5 
 
 
 where ap- 
 
 
 
 
 for clothes if he refuse,— leviable 
 
 
 prentice 
 
 
 
 
 by distress (s. 11); — in default. 
 
 
 belongs 
 
 
 
 
 impr. for not exc. 3 cal. m. unless 
 
 
 (s. 11). 
 
 
 
 
 sooner paid (11 & 12 Vict. c. 43, 
 
 
 
 
 
 
 =. 22, ante, p. 179). 
 
 
 
 
 14 Appeal."} By 32 Geo. 3, c. 57, s. 12, — " it shall and may be lawful for such master 
 or mistress, from whom any parish apprentice shall be discharged under and by virtue of 
 the Act 20 Geo. 2, c. 19, to appeal against the order made for such discharge, and also 
 against any tuch order made for his or her payment of any such sum or sums of money in 
 consequence thereof, or for his or her payment of any sum or sums of money in lieu of a 
 subsequent binding, under and by virtue of the provisions of this act, to the next general 
 quarter sessions for the peace of the county, city, riding, division, or place where such 
 orders, any or either of them, sliall be made ; and upon such appeal the said court of 
 general quarter sessions shall finally determine the same, and allow to all parties their 
 reasonable costs ; — and no such distress for enforcing the payment of any such sum or 
 sums of money as are last mentioned shall be taken until after the general quarter ses- 
 sions of the peace to be holden next after any such order as aforesaid shall be made, in 
 case the person who is ordered to pay the same shall, within seven days after notice given 
 to him or her of such order being made, give notice to such churchwardens and overseers 
 of the poor, some or one of them, of such intended appeal ; and in case such person shall, 
 fail to appear in support of his appeal at such general quarter sessions, then the sum of 
 40s. shall be added to the expenses of the distress before directed to be taken and levied 
 accordingly." 
 
 Digitized by Microsoft® 
 
230 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 APPRENTICES— coniiMweii. 
 
 II. Offences by Masters — continued. 
 
 6. Wilfully abandoning a parish apprentice, 
 or 
 removing above 40 miles, without giving notice to churchwar- 
 dens or overseers, &c. 
 
 7. Any person putting away or transferring any parish apprentice to 
 
 another, 
 
 or 
 in any way discharging or dismissing him from his or her ser- 
 vice without justice's consent. 
 
 8. Master of poor apprentice wilfully refusing, 
 
 or 
 
 9. Neglecting, 
 
 to perform any of the terms or conditions inserted in any in- 
 denture by order of the Poor Law Commissioners. 
 
 ARSENIC. {NoteVi). 
 
 1. Any person selling any arsenic without entering in a book a statement 
 of the sale, the quantity sold, the purpose for which it is required, 
 the date of sale, and the name, abode, and occupation of the pur- 
 chaser, &c. 
 
 2. Selling arsenic to any person unknown to the seller unless in the pre- 
 
 sence of a witness known to the seller, and to whom the purchaser 
 is known, and who signs his name to the entry before delivery. 
 
 3. Selling arsenic to any person not of full age. 
 
 56 Geo. 3, 
 c. 139, s. 8. 
 
 Id. s. 10. 
 
 7 & 8 Vict, 
 c. 101, B. 12. 
 
 14 Vict. c. 
 s. 1. 
 
 13, 
 
 Id. s. 2. 
 
 Id. 
 
 15 AppeaW] By 56 Geo. 3, c. 139, s. 17, — " any person or persons who shall be dis- 
 satisfied with any act done by any justice or justices of the peace in the execution of this 
 act, may appeal against the same to any court of general or quarter sessions to be holden 
 for the county within which such act shall have been done, within three calendar months 
 after the fact so complained of, upon giving notice in writing to such justice or justices, 
 and also to the person or persons who shall be interested in such appeal, within twenty- 
 one days next after the act so appealed against shall have taken place ; and in case such 
 appeal shall be against any conviction, entering into a recognizance with two sufficient 
 sureties before any justice of the peace of the county or district within which such con- 
 viction shall have taken place, to appear at such general or quarter sessions to abide the 
 judgment of the court upon such appeal, ancj to pay the costs which may be awarded 
 thereon : and that it shall and may be lawful to and for the justices at such sessions to 
 hear and determine the matter of such appeal, and to award costs therein as they in their 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 APPRENTICES— ARSENIC. 
 
 231 
 
 Time of laying 
 rnformation. 
 
 Number 
 and what 
 Justices to 
 
 Penalty. &c, 
 ami 
 
 If Ap- 
 peal, and 
 
 Penalty, &c. 
 to whom 
 
 Page, «tc. 
 ol 
 
 &c. 
 
 convict. 
 
 Mode or enforcing. 
 
 «tc' 
 
 payable. 
 
 Formulibt. 
 
 fi Within 
 
 Two 
 
 £10 (s. 8),— recovered by distress. 
 
 Yes 
 
 To the 
 
 No. 26, 
 
 S cal. m. 
 
 (s. 12). 
 
 and in default impr. for not less 
 
 (Note 
 
 church- 
 
 p. 76. 
 
 
 
 than 1 nor more than 6 m. (s. 14). 
 
 15). 
 
 wardens 
 
 
 
 
 By s. 16 if penalty not paid within 
 
 
 and over- 
 
 
 
 
 1 cal. m. after conviction a war- 
 
 
 seers for the 
 
 
 
 
 rant to apprehend and imprison 
 
 
 use of the 
 
 
 
 
 the offender may be granted, not- 
 
 
 poor (s. 8). 
 
 
 
 
 withstanding he has goods. 
 
 
 
 
 7 Within 
 
 Id. 
 
 Not exc. £10 (s. 10) ;— recovered 
 
 Id. 
 
 To informer 
 
 No. 27, 
 
 6oal. m.(U 
 
 
 by distress as Offence 6, supra. 
 
 
 or overs, of 
 
 p. 76. 
 
 & 12 Vict. 
 
 
 
 
 poor, for 
 
 
 c. 43, s. 11). 
 
 
 
 
 poor rate 
 (s. 13). 
 
 
 8\ In writing 
 9/ (4 & 5 Will. 
 
 Id. 
 
 Not exc. £20 (s. 12),— recoverable 
 
 Yes 
 
 For use of 
 
 No. 28, 
 
 
 under s. 99 of 4 & 5 Will. 4, 
 
 (Note 
 
 par. or un, 
 
 p. 76. 
 
 4,c.76,s.lOI), 
 
 
 c. 76 (Note 16), by distress ;— if 
 
 17). 
 
 where of- 
 
 
 not on oath, and 
 
 
 insufficient distress, impr. for not 
 
 
 fence com- 
 
 
 within 6 cal. 
 
 
 exceeding 3 calendar months un- 
 
 
 mitted (s. 
 
 
 m. (11 & 12 
 
 
 less sooner paid. 
 
 
 99 of 4 & S 
 
 
 Vict c. 43, 
 
 
 
 
 WiH.4,c.76, 
 
 
 ».ll). 
 
 
 
 
 Note 16). 
 
 
 1 Within 
 
 Two 
 
 Not exc. £20 (s. 4) ; — recovered by 
 
 No. 
 
 Treasurer of 
 
 No. 1, 
 
 6cal. m. (11 
 
 (s. 4). 
 
 distress (11 & 12 Vict c. 43, s. 
 
 
 county (see 
 
 p. 77. 
 
 & 12 Vict 
 
 
 19, ante, p. 17.'5); — in default. 
 
 
 ante, p. 
 
 
 c. 43, s. 11). 
 
 
 impr. for not exc. 3 cal. m. unless 
 sooner paid. (See Id. s. 22, ante, 
 p. 179.) 
 
 
 190), no ap- 
 propriation 
 by the act 
 
 
 2 Id. 
 
 
 The like. 
 
 Id. 
 
 Id. 
 
 No. 2, 
 p. 77. 
 
 3 Id. 
 
 Id. 
 
 The like. 
 
 No. 
 
 Id., 
 
 No. 3, 
 p. 77. 
 
 discretion shall think fit j and all such appeals shall be to the sessions of the county 
 within which the act appealed against shall have taken place, and not to any district or 
 liberty within the same." 
 16'By s. 74 the 4 8c 5 Will. 4, c. 76, is incorporated with the act 7 & 8 Vict c. 101. 
 
 17 See appeal clause to title " Poor," post, Note 209- 
 
 18 What Arsenic — Sale under a Medical Prescription, Sfc.'] By s. 6, the word " arsenic" 
 IS to include arsenious acid and the arsenites, arsenic acid and the arseniates, and all other 
 colourless poisonous preparations of arsenic : — and by s. 5, the act is not to extend to the 
 sale of arsenic when the same forms part of the ingredients of any medicine required to be 
 made up or compounded according to the prescription of a legally qualified medical prac- 
 titioner, or a member of the medical profession, or to the sale of arsenic by wholesale to 
 retail dealers, upon orders in writing in the ordinary course of wholesale dealing. 
 
 Digitized by Microsoft® 
 
232 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 ARS'EtilC— continued. 
 
 4. Selling arsenic without being mixed with soot or indigo, in the pro 
 portion of one ounce of soot, or half an ounce of indigo, at the 
 least, to one pound of arsenic (see proviso in Note 19). 
 
 5. On any sale of arsenic, delivering the same without having made and 
 
 signed the entries required, or without having obtained the signa- 
 tures required, 
 or 
 
 6. Any person purchasing any arsenic giving false information to the 
 
 seller in relation to the particulars which he is authorized to in- 
 quire into of such purchaser, 
 or 
 
 7. Any person signing his name as a witness to a sale of arsenic to a 
 
 person unknown to him. 
 
 ASSAULT. (Note 200 
 
 1. Common.'] Any person unlawfully assaulting or beating any other 
 person. 
 
 [Mem. The party aggrieved must malce the complaint (s. 27), although 
 the oath may be by a credible witness {s. 33); and the justices have 
 no jurisdiction to convict in a penalty against the will of the com- 
 plainant t where he prays that the defendant may he bound over to 
 keep the peace ; Reg. v. Deny, 20 L. J., M. C. 189 j IS Jur. 277 ; 
 15 J. P. 818.] 
 
 14 Vict c. 13, 
 s. 3. 
 
 Id. 6. 4. 
 
 9 Geo. 4, c. 31, 
 s. 27. 
 
 19 Proviso to Offence 4.] That where such arsenic is stated by the purchaser to be 
 required, not for the use of agriculture, but for some other purpose for which such admixture 
 would according to the representation of the purchaser render it unfit, such arsenic may 
 be sold without such admixture in a quantity of not less than lOIbs. at any one time (s. 3). 
 
 20 Definition of an Assault — Jurisdiction on Question of Title, Sfc. — Assault accompanied by 
 aggravati7ig Circumstances.] An assault is an attempt or offer, with force and violence, to 
 do a corporal hurt to another ; as by striking at him with or without a weapon ; or throwing 
 a stone or riding at him (Martin v. Shoppee, 3 Car. & P. 373) i or striking a horse whereon 
 he is riding, whereby he is thrown (Dodwell v. Burford, 1 Mod. 24) ; or presenting a loaded 
 gun at him at a distance to which the gun can be discharged (R. v. James, 1 Car. & K. 530); 
 or holding up the hand in a threatening manner ; or any other circumstance denoting at 
 the time an intention, coupled with a present ability, of using actual violence against the 
 person, and although stopped at the particular moment (1 Hawk, c 62, s. 1 ; Stephens \. 
 Myers, 4 Car. & P. 349); and likewise any excess of violence in executing any legal or 
 illegal act (Mabel's Case, 9 Car. & P. 474 ; R. v. Driscoll, 1 Car. & M. 214 ; R. V. Milton, 
 Moo. & M. 107), will constitute an. assault ; but preventing the member of a society from 
 entering the society's room, by merely obstructing the entrance in a passive way, is not an 
 assault (James v. Wylie, 1 C. & K. 257) ; and see Bird v. Jones, 7 Q. B. 742, that a mere 
 obstruction is not an assault i but every unlawful imprisonment is an assault (R. v. March, 
 1 C. & K. 496). A battery is an injury, however small, actually done to the person of 
 another, in an angry, revengeful, rude, or insolent manner, as by spitting in his face, or in 
 any way touching him in anger, violently jostling him out of the way or the like (1 Hawk, 
 c. 62, s. 2), which includes an assault. By s. 29 of the 9 Geo. 4, c. 31, it is provided " that 
 nothing herein contained shall authorize any justices of the peace to hear and determine 
 any case of assault or battery in which any question shall arise as to the title to any lands, 
 tenements or hereditaments, or any interest therein or accruing therefrom, or as to any 
 bankruptcy or insolvency, or any execution under the process of any court of justice ;" but 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 ARSENIC-ASSAULT. 
 
 233 
 
 Time or laying 
 
 Number 
 and what 
 
 Penalty, 4c. 
 
 IfAp- 
 
 peal,and 
 
 Time, 
 
 Penalty, &c. 
 
 Page,te. 
 
 Information, 
 
 J ustices to 
 
 and 
 
 to whom 
 
 of 
 
 flic. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c. 
 
 payable. 
 
 Formullat. 
 
 4. Within 
 
 Two 
 
 Not exceeding £20 (s, 4);— re- 
 
 No. 
 
 Treasurer 
 
 No. 4, 
 
 6cal.m. (11 
 
 (s. 4). 
 
 covered by distress (11 & 12 Vict. 
 
 
 of county 
 
 p. 77. 
 
 & 12 Vict. 
 
 
 c. 43, s. 19, ante, p. 175) ;— in de- 
 
 
 (see ante, p. 
 
 
 c. 43, s. 11). 
 
 
 fault, impr. for not exc. 3 cal. m., 
 unless sooner paid (Id. s. 22 ; see 
 ante, p. 179). 
 
 
 190), no ap- 
 propriation 
 by the act. 
 
 
 5\ Id. 
 7/ 
 
 Id. 
 
 The like. 
 
 No. 
 
 Id. 
 
 Nos. 
 
 
 
 
 
 5—7, pp. 
 
 
 
 
 
 
 77, 78. 
 
 1 On oath 
 
 Two. 
 
 Not exceeding, together with the 
 
 No. 
 
 Overseer of 
 
 No. 1, 
 
 (s. 33), and 
 
 
 costs of conviction, £5 ; — in de- 
 
 
 poor where 
 
 p. 78. 
 
 within 3 cal. 
 
 
 fault of payment, imprisonment 
 
 
 ofiTence 
 
 
 m. (s. 34). 
 
 
 for not exceeding 2 cal. m., unless 
 sooner paid (s. 27). ( Fide Nates 
 21 and 22.) 
 
 
 committed, 
 
 for CO. rate 
 
 (s. 27). 
 
 
 there must be some colour of title, the bare assertion of right being insufficient to oust the 
 jurisdiction (see Reg. v. Dodson, et at, 9 Ad. & E. 704 ; 5 J. P. 404), and if the party used 
 unnecessary violence in asserting it, the question of title should entirely be left out of the 
 justice's consideration, and the party convicted of the assault ; and they have a right to 
 judge whether the question of title really arises in the case they are investigating (14 J. P. 
 636). If the justices shall find the assault or battery complained of to have been accompanied 
 by any attempt to commit felony, or shall be of opinion that the same is from any other 
 circumstance a fit subject for a prosecution by indictment, they shall abstain from any 
 adjudication thereupon, and shall deal with the case in all respects in the same manner as 
 they would have done before the passing of this act (s. 29). By s. 3 of the 14 & 15 Vict, 
 c. 55, the costs of prosecution in such a case are allowed as in cases of felony. 
 
 21 Certificate of Dismissal where Assault justified or trifling.} If the offence be not 
 proved, or be justified, or so trifling as not to merit any punishment, and the justices dis- 
 miss the complaint, a certificate of dismissal is to be forthwith delivered to the defendant 
 (s. 27), which certificate or payment of the penalty will bar all other proceedings (s. 28). 
 It must be applied for immediately or before the justices have separated ( R. v. Robinson, 
 12 Ad. & E. 672), and set forth the ground of dismissal (Skuse v. Davis, 10 A. & E. 635). 
 Form of Certificate, No. 2, p. 78, Oke's " FormuliSt," 2nd edit Where a party on being sum- 
 moned for an assault, appeared and pleaded "not guilty," and the prosecutor then with- 
 drew his complaint, and the defendant was accordingly discharged, it was held that this 
 was a hearing and dismissal which entitled the defendant to a certificate that the charge 
 had been dismissed as not proved (Tunnicliffe v. Tedd, 17 L. J. (N. S.) M. C. 67; 5 C. 
 B. 553). This may be done, it is conceived, when the complainant does not appear. 
 
 32 Penalty several on each Offender — Sureties.} The penalty in cases of assault can be 
 imposed on each ofiender {Morgan v. Brown, 6 Nev. & M. 57 i S. C, 4 Ad. & E. 515), 
 where more than one ; but the justices cannot order them to enter into a recognizance, 
 either with or without sureties, to keep the peace for a given period, in addition to the 
 
 Digitized by Microsoft® 
 
234 
 
 Summary Convictions. 
 
 [PAHT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 ASSAULT— cow ^inacd. 
 
 « 
 
 2. Aggravated Assault upon a Female, Sfc.'] Any person charged with an 
 
 assault upon any female whatever,^ — or upon any male child whose 
 age shall not in the opinion of the justices exceed fourteen years, 
 
 [Mem. The complaint may he made by " the party aggrieved or 
 otherwise ;" and the power to imprison, 8fc, is given to the justices, 
 or police or stipendiary magistrate *' if the assault is of such an 
 aggravated nature that it cannot in their or his opinion be suffi- 
 ciently punished under the provisions of the statute 9 Geo. 4, 
 i;. 31." A conviction under the act will " be a bar to any future 
 proceedings, civil or criminal, for or in respect of the same 
 assault," s. 1.] 
 
 3. To prevent Seamen, S;c. from worMng-l Any person unlawfully and with 
 
 force hindering any seaman, keelman or caster, from working at 
 or exercising his lawful trade, business or occupation, 
 
 4. Beating, wounding or using any other violence to him, with intent to 
 
 deter or hinder him from working at or exercising the same. 
 
 5. To prevent Sale, Sfc. of Corn, S;c.'\ Any person beating, wounding or 
 
 using any other violence to any person with intent to deter him or 
 hinder him from selling or buying any wheat or other grain, flour, 
 meal or malt, in any market or other place, 
 
 6. To any person having the care or charge of any wheat, &c.~ whilst on 
 its way to or from any city, market, town or other place, with 
 intent to stop the conveyance of the same. 
 
 [Mem. As to assaults on special, borough, county, or constables under 
 the Navigable Rivers or Watching Acts, see tit. " Constables," post; 
 for assaults on parochial constables appointed under 5 Sf 6 Vict, 
 c. 109, as that statute does not provide any punishment, the party 
 assaulting must be proceeded against for a common assault, or by 
 indictment. ] 
 
 BANKING COMPANIES. 
 
 Any banking company required to register under this act making 
 default in registering on or before the 1st of January, 1858 (see 
 Note 22 a.)- 
 
 [See further title " Joint Stock Companies," post, and Note 144 
 thereto.] 
 
 16 & 17 Vict. 
 c. 30, s. I. 
 
 9 Geo. 4, c. 31, 
 s. 26. 
 
 Id. 
 
 20 & 21 Vict 
 c. 49, s. 5. 
 
 penalty, for that would be a superadded punishment for the assault, which they cannot 
 impose, their power being exhausted by the infliction of the fine (J. Stone's Practice, 304 , 
 S. Stone's Manual, 69 i 8 J. P. 587). 
 
 22a What Companies within Act.'] By s. 4, every banking company consisting of seven 
 or more persons, and formed under the acts 7 & 8 Vict. c. 113, or 9 & 10 Vict c. 75 (Scot- 
 land and Ireland), shall, on or before the 1st of January, 1858, register itself as a company 
 
 Digitized by Microsoft® 
 
CHAP. II.] ASSAULT— BANKING COMPANIES. 
 
 235 
 
 Time of laying 
 
 Number 
 and what 
 
 Penalty, &c. 
 
 If Ap- 
 peal, and 
 
 Penalty, &c. 
 to whom 
 
 Page, &c. 
 
 InfonnuloD, 
 
 Justices to 
 
 Time, 
 &c. 
 
 of 
 
 4c. 
 
 convict. 
 
 Mode of enforcing. 
 
 payable. 
 
 Formull^t. 
 
 2 Within 
 
 Two at 
 
 Either impr. with or without h. 1. 
 
 No. 
 
 Treasurer 
 
 Nos. 
 
 6 cal. m. 
 
 a place 
 
 for not exc. 6 cal. m. ; — or fine not 
 
 
 of county, 
 
 4-6, 
 
 (11 & 12 Vict. 
 
 where 
 
 exc. (with costs) £20,— and in 
 
 
 &c. (see 
 
 p. 78. 
 
 c.43,s. 11). 
 
 petty 
 
 default of payment, impr. with or 
 
 
 ante, p. 
 
 
 
 sessions 
 
 without h. 1. for not exc. 6 cal. m. 
 
 
 190), no ap- 
 
 
 
 usually 
 
 unless sooner paid. 
 
 
 propriation 
 
 
 
 held. 
 
 And if the justices think fit, to be 
 bound to keep the peace and be 
 of good behaviour for not exc. 6 
 cal. m. from the expiration of 
 sentence [witliout surety]. 
 
 
 by the act. 
 
 
 3 J On oath 
 
 Two. 
 
 Imprisonment and hard labour for 
 
 No. 
 
 
 No. 7, 
 
 ij (s. S3), and 
 
 
 not exceeding 3 calendar months 
 
 
 
 p. 79. 
 
 within 3 cal. 
 
 
 (s. 26). 
 
 
 
 
 m.(s.a4) 
 
 
 
 
 
 
 5 J Id. 
 
 Id. 
 
 The like. 
 
 No. 
 
 
 Nos. 8, 9, 
 
 6l 
 
 
 
 
 
 p. 79. 
 
 Within 
 
 Two or 
 
 Each director or manager for each 
 
 No. 
 
 For use of 
 
 
 6 cal. m. 
 
 more 
 
 day the company is in default to 
 
 
 prosecutor 
 
 
 (11 & 12 Vict. 
 
 (19&20 
 
 incur a penalty of £5 (s. 5) ; — re- 
 
 
 (s. 5). 
 
 
 c. 43, B. 11). 
 
 Vict 
 C.47, 
 S.56, 
 
 Note 
 
 covered by distress (11 & 12 Vict. 
 0. 43, s. 19, ante, p. 175) ; — in de- 
 fault impr. for not exc. 3 cal. m., 
 unless sooner paid (Id; s. 22 j see 
 
 
 
 
 
 22 a). 
 
 ante, p. 179). 
 
 . 
 
 
 
 under this act (see sect 6). As to new banking companies, see s. 13. The Joint Stock 
 Companies Acts, 1856, 1857, are by s. 2 to be incorporated with and to form part of this 
 act, with certain exceptions mentioned in ss. 3, 11, 14 and 18, not necessary to be inserted 
 here. By 7 & 8 Vict. c. 113, s. 48, every banking company consisting of more than six 
 persons is to be deemed a trading company within the meaning of the Joint Stock Com- 
 panies Act, 7 & 8 Vict. c. 110. 
 
 Digitized by Microsoft® 
 
236 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BATHS AND WASHHOUSES. 
 
 Offences under the " Act to encourage the Establishment of Public 
 
 Baths and WaaJihouses." 
 
 1. Commissioners, or their officers or servants, having custody of account 
 
 books, heing requested, refusing to permit, 
 
 2. Not permitting, 
 
 any churchwarden, overseer or rate-payer to examine same or 
 take copy or extract. 
 
 3. Council, commissioners or officers taking fees beyond salaries, 
 
 or 
 
 4. Being interested in contracts. 
 
 BEEKHOUSES. 
 
 I. Offences against the Licence. 
 II. Offences as to Hours. 
 III. Other Offences. 
 
 I. Offences against the Licence {Note 26)- 
 
 1. Mixing any drugs or other pernicious ingredients in any beer, ale, 
 
 porter, cider or perry, 
 or 
 
 2. Fraudulently diluting, deteriorating or adulterating beer, &c., 
 
 or 
 
 3. Selling beer, &c. knowing the same to have been fraudulently diluted, 
 
 deteriorated or adulterated, 
 or 
 
 4. Using, in selling beer, &c. any measure not of the legal standard, 
 
 or 
 
 5. Wilfully or knowingly permitting any drunkenness, or any violent, 
 
 quarrelsome, or other disorderly conduct in his house or premises, 
 or 
 
 6. Knowingly suffering any unlawful games, or any gaming whatsoever 
 
 therein (Note 27), 
 or 
 
 7. Knowingly permitting or suffering persons of notoriously bad cha- 
 
 racter to assemble and meet together therein. 
 
 9 & 10 Vict, 
 c. 74, s. 14. 
 (Note 23). 
 
 Id. s. 39. 
 
 1 Will. 4, 
 c. 64, s. 13. 
 (Note 28)- 
 
 23 Witnesses.} WitnessSs refusing to appear or to be examined to forfeit not exceed- 
 ing £5 (s. 155 ; see ante, p. 122). 
 
 24 Incorporation Clause.} The provisions of " The Companies Clauses Consolidation 
 Act, 1845" (8 & 9 Vict. c. 16) are, as to the mode of recovering penalties, to apply to 
 offences under this act (s. 23), and the sections mentioned in the columns of this title 
 refer to that act. 
 
 25 Appeal.] The clause is in the 8 & 9 Vict. c. 16, post, title " Railways" (Note 227'- 
 26- Observations.} Vide Note 1 on title " Alehouses," ante, p. 218. The justices raay, 
 
 on information for these offences, require the party to produce his licence for examination 
 
 Digitized by Microsoft® 
 
CHAP. II.] BATHS AND WASHHOUSES— BEERHOUSES. 237 
 
 Time of laying 
 
 InforoiBtioD, 
 
 ke. 
 
 1 I Within 6 
 
 2 Ual..(s.3)ra. 
 
 (s. 133, 
 Note 24). 
 
 Number 
 aad what 
 Justices to 
 convict. 
 
 
 Id. 
 
 7i 
 
 Within 
 3 cal. m. 
 (s. 15). 
 
 Two 
 (s. 147) 
 
 Id. 
 
 Penall;, Sk. 
 
 and 
 
 Mode of enforcing. 
 
 Notexc. £5 (s. 14),— leviable by dis- 
 tress (s. 148 of 8 & 9 Vict. c. 16), 
 —detention! — if insufficient dis- 
 tress, imprisonment for not ex 
 ceeding 3 cal. (s. 3) m., unless 
 sooner paid (s. 149). 
 
 Forfeit £50 (s. 39),— recoverable, 
 &c. as Offences Nos. 1 and 2. 
 
 Yes 
 
 (s. 159, 
 
 Note 
 
 25). 
 
 Two of 
 the 
 
 division 
 where 
 house 
 situate 
 
 in petty 
 ses- 
 sions. 
 {Note 
 
 3 a)- 
 
 ir Ap- 
 peal, and 
 Time, 
 Sic. 
 
 Id. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Not more 
 than half to 
 inf. and rem. 
 to overs, of 
 poor(s. 152) 
 
 o the credit 
 
 of the rate 
 for relief of 
 poor (s. 40 
 
 of9& 10 
 
 Vict. c. 74). 
 
 Id. 
 
 Page, &c. 
 of 
 
 Formalist. 
 
 Ist Offence. Not less than 40s. nor Yes 
 more than £5 (s. 13). F'ide "Mi- (Srdof- 
 tigation" and " Recovery," infra, fence, 
 
 2nd Offence. Not less than £5 nor I Will, 
 more than jgIO(s. 13), if proof of 4, c. 64, 
 prior conviction (iVote 29), within s. 16. 
 12 cal. months preceding (s. 15). Note 
 Vide " Mitigation" and " Reco- 30). 
 very" infra. 
 
 3rd Offence. Not less than £20 nor 
 more than £60 (s. 13), if proof of 
 two prior convictibns {Note 29) 
 within 18 cal. m. preceding (s. 
 15), Vide infra, "Mitigation" 
 ani " Recovery ;" and oifender 
 may be deprived of licence for 2 
 years ensuing such conviction, 
 and no beer to be sold by retail by 
 any person on the same premises. 
 (Form of adjudication, No. 13. 
 p. 81 of Oke's " Formulist," 2nd 
 ed.) 
 \_See over. 
 
 Treasurer 
 of county, 
 
 but justices 
 may order 
 
 nol; exceed- 
 ing half to 
 prosecutor 
 (s. 22.) 
 
 No. 
 
 1 — 10, 
 
 pp. 79, 80 
 
 (see 
 
 Wray V. 
 
 Take, 
 
 17 L. J. 
 
 (N. S) 
 
 M. C. 
 
 183; 12 
 
 Jut. 936). 
 
 on the hearing (4 & 5 Will. 4, c. 85, s. 10), which may be done by the summons (Form 
 No. 11, p. 80, Oke's " Formulist," 2nd edit) 
 
 27 Observations on Gaming, Sfc."] Vide Note 3 on title " Alehouses," ante, p. 218. 
 
 28' Witnesses."] There is a penalty, not exceeding £\0, on a witness not appearing or 
 refusing to be examined (3. 20, see ante, p. 122). 
 
 29 Proof of Conviction.'] As this statute does not provide the means of proving the 
 prior convictjion, the general mode shown ante, p. 142, must be adopted. 
 
 30 Appeal.] By 1 Will. 4, c. 64, 5. 16, — " it shall and may be lawful for the party 
 convicted of any such third offence to appeal to the general sessions or quarter sessions of 
 
 Digitized by Microsoft® 
 
238 
 
 Summary Convictions. 
 
 [PAHT 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BEERHOUSES— continued. 
 
 I. Offences against thk Licence — continued. 
 
 8. Not maintaining good order and rule therein (not closing house in 
 
 case of riot or tumult, when ordered by justices, s. 11 of 1 Will. 4, 
 c. 64, and vide Mem. to Offence No. 9, title " Jlehouses," ante, 
 p. 220). 
 
 9. Keeping open at unauthorized hours. [Hours now defined by 3 ^ i 
 
 net. c. 61, 11 Sf 12 Vict. c. 49, and U &; 19 Vict. c. 118, vide 
 "Offences as to Hours," title "Alehouses," Offences 20-28, p 
 224.] 
 
 [Mem. On a third conviction, notice must be given to the Excise, 
 34-4 Vict. 0. 61, s. 17. Vide Form No. 34, p. 84, OWs 
 " Formulist," 2nd ed.] 
 
 II. Offences as to Hours. 
 •»* Every separate sale is a separate offence. {3 Sf i Vict. 
 
 10 
 
 , 61, .. 15.) 
 
 Keeping open house for selling beer or cider, 
 or 
 
 11. Selling or retailing beer, &c. [as to suffering same to be drunk, see 
 
 Mem. to offence No. IS, 5th column], before 5 in the morning- 
 after 12 at night, — in London, Westminster, and the boundaries of 
 Marylebone, Finsbury, the Tower Hamlets, Lambeth and South- 
 wark, as defined by 2 & 3 Will. 4, u. 64. 
 
 12. The like, before 5 a.m. — or after 11 p.m.— in any parish or place 
 
 within the bills of mortality, or within any city, cinque port, town 
 corporate, parish or place exceeding 2,500 inhabitants according 
 to last census, — or within one mile from a polling place for any 
 town having like population. 
 
 13. The like, before 5 a.m. — or after 10 p.m. — elsewhere. 
 
 14. The like, at any time during which licensed alehouses are closed 
 
 [i. e. now the afternoon divine service, and see ante, title, " Jle- 
 houses* ' ]. 
 
 1 Will. 4, 
 c. 64, s. 13 
 
 {Note 28;. 
 
 3 & 4 Vict. 
 
 c. 61, s. 15 
 
 {Notes 28 and 
 
 31, post, 
 
 p. 240). 
 
 the peace then next ensuing, unless such sessions shall be held within twelve days next 
 after such conviction, and in that case to the then next subsequent sessions ; — and in such 
 case, the party so convicted shall before such justices so convicting, forthwith enter into a 
 recognizance, with two sufficient sureties, personally to appear at the said general session 
 or quarter session, and to abide the judgment of the court thereupon, and to pay such 
 costs as shall be by the court awarded,— which recognizances such justices are hereby 
 authorized to require and take ; or, in failure of the party convicted entering into such 
 recognizance, such conviction shall remain good and valid to all intents and purposes, — 
 and the said justices who shall take such recognizance from the party convicted are also" 
 hereby required to bind the person who shall make such charge in a recognizance to 
 appear at such general or quarter sessions as aforesaid, then and there to give evidence 
 against the person so charged, and in like manner to bind any other person who shall 
 have any knowledge of the circumstances of such offence, — and it shall be lawful for the 
 said Court of general session or quarter session to adjudge such person to be guilty of 
 any such third offence against the provisions of this act, as the case may be, and such 
 adjudication shall be final to all intents and purposes ; — and it shall be lawful for such 
 court of general session or quarter session to punish such offender by fine, not exceeding the 
 sum of jglOO, together with the costs of such appeal, or to adjudge the licence granted to and 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 BEERHOUSES. 
 
 239 
 
 Time of laying 
 
 Number 
 and what 
 
 Penalty, Sec. 
 
 ^'Ir-i "^tfeS^- 
 
 Page,ic. 
 
 Information, 
 
 IiictS(*OB ,n 
 
 and 
 
 of 
 
 lie. 
 
 convict. 
 
 Mode of enforcing. 
 
 "c.' 1 P"y«i>'«' 
 
 FormullEt. 
 
 
 
 [_See preceding page for penalties.'] 
 
 
 
 
 8 J Within 
 
 9 \ S cal. m. 
 
 Two of 
 
 Mitigation.'] These penalties mSy be 
 
 Yes Treasurer 
 
 Nos. 
 
 the 
 
 mitigated to any extent (3 & 4 
 
 (3rd of- of county, 
 
 1—10, 
 
 (s. 15). 
 
 division 
 
 Vict. c. 61, s. 16, Notes 31, 32, 
 
 fence but justices 
 
 pp. 79, 80 
 
 
 where 
 
 post, p. 240). 
 
 1 Will, may order 
 
 (see 
 
 
 house 
 
 Recovery.l If penalties not paid 
 
 4,0.64, not exceed- 
 
 Wray v. 
 
 
 situate 
 
 within 7 days after conviction, dis- 
 
 s. 16, ing half to 
 
 Take, 
 
 
 in petty 
 
 tress warrant to issue. If goods 
 
 Note prosecutor 
 
 17 L. J. 
 
 
 ses- 
 
 insufficient, impr. for not exc. 1 
 
 30) 
 
 (s. 22 of 
 
 (N. S.) 
 
 
 sions 
 
 cal. m. if penalty not above £5; — 
 
 
 1 Will. 4, 
 
 M. C. 
 
 
 (Note 
 
 not exc. 3 cal. m. if above £5 
 
 
 c. 64). 
 
 183; 12 
 
 
 3 a). 
 
 and not more than £10 ; — and 
 not exc. 6 cal. m. if above £\0, 
 unless sooner paid (1 Will. 4, 
 c. 64, s. 21). 
 
 
 
 Jur. 936). 
 
 10\ Within 
 14/. 3 cal. m. 
 
 Id. 
 
 Ut Offence. 40s. (s. 15). 
 
 Yes, 
 
 Id. 
 
 Nos. 
 
 
 2nd Offence. If proof of prior con- 
 
 3rd of- 
 
 
 14—17, 
 
 {Note 31, 
 
 
 viction within 12 cal. m. preced- 
 
 fence 
 
 
 p. 81. 
 
 post, p. 240). 
 
 
 ing, not exceeding £10 (s. 15 of 
 
 1 Will. 4, c. 64). 
 3rd Offence. If proof of two prior 
 
 convictions within 18 cal. m. pre 
 
 ceding, £5 (Id.) 
 " Mitigation" and " Recovery," as 
 
 Offences Nos. 7 to 9. (See Notes 
 
 31, 32, post, p. 240). 
 
 (Note 
 
 30). 
 
 
 Nos. 
 18—21, 
 
 
 
 
 
 
 p. 82. 
 
 held by or on behalf of such offender to be forfeited and void, or to adjudge that no 
 beer shall be sold by retail in the house or premises mentioned in the licence of such 
 offender for the term of two years fi-om the date of such adjudication, or to punish such 
 offender by such fine as aforesaid, and to adjudge such premises to be disqualified for the 
 sale of beer as aforesaid, and such licence to be forfeited and void ; — and if such licence 
 shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly ; — and 
 whenever in any such case, or in any other case, the licence of such offender shall be ad- 
 judged to be void, such offender shall from and after such adjudication be deemed and 
 taken to be incapable of selling beer, ale or porter by retail, in any house kept by him, 
 for the space of two years, to be computed from the time of such adjudication;— and any 
 licence granted to such person during such term sball be void to all intents and purposes." 
 Sect. 17 provides, that if the conviction is affirmed or the appeal abandoned, the court 
 may order payment by the appellant of the costs the justices have been put to, and in 
 default of payment commit him for not exceeding six calendar months, unless sooner 
 paid; — and in case the conviction is reversed, the court may order the treasurer of the 
 county, &c. to pay the justices their costs." By s. 18, if any such appeal be made, con- 
 victing justices may order constable to carry on the prosecution, and bind him in a suf- 
 ficient recognizance so to do, and the convicting justices may order the treasurer of the 
 
 Digitized by Microsoft® 
 
240 
 
 Summary Convictions, 
 
 [part I, 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BEERHOUSES— conKnuerf. 
 
 II. Offences as to Houfts — cmtinued. 
 
 15. Suffering any beer or cider to be drunk or consumed in or at such 
 
 house at any of the above-mentioned times. 
 
 16. Js to Hours on Sunday, Sfc] Same as Offences 20—28, p. 224, 
 
 under 11 & 12 Vict. c. 49 and 18 & 19 Viet. u. 118, title "Ale- 
 houses," but the sureties of the beerhouse keeper would not be 
 liable to the penalty under those acts, as provided by 1 Will. 4, 
 c. 64, s. 19 [Note 32), for the 11 & 12 Vict. c. 49, and 18 & 19 
 Vict. c. 118, are independent acts, and are not incorporated with 
 it. 
 
 III. Other Offences. 
 
 17. Unlicensed person selling by retail (iVoie 33)> either to be consumed 
 
 on or off the premises, 
 or 
 
 18. Selling on the premises without being duly licensed so to do. 
 
 \_See 13 4' 14 Vict. c. 67, ss. 6, 7, as to Brewers and Distillers' Licences.'] 
 
 19. Not having painted board over door, with name at full length, and 
 
 the words " licensed to sell beer and cider by retail" [with the 
 additional words " not to be drunk on the premises," or " to be 
 drunk on the premises"] 3 inches at least in length, white upon 
 black or black upon white. 
 
 20. As to Rating (Note 35)-] Overseer refusing to grant certificate of 
 
 the rating or assessment of any rated house and premises, when 
 
 demanded, — or of any person having claimed to be rated in respect 
 
 of any newly erected house not yet rated, 
 
 or 
 
 21. Overseer falsely certifying house to be rated, 
 
 or 
 
 22. Overseer or other person falsely certifying any person to be the real 
 
 resident of any house {See Note 36)- 
 
 3 & 4 Vict. 
 
 c. 61, s. 15 
 
 {Notes 28 and 
 
 31). 
 
 3 & 4 Vict, 
 c. 61, s. 13. 
 
 1 Will. 4, c. 64, 
 
 s. 6; 4&5 
 
 Will. 4, c. 85, 
 
 s. 18. 
 
 3&4Vict.c.61, 
 S.5. 
 
 county, &c. to pay to such prosecutor and the witnesses their expenses, which order the 
 clerk of the peace is to make out. These provisions as to appeal apply to a third con- 
 viction, under either of the acts, 4 & 5 Will. 4, e. 85, and 3 & 4 Vict. c. 61, and not to any 
 conviction under them. {Fide s. 11 of 4 & 5 Will. 4, c. 85, and s. 21 of 3 & 4 Vict. c. 61.) 
 Form of Recognizance to give evidence or prosecute, No. 51, Oke's " Formulist," 2nd 
 ed., p.87. 
 
 31 Offences as to Hours — Application of Provisions of 1 Will. 4, c. 64, and iS^S Will. 4, c. 85, 
 to 3 4" 4 y~tcl. c. 61 — Where no specific Penalty imposed fur Second or Third Offences, Sfc-] 
 Sect 19 of the 3 & 4 Vict c. 61, enacts, that the penalties under it, where not otherwise 
 directed, are to be recovered under the provisions of the 1 Will. 4, u. 64, and 4 & 5 Will. 4, 
 c. 85 ; by sect 21, the powers, provisions and penalties of the latter acts are to apply to the 
 3 & 4 Vict. t. 61. Sect. 15 of one of those acts (1 Will. 4, c. 64) governs and regulates 
 the proceedings and penalties for a second or third offence against the provisions of the act 
 (and now, by virtue of the sections referred to, against the provisions of any of the acts 
 relating to beerhouses, see Beg. v. Waghorn, 22 L. J. (N. S.) M. C. 60 ; 17 J. P. 247), or 
 for any offence for which a specific penalty is not imposed. 
 
 32 Sureties liable.] Proceedings can be taken against the sureties of the person 
 licensed for recovery of penalty incurred, after one calendar month from the conviction 
 {see 1 Will. 4, c. 64, s. 19. Forms, No. 47—50, pp. 86, 87, of Oke's " Formulist," 2nd ed.) 
 
 Digitized by Microsoft® 
 
CHAP II.] 
 
 BEERHOUSES. 
 
 241 
 
 Time of laying 
 larormatlon, 
 
 Number 
 and what 
 
 Penalt;, &c. 
 and 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, Sic. 
 to wnom 
 
 Page,&c. 
 
 Sic. 
 
 convict. 
 
 Mode of enforcing. 
 
 Sill. 
 
 payable. 
 
 FormuliBt. 
 
 15\ Within 
 16/8 cal. m. 
 
 Two of 
 
 "Mem. The offence No. 15 is omitted 
 
 Yes, 
 
 Treasurer 
 
 No. 22, 
 
 the 
 
 to be recapitulated in the concluding 
 
 3rd of- 
 
 of county. 
 
 p. 82. 
 
 (Note 31). 
 
 division 
 
 part ofs. liof 3 Sfi Viet. u. 61 ; 
 
 fence 
 
 but justices 
 
 
 
 where 
 
 consequently it would appear to be 
 
 {Note 
 
 may order 
 
 
 
 house 
 
 punishable under 1 Will. 4, c. 64, 
 
 30). 
 
 not exc. 
 
 
 
 situate 
 
 s. 15 (vide Note 31)j ^* ^" offence 
 
 
 half to pro- 
 
 
 
 in petty 
 
 for which no specific penalty is im- 
 
 
 secutor (s. 
 
 
 
 sessions 
 
 posed]. 
 
 
 22 of 1 Will. 
 
 
 
 (Note 
 
 1st Offence. Not exc. £5. 
 
 
 4, .;. 64). 
 
 
 
 3 a)- 
 
 2nd and 3rd Offences, as 10 to 14. 
 "Mitigation" and "Recovery," as 
 Offences 7 to 9, supra. 
 
 
 
 
 17\ Within 
 18/ 3 cal. m. 
 
 Id. 
 
 1st Offence. £5 in addition to ex- 
 
 Id. 
 
 Id. 
 
 No. 23, 
 
 
 cise penalty (s. 13 of 1 Will. 4, 
 
 
 {Note 31). 
 
 p. 82. 
 
 {Notes 31 
 
 
 c. 64). 
 
 
 
 
 and 34). 
 
 
 2nd and 3rd Offences, as 10 to 14. 
 "Mitigation" and "Recovery," as 
 Offences 7 to 9, supra. 
 
 
 
 
 19 Within 3 
 
 Id. 
 
 £10. See " Mitigation," infra. 
 
 Id. 
 
 Id. 
 
 No. 24, 
 
 cal. months 
 
 
 2nd Offence would not exceed iglO 
 
 
 
 pp.82, 83. 
 
 (s. 15 of 1 
 
 
 (see s. IS of 1 Will. 4, c. 64). 
 
 
 
 
 Will. 4, c. 64). 
 
 
 3rd Offence, as 10 to 14, supra. 
 " Mitigation" and " Recovery," as 
 Offences 7 to 9, supra. 
 
 
 » 
 
 
 20 ? Id. 
 
 22 S {Note 31). 
 
 Id. 
 
 £20 (s. 5). See " Mitigation" below. 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 2nd Offence would not exceed £10 
 
 
 
 25—30, 
 
 
 
 (see s. 15 of 1 Will. 4, u. 64). 
 
 
 
 pp.83, 84. 
 
 
 
 3rd Offence, as 10 to 14, supra. 
 
 
 
 
 
 
 "Mitigation" and "Recovery," as 
 
 
 
 
 
 
 Offences 7 to 9, supra. 
 
 
 
 
 33 Selling by retail defined.-] Selling in any less quantity than 4J gals. (4 & 5 Will. 4, 
 c. 85, 3. 19 I : and see Note 7, ante, p. 222, tit. " Alehouses," as to small or table beer. 
 
 34 Who to lay Information.'] The information must be exhibited by and in the name ot 
 a constable or other officer of the peace (3 & 4 Vict. c. 61, s. 13). 
 
 35 Scale of Rating for Beerhouses.] Within London or Westminster, or within the bills 
 of mortality, or within any city, cinque port, town corporate, parish or place, population 
 exceeding 10,000, or within one mile from any polling place for a town of the same popu- 
 lation and returning members to parliament, if rated in one sum to the poor rate on a rent 
 or annual value of £15 per annum at the least ;— within any city, cinque port, town cor- 
 porate, parish or place, population exceeding 2,500, and not exceeding 10,000, or within 
 one mile from any polling place for a town of the same population and returning members 
 to parliament, if rated in one sum to the poor rate on a rent or annual value oi £11 per 
 annum ,— if situated elsewhere, to be rated in one sum to the poor rate on a rent or annual 
 value of £8(3 & 4 Vict. c. 61, s. 1). /,„ t r. ^hq ttTo,.,! 
 
 36 Overseers' Certificate.] In the case of Reg. v. Kensington (12 }.^. 74d ; 1/ i-aw J. 
 Q. B. 332 ; 12 Jur. 747 ; 12 Q. B. 654), it was decided that the 3 & 4 Vict c. 61, s. 2, does 
 not compel an overseer to give a person, who is desirous of applying for a beerhouse 
 licence, a certificate that he is the real resident holder and occupier of the house tor which 
 
 OB ^ 
 
 Digitized by Microsoft® 
 
242 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BEERHOUSES— (;on(znK«if. 
 
 III. Other Offences — continued. 
 
 23. Overseer or other person falsely certifying the rent or annual value 
 
 at which rated, or rent paid, or annual value thereof, 
 or 
 
 24. Overseer or other person granting any certificate which shall in any 
 
 other respect be wilfully false. 
 
 25. Every person who shall, for the purpose of obtaining for himself, or 
 
 enabling any other person to obtain, a licence to retail beer or 
 cider, forge or counterfeit any certificate, 
 or 
 
 26. Shall produce or make use of any certificate, knowing the same to 
 
 " be forged or counterfeit, or the matters certified therein, or any 
 of them, to be false. [5ce Offence 31 a also.^ 
 
 27. Permitting or suffering any wine, spirits, sweets or made wines, mead 
 
 or metheglin, to be brought into house or premises to be drunk or 
 consumed there, 
 
 28. Sufiering any wines, spirits, sweets, mead or metheglin, to be drunk 
 
 or consumed in house or premises by any person whomsoever. 
 
 [yide Chap. III. of this Part for further offences of this nature.'] 
 
 29. Selling by other than standard measure (except in quantities less 
 
 than half a pint). 
 
 30. Wilfully refusing or neglecting to produce licence to justices, if re- 
 quired, on complaint for any offence against its tenor. 
 
 31. Licensed person or his servant refusing to admit or not admitting 
 any constable or officer of police in the house or upon the pre- 
 mises, whenever he shall think proper. [See also title " Ule- 
 houses," Offences 23 and 28, ante, p. 224.] 
 
 3 &4Victc.61, 
 s. 5. 
 
 Id. B. 6. 
 
 4 & 5 Will. 4, 
 c. 85, s. 16. 
 
 Id. s. 12. 
 
 Id. ». 10. 
 
 Id. s. 7. 
 
 he seeks the licence, as in the case of the rating, which subjects him by the 5th section to 
 the penalty for refusing {vide Article 15 J. P. 17). 
 
 37 What Justices to convict for using forged Certificate.'] In the case of Reg.y. Waghom, 
 22 L. J. (N. S.) M. C. 60 ; 17 J. P. 247, it was decided that, with respect to the offence of 
 using a false certificate, the justices to convict must be those of the. place where the 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 BEERHOUSES. 
 
 243 
 
 TimeoflaylDg 
 
 Number 
 and what 
 Justices to 
 
 Penalty, Ac. 
 and 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to wtiom 
 
 Page,^&c. 
 
 &C. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c. 
 
 payable. 
 
 Formulist. 
 
 23 > Within 
 
 Two of 
 
 £20 (s. 5.) See "Mitigation" below. 
 
 Yes, 
 
 Treasurer of 
 
 Nos. 
 
 2i \ 3 cal. m. 
 
 the 
 
 •2nd Offence would not exceed £10 
 
 Srd Of- 
 
 county, but 
 
 25—30, 
 
 (s. 15 of 
 
 division 
 
 (see s. 15 of 1 Will. 4, c. 64). 
 
 fence 
 
 justices 
 
 pp. 83,84. 
 
 ] Will. 4, 0.64, 
 
 where 
 
 3rd Offence, as 10 to 14, supra. 
 
 (Note 
 
 may order 
 
 
 Note 31). 
 
 house 
 
 •^Mitigation** and "Recovery,** as 
 
 30)- 
 
 not exc. 
 
 
 
 situate 
 
 Offences 7 to 9, supra. 
 
 
 half to pro- 
 
 
 
 in petty 
 
 
 
 secutor (s. 
 
 
 
 sessions 
 
 
 
 22 of 1 Will. 
 
 
 
 (Note 
 
 
 
 4, c. 64). 
 
 
 
 3 a)- 
 
 
 
 
 
 25 ) Id. 
 
 26 ] {Note SI). 
 
 Id. 
 
 £50. "Mitigatign" and " Recovery,** 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 (Note 
 
 as Offences 7 to 9, supra. Li- 
 
 
 (Note 31). 
 
 31-34, 
 
 
 37). 
 
 cence to he adjudged void, and 
 offender disqualified from obtain- 
 
 
 
 p. 84. 
 
 
 , 
 
 ing any licence again (s. 6). 
 
 
 
 
 27 ) Within 3 
 
 28 \ cal. m. 
 
 Id. 
 
 £20 over and above any excise pe- 
 
 Id. 
 
 County 
 
 Nos, 
 
 
 nalty (s. 16). 
 
 
 treasurer. 
 
 35, 36, 
 
 (s. 15 of 
 
 
 2nd Offence would be not exceeding 
 
 
 and not exc. 
 
 pp.84, 85. 
 
 1 Will. 4, c. 64, 
 
 
 £10 (see s. 15 of 1 Will. 4, c. 64). 
 
 
 half to pros. 
 
 
 Notes 34, 38). 
 
 
 3rd Offence as 10 to 14. 
 "Mitigation** and "Recovery," as 
 Offences 7 to 9, supra. 
 
 
 (s. 22 of 
 1 Will. 4, 
 C.64, iVoie 
 
 38). 
 
 
 29 Within 
 
 Id. 
 
 Forfeit illegal measure, and 40s. 
 
 Id. 
 
 Id. 
 
 No. 37, 
 
 30 days. 
 
 (Note 
 
 3 a)- 
 
 over and above all other penalties 
 liable to (s. 12, Note 38). 
 
 2nd and 3rd Offences, as 10 to 14. 
 
 "Mitigation** and "Recovery,** as 
 Offences 7 to 9, supra. 
 
 
 
 p. 85. 
 
 30 Within 
 
 - Id. 
 
 Not exceeding £5 (s. 10, Note 38)- 
 
 No. 
 
 Id. 
 
 No. 38, 
 
 3 cal. m. 
 
 
 2nd and 3rd Offences, as 27, 28, 
 
 
 
 p. 85. 
 
 (s. 15 of 
 
 
 supra. 
 
 
 
 
 lWill.4,c.64, 
 
 
 
 
 
 
 Note 38). 
 
 
 
 
 
 
 31 Within 
 
 One or 
 
 Ist Offence, not exc. £5 (s. 7). 
 
 No. 
 
 Id. 
 
 .. 
 
 20 days. 
 
 two 
 (Note 
 
 3 a)- 
 
 2nd Offence (before two justices) to 
 be disqualified from selling beer 
 for not exc. 2 years. 
 
 
 
 
 certificate is produced to the Excise, that being where the offence is committed, and not 
 where the house is situate licensed by such false certificate, the defendant not being a 
 licensed person. ^ , , ■,-, r a « c i»r;ii 
 
 38 Extension Clause.] The provisions of 1 Will. 4, c. 64, are by s. 11 of 4 & 5 Will. 
 4, c. 85, extended to offences under the latter act. 
 
 r2 
 
 Digitized by Microsoft® 
 
244 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BEERHOUSES — continued. 
 
 III. Other Offences — continued. 
 
 31 a. Any person certifying in any certificate [i.e. of good character from 
 inhabitants and overseers, on applying for a beer licence, s. 2] 
 any matter as true, knowing the same to be false, — or making use 
 of a certificate, knowing it to be forged, or the matters certified 
 therein to be false. 
 
 32. Knowingly selling beer, ale or porter made otherwise than from malt 
 
 and hops, 
 
 or 
 
 33. Mixing or causing to be mixed, any drugs or other pernicious in 
 ' gredients with any beer sold in house or premises, 
 
 or 
 
 34. Fraudulently diluting, or in any way adulterating, any such beer. 
 
 35. Person convicted of Off*ences 32 to 34, supra, during such term of 
 years disqualified, selling any beer, &c. by retail {Note 33 )> either 
 in premises mentioned in licence, or in any other place. 
 
 36. Any person (during the time it shall not be lawful for beer to be sold 
 on the premises of any ofiender) selling any beer by retail {Note 
 33) on such premises, knowing it was not lawful to be sold. 
 
 As to harbouring County Police, as to Soldiers' Billets, and not admitting 
 Constables, see "Alehouses," ante, pp. 222, 224. 
 
 BETTING HOUSES. 
 
 1. Keeping.'] Any person, who, — being the owner or occupier of any 
 
 house, office, room or other place, — or a person using the same, — 
 
 shall open, keep, or use the same for the purposes hereinbefore 
 
 mentioned [Fide Note 39], or either of them, 
 
 or 
 
 2. Any person who, being the owner or occupier of any house, room, o£Sce 
 
 or other place, shall knowingly and wilfully permit the same to be 
 
 opened, kept or used by any person for the purposes aforesaid 
 
 IFide Note 39], or either of them, 
 
 or 
 
 3. Any person having the care or management of, or in any manner 
 
 assisting in conducting the business of any house, office, room or 
 place opened, kept or used for the purposes aforesaid, or either of 
 them. 
 
 4 & 5 Will. 4, 
 u* 85) s. 8, 
 
 1 Will. 4, c. 64, 
 ». 13. 
 
 Id. 
 
 Id. 
 
 16 & 17 Vict 
 c. 119, s. 3. 
 
 39 What Betting, S;c., prohibited : Query, Incorporation of certain Sections qf Gaining 
 Houses Acts.] By s. 1 it is enacted, that " no house, office, room or other place shall be 
 
 Digitized by Microsoft® 
 
CHAP. II.] BEERHOUSES-BETTING HOUSES. 
 
 245 
 
 Time of laying 
 
 loformatlou, 
 
 SiC. 
 
 31 a Within 
 3 cal. m. 
 (s. 15 of 
 1 Will. 4, c. 64, 
 Note 38). 
 
 32"! 
 34 j 
 
 Within 
 3 cal. m. 
 (s. 15). 
 
 33 Id. 
 
 36 Id. 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Two or 
 more 
 (s. 8, 
 Note 
 
 3 a). 
 
 Two of 
 the 
 
 division 
 where 
 house 
 situate 
 
 in petty 
 
 sessions 
 (Note 
 
 3 a). 
 
 Id. 
 
 1 ) Within 6 
 3 S cal. months 
 (11 & 12 Vict. 
 
 ,;. 43, s. 11) 
 {see Note iO, 
 post, p. 246). 
 
 Id. 
 
 Penalty. &c. 
 
 and 
 
 Mode of enforcing. 
 
 £20, and the person using the cer- Yes, 
 tificate for ever disqualified from SrdOf- 
 obtaining a licence (s. 8). fence 
 
 Mitigation" and "Recovery," as (Note 
 Offences 7 to 9, supra. 30). 
 
 [This is not an excise penalty, Reg. 
 v.Bakewell, 26 L. J. (N.S.) M.C. 
 150 i 21 J. P. 357 i Reg. v. Cra- 
 dock, 21 J. P. 358.] 
 
 If Ap- 
 peal, and 
 Time, 
 ic. 
 
 Two 
 
 (s. 3). 
 
 1st Offence, not less than £10 nor 
 
 more than £20 (s. 13). 
 2nd Offence, disqualified from selling 
 
 beer, &c. for two years, — or forfeit 
 
 not less than £20 nor more than 
 
 £50 (s. 13). 
 yide " Mitigation" and " Recovery," 
 
 as Offences 7 to 9, supra. 
 
 Not less than £25 nor more than 
 £50, and a like penalty at any 
 and every house or place he com 
 mits such offence (s. 13). 
 
 2nd and 3rd Offences (s. 15) would 
 appear to be inoperative here (see 
 s. IS). 
 
 Not less than £10 nor more than 
 £20(s. 13). 
 
 2nd Offence (s. 15) would be inop- 
 erative (see s. 15). 
 
 3rd Offence, £50 (s. 15). 
 
 See Offences 10 to 14, and " Miti- 
 gation" and " Recovery," Offences 
 7 to 9, supra. 
 
 Not exc. £100 and costs (s. 3); to 
 be levied by distress (s. 8), and 
 in default to be impr. with or 
 without h. 1. for not exc. 6 cal. m. 
 (s. 3) ; — and if committed to pri- 
 son, the costs alone may be levied 
 by distress (s. 8); — or, if to the jus- 
 tices it shall seem fit, impr. in the 
 first instance, with or without h. 1., 
 for not exc. 6 cal. m. (s. 3), and 
 the costs may be levied separately 
 under 11 & 12 Vict. c. 43, s. 24, 
 ante, p. 170, and in default a 
 month's imprisonment. 
 
 No. 
 
 Yes, 
 3rd Of- 
 fence 
 {Note 
 so- 
 
 ld. 
 
 County 
 
 treasurer, 
 
 and not exc. 
 
 half to pros. 
 
 (s. 22 of 
 
 1 Will. 4, 
 
 c. 64, Note 
 
 38). 
 
 Id. 
 
 Penalty, Sec. 
 to whom 
 payable. 
 
 Id. 
 
 Id. 
 
 Yes 
 (s. 13 
 Note 
 
 41, 
 
 postf 
 p.247). 
 
 Page, &c. 
 of 
 
 Formutist. 
 
 Nos. 
 
 39—42, 
 
 p. 85. 
 
 One half to 
 informer 
 and re- 
 mainder in 
 aid of poor 
 rate (s. 9). 
 
 No. 43, 
 p. 85. 
 
 Nos. 
 44, 45, 
 p. 86. 
 
 Nos. 
 
 1-3, 
 
 pp. 87, 
 
 88. 
 
 opened, kept or used for the purpose of the owner, occupier or keeper thereof, or any 
 person using the same, or any person procured or employed by or acting for or on behalt 
 
 Digitized by Microsoft® 
 
246 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BETTING nOVSES— continued. 
 
 4. Agreeing to pay Money on Race, Sfc.~\ Any person, — being the owner or 
 
 occupier of any house, office, room or place opened, kept or used 
 for the purposes aforesaid [in sect. 1, vide Note 39], or either of 
 them, or any person acting for or on behalf of any such owner or 
 occupier, or any person having the care or management, or in any 
 manner assisting in conducting the business thereof, — who shall 
 receive, directly or indirectly, any money or valuable thing, as a 
 deposit on any bet, on condition of paying any sum of money or 
 other valuable thing on the happening of any event or contingency 
 of or relating to a horse race or any other race, or any fight, game, 
 sport or exercise, or as or for the consideration for any assurance, 
 undertaking, promise or agreement, express or implied, to pay or 
 give thereafter any money or valuable thing on any such event or 
 contingency {Note 43> P"*') P- 248). 
 
 5. Any person giving any acknowledgment, note, security, or draft, on 
 
 the receipt of any money or valuable thing so paid or given as 
 aforesaid, purporting or intended to entitle the bearer or any other 
 person to receive any money or valuable thing on the happening 
 of any such event or contingency as aforesaid. 
 
 16 & 17 Vict. 
 c. 119, s. 4. 
 
 Id. 
 
 of such owner, occupier or keeper, or person using the same, or of any person having the 
 care or management or in any manner conducting the business thereof betting with persons 
 resorting thereto ; — or for the purpose of any money or valuable things being received by or 
 on the behalf of such owner, occupier, keeper or person as aforesaid as or for the consider- 
 ation for any assurance, undertaking, promise or agreement, expressed or implied, to pay 
 or give thereafter any money or valuable thing on any event or contingency of or relating 
 to any horse race, or other face, fight, game, sport or exercise, or as or for the consideration 
 for securing the paying or giving by some other person of any money or valuable thing on 
 any such event or contingency as aforesaid ; — and every house, office, room or other place 
 opened, kept or used for the purposes aforesaid, or any of them, is hereby declared to be a 
 common nuisance and contrary to law." By s. 2, "every house, room, office or place 
 opened, kept or used for the purposes aforesaid, or any or them, shall be taken and deemed 
 to be a common gaming house within the meaning of the 8 & 9 Vict. c. 109, " To amend 
 the Law concerning Games and Wagers ;" but this will not have the efi^ect of insorpora- 
 ting the following provisions of the amended Gaming Houses Act, 17 & 18 Vict. c. 38 
 (tit. '' Gaming Houses," post, which is to be read with the 8 & 9 Vict. c. 109, as one act), 
 so as to make them applicable to betting houses, viz. — penalty for obstructing entry of 
 constables (s. 1) ; persons apprehended giving false names, &c. (s. 3); power to justices 
 to require persons apprehended to give evidence (s. 5) ; and indemnity to such witnesses 
 (s. 6). 
 
 40 ffko to prosecute for Offences. — Search of suspected Houses.'] By s. 10,—" in case 
 any person who shall have laid any complaint or information in respect of any ofience 
 against this act shall not appear at the time at which the defendant may have been sum- 
 moned to appear, or at any time to which the hearing of the summons may have been 
 adjourned ; — or, in the opinion of any justices having authority to adjudicate with respect 
 to the offences charged in such information or complaint as aforesaid, shall otherwise have 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 BETTING HOUSES. 
 
 247 
 
 Time of laying 
 Information^ 
 
 4 Within 
 
 6 cal. m. 
 
 (11 & 12 Vict. 
 
 c. 45, s. 11, 
 
 see Note iO). 
 
 Id. 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Two 
 
 (s. 4). 
 
 Id. 
 
 Penalty, Stc, 
 
 and 
 
 Mode of enforcing. 
 
 Not exc. £50 and costs (s. 4) ; to 
 be levied by distress (s. 8), and 
 in default of distress to be impr. 
 with or without h. 1. for not exc. 3 
 cal. m. (s. 43,— and if committed 
 to prison, the costs alone may be 
 levied by distress (s. 8) ; — or if to 
 the justices it shall seem fit, impr. 
 in the first instance, with or with- 
 out h. 1., for not exc. 3 cal. m. 
 (s. 4), and the costs may be levied 
 separately under 11 & 12 Vict. 
 c. 43, s. 24, ante, p. 170, and in 
 defaultof distress amonth'simpr. 
 
 Not exc. £50 and costs (s. 4) ; to 
 be levied by distress (s. 8) ; and 
 in default of distress, to be impr. 
 with or without h. 1. for not exc. 
 3 cal. m.(s. 4) ; — and if committed 
 to prison, the costs alone may be 
 levied by distress (s. 8); — or, if 
 to the justices it shall seem fit, 
 impr. in the first instance, with or 
 without h. 1. for not exc. 3 cal. 
 m. (s. 4); and the costs may be 
 levied separately under 11 & 12 
 Vict. c. 43, s. 24, ante, p. 170, and 
 in default of distress a month's 
 imprisonment 
 
 If Ap- 
 peal, and 
 Time, 
 Sic. 
 
 Yes 
 (s. 13, 
 Note 
 
 41). 
 
 One half to 
 informer 
 and re- 
 mainder in 
 aid of poor 
 rate (s. 9). 
 
 Id. 
 
 Penalty, &c. 
 to wfiom 
 payable. 
 
 Id. 
 
 Page, Sec. 
 
 of 
 Formulisr. 
 
 No. 4, 
 p. 88. 
 
 No. 5, 
 p. 88. 
 
 neglected to proceed upon or prosecute such information or complaint with due diligence, 
 it shall be lawful for such justices to authorize any other person to proceed on such sum- 
 mons instead of the person to whom the same may have been granted, or, if such justices 
 think fit, to dismiss the summons already granted, and authorize any person to take oiit a 
 fresh summons in respect of the offence charged in such information or complaint, in like 
 manner as if the previous summons had not been granted." Sect. 11 authorizes a justice 
 to grant a search warrant to enter any betting house, &c., and seize lists, &.C., and appre- 
 hend persons therein, the form of which warrant is to be the same as in the 8 & 9 Vict, 
 c. 109 {Vide Oke's " Formulist," p. 439, 2nd ed). Sect. 12 is a provision giving power to 
 the Metropolitan Commissioners of Police to order such houses, &c., to be entered. 
 
 41 Appeal.— Binding over Witnesses.— Costs.'] By s. 13,—" any person who shall be sum- 
 marily convicted under this act may appeal to the next general or quarter sessions ot the 
 peace to be holden for the county or place wherein the cause of complaint shall have 
 arisen.-^provided that such person at the time of the conviction give notice of his intention 
 to appeal, and shall at the time of such conviction, or within forty-eight hours thereatter, 
 enter into a recognizance with two sufficient securities conditioned personally to appear 
 at the said session to try such appeal, and to abide the further judgment of the court at 
 such session, and to pay such costs as shall be by the last-mentioned court awarded ;— 
 and it shall be lawful for the magistrate or justices by whom such conviction shall have 
 been made to bind over any party who shall have made information against the party 
 convicted, and any witnesses who shall have been examined, in sufficient recognizances 
 to attend and be examined at the hearing of such appeal ;— and every such witness, on 
 producing a certificate of being so bound under the hand of the said magistrate or J""";!f ' 
 shall be allowed compensation for his or her time, trouble and expenses in attending the 
 appeal, which compensation shall be paid in the first instance by the treasurer ot the 
 county or place in like manner as in cases of misdemeanor under the provisions ot star. 
 Digitized by Microsoft® 
 
248 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BETTING HOUSES— confan«e<i. 
 
 6. Advertising Betting Houses.'] Any person exhibiting or publishing, — 
 
 or causing to be exhibited or published, — any placard, handbill, 
 card, writing, sign, or advertisement, whereby it shall be made to 
 appear that any house, office, room or place is opened, kept or 
 used for the purpose of making bets or wagers in manner afore 
 said, or for the purpose of exhibiting lists for betting, or with in 
 tent to induce any person to resort to such house, office, room or 
 place for the purpose of making bets or wagers, in manner afore- 
 said, 
 
 or 
 
 7. Any person who, on behalf of the owner or occupier of any such 
 
 house, office, room, or place, or person using the same, shall invite 
 other persons to resort thereto for the purpose of making bets or 
 wagers, in manner aforesaid. 
 
 BREAD AND FLOUR. 
 
 [Mem. Offences in London^ and within the Bills of Mortality ^ and 
 ten miles of the Royal Exchange^ are punishable under 3 Geo. 4. 
 i;. 106 {local and personal).] 
 
 Offences beyond the Bills of Mortality, &c. 
 1. Not marking Bread.] Bakers making or selling, or exposing to sale, 
 bread (made wholly or partially of peas or beans, or potatoes, or 
 of any other sort of corn or grain, other than wheat) without being 
 marked with a large Roman M {Note 43)- 
 
 16 & 17 Vict, 
 c. 119, s. 7. 
 
 6 & 7 Will, i, 
 c. 37, s. 20. 
 
 7 & 8 Geo."4, c. 28 : and in case any such appeal shall be dismissed and the order or 
 conviction affirmed, the reasonable expenses of all such witnesses attending as aforesaid, 
 to be ascertained by the Court, shall be repaid to the said treasurer by the appellant." 
 
 42 ^oney deposited may be recovered by Action] By s. 5, the money, &c. received as 
 a deposit, &c., for any bet shall be deemed to be received for the use of the person from 
 whom the same was received, and may be recovered, with full costs of suit, in any court 
 of competent jurisdiction. By s. 6, " nothing in this act contained shall extend to any 
 person receiving or holding any money or valuable thing by way of stakes or deposits to 
 be paid to the winner of any race or lawful sport, game or exercise, or to the owner of any 
 horse engaged in any race." 
 
 43 IVhat Bread.] This is not to extend to require any bread made of the meal or flour 
 of wheat only, and in the making of which potatoe yeast shall be used, to be so marked. 
 
 44 Kind of Flour.] Flour or meal of wheat, barley, rye, oats, buck wheat, Indian corn, 
 peas, beans, rice or potatoes, or any of them, and with any common salt, pure water, eggs, 
 milk, barm, leaven, potatoe or other yeast, and mixed in such quantity as they shall think 
 fit (s. 2). 
 
 45 Search Warrant.] Sect. 11 authorizes a justice to grant a search warrant for adul- 
 terated bread or flour {vide forms Nos. 6, 7, p. 90, Oke's " Formulist," 2nd edit.) 
 
 46 To «>hat Prison.] The offender may he committed to the house of correction or some 
 prison in the place where ofience committed, or where he shall be apprehended (s. 12). 
 
 47 Appeal.] By 6 & 7 Will. 4, c. 37, s. 25, — " if any person or persons convicted of any 
 offence punishable by this act shall think him, her or themselves aggrieved by the judg- 
 ment of the magistrate or magistrates, justice or justices, before whom he, she or they shall 
 have been convicted, it shall be lawful for such person or persons from time to time to 
 appeal to the justices at the next general or general quarter sessions of the peace, which 
 shall be held for the city, county, division, liberty, town or place where such judgment 
 shall have been given [but if the conviction happens within six days before the sessions , 
 
 Digitized by Microsoft® 
 
CHAP. II.] BETTING HOUSES -BREAD AND FLOUR. 
 
 249 
 
 Time of laying 
 InformaUon, 
 
 Number 
 and what 
 Juhtices to 
 
 convict. 
 
 Peualty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 IfAp. 
 
 ppal, and 
 
 Time, 
 
 Penalty, &c, 
 to whom 
 payable. 
 
 Page, &c. 
 of 
 
 FormuUat. 
 
 6\ Within 
 7/ 6 cal. ra. 
 
 Two 
 
 Not exc. £Z0 and costs (s. 7), to be 
 
 Yes 
 
 One half to 
 
 Nos. 6, 7, 
 
 (s. 7). 
 
 levied by distress (s. 8), and in 
 
 (s. 13, 
 
 informer 
 
 p. 89. 
 
 (11 & 12 Vict. 
 
 
 default of distress to be impr. 
 
 Note 
 
 and re- 
 
 L. 43, s. 11, 
 
 
 with or without h. 1. for not exc. 
 
 41). 
 
 mainder in 
 
 
 see Note 40). 
 
 
 2 cal. m. (s. 7), — and if committed 
 to prison, the costs alone may be 
 levied by distress (s. 8);— or, if 
 to the justices it shall seem fit, 
 impr. in the first instance, with 
 or without h. 1. for not exc. 2 cal. 
 m. (s. 7), and the costs may be 
 levied separately under 11 & 12 
 Vict. c. 43, s. 24, ante, p. 170, and 
 in default of distress a month's 
 imprisonment. 
 
 
 aid of poor 
 rate (s. 9). 
 
 
 1 Within 48 
 
 One 
 
 Forfeit for every lb. weight of such 
 
 Yes 
 
 One moiety 
 
 Nos. 1, 2, 
 
 hours or rea- 
 
 (s. 17). 
 
 bread, not exceeding 10s. (s. 20) ; 
 
 (s. 25 
 
 to informer 
 
 pp. 89, 
 
 sonable time 
 
 not 
 
 — levied by distress ; — in default 
 
 Note 
 
 and the 
 
 90. 
 
 (s.31. 
 
 being a 
 
 thereof imprisonment, with or 
 
 47). 
 
 othermoiety 
 
 
 Note 45)- 
 
 miller, 
 
 without hard labour, for not ex- 
 
 
 (or whole, 
 
 
 
 baker or 
 
 ceeding 1 calendar month, unless 
 
 
 if no in- 
 
 
 
 meal- 
 
 sooner paid (s. 17). 
 
 
 former) to 
 
 
 
 man 
 
 
 
 overs, force. 
 
 
 
 (s. 15). 
 
 
 
 rate (s. 32). 
 
 
 then either to the then next or next following such sessions, s. 26],— and that the exe- 
 cution of such judgment shall in such case be suspended,— the person or persons so con- 
 victed entering into a recognizance within twenty-four hours of the time of such convic- 
 tion, with two sufficient sureties in double the sum which such person or persons shall 
 have been adjudged to pay or forfeit, upon condition to prosecute such appeal with effect, 
 and to be forthcoming to abide the judgment and determination of the justices at their 
 said next general or general quarter sessions ; — which recognizance the magistrate, &c. is 
 and are hereby empowered and required to take ;— and the justices in the said general or 
 general quarter sessions are hereby authorized and required to hear and finally determine 
 the matter of every such appeal, and to award such costs as to them shall appear just 
 and reasonable, to be paid by either party ; — and if, upon hearing the said appeal, the 
 judgment of the magistrate, &c. shall be confirmed, such appellant or appellants shall 
 forthwith pay down the sum he, she or they shall have been adjudged to have forfeited, 
 together with such costs as the said justices in their said general or general quarter sessions 
 ^hall award, to be paid to the prosecutor or informer for defraying the expenses sustained by 
 reason of any such appeal;— and in default of the appellant paying the same, any two 
 justices, or any one magistrate or justice of the peace having jurisdiction in the place into 
 which any such appellant or appellants shall escape, or where he, she or they shall reside, 
 shall and may by warrant under their hands and seal, or his hand and seal, commit any 
 such appellant or appellants to the common gaol of the city, county, division or place 
 where he, she or they shall be apprehended, until he, she or they shall make payment of 
 such penalty, and of the costs and charges which shall be adjudged on the conviction ;" 
 but if appeal made good, informer to pay costs of appellant, to be recovered in like 
 manner as costs given at sessions are recoverable : — " provided always, that no person shall 
 be detained in prison for any such offence for any greater length of time than three 
 calendar months." 
 
 Digitized by Microsoft® 
 
250 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BREAD AND YLOVK— continued. 
 
 Offences beyond the Bills of Mortality, &c. — continued. 
 
 2. Adulterating Bread.'] Baker, or other person or persons, — or any 
 journeyman or other servant of any such baker or other person, — 
 in the making of bread using any mixture or ingredient whatso- 
 ever other than mentioned in act (Note 44)i on any account or 
 pretence whatsoever. 
 
 3. Adulterating Flour."] Any person putting into any corn, meal or 
 
 flour, which shall be ground, dressed, bolted or manufactured for 
 sale, either at the time of grinding, dressing, bolting or manu 
 facturing, or at any other time, any ingredient or mixture what- 
 soever, not being the real and genuine produce of the corn or 
 grain so ground, 
 or 
 
 4. Knowingly selling, or offering or exposing for sale, either separately 
 
 or mixed, any meal or flour of one sort for another, or any ingre- 
 dient mixed therewith (Note 44)- 
 
 5. Having Ingredient for Adulterating^ Any miller, mealman or baker 
 
 in whose house, mill, shop, stall, bakehouse, bolting house, pastry 
 warehouse, outhouse, ground or possession, any ingredient or mix- 
 ture be found which shall, after examination, be adjudged by any 
 justice to have been deposited there for the purpose of being used 
 in adulterating meal, flour or bread. 
 
 6. Obstructing Search.] Any person wilfully obstructing or hindering 
 
 any search or the seizure of any meal, &c. 
 or 
 
 7. Wilfully opposing or resisting search being made, or the carrying 
 
 away any ingredient, meal, &c. seized. 
 
 8. As to Weights.] Bakers or sellers of bread selling bread in any other 
 
 manner than by weight (excepting French and fancy rolls). 
 
 9. Using any other than the avoirdupois weight of 16oz. to the pound, 
 
 and the several gradations of the same. 
 
 10. Neglecting to fix in some conspicuous part of the shop, on or near 
 
 the counter, a beam and scales with proper weights, or other suf- 
 ficient balance, 
 or 
 
 11. To provide and keep for use proper beam and scales and proper 
 
 weights or balance, in order that all bread there sold may be 
 weighed in the presence of the purchaser, 
 or 
 
 12. Having or using any incorrect or false beam or scales, or balance, or 
 
 any false weight. 
 
 6 & 7 Will. 4, 
 c. 37, s. 8. 
 
 Id.! 
 
 Id. s. 12. 
 
 Id. ». 13. 
 
 Id. B. 4. 
 Id. s. 5. 
 Id. s. 6. 
 
 Digitized by Microsoft® 
 
CHAP. II.J 
 
 BREAD AND FLOUE. 
 
 251 
 
 Time of laying 
 
 N amber 
 
 lorormatjoD, 
 
 Justices to 
 
 convict. 
 
 2 Within 48 
 
 One 
 
 hours or 
 
 (s. 17), 
 
 reasonable time 
 
 not 
 
 {s.3l,Notei5). 
 
 being a 
 
 
 miller, 
 
 
 baker or 
 
 
 meal- 
 
 
 man 
 
 
 (s. 15). 
 
 Peaalty, &c, 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, &Qd 
 Time, 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 3) 
 
 4J 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id, 
 Id. 
 
 10 I Id. 
 12 J 
 
 Jd. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Not exc. £10, nor less than £5, — Yes 
 in default to be committed for not (s. 25, 
 exc. 6 cal. m. {Note 46), with or Note 
 without h. 1., unless sooner paid; 47)' 
 — and name, &c. of the offender 
 to be published in newspaper 
 and expense thereof to be de- 
 frayed out of money forfeited, in 
 case paid (s. 8). 
 
 Not exceeding £20, nor less than £5 
 (s. 9), — levied by distress; in de 
 fault thereof imprisonment, with 
 or without hard labour, for not 
 exceeding one calendar month 
 unless sooner paid (s. 17). 
 
 Id. 
 
 1st Offence, not exceeding £10, nor 
 less than 40s. 
 
 2nd Offence, £5. 
 
 Every subsequent Offence, £10, — in 
 default of paymentimprisonment, 
 with or without h. 1. for not exc 
 6 cal. m., unless sooner paid ; — 
 and offender's name to be pub- 
 lished and expense thereof to be 
 paid out of money forfeited, if 
 paid (s. 12). 
 
 Not exc. £10 (s. 13) ;— levied by 
 distress; — in defaultthereof impr. 
 with or without h. 1. for not exc 
 1 cal. m., unless sooner paid (s. 
 17). 
 
 Not exceeding 40s. (s. 4); — reco- 
 verable as Offences 6, 7. 
 
 Not exc. £5, nor less than 40s. (s. 5) 
 — recoverable as Offences 6, 7. 
 
 In every such case, for every such 
 false beam and scales and balance, 
 or false weight, to forfeit and pay 
 not exceeding £5 (s. 6);— re- 
 coverable as Offences 6, 7. 
 
 One moiety 
 
 to inf. and 
 
 the other 
 
 moiety (or 
 
 whole, if no 
 
 inf.) to 
 
 overs, for 
 
 CO. rate 
 
 (s. 32). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
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252 
 
 Summary Convittions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BREAD AND VljOVR—cmtinued. 
 
 Offences Beyond the Bills of Mortality, Src- 
 
 -continued. 
 
 13. Any baker or seller of bread, or his journeyman, servant or other 
 person, carrying out or delivering bread in or from any cart or 
 other carriage without being provided with a correct beam and 
 scales, with proper weights or other sufficient balance. 
 
 14. Whose weights shall be deficient according to the standard, 
 
 15. Refusing to weigh any bread purchased of him or delivered by his 
 
 journeyman, &c. in the presence of the person purchasing or re- 
 ceiving the same. 
 
 16. Baking, 8;c. on Sundays.'] (Note 48.) Master or mistress, journey- 
 
 man, or other person exercising or employed in the trade or calling 
 of a baker on the Lord's day, or any part thereof, making or baking 
 any bread, rolls or cakes of any sort or kind, 
 
 17. On any other part of the said day, after half-past one in the after- 
 noon {Note 49), selling or exposing for sale, — or permitting or 
 suffering to be sold or exposed for sale, —any bread, rolls or cakes 
 of any sort or kind, 
 
 18. Baking or delivering, — or permitting or suffering to be baked or de- 
 livered, — any meat, pudding, pie, tart, or victuals. 
 
 19. In any other manner exercising the trade or calling of a baker, or 
 
 being engaged or employed in the business or occupation thereof. 
 
 20. Opposing Execution of Act.] Any person or persons resisting, or 
 
 making forcible opposition against, any person employed in the 
 due execution of this act. 
 
 21. Offences by Journeymen.'] If offence, for which master convicted and 
 paid, occasioned by or through the wilful act, neglect, or default 
 of his jurneyman or other servant, proceeding against such per 
 son, by 
 
 6 & 7 Will, i, 
 c. 37, s. 7. 
 
 Id. s. 14. 
 
 Id. s. 16. 
 
 Id. s. 13. 
 
 48 Exception.'] Save and except so far as may be necessary in setting and superin- 
 tending the sponge to prepare the bread or dough for the following day's baking. 
 
 49 Exemption.] The Lord's day bakings can however be delivered to the customers 
 
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CHAP. II.] 
 
 BREAD AND FLOUR. 
 
 253 
 
 Time of laying 
 Information, 
 
 I Within 48 
 I hours or 
 
 reasonable 
 time (s. 31, 
 
 Note 45). 
 
 161 
 19 
 
 Within 
 6 days 
 (s. H). 
 
 Number 
 
 and what 
 
 Justices to 
 
 convict. 
 
 One 
 (s. 17), 
 
 not 
 heing a 
 miller, 
 baker, 
 or meal- 
 man 
 (s. 15). 
 
 Id. 
 
 20 Within 48 
 hours, or 
 reasonable 
 time (s. 31). 
 
 21 On oath, 
 
 and within 
 
 6 cal. m. 
 
 (11 & 12 Vict, 
 c. 43, s. 11, 
 Note 50). 
 
 Penalty, &c. 
 
 ancl 
 
 Mode of enforcing. 
 
 Not exceeding £6 (s. 7);— levied 
 by distress; — in default thereof 
 imprisonment, with or without 
 hard labour, for not exceeding 1 
 calendar month, unless sooner 
 paid (s. 17). 
 
 Id. 
 
 \st Offend. 10s. ; — impr. for 7 days, 
 with or without h. 1. in default of 
 sufficient distress. 
 
 2nd Offence. 20s.; — impr. for 14 
 days, with or without h. 1. in de 
 fault of sufficient distress. 
 
 3rd and subsequent Offence. 40s. 
 — impr. for 1 cal. month, with or 
 without h. 1. in default of suffi- 
 cient distress, unless sooner paid 
 (s. 14). 
 
 One 
 where 
 
 offender 
 found 
 
 (s.13). 
 
 £10 (s. 16); — levied by distress; 
 in default thereof impr., with or 
 without hard labour, for not exo. 
 1 cal. month, unless sooner paid. 
 
 Justice to adjudge by order, what 
 sum shall be paid by journeyman 
 to master by way of recompence ; 
 — if not immediately paid, impr. 
 and h. 1. for not exc. 1 cal. m. nor 
 less than 10 days, unless sooner 
 paid (s. 13). 
 
 If Ap. 
 
 peal, and 
 
 Time, 
 
 Sic. 
 
 Yes 
 
 (s. 25, 
 
 Note 
 
 47). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, Sec. 
 to wnom 
 payable. 
 
 One moiety 
 
 to inf. and 
 
 the other 
 
 moiety (or 
 
 whole, if no 
 
 inf ) to 
 
 overs, for 
 
 CO. rate 
 
 (s. 32). 
 
 Such part 
 as j ustice 
 thinks pro- 
 per to pro- 
 secutor for 
 loss of time, 
 
 8fc. and 
 
 remainder 
 
 to overseers 
 
 of poor in 
 
 aid of 
 
 county rate 
 
 (s. 14). 
 
 Half to iiif 
 
 and rem. 
 
 (or whole, 
 
 if no inf ) 
 
 to overs, for 
 
 CO. rate 
 
 (s. 32). 
 
 To master 
 as recom- 
 pence 
 (s. 13). 
 
 until half-past one p.m. of that day, without incurring any penalty. 
 
 60 Information.'] The information must be laid by the master on the oath of a witness 
 (s. 13). 
 
 Digitized by Microsoft® 
 
254 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BUILDING SOCIETIES. 
 
 1. Any officer, member, or any other person being or representing him- 
 
 self or herself to be a member of such society, or the nominee, 
 executor, administrator or assignee of any member, or any other 
 person whatever, in or by any false representation or imposition 
 fraudulently obtaining possession of the monies of such society, or 
 any part thereof, 
 or 
 
 2. Having in his or her possession any sum of money belonging to such 
 
 society, fraudulently withholding the same, and for which offences 
 no especial provision is made in the rules of the society. 
 
 BURIALS. 
 
 1. Member of burial board, or their officer or servant, on request, refusing 
 to permit— or not permitting — a churchwarden, overseer, or rate- 
 payer to examine the books containing the minutes of proceedings 
 or accounts of the board. 
 
 2. Any person, after the time mentioned in any order in council for the 
 
 discontinuance of burials, knowingly and wilfully burying any 
 body,— or in anywise acting or assisting in the burial of any body, 
 — in any church, chapel, burial ground or place of burial, or (as 
 the case may be) within the limits in which burials have by such 
 order been ordered to be discontinued, in violation of the pro- 
 visions of any such order. 
 
 3. Violating or wilfully neglecting to observe any of the regulations 
 
 made in council for the protection of the public health and for the 
 maintenance of public decency in respect of burials in common 
 graves in cemeteries established in the Metropolis or under local 
 acts. 
 
 4. Any person removing any body, or the remains of any body (except 
 
 bodies removed from one consecrated place of burial to another 
 by faculty), interred in any place of burial, without licence from 
 the Secretary of State, 
 or 
 
 5. Who shall neglect to observe the precautions prescribed as the con- 
 
 dition of the licence for removal. 
 
 [The case of Reg. v. Sharpe (26 L.J. (N.S.) M. C. 47; 1 Dears, 
 & Bell, C. C. 160 ; 21 J. P. 86), which was an indictment for 
 a similar offence at common law, was before the passing of 
 this enactment.] 
 
 [See further, title " Cemeteries," p. 256.] 
 
 6 & 7 Will. 4, 
 c. 32, 8. 4, incor- 
 porated with 10 
 
 Geo. 4, c. 56, 
 s. 25 (Note 
 
 50 a). 
 
 15 & 16 Vict, 
 c. 85, s. 17, in- 
 corporated with 
 
 16 & 17 Vict, 
 c. 134, by s. 7. 
 
 18 & 19 Vict. 
 
 u. 128j a, 2. 
 
 20 & 21 Vict. 
 li. 81, s. 10. 
 
 Id. 5. 25. 
 
 50 a Incorporated Acts.'] Although this statute of 10 Geo. 4, c. 56 ; 13 8i 14 Vict, 
 c. 11,5, and the other after passed statutes relating to friendly societies, are repealed by the 
 Friendly Societies Act, 18 & 19 Vict. t. 63, they are still in force as regards building 
 societies and indusfa-ial and provident societies ; the Building Societies Act, 6 & 7 WiU. 4, 
 u. 32, having, by s. 4, incorporated the above provisions of the 10 Geo. 4, c. 56, into it. 
 
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CHAP. 11.] BUILDING SOCIETIES-BURIALS. 
 
 255 
 
 TimeoflaylDgr 
 InformatioQ, 
 
 Number 
 and what 
 Justices to 
 
 Penalty, &c. 
 and 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, &c. 
 to whom 
 
 Page.^&c. 
 
 Sec. 
 
 convict. 
 
 Mode of enforcing;. 
 
 Sic' 
 
 payable. 
 
 Formalist. 
 
 1 } On oath 
 2S(s-2S),and 
 
 Two. 
 
 Award double the amount so ob- 
 
 No. 
 
 Treasurer 
 
 
 
 tained or withheld, with costs not 
 
 
 of the 
 
 
 within 6 cai. 
 
 
 exc. 10s. ; — levied by distress ; — 
 
 
 society. 
 
 
 m.(ll&12 
 
 
 in default, impr. for not exc. 3 
 
 
 
 
 Vict. 0. 43, 
 
 
 cal. m., unless sooner paid;— or 
 
 
 
 
 s. 11), by 
 
 
 the society may prqp eed against 
 
 
 
 
 officer of 
 
 
 the party by indictment (s. 25). 
 
 
 
 
 society. 
 
 
 
 
 
 
 1 Within 6 
 
 One. 
 
 Not exc. £5 (15 & 16 Vict. i;. 85, 
 
 No. 
 
 Co. treas. 
 
 
 cal. months 
 
 
 s. 17); — recovered by distress (11 
 
 
 &c. not 
 
 
 (11 & 12 Vict 
 
 
 & 12 Vict. c. 43, s. 19, ante, p. 
 
 
 being ap- 
 
 
 c.43,s.ll). 
 
 
 175); — in default, impr. for not 
 exc. 3 cal. m. unless sooner paid 
 (Id. 5. 22) ; see ante, p. 179. 
 
 
 propriated 
 
 by act (see 
 
 ante, p. 
 
 190). 
 
 
 2 Id. 
 
 Two. 
 
 Not exceeding £10 (s. 2); — reco- 
 vered by distress, &c., as in 
 Offence 1, supra. 
 
 No. 
 
 Id. 
 
 
 3 Id. 
 
 Two. 
 
 Not exceeding £10 (s. 10);— re- 
 covered by distress, &c., as in 
 Offence 1, supra. 
 
 No. 
 
 Id. 
 
 ■• 
 
 4> Id. 
 
 5 ' 
 
 Two. 
 
 Not exceeding £10 (s. 25);— re- 
 
 No. 
 
 Id. 
 
 
 
 covered by distress, &c., as in 
 
 
 
 
 
 
 Offence 1, supra. 
 
 
 
 • 
 
 and the Industrial and Provident Societies Act, 15 & 16 Vict. c. 31, having, by s. 8, in- 
 corporated those provisions, and also the analogous ones in 13 & 14 Vict. c. 115, into the 
 15 & 16 Vict c. 31. See further titles " Building Societies" and " Industrial and Pro- 
 vident Societies," in Chap. 2 of Part III. of this Work. 
 
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256 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 BURNING BY SERVANTS. 
 
 Any menial or other servant, through negligence or carelessness, firing 
 — or causing to to fired — any dwelling-house, or outhouse, or 
 houses, or other buildings. 
 
 BYE-LAWS OF BOROUGHS. 
 
 Offending against bye-laws of boroughs made by the council for the 
 good rule and government of the borough, and for the prevention 
 and suppression of all such nuisances as are not already punish- 
 able in a summary manner by virtue of any act in force through 
 out such borough {Note 51)- 
 
 CEMETERIES {Note 53). 
 
 -. 1. Damaging the Cemetery,'] Every person who shall wilfiilly destroy or 
 injure any building, wall or fence belonging to the cemetery, 
 or 
 
 2. Destroy or injure any tree or plant therein, 
 
 or 
 
 3. Who shall daub or disfigure any wall thereof, 
 
 or 
 
 4. Put up any bill therein or on any wall thereof, 
 
 or 
 
 5. Wilfully destroy, injure or deface any monument, tablet, inscription, 
 
 or gravestone within the cemetery, 
 or 
 
 6. Do any other wilful damage therein. 
 
 6 Ann c.3I,s.3; 
 and 14 Geo. 
 c. 78, s. 84 (as to 
 bills of mortality, 
 &c.) 
 
 5 & 6 Will. 4, 
 c. 76, s. 90. 
 
 10 & 11 Vict 
 c. 65, s. 58. 
 
 51 Allowance of Bye Laws — Justices to inquire into Validity of.] The s. 90 provides 
 that no such bye law shall be of any force until the expiration of forty days after the same, 
 or a copy thereof, shall have been sent, sealed with the seal of the borough, to one of her 
 majesty's principal secretaries of state,— and shall have been affixed on the outer door of 
 the town hall or in some other public place within such borough. In the case of Reg. v. 
 Rose (24 Law J. (N. S.) M. C. 130 ; 19 J. P. 676, 677), which was a case on a bye law 
 made by a local board of health under the 35th and 117 th sections of the U & 12 Vict. c. 63, 
 for the removal of pure snow by occupiers, and which was held to be invalid, it was decided, 
 that where a magistrate has to adjudicate on a complaint for violation of such a bye law, 
 it is his duty to decide on any objection to the validity of the bye law, although the same 
 has been confirmed by the secretary of state, and he will exceed his jurisdiction if he con- 
 victs on the mere proof of facts bringing the case within the bye law without also deciding 
 that the bye law is good. 
 
 52 /tppeal.] Fide this clause in title " Constables," post (as to borough constables), 
 Note 69- 
 
 53 Fo what the 'Act 10 i|- 11 Fict. c. 65, applies.] The oflences and proceedings under 
 this title are under " The Cemeteries Clauses Act, 1847," which extends "only to such 
 cemeteries as shall be authorized by any act of parliament thereafter to be passed which 
 shall declare that this act shall be incorporated therewith" (s. 1). 
 
 54 Incorporated Provisions as to Recovery of Penalties — Witnesses — Transient Of- 
 fenders.] With respect to the recovery of penalties under the Cemeteries Clauses Act, 
 
 s. 62 of that act enacts, that the clauses of the Railways Clauses Consolidation Act, 1845, 
 (8 & 9 Vict. c. 20), " shall be incorporated with it and the special act ; and such clauses 
 shall apply to the cemetery and to the company respectively." By s. 153 of 8 & 9 Vict. 
 
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CHAP, II.] BURNING BY SERVANTS— CEMETERIES. 
 
 257 
 
 Time of laying 
 Informatioii, 
 
 Number 
 and what 
 Jusiices to 
 
 Penalty. &c. 
 antl 
 
 If Ap- 
 peal, and 
 
 Penalty, &c. 
 to wliom 
 
 Page,&c. 
 
 &c. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c.'. 
 
 payable, Sec. 
 
 FormullBt. 
 
 Within 6 
 
 Two. 
 
 £100 immediately;— in default, to 
 
 No. 
 
 To the 
 
 Nos. 1, 2, 
 
 cal. months 
 
 
 be committed to prison for 18 
 
 
 church- 
 
 p. 94. 
 
 (11 & 12 Vict. 
 
 
 months to hard labour [not "un- 
 
 
 wardens, 
 
 
 C.43, s. 11). 
 
 
 less sooner paid."] 
 
 
 &c. for the 
 use of the 
 sufferer. 
 
 
 On oath, 
 
 Two 
 
 No fine to exceed £5 (s. 90) ; vide 
 
 Yes 
 
 To borough 
 
 Id. 
 
 and within 
 
 (s. 127). 
 
 bye-law ; — levied by-distress ; — 
 
 (s. 131, 
 
 treasurer 
 
 
 3 cal. months 
 
 
 in default, impr. with or without 
 
 Note 
 
 (s. 126). 
 
 
 (s. 127). 
 
 
 h. 1. for not exc. 1 cal. m., unless 
 sooner paid (s. 129). 
 
 52). 
 
 
 
 1.) Within 
 6 J 6 cal m. 
 
 Two 
 
 Not exc. £5 (s. 58) ;— levied by 
 
 Yes 
 
 To the com- 
 
 No. 1, 
 
 (8&9 
 
 distress (8 & 9 Vict. c. 20, s. 146, 
 
 (8&9 
 
 pany (10 & 
 
 p. 94. 
 
 (8 & 9 Vict. 
 
 Vict. 
 
 Note 54) ; — if distress insufH- 
 
 Vict. 
 
 11 Vict. 
 
 
 c. 20, ss. 3, 
 
 c. 20, 
 
 cient, imprisonment without bail 
 
 c. 20, 
 
 c. 65, s. 58). 
 
 
 151, 
 
 s. 145, 
 
 for not exc. 3 [cal. s. 3] months, 
 
 S.157, 
 
 
 
 Note 64). 
 
 Note 
 
 54). 
 
 unless sooner paid (s. 147). 
 
 Note 
 
 55). 
 
 
 
 c. 20, a penalty of not exceeding £5 is imposed on a witness refusing to appear to a 
 summons or to be examined. See s. 7 of the 1 1 & 12 Vict. c. 43, ante, p. 122. Officers of 
 the company may detain unknown offenders, and convey them with all convenient speed 
 before some justice (s. 154). 
 
 ,65 ■Appeal.} By 8 & 9 Vict c. 20 (which we have seen. Note 54. is incorporated with 
 the 10 & 11 Vict. c. 65), s. 157, — " if any party shall feel aggrieved by any determination or 
 adjudication of any justice vrith respect to any penalty or forfeiture under the provisions 
 of this or the special act, or any act incorporated therewith, such party may appeal to the 
 general or quarter sessions for the county or place in which the cause of appeal shall have 
 arisen i — but no such appeal shall be entertained unless it be made within four [calendar, s. 3] 
 months next after the making of such determination or adjudication, — nor unless ten day's 
 notice in writing of such appeal, stating the nature and grounds thereof, be given to the party 
 against whom the appeal shall be brought, — nor unless the appellant forthwith after such 
 notice enter into recognizances, with two sufficient sureties, before a justice, conditioned 
 duly to prosecute such appeal and (o abide the order of the court thereon." By s. 158, — 
 " at the quarter sessions, for which such notice shall be given, the court shall proceed to 
 hear and determine the appeal in a summary way, or they may, if they think fit, adjourn 
 it to the following sessions j — and upon the hearing of such appeal the court may, if they 
 think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, 
 and order any money paid by the appellant, or levied by distress upon his goods, to be 
 returned to him, and may also order such further satisfaction to be made to the party 
 injured as they may judge reasonable ; — and they may make such order concerning the 
 costs, both of the adjudication and of the appeal, as they may think reasonable." 
 O.S. S 
 
 Digitized by Microsoft® 
 
258 
 
 Summary Convictions. 
 
 [PAKT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 CEMETERIES— coBtinwed. 
 
 7. Committing Nuisances in the Cemetery.'] Every person who shall play 
 
 at any game or sport, or discharge firearms, save at a military 
 funeral, in the cemetery, 
 or 
 
 8. Who shall wilfully and unlawfully disturh any persons assemhled in 
 
 the cemetery for the purpose of burying any body therein, 
 or 
 
 9. Who shall commit any nuisance within the cemetery. 
 
 10. Company omitting, to prepare or send annual account of receipts and 
 expenditure to the clerk of the peace for the county. 
 
 11. Company failing to keep copies of their special act in their office, 
 ) or 
 
 12. To deposit same with the clerk of the peace (see s. 66). 
 
 CHIMNEY SWEEPERS. 
 
 1. Any person compelling, 
 
 or 
 
 2. Knowingly allowing, 
 
 any person under the age of twenty-one years to ascend or descend 
 a chimney,— or enter a flue for the purpose of sweeping, cleaning, 
 or coring the same, — or for extinguishing fire. 
 
 3. Making chimney or flue of wrong construction (see the sect.) 
 
 CHURCH. 
 
 1. Disturbing.'] Any person or personswillingly and of purpose, by open 
 
 and overt word, fact, act or deed, maliciously or contemptuously 
 molesting, letting, disturbing, vexing or troubling, or by any other 
 unlawful ways or means disquieting or misusing any preacher in 
 any of his open sermons, &c. in any church, chapel, church, 
 yard, &c. 
 
 or 
 
 2. Maliciously, willingly, or of purpose, molesting, letting, disturbing, 
 
 vexing, disquieting or otherwise troubling any parson, vicar, &c. 
 
 celebrating divine service, sacraments, &c. [including the present 
 
 form of common prayer, 1 Hawk. 140], 
 
 or 
 
 3. Aiding, procuring or abetting ofi^ence. 
 
 10 & 11 Vict. 
 c. 65, s. 59. 
 
 Id. s. 60. 
 
 Id. s. 67. 
 
 3 & 4 Vict. 
 c. 85, s. 2. 
 
 Id. s. 6. 
 
 1 Mary, sess. 2, 
 c. 3, ss. 2, 3, 4. 
 
 56 /ippeal.] By 3 & 4 Vict. c. 85, s. 11,—" any person who shall think himself or her- 
 self aggrieved by any conviction by any justice or justices of the peace under this act 
 may appeal to. the next court of general or quarter sessions of the peace which shall be 
 holden not less than twelve days after the day of such conviction for the county, riding, 
 city, borough, division or place wherein the cause of complaint shall have arisen ; — pro- 
 vided that such person shall give to the complainant a notice in writing of such appeal, 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 CEMETERIES -CHURCH. 
 
 259 
 
 Time of laying 
 Information, 
 
 Number 
 and what 
 
 Penally, &c. 
 and 
 
 IfAp. 
 peal, and 
 
 Penalty, &c. 
 to whom 
 
 Page,^a:c 
 
 &c. 
 
 convict. 
 
 Mode of enforcinff. 
 
 BiC* 
 
 payable. 
 
 Formullet. 
 
 7 ^ Within 
 
 Two 
 
 Not exceeding £5 (s. 59) ; — levied 
 
 Yes 
 
 To the com- 
 
 No. 2, 
 
 9 S 6 cal. m. 
 
 (8 & 9 
 
 by distress (8 & 9 Vict. c. 20, 
 
 (8 & 9 
 
 pany (10 & 
 
 p. 95. 
 
 (8 & 9 Vict 
 
 Vict. 
 
 3. 146, Note 54) ;— if distress in- 
 
 Vict. 
 
 11 Vict 
 
 
 c. 20, 
 
 v;. 20, 
 
 sufficient, impr. without bail for 
 
 c. 20, 
 
 c. 65, s. 59). 
 
 
 ss. 3, 151, 
 
 s. 145, 
 
 not exo. 3 [cal. s. 3] months, un- 
 
 S.157, 
 
 
 
 Note 
 
 Note 
 
 less sooner paid (s. 147). 
 
 Note 
 
 
 
 54). 
 
 54). 
 
 
 55). 
 
 
 
 10 Id. , 
 
 Id. 
 
 £20 (s. 60) ;— recovered as in Of- 
 fences 7 — 9, supra. 
 
 Id. 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 (8 & 9 Vict, 
 c. 20, s.150,. 
 
 • ■ 
 
 
 
 
 
 Note 54). 
 
 '\ 
 
 11 ) Id. 
 
 Id. 
 
 £20, and also £5 for every day 
 
 Id. 
 
 Id. 
 
 ( 
 
 12 J 
 
 
 afterwards during which such 
 copy shall not be so kept or de- 
 posited (s. 67) ;— recovered as in 
 Offences 7 — 9, supra. 
 
 
 
 ''^, 
 
 1 1 Within 
 2 J 6cal. m. 
 
 Two 
 
 Not exceeding £10, and not less 
 
 Yes 
 
 Half to inf. 
 
 No. 1, 
 
 or 
 
 than £5 (s. 2) ; — ^recovered by 
 
 (s. 11, 
 
 and half to 
 
 p. 95. 
 
 (11 & 12 Vict. 
 
 more. 
 
 distress ; — in default, impr. with 
 
 Note 
 
 overs.where 
 
 
 C.43, s. 11). 
 
 
 or without h. 1. for not exc. 2 cal. 
 m., unless sooner paid (ss. 7, 8). 
 
 56). 
 
 offender 
 inhabits 
 for poor ' 
 
 -•ate (s. 7). 
 
 
 3 Id. 
 
 Id. 
 
 Not less than £10 nor exc. £50 (s. 
 6) ; — recovered as Offence 1. 
 
 Id. 
 
 Id. 
 
 No. 2, 
 p. 95. 
 
 1 I Within 
 
 Two 
 
 Impr. for 3 months, without bail or 
 
 No. 
 
 
 
 3 i 6 cal. ra. 
 
 (ss.5,9). 
 
 mainprize, and further to the next 
 
 
 
 
 (11 & 12 Vict. 
 
 
 quarter sessions next after the 
 
 
 
 
 c.4.3, s. 11, 
 
 
 said 3 months, at which surety 
 
 
 
 
 see Note 57, 
 
 
 for good behaviour for one whole 
 
 
 
 
 JMS«, p. 260). 
 
 
 year may be required (see s. 6) j 
 — or offender may be indicted. 
 
 [Mem. The conviction must be by 
 " two sufficient witnesses," or by 
 the confession 0/ the offender. See 
 the IS & 19 Vict. t. 86, tit. " Dis- 
 senters," post.] 
 
 
 
 
 and of the cause and matter thereof, within three days after such conviction, and seven 
 clear days at the least before such session, — and shall also either remain in custody until 
 the session, or enter into a recognizance, with two sufficient sureties, before a justice of 
 the peace, conditioned personally to appear at the said session of the peace, and to try 
 such appeal, and to abide the judgment of the court thereupon, and to pay such costs as 
 shall be by the court awarded ; — and upon such notice being given, and such recognizance 
 Digitized by Microsoft® 
 
260 
 
 Summary Convictions. 
 
 [PAHT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 1 Mary, sess. 2, 
 t. 3, s. 7. 
 
 5 & 6 Will. 4, 
 c. 63, s. 9. 
 
 CHURCH— con^nacrf. 
 
 4. Persons willingly and unlawfully rescuing offenders apprehended, or 
 hindering them from being apprehended. 
 
 COALS. 
 
 Sale of, generally.'] Selling coals, slack, culm and cannel of any descrip- 
 tion by measure and not by weight. 
 
 [As to Sale of Coals in London and within 25 miles of the General 
 Post Office, see Note 58-] 
 
 COAST GUARD SERVICE. [The act is the 19 & 20 Vict. c. 83 ; 
 by sect 8 of it the statutes in force as to her Majesty's ships and 
 vessels and forces by sea, and the 10 & 11 Vict. c. 62, and 16 & 17 
 Vict. c. 69 (see title " Navy, Seamen in Her Majesty's,*' post ), are 
 to apply to such of the Coast Guard as are borne on the books of 
 any ship belonging to her Majesty's fleet.] 
 
 COIN. 
 
 If any person shall tender, utter, or put off any coin so defaced, stamped, 
 or bent as aforesaid. 
 
 [N.B. By sect. 1, the defacing of " any of the Queen's current 
 gold, silver or copper coin, by stamping thereon any names 
 or words, whether such coin shall or shall not be thereby 
 diminished or lightened," or using *'any machine or instru 
 ment for the purpose of bending the same," is an indictable 
 misdemeanor.] 
 
 COMBINATION {Note 60)- 
 
 1. Forcing a workman, hired or employed in any manufacture, trade or 6 Geo. i, 
 
 business, to depart from his work, ■• T" ■ ^ 
 
 or 
 
 2. To return his work unfinished, 
 
 or 
 
 3. Preventing,— or endeavouring to prevent,— any workman from hiring 
 
 himself to or from accepting work or employment from any other 
 person. 
 
 16 & 17 Vict. 
 c. 102, s. 2. 
 
 i;. 129, 5. 3. 
 
 being entered into, the justice before whom the same shall be entered into shall liberate 
 such person, if in custody, — and the court of such session shall hear and determine the 
 matter of the appeal, and shall- make such order therein, with or without costs to either 
 party, as to the court shall seem meet, — and, in case of the dismissal of the appeal or affir- 
 mance of the conviction, shall order and adjudge the offender to be punished according to 
 the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue 
 process for enforcing judgment i— and all judgments, determinations and proceedings of 
 such justices not appealed from as aforesaid, and of such • * quarter sessions, shall be 
 final and not subject to review by any process of law or court whatever, any law or use 
 to the contrary notwithstanding." 
 
 57 Justices' Jurisdiction doubted.'] At 16 J. P. 174, and several previous numbers of 
 that Journal (i. e. 14 J. P. 121 ; 15 J. P. 777), it is stated that the above statute requires 
 that the offender should be apprehended " immediately and forthwith" on the commission 
 of the offence to give justices jurisdiction i but this is incorrect, for we have looked at the 
 Queen's Printer's copy of the statute : — s. 4 states " that every such offender and offenders 
 
 Digitized by Microsoft® 
 
CHAP. II.] CHURCH-COALS-COIN-COMBINATION. 
 
 261 
 
 Time of laying 
 iDformatian, 
 
 Niimljer 
 and what 
 
 Penalty, &c. 
 and 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, &c. 
 to wfiom 
 
 Page.ic 
 
 of 
 
 &c. 
 
 eonvict. 
 
 Mode of enforcing:. 
 
 &c.' 
 
 payable. 
 
 Formuliiit. 
 
 4 Within 
 
 Two 
 
 The like imprisonment as Offences 
 
 No. 
 
 H.M.(s.6). 
 
 
 6 cal. m. 
 
 (ss. 
 
 1—3, p. 259, and further a fine 
 
 
 
 
 (11 & 12 Vict 
 
 5,9). 
 
 of £5 (s. 7), — recovered by dis- 
 
 
 
 
 c. 43, s. 11, 
 
 
 tress under 11 & 12 Vict. c. 43, 
 
 
 
 
 Note 57). 
 
 
 ss. 19, 22, ante, pp. 175, 179. 
 
 
 
 
 Within 
 
 Two 
 
 Not exceeding 40j. for every sale 
 
 Yes 
 
 Treasurer 
 
 P. 95. 
 
 6 cal. m. 
 
 or more. 
 
 (s. 9)i — levied by distress, deten- 
 
 (s. 35, 
 
 of county. 
 
 
 (11 & 12 Vict. 
 
 at petty 
 
 tion; — if insufficient distress, im- 
 
 Note 
 
 after de- 
 
 
 c. 43, ». 11). 
 
 sessions, 
 
 prisonment for not exc. 2 cal. m. 
 
 59). 
 
 ducting(not 
 
 
 
 or 
 
 unless sooner paid(s. 34). 
 
 
 exceeding) 
 
 
 
 mayor 
 
 
 
 a moiety to 
 
 
 
 of bo- 
 
 
 
 be paid to 
 
 
 
 rough 
 
 
 
 inf. (s. 32). 
 
 
 
 (s. 34). 
 
 
 
 
 
 Within 
 
 Two. 
 
 Not exc. 40s. (s. 2) ; — ^recovered by 
 
 No. 
 
 Treasurer 
 
 
 6 cal. m. 
 
 
 distress (11 & 12 Vict. c. 43. 
 
 
 of county. 
 
 
 (11 & 12 Vict. 
 
 
 s. 19, ante, p. 175) ; — in default 
 
 
 &c. 
 
 
 c. 4.3, s. 11), 
 
 
 impr. for not exc. 3 cal. m. un- 
 
 
 (see ante. 
 
 
 and with 
 
 
 less sooner paid (Id. s. 22, ante, 
 
 
 p. 190) ; no 
 
 
 consent of 
 
 
 p. 179). 
 
 
 appropria- 
 
 
 Att.-Gen. 
 
 
 
 
 tion by the 
 
 
 (16 & 17 Vict. 
 
 
 
 
 act. 
 
 
 c. 102, s. 2). 
 
 
 
 
 
 
 1 \ On oath, 
 
 Two; 
 
 Imprisonment in common gaol or 
 
 Yes 
 
 
 Nos. 
 
 3 J and within 
 
 not 
 
 house of correction, with or with- 
 
 (s. 12, 
 
 
 1,4, 
 
 6 cal. m. 
 
 in the 
 
 out hard labour, for not more.than 
 
 Sote 
 
 
 pp. 
 
 (s. 7). 
 
 trade 
 (s. 13). 
 
 3 calendar months (s. 3). 
 
 61, 
 
 post, 
 p.262). 
 
 
 95, 96. 
 
 in any the premises, his or their aider, procurer or abettor . . . immediately and forthwith 
 after any of the said act or acts, or other the said misdemeanors so committed, done or made, 
 Of any time or times after, shall be apprehended, arrested and taken by any constable or con- 
 stables, churchwarden or churchwardens of the said parish . . . or by any other ofiScer 
 or officers, or by any other person or persons then being present at the time of the said 
 offence or offences so unlawfully committed, made or done ;" — by s. 5 the person so appre- 
 hended is to be carried before a justice, who, within six days after the accusation made ^to 
 him, is, with another justice, to examine the offence. The jurisdiction of the ecclesiastical 
 laws saved (s. 10), but only one punishment for the offence (s. 11). (See 16 J. P. 524.) 
 
 58 There are various regulations as to weighing and selling, &c. coals within these 
 limits, the non-observance of which subjects drivers and dealers to penalties recoverable 
 before one justice, for which the reader is referred to the 1 & 2 Will. 4, c. Ixxvi. (local) j 
 1 8e 2 Vict c. 101 ; and 8 & 9 Vict c. 101. 
 
 59 See past, title " Weights and Measures," for this clause. Note, No. 286. 
 
 60 What the Act 6 Geo. 4, c. 129, permits.] By s.*4, it is not to extend to persona 
 
 Digitized by Microsoft® 
 
262 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 COMBINATION— coniinMcrf. 
 
 4. Forcing a workman to belong to a club, &c. (see the sect.) 
 
 or 
 
 5. Forcing a master to alter his mode of trade, &c. 
 
 COMMISSIONERS CLAUSES ACT (JVofe 61 a)- 
 
 1. Overseers, rate collectors, &e., not attending commissioners at elec 
 tion with rates and other documents, in order to test qualifications 
 of voters. 
 
 2. Clerk of commissioners refusing inspection of voting papers. 
 
 3. The like, of books of accounts of the commissioners. 
 
 4. Commissioners omitting to prepare and transmit annual accounts to 
 
 the clerk of the peace. 
 
 5. Offending against bye laws made by the commissioners (see s. 96). 
 
 6. Commissioners failing to keep copies of their special act in their 
 office; — or to deposit same with the clerk of the peace ^see 
 B. 110). 
 
 6 Geo. 4, 
 c. 129, B. 3. 
 
 10 fell Vict, 
 c. 16, s. 27. 
 
 Id. B. 31. 
 Id. ». 89. 
 Id. s. 95. 
 Id. s. 97. 
 
 Id. s. 111. 
 
 who shall meet together for the sole purpose of consulting upon and determining the rate 
 of wages or prices which the persons present at such meeting, or any of them, shall require 
 or demand for his or their work, or the hours or time for which he or they shall work in 
 any manufacture, trade or business,— or who shall enter into any agreement, verbal or 
 written, among themselves, for the like purposes ; and s. 5 provides, that the act shall not 
 extend to persons who shall meet together for the sole purpose of consulting upon and 
 determining the rate of wages or prices which the persons present at such meeting, or any 
 of them, shall pay to his or their journeyman, workmen, or servants for their work, or the 
 hours or time of working in any manufacture, trade, or business,^or who shall enter into 
 any agreement, verbal or written, among themselves, for the like purposes. The act does 
 not extend to agricultural labourers (13 J. P. 356 ; 14 J. P. 184 ; 16 J. P. 219). 
 
 61 Appeal.} By 6 Geo. 4, c. 129, s. 12, — ■"if any person convicted of any offence or 
 offences punishable by this act shall think himself or herself aggrieved by the judgment 
 oi' such justices, before whom he or she shall have been convicted, such person shall have 
 liberty to appeal from every such conviction to the next court of general sessions or general 
 quarter session of the peace which shall be held for the county, riding, division, city, liberty, 
 town or place wherein such offence was committed ; — and that the execution of every judg- 
 ment so appealed from shall be suspended, in case the person so convicted shall immediately 
 enter into recognizances before such justices (which they are hereby authorized and required 
 to take), himself in the penal sum of jglO, with two sufficient sureties in the penal sura of sElO 
 
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CHAP. II.] COMBINATION— COMMISSIONERS, &c. ACT. 263 
 
 Time of laying 
 
 Number 
 and what 
 
 Penalty^ &c. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to whom 
 
 Page, ttc. 
 
 luformation, 
 
 Justiuea lo 
 
 and 
 
 of 
 
 lie. 
 
 convict. 
 
 Mode of enforcing. 
 
 etc. 
 
 payable. 
 
 Formulist. 
 
 i ) On oath, 
 S S and within 
 
 Two; 
 
 Imprisonment in common gaol or 
 
 Yes 
 
 
 Nos. 
 
 not 
 
 house of correction, with or with- 
 
 (s.12, 
 
 
 2-4, 
 
 6 cal. m. 
 
 in the 
 
 out hard labour, for not more than 
 
 Note 
 
 
 p. 96. 
 
 (s. 7). 
 
 trade 
 (s. 13). 
 
 3 calendar months (s. 3). 
 
 61). 
 
 
 
 1 Within 
 
 Two 
 
 Not exc. £20 (s. 27) [--levied by 
 
 Yes 
 
 Not exc. 
 
 
 6 cal. m. 
 
 (8&9 
 
 distress (8 & 9 Vict c. 20, s. 146); 
 
 (see 
 
 half to inf. 
 
 
 (8 & 9 Vict. 
 
 Vict. 
 
 — if distress insufficient, impr. 
 
 Note 
 
 and rem. to 
 
 
 c. 20, ss. 3, 
 
 c. 20, s. 
 
 without bail for not exc. 3 cal. 
 
 61a)- 
 
 overs, in aid 
 
 
 151, 
 
 145, 
 
 m. unless sooner paid (ss. 147, 3, 
 
 
 of poor rate 
 
 
 Note 61a.)- 
 
 Note 
 
 61a). 
 
 Note 61a.). 
 
 
 (8 & 9 Vict. 
 c.20,s.l50). 
 
 
 2 Id. 
 
 Id. 
 
 £10(s.31) ;— recovered as Offence 1, 
 sttpra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 3 Id. 
 
 Id. 
 
 £5 (s. 89) ;— recovered as Offence 1, 
 supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 i Id. 
 
 Id. 
 
 £20{s.95) ;- recovered as Offence 1, 
 supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 5 Id. 
 
 Id. 
 
 Not exc. £5, as imposed by the 
 bye law (s. 97);— recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •' 
 
 6 Id. 
 
 Id. 
 
 £20, and also £5 for every day 
 afterwards in default (s. Ill); — 
 recovered as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 of lawful money of Great Britain, upon condition to prosecute such appeal with effect, and 
 to be forthcoming toabide the judgment and determination of the said next general sessions 
 or general quarter sessions, and to pay such costs as the said court shall award on such 
 occasion ;— and the justices in the said next court of general or general quarter sessions 
 are hereby authorized and required to hear and determine the matter of the said appeal, 
 and to award such costs as to them shall appear just and reasonable, to be paid by either 
 party, which decision shall be final ; — and if, upon hearing the said appeal, the judgment 
 of the justices before whom the appellant shall have been convicted shall be affirmed, 
 such appellant shall immediately be committed by the said court to the common goal or 
 house of correction, without bail or mainprize, according to such conviction, and for the 
 space of time therein mentioned. 
 
 61a To what the Act 10 ^ 11 Fict. c. 16, applies, incorporated Provisions as to Recovery 
 of Penalties — Appeal.^ The offences under this title are enacted by "The Commissioners 
 Glauses Act, 1847," which extends " only to such undertakings or commissioners as shall 
 be authorized or constituted by any act of parliament thereafter to be passed, which shall 
 declare that this act shall be incorporated therewith" (s. 1). By s. 104, the provisions as 
 to recovery of penalties contained in the 8 & 9 Vict. c. 20, are incorporated witli the 10 
 & 11 Vict. c. 16. Vide Note 5i, ante, p. 256, as to penalty on witnesses and apprehension 
 of transient offenders, and Note 55i «»'e, p. 257, the requirements as to appeal, which, 
 therefore, equally apply to this title. Sect 106 of the 10 & 11 Vict c. 16 provides for the 
 application of penalties imposed in the Metropolitan Police District 
 
 Digitized by Microsoft® 
 
264 
 
 Summary Convictions. 
 
 [PAET I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 COMMONS, &c. 
 
 1. Scabbed Shee^.'] Any person turning out, keeping or depasturing 
 upon any forest, chase, wood, moor, marsh, heath, common waste 
 land, open field or other undivided or uninclosed land, any sheep 
 or lambs infected with the disorder called scab or mange, 
 
 2. Wilfully or knowingly turning out, keeping or depasturing upon any 
 such place, any sheep or lambs which at any time within 6 cal. m. 
 immediately previous thereto shall have been infected as aforesaid. 
 
 3. Sheep or lambs, believed to be infected, having been driven from any 
 forest, &c., by virtue of justice's warrant, on complaint made, and 
 upon examination proved not to be so scabbed, &c. 
 
 If it appear that such sheep {Offence 3) when turned out or depas- 
 tured, or within 6 cal. m. previously, were so infected, then justice 
 to direct same to be impounded and detained, and to be marked 
 on each side with the letter S. (not less than 5 inches in length, 
 with pitch, &c., and cause the left ear .to be cut or slit in a hori- 
 zontal line (not exceeding 1 inch in length), and when so marked, 
 to be delivered to owner. 
 
 6. Any person, within 6 calendar months, cutting out, altering or destroy- 
 ing the said mark in the ear ( Offence 4), 
 
 6. Owner not immediately renewing the mark made on the side as often 
 as same is defaced, altered, obliterated or destroyed by any means 
 whatsoever. 
 
 7. Sheep not marked.'] Owner of sheep or lamb, 3 months old, turned out 
 upon any such place {as Offence 1), neglecting to cause the same 
 to be marked with his initials, or with such marks with which they 
 have for three preceding years been usually marked, such letters 
 or marks not being less than 3 inches in length. 
 
 [See titles " Inclosures" and " Sheep," p<ist.'\ 
 
 38 Geo. 3, 
 c. 6'5, s. 1. 
 
 Id. 
 
 Id. s. 4. 
 
 Id. s. 5. 
 
 Id. s. 2. 
 
 62 Appeal.'] By 38 Geo. 3, c. 65, s. 9, — " if any person or persons shall think himself, 
 herself or themselves aggrieved by anything done by or in pursuance of this act, such person 
 or persons may appeal to the justices of the general quarter sessions of the peace to be holden 
 for the county or place where such matter of appeal shall arise next after the expiration 
 of four calendar months from the time such matter of appeal shall have arisen, — and the 
 justices in such sessions are hereby authorized and required to hear and determine the 
 matter of such appeal in a summary way, and to make such determination therein, and 
 
 Digitized by Microsoft® 
 
CHAP. II ] 
 
 COMMONS, &c. 
 
 265 
 
 Time of laying 
 Information, 
 
 1 J Within 
 2(6 cal. m, 
 (11 & 12 Vict 
 c.43,s. 11) 
 
 3 Id. 
 
 4 Id. 
 
 Number 
 and wiiat 
 Ju&ticeti to 
 convict. 
 
 One. 
 
 5} Id. 
 
 6( 
 
 Id. 
 
 One. 
 
 One. 
 
 One. 
 
 One. 
 
 Penalty. &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Not more than £10 nor less than 
 20s. as often as the same are 
 turned out (s. 1); — levied by dis- 
 tress (s. 7); — in default, impr. 
 for not exceeding 3 calendar 
 months unless sooner paid, under 
 11 & 12 Vict. c. 43, s. 22, ante, 
 p. 179. 
 
 Justice may award reasonable costs 
 and damages to be paid by com- 
 plainant to owner, to be recovered 
 as penalties. Fide Offences 1, 2, 
 
 The expenses of taking, driving, 
 keeping, impounding and mark- 
 ing same to be paid by owner, 
 together with penalty (see Of- 
 fences 1, 2), and recovered in like 
 manner (s. 4). 
 
 Not exceeding 20s. nor less than 2s. 
 for every sheep and lamb (s. 5), 
 with costs, recoverable as Of- 
 fences 1, 2, supra. 
 
 Not exceeding 2s. for every such 
 sheep or lamb not so marked, as 
 often as it shall be turned out 
 (s. 2), with costs, — recoverable as 
 Offences 1, 2, supra. 
 
 Yes 
 
 (Note 
 
 62)- 
 
 Id. 
 
 Id'. 
 
 Penalty, &c. 
 to wnom 
 payable. 
 
 Half to 
 informer, 
 and half to 
 overs, for 
 poor rate 
 (s. 7). 
 
 Id. 
 
 Id. 
 
 Page, &c. 
 
 of 
 FormuliEl. 
 
 No. 1, 
 p. 96. 
 
 Half to 
 informer, 
 and half to 
 overs, for 
 poor rate 
 (s. 7). 
 
 Id. 
 
 Note 63. 
 
 Justice's 
 adjudica- 
 tion, &c. 
 Nos. 7, 8, 
 pp. 97, 
 98. 
 
 No. 9, 
 p. 98. 
 
 No. 10, 
 p. 98. 
 
 to award such costs, as they shall judge proper ; — and such determination shall be final, 
 binding and conclusive to all parties and to all intents and purposes whatsoever." 
 
 63 Forms.'] Vide the following forms in Oke's " Formulist," 2nd edit., pp. 96, 97 :— 
 Complaint for a warrant to remove Sheep, &c. infected, No. 2 ; Warrant thereon to drive 
 same to the next Pound, No. 3 ; Notice to the Owner of the Examination, No. 4 ; Com- 
 plaint by the Owner of Expenses incurred, where the Sheep are not infected, No. 5, Order 
 for Expenses, No. 6. 
 
 Digitized by Microsoft® 
 
266 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 CONSTABLES. 
 
 I. As TO Parochial Constables. 
 II. As to County Police Constables. 
 
 III. As TO Borough Constables. 
 
 IV. As TO Special Constables. 
 V. As TO Constables on Rivers, Canals, &c. 
 
 VI. As TO Constables under Watching Act. 
 VII. Constables in the Metropolis. 
 
 I. As TO Parochial Constables. 
 
 1. Any person qualified and liable and chosen by justices to serve as 
 
 constable and summoned to be sworn in, refusing, 
 or 
 
 2. Neglecting, without reasonable cause, 
 
 to attend and be sworn, or to find a substitute. 
 
 3. After being sworn in, refusing, 
 
 or 
 
 4. Wilfully neglecting, 
 
 to act in the execution of his office. 
 
 5. Neglecting duty or disobeying any lawful warrant or order of any 
 
 justice. 
 
 [The Order should strictly be in writing.'} 
 
 6. Refusing, or wilfully neglecting, to take vagrants into custody and 
 
 before justice, 
 or 
 
 7. Not using his best endeavours to apprehend and convey before some 
 
 justice any person he finds offending against the act. 
 
 8. Disturbing or hindering constable in the execution of Vagrant Act 
 
 [Js to assaulting these constables, it is punishable summarily under 
 the General Assault Act, 9 Geo. 4, c. 31, {.27, see" Assault," ante, 
 p. 232. As to Billets, see " Military Law." Andsee Chap^ 3, post.} 
 
 II. As TO County Police Constables. 
 
 9. Any constable guilty of any neglect or violation of duty in his office. 
 
 [Mem. The 19 ^^ 20 Fict. c. 69 {the Compulsory Police Act), creates^ 
 no new offence. Vide an abstract of it and the other acts as to 
 County Police, in Part III. qf this work, under title " County 
 Police."] 
 
 5 & 6 Vict. 
 c. 109, B. 13. 
 
 Id. 
 
 33 Geo. 3, 
 c. S5, s. 1. 
 
 5 Geo. i, c. 83, 
 ss. 6, 11. 
 
 Id. ». 11. 
 
 2 & 3 Vict 
 
 c. 93, s. 12 
 
 {Note 8. ««'e. 
 
 p. 221). 
 
 64 Appeal.] By 33 Geo. 3, c. 55, s. 1 {inter alia), — " if any person shall be aggrieved by 
 the imposition of such fine or fines as aforesaid, — or by any order or warrant of distress 
 for raising or levying the same, — or by the judgment or determination of the said justices, — 
 or by any act to be done in the execution of any such warrant of distress, — such person or 
 
 Digitized by Microsoft® 
 
CHAP, il.] 
 
 CONSTABLES. 
 
 267 
 
 Time of laying 
 Informauon, 
 
 Hi. 
 
 Number 
 and what 
 Justicef- to 
 convict. 
 
 1 ^ Within 
 
 2 \ 6 cal. m. 
 (11 & 12 Vict. 
 
 c.43,s.ll), 
 
 Id. 
 
 5 On oath 
 
 (s. 1), and 
 
 within & cal. m. 
 
 (ll&12Vict. 
 
 C.43, s. 11). 
 
 5} 
 
 On oath 
 
 and within 
 
 6 cal, months 
 
 (U& 12 Vict. 
 
 c.43, s. 11). 
 
 Id. 
 
 9 Within 2 
 cal.m. (s. 15 
 ofl&2Will.4, 
 c. 41). 
 
 Two. 
 
 Two. 
 
 Penalty. &c. 
 
 and 
 
 Mode of enforcing^. 
 
 [Mem. It is sufficient in the case of 
 all peace officers to prove they acted 
 in that character, without producing 
 their appointment {Berryman v. 
 Wise, 4 T. R. 466) j even thoueh 
 appointed under a local act {^Butler 
 V. Ford, 1 C. & M. 622).] 
 
 Not more than £10 (s. 13) ;— levied 
 by distress (s. 24); — in default, 
 imprisonment for not exceeding 
 3 cal. m., unless sooner paid, 
 under 11 & 12 Vict. c. 43, s. 22, 
 ante, p. 179. 
 
 Not more than £5 (s. 13), with 
 costs; — recoverable as Offences, 
 1, 2, supra. 
 
 Two or 
 more at 
 special 
 or petty 
 ses- 
 sions. 
 
 One or 
 
 more 
 
 (s. 11). 
 
 Id. 
 
 Two. 
 
 Not exceeding 40s. ; — levied by dis- 
 tress ; — if insufficient, imprison- 
 ment for not exceeding 10 days, 
 unless sooner paid (s. 1 ). 
 
 Not exceeding £5 ; — levied by dis 
 tress ;— if insufficient, imprison 
 ment for not exceeding 3 calendar 
 months or until fine be paid (s. 
 11). 
 
 The like. 
 
 Not more than £10, which may be 
 deducted from his salary then 
 due ; — or, at justices' discretion, 
 impc. with or without h. 1. for not 
 more than 1 cal. m. (s. 12). If 
 no salary due, penalty recover- 
 able as Oilences 11—13, p. 269. 
 
 If Ap- 
 peal, and 
 Time, 
 Sic. 
 
 No. 
 
 No. 
 
 Yes 
 {Note 
 
 64). 
 
 Yes 
 
 (S. 14; 
 
 Note 
 
 65). 
 
 Id. 
 
 No. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 To be ap - 
 plied in aid 
 
 of poor's 
 rates (s. 25). 
 
 Id. 
 
 To poor 
 rates of 
 parish 
 where 
 offender re- 
 sides (s. 1), 
 
 Treasurer 
 
 of county 
 
 (s.11). 
 
 Id. 
 
 Overs, for 
 CO. rate (s. 
 15 of 1 & 2 
 Will. 4, c. 
 41, Note 8, 
 ante, 
 p. 221). 
 
 persons so aggrieved shall and may appeal to the next general or quarter sessions of the 
 peace to be held for the county, riding or division within which such person shall reside, 
 of wliioh appeal ten days' notice at the least shall be given." 
 65 Appeal.\ See note No. 278 to title " Vagrants," post; 
 
 Digitized by Microsoft® 
 
268 
 
 Summary Convictions. 
 
 [PART I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 CONSTABLES— confa'Mwerf. 
 
 II. As TO County Police Constables — continued. 
 10. Constable resigning or withdrawing himself from his duties without 
 
 leave in writing from chief constable or superintendent, — or one 
 
 calendar month's notice. 
 
 11. Any person not being a constable appointed, having in his possession 
 
 any article, being part of the clothing, accoutrements or appoint- 
 ments supplied to any constable, and not satisfactorily accounting 
 for possession thereof, 
 or 
 
 12. Putting on the dress, 
 
 or 
 
 13. Taking the name, designation or character of any person ajjpointed 
 
 constable, for the purpose of thereby obtaining admission into any 
 house or other place, — or of doing or procuring to be done any act 
 which he would not be entitled to do or procure to be done of his 
 own authority, — or for any other unlawful purpose. 
 
 14. Any person fraudulently claiming or taking the benefit of exemption 
 
 from toll (not being lawfully entitled thereto as a county con- 
 stable). 
 
 15. Constable dismissed or ceasing to hold office not forthwith delivering 
 
 over all the clothing, &c. supplied to him to the chief constable or 
 superintendent, &c. 
 
 16. Persons having charge, control or possession of watchhouses, watch- 
 
 boxes, &c. [in parish where constables appointed under General 
 Watching Act, 3 & 4 Will. 4, c. 90] neglecting or refusing to give 
 up same when recjuired by chief constable. 
 
 17. Person having the charge, &c. of any building used as a watchhouse 
 
 refusing, or neglecting, to give up part thereof, from i p.m. and 
 until 9 A.M. for the use of county constables, 
 or 
 
 18. To permit free access thereto, or egress therefrom, during any por- 
 
 tion of such time. 
 
 19. Person having custody of county rates, or returns of one county, wil- 
 
 fully refusing, or neglecting, to permit treasurer of another county, 
 or other person having an order in writing from him for that pur- 
 pose, to inspect or to take copies or extracts from the same within 
 two days after order shown him, or left at his abode. 
 
 Publicans harbouring them, see Offences IS — 17, title "Alehouses," p. 222. 
 
 Assaulting them, Sfc. see Offences 29, 30, p. 272 {Note 67)- 
 
 Statute. 
 
 2 & 3 Vict. 
 
 c. 93, s. 13 
 
 {Note 8i ante, 
 
 p. 221). 
 
 Id. s. IS. 
 
 3 & 4 Vict c. 88 
 s. 1 {Note 66). 
 
 2&3Vict.c. 93, 
 s. 14 {Note 8, 
 ante, p. 221). 
 
 3&4Vict. c. 88, 
 s. 21 {Note 66)- 
 
 Id. 
 
 Id. 
 
 66 Incorporation Clause.] Sect. 35 of the 3 & 4 Vict. c. 88, incorporates the 2 8l 3 Vict. 
 c. 93, with it ; and sect. 8 of the 2 & 3 Vict. c. 93, incorporates itself with the 1 & 2 Will, i, 
 c. 41, under which latter the penalties are recovered. See Note 8, ante, p. 221. The 
 compulsory county police act is the 19 & 20 Vict, c, 69. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 CONSTABLES. 
 
 269 
 
 lime of laylnff 
 
 iDforniatioo. 
 
 lie. 
 
 10 Within 
 
 2 cal. m. 
 
 (s. 15 of 
 
 1 St 2 Will. 4, 
 
 c. 41). 
 
 in Id. 
 13/ 
 
 14 Id. 
 
 15 Id. 
 
 16 Id. 
 
 171 Id. 
 18 f 
 
 19 Id. 
 
 Number 
 
 and what 
 Justices to 
 convict. 
 
 Two. 
 
 Two. 
 
 Two. 
 
 Two. 
 
 Two. 
 
 Two. 
 
 Two. 
 
 Penalty, &c. 
 Mode of enforcing. 
 
 Liable to forfeit all arrears of pay 
 then due, or to a penalty of not 
 more than £5 (s. 13), — ^recover- 
 able as Offences 11 — 13, infra. 
 
 In addition to any other punishment 
 he may be liable to, to a penalty 
 of not more than £10 (s. 15) ; — 
 recoverable under 1 & 2 Will. 4, 
 c. 41, by distress ; — if fnsufficient, 
 impr., with or without h. 1., for 
 not exc. 1 cal. m. where sum to 
 be paid not exc. £5, and for not 
 exc. 2 cal. months in any other 
 case, unless sooner paid (,s. 16, 
 Note S, ante, 'p. 221). 
 
 Not more than £5 (s. 1 ) ; — recover, 
 able as offence 11 — 13, supra, 
 (Note 66). 
 
 Imprisonment, with or without h. 1. 
 for not exc. 1 cal. m. Any jus- 
 tice may grant warrant to search 
 for and seize clothing, &c. (s. 14). 
 
 Over and above value of property 
 not given up, not exceeding £5 
 (s. 21) i — ^recoverable as Offences 
 11— 13, supra {Note QQ). 
 
 Not exceeding £5 (s. 21) ;— re- 
 coverable under s. 16 of 1 & 2 
 Will. 4, c. 41, as Offences 11—13, 
 supra (Note QQ), 
 
 Not exceeding £10 (s. 9) ; — ^r 
 coverable under s. 16 of 1 & 2 
 Will. 4, c. 41 , as Offences 11—13, 
 supra (Note 66). 
 
 If Ap- 
 peal, and 
 Time, 
 Sic. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 Penalty. &c. 
 to whom 
 payable. 
 
 Overs, for 
 
 co.rate(s.l5 
 
 of 1 &2 
 
 Will. 4, c. 
 
 4:l,NoleS^ 
 
 ante, 
 
 p. 221). 
 
 Id. 
 
 Id. 
 (Note 66). 
 
 Same as in 
 Offence 14, 
 supra. 
 
 Id. 
 
 Id. 
 
 Page, &c. 
 
 of 
 Formullst. 
 
 No. 6, 
 
 pp. 
 
 99, 100. 
 
 No. 7, 
 P^oq^ 
 
 67 The provisions relative to offences of assaulting special constables in the 1 & 2 
 Will. 4, c. 41, apply as well to county police constables, yide Not.e 66, supra, and Note 8, 
 
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270 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 CONSTABLES— coK^naeiZ. 
 
 III. As TO Borough Constables. 
 
 20. Any constable guilty of any neglect of duty, 
 
 or 
 
 21. Of any disobedience of any lawful order. 
 
 \_As to neglect of duty in particular cases, see '' Parochial Constables," ante, 
 jD. 266 ; as to borough special constables appointed annually in October, 
 they are liable to the same penalties as under 1^2 Will. 4, c, 41 (vide 
 Offences 27, 28, infra), by «. 83 o/ 5 ^ 6 Will. 4, u. 76.] 
 
 22. Any person assaulting, or resisting, any constable in the execution 
 
 of his duty, 
 or 
 
 23. Aiding, or inciting, any person so to assault or resist. 
 
 IV. As TO Special Constables. 
 
 24. Refusing to take Oath.'] Any person appointed a special constable 
 refusing to take the oath when required. 
 
 25. Neglecting or refusing, 
 
 to appear at the time and place summoned to take the oath 
 (unless sufficient excuse shown). 
 
 26. Not delivering up Clothing, 4"c-] Constable, after expiration of his 
 
 office, or after ceasing to exercise the same, not delivering up to 
 person directed by a justice every weapon and other article pro- 
 vided for him. 
 
 27. Refusing, to sene.'] Neglecting or refusing, when called upon, to 
 
 serve as such special constable, 
 
 28. To obey such lawful orders and directions given to him for the per- 
 formance of his duties (unless sufficient excuse shown). 
 
 5 & 6 Will. 4, 
 c. 76, s. 80 
 {Note 68 > 
 
 Id. s. 81. 
 
 1 & 2 Will. 4, 
 vi. 41, s. 7. 
 
 Id. 
 
 Id. 5. 10. 
 
 Id. 
 
 68 Witnesses.'] The statute imposes a penalty of not exceeding £5 on witnesses re- 
 fusing to appear or to be examined (s. 128). See section 7 of 11 & 12 Vict c. 43, ante, 
 p. 122. 
 
 69 Appeal] By 5 & 6 Will. 4, c. 76, s. 131,—" any person who shall think himself 
 aggrieved by any summary conviction in pursuance of this act, may appeal to the next court 
 of general or quarter sessions of the peace, to be holden not less than twelve days after such 
 conviction for the county or for the borough wherein the cause of complaint shall have 
 arisen, — provided that such person shall give to the complainant a notice in writing of 
 such appeal, and of the cause and matter thereof, within three days after such cotiviction, 
 and seven clear days at the least before such sessions; — and shall also either remain in 
 custody until the sessions, or enter into a recognizance, with a sufficient surety, before a 
 justice of the peace, within such three days, or at any time during his custody, on giving 
 to the complainant three days' notice In writing of his intention so to do, and of the name. 
 
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CHAP. II.] 
 
 CONSTABLES. 
 
 271 
 
 Time oflaylug 
 iDfonil^Iton, 
 
 20\ On oath, 
 21/ and within 
 
 3 cal. m. 
 
 (s. 127). 
 
 Number 
 and what 
 Jutitices to 
 convict. 
 
 Two 
 (s. 127). 
 
 221 
 23 j 
 
 2i 
 
 Id. 
 
 Within 2 
 
 cal. months 
 
 (s. 15), 
 
 25 Id. 
 
 26 Id. 
 
 Id. 
 
 Penalty. &c. 
 
 and 
 
 Mode of enforcing;. 
 
 Impr. for not more than 10 days, — or 
 fine not exc. iOs., — or dismissed 
 from office (s. 80). Fine levied 
 by distress ; — if insufficient, impr. 
 with or without h. 1. for not ex- 
 ceeding 1 cal. m., unless sooner 
 paid (s. 129). 
 
 Not exceeding £5 ;— or punishable 
 by indictment (s. 81). Fine 
 levied by distress and imprison 
 ment, as Offences 20, 21, supra. 
 
 271 
 28 j 
 
 Id. 
 
 Two; 
 the 
 justices 
 requir- 
 ing him 
 to talce 
 the oath. 
 
 Two. 
 Two. 
 
 Two. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Yes 
 
 (s. 131, 
 
 Note 
 
 69). 
 
 Id. 
 
 Not exceeding £5 (s. 7) ; — levied by 
 distress ; — and if insufficient, im- 
 prisonment with or without hard 
 labour for not exceeding 1 cal. m., 
 unless sooner paid (s. 16). 
 
 The like. 
 
 Notexceedingi62(s. 10); — ^recover- 
 able as Offence 24, supra. 
 
 Not exceeding £5 (s. 8) ; — recover- 
 able as Offence 24, supra. 
 
 No. 
 
 Penalty, &c. 
 10 wnom 
 payable. 
 
 To borough 
 treasurer 
 (s. 126). 
 
 Id. 
 
 No. 
 
 No. 
 
 No. 
 
 Overseers 
 of poor 
 
 for CO. rate 
 (s. 15). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Page, &c. 
 
 of 
 FormullBt. 
 
 No. 9, 
 p. 100. 
 
 Nos. 
 10—12, 
 p. 100. 
 
 No. 15, 
 p. 101. 
 
 No. 16, 
 p. lOX. 
 
 No. 17, 
 p. 101. 
 
 description and place of abode of his proposed surety, conditioned personally to appear at 
 the said sessions, and to try such appeal, and to abide the judgment of the court there- 
 upon, and to pay such costs as shall be by the court awarded ; — and upon such notice 
 heing given and such recognizance entered into, the justice before whom the same shall 
 be entered into shall liberate such person if in custody ; — and the court at such sessions 
 shall hear and determine the matter of the appeal, and shall make such order therein ; 
 with or without costs to either party, as to the court shall seem meet, and in case of the 
 dismissal of the appeal or the affirmance of the conviction, shall order and adjudge the 
 offender to be dealt with and punished according to the conviction, and to pay such costs 
 as shall be awarded, and shall, if necessary, issue process for enforcing such judgment." 
 A special case may be stated, although the certiorari is taken away (see Reg. v. Dickenson, 
 26 L. J. (N, S.) M. C. 204). 
 
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272 
 
 Summary Convictions. 
 
 [part I, 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 CONSTABLES— confaKKerf. 
 
 IV. As TO Special Constables— coniJMKcii. 
 
 29. Assaults on.'] Assaulting or resisting any constaWe whilst in the 
 execution of his office, 
 
 30. Promoting or encouraging any person to do so {Note 67)- 
 
 V. As TO Constables on Rivers, Canals, &c. 
 
 31. Neglecting duty.] Any constable guilty of any neglect or breach 
 of duty. 
 
 32. Not delivering up Clothes, Sfc.] Constable dismissed, or ceasing to 
 hold office, not forthwith delivering up the clothing, accoutre 
 ments, &c. supplied to him. 
 
 33. Assaults, ^c. on.] Assaulting or resisting any constable in the exe- 
 
 cution of his duty, 
 or 
 
 34. Aiding or inciting any person so to do. 
 
 VI. As TO Constables under Watching Act. 
 
 35. Assaulting or resisting any watchman, sergeant of the watch, patrol 
 
 or streetkeeper in the execution of his duty, 
 or 
 
 36. Promoting or encouraging any person so to do. 
 
 [Vide Offences 16 — 18, ante, p. 268, applicable to these descriptions 
 of constables ; and tit. " Lighting and Watching," post,/or other 
 offences ; and see S Sf i Vict. c. 88, s. 20, and ss. 18, 19 of the 
 19 8f 20 Vict. c. 69 (the County Police Acts) how they affect the 
 Z S; i Will. 4, c. 90, title " County Police," in Part III. of this 
 Work.] 
 
 1 & 2 Will. 4, 
 c. 41, B. 11. 
 
 3 & 4 Vict 
 li. 50, ». 4. 
 
 Id. s. 5. 
 
 Id. s. 6. 
 
 3 & 4 Will. 4, 
 c. 90, s. 41. 
 
 70 Aj^eal.] By 3 8s 4 Vict. c. 50, s. 19, — " in every case of summary conviction before 
 any justices of the peace under this act, in which the penalty adjudged to he paid shall be 
 more than £S, any person who shall think himself aggrieved by the conviction may appeal 
 to the justices of the peace to be holden for the county, riding or division wherein the 
 cause of complaint shall have arisen ; — provided that such person, at the time of the con- 
 viction or within forty-eight hours thereafter, shall enter into a recognizance, with two suf- 
 ficient sureties, conditioned personally, to appear at the said sessions to try such appeal, 
 
 Digitized by Microsoft® 
 
CHAP. II.J 
 
 CONSTABLES. 
 
 273 
 
 Time of laying 
 
 luformatloD, 
 
 SiC 
 
 Number 
 and what 
 JuRtlces to 
 convict. 
 
 Penalty, Sec, 
 
 And 
 
 Mode of enforcing. 
 
 IfAp. 
 
 peal, and 
 
 Time, 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Page,^&c 
 
 FormullBt. 
 
 29 \ Within 
 
 SO J 2cal. m. 
 
 (s. 15). 
 
 Two. 
 
 Not exceeding £20 (s. 1 1) ;— levied 
 
 No. 
 
 Overs, of 
 
 Nos. 
 
 
 by distress ; — and if insufficient, 
 
 
 poor for CO. 
 
 18-20, 
 
 
 imprisonment with or without 
 
 
 rate (s. 15). 
 
 pp. 
 
 
 
 hard labour for not exc. 1 cal. m. 
 
 
 [Vide 3 81-1 
 
 101, 102. 
 
 
 
 where sum to be paid not exc. £5, 
 
 
 Vict. c. 88, 
 
 
 
 
 — and for not exc. 2 cal. months 
 
 
 s. 10, when 
 
 
 
 
 in any other case, unless sooner 
 
 
 county con- 
 
 
 
 
 paid ; — or oflFender may be in- 
 
 
 stables as- 
 
 
 
 
 dicted (s. 16). 
 
 
 saulted, 
 
 ante, 
 p. 189.] 
 
 
 SI Within 6 
 
 Two 
 
 Not more than £\0, which may be 
 
 Yes 
 
 Treasurer 
 
 No. 22, 
 
 cal. months 
 
 (s. 14). 
 
 deducted from salary due; — or, at 
 
 (see 
 
 of county, 
 
 p. 102. 
 
 (11 & 12 Vict. 
 
 
 justice's discretion, impr. with or 
 
 Note 
 
 &c. not 
 
 
 c. 43, s. 11). 
 
 
 without h. 1. for not exc. 1 cal. m. 
 (s. 4) ;— or instead of impr., le- 
 vied by distress (s. 15) ; — ^in de- 
 fault, impr. for not exc. 3 cal. m., 
 unless sooner paid, under 1 1 & 1 2 
 Vict. c. 43, s. 22, ante, p. 179. 
 
 70). 
 
 being ap- 
 plied by act 
 (see ante, 
 p. 190.) 
 
 
 32 Id. 
 
 Id. 
 
 Impr. with or without h. 1. for not 
 exc. 1 cal. m. One justice may 
 issue a warrant to search for and 
 seize clothing, &c. (s. 5). 
 
 No. 
 
 ' ' 
 
 • * 
 
 33 ) Id. 
 
 31 1 
 
 One 
 
 Not more than £10 ; — or at justice's 
 
 Id. 
 
 Id. 
 
 No. 23, 
 
 (s. 6). 
 
 discretion, impr. with or without 
 
 
 
 p. 102. 
 
 
 
 h. 1. for not more than 2 cal. m. 
 
 
 
 
 
 
 unless sooner paid (s. 6) ; — or in- 
 
 
 
 
 
 
 stead of impr., levied by distress, 
 
 
 
 
 
 
 and impr. in default, as Offence 
 
 
 
 
 
 
 31, supra. 
 
 
 
 
 35 ) Id. 
 
 36 < {Noten, 
 
 One 
 
 Not exc. 40*. ; if not immediately 
 
 Yes 
 
 To the in- 
 
 No. 25, 
 
 (s.41). 
 
 paid, imprisonment for not exc. 
 
 (see 
 
 spectors 
 
 p. 102. 
 
 post, p. 274). 
 
 
 3 calendar months with or without 
 
 s. 66, 
 
 for the pur- 
 
 
 
 
 hard labour, unless sooner paid. 
 
 Note 
 
 poses of the 
 
 
 
 
 — Or instead, distress warrant for 
 
 156, 
 
 act (s. 63). 
 
 
 
 
 forfeiture and costs (s. 41); in 
 
 post). 
 
 
 
 
 
 default, imprisonment for not ex- 
 
 
 
 
 
 
 ceeding 3 calendar months unless 
 
 
 
 
 
 
 sooner paid, under 11 & 12 Vict. 
 
 
 
 
 
 
 c. 43, s. 22, ante, p. 179. 
 
 
 
 
 and to abide the further judgment of the justices at such sessions assembled and to pay 
 such costs as shall be by the last-mentioned justices awarded ; —and it shall be lawful for 
 the justices by whom such conviction shall have been made to bind over the witnesses who 
 shall have been examined in sufficient recognizances to attend and be examined at the 
 hearing of such appeal ; — and that every such witness, on producing a certificate of his 
 being so bound under the hand of the justices, shall be allowed compensation for his time, 
 trouble and expenses in attending the appeal, which compensation shall be paid in the 
 O.S. X 
 
 Digitized by Microsoft® 
 
274 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 CONSTABLES — continued. 
 
 VII. Constables in the Metropolis. 
 
 Metropolitan Police Force.'] Offences by, see 2 & 3 Vict c. 47, ss. 14, 
 15, 16 ; — assaults on, see Id. s. 18. 
 
 City Police Force.'] Offences by, see 2 & 3 Vict. c. 94 (local), ss. 15, 16, 
 17; — assaults on, see Id. s. 19. 
 
 COPYRIGHT OF DESIGNS. 
 
 1. Applying any registered design, or any fraudulent imitation thereof, 
 
 for the purpose of sale, to the ornamenting of any article, without 
 consent of registered proprietor, 
 or 
 
 2. Selling any article to which design or imitation has been applied after 
 
 having received notice. 
 
 3. Unlawfully selling or advertising for sale articles as being registered; 
 
 the design not being registered, 
 
 4. After the copyright shall have expired. 
 
 5,6. The like (as 3 & 4), under 
 
 [&e Extension Acts, 13i 8f 14 Vict. c. 104 j 14 Vict. c. 8 ; 15 Vict. 
 
 C.6.] 
 \_As to copyright in books, see 5 8^ 6 Vict. c. 45, UTid' International 
 Copyright, 7 Vict. u. 12.] 
 
 CORN RETURNS. 
 
 1. Persons dealing in British corn, or carrying on the trade or business 
 of a corn factor, miller, malster, &c. (see s. 23), not making and 
 delivering the declarations required by s. 23 to be delivered to 
 the mayor or justice of the place, 
 
 2. Not making returns of corn bought, to inspector of corn returns as 
 required by s. 24. 
 
 CORPORATIONS. See " Bye- Laws of Boroughs," ante, p. 256, and 
 Part III. 
 
 5 & 6 Vict 
 
 c. 100, ss. 7, 8 
 
 (Note 72). 
 
 Id. s. 11. 
 
 6 & 7 Vict 
 c. 65, s. 4 
 (Note 74). 
 
 5 Vict. c. 14, 
 E. 39. 
 
 Id. 
 
 first instance by the treasurer of the county or riding, in like manner as in cases of misde- 
 rneanor, under the provisions of the act 7 Geo. 4, o. 64 ; — and in case the appeal shall be 
 dismissed, and the order or conviction affirmed, the reasonable expenses of all such wit- 
 nesses attending as aforesaid, to be ascertained by the court, shall be repaid to the trea- 
 surer of the county or riding by the appellant." 
 
 71 Apprehension of Defendant.] The offender may be apprehended without warrant 
 by the constables (s. 41). 
 
 72 To what the Act 5 S[ 6 Vict. c. 100, applies.] The act 5 & 6 Vict. u. 100, applies to 
 
 Digitized by Microsoft® 
 
OHAP. II.] 
 
 CONSTABLES-CORPORATIONS. 
 
 275 
 
 Time of layiDg 
 Infonaafitili, 
 
 Number 
 and what 
 JuBtices to 
 convict. 
 
 Penalty, tc. 
 Mode of enforcing. 
 
 [fAp- 
 
 peal.and 
 
 Time, 
 
 iic 
 
 Fentltj, &c. 
 
 to whom 
 payable. 
 
 Page.&c 
 of 
 
 FormullBt. 
 
 1 1 Within 12 
 
 2 I cal. m. 
 
 Two or 
 
 Not less than £5, and not exceeding 
 
 No. 
 
 Proprietor 
 
 
 more. 
 
 £30 i —enforced by distress (s. 8 ) ; 
 
 
 of regis- 
 
 
 (s. 12, 
 
 where 
 
 — if distress insufficient, impri- 
 
 
 tered design 
 
 
 Note 73). 
 
 offender 
 resides 
 (s. 8). 
 
 sonment for not exceeding 3 cal. 
 ra., unless sooner paid (11 & 12 
 Vict. c. 43, s. 22, ante, p. 179). 
 
 
 (s. 8). 
 
 
 3) Id. 
 
 Id. 
 
 Not exc. £5 (s. 11) j — enforced by 
 
 No. 
 
 Treas. ofco. 
 
 Nos. 1, 2, 
 
 
 distress, &c., as Offences 1, 2. 
 
 
 &c. not 
 
 p. 103. 
 
 
 
 
 
 being ap- 
 
 
 
 
 
 
 plied by act 
 
 (see ante, 
 
 p. 190). 
 
 
 5) Id. 
 6$ 
 
 Id. 
 
 Not exceeding £5 nor less than £[ 
 
 No. 
 
 Id. 
 
 * ■ 
 
 
 (s. 4) ; — enforced by distress, &c.. 
 
 
 
 
 
 
 as Offences 1, 2. See exten- 
 
 
 
 
 
 
 sion clause, s. 6 of 6 & 7 Vict. 
 
 
 
 
 
 
 c. 65. 
 
 
 
 
 1 Within 6 
 
 Two 
 
 Not exc. £20 for each and every 
 
 No. 
 
 To the 
 
 So. 1, 
 
 cal. m. 
 
 (s. 40). 
 
 cal. m. neglecting or delaying to 
 
 
 informer 
 
 p. 103. 
 
 (11 & 12 Vict 
 
 
 make and deliver same (s. 39) ; — 
 
 
 (s. 40). 
 
 
 c. 43, s. 11). 
 
 
 levied by distress,— and in de- 
 fault impr. for not exc. 3 cal. m. 
 unless sooner paid (s. 40). 
 
 
 
 
 2 Id. 
 
 Id. 
 
 Not exc. £20 (s. 39) ;— recovered 
 as Offence 1. 
 
 No. 
 
 Id. 
 
 No. 2, 
 p. 103. 
 
 Cases where the novelty is in the pattern, shape, configuration, or ornament of the article 
 
 73 -By whom Information to be laid.} The information under the 5 & 6 Vict. c. 100, as 
 well as under 6 & 7 Vict c. 65, must be laid by or on behalf of the registered proprietor 
 (5 & 6 Vict c. 100, s. 8 ; 6 & 7 Vict. c. 65, s. 6). 
 
 74 Extension of 5 S[ 6 Vict. c. 100.] The act 6 & 7 Vict c. 65, amends and extends the 
 & 6 Vict t. 100, arid protects designs having reference to some purpose of utility, so far 
 as such design-Shall be for the shape or configuration of such article, and that whether it 
 Be for (he Whole of such shape or configuration, or only for a part thereof (ss. 2, 6). 
 
 rr 
 
 Digitized by Microsoft® 
 
276 
 
 Summary Convictions. 
 
 [part I, 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 C0U1S(TY COURTS. 
 
 1. Any person assaulting any officer or bailiif of any court while in the 
 
 execution of his duty, 
 or 
 
 2. Making rescue, — or attempting to make rescue, — of any goods levied 
 
 under process of the court. 
 
 CRIMINAL JUSTICE ACT. See Chap. IV. of this Part, post. 
 
 CRUELTY TO ANIMALS. 
 
 1. Ill-treating.'] Any person cruelly beating, ill-treating, over-driving, 
 or "over-riding," abusing or torturing, 
 
 2. Causing or procuring to be cruelly beaten, &c., 
 any animal. 
 
 [See Note 1Q,for interpretation of " Animal."] 
 
 3. Any person vfho shall, from and after the 1st of January, 1855, on any 
 
 public highway, use any dog for the purpose of drawing or helping 
 to draw any cart, carriage, truck or barrow. 
 
 [As to the Metropolis, see 2 Sf 3 Vict. c. 47, s. 56, and 2 Sf 3 Fid. 
 c. 9i [local, city), s. 39.] 
 
 4. Damaging Animal, Person or Property.] Any person cruelly beating, 
 
 ill-treating, over-driving, abusing or torturing any animal, doing 
 any damage or injury to such animal — or thereby causing any 
 damage or injury to be done to any person —or to any property, 
 
 9 & 10 Vict, 
 i;. 95, o. 114. 
 
 •12 & 13 Vict 
 c. 92, s. 2 
 {.Note 77). 
 
 »17 & 18 Vict 
 c. 60, s. 2. 
 
 •12 & 13 Vict 
 t. 92, s. 4. 
 
 75 Apprehension without Warrant.] The offender may be taken into custody without 
 warrant and brought before the court or a justice (s. 114). 
 
 76 Meaning of "Animal" and "Over-drive."] The word "animal" shall be taken to 
 mean any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, 
 hog, pig, sow, goat, dog, cat, or any other domestic animal ; and the word "over-drive" 
 shall also signify over-ride (s. 29). By 17 & 18 Vict c. 60, s. 3, it is enacted, that the 
 word " animal" shall, in the 12 & 13 Vict. c. 92, and that act, mean " any domestic animal, 
 whether of the kind or species particularly enumerated in clause 29 of the said act, or of 
 any other kind or species whatever, and whether a quadruped or not" 
 
 77 Summons, Convjction, Witnesses.] This statute gives a miserable form of conviction 
 in s. 23, and must be used instead of the better one provided by Jervis's Act, as enacted 
 by the 17th section, p. 147 (Oke's " Formulist," 2nd ed., p. 104). The service of the 
 summons is the same as ante, p. 112 (s. 15); and a warrant may be granted without a 
 summons (s. 16). Sect. 17 authorizes the summoning of witnesses, and on their refusing 
 
 Digitized by Microsoft® 
 
CHAP. H.J COUNTY COURTS-CRUELTY TO ANIMALS. 277 
 
 Time of laying 
 
 Informailon, 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Penalty, &c. 
 
 ana 
 
 Mode of eoforclDg:. 
 
 If Ap. 
 
 peal, and 
 
 Time, 
 
 ic. 
 
 Penalty, &c. 
 to wnoni 
 payable. 
 
 Page, &c. 
 
 of 
 Formiilist. 
 
 U 
 
 Within 
 
 One 
 
 Not exc. 1^5 (s. 114);— levied by 
 
 No. 
 
 Clerk of the 
 
 Nos. 1, 2, 
 
 3 cal. m. 
 
 where 
 
 distress (s. 130) ; but defendant 
 
 
 court, and 
 
 p. 104. 
 
 
 (s. 138, 
 
 offender 
 
 not to be detained more than 8 
 
 
 applied in 
 aid of the 
 
 
 Note 75). 
 
 resides 
 
 days for return of distress warrant 
 
 
 
 
 
 or is, or 
 
 (s. 131); — in defaultof distress or 
 
 
 general 
 
 
 
 
 where 
 
 • on confession of no goods, impr. 
 
 
 fund there- 
 
 
 
 
 offence 
 
 for not exc. 3 cal. months, unless 
 
 
 of (s. 133). 
 
 
 
 
 commit- 
 
 sooner paid (s. 132). 
 
 
 
 
 
 
 ted (ss. 
 
 
 
 
 
 
 
 114, 
 
 
 
 
 
 
 
 130). 
 
 
 
 
 
 n 
 
 2/ 
 
 Within 
 
 One 
 
 Not exc. £5 (s. 2); — in default, 
 
 Yes 
 
 One moiety 
 
 No. 2, 
 
 1 cal. m. 
 
 (s. 14), 
 
 impr. with or without h. 1. for not 
 
 (s. 25, 
 
 to overs, for 
 
 p. 105. 
 
 
 (s. 14, 
 
 or two 
 
 exceeding 2 calendar months un- 
 
 Note 
 
 poor rate ; 
 
 
 
 Note 78). 
 
 (s. 18). 
 
 less sooner paid (s. 18).- Or, if 
 before two justices, impr. with or 
 without h. 1. for not exc. 3 cal. m. 
 instead (s. 18). 
 
 79), 
 
 the other 
 moiety to 
 
 inf or such 
 person as 
 justices 
 deem fit 
 
 (see s. 21). 
 
 
 3 
 
 Id. 
 
 Id. 
 
 \st Offence. Not exceeding 40^. ; 
 2nd and subsequent Offences. Not 
 
 exc. £5 ; — 
 In default, impr. &c. as Offences 
 
 1, ?. 
 
 Id. 
 
 Id. 
 
 No. 3, 
 p. 105. 
 
 4 
 
 Id. 
 
 Id. 
 
 Not exc. £10 by way of compensa- 
 tion (s. 4) ; — in default, impr. &c. 
 as Offences 1, 2. 
 
 [Mem. This punishment is not to 
 affect the punishment the offender 
 may he liable to for the beating, ^c. 
 of the animal, as Offences 1, 2, nor 
 to prevent any proceeding by action 
 (see s. 4).] 
 
 Id. 
 
 To the 
 
 owner of 
 
 animal (if 
 
 offender not 
 
 owner), or 
 
 to the 
 
 person 
 sustaining 
 
 injury 
 (ss. 4, 21). 
 
 No. 5, 
 p. 105. 
 
 to give evidence to commit them for not exceeding 21 days. See 11 & 12 Vict. c. 43, s. 7, 
 ante, p. 122. 
 
 78 Apprehension of Offenders and Detention of Vehicles, Sfc."] Section 13 authorizes the 
 apprehension of offenders, without warrant, by any nonstable, either upon his own view of 
 the offence, or upon the complaint or information of any other person who shall declare 
 his name and place of abode to the constable : — and he shall then be taken before a justice, 
 who shall examine.the witnesses, &c. ; — and by section 19 vehicles or animals witl^ offenders 
 may be detained and deposited for safe custody as a security for payment of penalty to 
 which the offender or the owner may become liable, and justice may order same to b? sold. 
 
 79 Appeal-I By 12 & 13 Vict c. 92, s. 25,— "in all cases where the sum adjudged to 
 be paid shall exceed £2, — and in all cases where imprisonment shall be adj\idged,— any 
 person who shall think himself aggrieved by any such conviction may appeal to the next 
 court of general or quarter sessions, which shall be holden not less than 14 days after the 
 day of such conviction for the county, borough, or other jurisdiction wherein the cause of 
 
 Digitized by Microsoft® 
 
278 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 CRUELTY TO ANIMALS— contmacd. 
 
 5. Keeping Cockpit, Sfc.'] Every person keeping — or using,-^or acting 
 
 in the management of, — any place for the purpose of fighting or 
 
 baiting any bull, bear, badger, dog, cock, or other kind of animal, 
 
 whether of domestic or wild nature, 
 
 or 
 
 6. Permitting or suffering any place to be so used. 
 
 [Mem. Every person receiving numey for admission is to be deemed 
 the keeper. As to the Metropolis, see 2 Sf 3 Vict. c. 47, *• 47, and 
 2^3 Vict. V. 94 {local, city), ^. 29.] 
 
 7. In any manner encouraging, aiding or assisting at the fighting or 
 
 baiting of any bull, &c. as aforesaid. 
 
 8. Not feeding Cattle impounded.'] Any person impounding or confining, 
 
 — or causing to be impounded or confined, — in any pound or 
 receptacle of the like nature, any animal, — refusing or neglecting 
 to provide and supply such animal with a sufficient quantity of 
 wholesome food and water. 
 
 9. Person providing food and water to animal impounded, if the animal 
 
 be without for more than twelve successive hours. 
 
 10. Improperly conveying Animals.'] Any person conveying or carrying, 
 
 or causing to be conveyed or carried, — in or upon any vehicle any 
 animal in such a manner or position as to subject such animal to 
 unnecessary pain or suffering. 
 
 11. Obstructing Constable or Keeper of a Pound.] Any person at any time 
 
 or in any manner unlawfully obstructing, hindering, molesting or 
 assaulting any constable or keeper of a pound while in the exer- 
 cise of any power or authority under or by virtue of this act. 
 
 12. Proprietor or owner of stage carriage, cart, &c. failing to produce his 
 
 driver, without any satisfactory excuse (see Note SO)- 
 
 [/fs to Slaughtering Horses, Sfc, see " Horse Slaughtering," jiPi*.] 
 
 • 12 & 13 Vict, 
 c. 92, s. 3 
 
 ^{Notfll). 
 
 Id. 
 
 Id. s. 5. 
 
 Id. s. 6. 
 
 Id. s. 12. 
 
 Id. s. 20. 
 
 Id. s. 22. 
 
 appeal shall have arisen ; — provided that such person shall give to the complainant a 
 notice in writing of such appeal, and of the cause and matter thereof, within 3 days after 
 such conviction, and 7 clear days at the least before such sessions, and shall also either 
 remain in custody until the sessions, or enter into a recognizance, with two sufficient 
 sureties, before a justice of the peace conditioned personally to appear at the said sessions, 
 and to try such appeal, and to abide the judgment of the court thereon, and to pay such 
 costs as shall be by the court awarded ,• — and upon such notice being given, and such re- 
 cognizance being entered into, the justice before whom the same shall be entered into shall 
 liberate such person, if in custody, — and tl^e court at such sessions shall hear and determine 
 the matter of the appeal, and shall mal^e suph order therein as to the court sh^U seem 
 Ineet, and in case of the dismissal or non-prosecution of the appeal, or the affirmance of 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 CRUELTY TO ANIMALS. 
 
 279 
 
 Time of laying 
 Information. 
 
 Within 
 1 cal. m. 
 
 (s. 14, 
 Note 78). 
 
 7 Id. 
 
 8 Id. 
 
 9 Id. 
 
 Number 
 and what 
 Justtres to 
 convict. 
 
 10 Id. 
 
 11 Id. 
 
 12 Id. 
 
 One 
 
 (s. 14), 
 or two 
 (s. 18). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penally, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Not exc. £5 for every day on which 
 offender shall so keep, &c. such 
 place (s. 3) ; — in default of pay- 
 ment, impr. &c. as in Offences 1, 
 2, supra. 
 
 Not exceeding £5 (s. 3) ;— impri 
 sonment as in Offences 1, 2, supra. 
 
 20«. (s. 5) ; — in default, imprison- 
 ment, &c. as Offences 1, 2, supra. 
 
 Owner of animal to pay double the 
 value of the food and water sup 
 plied, to be recovered as a. pe 
 nalty, — or after seven days from 
 impounding, animal may be sold 
 at public market (giving 3 days 
 public printed notice), and the 
 produce applied to discharge ex- 
 penses (17 & 18 Vict. c. 60, s. 1). 
 
 \st Offence. Not exceeding £3. 
 2nd and every subsequent Offence, £5 
 
 (s. 12). 
 In default of payment, impr. &c. as 
 
 Offences 1, 2, supra. 
 
 Not exceeding £5 (s. 20); — in de- 
 fault of payment, imprisonment, 
 &C. as Offences 1, 2, supra. 
 
 40s., and so from time to time as 
 often as summoned, until he pro- 
 duce the said driver (s. 22) ;. — in 
 default of payment, imprison- 
 ment, &c. as Offences 1, 2, supra. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Yes 
 (s. 25, 
 Note 
 
 79). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c 
 to wliom 
 payable. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Same as 
 
 Offences 
 
 1,2, ante, 
 
 p. 277. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 the conviction, shall order and adjudge the offender to be punished according to the con- 
 viction, and to pay such costs as shall be thereby awarded, and also the costs of such 
 appeal, or incident thereto, or occasioned thereby, and shall, if necessary, issue process for 
 enforcing such judgment: — provided always, that it shall be lawful for the said court to 
 adjourn the hearing of any such appeal to any succeeding sessions, if such court shall 
 think fit ; — and such court, in the event of such postponement, may make any order for 
 the payment of costs by either party to the other as to such court shall seem reasonable." 
 See the case of Reg. v. Justices of Warwickshire, decided on this clause, Note 7) «"'«> 
 p. 192. 
 
 80 Proprietors summoned to produce their Drivers.'] By sect. 22,— "when any complaint 
 shall be made before any justice of the peace against the driver or conductor of any hack- 
 
 Digitized by Microsoft® 
 
280 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 DEAD BODIES. 
 
 1. Any person finding a dead body cast on shore from the sea, by wreck 
 Or otherwise, not giving notice within 6 hours thereof to one of the 
 churchwardens or overseers of the parish where found, — or (if 
 found in an extra-parochial placej to the constable or headborough, 
 or causing such notice to be left at last place of abode. 
 
 2. Churchwarden or overseer, or constable, &c., refusing, 
 
 or 
 
 3. Neglecting, 
 
 on receiving notice, to have- such body removed to some conve- 
 nient place prior to interment, for 12 hours after notice, 
 or 
 
 4. Not having with convenient speed the body interred in the parish 
 
 churchyard. 
 
 DISSENTERS. 
 
 1. Permitting Meeting in a Place not certified.'] — Every person knowingly 
 permitting or suffering any congregation or assembly for religious 
 worship of Protestants [or Roman Catholics, 2 & 3 Will. 4, c. 115, 
 or Jews, 9 & 10 Vict. c. 59, or any other body or denomination] 
 (where more than 20 persons besides the inmates of the house, 
 &c. shall be present) to meet in any place occupied by him, until 
 the same shall be certified and registered (see s. 2) [since 30th 
 June, 1852, with the Registrar General of Births, Deaths and 
 Marriages, pursuant to 15 & 16 Vict. c. 36, and after 30th July, 
 1856, pursuant to 18 & 19 Vict. c. 81, with the same ofiicial.] 
 Note 82. 
 
 48 Geo. 3, c, 75, 
 
 ss. 3, 4.- 
 
 Id. s. 7. 
 
 52 Geo. 3, c. 155, 
 s. 2. 
 
 ney carriage, —or the driver or conductor of any stage carriage, — or the driver of any cart, 
 waggon, van or other vehicle, — for any offence committed by him against the provisions 
 of this act, it shall be lawful for such justice, if he shall think proper, forthwith to summon 
 the proprietor of such hackney or stage carriage, or the owner of such cart, waggon, van or 
 other vehicle, to produce before him the driver, conductor or other servant by whom such 
 offence was committed, to answer such complaint ; — and in case such proprietor or owner, 
 after being duly sumtnoned, shall fail to produce the driver, conductor or servant, it shall 
 be lawful for the justice of the peace before whom such driver, conductor or servant shall 
 he required to be produced, if he shall think fit, to proceed, in the absence of such driver, 
 conductor or servant, to hear and determine the case in the same manner as if he had been 
 produced, and to adjudge payment, by the proprietor or owner, of any penalty or sum of 
 money and costs in which the driver, conductor or servant shall be convicted ; — and any 
 sum of money which shall be so paid by the proprietor or owner shall and may be reco- 
 vered in a summary way from the driver, conductor or servant through whose default such 
 sum shall have been paid, upon proof of payment thereof, and of such servant's refusing 
 or neglecting to be produced pursuant to the order of the justice, in the same manner as 
 penalties are to be recovered under the provisions of this act." Then follows the proviso 
 imposing the penalty on Offence 12. Vide forms in Oke's " Formulist," 2nd ed., p. 106, 
 Summons to Proprietor to produce Driver ; Complaint of Proprietor, who has paid the 
 Penalty, against Driver, and Order. 
 
 81 Appeal.'] To the first general or quarter sessions, after a month, giving ten days', 
 notice of appeal and of the matter thereof to the persons appealed against, and forthwith 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 DEAD BODIES-DISSENTERS, 
 
 281 
 
 Time^f laying 
 
 lorormatJoD. 
 
 ice 
 
 1 Within 
 6 cal. months 
 (11 & 12 Vict, 
 c. 43, s. 11). 
 
 Id. 
 
 1 Within 
 6 months 
 (s.17). 
 
 Number 
 and Mihat 
 Justices to 
 convict. 
 
 One 
 (s. 9). 
 
 Id. 
 
 Two or 
 more 
 (s. 15). 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 £5 (s. 4) ; — levied by distress ; — if 
 insufficient, impr. for not more 
 than 2 cal. m. nor less than 14 
 days, unless the same and reason- 
 able charges attending the reco- 
 very thereof be sooner paid (s. 8). 
 
 £5_ (s. 4) ;- levied by distress ;— if 
 insufScient, imprisonment for not 
 more than 2 cal. m. nor less than 
 14 days, unless the same and 
 reasonable charges attending the 
 recovery thereof be sooner paid 
 (s. 8). 
 
 [Vide/orm of order for reimbursing 
 overseers the expenses of interring 
 dead body, Oke's " FormuHst," 
 2nded. No. S, p. lOS.} 
 
 Not exceeding £20 nor less than 
 20s. for every time congregation 
 shall meet (s. 2); — levied by dis- 
 tress i — if insufficient, impr. for 
 not exc. 3 months (s. 15). 
 
 If Ap. 
 
 pealt and 
 
 Time, 
 
 Sic. 
 
 Yes 
 
 (s. 10, 
 
 Note 
 
 81). 
 
 Id. 
 
 (s. 16, 
 Note 
 
 83). 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Informer 
 (s. 8). 
 
 Id. 
 
 One moiety 
 to informer, 
 
 and the 
 other 
 
 moiety to 
 poor of pa- 
 rish (s. 15). 
 
 Page, Sic, 
 
 of 
 Formullst. 
 
 No. 1, 
 p. 107. 
 
 No. 2, 
 p. 108. 
 
 No. I, 
 p. 108; 
 and see 
 ^Addenda 
 et errata^* 
 to "For- 
 mulist." 
 
 after such notice entering into a recognizance before some justice of the county, &c., with 
 sufficient sureties, to try appeal, &c. 
 
 82 Enactment.^ The 18 & 19 Vict. c. 86, s. 1, which received the royal assent 15 days 
 after the 18 & 19 Vict. c. 81, recites the 15 & 16 Vict- c. 36, which the latter act repealed, 
 and extends to members of the Established Church the same liberty as dissenters have 
 long practically enjoyed, by permitting the meeting of more than twenty persons for pur- 
 poses of religious worship in private dwelling-houses, or in places not usually appropriated 
 to such objects, or anywhere under the superintendence of the clergy of the parish. By 
 sect. 2 of the same acts 2 & 3 Will. 4, c. 115, 9 & 10 Vict. c. 59, as to Roman Catholics and 
 .lews, are to be read as applicable to the Jaws to which Protestant Dissenters in England 
 are subject for the time being after the passing of it. 
 
 83 jippeal.^ By 52 Geo. 3, c. 155, s. 16, — " in case any person or persons who shall 
 hereafter be convicted of any of the offences punishable by this act shall conceive him, 
 her or themselves to be aggrieved by such conviction, then and in every such case it shall 
 and may be lawful for such person or persons respectively, and he, she or they shall or may 
 appeal to the general or quarter sessions of the peace holden next after such conviction in 
 and for the county, riding, city or place, giving unto the justices before whom such conviction 
 shall be made notice in writing, within eight days after any such conviction, of his, her or 
 their intention to prefer sucTi appeal ; — and the said justices in their said general or 
 quarter sessions shall or may, and they are hereby authorized and empowered, to proceed 
 to the hearing and determination of the matter of such appeal, and to make such order 
 therein, and to award such costs to be paid by and to either party, not exceeding iOs., as 
 they in their discretion shall think fit." 
 
 Digitized by Microsoft® 
 
282 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 DISSENTERS— coMirnacif. 
 
 2. Preaching without Consent of Occupier.'] Teaching or preaching in 
 any congregation or assembly as aforesaid ( Offence 1), in any place 
 without the consent of the occupier thereof. 
 
 3. Preaching before required Oaths taken.'] Refusing to attend to take 
 
 required oaths and make declarations, or to take and make same 
 and afterwards teaching or preaching in any such congregation 
 before taking same. 
 
 4. Preaching in registered Building with Doors holtedf S^c.] The person 
 
 teaching or preaching at any such meeting with the door bolted 
 or barred-, or otherwise fastened, so as to prevent any person en- 
 tering therein during the time of any such meeting. 
 
 [Mem. Disturbing dissenting congregations is an Indictable Offence, 
 vide Chap. II. of Part II. tit. " Church or Meeting House."] 
 
 DISTRESS. 
 
 1. Any tenant, lessee for life or years, at will, suiFerance or otherwise, 
 
 fraudulently or clandestinely conveying away or carrying off or 
 from premises his goods and chattels to prevent landlord distrain- 
 ing for rent due (where the value of goods removed or concealed 
 does not exceed £50), 
 or 
 
 2. Any person wilfully and knowingly aiding and assisting. 
 
 Statate. 
 
 
 52 Geo. 3, c. 
 
 155, 
 
 ». 3. 
 
 
 Id. s. 5. 
 
 
 Id.s. 11 
 
 
 11 Geo. 2, c 
 
 19, 
 
 ss. 1, 4. 
 
 
 84 Who to lay or receive Information — Boroitgh Justices* Jurisdiction in cases of Fraudulent 
 Removals.] The information must be laid by the landlord, his bailiff or agent (s. 4), before 
 a justice residing near the place from which the goods were removed, or where they were 
 found, and who is not interested. Borough justices formerly had no jurisdiction under this 
 statute, as the statute uses the words justices of a " county, riding or division" only, and the 
 party was left without any remedy, unless the goods were found in a county, in which case 
 the county justices had jurisdiction. The case does not seem to be assisted by s. 9 of 13 & 14 
 Vict. c. 91, which enacts, that " the justices of every city or borough shall have the same 
 jurisdiction with respect to all offences committed and matters arising within such city or 
 borough as the justices of the county in which such city or borough is situate now have 
 under or by virtue of any local or general act of parliament ; and such offences and matters 
 shall be cognizable by one or more of the justices of such city or borough in the same 
 manner as such offences and matters are now cognizable by one or more of the justices of 
 such county ;" and therefore it is alleged by some that borough justices can hear and 
 determine cases of fraudulent removal. This is extremely doubtful, for the section cited 
 appears to be confined to those matters arising within boroughs over which, in consequence 
 of the provisions of some local or general act, borough justices had formerly no jurisdiction, 
 although the county justices had ; for the offence in a borough was never cognizable by 
 the county justices, and therefore the hearing and determination of such a case by borough 
 justices would be without jurisdiction (see 16 J. P. 251 ) ; but Mr. Stone, in the 6th edition 
 of his Manual, says (pp. 89, 303 ), that he represented the difficulty to the secretary of state 
 in February, 1855, for the guidance of the Leicester bench of magistrates, who stated in 
 reply "that there is no doubt as to the jurisdiction of borough justices under the II Geo. 2, 
 c. 19." The rent must be due when the offence is committed ( Watson v. Main, 5 Esp. 15 ! 
 Rand v. Vaughan, 1 Bing. N. S. 767 ; Northfield v. Nightingale, I C. & M. 230 n). One of 
 
 Digitized by Microsoft® 
 
CHAP. II.J 
 
 DISSENTERS-DISTRESS. 
 
 283 
 
 Time of laying 
 
 InforniatiOQj 
 
 ic. 
 
 Number 
 and what 
 Jlifilicea to 
 convict. 
 
 PeiwUy, &c. 
 
 and 
 
 Mode of enforcing. 
 
 if Ap- 
 peal, and 
 Time, 
 
 &CC. 
 
 Penalty, 4c. 
 to whom 
 payable. 
 
 Plge, &c. 
 
 of 
 FormulJBt. 
 
 2 Within 
 
 Two or 
 
 Not exc. £30 nor less than 40s. 
 
 Yes 
 
 One moiety 
 
 No. 2, 
 
 6 months 
 
 more 
 
 (s. 3) i — recovered as Offence 1. 
 
 (s. 16, 
 
 to inf. and 
 
 p. 109. 
 
 (s. 17). 
 
 (s. 15). 
 
 
 Note 
 
 the other 
 
 
 
 
 83). 
 
 moiety to 
 poor of pa- 
 rish (s. 15). 
 
 
 3 Id. 
 
 Id. 
 
 Not exc. agio nor less than 10s. for 
 every time he shall so preach or 
 teach (s. 6) ; — ^recovered as Of- 
 fence 1. 
 
 Id. 
 
 Id. 
 
 No. 3, 
 p. 109. 
 
 4 Id. 
 
 Id. 
 
 Not exc. £20 nor less than 40s. for 
 every time (s. 11} j— recovered as 
 Offence I. 
 
 Id. 
 
 Id. 
 
 No. 4, 
 p. 109. 
 
 I I In writing 
 
 Two of 
 
 By order to adjudge offender or 
 
 Yes 
 
 Double 
 
 Nos. 1, 2, 
 
 2 i (s. 4), and 
 
 the 
 
 . offenders to pay double the value 
 
 (Note 
 
 value to 
 
 pp. 109, 
 
 within 
 
 county, 
 
 of goods removed {Note 85) ; — 
 
 86). 
 
 landlord 
 
 110; 
 
 6cal. m.(ll 
 
 riding or 
 
 in default of payment, levied hy 
 
 
 (s. 4). 
 
 Order, 
 
 & 12 Vict. 
 
 division 
 
 distress ; — or for want of distress. 
 
 
 
 No. 3, 
 
 c. 43, s. 11, 
 
 (s. 4, 
 
 impr. with h. 1. for 6 months, un- 
 
 
 
 p. 110 
 
 Note 84)- 
 
 Note 
 
 84). 
 
 less sooner paid (s. 4). 
 
 
 
 {Note 
 
 85). 
 
 the ingredients in the proof of fraud is, that no sufficient distress was left on the premises 
 to satisfy the rent {Parry v. Duncan, 7 Bing. 243 ; 1 M. & M. 533). In the metropolis 
 police constables may stop and detain carts, &c. employed in removing furniture between 
 eight in the evening and six the following morning, or whenever the constable has good 
 grounds for believing the removal is made for the purpose of evading the payment of rent 
 (2 & 3 Vict. c. 47, s. 67 ; 2 & 3 Vict. c. 94 (local, city), s. 47. 
 
 85 Several Offence : Order, what it must show, Sjc.^ The offence of removing hy the 
 tenant, and that of assisting him in the removal, are separate and distinct {R. v. Bissex, 1 
 Burn's Jus. 27th edit., p. 1129 n.; 2 Id. 29th edit, p. 287); and therefore, according to 11 
 & 12 Vict. c. 43, s. 10, ante, p. 109, separate complaints must be laid against the tenant or 
 tenants and the person assisting, each being liable to pay the double value. The order for 
 payment of double value, or the commitment thereon, must show that the complaint was 
 made in writing {Ex parte Fuller, 8 J. P. 439 ; 13 L. J. (N. S.) M. C. 141) ; but it is 
 unnecessary to enumerate or specify in them the particular goods and chattels removed, 
 although their value must be stated {Rex v. Rabbits, 6 D. & Ry. 341). 
 
 86 Appeal.l By 11 Geo. 2, c. 19, s. 5, — " it shall and may be lawful for any person 
 who thinks himself aggrieved by such order of the said two justices to appeal to the justices 
 of the peace at their next general or quarter sessions, to be held for the same county, 
 riding or division of such county, who may and shall hear and determine such appeal, and 
 give such costs to either party as they shall think reasonable, whose determination therein 
 shall be final." By s. 6, — "where the party appealing shall enter into a recognizance with 
 one or two sufficient surety or sureties in double the sum so ordered to be paid, with con- 
 dition to appear at such general or quarter sessions, the order of the said two justices shall 
 not be executed against him in the meantime." 
 
 Digitized by Microsoft® 
 
284 
 
 Summary Convictions. 
 
 [part r. 
 
 Offences within the 11 & 12 Vict, c. 43. 
 
 DISTRESS— con«»!(erf. 
 
 3. Any person levying, taking or receiving, 
 
 or 
 
 4. Retaining or taking from the produce of goods sold for the paymen 
 
 of rent, taxes, rates, &c. (under s620) — any other or greater costs 
 and charges than are mentioned in the schedule to this act (s. 1 ), 
 or 
 
 5. Making any charge whatsoever for any matter mentioned in the said 
 
 schedule and not really done. 
 
 [Mem. No order is to he made against the landlord for whom the diS' 
 tress was made, unless he personally levied it (s. 2). For charges 
 referred to, see Chap. II. of Part III, post, title " Distress." In 
 the metropolis a magistrate may deal summarily with cases of op. 
 pressive distresses : see 2 S[ 3 Vict. c.l^jS. 39.] 
 
 DOGS. 
 
 1. Stealing. Any person stealing any dog. 
 
 [Mem. The 5th section, which authorizes the issue of a search warrant 
 and the apprehension of persons found committing offences, does not 
 authorize the issue of a search warrant for the skin of a stolen dog ; 
 consequently, as the finding of the skin by virtue of a search warrant 
 is the offence enacted by the Srd section, no person can be apprehended 
 or convicted of having the skin of a stolen dog in his possession. The 
 6th section appears inconsistent in other respects : — it authorizes one 
 justice to deal with the case of a person brought before him for having 
 possession of a stolen dog, or found committing an offence, while the 
 2nd and Srd sections empower " two or more justices" to convict. 
 Vide form of Complaint for Search Warrant, and Search Warrant, 
 Nos. 2 and 3, p. Ill, of Oke's " Formulist," 2nd erf.] 
 
 2. Having stolen Dogs, Sfc."] Any person in whose possesion or on whose 
 
 premises 
 any dog 
 
 or 
 
 3. The skin thereof, 
 
 found by virtue of search warrant, knowing that the dog was 
 stolen, or that the skin was the skin of a stolen dog. Ifide Mem. 
 to Offence 1.] 
 
 DRUNKENNESS. 
 Any person heing drunk. 
 
 [Mem. The conviction may be on the view of a Justice. Vide Nbte 88: 
 infra, as to costs and period of imprisonment. For a third offence 
 the offender might be punished as upon a second conviction, for the 
 punishment does not operate to purge the two previous offences. In 
 the Metropolis, persons who are drunk in a street or thoroughfare, 
 and also guilty of riotous or indecent behaviour, are liable to a 
 larger penalty than 5s., or imprisonment for seven days without 
 fine. See 2 Sf 3 not. c. 47, s. 58, and 2 S; 3 Vict, c, 94 (local, 
 City), s, 37.] 
 
 57 Geo. .3, c. 9S 
 s. 2 (Note 87). 
 
 8 & 9 Vict 
 c. 47, =. 2. 
 
 Id. s. 3. 
 
 21 Jac. I, c. 7, 
 ss. 1, 3. 
 
 87 Witnesses.'] Witnesses not appearing, or refusing to be examined, to forfeit not 
 exceeding 40j. (s. 3). See 11 & 12 Vict. o. 43, s. 7, ante, p. 122. 
 
 Digitized by Microsoft® 
 
CHAP. II.] DISTRESS— DOGS-DRUNKENNESS. 
 
 285 
 
 Time of laylDg 
 
 Information, 
 
 Sec. 
 
 3 ) Within 
 
 si 6 cal. m. 
 
 (11 & 12 Vict, 
 
 u. 43, s. 11), 
 
 by party 
 
 aggrieved. 
 
 Number 
 and wliat 
 Jiisclces to 
 convict. 
 
 One. 
 
 1 Within 
 6 cal. m. 
 (11 & 12 Vict, 
 1^.43, s. 11). 
 
 Penalty, &c. 
 
 - ajid 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Justices to order treble amount of 
 monies unlawfully taken to be 
 paid with costs;— levied by dis- 
 tress ; — if insufficient, impr. until 
 order satisfied (s. 2). 
 
 If complaint not well founded, to 
 order complainant to pay costs 
 not exceeding 20s. (s. 2). See 
 ante, p. 132, how costs recovered. 
 
 Two 
 or more 
 (ss.2,3). 
 
 Id. 
 
 Id. 
 
 Within 6 
 
 cal. months 
 
 (11 & 12 Vict. 
 
 c. 43, s. 11). 
 
 One. 
 
 Is* Offence. Atdiscretion of justices, 
 either impr. with or without h. 1. 
 for not exc. 6 cal. m. ; — or forfeit 
 over and above value of dog not 
 exc. £20 (s. 2). In default of 
 payment impr. with or without 
 h. 1. for not exc. 2 cal. m. where 
 penalty or value, or both, with 
 costs, not exc. £5; — for not exc. 4 
 cal. m. where same not exc. £10 ; 
 — and for not exc. 6 cal. ra. in 
 any other case, unless sooner paid 
 (s. 8). 
 
 2nd Offence. Indict, misd. (s. 2). 
 
 1st Offence. Penalty not exceeding 
 £20 (s. 3). In default of pay 
 ment, imprisonment as scale in 
 Offence 1. 
 
 2nd Offence. Indictable misdemea- 
 nor (s. 3). 
 
 1st Offence. 5*. to be paid within one 
 week {Note 88);— levied by dis- 
 tress ; — or if not able to pay , com- 
 mitment to the stocks (of the 
 parish where offence committed, 
 and not to gaol) for 6 hours. 
 
 2nd Conviction. Bound in recog- 
 nizance with 2 sureties in £10 to 
 be thenceforth of good behaviour; 
 — in default, committal for a de- 
 finite period adjudged [Note 89, 
 yost, p. 287). 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Treble 
 amount to 
 complain- 
 ant (s. 2); 
 
 Page, Sec. 
 
 of 
 FormuliBt. 
 
 No. 5, 
 p. 110; 
 Order, 
 No. 7, 
 p. 111. 
 
 Treasurer of 
 county, &c. 
 not being 
 applied by 
 the act (see 
 an<e,p.l90.) 
 
 Id. 
 
 Church- 
 warden, for 
 use of poor 
 (see aniCi 
 
 p. 189). 
 
 No. 1, 
 p. 111. 
 
 No. 4, 
 p. 111. 
 
 The 
 
 various 
 
 adapted 
 
 forms, 
 
 Nos. 
 
 1—5, 
 
 p. 112. 
 
 Id. 
 
 Nos. 
 
 6-10, 
 
 pp. 
 
 112, 113. 
 
 88 Observations on Recover,, of Costs.-] A week must elapse between the conviction and 
 the issue of the distress warrant; neither can the defendant be committed to the stocks 
 
 Digitized by Microsoft® 
 
286 
 
 Summary Convictions, 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 FIREWORKS. 
 
 1, Any person making, giving, selling, or offering to sale, 
 
 any squibs, rockets, serpents, or other fireworks, — or any cases, 
 
 moulds, or other implements for making same, 
 
 2. Permitting same to be thrown from his house into a public street, high- 
 
 way, road or passage, or any other house or place. 
 
 3. Casting or throwing same into a public street, house, shop, river, high- 
 
 way, road or passage. 
 
 [Mem. The conviction must be by confession, or on the oath of two 
 witnesses. As to throwing them near a highway or turnpike road, 
 see Offence 60, tit. " Highways," and Offence 75, tit. " Turnpike 
 'Roads," post.] 
 
 FISHERIES. 
 
 1. Salmon Fisheries, talcing, S;c., Spawn, ^c] Any person, upon any pre- 
 
 tence whatsoever, at any time after the days fixed by Justices in 
 quarter sessions to be fence days, taking, 
 
 2. Killing, 
 
 or 
 
 3. Destroying, 
 
 any spawn, fry or brood of fish, or any unsizeable fish, or any 
 kepper or sheddcr salmon being unseasonable salmon, com- 
 monly called old salmon, or any salmon caught in any river, 
 [and the tributary streams thereof, 11 & 12 Vict. c. 52, ». I,] 
 during the period when fishing for salmon is prohibited, 
 or 
 
 4. Having same in possession either on the water or on the shore, or 
 
 bringing same to shore, 
 or 
 
 5. Crying or carrying about, selling or offering or exposing same to or 
 
 for sale, 
 
 or 
 
 6. Exchanging same for any goods, &c. 
 
 9 & 10 Will. S, 
 t. 7, B. 2. 
 
 Id. 
 Id. s. 3. 
 
 6&7Victc.33, 
 S. 7 {Note 90). 
 
 forthwith if he confesses he has no goods (11 J. P. 360). Costs can now be recovered by 
 distress with the penalty under 11 & 12 Vict. c. 43, ss. 18, 19, and in default of disoress, 
 the offender must be committed for 6 hours to the stocks (and there is no ultimate punish- 
 ment, in case of there being no stocks in the parish), and which cannot be sooner termi- 
 nated by payment of penalty or costs, as in ordinary cases (see Reg. v. Barton, 18 L. J. 
 (N. S.) M. C. 56 i 1 Magistrate, 97 ; 13 J. P. 120 ; decided upon a recent conviction 
 under 29 Car. 2, c. 7, s. 1, in which it was so held. See tit. " Sunday," post, Note 258). 
 Mr. tVelsby, however, has given an opinion (see 20 J. P. 671), althougli agreeing that 
 there can be no committal to prison for the penalty, " that the justices haVe power, under 
 II & 12 Vict. c. 43, s. 22, to commit defendants for nonpayment of the costs ordered to 
 be paid under 21 Jac. 1, c. 7, for drunkenness, in the event of there being no sufiicient 
 distress by which the amount can be recovered." That section is set out, ante, p. 179, 
 and authorizes justices to commit for not exceeding 3 calendar months in default of 
 digress for penalties on convictions, or other sums on orders, and applies where the statute 
 provides no remedy in default of distress, which is not the case in this instance, as the 
 remedy is the commitment to the stocks. Mr. Welsby's reasons for his opinion are not 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 FIREWORKS-FISHERIES. 
 
 287 
 
 Time of laying 
 
 iuforinatioD, 
 
 Sic. 
 
 Number 
 and what 
 Juhdceeto 
 convict. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap. 
 
 peal, and 
 
 Time, 
 
 &c. 
 
 Penalty, ice. 
 to wliom 
 payable. 
 
 Page, 4c. 
 
 of 
 FormuUst. 
 
 1 Within 6 
 
 One 
 
 Forfeit £5,— levied by distress (s. 
 
 No. 
 
 Half to poor 
 
 No. 1, 
 
 cal. m. 
 
 or more. 
 
 2),— impr. in default for not exc. 
 
 
 and half to 
 
 p. 114. 
 
 (11 & 12 Vict. 
 
 
 3 cal. m. unless sooner paid, un- 
 
 
 prosecutor 
 
 c. 43, s. 11). 
 
 
 der 11 & 12 Vict. c. 43, s. 22, 
 
 
 (s. 2). 
 
 
 
 
 ante, p. 179. 
 
 
 
 2 Id. 
 
 Id. 
 
 20*. (s. 2) ;— recovered as Offence 1. 
 
 No. 
 
 Id. 
 
 No. 2, 
 p. 114. 
 
 8 Id. 
 
 Id. 
 
 20s. i — in default of payment, impri- 
 sonment with hard labour for not 
 
 No. 
 
 Id. 
 
 No. 4, 
 p. 114. 
 
 
 
 exceeding 1 month, unless sooner 
 
 
 
 
 
 paid (s. 3). 
 
 
 
 
 1 ? Within 
 6 S 6 cal. m. 
 
 One 
 
 Forfeit all spawn, &c. seized, bas- 
 
 Yes. 
 
 Spawn, &c. 
 
 
 or more 
 
 kets, &c. and penalty not exc. 
 
 (Note 
 
 to pros. 
 
 
 (11 & 12 Vict 
 
 {Note 
 
 £10 nor less than £5 (6 & 7 Vict. 
 
 91, 
 
 (s. 7.) Half 
 
 
 i:.43,S.ll). 
 
 90, 
 
 c. 33, s. 7) — levied by distress ; 
 
 post. 
 
 pen. to inf. 
 
 
 
 post, 
 
 — or if no distress, or the penalty 
 
 p.288). 
 
 the other 
 
 
 
 p. 288). 
 
 and costs not immediately paid, 
 
 impr. and hard labour, unless 
 
 sooner paid ; for a 
 l,st Offence. For not more than 
 
 four nor less than two calendar 
 
 months ; — for a 
 2nd Offence. Not more than eight 
 
 nor less than six calendar months ; 
 
 and for a 
 3rd or other Offence. Not more than 
 
 twelve nor less than eight calen 
 
 dar months (s. 6 of 58 Geo. 3, 
 
 t. 43). 
 
 [See 1 EHx. u. 17, hereon.J 
 
 
 half to the 
 poor of par. 
 
 where of- 
 fence com- 
 mitted (s. 6 
 of58Geo.3, 
 c. 43). 
 
 
 given, but it seems clear that the proceeding under the 21 Jac. 1, is a conviction, and in 
 such a case the ISth sect, of 11 & 12 Vict. c. 43, (ante, p. 148), req[uires the costs to be' 
 recovered in the same manner and under the same warrant as the penalty, and the 19th 
 section and the form N. 1 (ante, pp. 175, 178) show this, and in default of distress he is 
 to be committed for the pwiod allowed by the act (s. 21). It is admitted that the 
 putting in the stocks is in substitution of the commitment for the penalty i therefore, unless 
 the adjudication of costs can be treated as distinct from the conviction (which the 18th 
 section and the forms of conviction, I. 1,2, forbid), the 22nd section does not give the power 
 of committal for costs contended for(see 20 J. P. 673, 674). It must also be observed that 
 the power to commit for the costs for a separate term is given by the 11 & 12 Vict. c. 43, 
 B. 18, only in cases where there is no penalty to be recovered. 
 
 89 Power to commit in Default of Surety for Second Offence.} The power to commit in 
 defeult of finding surety is not in the statute, but the authority to do so is given by the 
 common law and is thus laid down in 2 Hawk. J. P. c. 16, s. 2 (p. 174, 8th ed. by 
 Curwood): — " that wheresoever a justice of the peace is empowered by any statute to bind 
 a person over, or to cause him to do a certain thing, and such person being in his presence 
 
 Digitized by Microsoft® 
 
288 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 FISHERIES— coiKJMMcrf. 
 
 7. Destroying Sahnon with Lime, ^c."] Any person pursuing, taking, 
 
 killing or destroying, 
 or 
 
 8. Seeking or endeavouring to take, kill or destroy, pursue, hurt or 
 
 injure, 
 
 any salmon or salmon kind {^Note 92). by laying or using any 
 hot lime or filth, x>x material or drug pernicious to fish, 
 or 
 
 9. Using any water in which any green lint or flax has been steeped, 
 
 or 
 
 10. Letting off stagnated water, or any water impregnated with any ma- 
 
 terial or drug pernicious to fish. 
 
 1 1 . Fry or Fish under sixe.^ Taking any spawn, fry or brood of fish, or 
 
 any unsizeable fish, or fish out of season, 
 or 
 
 12. Any smelt not five inches long, 
 
 or 
 
 13. Knowingly having same in possession, either in the water or on the 
 
 shore, — or selling, or exposing same to sale. 
 
 [Vide further title "Larceny," Offences IS — 19, and title " Game," 
 Offence 13.] 
 
 FRAMES. 
 
 Any firame work knitter renting or taking to hire a stocking frame, either 
 with or without any machine, or engine to be employed therewith, 
 refusing to yield and redeliver up the same, after \i days' previous 
 notice. 
 
 58 Geo. 3, c. 43, 
 s. 3. 
 
 I Geo. 2, c. 27, 
 
 28 Geo. 3, 
 c. 55, s. 1. 
 
 shall refuse to be bound, or to do such thing, the justice may commit him to the gaol, to 
 remain there till he shall comply." In 2 Hale, 136, it is said that the party should be 
 bound to appear at the sessions to abide the order of the court. As to the costs upon this 
 2nd conviction, they would seem to be recoverable under s. 18 of 11 & 12 Vict. c. 43, oMte, 
 pp. 148, 149, which imposes an additional imprisonment of one calendar month for them 
 where no penalty is to be recovered (16 J. P. 731, 732 ; 20 J. P. 426). The recognizance 
 on its breach will be forfeited on application to the quarter sessions in the mode pointed 
 out by 16 fit 17 Vict. c. 30, s. 2 ; see title " Sureties" in Part III. of this work. 
 
 90 What Justices to convict — Incorporation of 6 S[ 7 Fict. c. 33, with 58 Geo. 3, c. 43.] 
 Of the county, &c. wherein the offender shall be or reside, or wherein or near to which 
 the offence shall be committed (58 Geo. 3, c. 43, s. 6). If any offence be committed in 
 such part of any river as runs between or forms the boundary of two adjoining counties, 
 it shall be cognizable by any justice acting for either of suchcounties(6 8c7 Victc.33, s. 5). 
 By the 8th section of the 6 & 7 Vict. t. 33, all the provisions, clauses, &c. of the 58 Geo. 
 3, c. 43, are to apply to it 
 
 91 Appeal.'] By s. 12 of 58 Geo. 3, c. 43, which we have seen, in Note 90, is incorporated 
 with 6 Si 7 Vict c. 33, — " every person who shall think himself or herself aggrieved by the 
 judgment of any justice of the peace or magistrates in any of the cases aforesaid may 
 appeal to the justices of the peace for the county, shire,. division, city or place where such 
 judgment shall be given at the then next, or next but one, general quarter sessions of the 
 peace; — but that no such appeal shall be received, heard or determined, unless the ap- 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 FISHERIES-FRAMES. 
 
 289 
 
 Time of laying 
 Sec. 
 
 Number 
 and what 
 Justices to 
 
 couvict. 
 
 Penalty &c. 
 I\lode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to wiiom 
 payable. 
 
 Page, 4c. 
 
 of 
 Fornuilist. 
 
 7 ) Within 6 
 10 S cal. m. 
 
 One 
 
 ist Offence. Not exceeding jglO, nor 
 
 Yes 
 
 Spawn, &c. 
 
 No. 1, 
 
 or more 
 
 less than £5. 
 
 (Note 
 
 to pros. 
 (s.7). Half 
 
 p. 114. 
 
 (11 & 12 Vict. 
 
 (Note 
 
 2nd Offence. Not more than £15, 
 
 91). 
 
 0. 43, s. 11). 
 
 90). 
 
 nor less than £10, and forfeiture 
 of all fish, nets, &c. (s. 3). 
 Recoverable as Offences 1 to 6, 
 supra, by distress, &c. 
 
 
 pen. to inf. 
 
 the other 
 
 half to the 
 poor of par. 
 
 where of- 
 fence com- 
 mitted (s. 6 
 of58Geo.3, 
 c. 43). 
 
 
 11 ) Id. 
 
 One. 
 
 20s., and forfeiture of fish and pack- 
 
 No. 
 
 Half to pro- 
 
 
 13 J 
 
 
 ages ; — levied by distress ; —and 
 in default, imprisonment with 
 hard labour for not more than 
 three (calendar) months. 
 
 
 secutor, and 
 half to poor 
 of parish 
 where of- 
 fence com- 
 mitted. 
 
 
 Within 6 
 
 One 
 
 20«. ; — and if not paid and the frame 
 
 No. 
 
 To the 
 
 P. 114, 
 
 cal. m. 
 
 
 delivered up within 6 days, impr. 
 
 
 poor. 
 
 115. 
 
 (11 & 12 Vict. 
 
 
 with h. 1. for not exc. 3 uor less 
 
 
 
 
 c. 43, ». 11). 
 
 
 than 1 cal. month. 
 
 
 
 
 pellant or appellants shall within ten days next after such judgment, and twenty days 
 at the least before the holding of such sessions, give and leave in writing, as well at 
 the public office of the clerk of the peace for such county, shire, division, city, or place, 
 where such person or persons shall be convicted, as to the person or at the dwelling-house 
 of the informer or prosecutor, of his, her or their intention to bring such appeal, — and 
 shall also enter into a recognizance before such justice or justices, in such sum as any 
 such justice or justices of the peace shall think fit, not exceeding £20, conditioned to 
 try such appeal, and likewise to pay the costs of such appeal, in case judgment and 
 sentence shall, upon the hearing thereof, be given against the appellant, within ten days 
 next after the determination thereof ;— and that the said justices at their said sessions shall 
 and may, upon due proof of such notice given as aforesaid, hear and determine every such 
 appeal in a summary way, and shall award or order to the party in whose behalf such 
 appeal shall be determined such costs and charges as they in their discretion shall think 
 reasonable and just to be paid by the party or parties against whom such appeal shall be 
 determined ; — and in case such costs and charges shall not be paid within the space of ten 
 days next after the hearing and determining of such appeal, the same may be levied by 
 distress and sale of the goods and chattels of the person or persons ordered to pay the 
 same, or his or their surety or sureties, in the same manner and by the same means as all 
 distresses are ordered to be taken under or by virtue of this act." 
 
 92 What Salmon.'] This act is to apply to salmon trout, and fish of the salmon kind, 
 as well as to salmon (li & 12 Vict t. 52, s. 2). 
 
 0. 8. U 
 
 Digitized by Microsofi® 
 
290 
 
 Summary Convictions. 
 
 [part I, 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 FRIENDLY SOCIETIES. 
 
 1. Fraud in withholding Moneg, Sfc."] If any officer, member, — or other 
 
 person, being or representing himself to be a member of a society, 
 or the' nomineej executor, administrator or assignee of a member, 
 — or any person whatsoever, — by false representation or impo 
 sition, shall obtain possession of any monies, securities, books, 
 papers or other effects of such society, — 
 or 
 
 2. Having the same in his possession, Shall withhold or misapply the 
 
 same, — 
 
 or 
 
 3. Shall wilfully apply any part of the same to purposes other than those 
 
 expressed or directed by the rules of such society, or any part 
 thereof. 
 
 4. Officer paying unauihorixed Sum for Funeral Expenses.'] A trustee or 
 
 other officer of a society making any payment otherwise than 
 directed [i. e. except upon production of a copy of the entry m 
 the register of deaths of the district in which the child, under 10, 
 who is insured for the funeral expenses, — a sum exceeding 366 for 
 such expenses when child under the age of 5 years, or a sum 
 exteeding £10 for a child between 5 and 10 years], — 
 or 
 
 5. Paying any sum without indorsing the amount paid on the back or at 
 
 the foot of the copy of entry signed by the registrar of deaths. 
 
 6. Officer aiding in Dissolution of Society improperly.] Any trustee or other 
 
 officer or person aiding or abetting in the dissolution of a society, 
 or the division or appropriation of the funds thereof, except as 
 provided by this section. 
 
 GAME. 
 
 I. Trespass in Search of Game, p. 290. 
 II. Killing without Certificate, p. 29i. 
 III. Killing on Sunday, &c. p. 298. 
 IV. Killing out of Season, p. 298. 
 V. Selling without Certificate, p. 298. 
 VI. Buying, &c. unlawfully, p. 298. ' 
 Vll. Offences by Licensed Dealers, &c. p. 300. 
 VIII. Offences by Occupiers, p. 300. 
 IX. Night Poaching, p. 302. 
 
 I. Trespass in Search of Game {Note 94)- 
 1. Entering or being, 
 
 in the daytime upon any land in search, 
 
 2. Pursuit, 
 
 of game or woodcocks, sniped, quails, landrails or conies. 
 
 18-&19Vict. 
 c. 63, s. 24 
 
 Id. ». 10. 
 
 Id. ». 13. 
 
 1 & 2 Will. 4, 
 
 c. 32, s. 30 
 
 {Note 95) post, 
 
 p. 293). 
 
 93 Enactment.] To this clause there are two provisoes : — one, " that nothing herein 
 contained shall prevent the Said society from proceeding by indictment against the said 
 party j" the other, " that no person Shall be proceeded against by indictment if a convic- 
 tion shall have been previously obtained for the same offence undfer the ptovisions of this 
 ftct. 
 
 Digitized by Microsoft® 
 
GHAP. II.] 
 
 FRIENDLY SOCIETIES- GAME, 
 
 291 
 
 TlmeoflayJQff 
 laformatlon. 
 
 n Within 6 
 
 3 j cal. m. 
 
 (11 & 12 Vict. 
 
 t.4S, s. 11), 
 
 and on behalf 
 
 of society. 
 
 4\ Within 6 
 5/ cal. m. 
 (11 & 12 Vict, 
 c. 43, S.11), 
 
 Number 
 and what 
 Jueiices to 
 ' convict. 
 
 Id. 
 
 Two, 
 
 where 
 
 place of 
 
 business 
 
 of 
 society 
 situ- 
 ated. 
 
 Two, 
 where 
 death 
 took 
 place. 
 
 Two. 
 
 Penalty, &c. 
 ' and 
 Mode of enforcing. 
 
 » 
 
 Within 
 
 Seal. m. 
 
 <s. 41, ' 
 
 Notes'^Q, post, 
 
 p. 293, and 99, 
 
 post, p. 294). 
 
 One. 
 
 If Ap- 
 peal, and 
 Time, 
 
 SiC 
 
 Order to deliver up all such monies, 
 securities, &c., to the society, 
 or to repay the amount of money 
 applied improperly ; — 
 
 And to pay, if justices think fit, 
 further sum not exc. £20, with 
 costs not exc. 20s. 
 
 In default of delivery of effects, or 
 repayment of money, or payment 
 of pen. and costs, impr. with or 
 without h. 1. for not exc. 3 month; 
 {Note 93). 
 
 Not exceeding £5 (s. 10) ; — re- 
 covered by distress ( 1 1 & 1 2 Vict. 
 c. 43, s. 19, avte, p. 175);— in 
 default imprisonment for not ex- 
 ceeding 3 calendar months, unless 
 sooner paid (Id. s. 22; see ante, 
 p. 179). 
 
 Imprisonment with hard labour for 
 any term not exceeding 3 ca 
 lendar months. 
 
 [Mem. The Informer is in all cases, 
 since Ike passing of the Law of Evi- 
 dence Act, 14 4- 15 Vict. c. ^ (.no- 
 ticed ante, p. 58), a competent wit 
 ness to prove the offence before a 
 warrant or summons is issued, as 
 well as on the hearing of the 
 charge.] 
 
 Not exceeding 162 (s. 30);— in de- 
 fault of payment, imprisonment 
 with or without hard labour for 
 not exceeding 2 cal. m., unless 
 sooner paid (s. 38). 
 
 No. 
 
 No. 
 
 No. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Penalty to 
 treasurer 
 
 of county, 
 &c. 
 
 not being 
 applied 
 
 by the act, 
 
 (see ante, 
 p. 190). 
 
 Treasurer 
 of county, 
 
 &c. 
 not being 
 applied by 
 
 the act, 
 (see ante, 
 p. 190). 
 
 Yes 
 (s. 44, 
 Note 
 
 97. 
 
 post, 
 p. 293). 
 
 Page, &c. 
 of 
 
 Formulht. 
 
 Half to inf. 
 and half to 
 
 overs, for 
 CO. rate (5 & 
 6 Will. 4, c, 
 
 20, s. 21). 
 
 No. 1, 
 p. 116. 
 
 94 " Dag-time" and " Game" defineir-What is a Trespass—Trespass a several Offence.^ 
 The " daytime" is to be from the beginning of the last hour before sunrise to the expiration 
 of the first hour after sunset (s. 34);— and "game" is defined to be hares, pheasants, par- 
 tridges, grouse, heath or moor game, black game and bustards (s. 2). As to what is a trespass . 
 -itiwould appear from theold cases that whatever acts would constitute a trespass in en- 
 Digitized by Wlicrosoft® 
 
292 Summary Convictions. [paht i. 
 
 Offences rviihin the 11 & 12 Vict. c. 43. 
 
 GAM E — continued. 
 
 I. Trespass in Search of Game — continued. 
 3. Any persons, to the number of five or more, together committing the 
 like trespass (as Offences 1, 2), 
 
 1 & 2 Will. 4, 
 c. 32, s. 30 
 {Note 95 J. 
 
 tering or being upon land in search or pursuit of game, for which an action would be 
 maintainable, come within the summary remedy provided by this section (s. 30). It was 
 held by Lord Ellenborough, that a man who from the outside of a close discharged a gun 
 into it, so that the shot must have struck the soil, was guilty of breaking and entering 
 (Pickering v. Rudd, 4 Camp. 220). A dog jumping into a close, with the consent or by 
 incitement of the master, is a trespass on the part of the master {Brown v. Giles, 1 C. & P. 
 119 ; but see R. v. Nicldess, 8 C. & P. 757, and Hill v. Walker, Peake's Add. Ca. 234, in 
 which a contrary doctrine was held, and Reg. v. Pratt, infra). It would be better, therefore, 
 in such cases to proceed for using the dog under 1 & 2 Will. 4, c. 32, s. 23, Offence No. 
 12. The setting a snare without leave in another's land, without personally entering 
 the land, is a trespass (6 J. P. 385). Where three persons were in a field, and another stood 
 on the outside and gave the alarm, all were held equally guilty {Passey's Case, 7 C. & P. 
 282 i R. V. Whitaker, 2 C. & K. 636 ; Barclay's Law of Scotland, 1st ed. pp. 447, 448). 
 Would it not be more advisable in such a case to charge those remaining outside as aiders 
 and abettors in the trespass under 11 & 12 Vict. c. 43, s. 5, ante, p. 102. In the recent 
 case o{Reg. v. Pratt, (19 J. P. 578; 1 Dears. C. C. 502 ; 24 Law J. (N. S.) M. C. 11.3, 
 April, 1855), it was held to be an offence under this section to be upon a highway for the 
 purpose of searching for game, and for that purpose only, but that there must be a bodily 
 entering or being. The facts in that case were these : — T. P. on the 11th of October, 
 1854, about four o'clock in the afternoon, was on a public highway carrying a gun and 
 accompanied by a dog. He waved his hand to the dog, and the dog entered the cover 
 or plantation on one side of the highway (which cover or plantation was in the actual 
 possession or occupation of G. B., Esq., who was also the owner of the land on the other 
 side), after which a pheasant rose and flew across the said highway, and the defendant 
 then being on the said highway fired at the pheasant twice, hut did not kill it : Held, that, 
 on this evidence, T. P. might properly be convicted of having committed a trespass, by 
 being in the day-time upon a piece of land in the possession and occupation of G. B. Esq. 
 (he being the owner of the soil and freehold of the highway as the owner of the adjoining 
 land), then and there in pursuit of game, contrary to s. 30. The same reason would apply 
 to a trespass upon a turnpike road J for hy Davison y. Gill (1 East, 69), the soil of the 
 road belongs to the original proprietor of the land. It is observable, however, that in 
 Reg. V. Pratt, the fact of the statute 7 & 8 Vict. c. 29, which especially provides, in the case 
 of night poaching only, for the off;.nce of " taking or destroying" game or rabbits on a 
 public road (not the entering or being upon land being a highway,, &c. ^^for the purpose of 
 taking or destroying game," as provided for in the other branch of 9 Geo. 4, c. 69, Offence 
 47 , p. 302 ), was not made use of as an argument that offences on roads were not intended to 
 be within the operation of the Day Poaching Act, and that a highway could not be treated 
 as land within the meaning of the 1 & 2 Will. 4, c. 32, s. 30, or 9 Geo. 4, c. 69, e. 1, or the 
 decision might possibly have been different. 'The consequence of the decision is, that it 
 is an offence to enter or be upon a highway in the day-time in search or pursuit of game; 
 while there is no enactment which makes it an offence to enter or be on a highway at night 
 for the purpose of taking or destroying game ; but the offence of taking, S;c. on a highway 
 is punishable by the joint operation of 9 Geo. 4, c. 69, s. 1, and 7 & 8 Vict. c. 29 (see 20 
 J. P. 687). By the 46th sect, proceedings under this act are a bar to any action for the 
 same trespass (see Robinson v. yaughton, 8 C. & P. 257). A trespass is not a joint offence, 
 but subjects each trespasser to the full penalty, and not merely to a proportionate part of 
 
 Digitized by Microsoft® 
 
CHAP. li.] 
 
 GAME. 
 
 293 
 
 Time of laying 
 lliformaUon. 
 
 3 Within 
 3 cal. m. 
 (s. 41, Notes 
 96 and 99)- 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 One 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing:. 
 
 Each person to forfeit not exc. £b 
 (s. 30 i — in default of payment, 
 impr. with or without h. 1. for not 
 exc. 2 cal. m. where amount to 
 be paid, exclusive of costs, shall 
 not amount to £5 ;— and for not 
 exc. 3 cal. m. in any other case, 
 unless sooner paid (s. 38). 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Yes 
 (s. 44, 
 Note 
 
 97). 
 
 Penalty, &c. 
 to wnoni 
 pa>able. 
 
 Half to inf 
 
 and half to 
 
 overs, for 
 
 CO. rate 
 
 (5 8s 6 
 
 Will.4,c.20, 
 
 s. 21). 
 
 Page, &c. 
 
 of 
 ForniullBt. 
 
 No. 2, 
 p. 11 «. 
 
 a joint penalty ; and even should separate convictions be drawn up (which is not usual, 
 for all the defendants may be included in one, see ante, p. 150), the court will not order 
 the justices to alter the conviction by making it a joint one {Re Ctee and another, 21 L. J. 
 (N. S.) M. C. 112) J but if one conviction includes the whole of the parties convicted, it 
 should clearly express what each is to pay, and not make each a surety for the default of 
 all the others, as in Heg. v. Cridland, 21J. P. 404 ; 27 L. J. (N. S.) M. C. 28. See a correct 
 form, ante, p. 154. 
 
 95 Witnesses, Sfc."] By this statute a penalty of not exceeding £S may be imposed on 
 witnesses not appearing or refusing to be examined (s. 40) ; see 11 & 12 Vict. c. 43, s. 7, 
 ante, p. 122. It is said (21 J. P. 685), that this section, s. 40, whiclisays, any justice may 
 issue his summons, requiring any person to appear before himself or any one or two jus- 
 tices of the peace, " for the purpose of giving evidence touching any offence against tliis 
 act," gives power to a justice to summon a witness to depose to the charge before the issue 
 of the summons to the defendant 
 
 96 Information and by whom. — Negativing Consent.'] By d & 7 Will. 4, c. 65, s. 9, the 
 information was required to be verified on the oath of another person than the informer 
 before a summons was issued (R. v. Scotton, 13 L. J. M. C. 58) ; but since the passing of 
 the Law of Evidence Amendment Act, 14 & 15 Vict c. 99 (noticed ante, p. 58), the in- 
 former is competent to swear to the charge ; also since Jervis's Act, II & 12 Vict. i-.. 43, 
 there need be no oath by the witness that the party is likely to abscond before a warrant in 
 the first'instance can be granted (as provided by s. 41 of the 1 & 2 Will. 4, c. 32), but only 
 an oath substantiating the matter of the information (II & 12 Vict u. 43, s. 2,ante, p. 97). 
 Any person may be the informer, and it is not necessary tliat the owner or occupier of the 
 land should lay the information {Middleton v. Gale, 8 A. & E. 155). Fide adapted forms 
 of Information, Summons and Warrant, Oke's " Formulist," 2nd ed., pp. 115, 116. By 
 s. 42 of the I & 2 Will. 4, c. 32, — " it is not necessary in any proceeding to negative by 
 evidence any certificate, licence, consent, authority or other matter of exception or defence ; 
 but the party seeking to avail himself of any such certificate, &c. is bound to prove the 
 same (see also II & 12 Vict c. 43, s. 14, ante, p. 138). 
 
 97 Appeal.'] By I & 2 Will. 4, c. 32, s. 44,— "any person who shall think himself 
 aggrieved by any summary conviction in pursuance of this act may appeal to the justices 
 at the next general or quarter sessions of the peace, to be holden not less than 12 days 
 after such conviction, for the county, riding, division, liberty, franchise, city or town 
 wherein the cause of complaint shall have arisen ; — provided that such person shall give 
 to the complainant a notice in writing of such appeal, and of the cause and matter thereof, 
 within 3 days after such conviction, and 7 clear days at the least before such sessions, — 
 and shall also either remain in custody until the sessions, or within such 3 days enter into 
 a recognizance, with a sufficient surety, before a justiAs of the peace, conditioned personally 
 to appear at the said sessions, and to try such appeal, and to abide the judgment of the court 
 thereupon, and to pay such costs as shall be by the court awarded,— and upon such notice 
 being given, and such recognizance being entered into, the justice before whom the same 
 shall be entered into shall liberate such person, if in custody ;— and the court at such 
 sessions shall hear and determine the matter of the appeal, and shall make such order 
 therein, with or without costs to either party, as to the court shall seem meet, and in case 
 of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge 
 
 Digitized by Microsoft® 
 
294 
 
 Summary Convictions. 
 
 [PART I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 GAME — continued. 
 
 1. Trespass in Search of Game — continued. 
 
 4. Trespasser on any land, or upon any of her Majesty's forests, &c, 
 
 (as Offences 1, 2 or 10), when required, refusing to tell his real 
 names or places of abode, 
 
 or 
 
 5. Giving such a general description of place of abode as shall be illu- 
 
 sory for the purpose of discovery^ 
 
 6. Wilfully continuing or returning upon the land. 
 
 7. Five or more trespassing on any land, or upon any of ber Majesty's 
 
 forests, &e. (as Offences 1, 2 or 10), any of tbem being then and 
 there armed with a gun, and all or any of them then and there by 
 violence, intimidation or menace preventing. 
 
 8. Endcf^vouring to prevent, 
 
 aiiy authorized person approaching them for the purpose of re- 
 quiring them to quit the land or tell their names. 
 
 9. And every person aiding or abetting offenders. 
 
 10. Trespassing (as OiSences 1 or 2) in her Majesty's forests, parks, chases 
 
 or warrens. 
 
 ll. KitLiNG WITHOUT Certificate {Note 100). 
 
 1 1. Any person killing or taking any game, 
 
 or 
 
 12. Using any dog, gun, net or other engine or instrument for the pur- 
 
 pose of searching for, or killing or taking game {Note 101). 
 
 [Vide Me^. to Offences 23 to 28 in 5th Column, p. 299, when par- 
 tridges, Sfc. are killed out qf season.] 
 
 1 & 2 Will. 4, 
 c. 32, s. 31 
 (Note 9§). 
 
 Id. s. 32. 
 
 Id. a. 33. 
 
 X & 2 Will. 4, 
 c. 32,'s. 23 
 {NoU 95). 
 
 the offender to be desllt with and punished according to the conviction, aiid to p'ay snch 
 costs as shall he awarded, and shall, if necessary, issue process for enforcing such judg- 
 ment." 
 
 98 Apprehension iff Offenders.] Sect. 31 authorizes the person having the right tff 
 killing the game, or the occupier, or their gamekeeper, servant, &e. to Elpprebend these 
 offenders, and take them before a justice within twelve 'hours. If not so taken, they muA 
 be discharged, and proceeded against in the usual Way (£ee Locke's Hume Laws, ^d edi, 
 l)p. 39, 40). 
 
 '99 Game talced from Trespassers.'] * By sect 36, when any person shall be found by day 
 or by night upon any land, or in any of her Majesty's forests, &c. in Search dr puflSuitOT 
 game, and shall then and there have in his possession any gaine which shall appear 'to 
 have been recently killed, the person having the right of killing the game, or occupier, Stc. 
 may demand 'same, and if not delivered up immediately, may seize and take thesame'from 
 him. 
 
 100 As to killing Hares and Coursing.'] By 11 & 12 Vict. c. 29, s. 1, persons in the 
 occupation of enclosed land, or the ovrafer wfao'ha&'the right of killing game thereon, may 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 Time of laying 
 InfQrinaUou, 
 
 Within 
 
 3 cal. m. 
 
 (s. 41, 
 
 Notes 98, 
 
 98, 99). 
 
 M 
 M 
 
 Id. 
 
 10 
 
 Id. 
 
 11 \ Id. 
 
 12 ( (^Note 96). 
 
 GAME. 
 
 295 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 One. 
 
 Two. 
 
 One. 
 
 Two. 
 
 Penalty. &c. 
 
 and 
 
 Mode of enforcing. 
 
 Not exceeding £5 (s. 31);— impr. 
 in default of payment, with or 
 without h. 1. for not exo. 2 cal. m. 
 where amount to be paid, ex- 
 clusive of costs, shall not amount 
 to i65i— and fornotexc. Seal. m. 
 in any other case, unless sooner 
 paid (s. 38). 
 
 Not exceeding £5 in addition to 
 any other penalty [under (s. 30) 
 Offence 3] to which they may be 
 liable (s. 32). Imprisonment in 
 default of payment, as Offence 3, 
 supra. 
 
 Not exceeding £2 (s. 33). Impri- 
 sonment as Offences 1, 2, supra. 
 
 Cumulative penalty, of not exceed 
 ing £5 (s. 23) ; — imprisonment in 
 default of payment, as shown in 
 Offences i — 6, supra. (See Note 
 
 102.) 
 
 If Ap- 
 peal, and 
 Timfe, 
 
 Yes 
 
 (s. 44, 
 Note 
 
 97). 
 
 to wnoai 
 payable. 
 
 Page, &c 
 
 of 
 Fonoulist. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Half, to inf. 
 
 and half to 
 
 overs, for 
 
 CO. rate 
 
 (5 & 6 
 
 Will. 4, 
 
 ;. 20, s. 21). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Nos. 
 3-5, 
 p. 116. 
 
 Nos. 6, r, 
 p. 117. 
 
 No. 8, 
 
 p. iir. 
 
 Nos. 
 9, 10, 
 p. 117. 
 
 b;^ himself, or by a person authorized in writing, take, kill or destroy any hare then thereon 
 without obtaining an annual game certificate. The authority must be limited to one person 
 at the same time in one parish, and be registered with the clerk to the magistrates. It is 
 valid until the 1st February, in the year following, unless revoked (s. 2) ; and by the 4th 
 section it is enacted that " any person may pursue and kill, or join in the pursuit and 
 killing, of any hare by coursing with greyhounds, or by hunting with beagles or other 
 hounds, without %aving obtained an annual game cjertificate : and consequentily .such 
 person 4S not liable to the penalty or surcharge for coursing, &c. without such certifeate 
 {Assessed Tax Gate, No. 2276, 16 J. P. 794) : but this does not authorize the laying of 
 poison (s. 6), and agreements reserving game are to be still in force (s.^6). See foum of 
 authority, Oke's "Farmulist," 2nd ed., p. 438. 
 
 101 An uncertificated person killing woodcocks, snipes, &c. is not liable under this 
 section, although he isJi^ble under 52 Geo. 3, c. 63, to a penalty of 20, and £& : ISs.M. 
 duty on a certificate (Locke's Game Laws, p. 32). 
 
 102 -foint Offence.] Where two or more persons use a dog or gun, or kill a hare, the 
 offence under ss. 3 or 23 is a joint one, and one penalty is incurred, divisible among the! 
 
 Digitized by Microsoft® 
 
296 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 GAME — continued. 
 
 II. Killing without Certificate — continued. 
 13. Every officer [in the army] who shall, without leave in writing from 
 
 the person entitled to grant such leave, take, kill or destroy any 
 
 game or fish. 
 
 14. Laying Poison.] Any person, with intent to destroy or injure game; 
 at any time putting. 
 
 15. Causing to be put, 
 
 any poison or poisonous ingredient on any ground, whether 
 open or inclosed, where game usually resort, or in any highway. 
 
 16. Taking Eggs.] Any person, not having the right of killing game, or 
 
 permission, wilfully taking out of the nest, 
 or 
 
 17. Destroying in the nest, 
 
 the eggs of any bird of game, or of any swan {Note 103)) wild 
 duck, teal or widgeon, 
 or 
 
 18. Knowingly having in his house, shop, possession or control any such 
 
 eggs so taken. 
 
 19. Hares or Coneys in Warrens.] Any person unlawfully and wilfully in 
 
 the day-time taking or killing any hare or coneys in any warren or 
 ground {Note 104), 
 or 
 
 20. At any time setting or using therein any snare or engine for the 
 
 taking of hares or coneys. 
 
 \^A similar offence in the night-time is punishable upon indictment as 
 a misdemeanor.] 
 
 20 Vict 
 
 c. 13, s. 95. 
 
 {Annual Army 
 
 Mutiny Act.) 
 
 1 & 2 Will. 4, 
 c. 32, s. 3 
 {Note 95). 
 
 Id. o. 24. 
 
 7 & 8 Geo. 4, 
 u. 29, o. 30. 
 
 whole of the offenders : for according to the decisions cited at pp. 145, 146, a joint award 
 of one penalty, whether the offence be in its nature joint or several, is bad. If an uncer- 
 tificated person kill several hares, partridges, &c., or use a dog, and also a gun, upon the 
 same day, he is only liable to one penalty under s. 23 (Locke's Game Laws, pp. 8, 32). 
 
 103 Swans' Eggs.] With respect to swans, they are the subject of larceny where they 
 have been marked and pinioned, or even unmarked, if taken, kept in a mote, pond or 
 private river. But larceny cannot be committed of their eggs, because the statute has 
 appointed a less punishment (see East's P. C. 2, 607 ; Locke's Game Laws, p. 33). 
 
 104 Exception : Day or Night.] This is not to affect any person taking or killing, in the 
 day-time, any coneys on any sea bank or river bank, in the county of Lincoln, so far as the 
 tide shall extend, or within one furlong of such bank (s. 30). There is no definition of 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 GAME. 
 
 297 
 
 Time of laying 
 Information, 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 13 Within 6 
 cal. m. 
 (11 & 12 Vict. 
 0.43,8.11). 
 
 14\ Within 
 15/ 3 cal. in 
 (s. 41, Note 
 
 96). 
 
 16) 
 181 
 
 Id. 
 
 One 
 
 (s. 95). 
 
 19 ? On oath, 
 
 20 J and within 
 
 3 cal. m. 
 (ss. 64, 65, 
 Note 105)- 
 
 Two. 
 
 Two. 
 
 One. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 £5 (s. 95); — levied by distress; — 
 in default, imprisonment for not 
 exceeding 6 cal. m. unless sooner 
 paid (s. 97). 
 
 [Mem. Adjudication to he reported 
 to Secretary-at~ War within 4 days 
 (s. 98).] 
 
 Not exceeding £10 (s. 3) ; — impri- 
 sonment in default of payment, 
 as Ofifence 3, supra. 
 
 Not exceeding 5s. for every egg 
 (s. 24) ; —imprisonment in default 
 of payment, as Offence 3, supra. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Not exceeding £5 (s. 30), Note 
 106- In default, imprisonment 
 with or without hard labour, for 
 not exceeding 2 calendar months, 
 unless sooner paid (s. 67). 
 
 No. 
 
 Yes 
 (s. 44, 
 Note 
 
 97). 
 
 Id. 
 
 Penalty, &c. 
 to whom 
 
 payable. 
 
 Half to inf., 
 if not a wit- 
 ness, and 
 rem., or 
 whole 
 where inf. a 
 witness, to 
 gen. agent 
 for recruit- 
 ing service 
 (s. 98). 
 
 Half to inf 
 
 and half to 
 
 overseers 
 
 for CO. rate 
 
 (5& 6 
 
 Will. 4, 
 
 c. 20, B.21). 
 
 Id. 
 
 Yes 
 
 (s. 72, 
 Note 
 
 107). 
 
 Page, &c. 
 
 of - 
 Formuliet. 
 
 Overseers 
 of poor 
 where 
 offence 
 committed 
 for CO. rate 
 (s. 66). 
 
 No. 11, 
 p. 117. 
 
 No. 12, 
 p. 118. 
 
 Nos. 
 13, 14, 
 p. 118. 
 
 Nos. 
 15, 16, 
 p. 118. 
 
 "day" or ■• night" time in the 7 & 8 Geo. 4, c. 29. Vide Note 94, ante, p. 291, as to the 
 day-time, and Note HI, post, p. 302, as to the night-time, defined in the statutes 1 & 2 Will. 
 4, c. 32, and 9 Geo. 4, c. 69. 
 
 105 Apprehension.'] Offenders found committing any of the offences under 7 & 8 Geo. 4, 
 c. 29 (except Nos. 17—19, post, tit. " Larceny," as to taking fish, may be immediately 
 apprehended without warrant by any peace officer, or by the owner, and forthwith taken 
 before a justice (s. 63). See Hanway v. Boultbee, 4 C. & P. 350 ; R. v. Curran, 3 C. & P. 
 397 ; see as to remand, 11 & 12 Vict. c. 43, s. 16, ante, p. 118, and Locke's Game Laws, 
 p. 86. 
 
 106 Where several offenders, each is liable to the full amount (see s. 66). 
 
 107 Appeall Vide Note 150 to this column, tit. " Larceny," post. 
 
 Digitized by Microsoft® 
 
298 
 
 Summary Conmctions. 
 
 [PAHT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 GAME — continued. 
 
 III. Killing on Sunday, &c. 
 
 21. Any person killing or taking any game on a Sunday or Christmas day, 
 
 or 
 
 22. Using any dog, gun, net or other engine or instrument for the pur- 
 
 pose of killing or taking game {Note 108) on a Sunday or Christ- 
 mas day. 
 
 IV. Killing out of Season. 
 
 23. Any person killing or taking 
 
 any partridge between 1st February and 1st September, 
 or 
 
 24. any pheasant between 1st February and 1st October, 
 
 or 
 
 25. any black game (except in the county of Somerset or Devon, or 
 in the New Forest, in the county of Southampton) between 10th 
 December and 20th August, 
 
 or 
 
 26. any black game in the county of Somerset or Devon, or in the 
 New Forest between the 10th December and 1st September, 
 
 or 
 
 27. any grouse, commonly called red game, between 10th December 
 and 12th August, 
 
 or 
 
 28. any bustard between 1st March and 1st September. 
 
 See Offences 34, 41, for having possession qf any bird of game after 
 expiration of season. There is no penalty attached to killing hares 
 at any season of the year. 
 
 V. Selling without Certificate. 
 
 29. Any person, not having a game certificate or a licence to deal in game, 
 
 selling, or offering for sale, any game to any person whatsoever, 
 or 
 
 30. Any person, authorized to sell game by virtue of a game certificate, 
 
 selling, or offering for sale, any game to any person whatsoever, 
 except a licensed dealer. 
 
 VI. Buying, &c. unlawfully. 
 
 31. Any person, not being licensed to deal in game, buying any game 
 
 from other than licensed dealers. 
 
 1 & 2 Will. 4, 
 c. 32, s. 3 
 {Note 95). 
 
 Id. 
 
 Id. s. 25. 
 
 Id. s. 27. 
 
 108 '^ot liable for Shooting Snipe, !fc. — Cumulative Penalties.^ It is conceived that 
 persons shooting snipe, woodcock, &c. on these days are not liable to the penalty here 
 imposed (Locke's Game Laws, 3rd edit, p. 7. Vide definition of " Game," Note Qi, ante, 
 p. 291). Mr. Locke also says, p. 7 of his Work, that "the penalties where the aqt done 
 embraces more than one offence are cumulative, so that, for example, an uncertificated 
 person trespassing in pursuit of game on a Sunday, and killing a partridge, may be con- 
 
 Digitized by Microsoft® 
 
Chap, ii.] 
 
 GAME, 
 
 299 
 
 TlroeoflaTlllir 
 
 Number 
 ind wbit 
 JuiiticeBto 
 fconylrt. 
 
 Penattjj *c. 
 Mode of enfordogr. 
 
 If Ap- 
 peal, and 
 Time, 
 ic 
 
 Penalty, Sec 
 to wh6m 
 payable. 
 
 Page, Sec. 
 Formullst. 
 
 an -witiim 
 
 122/ Seal. m. 
 
 Two. 
 
 Not exceeding £5 (s. 3). Irtipri- 
 
 Yes 
 
 Half to inf. 
 
 Nos. 
 
 
 sonment in default of payment, as 
 
 (s. 44, 
 
 a«d half to 
 
 17—18, 
 
 (s. »1, JWbJfe 
 
 
 Offences 23 to 28 infra. (Vide 
 
 Note 
 
 overseers 
 
 pp. 118, 
 
 96)- 
 
 
 mteioii.) 
 
 97). 
 
 for county 
 rate (i5 & 6 
 
 Will. 4, 
 c.20,».21)J 
 
 119. 
 
 !23\ Id. 
 J28/ 
 
 Two. 
 
 Not exceeding £1 for every head 
 
 id. 
 
 Id. 
 
 No. 19, 
 
 
 of game killed or taken (b. 3) ; — 
 
 
 
 p. 119. 
 
 
 
 in default of payment iinpr., with 
 or without h. 1, for hot exe. 2 cal. 
 
 
 
 
 
 
 
 
 
 
 
 m., where amount to be paid, ex- 
 
 
 
 
 
 
 clusive of costs, shall not amount 
 
 
 
 
 
 
 to £5 ; — and for not exc. 3 cal. m. 
 
 
 
 
 
 
 in any other case, unless sooner 
 
 
 
 
 
 
 paid (s. 38). 
 
 
 
 
 
 
 {Mem. When the partridge, ifc. is 
 
 
 
 
 
 
 killed out qf season, the offender 
 
 
 
 
 
 
 must he proceeded against under 
 
 
 
 
 
 
 this section (3), andnotunder s. 23, 
 
 
 
 
 
 
 as that extends onty to the case of a 
 
 
 
 
 
 
 person killing game without a cer- 
 
 
 
 
 
 
 tificate at a time when a certificate 
 
 
 
 
 
 
 would have protected him from the 
 
 
 
 
 
 
 penalty. But if it were on a Sun- 
 
 
 
 
 
 
 day, 'SfC., would not the offender 
 
 
 
 
 
 
 also be liable to the penalty of £5 ; 
 
 
 
 
 
 
 and for a trespass under s. 30 ? 
 
 
 
 
 
 
 ride Note 108-] 
 
 
 
 
 29\ Id. 
 
 30/ 
 
 Two. 
 
 Not exceeding £2 for every head of 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 game (s. 25) ;— imprisonment in 
 
 
 
 20, 21, 
 
 
 
 default^ as Offences 23 to 28, 
 
 
 
 p. 119. 
 
 
 
 *Bpra. 
 
 
 
 
 31 Id. 
 
 Two. 
 
 Not exceeding £5 for'every head of 
 game so bought (s. 27) ! — impri- 
 sonment in default of payment, as 
 Offences 23 to 28, supra. 
 
 Id. 
 
 Id. 
 
 No. 22, 
 p. 119. 
 
 victed in four pehaltiei,-^undtil- 52 Geo. 3, t. 93, sched. L. rule 12, in a penalty of £20 for 
 being uncertificated ; under s. 80 of this act, in a penalty not exceeding £2 for the 
 trespass ; under the 3rd sect, of this act, in a penalty not exceeding £5 for killing game on 
 a Sunday j and Under s. 23, in a penalty not exceeding £5 for killing game without a 
 certificate." 
 
 Digitized by Microsoft® 
 
300 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 GAME — continued. 
 
 VI. Buying, &c. unlawfully — continued. 
 
 S2. Buying, 
 
 or 
 
 33. Selling, 
 
 any bird of game after the expiration of 10 days (one inclusive 
 and the other eKclusive) from the respective days in each year 
 on which it shall become unlawful to kill or take such birds of 
 game, 
 
 or 
 
 34. Knowingly having in his house, possession or control, any bird of 
 
 game (except birds of game kept in a mew or breeding place), 
 after the expiration of 40 days (one inclusive and the other exclu 
 sive)from the respective days, &c. (as Offence 33); (see "Killing 
 out of Season," Offences 23 to 28 ). 
 
 VII. Offences by Licensed Dealers, &c. 
 
 35. Buying or obtaining, 
 
 any game from any person not authorized to sell game for want 
 of a game certificate, or for want of a licence to deal in game, 
 or 
 
 36. Selling or offering for sale, 
 
 any game at his house, shop or stall, without board required 
 being then affixed to outside of house, &c. 
 or 
 
 37. AfBxing, or causing to be affixed, 
 
 board to more than one house, &c. 
 or 
 
 38. Selling any game at any place other than house, &c. where board 
 
 affixed. 
 
 39. Buying, 
 
 or 
 
 40. Selling, 
 
 or 
 
 41. Knowingly having in his house, shop, stall, possession or control, 
 
 any bird of game, after the expiration of 10 days (one inclusive 
 and the other exclusive) from the respective days in each year 
 (see Offences 23 to 28) on which it shall become unlawful to 
 kill or take such birds of game. 
 
 42. Any person, not being duly licensed to deal in game, assuming or 
 
 pretending so to be, by affixing board, or by exhibiting any certi 
 iicate, or by any other device or pretence. 
 
 VIII. Offences by Occupiers. 
 
 43. Pursuing, killing or taking, 
 
 any game upon his land (where the landlord, &c. has the right 
 by reservation or under this act {Note 109, post, p. 302), to the 
 game in exclusion of the occupier), without authority of land- 
 lord, &c. 
 
 or 
 
 44. Giving permission to any other person so to do, without authority of 
 
 landlord, &c. {Note 110, post, p. 302). 
 
 1 & 2 Will. 4, 
 c. 32, s. 4 
 {Note 95). 
 
 Id. s. 28. 
 
 Id. s. 4. 
 
 Id. s. 28. 
 
 Id. ». 12. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 GAME. 
 
 301 
 
 Time of laying 
 
 Infurmation, 
 
 'Sec, 
 
 32\ Within 
 34/ 3 cal. m. 
 (s. 41, 
 Note 96). 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Two. 
 
 35 > 
 38 i 
 
 Id. 
 
 Two. 
 
 39 \ Id. 
 41/ 
 
 42 Id. 
 
 431 Id. 
 
 43 \ 
 44/ 
 
 PeDalty, Sec, 
 
 . and. 
 
 Mode of enforcing. 
 
 Two. 
 
 Not exceeding £1 for every head 
 of game so bought or sold, or 
 found (s. 4);— imprisonment in 
 default of payment, as Offences 
 35 to 38, infra. 
 
 If Ap- 
 peal, and 
 Time, 
 Sec 
 
 Yes 
 (s. 44, 
 Note 
 
 97)- 
 
 Two. 
 
 Two. 
 
 Not exceeding £10 (s. 28);— on 
 conviction, licence becomes void 
 (s. 22) ; — in default of payment, 
 imprisonment with or without 
 hard labour, for not exceeding 2 
 cal. months, where amount to be 
 paid, exclusive of costs, shall not 
 amount to £5 ; — and not ex 
 ceeding 3 calendar months in any 
 other case, unless sooner paid 
 (s. 38). 
 
 Not exceeding £1 for every head 
 of game so bought or sold, or 
 found (s. 4) ; — imprisonment in 
 default of payment, as Offences 
 35 to 38, supra. 
 
 Not exceeding £10 (s. 28);— impri- 
 sonment in default of payment, 
 as Offences 35 to 38, supra. 
 
 Not exceeding £2 for the pursuit, 
 and for every head of game killed 
 or taken not exceeding £1 (s. 12); 
 — imprisonment in default, as 
 Offences 35 to 38, supra. 
 
 Id. 
 
 Penalty, &c 
 to whom 
 payabie. 
 
 Half to inf. 
 
 and half to 
 
 overseers 
 
 for CO. rate 
 
 (5 &6 
 
 Will. 4, 
 
 c. 20, S.21). 
 
 Id. 
 
 Pae:e, Sec 
 
 of 
 Formuilst. 
 
 Nos. 
 23, 24, 
 p. 120. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Nos. 
 25—28, 
 p. 120. 
 
 No. 29, 
 
 pp. 
 120, 121. 
 
 No. 30, 
 p. 121. 
 
 Nos. 
 31, 32, 
 p. 121. 
 
 Digitized by Microsoft® 
 
302 
 
 Summary Convictions. 
 
 [PAHT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 G A ME — continued. 
 
 IX. Night Poaching (Note 111). 
 
 45. Any person, by night, unlawfully taking or destroying 
 
 any game or rabbits, in any land whether open or inclosed, 
 [or 
 
 46. On any public road, highway, or path, or the sides thereof, or at the 
 
 openings, outlets or gates from any such land ikito any such public 
 road, highway or path (7 & 8 Vict. c. 29, s. 2, Note 112)], 
 or 
 
 47. By night unlawfully entering or being 
 
 on any land, whether open or inclosed, with any gun, net, 
 engine or other instrument, for the purpose of taking or destroy- 
 ing game there {Note 113). 
 
 GAMING HOUSES {Note 117). 
 
 1. Keeping common.] The owner or keeper of any common gaming 
 house {Note 118), and every person having the care or manage- 
 ment thereof, and also every banker, croupier or other person 
 acting in any manner in conducting the business of any common 
 gaming house. \^Summar)/ or T)idictable.'\ 
 
 109 Landlord and Tenant's Rights to Game.'] By s. 7 the landlord under existing leases 
 (made before 1st October, 1831) shall have the game, except in three cases : 
 
 1st. Where the right was by the lease or agreement expressly given to the tenant. 
 
 2nd. Where a fine was paid at the granting or renewal of the lease or Jigreement 
 
 3rd. Where the term granted exceeded twenty-one years. 
 
 With respect to leases made after the 1st October, 1831, the relative right of landlord 
 and tenant is not affected, and remains as it was before the passing of the act, i. e. the 
 tenant has the right of sporting, if not expressly reserved by the landlord. (See Locke on 
 iJie Game Laws, Srd edit, 14, 15.) The 7th section refers only to game, and where by the 
 operation of that section the game is transferred from the tenant to the landlord, the wood- 
 cocks, snipes, rabbits, &c. are not also transferred ; and therefore in those cases the tenant 
 still has the right of killing and taking them. {Id.) Fide Note 100, ante, p. 294. 
 
 110 The person availing himself of this permission is liable to be proceeded against 
 for Oflfences 1 or 2, amte, p. 290. 
 
 111 Definition of Night-time.] The night-time is defined by s. 12 to be from the expi- 
 ration of the first hour after sunset until the beginning of the last hour before sunrise. 
 
 112 Observation.] It will be observed, that having a gun, &c. on a road, &c. for the 
 purpose of taking &c. game, would not be an offence under this sectior^. 
 
 113 Rabbits.] It is no offence under this section to be by night on land, whether open 
 or inclosed, with any gun, &e. for the purpose of taking or destroying rabbits ; nor could 
 the patties be proceeded against for a trespass, under the 30th sect, of 1 & 2 Will. 4, c. 32, 
 (Offences 1, 2, ante, p. 290), for that extends only to the day-lime. The definition of "game" 
 is, by the 9 Geo. 4, c. 69, s. 12, the same as under the 1 & 2 Will. 4, c. 32 j see Note 94- 
 
 114 Apprehension.] Offenders found committing offences may be apprehended by the 
 owner or occupier, or the lord of the manor, or their gamekeeper or servant, on the land, 
 without warrant, and delivered to a constable to be taken before a justice (9 Geo. 4, c. 69, 
 s. 2 i 7 & 8 Vict. c. 29, s. 2. 
 
 Digitized by Microsoft® 
 
GAME— GAMING-HOUSES. 
 
 303 
 
 Time of laying 
 
 InformBtlon, 
 
 Sic 
 
 45 ^ On oath 
 
 47 J (s- 3). and 
 
 within 6 
 
 cal. m. 
 
 (s.34, 
 
 Note 114). 
 
 1 Within 
 6 cal. m. 
 (11 & 12 Vict, 
 c. 43, s. 11). 
 
 Number 
 
 and what 
 
 Justices to 
 
 convict. 
 
 Two. 
 
 Two. 
 
 Pen^lly.&c. 
 
 and 
 
 Mode of enforcing. 
 
 1st Offence. Impr., with h. l.for not 
 exc. 3 cal. m., — and at the expi- 
 ration thereof to find sureties, 
 himself in jglO, and two sureties 
 in £5 each, — or one in £10,— not 
 so to offend again for one year 
 (from the expiration of impr.); 
 and in case of not finding sureties, 
 further impr. and h. 1. for 6 cal. m. 
 unless sooner found (s. 1 ). 
 
 2nd Offence (NotellQ). Double the 
 impr., and sureties, and impr. in 
 default of sureties for one year 
 (s. 1). 
 
 3rd Offetice. An indictable misde- 
 meanor. 
 
 Forfeit, besides any penalty or pu- 
 nishment liable to under the 33 
 Hen. 8, c. 9, not more than aglOO ; 
 — or, at discretion, impr. with or 
 without h. 1. for not more than 6 
 cal. m. If penalty adjudged not 
 paid with costs, levied by dis- 
 tress (s. 4) ; — in default, not exc. 
 3 cal. m. impr., unless sooner 
 paid (11 & 12 Vict c. 43, s. 22). 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Yes 
 (s. 6, 
 
 Note 
 
 115). 
 
 Yes 
 (s. 20, 
 
 Note 
 
 119)- 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Treasurer 
 of county, 
 
 &c. 
 not being 
 applied by 
 
 the act 
 (see ante, 
 
 p. 190). 
 
 Page, &c. 
 of 
 
 FormuliJit. 
 
 Nog. 
 34-38, 
 
 pp. 
 122, 123, 
 Recogni- 
 zance, 
 
 &c. 
 p. 123. 
 
 No. 1, 
 p. 124. 
 
 115 -Appeal.} The s. 6 of the 9 Geo. 4, c. 69, here referred to, is a precisely similar 
 clause to 1 & 2 Will. 4, c. 32, s. 44, set out in Note 97. a«^«. P- 293. 
 
 116 Evidence of Conviction.^ A copy of the record of the conviction is evidence on a 
 prosecution for a 2nd or 3rd offence (s. 8). The recognizance may be before one justice. 
 
 117 Warrant to enter."] Sect. 3 authorizes the justice to issue a special warrant (of 
 which a form is given (vide Oke's " Formulist," 2nd edit., p. 439), on complaint on oath 
 that there be reason to suspect any house, room or place to be kept or used as a common 
 gaming house, to enter such house and to arrest all persons found therein, to be dealt 
 with according to law. 
 
 118 Evidence of what is a Gaming House."] Sect. 2 of the 8 & 9 Vict. c. 109, defines 
 what shall be deemed to he a common gaming house, by enacting that proof that a house 
 or place is kept or used for playing at any unlawful game, and that a bank is kept there 
 by one or more of the players exclusively of the others, or that the chances of any game 
 played are not alike favourable to all the players, shall be sufficient evidence. By s. 2 of 
 the 17 & 18 Vict. t. 38, where any constable is wilfully prevented from, or obstructed in, 
 entering any house, room, or place, — or where any door is found to be fitted or provided 
 with bolts, &c. fot the purpose of preventing, delaying or obstructing the entry therein of 
 any constable, or for giving an alarm of such entry,-— or if the house, &c. is provided With 
 means ifor unlawful gaming, or contrivances for concealing &c. any instruments of gaming, 
 — it shall be Sufficient evidence that the house is used as a common gaming house Within 
 the meaning of this and former acts. 
 
 119 Appeal.] By8 & 9 Vict. c. 109, s. 20, — "any person who shall be sutumarilyconvicted 
 under this act, may appeal to the next general or quarter session of the peace to be holden ' 
 for the county or place Wherein the cause of complaint shall have arisen,^provided that 
 such pelrson at the time of the conviction, or within forty-eight hours theyeafter, shall enter 
 into a recognizance, with two sufficient sureties, conditioned personally to appear at the 
 said session to try such appeal, and to abide the further judgment of the court at such 
 
 Digitized by Microsoft® 
 
304 
 
 Summary Convictions. 
 
 [PABT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 GAMING HOUSES— conWnMerf. 
 
 2. Any person, — being the owner or occupier, or having the use of any 
 
 house, rbom or place, — who shall open, keep or use the same for 
 
 the purpose of unlawful gaming being carried on therein, 
 
 or 
 
 3 Any person who, being the owner or occupier of any house or room 
 
 shall knowingly and wilfully permit the same to be opened, kept 
 
 or used by any other person for the purpose aforesaid, 
 
 or 
 
 4. Any person having the care or management of, or in any manner 
 
 assisting in conducting the business of any house, room or place 
 opened, kept or used for the purpose aforesaid, 
 or 
 
 5. Furnishing Money for Gaming.l Any person who shall advance or 
 
 furnish money for the purpose of gaming with persons frequenting 
 such house, room, or place. 
 
 6. Obstructing Entry of Constables.J Any person who shall wilfully pre- 
 
 vent any constable or officer authorized under the 8 & 9 Vict 
 
 t. 109, to enter any house, room or place, from entering the same 
 
 or any part thereof, 
 
 or 
 
 7. Who shall obstruct or delay any such constable or officer in so 
 
 entering, 
 
 or 
 
 8. Any person, who, by any bolt, bar, chain or other contrivance, shall 
 
 secure any external or internal door of or means of access to any 
 house, room or place so authorized to be entered, 
 or 
 
 9. Shall use any means or contrivance whatever for the purpose of pre- 
 
 venting, obstructing or delaying the entry of any constable or 
 officer authorized as aforesaid into any such house, room or place, 
 or any part thereof. 
 
 10, Persons apprehended giving False Names-I If any person found in 
 any house, room or place entered by any constable or officer autho- 
 rized as aforesaid to enter the same, upon being arrested by any 
 such constable or officer, or upon being brought before any jus- 
 tices, on being required by such constable or officer or by such 
 justices to give his name and address, shall refuse or neglect to 
 give the same, or shall give any false name or address. 
 
 17 & 18 Vict, 
 c. 38, s. 4. 
 
 Id. s. 1. 
 
 Id. s. 3. 
 
 session, and to pay such costs as shall be by the last-mentioned court awarded, — and it 
 shall be lawful for the magistrate or justices by whom such conviction shall have been 
 made, to bind over the witnesses who shall have been examined, in sufficient recognizances, 
 to attend and be examined at the hearing of such appeal j— and that every such witness, 
 on producing a certificate of being so bound, under the hand of the said magistrate or jus- 
 tices, shall be allowed compensation for his or her time, trouble and expenses in attend- 
 ing the appeal, which compensation shall be paid in the first instance by the treasurer of 
 the county or place, in like manner as in cases of misdemeanor, under the provisions of 
 Stat. 7 Geo. 4, c. 64 ; — and in case the appeal shall be dismissed, and the order or convic- 
 tion affirmed, the reasonable expenses of all such witnesses attending as aforesaid, to be 
 ascertained by the court, shall be repaid to the said treasurer by the appellant." 
 
 120 ^I'O to prosecute — Neglect of Prosecutor to proceed^] Sect. 9 is a similar enactment 
 
 Digitized by Microsoft® 
 
CHAP, ri.] 
 
 GAMING HOUSES. 
 
 305 
 
 Time o£ laying 
 
 Information. 
 
 clic. 
 
 2\ Within 
 
 5) 6 cal. m. 
 
 (11 & 12 Vict 
 
 c. 43, s. 11, 
 
 Notel20). 
 
 Id. 
 
 10 
 
 Id. 
 
 Number 
 and what 
 Juetlces £0 
 convict. 
 
 Two 
 
 (Note 
 
 121). 
 
 Id. 
 
 Id. 
 
 Penalfy, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Not exceeding £500 and cojts; — or, 
 at discretion of justices, impr. 
 with or without h. 1. for not exc. 
 12 cal. m. (s. 4);— if penalty or 
 costs adjudged not paid, to be 
 levied by distress (s. 7); — and in 
 default, impr. with or without 
 h. 1. for not exc. 12 cal. m. (s. 4) ; 
 ^ — and if offender committed to 
 * prison for default of penalty and 
 costs, the costs alone may be 
 levied (s. 7). 
 
 Not exc. £100 and costs; — or, at 
 discretion of justices, impr. with 
 or without h. 1. for not exc. 6 cal. 
 m. (s. 1); — if penalty or costs ad- 
 judged not paid, to be levied by 
 distress (s. 7); — and in default, 
 impr. with or without h. 1. for 
 not exc. 6 cal. m. (s. 1) ; — and if 
 offender committed to prison for 
 such default of penalty and costs, 
 the costs alone may be levied 
 (s. 7). 
 
 Not exc. £50 and costs ; — or, if jus- 
 tices seem fit, impr. for not exc. 
 one month (s. 3) ;— if penalty or 
 costs not paid, to be levied by 
 distress (s. 7); — and in default, 
 impr. for not exc. 1 m. (s. 3); — 
 and if offender committed to pri 
 son for such default of penalty 
 and costs, the costs alone may be 
 levied (s. 7). 
 
 If Ap- 
 peal, arid 
 Time, 
 &c. 
 
 Yes 
 (s. 10, 
 
 Note 
 
 122). 
 
 One half to 
 informer, 
 remaining 
 half in aid 
 
 of poor rate 
 (s. 8). 
 
 Id. 
 
 Id. 
 
 Penalty* &cc. 
 to whom 
 payable. 
 
 Id. 
 
 Id. 
 
 Page, Sec 
 of 
 
 Formulifit. 
 
 No. 2, 
 p. 124. 
 
 No. 3, 
 p. 124. 
 
 to sect. 10 of the Betting Houses Act, 16 & 17 Vict. •;. 119, set out in Note iQ, ante, 
 p. 246. 
 
 121 Enactment^] By s. 5, justices may require any persons brought before them, 
 having been found in any house, &c. entered in pursuance of the 8 & 9 Vict c. 109, or this 
 act, to be examined on oath and give evidence touching any unlawful gaming therein, &c., 
 and on refusal of such- person to make oath or to answer questions, he may be dealt with 
 as other witnesses are dealt with (see s. 7 of 11 & 12 Vict. c. 43, ante, p. 122). But by 
 s. 6, persons required to be examined as witnesses, and making a full discovery, are to be 
 freed from all penalties. 
 
 122 Appeal — Binding over Witnesses — Costs.} This is a similar clause to s. 13 of the 
 Betting Houses Act, 16 & 17 Vict. c. 119, set out in Note 41, anie, p. 247. 
 
 O.S. X 
 
 Digitized by Microsoft® 
 
S06 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 GAMING nOVS^S— continued. 
 
 11. Keeping without Licence.'] Keeping any public billiard table or baga- 
 
 telle board, or instrument used in any game of the like kind, for 
 public use without being duly licensed so to do, and not holding a 
 victualler's licence (JVo<e 123). for the house or premises where 
 such table, &c. is kept or used. 
 
 12. Board to be up.'\ Person licensed for billiards not putting and keeping 
 
 up the words " Licensed for Billiards" (see Offence No. 13). 
 
 13. Offences against Tenor of Licence.'] Not putting and keeping up the 
 
 words "Licensed for Billiards" legibly printed in some con- 
 spicuous place near the door and on outside of house, 
 or 
 
 14. Wilfully or knowingly permitting drunkenness or other disorderly 
 
 conduct in house, 
 or 
 
 15. Knowingly allowing the consumption of exoiseable liquors therein by 
 
 the persons resorting thereto, 
 or 
 
 16. Knowingly suffering any unlawful games therein {Note 3) ante^ 
 
 p. 218), 
 
 or 
 
 17. Knowingly suffering persons of notoriously bad character to assemble 
 
 and meet together therein, 
 
 or ^ 
 
 18. Opening house for play, or allowing any play therein, 
 
 after 1 and before 8 o'clock a.m. 
 or 
 
 19. Keeping open, or allowing any play therein, 
 
 on Sundays, Christmas Day or Good Friday, or any day ap- 
 pointed for a public fast or thanksgiving, 
 or 
 
 20. Not maintaining good order and rule therein. [Fide Mem. to Of- 
 
 fence 9, title " Alehouses," ante, p. 220.] 
 
 21. Hours.] Person keeping any public table, &c. whether licensed or 
 
 not, allowing any person to play at such table, &c. after 1 and 
 before 8 a.m. of any day, 
 or 
 
 22. At any time on Sundays, Christmas Day or Good Friday, or on any 
 
 day appointed to be kept as a public fast or thanksgiving, 
 or 
 
 23. Alehouse keeper allowing any person to play at such table, 8ic. kept 
 
 on the premises specified in his alehouse licence, at any time 
 when such premises are not by law allowed to be open for the sale 
 of wine, spirits or beer, or other fermented or distilled liquors. 
 [See title " Alehouses,'' ante, pp. 218—224, Offences Nos. 7, 8, 14, 
 20, 21, 22, and 24-26.] 
 
 8 & 9 Vict, 
 c. 109, s. 11. 
 
 Id. ss. 10, 12 
 (Note 124). 
 
 Id. 
 
 Id.s. 13. 
 
 123 Observation,] This would imply that an alehouse keeper is not required to take 
 out a billiard or bagatelle licence ; and it is questionable whether a beerhouse keeper also 
 would be liable for' suffering either bagatelle or billiard playing in the licensed premises 
 gince the passing of the 8 & 9 Vict, u, 109, s. 11 (see Note 3, ante, p. 218, tit. "Alehouses.") 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 GAMING HOUSES. 
 
 307 
 
 Time of laying 
 
 Number 
 and what 
 Jimtices to 
 
 Penalty, &c. 
 and 
 
 If Ap- 
 peal, and 
 
 Penalty, &c. 
 to whom 
 
 Page, ic. 
 of 
 
 »IC. 
 
 coovlct. 
 
 Mode ofeaforcing^. 
 
 &c. ' 
 
 pajable. 
 
 Formulijtt. 
 
 11 J Within 6 
 
 Two. 
 
 Liable to be proceeded against as 
 
 Yes 
 
 Treasurer 
 
 No. 4, 
 
 12 \ cal. m. 
 
 
 for Offence No. 1, and besides the 
 
 (s. 20, 
 
 of county, 
 
 p. 124. 
 
 (11 & 12 Vict. 
 
 
 penalty for that offence, to pay 
 
 Note 
 
 Sic, not 
 
 
 u. 43, s. 11). 
 
 
 not more than iglO for every day 
 on which table, &c. used ; — Or, 
 at justices' discretion, impr. with 
 or without h. 1. for not more than 
 1 cal. m.— Penalty recovered as 
 Offence No. 1. 
 
 119). 
 
 being ap- 
 plied by 
 the act (see 
 ante, 
 p. 190). 
 
 
 13 ) Id. 
 17 i 
 
 Two 
 
 The penalties for a 1st, 2nd or 3rd 
 
 Yes 
 
 Not exceed- 
 
 " Ale- 
 
 of the 
 
 offence, and the manner of reco- 
 
 (and 
 
 ing half to 
 
 houses," 
 
 
 division 
 
 vering the same, are the same as 
 
 s. 27 of 
 
 prosecutor 
 
 pp. 
 
 
 where 
 
 for offences against the tenor of 
 
 9 Geo. 
 
 (if justices 
 
 65, 66. 
 
 
 house 
 
 an alehouse licence. See Of- 
 
 *,c.61, 
 
 think fit). 
 
 
 
 situate. 
 
 fences, Nos. 1 to 9, tit "Ale- 
 
 Note 
 
 and re- 
 
 
 
 
 houses," ante, pp. 219, 221, and 
 
 124 
 
 mainder to 
 
 
 
 
 Note 124- 
 
 and 
 Note 5, 
 
 ante, 
 p. 220). 
 
 CO. treas. 
 (s. 26 of 
 9 Geo. 4, 
 
 c. 61, 
 NotelZO). 
 
 
 181 Id. 
 20/ 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 " Ale- 
 
 
 
 
 
 houses," 
 p. 66. 
 
 21\ Id. 
 
 23j' 
 
 Id. 
 
 Liable to the penalties provided in 
 
 Yes 
 
 Treasurer 
 
 
 
 the case of persons keeping such 
 
 (s. 20, 
 
 of county. 
 
 
 
 table, &c. for public use without 
 
 Note 
 
 &c., not 
 
 
 
 
 licence (s. 13). Offences Nos. 
 
 119). 
 
 being 
 
 
 
 
 11, 12. 
 
 
 applied by 
 
 
 
 
 [Mem. Sect. 13 also states that the 
 
 
 act (see 
 
 
 
 
 , keeping of the same open, whether a 
 
 
 ante. 
 
 
 
 
 house licensed under that act, or a 
 
 
 p. 190). 
 
 
 
 
 billiard room specified in a victual- 
 
 
 
 
 
 
 ler's licence, or allowing any person 
 
 
 
 
 
 
 to play therein or thereat, at the 
 
 
 
 
 
 
 times, \c. when not allowed, " shall 
 
 
 
 
 
 
 be deemed in each case an offence 
 
 
 
 
 
 
 against the tenor of the licence of 
 
 
 
 
 
 
 the person so offending.] 
 
 
 
 
 124 Application of Provisions of Alehouse Act hereto.-] The provisions of the 9 Geo 4, 
 c. 61, as to the proceedings and penalties and recovery, &c. are by sect. 12 of the 8 & 9 
 Vict. c. 109, to apply to offences against the tenor of a bilhard licence. 
 
 Digitized by Microsoft® 
 
308 
 
 Summary Convictions. 
 
 [PAKT 
 
 Offences mithin the 11 & 12 Vict. c. 43. 
 
 ■ statute. 
 
 GAMING HOUSES -contmwerf. 
 
 
 24. Alehouse keeper, or person licensed for billiards, refusing to admit, 
 or not admitting, 
 
 constable or officer of police into any house, room or place 
 where any public table or board is kept for playing at billiards, 
 bagatelle, or any game of the like kind, when and so often as 
 they shall think proper. [See tit " Alehouses," Offences 23, 
 28, p. 224, also.] 
 
 8 & 9 Vict. 
 c. 109, s. 14 • 
 {Note 124). 
 
 GAOLS AND HOUSES OF CORRECTION. 
 
 
 1. Any person, in contravention of existing rules, carrying or bringing, 
 
 4 Geo. 4, c. 64, 
 s. 40. 
 
 or 
 
 2. Attempting or endeavouring to carry or bring, 
 
 into any prison to which this act shall extend, any spirituous or 
 fermented liquor. 
 
 
 3. Any gaoler or keeper of any prison selling, using, lending or giving 
 
 away, 
 
 or 
 
 4. Knowingly permitting or suffering to be sold, used, lent, or given 
 
 away, 
 
 in such prison, 
 or 
 
 5. Brought into the same, 
 
 any spirituous or fermented liquors, in contravention of existing 
 rules of such prison. 
 
 Id. 
 
 6. Any person conveying, 
 
 or 
 
 7. Attempting, by throwing over the wall or other means, to introduce 
 
 into any prison any letters, tobacco, or other articles not allowed 
 by rules. 
 
 [Mem. Offender may be apprehended without warrant.^ 
 
 2 & 3 Vict. 
 u. 56, s. 22. 
 
 8. Assaulting, 
 
 or 
 
 5 & 6 Vict, 
 c. 98, s. 25. 
 
 9. Violently resisting, 
 
 any officer of a prison in the execution of his ^uty. 
 
 
 10. Aiding or inciting any person so to do. 
 
 
 125 Appeal] By 4 Geo. 4, c. 64, s. 71,—" if any person shall think himself or herself 
 aggrieved by any conviction of any justice, in pursuance of this act, such person may 
 appeal to the justices of the peace at any quarter sessions of the county, riding, division, 
 district, city, town or place wherein such conviction shall have taken place,, within four 
 calendar months after the cause of such complaint shall have arisen, — such appellant first 
 giving or causing to be given ten clear days notice at least, in writing, of his or her 
 
 Digitized by Microsoft® 
 
CHAP. ii.J GAMING HOUSES-GAOLS, &c. 
 
 309 
 
 Time of laying 
 Inforiuation, 
 
 SiC 
 
 Number 
 
 and what 
 
 Justices to 
 
 couvlct. 
 
 Penalty, &c. 
 
 una 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, end 
 Time, 
 
 Penalty, ice. 
 to whom 
 payable. 
 
 Page, &c. 
 
 of 
 Formulisl. 
 
 24 Within 
 
 Two of 
 
 Respectively to be deemed guilty 
 
 Yes 
 
 Treas. of 
 
 "Ale- 
 
 6 cal. m. 
 (11 & 12 Vict, 
 c. 43, =. 11). 
 
 the divi- 
 
 of an offence against the tenor oi 
 
 (s. 20), 
 
 CO. &c., not 
 
 houses,^^ 
 
 sion 
 
 his licence (s. 14), and punishable 
 
 {Note 
 
 being ap- 
 
 p. 66. 
 
 where 
 
 as Offences Nos. 13 to 17 under 
 
 119), 
 
 plied by act 
 
 
 
 house 
 
 this title, in the same manner as 
 
 or as 
 
 (see ante, 
 
 
 
 situate. 
 
 in title " Alehouses," Offences 
 
 Of- 
 
 p. 190, or as 
 
 
 
 
 Nos. 1 to 9, ante, pp. 219, 221. 
 
 fences 
 Nos. 
 13 to 
 
 Offences 
 Nos.l3tol7, 
 if alehouse 
 
 
 
 
 
 17. 
 
 keeper the 
 offender). 
 
 
 1\ Gaoler, &c. 
 2/ to appre- 
 
 One. 
 
 Imprisonment for not exceeding 3 
 
 Yes 
 
 One moiety 
 
 No. 1, 
 
 
 calendar months, unless he imme- 
 
 (s. 71, 
 
 to inf., and 
 
 p. 124. 
 
 hend of- 
 
 
 diately pays down not exceeding 
 
 Note 
 
 the rem. in 
 
 
 fender and 
 
 
 £20 nor less than £10 (s. 40). 
 
 125). 
 
 aid of rate 
 
 
 convey be- 
 fore a jus- 
 
 
 
 
 applied to 
 main- 
 
 
 tice. 
 
 
 
 
 tenance of 
 
 such prison 
 
 (s. 40). 
 
 
 3\ Within 
 5/ 6 cal. m. 
 
 One. 
 
 Forfeit, over and above any other 
 
 Id. 
 
 Treasurer 
 
 No. 3, 
 
 
 punishment bv this act enacted. 
 
 
 of county. 
 
 p. 125. 
 
 (11 & 12 Vict 
 
 
 the sum of £26(s. 40),— levied by 
 
 
 and applied 
 in aid of 
 
 
 u. 43, ». 11). 
 
 
 distress ; — if insufficient, impri- 
 
 
 
 
 
 sonment for not more than 6, cal. 
 
 
 county rate 
 
 
 
 
 months nor less than 1, unless 
 
 
 (s. 69). 
 
 
 
 
 sooner paid (s. 69). 
 
 
 
 
 6\ Id. 
 
 7/ 
 
 One. 
 
 Forthwith imprisonment with or 
 
 No. 
 
 Towards 
 
 No. 5, 
 
 
 without hard labour for not ex- 
 
 
 expenses of 
 
 p. 125. 
 
 
 
 ceeding 1 calendar month, unless 
 
 
 main- 
 
 
 
 
 he immediately pays down not 
 
 
 tenance of 
 
 
 
 
 exceeding £b nor less than 40s. 
 
 
 the prison 
 
 
 
 
 (s. 22). 
 
 
 (s. 22). 
 
 
 8\ On oath, 
 lOJ and within 
 
 Two. 
 
 Not more than £5; — leviable by 
 
 No. 
 
 Treasurer 
 
 No. 7, 
 
 
 distress if not forthwith paid ; — 
 
 
 of county, 
 
 p. 125. 
 
 6 cal. ra. 
 
 
 or, at justices' discretion, impr. 
 
 
 &c.. 
 
 
 (11 & 12 Vict. 
 
 
 with or without hard labour for 
 
 
 not being 
 
 
 c.43,s. 11). 
 
 
 not exc. 1 cal. m. Or if offender 
 already under sentence of impr., 
 then for not exc. 6 cal. months in 
 addition to unexpired term of 
 original sentence (s. 25). 
 
 
 applied by 
 the act 
 
 (see ante, 
 p. 190). 
 
 
 intention to bring such appeal, and of the matter thereof, to the justice or justices before 
 y^hom the conviction shall have been had, and to the clerk of the peace for the county, &c. 
 in which such conviction shall have been had, — and within two days after such notice, 
 entering into recognizance before some justice for such county, &c., with two sufficient 
 sureties, conditioned to try such appeal, and abide the order of, and to pay such costs aS 
 shall be awarded by, the justices at such session ; — and the justices at such session, lipori 
 
 Digitized by Microsoft® 
 
310 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 GAS-WORKS {,Notel2Q)- 
 
 1. Fraudulently using the GasJ] Every_person who shall Ifiy or cause to 
 
 be laid any pipe to communicate with any pipe belonging to the 
 undertakers without their consent, 
 or 
 
 2. Shall fraudulently injure any meter, 
 
 or 
 
 3. Who, in case the gas supplied by the undertakers Is not ascertained 
 
 by meter, shall use any burner other than such as has been pro 
 vided or approved of by the undertakers, or of larger dimensions 
 than he has contracted to pay for, 
 or 
 
 4. Shall keep the lights burning for a longer time than he has con- 
 
 tracted to pay for, 
 or 
 
 5. Who shall otherwise improperly use or hum such gas, 
 
 or 
 
 6. Shall supply any other person with any part of the gas supplied to 
 
 him by the undertakers. 
 
 7. Wilfully damaging Pipes.'] Every person who shall wilfully remove, 
 
 destroy or damage any pipe, pillar, post, plug, lamp or other work 
 of the undertakers for supplying gas, 
 or 
 
 8. Who shall wilfully extinguish any of the public lamps or lights, 
 
 or 
 
 9. Waste or improperly use any of the gas supplied by the undertakers, 
 
 10. Accidentally damaging Pipes.'] Every person who shall carelessly or 
 accidentally break, throw down or damage any pipe, pillar or lamp 
 belonging to the undertakers, or under their control. 
 
 11. Hindering officer of undertakers from entering and making inspec- 
 
 tion of meters, &c., and ascertaining quantity of gas consumed. 
 
 12. Offences by Company.] Allowing escape of gas after notice. 
 
 10 
 
 13. Allowing water to be fouled by their gas. 
 
 & 11 Vict 
 IS, ». 18. 
 
 Id. s. 19. 
 
 Id. s. 20. 
 
 Id. s. 15. 
 Id. s. 24. 
 
 Id. s. 25. 
 
 due proof of such notice being given as aforesaid, and of the entering into such recognizance, 
 shall hear and finally determine the matter of such appeal in a summary way, and award 
 such costs to the party appealing or appealed against as they the said justices shall think 
 proper ; — and the determination of such sessions shall be final, binding and conclusive 
 to all intents and purposes." 
 
 126 To what Places the Act 10 S; 11 Vict. c. 15 applies— Incorporated Provisions as to 
 Recovery of Penalties — Appeal.] The offences under this title are enacted by "The Gas- 
 Works Clauses Act, 1847," which extends " only to such Gas-Works as shall be authorized 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 GAS-WORKS. 
 
 311 
 
 Time of laying 
 [nforniiitloD. 
 
 lie. 
 
 1 \ Within 6 
 6/ cal. months 
 (8 8e 9 Vict, 
 c. 20, ss. 3, 
 
 151, 
 Note 126> 
 
 1} 
 
 Id. 
 
 Number 
 and what 
 JuBticei- to 
 
 convict. 
 
 Two 
 (8 & 9 
 
 Vict. 
 
 t. 20, 
 =. 145, 
 
 Note 
 
 126). 
 
 Id. 
 
 ID Id. 
 
 11 Id. 
 
 12 Id. 
 
 13 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 £S, and also 40s. for every day such 
 pipe shall so remain, or such 
 worlcs or burner shall be so used, 
 or such excess be so committed 
 or continued, or such supply fur- 
 nished j — and the undertakers 
 may take off the gas from the 
 house and premises of the of- 
 fender, notwithstanding any pre- 
 vious contract (s. 18). — Penalty 
 to be levied by distress (8 & 9 
 Vict c. 20, s. 146) ; if distress 
 insufBcient, offender to be im- 
 prisoned without bail for not ex- 
 ceeding 3 [calendar, s. 3] months, 
 unless sooner paid (s. 147, Note 
 
 126)- 
 
 Not exceeding £5, in addition to 
 the amount of tlie damage done 
 (s. 19) ; — recovered as in Offences 
 1 — 6, supra. 
 
 Such sum of money by way of satis- 
 faction for the damage done, not 
 exc. £5, as the justices shall think 
 reasonable (s. 20) ;— recovered as 
 in Offences 1—6, supra. 
 
 Id. [Not exceeding £5 (s. 15) ;— reco- 
 vered as Offences 1 — 6, supra. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Yes 
 (8&9 
 
 Vict, 
 c. 20, 
 s. 157, 
 
 Note 
 
 126). 
 
 Id. 
 
 £5 per day, (s. 24);— recovered 
 in Offences 1-6, supra. 
 
 Not exc. £20, and not exc. £10 per 
 day during continuance of offence 
 (s. 25) i —recovered as in Offences 
 1 — 6, supra. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 To the 
 
 undertakers 
 
 (10 & 11 
 
 Vict. c. 15, 
 
 =. 18). 
 
 Ponalty, &c. 
 to whom 
 payable. 
 
 Id. (s. 19). 
 
 of 
 
 Formalist. 
 
 Id. (s. 20). 
 
 Id. 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 (Notel2Q). 
 
 Id. 
 
 by any act of parliament hereafter to be passed which shall declare that this act shall be 
 incorporated therewith" (s. 1). Also, by s. 40, the provisions as to recovery of Penalties 
 contained in the 8 & 9 Vict. c. 20, are incorporated with 10 & 11 Vict. c. 15. '''rff Note 
 54, ar>te, p. 256, as to penalty on witnesses, and apprehension of transient offenders, and 
 mte 55, ante, ■p. 257, the requirements as to appeal, which therefore, are equally ap- 
 plicable here. The application of the penalties under this title, which are not specifically 
 applied by the 10 & 11 Vict o. 15, is under the 8 & 9 Vict. c. 20. s. 150. Their applicatipri 
 in the Metropolis is regulated by s. 43 of the 10 & 11 Vict c. 15. 
 Digitized by Microsoft® 
 
312 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 statute. 
 
 GAS-WORKS— confcacrf. 
 
 
 14. Omitting to prepare or send annual account of receipts and ej^pendi- 
 ture to the clerk of the peace for the county. 
 
 10 & 11 Vict, 
 c. 15, s. 38. 
 
 15. Failing to keep copies of their special act in their office, — or to de- 
 posit same with the clerk of the peace (see s. 45), 
 
 Id. s. 46.. 
 
 16. Delaying to reinstate streets, &c., broken up. 
 
 Id. s. 11. 
 
 GUNPOWDER. 
 
 
 1. Using any mill or other engine for making gunpowder without a 
 licence (grantable at sessions, a. 13). 
 
 12 Geo. 3, c. 61, 
 s. 1. 
 
 2. Using in the making of gunpowder any mill or engine worked with 
 a pestle. 
 
 Id. s. 2. 
 
 3. Making more than 40 lbs. of gunpowder at a time under a single pair 
 of millstones. 
 
 Id. s. 3. 
 
 4. Drying in one place or store more than 40 lbs. at one time. 
 
 Id. s. 6. 
 
 5. Keening in any corning house, &c. more gunpowder than is neces- 
 sary for the work then carrying on therein. 
 
 Id. B. 7. 
 
 6. Person keeping a mill not having a magazine from it for keeping 
 the gunpowdei: remaining. 
 
 Id. s. 8. 
 
 7. Maker of gunpowder keeping any charcoal within 20 yards of any 
 mill or other engine for making gunpowder, or of any drying 
 house, &c. 
 
 Id. =. 10. 
 
 8. Dealer in gunpowder keeping at one time more than 200 lbs. weight 
 thereof, — or, not ibeing a dealer, more than 50 lbs. — in any house, 
 &c. (see the sect, and sect. 12). 
 
 Id. s. IJ. 
 
 Digitized by Microsoft® 
 
CHAP. II.j 
 
 GAS-WORKS-GUNPOWDER. 
 
 313 
 
 Time of laying 
 InfonnatipDi 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 14 Within 6 
 
 cal. months 
 
 (8 & 9 Vict 
 
 c. 20, ss. 3, 
 
 151, Note 
 
 126). 
 
 15 
 
 16 
 
 Id. 
 
 Id. 
 
 1 Within 14 
 days (s. 27). 
 
 2 Id. 
 
 3 Id. 
 
 4 Id. 
 
 5 Id. 
 
 6 Id. 
 
 7 Id. 
 
 8 Id. 
 
 Two 
 (8 8£9 
 
 Vict. 
 
 c. 20, 
 s. 145, 
 
 Note 
 
 126). 
 Id. 
 
 Id. 
 
 Two 
 (s. 26). 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Penalty. &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 £20(s. 38);— recovered as in Of- 
 fences 1 — 6, supra. 
 
 £20, and also £5 per day after- 
 wards during which such copy 
 shall not be so kept or deposited 
 (s.46)i — recovered as in Offences 
 1 — 6, supra. 
 
 Not exc. £5, and also £5 per day 
 during continuance of delay (s. 
 11); — ^recovered as in Offences 
 1 — 6, supra. 
 
 Forfeit all gunpowder manufactured 
 and 2s. for each Ih. thereof (s. 1) ; 
 — levied by distress ;— and if in- 
 sufBcient, impr. with h. 1. for not 
 more than 6 m. nor less than 3 
 (s. 26). 
 
 The like (ss. 2, 26). 
 
 Forfeit all above 40 lbs. and 2s. for 
 each lb. (s. 3); — levied as ii 
 Offence No. 1. 
 
 The like (ss. 6, 26). 
 
 Forfeit all above necessary quan- 
 tity and 2s. for each lb. (s. 7); — 
 levied as in Offence No. 1. 
 
 £25 for every month, and £5 for 
 every day he neglects to remove 
 the gunpowder (s. 8);— levied, 
 &c. as in Offence No. 1. 
 
 ;5 for every week (s. 10) ; — ^levied, 
 &c. as in Offence No. 1. 
 
 Forfeit all beyond the quantity 
 allowed and 2s. for every lb. be- 
 yond (s. 11);— l&vied, &c. as in 
 Offence No. 1. 
 
 Yes 
 (8&9 
 
 Vict, 
 c. 20, 
 s. 157, 
 
 Note 
 
 126). 
 
 Id. 
 
 Id. 
 
 No. 
 
 No. 
 No. 
 
 No. 
 No. 
 
 No. 
 
 No. 
 No. 
 
 Penalty, &c. 
 to wnom 
 payable. 
 
 Page, Sec. 
 
 of 
 FormullEt. 
 
 Not exc. 
 half to inf. 
 and rem. to 
 
 overs, in 
 aid of poor 
 
 rate 
 LNote 126)- 
 
 Id. 
 
 To the per- 
 son having 
 the control 
 of the street. 
 &c. (s.ll). 
 
 Half to the 
 
 queen, half 
 
 to the in 
 
 former (i 
 
 26). 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Nos. 3, 4, 
 p. 126. 
 
 Nos. 5, 6, 
 p. 126. 
 
 Digitized by Microsoft® 
 
314 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 GUNPOWDER-coniMaerf. 
 
 9. Carrying at one time more than 25 barrels of gunpowder in any wag- 
 gon, &o. ; — or more than 200 barrels in any barge, &c. ; — or in any 
 other manner than specially directed by this section, 
 
 10. Loading, &o. gunpowder on board any barge, &c. before the gun- 
 
 powder on board unladen. 
 
 11. Person having the care of any barge, &c. laden with gunpowder, or 
 
 any person on board, having or using or permitting fire or lighted 
 candle, &o., or smoking on board the same. 
 
 12. Person having the care of carriage used for conveying gunpowder 
 
 staying or stopping, in loading or unloading, longer than neces- 
 sary. 
 
 13. Having more than 251bs. of gunpowder in a vessel on the Thames. 
 
 HARBOURS, DOCKS AND PIERS (JVoite 126 a)- 
 
 1. Undertakers not providing a self-registering tide guage and baro- 
 meter. 
 
 2. Undertakers not sending true account of daily workings of the said 
 tide gauge, &c. to the Secretary of the Admiralty. 
 
 3. Persons claiming exemption from tonnage rates when not entitled 
 
 thereto. 
 
 4. Master of vessel failing to report arrival to harbour master within 
 
 twenty-four hours. 
 
 5. Master of registered vessel not producing certificate of registry of 
 
 vessel to the collector of rates, on demand. 
 
 6. Master of vessel giving no account, or a false account, of goods to be 
 
 unshipped. 
 
 12 Geo. 3, i;. 61, 
 s. 18. 
 
 Id. s. 19. 
 Id. =. 20. 
 
 Id. s. 21. 
 
 Id. s. 24. 
 
 10 & 11 Vict. 
 c. 27, ». 19. 
 
 Id. 
 
 Id. s. 28. 
 Id. s. 35. 
 Id. s. 36. 
 Id. s. 38. 
 
 126a To viliat Places the Act 10 ^ II Vict. c. 11 applies — Incorporated Provisions as to 
 recovery of Penalties — Appeal-I The offences under this title are enacted by " The 
 Harbours, Docks and Piers Clauses Act, 1847," which extends " only to such harbours, 
 docks or piers as shall be authorized by any act of parliament hereafter to be passed 
 which shall declare that this act. shall Be incorpor^ed therewith" (s. 1). Also by s. 92, 
 
CHAP. II.] GUNPOWDER-HARBOURS, DOCKS, &c. 315 
 
 Time of laying 
 Information, 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Penalty, 4c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 pearand 
 TiiVie, 
 &c. 
 
 Penalty. Sic. 
 to whom 
 payable. 
 
 Pagc,&c, 
 
 of 
 Formulist. 
 
 9 Within 14 
 days (s. 27). 
 
 Two 
 (s. 26). 
 
 Forfeit gunpowder, barrels, &c. (s. 
 18), and costs, under s. 18 of 11 
 & 12 Vict. c. 43, ante, p. 148 ;— 
 recovered by distress, and in de- 
 fault, impr. for not exc. 1 cal. m., 
 unless sooner paid. 
 
 No. 
 
 To the 
 party seiz- 
 ing same 
 (s. 18), 
 
 Nos, 1, 2, 
 
 pp. 125, 
 
 126. 
 
 10 Id. 
 
 Id. 
 
 Forfeit gunpowder so brought on 
 board. 
 
 No. 
 
 Id, 
 
 ■• 
 
 11 Id. 
 
 Id. 
 
 £5 (s. 20) ;— levied, &c. as in Of- 
 fence No. ]. 
 
 No. 
 
 Half to the 
 
 queen, half 
 
 to the inf, 
 
 (s, 26). 
 
 ■• 
 
 12 Id. 
 
 Id. 
 
 £10 (s. 21);— levied, &c. as in 
 Offence No. 1. 
 
 No. 
 
 Id. 
 
 •• 
 
 13 Id. 
 
 Id. 
 
 Forfeit all above 25 lbs., barrels, &c. 
 and 2«. for every lb. above that 
 quantity (s. 24);— levied, &c. as 
 in Offence No. 1. 
 
 No. 
 
 Id. 
 
 •• 
 
 1 Within 
 6 cal. m. 
 (8 & 9 Vict. 
 
 c. 20, 
 ss. 3, 151, 
 
 Two 
 (8&9 
 Vict, 
 c. 20, 
 s. 145, 
 Note 
 
 126 a). 
 
 Not exc. £2 for every twenty-four 
 hours not provided or maintained 
 (s. 19) ; — to be levied by distress 
 (8 & 9 Vict c. 20, s. 146);— if 
 distress insufficient, impr. without 
 bail for not exc. 3 cal. m. unless 
 sooner paid (ss. 147, 3, Note 
 
 126 a). 
 
 Yes 
 (see 
 Note 
 
 126a). 
 
 Not exc. 
 half to inf 
 and rem, to 
 overs, in aid 
 of poor rate 
 (8 & 9 Vict, 
 c.20,s.l50). 
 
 ■ • 
 
 2 Id. 
 
 Id. 
 
 Not exc. sglO, for each month neg- 
 lected (s. 19); — ^recovered as in 
 Offence 1, supra. 
 
 Id. 
 
 Id, 
 
 •• 
 
 3 Id. 
 
 Id. 
 
 Not exc. £1 (s. 28) ;— recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id, 
 
 •• 
 
 4 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 •• 
 
 5 Id. 
 
 Id. 
 
 Not exc. £20 (s. 36) ; — recovered 
 as in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 ■■ 
 
 6 Id. 
 
 Id. 
 
 Not exc. £10 (s. 38) ;— recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id, 
 
 •• 
 
 the provisions as to recovery of penalties contained in the 8 & 9 Vict. t. 20, are incor- 
 porated with the 10 & 11 Vict. c. 27, Vide Note 54. ante, p, 256, as to penalty on wit- 
 nesses, and apprehension of transient offenders, and Note gg, ante, p. 257, the requirements 
 as to appeal, which, therefore, equally apply to this title. 
 
 Digitized by Microsoft® 
 
316 
 
 Summarj) Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 HARBOURS, DOCKS AND PIERS— conWnaed. 
 
 7. Shippers not giving an account of goods intended to be shipped. 
 
 8. Master of vessel or owner of goods evading the payment of rates. 
 
 9. Undertakers not transmitting annual account to clerk of the peace. 
 
 10. Shipmasters not complying with directions of theliarbour master. 
 
 11. Harbour master or his assistants misbehaving. 
 
 12. Offering bribes to dock officers, — or officers taking bribes. 
 
 13. Vessel entering harbour or dock not being dismantled as directed by 
 harbour master, 
 
 14. With sails not lowered or furled, 
 
 or 
 
 15. Without hawsers, tow-lines or fasts fixed to the dolphins. 
 
 16. Persons wilfully cutting moorings. 
 
 17. Vessel lying near the entrance of harbour or dock without permis- 
 
 sion, and not being removed after being required. 
 
 18. Not removing vessel within 3 days after notice from the harbour 
 master, when removal required for cleansing harbour, ha. 
 
 19. Not removing discharged vessel within 24 hours after notice from 
 
 harbour master. 
 
 20. Wharfingers, or their servants, &c., giving undue preferende in un- 
 
 loading goods. 
 
 21. Not removing combustible matter on quay, Sic. within 2 hours after 
 
 notice from harbour master (see s. 70). 
 
 10-&11 Vict, 
 c. 27, s. 39. 
 
 Id. 5. 43. 
 
 Id. ». 50. 
 
 Id. 
 
 s 
 
 53. 
 
 Id. 
 
 s 
 
 54. 
 
 Id. 
 
 s 
 
 55. 
 
 Id. 
 
 B 
 
 59. 
 
 Id. 
 
 s. 
 
 60. 
 
 Id. 
 
 s. 
 
 61. 
 
 Id. 
 
 s. 
 
 62. 
 
 Id. s. 63. 
 
 Id. s. 64. 
 
 Id. s. 66. 
 Id. ». 67. 
 Id. s. 69. 
 
 Digitized by Microsoft® 
 
CHAP. II.] HARBOURS, DOCKS AND PIERS. 
 
 317 
 
 Time of laying 
 laformaUon, 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 7 Within 
 
 Two 
 
 6 cal. m. 
 
 (8&9 
 
 (8 & 9 Vict. 
 
 Vict 
 
 c. 20, ss. 3, 
 
 c. 20, 
 
 151, Note 
 
 s. 145, 
 
 126 a). 
 
 Note 
 
 
 126 a). 
 
 Id. 
 
 9 Id. 
 
 10 
 
 Id. 
 
 Id. 
 
 11. 
 
 Id. 
 
 Id. 
 
 12 
 
 Id. 
 
 Id. 
 
 13 
 
 Id. 
 
 Id. 
 
 14 Id. 
 
 15 Id. 
 
 16 Id. 
 
 17 Id. 
 
 18 Id. 
 
 19 Id. 
 
 20 Id. 
 
 21 M. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Not exc. £10 (s. 39);— recovered 
 as in Offence 1, supra. 
 
 Yes 
 (see 
 Note 
 
 126a). 
 
 Three times the amount of the rates 
 (s. 43) ; — ^recovered as in Offence 
 1, supra. 
 
 Not exc. £20 (s. 50); — recovered 
 as in Offence 1, supra. 
 
 The like (s. S3). 
 
 Not exc. £5 (s. 54) ; — recovered as 
 in Offence 1, supra. 
 
 Not exc. £20 (s. 55) ; — recovered as 
 in Offence 1, supra. 
 
 Master to forfeit not exceeding £10 
 (s. S9) ; — ^recovered as in Offence 
 1, supra. 
 
 The like (s. 60). 
 
 The like (s. 61). 
 
 Not exc. £5 (s. 62) ; —recovered as Id. 
 in Offence 1, supra. 
 
 If Ap- 
 peal, and 
 Tlmej 
 &c. 
 
 Master to forfeit not exc. £5, and 
 20s. for every hour it remains 
 after requisition (s. 63) j— reco- 
 vered as in Offence 1, supra. 
 
 Master to forfeit not exceeding £10 
 (s. 64) ; — recovered as in Offence 
 1, supra. 
 
 The like (s. 66). 
 
 Not exc. £S (s. 67);— recovered as 
 in Offence, I, supra. 
 
 40s. for every hour after expiration 
 of notice (s. 69) j— recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c 
 to wlio^ 
 payable. 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 (8 & 9 Vict. 
 c.20,s. 150). 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Digitized by Microsoft® 
 
318 
 
 Summary Convictions. 
 
 [part r. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 HARBOURS, DOCKS AND PIERS— coniimaerf. 
 
 22. Boiling or heating pitch, &c. on any vessel, &o. 
 
 23. Having fire, &c. in vessel within the harbour without permission of 
 
 harbour master, 
 or 
 
 24. Within docks, except when permitted by the bye-laws. 
 
 25. Bringing loaded gun on quays, &c., or having same in vessel. 
 
 26. Bringing gunpowder on quays, &c. without permission. 
 
 27. Obstructing harbour master on duty in entering ship, and searching 
 
 for and extinguishing fires or lights. 
 
 28. Throwing ballast, earth, &c. into harbour or dock. 
 
 29. Person other than a meter or weigher licensed by the undertakers, or 
 
 appointed by the customs, weighing or measuring any goods. 
 
 30. Oftending against the bye-laws of the undertakers [see ss. 83 to 90, 
 
 as to making, &c. of tlie bye-laws]. 
 
 31. Clerk to undertakers not permitting bye-laws to be inspected. 
 
 32. Undertakers failing to keep copies of their special act in their office, 
 — or to deposit same with the clerk of the peace (see s. 97 ). 
 
 HAY AND STRAW. 
 
 [The acts relating to false packing and other frauds in the hay and 
 straw trade are : ] 
 
 HEALTH (PUBLIC) ACT, 1848 {Note 127). 
 1. Making any unauthorized sewer or drain, 
 
 2. Causing new building to be erected over such sewer. 
 
 3. Making any vault, arch or cellar under the carriage way of any street 
 without a written consent of local board. 
 
 10 & 11 Vict, 
 t. 27, ». 71. 
 
 Id. s. 72. 
 Id. s. 73. 
 Id. ». 82. 
 Id. s. 84. 
 
 Id. s. 88. 
 Id. ». 98. 
 
 36 Geo. 3, c. 88 
 and 19 & 20 
 Vict c. 114. 
 
 •11 & 12 Vict, 
 t. 63, s. 47. 
 
 127 To what Places the Act applies.'] The act will apply only to those places in which 
 it shall be put in force by order of her Majesty in council, and in some cases by a 
 provisional order of the General Board of Health, and sanctioned by parliament (s. 10). 
 See ss. 8, 9. Several supplemental acts have since been passed applying the act to 
 numerous towns, by confirming the board's provisional orders. 
 
 128 ff^f"> to prosecute, Sfc.] No proceeding to be taken other than by a party grieved, 
 
 Digitized by Microsoft® 
 
CHAP. II.] HARBOURS, &c.— HEALTH (PUBLIC) ACT, 1848. 319 
 
 Time of laying 
 Informatioo, 
 
 22 \ Within 
 26/6 cal. m. 
 
 (8 & 9 Vict. 
 
 c. 20, ss. 3, 
 151, Note 
 
 126 a). 
 
 Number 
 
 and what 
 
 Justices to 
 
 convict. 
 
 27 
 
 28 
 
 29 
 
 30 
 
 31 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Two 
 (8& 9 
 
 Vict. 
 
 c. 20, 
 s 145, 
 
 Note 
 
 126 a). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 . and 
 Mode of enforcing. 
 
 Not exceeding £10 (s. 71) ;— to Yes 
 be levied by distress (8 & 9 Vict, (see 
 c. 20, s. 146) ; — if distress insuf- Note 
 Scient, impr. without bail for not 126a) 
 exc. 3 cal. m., unless sooner paid 
 (ss. 147, 3, iVo<el26a). 
 
 The like (s. 72). 
 
 Not exc. £5 (s. 73) ; — recovered as 
 in Offences 22 — 26, supra. 
 
 The like (s. 82). 
 
 32 Id. 
 
 1 ) Within 6 
 
 3 i[cal.(s. 2)] 
 
 m. (s. 133, 
 
 Note 128)- 
 
 If Ap- 
 peal, and 
 Time, 
 Sic. 
 
 Id. Not exc. £5, as imposed by the 
 bye-law (s. 84) ; — recovered 
 in Offences 22 — 26; supra. 
 
 Id. Not exc. £'5 (s. 88) ;— recovered as 
 in Offences 22 — 26, supra. 
 
 Id. £20, and also £5 for every day 
 afterwards in default (s. 98) ;— 
 recovered as in Offences 22 — 26 
 supra. 
 
 [N.B. Some of the provisions of the 
 acts are of general application ; 
 others apply to sales within the 
 cities of London and Westminster.'] 
 
 Two £5, and a further penalty of 40s. for 
 
 (s. 129), every day during which offence 
 
 altho' continued after notice in writing 
 
 mem- from the local board (s. 47);— 
 
 hers of levied by distress by warrant of 
 
 local convicting justices; — detention; 
 
 board —if distress insufBcient, same 
 
 (s. 132). justices to commit for not exc. 3 
 
 [cal. (s. 2) ] m. unless sooner 
 
 paid (s. 129).— Sewer, &c. to be 
 
 altered, and expenses recovered 
 
 as penalties (s. 47). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, iic. 
 
 to whom 
 payable, &c. 
 
 -Not exc. 
 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 (8 & 9 Vict, 
 c.20,s. 150). 
 
 Id. 
 
 Yes, if 
 pen. 
 
 exceed 
 20s. 
 
 (s. 135, 
 Note 
 
 129, 
 
 post, 
 p.320). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Page, &c. 
 
 of 
 Formullflt. 
 
 Local board 
 (s.47). 
 
 No. 2, 
 p. 127. 
 
 or the Local Board of Health in whose district the offence ,s committed, or by the church- 
 wardens and overseers (where penalty directed to be paid to them, see Offences 22—24), 
 without the written consent of her Majesty's attorney-general (s. 133). In Boyce y. 
 Higgins (17 J. P. 808), it was held that a ratepayer of the town is not a " party grieved, 
 and could not sue for a penalty against a member of a local board under s. 19, wihout 
 the consent of the attorney-general. The clerk to the local board is to prefer, institute 
 
 Digitized by Microsoft® 
 
320 
 
 Summary Convictions: 
 
 [part I. 
 
 Offences rvithin the 11 & 12 Vict. c. 43. 
 
 statute. 
 
 HEALTH (PUBLIC) ACT, ISiS— continued. 
 
 
 
 4. 
 
 Erecting or rebuilding any house without a sufficient watercloset or 
 privy, and an ashpit, furnished with proper doors and coverings. 
 
 •n & 12 Vict. 
 
 c.'63, s. 51. 
 
 5. 
 
 Neglecting or refusing to comply with notice from local board to erect 
 waterclosets in fhctoriesi &c. 
 
 Id. s. 
 
 52. 
 
 6. 
 
 Building any house, privy or cesspool contrary to the provisions 
 of this act, — or without notice to or approval of local board. 
 
 Id.» 
 
 53. 
 
 7. 
 
 Owner or occupier not complying with notice from local board to 
 repair drains, &c. 
 
 Id. s 
 
 54. 
 
 8. 
 
 Collecting or removing sewage, soil, dung, filth, ashes, dust or rubbish 
 belonging to local board without consent. 
 
 Id.s 
 
 56. 
 
 9. 
 
 Keeping swine in dwelling, or so as to be a nuisance, 
 
 Id. s 
 
 59. 
 
 10. 
 
 Suffering waste or stagnant water to remain in a cellar within a 
 dwelling-house for 24 hours after notice, 
 
 or 
 
 Allowing the contents of any watercloset, privy or cesspool to over- 
 flow or soak therefrom. 
 
 
 
 11. 
 
 
 
 and to carry on in his name legal proceedings by, on the part of or against the local hoard 
 (s. 138). By sect. 35, documents from the local board, in order to be received in evidence, 
 must (in the case of a non-corporate district) be sealed with their seal, and signed by five 
 or more members, or (in case of a corporate district) sealed with the common seal (see 
 16 J. P. 189). A summons to he granted) service personal, or copy left at defendant's 
 place of abode or business : and the hearing may be ex parte (s. 131). These clauses as 
 to procedure were unnecessary, as they were before provided for by the 1 1 & 12 Vict. c. 43. 
 Vide form of conviction, Oke's' "FormuHst," 2nd edit p. 126. 
 
 129 Appeal] By 11 & 12 Vict. c. 63, s. 135,—" any person who shall think himself 
 aggrieved by any rate made under the provisions of this act,— or by any order, conviction, 
 judgment or determination of or by any matter or thing done by any justice or justices, in 
 any case in which the penalty imposed or the sum adjudged shall exceed the sum of 20s.,— 
 may appeal to the court of general or quarter sessions holden next after the making of the 
 rate objected to, or accrual of the cause of complaint ;— but the appellant shall not be 
 heard in support of the appeal, unless within 14 days after the making and publication of 
 the rate appealed against, or accrual of the cause of complaint, he give to the local board 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 HEALTH (PUBLIC) ACT, 1848. 
 
 321 
 
 Time of laying 
 iDformalioiif 
 
 Number 
 and wiiat 
 Juiiticesto 
 
 convict. 
 
 Within 6 
 [cal. (s. 2)] 
 m. (s. 133, 
 Note 128)- 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Two 
 (s. 129), 
 altho' 
 mem- 
 bers of 
 
 local 
 board 
 >. 132). 
 
 Id. 
 
 Id. 
 
 8 Id. 
 
 9) Id. 
 
 11 < 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty. &c. 
 
 ana 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 &c. 
 
 Not exc. jg20 (s. 51);— recovered Yes, 
 as Offences 1 — .?, supra. Looalj if pen, 
 board to erect same, and expenses exc. 
 
 recovered in same manner. 
 
 Not exc. £20, and a further penalty 
 not exc. 40s. for every day during 
 vfhich the default is continued 
 (s. 52) ; — recovered as Offences 1 
 — 3, supra. 
 
 Not exc. £50 (s. 53); — recovered 
 as Offences 1 — 3, supra. House, 
 &e. to be altered, and expenses 
 recovered in same manner. 
 
 Not exc. lOi. for every day during 
 default (s. 54) ; — recovered 
 Offences 1 — 3, supra. 
 
 Not exc. 40s. (s. 56) ; — recovered as 
 Offences 1 — 3, supra. 
 
 Not exceeding 40s., and to a further 
 penalty of 5.!. for every day during 
 which the offence is continued (s, 
 59) ; — recovered as Offences 1 — 3, 
 supra. Local board to abate the 
 nuisance, and expenses recovered 
 in same manner. 
 
 20s. (s. 
 
 135, 
 
 Note 
 
 129)- 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Half to inf. 
 and remain- 
 der to local 
 board ; if 
 local board 
 the inf., the 
 whole 
 (s. 133). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Page, &c, 
 
 of 
 Formu]li>t. 
 
 No. 3, 
 p. 127. 
 
 No. 4, 
 p. 127. 
 
 No. 5, 
 p. 127. 
 
 No. 6, 
 p. 128. 
 
 No. 7, 
 p. 128. 
 
 No. 8, 
 p. 128. 
 
 of health, or justice or justices, by whose act he may think himself aggrieved, notice in 
 writing stating his intention to bring such appeal, together with a statement in writing of 
 the grounds of appeal ;- and the said court, upon hearing and finally def™'"" g "« 
 matter of the appeal, shall and may, according to its discretion, award such costs to the 
 party appealing or appealed against as they shall think proper, and its determination in 
 or concerning ?he premises shall be conclusive and binding on all persons to all intents 
 and purposes^hatsoever :-provided always, that if there be not time to S v« ^»'='> "°'^f ' 
 and enter into such recogvi:,a„ce as aforesaid," before the sessions holden as la^t af"«^^\^- 
 then such appeal may bl made to, and such notice, statement ^"d jecogn zance to be given 
 and entered into forf the next sessions at which the appeal can be heard ^-Pf^'^/^ ^'^^^ 
 that on the hearing of the appeal, no grounds of appeal sha 1 be g<'"\>""' "[^^"'"fj;/ 
 other than those sft forth in such statement as aforesaid." V* S,.c. Thejmounl^c of re- 
 cognizance is not stated, and has been evidently omitted by mntaketn f ^ {"/ f j' ^ '*" 
 clause. Mr. Lawes, in his edition of the act, p. 187, note, shows «*«* "* j'« "'.^'^^^^^^ 
 introduced contained a passage providing that the recognizance should be «»'»«/;;/'' ^f"" 
 10 days after the notice, "with two sufficient securities," conditioned to try the appeal, ^-c.J 
 
 0.9. * 
 
 Digitized by Microsoft® 
 
322 
 
 Summary Convictions. 
 
 [PjIRT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 HEALTH (PUBLIC) ACT, \%i%—cmtmued. 
 
 12. Failing to comply with notice irom local board to whitewash, cleanse 
 or purify house to check disease. 
 
 •11 & 12 Vict, 
 u. QZ. B. 60. 
 
 13. Usingi or suffering to be used, 
 
 any building as a slaughterhouse, without being registered with 
 the local board. 
 
 14. Owner of butchers' meat, poultry, fish,' &c. or person in whose 
 custody found, having same in shop, &o. for sale, and seized by 
 inspector, and ordered by a justice to be destroyed as unfit for 
 food. (See tit. " Sheep," post, for other offences.) 
 
 1 5. Newly establishing any offensive trade without consent of local board. 
 
 [Mem. By s.^ 65 this act is not to affect the present laws as to 
 Nuisances ; and see tit. "Nuisances," post, Offence, No. 4.] 
 
 16. Receiving lodgers into a common lodging house without registering 
 
 the same, 
 
 or 
 
 17. Refusing to admit therein, between 11 a.m. and 4 p.m., any person 
 
 authorized by local board. 
 
 [Vide title "Lodging Houses {Common)," post, and Note 130; 
 post, p. 324, as to bye-laws.'] 
 
 18. Letting, occupying, or continuing to let, 
 
 19. Knowingly suffering to be occupied for hire, 
 
 any newly erected vault, cellar, or underground room as a 
 dwelling (see the section"). 
 
 20. 'Wilfully displacing, taking up, or injuring the pavement, stones, 
 
 fences, &c. of any street, without consent of local board. 
 
 Id. s. 61. 
 
 Id. s. 63. 
 
 Id. s. 64. 
 
 Id. s. 66. 
 
 Id. s. 67. 
 
 Id. s. 68. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 HEALTH (PUBLIC) ACT, 1848. 
 
 323 
 
 Time of laying 
 luformation, 
 
 Number 
 and wiiat 
 J ustices 10 
 
 Penalty. &c. 
 and 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, Sic. 
 to whom 
 
 Page, &c. 
 of 
 
 &c. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c. ' 
 
 payable. 
 
 Formiillst. 
 
 12 Within 
 
 Two 
 
 Not exceeding IDs. for every day 
 
 Yes 
 
 Half to inf. 
 
 No. 9, 
 
 6[cal.(s.2)] 
 
 (s. 129), 
 
 during which he continues to 
 
 if pen. 
 
 and rem. to 
 
 p. 128. 
 
 m. (s. 133, 
 
 altho' 
 
 make default (s. 60) ; — recovered 
 
 exc. 
 
 local board ; 
 
 
 Note 128). 
 
 mem- 
 
 as Offences 1 — 3, supra. Local 
 
 20s. 
 
 if local 
 
 
 
 bers of 
 
 board to do same, and expenses 
 
 (,s. 135, 
 
 board the 
 
 
 
 local 
 
 recovered in same manner. 
 
 Nole 
 
 inf., the 
 
 
 
 board 
 
 
 129)- 
 
 whole 
 
 
 
 (S.132). 
 
 
 
 (s. 133). 
 
 
 13 Id. 
 
 Id. 
 
 Not exc. £5, and a further penalty 
 not exc. 10s. for every day during 
 the continuance of the offence 
 after written notice from local 
 board (s. 61);— recovered as Of- 
 fences 1 — 3, supra. 
 
 Id. 
 
 Id. 
 
 No. 10, 
 p. 129. 
 
 14 Id. 
 
 Two 
 
 Not exceeding £1 for every aninjal 
 
 Id. 
 
 Id. 
 
 No. 11, 
 
 
 (s. 63), 
 
 or carcase, fish, or piece of meat, 
 
 
 
 p. 129. 
 
 
 altho' 
 
 &c. so found (s. 63) ; — recovered 
 
 
 
 
 
 mem- 
 
 as Offences 1 — 3, supra. 
 
 
 
 
 
 bers of 
 
 
 
 
 
 
 local 
 
 
 
 
 
 
 board 
 
 
 
 
 
 
 (s. 132). 
 
 
 
 
 
 15 Id. 
 
 Two 
 
 £50, and a further penalty of 40s. 
 
 Id. 
 
 Id. 
 
 No. 12, 
 
 
 (s. 129), 
 
 for each day during which the 
 
 
 
 p. 129. 
 
 
 altho' 
 
 offence is continued(s. 64) ; — re 
 
 
 
 
 
 mem- 
 
 covered as Offences 1 — 3, supra. 
 
 
 
 
 
 bers of 
 
 
 
 
 
 
 local 
 
 
 
 
 
 
 board 
 
 
 
 
 
 
 (s. 132). 
 
 
 
 
 
 16V Id. 
 17/ 
 
 Id. 
 
 Not exceeding 40s. (s. 66);— re- 
 
 Id. 
 
 Id. 
 
 No. 13, 
 
 
 covered as Offences 1 — 3, supra. 
 
 
 
 p. 129. 
 
 181 Id. 
 19/ 
 
 Id. 
 
 * 
 Not exceeding 20s. for every day 
 
 Id. 
 
 Id. 
 
 No. 14, 
 
 
 during which the same continues 
 
 
 
 pp. 
 
 
 after notice from local board (s. 
 
 
 
 129, 130. 
 
 
 
 67) ; — ^recovered as Offences 1 — 3, 
 
 
 
 
 
 
 supra. 
 
 
 
 
 20 Id. 
 
 Id. 
 
 Not exc. £5, and a further sum not 
 
 Id. 
 
 Id. 
 
 No. 15, 
 p. 130. 
 
 
 
 exc. 5s. for every square foot of 
 
 
 
 
 
 the pavement, &c. so displaced, 
 
 
 
 
 
 
 &c. (s. 68) ;— recovered as Of- 
 
 
 
 
 
 
 fences 1—3, supra. 
 
 
 
 
 y2 
 
 Digitized by Microsoft® 
 
324 
 
 Summary Convictions, 
 
 [part I. 
 
 Offences within the 11 & 12 Vict, c. 43. 
 
 HEALTH (PUBLIC) ACT, l&ii— continued. 
 
 21. Laying out, making or building any street otherwise than in accord- 
 ance with the level and width fixed by local board, or approved 
 by general board. 
 
 22, Wilfully or carelessly breaking, injuring or opening lock, cock, 
 waste-pipe, or waterworks, — or unlawfully diverting streams, — or 
 wasting water. 
 
 23. Bathing in stream, reservoir, &c. 
 
 or 
 24f. Causing water to be fouled. 
 
 25. Water fouled by the gas of proprietor of gas-works. 
 
 26. Burying, 
 
 or 
 
 27. Causing, permitting or suffering to be buried, 
 
 any corpse or coffin in burial grounds dangerous to health. 
 
 [/Sec title " Burials," ante, p. 254.] 
 
 28. Obstructing inspector or member of local board, &c. in the execution 
 
 of this act, 
 
 or 
 
 29. Injuring, defacing, &c. board of bye laws, &c. 
 
 30. Occupier preventing owner from obeying provisions of act, and jus- 
 
 tice ordering occupier to permit works to be executed, refusing to 
 comply. 
 
 31. Occupier not disclosing name of owner of premises. 
 
 32. Offending against bye laws made by the local board for the purposes 
 
 of the act (Note 130)- 
 
 \_See this title, Chap. II. of Part HI,, post, as to other matters 
 before justices.^ 
 
 *n & 12 Vict, 
 c. 63, s. 72. 
 
 Id. s. 79. 
 
 Id. s. 80. 
 
 Id. 
 
 Id. s. 82. 
 
 Id. s. 148. 
 
 Id. 
 
 Id. 
 Id. s. 115. 
 
 130 For what Bye-Laws may be made : their Confirmation, ^c] The bye-laws which 
 piay be made under this act by a local board are : — as to the meetings, &c. of the board 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 HEALTH (PUBLIC) ACT, 1848. 
 
 325 
 
 Tlmeofla;lng 
 
 Information, 
 
 &c. 
 
 21 
 
 Within 6 
 [cal.(s.2)] 
 m. (s. 133, 
 Note 128) 
 
 22 Id. 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 23'1 
 24) 
 
 Id. 
 
 Two 
 (s. 129), 
 akho' 
 mem- 
 bers of 
 local 
 board 
 (s. 132). 
 
 Id. 
 
 Id. 
 
 25 Id. 
 
 26 ) Id. 
 
 27 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Id. 
 
 Id. 
 
 28\ Id. 
 29/ 
 
 30 Id. 
 
 31 Id. 
 
 32 Id. 
 
 Not exc. £20 for every day during 
 which permitted or suffered (s. 
 72); — recovered as Offences 1 — 
 3, supra. Local board to alter 
 same, and expenses recovered in 
 same manner. 
 
 Not exc. £6, and a further penalty 
 of 20j. for each day offence con- 
 tinued after notice (s. 79) i — ^re- 
 covered as Offences 1 — 3, supra. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 If Ap- 
 peal, and 
 Time, 
 kc. 
 
 The like (s. 80). 
 
 Yes, 
 if pen. 
 
 exc. 
 
 Ws. 
 
 (s. 135, 
 
 Note 
 
 129). 
 Id. 
 
 Id. 
 
 Not exc. £20, and a further sum 
 not exc. £10 for every day whilst 
 offence continued (s. 80);— re- 
 covered as Offences 1 — 3, supra. 
 
 £20 (s. 82) ;— recovered as Offences 
 1 — 3, supra. 
 
 Not exceeding £5 (s. 148) ;— reco 
 vered as Offences 1 — 3, supra. 
 
 Not exc. £5 for every day during 
 the continuance of such refusal 
 (s. 148) ;— recovered as Offences 
 1 — 3, supra. 
 
 Not exc. £5 (s. 148);— recovered 
 as Offences 1 — 3, supra. 
 
 Not exc. £5 (s. 1 1 5) ;— recovered 
 as Offences 1—3, supra. 
 
 PenaltT, &c. 
 to wnom 
 payable. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 - Id. 
 
 Id. 
 
 Id. 
 
 Page, &c. 
 
 of 
 FormullBt. 
 
 Half to inf. 
 
 and rem. to 
 
 local board ; 
 
 if local 
 
 board the 
 
 inf., the 
 
 whole 
 
 (s. 133). 
 
 Local 
 board ; if 
 
 none, to 
 overs, for 
 poor rate 
 
 (s. 79). 
 
 Id. 
 
 Local board 
 (s. 80) 
 
 Half to inf. 
 
 and rem. to 
 
 local board 
 
 if local 
 
 board the 
 
 inf., the 
 
 whole 
 
 (s. 133). 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Nos. 
 16, 17, 
 p. 130. 
 
 No. 18, 
 
 pp. 
 130, 131. 
 
 Digitized by Microsoft® 
 
326 
 
 Summary Convictions. 
 
 [PAHT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 statute. 
 
 HIGHWAYS. 
 
 
 I. Offences by Surveyors, p. 326. 
 
 
 II. Offences by Collector, p. 330. 
 
 
 III. Offences by Owners and Drivers of Carts, &c. p. 830. 
 
 
 IV. Nuisances, p. 332. 
 
 
 V. Other Offences, p. 338. 
 
 
 I. Offences by Surveyors. 
 
 
 1. Neglect of Duty.} Surveyor or deputy rsifusing or neglecting to act 
 when chosen. 
 
 ■5 & 6 Will. 4, 
 
 c. 50, s. 8 
 
 (Note 131). 
 
 2. Any surveyor, or district surveyor, or assistant surveyor, neglecting 
 his duty in anything required of him by this act (for which no 
 particular penalty is imposed). 
 
 Id. 5. 20. 
 
 3. Surveyor, &c., neglecting to provide book containing receipts and 
 payments, 
 
 or 
 
 Id. s. 40. 
 
 4. To enter any sum received or paid, within one week, 
 
 
 or 
 5. Refusing to permit or not permitting inhabitant at any reasonable 
 titne to inspect or take copies or extracts therefrom without fee. 
 
 
 houses (s. 62) ; the regulation of noxious or offensive trades (s. 64) ; the regulation of common 
 lodging houses (s. 66 ; and see 14 & IS Vict. c. 28, s. 9) ; and as to houses for the temporary 
 reception of the dead (s. 81). By s. 116 the local board is authorized by such bye-laws to 
 impose upon offenders penalties not exceeding iJSfor each offence, provided that no Such 
 bye-laws shall be repugnant to the laws of England or to the provisions of this act, and 
 the same are not to be of any force or effect, unless and until the same lare submitted to 
 and confirmed by the secretary of state. These bye-laws are to be printed, and hung up 
 in the oifice of the local board (s. 116). In the case of Reg. v. Rose (24 Law J. (N. S.) 
 M. C. 130 J 19 J. P. 676), it was decided that the' power conferred Iby ithe 55{h section 
 to make bye-laws for the removal of dust,'ashes'&o. does not lauthorize the local board 
 to make bye-laws for the removal of pure snow by occupiers, and also that where a 
 magistrate has to adjudicate on a complaint for a violation of such a bye-law, it is his duty 
 to decide on any objection to the validity of the bye-law, although the same may have 
 been corifirme'd by the secretary of' state, arid he will excedd'his jtafisdiotion'if he con- 
 victs on ' the mere proof of facts bringing the case within the bye-law, Without also de- 
 ciding that the bye-law is good. 
 
 131 Witnesses— Scule'of Costs.'] -There is a penalty of 'n6t exceeding £5 on'witneSSfes 
 not attending or refusing to be examined (s. 102). See II & 12 Vict. c. 43, s. 7, ante, p. 122. 
 Sect. 110 gives the following scale of costs, viz. — information, 6d. ; summohs or warrant. Is., 
 service thereof, 6d., notice, 6rf., service, 6rf. ; order, Is., service,' 6d. ; warrant of distress, 
 2s. ; conviction, 2s. 
 
 132 yippeal] By 5 & 6 'Will. 4, c. 50, s. 105,—" if any person shill think himself 
 aggrieved by any rate made under or in pursuance of this act, — or by any order, convic- 
 tion, judgment or determination made, — or by any matter or 'lthingldone,^-by any justice 
 or other person in' pursuance of this act, and for which no particular- method of relief hath 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 HIGHWAYS. 
 
 327 
 
 Time of laying 
 Information, 
 
 Number 
 and uhat 
 
 Penalty, &c. 
 
 If Ap. 
 peiil, and 
 
 Penalty, &c. 
 to wnom 
 
 Page, &c. 
 of 
 
 
 convict. 
 
 Mode of enforcing. 
 
 Sec. 
 
 payable. 
 
 Formullst. 
 
 1 Within 
 
 Two. 
 
 Not exc. £20 (s. 8) ;— levied by dis- 
 
 Yes 
 
 Half to inf 
 
 No.l, 
 
 6 cal. m. 
 
 
 tress. If goods appear insuffi- 
 
 fs. 10.5, 
 
 and half to 
 
 p. 131. 
 
 (U & 12 Vict 
 
 
 cient by confession or otherwise, 
 
 Note 
 
 surveyor 
 
 
 c. 43,=. 11). 
 
 
 commitment forthwith, with hard 
 labour for not exc. 3 cal. m., un- 
 less sooner paid (s. 103). 
 
 132). 
 
 towards re- 
 pair of 
 highways 
 (s. 103). 
 
 
 2 Id. 
 
 Two of 
 the divi- 
 sion. 
 
 Not exc. £5 (s. 20) j — recovered as 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 1} ''■ 
 
 Id. 
 
 Not exceeding £5 for each default 
 
 Id. 
 
 Id. 
 
 .. 
 
 
 (s. 40) J — recovered as Offence 1, 
 
 
 
 
 
 
 supra* 
 
 
 
 
 been already appointed, such person may appeal to the justices at the next general or quarter 
 sessions of the peace to be held for the county, division, ridiijg or place wherein the cause of 
 such complaint shall arise, — such appellant first giving or causing to be given [not neces- 
 sarily a personal service, but at the residence sufficient, Reg. v. Justices of North Riding of 
 Yorkshire, 7 Q. B. T54; 14 L. J. (N. S.) M. C. 91] to the surveyor or surveyors, or to such 
 justice or other person by whose act such person shall think himself aggrieved, notice in writing 
 of his intentionito bring such appeal, together with a statement in writing of the grounds 
 of such appeal, within fourteen days after such rate shall have been made, or cause of com- 
 plaint shall have arisen,— and within four days after such notice, entering into a recognizance 
 before some justice, with two sufficient sureties, conditioned to try such appeal at, and,abi(}e 
 the order of, and pay such costs as shall be awarded by the justices at such general or quarter 
 sessions ;— and such justices, upon hearing and finally determining thematter of such appeal, 
 shall and may, ;according to their discretion, award such costs to the party appealing or 
 appealed against as they shall think proper ;— and their determination in or concerning 
 the, premises shall be conclusive and binding on all parties to all intents and purposes 
 whatsoever [—provided nevertheless, that in case there shall not be time to give such 
 notice and enter into such recognizance as aforesaid before the next sessions to be holden 
 after the making of any rate or the cause of complaint shall have arisen, then and in every 
 such case such appeal may be made to the next following sessions, and shall be then heard 
 and determined:— provided also, that it shall not be lawful lor the appellant to be heard 
 in support of such app>/al, unless such notice and statement shall have been so given 
 as aforesaid, nor on the hearing of such appeal to go into evidence of any other grounds 
 of 9,ppeal than those set forth. in such statement as aforesaid ;" see Reg. v. Bedfordshire, 1 
 Ad.&E. 1-34; 3 Per. & D. 21; Rex v. Salop, 4 B. & Aid. 626. 
 
 Digitized by Microsoft® 
 
328 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 HIGHWAYS— c(m*in«e(i. 
 
 I. Offences by Surveyors — continued. 
 
 6. Not accounting, Sfc-I Surveyor, &c. on quitting office, neglecting to 
 deliver over books and accounts, &c. within fourteen days. 
 
 7. Making default in paying or accounting for the money due from him 
 on verified accounts within fourteen days. 
 
 8. Sharing in Contracts, Sfc."] Surveyor, &c. sharing in any contract, or 
 
 letting to hire any team, 
 
 or 
 
 9, Disposing of any timber, stone, &c., without licence from two 
 
 justices. 
 
 10. Neglecting to fence, Sjc. Pits, Sfcl Surveyor or person employed by 
 him neglecting to forthwith fence off pit or hole made in getting 
 materials, 
 
 11. To fill up such pit, &c. within 3 days where no materials found, 
 
 or 
 
 12. Where materials found, to fill up and slope down same within 14 days 
 
 13. Neglecting to do so (as Offences 10, 11, 12) for 6 days after receiv- 
 
 ing notice from any justice, owner or occupier of ground, or any 
 person having right of common. 
 
 14. Surveyor on taking office neglecting to fill up pits and holes, not 
 
 further useful, then open, within 21 days after appointment, 
 
 or 
 
 15. To secure those likely to be further useful by posts or rails. 
 
 16. Neglecting to do (as Offences 14, IS) for 6 days after receiving 
 
 notice from any justice, &c. (as Offence 13). 
 
 17. Leaving Heaps qf Stone, Sfc,^ Surveyor, &o. allowing any heap of 
 
 stones, &c. to remain on highway at night. 
 
 18. Surveyor damaging mills, dams, &c. by getting materials. 
 
 5 & 6 Will. 4, 
 c. 50, s. 42 
 {Note 131). 
 
 Id. 
 
 Id. s. 46. 
 
 Id. s. 55. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. s. 56. 
 
 Id. s. 57. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 HIGHWAYS. 
 
 329 
 
 Time of laylDgr 
 
 Informatloa, 
 
 ic. 
 
 6 
 
 Within 
 
 6 cal. m. 
 
 (11 & 12 Vict. 
 
 C.13, s. II). 
 
 Id. 
 
 3\ Id. 
 9/ 
 
 10\ Id. 
 12 f 
 
 13 Id. 
 
 14\ Id. 
 15 f 
 
 16 Id. 
 
 17 Id. 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Two of 
 the 
 divi- 
 sion. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 18 Id. 
 
 Id. 
 
 Two. 
 
 Two. 
 
 Two. 
 
 Penalty, ice 
 
 and 
 
 Mode of enforcing. 
 
 Not exceeding £5 for each default 
 (s. 40) J — recovered as Offence 1, 
 supra. 
 
 Forfeit double the money due (s 
 42); — recoverable as a penalty 
 as Offence 1, supra. 
 
 Not exceeding £10 (recoverable as 
 Offence 1, supra), and for evei 
 after incapable of being employed 
 as surveyor at a salary (s. 46). 
 
 Not exceeding 10s. for every default 
 (s. 55), with costs ; — ^recovered as 
 Offence 1, supra. 
 
 If Ap. 
 
 peal, and 
 
 Time, 
 
 4c. 
 
 Two. 
 
 Not exceeding £10 (s. 55), with 
 costs; — ^recovered as Offence 1, 
 supra. 
 
 Forfeit lOj. (s. 55); — ^recovered as 
 Offence 1, supra. 
 
 Not exc. iglO (s. 55); — recovered 
 as Offences 1, 2, supra. 
 
 Not exc. £5 (s. 56); — ^recovered as 
 Offences 1, 2, supra. 
 
 The like. 
 
 Yes 
 
 (s. 105, 
 
 Note 
 
 132). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, Stc. 
 to wfiom 
 payable. 
 
 Id. 
 
 Half to inf 
 and half to 
 surveyor 
 towards re- 
 pair of 
 highways 
 (s. 103). 
 
 Id. 
 
 Id. 
 
 To be ap- 
 plied in 
 fencing off, 
 &c. pits, 
 &c. and 
 towards re- 
 pair of roads 
 (s. 55). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Half to inf. 
 
 and half to 
 surveyor, 
 
 towards re- 
 pair of 
 highways 
 (s. 103). 
 
 Id. 
 
 Page, &c. 
 
 of 
 FormuliBt. 
 
 No. 2, 
 p. 131. 
 
 No. 3, 
 
 pp. 131, 
 
 132. 
 
 Digitized by Microsoft® 
 
330 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 H IGYLSV AYS— continued. 
 
 II. Offences by Collector. 
 
 19. Not rendering Accounts, Sfc."] Refusing, 
 
 or 
 
 20. Neglecting, 
 
 to render accounts, and no satisfaction being given respecting 
 same, 
 
 or 
 
 21. to produce and deliver up the list of defaulters, and arrears due 
 from them (and no satisfaction being given). 
 
 22. to deliver, within three days after notice in writing given to him 
 by surveyor, to surveyor or his deputy, all books, &o. in his 
 custody or power, 
 
 or 
 
 23. to give satisfaction to surveyor concerning the same. 
 
 III. Offences by Owners and Drivers of Carts, &c. {Note 133). 
 
 24. Owner using Waggon without Name.'] Using, or allowing to be used, 
 
 any waggon, cart or other such carriage, without his name , and 
 description painted thereon as required, 
 or 
 
 25. Suffering the same to become illegible, 
 
 or 
 
 26. Fainting or causing to be painted, 
 
 any false or 'fictitious name, &c. on such waggon, &c. 
 
 27. Driver acting for Two Carts.] Acting as the driver of two carts, &c. 
 
 drawn by one horse each, the horse of the hinder cart not being 
 attached by a rein not exceeding four feet in length to the back 
 of the foremost cart. 
 
 28. Driver or Owner riding without Guide.] Hiding on wagon, &c. or 
 
 upon any horse or horses drawing the same, without some person 
 on foot or on horseback to guide them (except carriages, &c. 
 driven with reins, and conducted by some person holding all the 
 reins of the horses), 
 or 
 
 29. Negligently causing Damage.] By negligence or wilful misbehaviour 
 
 causing any hurt or damage to any person, horse, cattle or goods 
 conveyed in any carriage upon highway. 
 
 5 & 6 Will. 4, 
 c.50,s. 3S 
 {Note 131). 
 
 Id. 
 
 Id. 
 
 Id. s. 76. 
 
 Id. s. 77. 
 
 Id. 5. 78. 
 
 133 Definition of "Highway," and what the Act applies to.] By the interpretation<;lause 
 (s. 5) the word highway shall be understood to mean all roads, .bridges (not being county 
 bridges), carriage-ways, cartways, hqjseways, bridleways, footways, causeways, churchways 
 and pavements. The act does not apply to the streets of the metropolis (s. 112) ; — nor to 
 any turnpike road, except where expressly mentioned j — or to any roads, bridges, carriage- 
 ways, cartways, horseways, bridleways, footways,- causeways, churchways or pavements, 
 which now or hereafter may be paved, repaired or cleansed, brqken up or diverted under 
 any-personal or local act of parliament (s. 113); — nor 4oes it in any manner affect the 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 HIGHWAYS. 
 
 331 
 
 Timeoflayingr 
 Information, 
 
 Number 
 land what 
 JuBtices to 
 . convict. 
 
 Penalty, Itc, 
 
 aiid 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Penaity, &c. 
 to wliom 
 payable. 
 
 Page, &c. 
 
 of 
 Formnllst. 
 
 19 ) Within 
 
 20 ) 6 cal m. 
 
 Two. 
 
 Not exc. £20;— in default of pay- 
 
 Yes 
 
 Whole 
 
 No. 5, 
 
 
 ment, impr. and h. 1. for not exc. 
 
 (s. 105, 
 
 towards re- 
 
 p. 132. 
 
 (11 & 12 Vict. 
 
 ' 
 
 4 cal. m., to cease as soon as ac- 
 
 Note 
 
 ■pair^of 
 
 
 c. 43, s. 11), 
 
 
 count given, or satisfaction in 
 
 132)- 
 
 highways 
 
 
 by surveyor. 
 
 
 respect thereof (s. 38). 
 
 
 (s. 103). 
 
 
 21 Id. 
 
 Two. 
 
 The like penalty, and imprisonment 
 in default, which is to cease when 
 list delivered or satisfaction given 
 in respect thereof (s. 38). 
 
 Id. 
 
 Id. 
 
 No. 5, 
 p. 132. 
 
 22 ) Id. 
 
 Two. 
 
 The like penalty, and imprisonment 
 
 Id. 
 
 Id. 
 
 No. S, 
 
 23 J 
 
 
 in default, as Oflfence 20, which is 
 to cease on books, &c. being de^ 
 livered up, or satisfaction given 
 in respect thereof (s. 38). 
 
 
 
 p. 132. 
 
 24 ) Within 
 
 Two. 
 
 Not exceeding iOs. (s. 76) ; — reco- 
 
 Id. 
 
 Half to inf. 
 
 No. 8, 
 
 26 \ 6 cal. m. 
 
 
 vered by distress. If goods ap- 
 
 
 and half to 
 
 p. 132. 
 
 (11 & 12 Vict 
 
 
 pear insufficient, by confession or 
 
 
 surveyor, 
 
 
 c. 43, s. 11, 
 
 
 otherwise, commitment with hard 
 
 
 towards re- 
 
 
 Note 134> 
 
 
 labour, for not exc. 3 cal. m. un- 
 less sooner paid (s. 103). 
 
 
 pair of 
 highways 
 
 (S. 103). ; 
 
 
 27 Id. 
 
 Two. 
 
 20«. (s. 77);— recovered as Offences 
 24 — 26, supra. 
 
 Id. 
 
 Id. , 
 
 No. a; 
 
 p. 132. 
 
 281 Id. 
 29/ 
 
 Two. 
 
 If driver the owner of cart, &c. to 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 forfeit the penalty of not exceed- 
 
 
 
 11,12, 
 
 
 
 ing £10; 
 
 
 
 p. 133. 
 
 
 
 If not the owner, a penalty of not 
 
 
 
 
 
 
 exceeding £5 ; 
 
 
 
 
 
 
 In either ease, in default of pay- 
 
 
 I 
 
 
 
 
 ment, imprisonment, with hard 
 
 
 
 
 
 
 labour, for any time not exceed- 
 
 
 
 
 
 
 ing 6 weeks, unless sooner, paid 
 
 
 
 
 
 
 ^s. 78). 
 
 
 
 
 
 
 [See over. 
 
 
 
 
 rights of the Universities (s. 114) ;— or the rights, &c. of the city of London (s. 115) ;— or 
 the powers or aiithorities of the Commissioners of Sewers (s. 116). 
 
 134 Apprehension qf unknown Offenders without Warrant."] By sect. 79, the surveyor, 
 &c. or any person acting under his authority, and such other person as he shall call to his 
 assistance, — or any other person witnessing the commission of the offence,— mayseize and 
 detain the tjffenderj whose name is unknown to the surveyor, &c., and take him before a 
 justice. 
 
 Digitized by Microsoft® 
 
332 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 H IGYiyV A.YS— continued. 
 111. Offences by Owners and Drivers of Carts, &c. — continued. 
 
 30. Quitting tJte Road.'] Quitting the road and going on the other side 
 
 of the hedge or fence, 
 or 
 
 31. Driver or Owner being at improper Distance.'] Negligently or wilfully 
 
 being at such distance from carriage, 
 
 32. 
 
 33 
 
 In such a situation, whilst passing, that he cannot have the direction 
 or government of the horses, &c. drawing same. 
 
 Leaving Cart on Road.] Leaving any cart, &c. on highway, so as to 
 obstruct the passage thereof, 
 or 
 
 34. Driving without Owner's Name, Sfc] Driving or acting as the driver 
 
 of any waggon, &c. not having the owner's name painted and re 
 maining legible thereon, and refusing to tell the true name of 
 owner thereof, 
 or 
 
 35. Not keeping proper Side.] Not keeping his waggon, &c. horses, &e. 
 
 on the left or near side of the road, when meeting any other wag- 
 gon, horses, &c. 
 or 
 
 36. Preventing another passing.] Wilfully preventing any person from 
 
 passing, or any waggon, &c. under his care, 
 or 
 
 37. Hindering another.] By negligence or misbehaviour preventing, hin- 
 
 dering or interrupting the free passage of any person, waggon, &c. 
 or horses, &c. 
 or 
 
 38. Not keeping on the left Side.] Not keeping his waggon, &c. or horses, 
 
 &o. on the left or near side of the road, for the purpose of allowing 
 such free passage, 
 or 
 
 39. Riding or driving furiously.] Any person riding (Note 135) any 
 
 horse or beast, or driving any sort of carriage, 
 
 riding or driving the same furiously so as to endanger the life 
 or limb of any passenger. 
 
 40. Encroachments.] 
 
 IV. Nuisances. 
 Any person encroaching by making, 
 
 41 ■ Causing to be made, 
 
 any building, hedge, ditch or other fence 6n any carriage way 
 or cart way within 15 feet of the centre. 
 
 5 & 6 Will. 4, 
 c. 50, B. 78 
 {Note 131). 
 
 Id. 
 
 135 Observations on furious Riding.] The penal part of the clause 78 omits all mention 
 of a "rider," and extends only to the driver, and therefore no penalty attaches to the 
 person riding furiously; but he might under the 12 & 13 Vict. c. 92, s. 2 (Offence 1, tit. 
 
 Digitized by Microsoft® 
 
CHAP. II.J 
 
 HIGHWAYS. 
 
 333 
 
 Time of laying 
 InformailOD. 
 
 Number 
 and what 
 JuRtices 10 
 convict. 
 
 30 \ Within 
 
 39/ 6 cal. m. 
 
 (11 & 12 Vict. 
 
 c. 43, s. 11, 
 
 Note 134) 
 
 Two. 
 
 40 » 
 
 41 \ 
 
 Id. 
 
 Penalty, Ice 
 
 and 
 
 Mode of enforcing. 
 
 \^See preceding page for VbtskIiTI^s.'] 
 
 [Mem. On conviction on view. It 
 has been generally thought that the 
 personcommitting any of the offences 
 under this section (78 ), may be con- 
 victed on ifte "view of a justice" 
 aloTie, andjrequently .?o acted upon ; 
 but, if such power were intended, it 
 is not expressed in the section ; fc 
 after describing the offences, it 
 enacts, that "every person so of- 
 fending in arty of the cases afore- 
 said, and being conviciedof any such 
 offence, — either by his own confes- 
 sion, — the view of a justice, — or by 
 the oath of one or more credible wit- 
 nesses, — before any two justices of 
 the peace, shall, S^c, ;" so that the 
 view of a justice in such cases may 
 be substituted for the usual proof on 
 oath before any other two justices,^ 
 
 Apprehension of Driver without 
 Warrant and Committal, if he re 
 fuse his Name.] The driver may be 
 apprehended with or without war 
 rant by any person witnessing the 
 commission of any offence under this 
 section, and taken before a justice 
 to be dealt with, and if he refuse to 
 discover his name he may be com- 
 mitted by the justice to prison, with 
 hard labour, for not exceeding 3 
 cal. months, or proceeded against 
 for the penalty by a description of 
 his person and the offence only, 
 without adding any name or desig- 
 nation, but expressing in the pro- 
 ceedings that he refused to discover 
 his name (s. 78). 
 
 Yes 
 
 (s.105, 
 
 Note 
 
 132). 
 
 Two, at 
 a special 
 sessions 
 for the 
 high- 
 ways for 
 the divl 
 
 If Ap- 
 peal, and 
 Time, 
 
 Not exceeding iOs. Surveyor to re- 
 move encroachment, and justices 
 at special sessions to ascertain 
 expenses thereof, to be levied 
 with the penalty by distress (s. 
 69) : — imprisonment in default, 
 as Offences 24 to 26, supra. 
 
 Id. 
 
 Half to inf. 
 and half to 
 surveyor, 
 towards re- 
 pair of high- 
 ways 
 (s. 103). 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Half to inf 
 and half to 
 surveyor 
 towards 
 repair of 
 highways, 
 or if sur- 
 veyor the 
 inf., the 
 whole to 
 repair of 
 highways 
 (s. 103). 
 
 "Cruelty to Jntmah," ante, p. 276), be liable to a penalty if he should override the horse 
 or beast 
 
 Digitized by Microsoft® 
 
334 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 HIGHWAYS— continued. 
 
 IV. Nuisances — continued. 
 
 42. Steam Engines, fVindmills, LimeMlns, Sfc, Note 136*] — Sinking any 
 
 pit or shaft within 25 yards from any part of any carriageway oi 
 cartway, unless within some house or other building, or behind 
 some wall or fence sufficient to conceal or screen the same from 
 such way, 
 
 or 
 
 43. Erecting or causing to be erected any steam engine, gin, or other like 
 
 machine, or any machinery attached thereto, within 25 yards, &c, 
 (as OflFence 42), 
 
 44. Any windmill within 50 yards, &c. (as Oifenee 42), 
 
 or 
 
 45. Making or causing to be made any fire for calcining or burning of 
 
 ironstone, limestone, bricks or clay, or the making of cokes, within 
 15 yards, &c. (as Offence 42). 
 
 46. 
 
 47, 
 
 Riding on Footpath.'] Wilfully riding upon any footpath or causeway 
 by the side of any road made or set apart for the use or accommo 
 dation of foot passengers. 
 
 Leading or driving on Footpath."] Wilfully leading or driving any 
 horse, ass, sheep, mule, swine or cattle or carriage of any descrip- 
 tion, or any truck or sledge, upon such footpath, &c. (as Ofiepce 46), 
 or 
 
 48. Tethering on Highway.] Tethering any horse, &c. so as to suffer the 
 
 ~ tethered animal to be thereon, 
 or 
 
 49. Damaging Fence, Sfc] Causing any injury or damage to be done to 
 
 highway, or the hedges, posts, rails, walls or fences thereof, 
 
 SO. Obstructing Footway.] 
 way. 
 
 Wilfully obstructing the passage of any foot- 
 
 Si. Injuring Surface of.] 
 any highway, 
 
 Wilfully destroying or injuring the surface of 
 
 52. Damaging Posts, Sfc] Wilfully or wantonly pulling up, cutting down, 
 
 removing or damaging the posts, blocks or stones fixed by sur- 
 veyor [J. e. under s. 24, for which see Note 137]; 
 or 
 
 53. Cutting down Banks.] Digging or cutting down the banks which are 
 
 the securities and defence of the highways. 
 
 5 & 6 Win. 4, 
 c. 50, s. 70 
 {Note 131). 
 
 Id. s. 72. 
 
 Id. 
 
 136 Exception.] These provisions are not to extend to steam engines erected before 
 the act (s. 70) ; but where such erections are at present a nuisance at common law, they 
 may still be indicted as such, and the Turnpike Act (3 Geo. 4, c. 126, s. 127) recognizes 
 this principle concerning windmills (Oke's Law of Turnpike Roads, p. 416). 
 
 137 Erection qf Posts.] By s. 24 the surveyor, with the consent of the inhabitants in 
 
 Digitized by Microsoft® 
 
CHAP, n.] 
 
 HIGHWAYS. 
 
 335 
 
 Time of laying 
 
 iDforniation, 
 
 &c. 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Penalty, Sec 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Page, &c. 
 
 of 
 Formullst. 
 
 42V Within 6 
 45/ cal. m. 
 
 Two. 
 
 Not exceeding £5 for every day 
 
 Yes 
 
 Half to inf. 
 
 Nos. 
 
 
 such pit, shaft, windmill, steam 
 
 (s. 105, 
 
 and half to 
 
 26, 27, 
 
 (11 & 12 Vict. 
 
 
 engine, gin, machine, or fire per- 
 
 Note 
 
 surveyor 
 
 p. 135. 
 
 t. 43, s. 11). 
 
 
 mitted to continue (s. 70) ;— re- 
 covered by distress; — if goods 
 appear insufficient, by confes- 
 sion of oflfender or otherwise, 
 commitment to prison, with hard 
 labour, for not exceeding 3 ca- 
 lendar months, unless sooner paid 
 
 132). 
 
 towards 
 repair of 
 
 highways ; 
 or if sur- 
 veyor the 
 informer, 
 
 the whole to 
 
 
 » 
 
 
 (s. 103). 
 
 
 repair of 
 highways 
 (s. 103). 
 
 
 46 \ Id. 
 
 50/ (Note 
 
 Two. 
 
 Not exceeding 40s., over and above 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 the damages occasioned thereby 
 
 
 
 28—32, 
 
 134)- 
 
 
 (s. 72) [—recovered by distress; 
 — if goods appear insufficient, by 
 confession of offender or other- 
 wise, commitment to prison for 
 not exceeding 3 calendar months, 
 with hard labour, unless sooner 
 paid (s. 103). 
 
 
 
 pp. 
 135, 136. 
 
 511 Id. 
 63/ 
 
 Two. 
 
 Not exceeding 40s. over and above 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 the damages occasioned thereby 
 
 
 
 33—35, 
 
 
 
 (s. 72) ; — recovered by distress. — 
 
 
 
 p. 136. 
 
 
 
 If goods appear insufficient, by 
 
 
 
 
 
 
 confession of ofiender or other- 
 
 
 
 
 
 
 wise, commitment to prison for 
 
 
 
 
 
 
 not exceeding 3 calendar months, 
 
 
 
 
 
 
 with hard labour, unless sooner 
 
 
 
 
 
 
 paid (s. 103). 
 
 
 
 
 vestry, is to cause to be erected direction stones or posts in places where two or more ways 
 meet, boundary marks of parish, graduated stones or posts at the approaches or entrances 
 to such highways as are subject to deep or dangerous floods, and also stones, blocks or 
 stones, &c. to secure horse-causeways and footways from being passed over by waggons, 
 &c. 
 
 Digitized by Microsoft® 
 
336 
 
 Summary Convictions. 
 
 [part I. 
 
 OFFEiNCES within the 11 & 12 Vict. c. 43. 
 
 HIGHWAYS— co7!<!««cd. 
 
 IV. Nuisances — continued. 
 
 54. Damaging Stones, Sfc. on Bridges.'] Breaking, damaging or throwinp 
 
 down the stones, bricks or wood fixed upon the parapets or battle- 
 ments of bridges, 
 or 
 
 55. Otherwise injuring or defacing same, 
 
 or 
 
 56. Defacing Milestones, Sfc.l Pulling down, destroying, obliterating or 
 
 defacing any milestone or post, graduated or direction post, oi 
 stone, erected upon any highway, 
 or 
 
 57. Playing on.] Playing at football or any other game on any part of 
 
 the highway to the annoyance of any passenger, 
 or 
 
 58. Gipsy, Sfc. encamping.] Hawker, higgler, gipsy or other person tra- 
 
 velling, pitching any tent, booth, stall or stand, or encamping upon 
 any part of any highway, 
 or 
 
 59. Making Boj^res.] Making or assisting in making any fire within 
 
 fifty feet of the centre of carriage or cart way. 
 [Mem. Sect. 63 defines what shall be deemed the centre of the high- 
 way.] 
 
 Or 
 
 59a. Firing off Gun.] Wantonly firing off any gun or pistol within fifty 
 feet of the centre of carriage or cart way. 
 
 60. Fireworks.] Setting fire to, or wantonly letting off, or throwing, any 
 
 squib, rocket, serpent, or other firework whatsoever, within fifty 
 feet of the centre of carriage or cart way, 
 or 
 
 61. Baiting Bull.] Baiting, or running for the purpose of baiting, any 
 
 bull upon or near any highway, 
 or 
 
 62. Laying Timber, S;c. on.] Laying any timber, stone, hay, straw, dung 
 
 lime, soil, ashes, rubbish or other matter or thing whatsoever upon 
 
 highway to the injury, interruption or personal danger of any 
 
 person travelling thereon {^Note 138)> 
 
 or 
 
 63. Suffering Filth to fiow on.] Sufi"ering any filth, dirt, lime, or other 
 
 offensive matter or thing whatsoever, to run or flow into or upon 
 highway from any house, building, erection, lands or premises 
 adjacent thereto, 
 or 
 
 64. Obstructing highway.] In any way wilfully obstructing the free pas- 
 
 sage of any highway. 
 
 65. Pound-breach.] Releasing, — or attempting to release, — any horse, 
 
 ass, sheep, swine, or other beast or cattle which shall be seized for 
 the purpose of being impounded under the authority of this act, (see 
 Note 139), from the pound or place where impounded, — or in the 
 way to or from the same. 
 
 5 & 6 Will. 4, 
 c. 50, s. 72 
 {Note 131). 
 
 Id. 
 
 Id. s. 75. 
 
 138 Recovery of Expenses qf Removal of Timber, Soil, S(c.] By s. 73, if any timber, 
 &c. be not forthwith removed on notice, surveyor, &c., by order in writing from one 
 justice to clear the highway by removing same, may dispose thereof and apply the proceeds 
 towards repair of highways ; and a power is vested in the surveyors to recover the expenses 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 HIGHWAYS. 
 
 337 
 
 Time of la^ln^ 
 Inrormation, 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 54 \ Within 
 
 S9aj 6 cal. m. 
 
 (11 & 12 Vict. 
 
 C.43, s. 11, 
 
 Note 134). 
 
 601 
 64 j 
 
 Id. 
 
 Two. 
 
 Two. 
 
 65 
 
 Id. 
 
 Two. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Not exceeding 40s. over and above Yes 
 the damages occasioned, thereby (s. lOS, 
 (s. 72) J — recovered by distress. — Note 
 If goods appear insufficient, by 132) 
 confession of offender or other- 
 wise, commitment to prison fur 
 not exceeding 3 calendar months, 
 with hard labour, unless sooner 
 paid (s. 103). 
 
 {Vide Note 131, ante, p. 326, 
 for scale of costs allowed by 
 the act ! and Note 134. ante, 
 p. 33], as to the apprehension 
 of unknown offenders without 
 warrant."] 
 
 If Ap- 
 pearand 
 Time, 
 &c. 
 
 Not exceeding, 40s. over and above 
 the damages occasioned thereby 
 (s. 72) ; — ^recovered by distress. — 
 If goods appear insufficient, by 
 confession of offender or other- 
 wise, commitment to prison for 
 not exceeding 3 calendar months, 
 with hard labour, unless sooner 
 paid (s. 103). 
 
 IVide Note 131, ante, p. 326 
 for scale of costs allowed by 
 the act ! and Note 134, ""*e, 
 p.ZZl, as to the apprehension 
 of unknown offenders without 
 warrant^ 
 
 Not exceeding £20;— and in de 
 fault of payment, imprisonment 
 with hard labour, for not exceed- 
 ing 3 calendar months, unless 
 sooner paid (s. 75). 
 
 Penalty, &c. 
 to n'liom 
 payable. 
 
 Half to inf. 
 
 and half to 
 surveyor 
 towards 
 repair of 
 
 or if sur- 
 veyor the 
 informer, 
 the whole to 
 repair of 
 highways 
 (s. 103). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Page, &c. 
 
 of 
 Fonnulist, 
 
 Nos. 
 36-41, 
 
 pp. 
 136, 137. 
 
 Nos. 
 42—46, 
 p. 137. 
 
 Id. 
 
 Nos. 
 48, 49, 
 p. 137. 
 
 of removing such soil, ashes or rubbish, where it sball not be of sufficient value to warrant 
 
 a sale, and to be levied as forfeitures [under s. 103]. „^ . . . , j,„. <<;f anv 
 
 139 What Cattle can he Impounded, and when-J By s. 74 it is enacted hat-- if anj 
 
 horsei ass, sheep, swine, or other beast or cattle q/^ any kind, shall at any time be touna 
 
 Z 
 '• Digitized by Microsoft® 
 
338 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 niGWW AYS— coniimied. 
 
 IV. Ndisances — continued. 
 66. Pulling down, damaging or destroying the same pound or place, or 
 
 any part thereof, — or any lock or bolt belonging thereto, or with 
 
 which the same shall be fastened. 
 
 67. Rescuing Distress.'] Rescuing or releasing,— or attempting to rescue 
 
 or release, — any distress or levy made undsr the authority of this 
 act [^vide distress for penalties, Sfc. under s. 103], until or before 
 such horse, &c. seized (as Offence 65), or so impounded, or such 
 distress or levy so made, be discharged by due course of law. 
 [See title " Pound-breach," post, as to rescue of cattle found straying 
 on inclosed land.] 
 
 V. Other Offences. 
 
 68. Person having in his custody poor rate assessments refusing or 
 
 neglecting to produce same to surveyor or person authorized in 
 writing by him, — or to allow copy or extract to be made or taken 
 at reasonable hours. 
 
 69. Taking materials purchased, &c. for repair of highways without con- 
 
 sent of the surveyor (see the sect.) 
 
 70. Width of Gates.] Person to whom gates across public cart and horse 
 
 ways belong not removing or enlarging the same for 21 days after 
 notice from surveyor. 
 
 71. Railways.] Proprietors not erecting and maintaining good and suffi- 
 
 cient gates at each crossing, and employing good and proper per 
 sons to attend to the opening and shutting the same. 
 
 HORSE SLAUGHTERING. 
 
 1. Persons licensed pursuant to 26 Geo. 3, c. 71, refusing or neglecting 
 to comply with provision of that act requiring his name, &c. to be 
 painted over door or gate of the licensed premises, and the words 
 " Licensed for Slaughtering Horses, &c." 
 
 5 & 6 Will. 4, 
 c. 50, s. 75 
 (Note 131). 
 
 Id. 
 
 Id. s. 28. 
 
 Id. ». 47. 
 Id. s. 81. 
 
 Id. s. 71. 
 
 • 12 & 13 Vict, 
 c. 92, s. 7 
 {Note 77, 
 
 ante, p. 276). 
 
 wandering, straying, or lying, or being depastured on any highway, or on the sides thereof, 
 without a keeper (except on such parts of any road as lead or pass through or over any 
 common or waste or uninclosed ground)," any surveyor, or any other person authorized by 
 Jiim, may seize and impound, &c.' ' The 75th section, which creates the offence of releasing, 
 
 Digitized by Microsoft® 
 
CHAP. II.] HIGHWAYS-HORSE SLAUGHTERING. 
 
 Time of laying 
 Infonnatloo. 
 
 66 Within 
 6 cal. in. 
 (11 & 12 Vict, 
 c. 43, s. II, 
 Note 134). 
 
 67 Id. 
 
 68 
 
 69 
 
 Id. 
 
 Id. 
 
 70 Id. 
 
 Number 
 and what 
 
 Justices to 
 convict. 
 
 PeDalty, &c. 
 and 
 
 Mode ofenforciner. 
 
 Two. 
 
 Two. 
 
 71 Within 
 
 Two, 
 
 10 days 
 
 at next 
 
 (s. 71). 
 
 special 
 
 
 sessions 
 
 
 for divi- 
 
 
 sion. 
 
 1 Within 
 
 One 
 
 1 cal. m. 
 
 fs. 14), 
 
 (s. 14). 
 
 or two 
 
 Two. 
 
 Two. 
 
 Two. 
 
 Not exceeding £20; -and in de- 
 fault of payment, imprisonment, 
 with hard labour, for not exceed- 
 ing 3 calendar months, unless 
 sooner paid (s. 75). 
 
 If Ap. 
 
 peal, and 
 
 Time, 
 
 ic. 
 
 The like. 
 
 Not exc. £5 (s. 28) ;— recovered 
 as Offences 60 — 64, supra. 
 
 Not exc. jglO (s. 47);— recoverable 
 as Offences 60 — 64, supra. 
 
 Not exc. lOi. for every day so neg 
 lecting to remove or to enlarge 
 such gate (s. 81); — recoverable 
 as Offences 60—64, supra. 
 
 Not exceeding £5 on proprietor 
 (s. 71), with costs ; — ^recovered as 
 Offences 60 — 64, supra. 
 
 Yes 
 
 >. 105 
 
 Note 
 
 132). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Not exc. £S, — and a like penalty 
 for every day during which re- 
 fusal or neglect continues (s. 7) ; 
 — in default of payment impr. 
 with or without h. I. for not exc. 
 2 cal. m., unless sooner paid (s, 
 18) ; — or, if before two justices, 
 instead of penalty impr. with or 
 without h. I. for not exc. Seal. m. 
 (s. 18). 
 
 Yes 
 (s. 25, 
 Note 
 
 79. 
 
 ante, p. 
 277). 
 
 Penalty, &c. 
 to wnom 
 payable. 
 
 Half to inf 
 and half to 
 surveyor to- 
 wards repair 
 
 of high- 
 ways, or if 
 surveyor 
 the inf., 
 the whole to 
 repair of 
 highways 
 (s. 103). 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 One moiety 
 
 to overs, for 
 poor rate 
 and the 
 
 othermoiety 
 and costs 
 to inf., or 
 
 such person 
 
 as justices 
 
 deem fit 
 
 (see s. 21). 
 
 339 
 
 &c. must therefore be read as applying to the descriptive words of cattle in the above 74th 
 section, and are not restricted to those which are ejusdem generis with " horse, ass, sheep, 
 swine." Vide Oke's "Formulist," 2nd edit. pp. 444, 445, for forms of Order settling 
 charges of impounding cattle, and Order to sell. 
 
 z2 
 
 Digitized by Microsoft® 
 
340 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 HORSE SLAUGHTERING— conWnucar. 
 
 2. Not immediately, upon horse or other cattle being brought to be 
 slaughtered, cutting off, or causing to be cut off, the hair from the 
 neck, 
 
 3. Killing, or causing to be killed, within thjee days after purchase bj, 
 or brought or delivered a,t his place, 
 
 4. Neglecting or omitting to supply it with a sufficient quantity of fit 
 
 and wholesome food and water until killed. 
 
 5. Any person keeping or using, or having the management of, any 
 
 place, using or employing, or causing or permitting to be used or 
 employed, any horse or other cattle brought for slaughter, 
 or 
 
 6. Permitting or suffering same to leave the said place to be employed 
 
 in any manner of work, 
 
 7. Every person found using or employing any such horse or other 
 
 cattle, 
 
 or 
 
 8. in the possession of same whilst so used or employed. 
 
 9. Licensed person not entering description of cattle in a book, 
 
 or 
 
 10. Refiising or neglecting to produce book to a justice, 
 
 or 
 
 1 1. Refusing inspection ^of same by a constable. 
 
 12. Wantonly or .cruelly beating, ill-treating, abusing, wounding or 
 
 torturing any horse or other cattle, in house in occupation of 
 licensed person. 
 
 13. Obstructing or assaulting an inspector in the execution of his duty. 
 
 14. Inspector guilty of any neglect or violation of duty. 
 
 •12 & 13 Vict. 
 
 c. 92, s. 8 
 
 (Note 77, 
 
 ante, p. 276). 
 
 Id. s. 9. 
 
 Id. a. 9. 
 
 Id. s. 10. 
 
 7 & 8 Vict 
 
 c. 87, s. 3 
 
 (Note Mo- 
 
 ld, s. 5. 
 
 Id. s. 6. 
 
 140 Witnesses.l This statute imposes a penalty of jglO on wit^lesses refusing to attend 
 or give evidence (s. 16). See 11 & 1.2 Vict. c. 43, s. 7, ante, p. 122. 
 
 141 Appeal.'\ By 7 & 8 Vict. c. 87, s. 9,— "any person who shall think himself 
 aggrieved by any summary order or conviction made by any justice or justices of the 
 peace under the authority of this act may appeal to the justices of the peace at the next 
 general or quarter sessions of the peace to be holden for the county wherein the cause of 
 complaint shall have arisen, — provided that such person at the time of the order or con- 
 viction, or within forty-eight hours thereafter, shall enter into a recognizance, with two 
 sufficient sureties, conditioned personally to appear at the said sessions to try such appeal 
 and to abide the further judgment of the justices at suoh sessions assembled, and to pay 
 such costs as shall be by the last-mentioned justices awarded ;— and it shall be lawful for 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 HORSE SLAUGHTERING. 
 
 341 
 
 Time of laying 
 
 Information. 
 
 Sic 
 
 Within 
 1 oal. m. 
 (s. U). 
 
 } 
 
 Id. 
 
 7\ Id. 
 
 9\ Id. 
 11/ 
 
 12 Within 
 3 cal. m. 
 (s.8). 
 
 13 
 
 14 
 
 Id. 
 
 Id. 
 
 Number 
 and witat 
 Justices to 
 
 convict. 
 
 One 
 (s. 14), 
 or two 
 (s. 18). 
 
 Not exceeding £5 (s. 8), — impri- 
 sonment on non-payment, as Of- 
 fence 1. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Two 
 or more 
 
 (s. 7). 
 
 Id. 
 
 Id. 
 
 Feaalty. Sec, 
 
 ana 
 
 Mode-of enforcing. 
 
 IfAp- 
 
 peat,Bnd 
 Time, 
 
 -iic 
 
 Not exceeding 405. for every day 
 used or absent from the place 
 (s. 9); — imprisonment on non- 
 payment, as Offence 1. 
 
 Not exc. 40s. for every day he uses 
 oris possessed of horse, &c. (s. 9) ; 
 — imprisonment on non-payment, 
 as Offence 1. 
 
 Not exceeding iOs. (s. 10) ;— im- 
 prisonment on non-payment, as 
 Offence 1. 
 
 Not exc. £5 (s. 3);— in default of 
 payment, impr. forthwith for not 
 exc. 1 cal. m. unless sooner paid 
 (s. 7). 
 
 Not exc. £10 (s. 5);— in default of 
 payment, impr. for not exc. 1 cal, 
 m. unless sooner paid (s. 7). 
 
 The like (s. 6). 
 
 Yes 
 
 (s. 25, 
 Note 
 
 79, 
 
 ante, 
 p. 277. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Yes 
 (s. 9, 
 
 Note 
 
 141). 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 to nnom 
 payable. 
 
 One moiety 
 to overs, for 
 
 poor rate, 
 
 and the 
 
 othermoiety 
 
 and costs 
 
 to inf., or 
 such person 
 
 as justices 
 deem fit 
 
 (see s. 21). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Such part 
 as justices 
 think fit to 
 inf., residue 
 to sheriff 
 for use of 
 H.M.(s.7) 
 
 Id. 
 
 Id. 
 
 the justice or justices of the peace by whom such order or convictiOTi shall have been made 
 to bind over the witnesses who shall have been examined m sufficient recognizances to 
 attend and be examined at the hearing of such appeal,-and every such witness, on pro- 
 aucing a certificate of his being so bound under the hand of the justice or justices, shall 
 be allowed compensation for his time, trouble and expenses in attending the appeal, which 
 ■compensation shall be paid in the first instance by the tt-easurer of the ™unty in like 
 manner as in cases of misdemeanor, under the provisions of the act, 7 Geo. 4, u. e* .— ana 
 in case the appeal shall be dismissed, and the order or conviction affirmed, the reasonable 
 expenses of all such witnesses attending as aforesaid, to he ascertained by the court, shall 
 be 'repaid to the tteasurer of the county by the appellant." 
 Digitized by Microsoft® 
 
342 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 HORSE SLAUGHTERING— coreanaed. 
 
 15. Licensed person making false entry in book of name, abode and pro- 
 fession of owner of horse, &c. brought for slaughter. 
 
 16. Collar makers, &c. killing any sound or useful horse, &c. {Note 142)- 
 
 or 
 
 17. Boiling or otherwise curing the flesh thereof for sale. 
 
 18. Lending any house, &c. for slaughtering without taking out licence. 
 
 [See further, title "Cruelty to Animals," ante, p. 276.] 
 
 INCLOSURES. 
 
 1. Wilfully and unlawfully breaking down, destroying, carrying away, or 
 damaging any fence, stile, post, rail, gate, bridge, or tunnel, put 
 up or placed under the authority and for the purpose of any in 
 closure act 
 
 2. Wilfully or maliciously committing damage, injury or spoil to or upon 
 
 any fences, ditches or other woi'ks made or done for the purposes 
 of inclosure [where valuer has ordered rights of sheep-walk, com- 
 mon or other rights to be extinguished or suspended], 
 
 or 
 
 3. To or upon any allotment [where directed to be made and entered 
 
 upon by the person for whom intended]. 
 
 26 Geo. 3, 
 c. 71, s. 10. 
 
 Id. o. IS. 
 
 Id. ». 13. 
 
 41 Geo. 3,- 
 i:. 109, s. 28. 
 
 11 & 12 Vict 
 c. 99, s. 10 
 (Note 143). 
 
 142 Killing to be stayed.'] The inspector appointed, if he find horse free from disease 
 or that horse has been stolen, &c. may prohibit the slaughtering for 8 days, and cause an 
 advertisement to be inserted in a public newspaper twice or oftener, unless the owner shall 
 sooner claim it. The expense of such advertisement to be paid by the occupier of the 
 slaughtering-house, and on refusal, and thereof convicted, to forfeit double the amount of 
 
 Digitized by Microsoft® 
 
CHAP. II.] HORSE SLAUGHTERING-INCLOSURES. 
 
 343 
 
 Time of laying 
 
 Informatlou, 
 
 Sec. 
 
 15 
 
 Within 6 
 cal. m. 
 (11 & 12 Vict. 
 c. 43, s. 11). 
 
 161 
 17/ 
 
 Id. 
 
 18 Id. 
 
 1 Within 
 6 cal. m. 
 (U & 12 Vict 
 c. 4.3, B. 11). 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 One, 
 
 where 
 
 house 
 
 situate. 
 
 Id. 
 
 Id. 
 
 ) On oath, 
 \ (7&8 
 Geo. 4, c. 30, 
 
 s. 30), and 
 within 3 cal. 
 m. ( Id. s. 29, 
 
 Note 143)- 
 
 Penalty, &c. 
 
 ana 
 
 Mode of enforcing. 
 
 Not exc. £20, nor less than jglO ;- 
 levied by distress;. — if insuffi- 
 cient, the justice, after sale of 
 such as shall be found, to commit, 
 with h. 1. for not exc. 3 cal. m., 
 nor less than 1 m., unless sooner 
 paid (s. 10). 
 
 Not exc. £20, nor less than £10 
 (s. 15); — recovered by distress; 
 — in default, imprisonment for not 
 exceeding 3 calendar months (11 
 & 12 Vict. c. 43, ss. 19, 22, ante, 
 pp. 175, 179), unless sooner paid. 
 
 Not exceeding |620, nor less than 
 £10 ; — if n'otpaid forthwith, com 
 mitment for not exceeding 3 
 calendar months, nor less than 1, 
 unless sooner paid (s. 13). 
 
 One 
 
 (41 G. 3, 
 
 c. 109). 
 
 Two 
 
 (8 &9 
 
 Vict. 
 
 c. 118, 
 
 8. 159,) 
 
 near 
 
 parish 
 
 inclosed- 
 
 and not 
 
 interested 
 
 (s. 39). 
 
 Two 
 
 (11&12 
 Vict, 
 u. 99, 
 s. 10) 
 
 If Ap- 
 peal, and 
 Time, 
 
 Not exceeding £5 (s. 28) ;— levied 
 by distress (s. 39) i — imprison- 
 ment in default, under 11 & 12 
 Vict. c. 43. s. 22, ante, p. 179, for 
 not exceeding 3 calendar months, 
 unless sooner paid. 
 
 Forfeit a reasonable compensation 
 for the damage, injury or spoil 
 committed, not exceeding £5 
 (s. 10); — in default, imprison- 
 ment under 7 & 8 Geo. 4, c. 30, 
 with or without hard labour, for 
 not exceeding 2 calendar months 
 unless sooner paid. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 Penalty, Sec. 
 to whom 
 payable. 
 
 One moiety 
 to inf. and 
 the other 
 moiety to 
 overs, for 
 poor, where 
 offender re- 
 sides (s. 10). 
 
 Id. 
 
 One moiety 
 to inf. and 
 
 rem. to 
 
 overs, for 
 
 poor, where 
 
 offence 
 committed 
 
 (s. 13). 
 
 Where ap- 
 plication 
 not directed 
 by any par- 
 ticular act, 
 to be ap- 
 plied as 
 commrs. 
 direct 
 (s. 39). 
 
 Yes 
 (see 
 Note 
 
 166, 
 
 tit. 
 "Mali- 
 ciotts 
 Inju- 
 ries"). 
 
 To the va- 
 luer, or to 
 the person 
 in posses- 
 sion of 
 allotment 
 (11 & 12 
 Vict. c. 99 
 ». 10). 
 
 the charge, to be raised by distress and sale (s. 5). Form No. 13, p. 140, Oke's " Formu- 
 
 '"litL'telllon <^ Provisions.] The provisions of the Malicious Injuries Act 7 & 8 Geo 
 4, t 30, are to apply to proceedings under the acts to which this note is appended. The 
 notes under that title, post, will therefore also apply here. 
 
 Digitized by Microsoft® 
 
344 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 INCLOSURES— ciraWnucrf. 
 
 4, Exercising any act of ownership upon or in respect of any land inclosed 
 the rights of sheep walk, common, or other rights, in, upon or over 
 which shall have been extinguished or suspended by the valuer, 
 or directed to be entered upon, whether by erecting huts, or other 
 buildings or erections thereon, or by putting up fences, or digging 
 therein. 
 
 5. Any person having any stock or animals on any regulated pasture, 
 contrary to the regulations of such pasture. 
 
 6. If any person wilfully cause any injury or damage to any fence of any 
 
 town or village green or land allotted and awarded upon any in- 
 closure as a place for exercise and recreation, 
 or 
 
 7. Wilfully and without lawful authority lead or drive any cattle or 
 
 animal thereon, 
 or 
 
 8. Wilfully lay any manure, soil, ashes or rubbish, or other matter or 
 
 thing thereon, 
 or 
 
 9. Do any other act whatsoever to the injury of such town or village 
 
 green or land, or to the interruption of the use or enjoyment 
 thereof as a place for exercise and recreation. 
 
 \_See tit. " Commons, S;c." ante, p. 264] 
 
 INDUSTRIAL SCHOOLS I^Note 143 a). 
 
 1. If a child brought up a second time on a charge of vagrancy after the 
 parent, &c. has given a written assurance to be responsible for the 
 child's behaviour during the period, and it he proved that such 
 last-mentioned act of vagrancy has taken place through the neg- 
 lect of the parent. 
 
 2. Any person who directly or indirectly withdraws a child from the cer- 
 
 tified industrial school to which he has been sent, — or induces him 
 
 to abscond therefrom, — previous to his attaining the age of 15 
 
 years, or being duly discharged, 
 
 or 
 
 3. Who knowingly conceals or harbours him, — or in any way prevents 
 
 his return. 
 
 12 & 13 Vict, 
 c. 83, s. M) 
 (JVo<eil43)- 
 
 15 & 16 Vict 
 c. 79, s. 33 
 (^Note 143). 
 
 20 & 21 Vict, 
 c. 31, s. 12. 
 
 20 & 21 Vict 
 c. 48, s. 7. 
 
 Id. s. 19. 
 
 143 a Special Provisions of Industrial Schools Act.] The several provisions of the "In- 
 dustrial Schools Act, 1857" (20 & 21 Vict. c. 48), are given under title " Industrial 
 
 Digitized by Microsoft® 
 
CHAP. II.] INCL0SURES-INDU8TRIAL SCHOOLS. 
 
 345 
 
 Time of laying 
 iDrormatlon, 
 
 Number 
 aod what 
 Justices to 
 
 convict. 
 
 Penally. &c. 
 Mode of enforcing. 
 
 IfAp. 
 
 pea), and 
 
 Time, 
 
 ic. 
 
 Penalty, &c> 
 to wliom 
 payable. 
 
 Page, &c. 
 
 of 
 Formull«t. 
 
 4 On oath 
 
 Two 
 
 Forfeit and pay for and in respect of 
 
 Yes 
 
 To the va- 
 
 
 (7 & 8 
 
 (12&13 
 
 every such act of ownership, not 
 
 (see 
 
 luer, or to 
 
 
 Geo. 4, c. 30, 
 
 Vict. 
 
 exc. £6 by way of pen., and the 
 
 Note 
 
 the person 
 
 
 s. 30), and 
 
 c. 83, 
 
 justices may, by order, vest any 
 
 >166> 
 
 in posses- 
 
 
 within 3 
 
 s. 10). 
 
 property or effects erected, &c. 
 
 tit. 
 
 sion of 
 
 
 cal. m. 
 
 
 upon the land in the valuer (s. 1 9) i 
 
 "Mali- 
 
 allotment 
 
 
 (Id. s. 29, 
 
 
 — in default of payment of pen.. 
 
 cious 
 
 (12 & 13 
 
 
 Note 143)- 
 
 
 impr. as in Offences 2, 3, supra. 
 
 Inju- 
 ries"). 
 
 Vict. c. 83, 
 s. 10). 
 
 
 5 Id. 
 
 Two 
 
 To forfeit and pay for and in respect 
 
 Id. 
 
 To the 
 
 
 
 (15&16 
 
 of each head of stock or animal 
 
 
 field reeve 
 
 
 
 Vict. 
 
 found, not exc. £5, by way of 
 
 
 in aid of 
 
 
 
 c. 79, 
 
 pen. (s. 33) ;— impr. in default, as 
 
 
 rates (15 & 
 
 
 
 s. 33). 
 
 Offences 2, 3, supra. 
 
 
 16 Vict, 
 c. 79, s. 33). 
 
 
 6\ Within 
 9/ 6 cal. m. 
 
 Two 
 
 Forfeit over and above the damages 
 
 No. 
 
 Towards 
 
 
 (20&21 
 
 occasioned thereby not exc. 40*.: 
 
 
 highway 
 
 
 (11 & 12 Vict. 
 
 Vict. 
 
 churchw. &c. to sell manure, &c., 
 
 
 rates, or 
 
 
 c. 43(8. 11), 
 
 c. 31, 
 
 and if not of sufficient value to 
 
 
 to owner of 
 
 
 by churchw. 
 
 s. 12). 
 
 defray expenses of removal, the 
 
 
 soil (20 & 
 
 
 or overs, or 
 
 
 offender to repay the cost; — to 
 
 
 21 Vict. 
 
 
 owner of soil 
 
 
 be recovered, with penalty and 
 
 
 c. 31, s. 12). 
 
 
 (20 & 21 Vict. 
 
 
 damages, under 11 & 12 Vict. 
 
 
 
 
 c. 31, 0. 12). 
 
 
 c. 43, i.e. — by distress(s. 19, ante, 
 p. 175); — and in default, impr. 
 for not exc. 3 calendar months, 
 unless sooner paid (s. 22, — see 
 on*c, p. 179). 
 
 
 
 
 1 Within 6 
 
 Two 
 
 Parent, &c. to forfeit not exc. 40s. 
 
 No. 
 
 Treasurer 
 
 
 cal. months 
 
 (s. 2). 
 
 (s. 7) ; — recovered by distress (11 
 
 
 of county 
 
 
 (11 & 12 Vict. 
 
 
 & 12 Vict. c. 43, s. 19, ante, p. 
 
 
 (see ante. 
 
 
 <;. 43, s. 11). 
 
 
 175) ; — in default impr. for not 
 exc. 3 cal. m. unless sooner paid 
 (Id. s. 22, see on<e, p. 179). 
 
 
 p. 190), 
 no appro- 
 priation by 
 
 the act. 
 
 
 2) Id. 
 3$ 
 
 Two, 
 
 Not exceeding 162 (s. 19);— reco- 
 
 No. 
 
 Id. 
 
 
 in or 
 
 vered by distress, and impr. in 
 
 
 
 
 
 near the 
 
 default, as in Offence No. 1, 
 
 
 
 
 
 place 
 
 supra. 
 
 
 
 
 
 where 
 
 
 
 
 
 
 offence 
 
 
 
 
 
 
 com- 
 
 
 
 
 
 
 mitted 
 
 
 
 
 
 
 or of- 
 
 
 
 
 
 
 fender is 
 
 
 
 
 
 
 (s. 19). 
 
 
 
 
 
 Schools," in Part III. of this Work. By ss. 5, 6, when the child, above the age of seven, 
 and under the age of fourteen, is brought before two or more justices on a charge of vag- 
 
 Digitized by Microsoft® 
 
346 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 INDUSTRIAL AND PROVIDENT SOCIETIES. 
 
 [The offences under title "Building Societies," ante, p. 254, are 
 equally applicable to these societies ; see Note 50 a, and this 
 title in Chap. 2 of Part III. of this work.] 
 
 INSURANCE COMPANIES, see 7 & 8 Vict. .;. 110, title " Joint Stock 
 Companies," which applies. 
 
 JOINT STOCK COMPANIES. 
 
 1. Promoter of company failing to register it with particulars [see 10 & 
 11 Vict. c. 78, s. 5]. 
 
 2. Solicitor of company failing to make returns. 
 
 3. Not transmitting to the registrar copy of supplementary deed of set- 
 
 tlement, — or changes and additions of members, or yearly return 
 of name of company. 
 
 IVide other penalties in ss. 24, 26, 28, 57, 58 and 65, and 10 & 
 11 Vict. c. 78, ss. 6, 7.] 
 
 4. Company making default in keeping a register of shareholders, — or in 
 
 sending a copy of a list and summary of the register to the regis- 
 trar. 
 
 [Mem. By 20 S; 21 Vict. c. 14, s. 7, <Ae company converting 
 
 capital into stock is to keep also a register of the names, Sfc. qfthe 
 
 owners of suck stock, under like penalties.^ 
 
 15 & 16 Vict. 
 
 u. 31, B. 8, 
 
 incorporated 
 
 with 10 Geo. 4, 
 
 c. 56, s. 25, and 
 
 13 & 14 Vict. 
 
 c. 115, s. 26. 
 
 7 & 8 Vict. 
 
 c. 110, s. 5 
 
 (Aro<el43b). 
 
 Id. s. 6. 
 
 Id. ss. 10, 11, 14. 
 
 19 & 20 Vict 
 c. 47, s. 18 
 {Note 144). 
 
 rancy under any local or general act, they may deliver him up to the parent, or where an 
 orphan the guardian or nearest adult relative, on his giving a written assurance to be re- 
 sponsible for the good behaviour of the child for any period not exceeding twelve months. 
 Sect. 22 provides what shall be sutficient evidence of certificate of school, identity of 
 child, and making of orders. Sect. 20 provides, that the leaving of any summons issued 
 by a justice under the act at the usual or last known place of abode of the party to whom 
 the same is directed is to be deemed a good and sufficient service thereof. 
 
 143 b Recovery of Penalties under 1 8; & Vict. e. 110- Witnesses— Effect of 19 8; 20 Vict, 
 c. 47, on prior Acts.] By s. 76, actions may be commenced in the superior courts for re- 
 covery of any penalty under it ; but the action is to be in the name and with the consent 
 of the attorney-general (s. 77). By s. 72, witnesses summoned by justices and not ap- 
 pearing, &C. to forfeit not exceeding £5. By the Joint Stock Companies Act, 1856 (19 
 & 20 Vict. c. 47, o. 107), the 7 & 8 Vict. u. 110, and 10 & 11 Vict. c. 78, were repealed, 
 to take effect after the registration of the company under the 19 & 20 Vict. c. 47 ; but see 
 the Act of 1857, 20 & 21 Vict. c. 14, ss. 4, 23, 24, 25, 26 and 27, which latter section 
 requires every company (except a banking or insurance company, 19 & 20 Vict c. 47, 
 ». 2), registered under tiie 7 & 8 Vict. c. 110, to register under this act of 20 & 21 Vict, 
 li. 14, on or before the 2nd of November, 1857. 
 
 143 C .iippeal.'] By s. 74, — " if any person shall think himself aggrieved by the judg- 
 
 Digitized by Microsoft® 
 
CHAP. 11.] INDUSTRIAL, &c. SOCIETIES— JOINT STOCK CO. 347 
 
 'rime of laylDff 
 loformatioDt 
 
 Number 
 
 and what 
 
 Justices to 
 
 mnvict. 
 
 1 Within 
 6 months 
 
 (s. 73). 
 
 2 Id. 
 
 Id. 
 
 4 
 
 Within 
 
 6 cal. m. 
 
 (11 & 12 Vict 
 
 c. 43, s. 11, 
 see Note 144)' 
 
 Two 
 
 (s. 69). 
 
 Id. 
 
 Id. 
 
 Two 
 
 or 
 
 more 
 
 (s. 56). 
 
 Penalty, &c. 
 and 
 
 Mode of enforcing. 
 
 [Same as title '' Building Societies,' 
 ante, p. 255.] 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to ufiom 
 payable. 
 
 Not exc. £20 (s. 5) ;— recovered hy 
 distress ; — in default, impr. for 
 not exc. 3 months, unless sooner 
 paid (s. 71). 
 
 Not exc. £20, and liable to be sus- 
 pended from practice (s. 6) ; — 
 recovered as Offence 1, supra. 
 
 Not exc. £20 (ss. 10, 11, 14) ;— ; 
 covered as Oifence 1, supra. 
 
 Not exc. £5 for every.day default 
 continues (s. 18); — recovered by 
 distress (11 & 12 Vict. c. 43, s. 19, 
 ante, p. 175) ;— in default, impr. 
 for not exc. 3 cal. months, unless 
 sooner paid (Id. s. 22, see ante, 
 p. 179). 
 
 143 c). (s.72). 
 
 Yes 
 (s. 74, 
 Note 
 
 Page, Sec. 
 
 of 
 Formulltst. 
 
 Half to inf., 
 half to Her 
 Majesty 
 
 Id. 
 
 Id. 
 
 No. 
 
 Id. 
 
 Id. 
 
 Her Ma- 
 jesty, after 
 paying costs 
 
 and re- 
 warding inf. 
 
 (s. 57), 
 
 ment of such justices, he may within one calendar(s. 3) month next after such conviction, 
 -and upon mving ten days' notice of appeal in writing to the party in whose favour such 
 judgment shall have been given, stating the nature and grounds of appeal,-and entering 
 into recognizances with two sufficient sureties to the amount of the value [«c] of such 
 penalty and costs, together with such further costs as shall be awarded in case such judg- 
 ment shall be affirmed, -appeal to the next general quarter sessions of the peace for the 
 county, city or place where such conviction shall have been made ;-and the justices at 
 such sessions are hereby empowered to summon and examine witnesses on oath and to 
 hear and finally determine the matter of such appeal, and to award such costs as the court 
 shall think reasonable to the party in whose favour such appeal shall be determined. 
 
 144 fThat Companies within 19 Sf 20 Vict. c. 47. Ssc.-Sermce of Sumnm^s on Company.-] 
 TheTct noticed I this title as 19 & 20 Vict. c. 47, is " The Joint Stock Companies Act 
 1856," which does not "apply to persons a^^°/'^t«d together for the purpose rf banking 
 or insurance" (s. 2). It repeals " The Limited Liability Act, 1855," 18 & 19 Vict. c. 133, 
 and contains various provisions as to the incorporation of companies consisting of more 
 than twpntv tiersons fss 3- 15) ; but see 20 & 21 Vict. c. 14, "The Joint Stock Com- 
 
 &C-, and other sections of the Act of 1857 which vary the provisions of the Act of 1856 , .ee 
 also 20 & 21 Vict. c. 80. By 19 & 20 Vict c. 47, s. S3,-" any summons or notice re- 
 
 Digitized by Microsoft® 
 
348 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 JOINT STOCK COMPANIES— confa-naed. 
 
 5. Refusing inspection by shareholder of the register of shareholdere,- 
 oi: to give a copy of same on payment. 
 
 6. Limited company not painting, &c. name on outside of office or place 
 of business, &c. (see s. 30). 
 
 7. Officer of company, or any person on its behalf, using a seal of a 
 company whereon name not engraven as directed by s. 30, — or 
 issuing document or signing cheques, &c. whereon name is not 
 mentioned. 
 
 8. Not giving notice to registrar of increase of capital authorized, within 
 \& days. 
 
 9. Refusing to produce books, &c. of company to inspectors appointed 
 by the Board of Trade, — or to answer questions put by the in- 
 spectors relating to the company's afiairs. 
 
 10. Company not giving notice of conversion of capital into stock to the 
 registrar within 15 days of passing of resolution. 
 
 11. Company not forwarding copies of memorandum and articles of 
 association to the shareholders, pursuant to s. 27 of 19 and 20 
 Vict. c. 47. 
 
 12. Liquidators not reporting dissolution of a company wound up. 
 
 19 & 20 Vict 
 c. 47, s. 23. 
 
 Id. s. 31. 
 
 Id. 
 
 Id. s. 37. 
 
 Id. s. 49. 
 
 20 & 21 Vict 
 
 c. 14, s. 6 
 
 (Note 144). 
 
 Id. s. 10. 
 
 Id. s. 20. 
 
 13. Any company required to register under the acts, making default in Id. s. 28. 
 registering within the periods stated. 
 
 [ifee tit. "Banking Companies," ante, p. 234.] 
 
 quiring to be served upon the company may, except in cases where a particular mode of 
 service is directed, be served by leaving the same, or sending it through the post addressed 
 to the company at their registered office, or by giving it to any director, secretary -or other 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 JOINT STOCK COMPANIES. 
 
 349 
 
 TimeofUilDE 
 
 Number 
 and what 
 Ju^trces to 
 convict. 
 
 Penalty, 4c. 
 
 and 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 Sec. 
 
 Penalty, Sec 
 to wfiom 
 payable. 
 
 Pag-e, Sec. 
 
 of 
 Formalist. 
 
 5 Within 6 
 
 cal: months 
 (11 & 12 Vict. 
 C.43, s. 11, 
 see Note 144)- 
 
 Two 
 or more 
 (s. 56). 
 
 Not exc. £2, and a further penalty 
 of not exc. £2 for every day re- 
 fusal continues (s. 23); — reco- 
 vered as Offence 4, supra. 
 
 No. 
 
 Her ma- 
 jesty, after 
 paying 
 
 costs and 
 rewarding 
 inf. (s. 57). 
 
 •• 
 
 6 Id. 
 
 Id. 
 
 Not exc. £5 for not painting, &c., 
 and for every day during which 
 name not keptpainted and afBxed 
 (s. 31); — recovered as Offence 4. 
 
 No. 
 
 Id. 
 
 ■• 
 
 7 Id. 
 
 Id. 
 
 £50 (s. 31); — ^recovered as Offence 
 4, supra. 
 
 No. 
 
 Id. 
 
 •• 
 
 8 Id. 
 
 Id. 
 
 Not exc. £5 for every day neglect 
 to give notice continues (s. 37) ; 
 — recovered as Offence 4, supra. 
 
 No. 
 
 Id. 
 
 •• 
 
 9 Id. 
 
 Id. 
 
 Not exc. £5 (s. 49);— recovered as 
 Offence 4, supra. 
 
 No. 
 
 Id. 
 
 •• 
 
 10 Id. 
 
 Id. 
 
 Not exc. £5 for every day neglect 
 continues (s. 6); — recovered as 
 Offence 4, supra. 
 
 No. 
 
 Id. 
 
 •• 
 
 11 Id. 
 
 Id. 
 
 For each offence not exc. £1 (s. 10) ; 
 — recovered as Offence 4, supra. 
 
 No. 
 
 Id. 
 
 •• 
 
 12 Id. 
 
 Id. 
 
 Not exc. £5 for every day in de- 
 fault, and while so in default not 
 entitled to compensation for ser- 
 vices (s. 20); — ^recovered as Of- 
 fence 4, supra. 
 
 No. 
 
 Id. 
 
 ■• 
 
 IS Id. (by 
 any person). 
 
 Id. 
 
 Each director or manager to forfeit 
 £5 each day company in default 
 (s. 28) ; — recovered as Offence 4, 
 supra. 
 
 No. 
 
 To inf. 
 (s. 28). 
 
 •• 
 
 principal officer of the company." This mode must be adopted instead of that provided 
 by the 11 & 12 Vict. c. 43, s. 1, ante, p. 112. 
 
 Digitized by Microsoft® 
 
350 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 JURORS. 
 
 1. Neglect of Duty by High Constables.} Refusing or neglecting for 14 
 
 days after service of clerk of peace's warrant, to issue precepts to 
 churchwardens and overseers, or to annex sufficient ijumber of 
 forms thereto, or to deliver additional number demanded, provided 
 he has them, 
 or 
 
 2. If insufficient, refusing or neglecting to apply to clerk of peace for 
 
 same, or to deliver same within 3 days after receipt to party 
 demanding, 
 or 
 
 3. To attend petty sessions, or adjournment thereof, or to receive lists 
 
 there tendered by the justices, 
 or 
 
 4. To deliver same to the quarter sessions, 
 
 or 
 
 5. Making any alteration in any list after receipt thereof. 
 
 l^s to neglect by Churchwardens and Overseers, see post, " Overseers."] 
 JUVENILE OFFENDERS. See Chapter IV. of this Part, post. 
 
 LANDLORD AND TENANT. See title " Distress," ante, pp. 282, 
 284, and as to damage by Tenants in the Metropolis, see 2 & 3 
 Vict. c. 71, B. 38. 
 
 LARCENY. 
 
 I. Of Animals, p. 350. 
 II. Of Trees, Fences, Sjc, p. 356. 
 III. Accessories and Receivers, p. 3S8. 
 
 I. Of Animals. 
 
 1. Deer in uninclosed Ground.'} Any person unlawfully and wilfully 
 
 coursing, hunting, snaring, 
 or 
 
 2. Carrying away, 
 
 or 
 
 3. Killing or wounding, 
 
 or 
 
 4. Attempting to kill or wound, 
 
 any deer kept or being in the uninclosed part of any forest, 
 chase or purlieu. 
 
 6 Geo. 4, c. 50, 
 B. 44. 
 
 7 & 8 Geo. 4, 
 c. 29, s. 26 
 {Note 145). 
 
 145 Discharge from first Conviction, and Pardon by Crown.} Any person summarily 
 convicted before a justice of » first offence against these acts (7 & 8 Geo. 4, cc. 29, SO), 
 may be discharged from his conviction by the justice if he thinks fit, upon making satis- 
 faction to the party aggrieved for damages and costs, or either of them, as ascertained by 
 the justice (s. 68 of 7 & 8 Geo. 4, c. 29 ; s. 34 of 7 & 8 Geo. 4, c. 30) ; and by s. 69 of 7 
 & 8 Geo. 4, c. 29, and s. 35 of 7 & 8 Geo. 4, c. 30, the crown may pardon a person 
 imprisoned under the act, although for nonpayment of money to another party. Forms of 
 Discharge, Sjc. Nos. 26, 27, Oke's " Formulist," 2nd edit., pp. 152, 153. 
 
 146 Third Offence, Felony.} By the 12 & 13 Vict. c. 11, s. 3, for a third offence under 
 statutes 7 & 8 Geo. 4, cc. 29, 30, and 10 & 11 Vict. c. 82 (Juvenile Offenders' Act), the 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 JURORS- LARCENY. 
 
 351 
 
 Time of laying: 
 iDtbrmalioxi. 
 
 1 i Within 
 si 6 cal. m. 
 (11 & 12 Vict. 
 .;. 43, s. 11). 
 
 Nuroher 
 and wliat 
 Justices to 
 
 convict. 
 
 One 
 
 (s. 55). 
 
 !} 
 
 On oath 
 (s. 65), 
 and within 
 3 cal. m. 
 (s. 64, Note 
 148, and 
 Note 149, post, 
 p. 352. 
 
 One 
 
 Penalty, Sec. 
 
 and 
 
 Mode of enforcing. 
 
 For every such offence, to forfeit a 
 sum not exc. iglO, nor less than 
 iOs. (s. 44);— unless forthwith 
 paid, levied by distress ; — the 
 pen. may be mitigated to the ex- 
 tent of one moiety. In default, 
 commitment for not exc. 6 cal. m., 
 unless sooner paid (s. 55). 
 
 [Mem. As to Offence 3, the justices' 
 clerk is required by s. 10 to give 
 notice to the High Constable of the 
 Special Petty Sessions for review- 
 ing, <^c. the jury lists, before the 
 20th of August preceding.'\ 
 
 If Ap- 
 peal, and 
 Time, 
 
 Sic. 
 
 1st Offenee. Not exc. £50 (s. 26) ;— 
 in default of payment, impr. with 
 or without h. 1. for not more than 
 2 cal. m. where amount to be paid, 
 with costs, do not exc. £6 ; — for 
 not more than 4 cal. m. where not 
 exc. jglO ; —and for not more than 
 6 cal. m. in any other case, unless 
 sooner paid (s. 67). 
 2nd Offence. Felony (s. 26.) 
 3rd Offence. (See Note 146.) 
 
 Penalty, Sic. 
 to whom 
 payable. 
 
 No. 
 
 Yes 
 (s. 72, 
 Note 
 
 150, 
 
 post, 
 p.352). 
 
 The com- 
 plainant 
 (s. 55). 
 
 Page, &c. 
 
 of 
 Forniullst. 
 
 Overseers 
 where 
 offence 
 
 committed, 
 
 for CO. rate 
 (s. 66, 
 
 Note 152, 
 
 post, 
 
 p. 353). 
 
 No. 1, 
 p. 148. 
 
 offender would be liable to be indicted for a felony and sent to penal servitude for not ex- 
 ceeding seven nor- less than 3 years. 
 
 147 JSearch Warrant, ^c] A search warrant can also be granted for stolen property ; 
 and any person to whom property is offered to he sold, pawned or delivered, may, if he 
 suspect any offence has been committed in respect of it, apprehend the person offering; and 
 talte him before a justice (s. 63). ( Fide Forms of Complaint and Search Warrant, Nos. 2, 
 S, Oke's" Formulist," 2nd edit., f. US.) . . ,. , -v. 
 
 148 Apprehension without Warrant.] Offender found committing any oi the oftences 
 under 7 & 8 Geo. 4, c. 29 (except Nos. 17-19, angling in the daytime), may be imme- 
 
 Digitized by Microsoft® 
 
352 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 LARCENY— conimwei. 
 
 I. Of Animals— cow*J7>Med. 
 
 5, Person in whose possession, or knowingly having on his premises, any 
 deer, or head, skin or other part thereof, 
 
 6. Any snare or engine for the taking of deer, found by virtue of a search- 
 
 warrant {mde Note 147), and lot satisfying a justice that he came 
 lawfully by the same, &o. 
 
 7. Person from whom deer first received, or who had possession thereof, 
 
 not satisfying the justice that he came lawfully by same. 
 
 [Mem. a summons may he granted to any person through whose 
 hands venison passed (Id. s. 27).] 
 
 Setting Engines, 8;c. for Deer.'] Unlawfully and wilfully setting or 
 using any snare or engine whatsoever for the purpose of taking or 
 killing deer in any part of any forest, chase or purlieu, whether 
 inclosed or not. 
 
 9. in any fence or bank dividing the same from any land adjoining, 
 
 or 
 
 10. in any inclosed land where deer usually kept, 
 
 or 
 
 11. destroying any part of the fence of any land where deer then 
 kept. 
 
 [See title " Game," ante, p. 290.] 
 
 7 & 8 Geo. 4, 
 c. 29, s. 27 
 (Note 145)- 
 
 Id. 
 
 Id. s. 28. 
 
 diately apprehended without warrant by any peace officer, or by the owner of the property 
 on or with respect to which the offence shall be committed, or by his servant, or any person 
 authorized by him, and forthwith taken before some neighbouring justice to be dealt with 
 (s. 63). 
 
 149 Information on Oath."] The case of Reg. v. Millard, noticed ante, p. 97, seems to have 
 decided that if the party appear before the justice, it is not necessary that the information 
 should have been upon oath to warrant the justice in proceeding to convict him. 
 
 150 Appeal.] By 7 & 8 Geo. i, c. 29, s. 72, — " in all cases where the sum adjudged to be 
 paid on any summary conviction shall exceed £5. [see Beg. v. Justices of Warwickshire, 
 Note 7, p. 1 92], — or the imprisonment adjudged shall exceed one calendar month, — or the 
 conviction shall take place before one justice only, — any person who shall think himself 
 aggrieved by any such conviction may appeal to the next court of general or quarter ses- 
 sions which shall be holden not less than 12 days after the day of such conviction for the 
 county, riding or division wherein the cause of complaint shall have arisen i — provided 
 that such person shall give to the complainant a notice in vpriting of such appeal, and of 
 the cause and matter thereof, within three days after such conviction, and seven clear days 
 at the least before such sessions, — and shall also either remain in custody until the sessions, 
 or enter into a recognizance with two sufficient sureties before a justice of the peace, con- 
 ditioned personally to appear at the said sessions and to try such appeal, and to abide the 
 judgment of the court thereupon, and to pay such costs as shall be by the court awarded; 
 — and upon such notice being given, and such recognizance being entered into, the justice 
 before whom the same shall be entered into shall liberate such person if in custody, — and 
 the court at such sessions shall hear and determine the matter of the appeal, and shall 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 LARCENY. 
 
 353 
 
 Time of laying 
 
 Infurmatiou, 
 
 See. 
 
 Number 
 and what 
 JiiBticch to 
 
 convict. 
 
 Penally, &c. 
 
 and 
 
 Mode of enforcing:. 
 
 If Ap- 
 peal, and 
 Tln.e, 
 ic. 
 
 Pciialiv, &c 
 to whom 
 payable. 
 
 Page, Ic. 
 Formulist. 
 
 5 I On oath 
 
 6 ) (s. 65), 
 
 One. 
 
 Not exceeding £20 (s. 27); -im- 
 
 Yes 
 
 Overseers 
 
 No. 4, 
 
 
 prisonment in default of payment. 
 
 (s. 72, 
 
 where 
 
 p. 149. 
 
 and within 
 
 
 as Offences 1 to 4, supra. 
 
 Note 
 
 offence 
 
 3 cal. m. 
 
 
 
 150). 
 
 committed 
 
 
 (s. 64, 
 
 
 
 
 for CO. rate 
 
 
 Notes 
 
 148. 149). 
 
 
 
 
 (s. 66, 
 Note 152). 
 
 
 7 Id. 
 
 One. 
 
 Not exceeding £20 (s. 27);— im- 
 prisonment in default of payment, 
 as Offences 1 — 4, supra. 
 
 Id. 
 
 Id. 
 
 Nos. 
 5, 6, 7, 
 p. 149. 
 
 8\ Id. 
 11/ 
 
 One. 
 
 Not exceeding £20 (s. 28) ; — in de- 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 fault of payment, imprisonment 
 
 
 
 8,9, 
 
 
 
 with or without hard labour for 
 
 
 
 p. 149. 
 
 
 
 not more than 2 cal. m. where 
 
 
 
 
 
 
 amount to be paid with costs do 
 
 
 
 
 
 
 not exc. £5 ; — for not more than 
 
 
 
 
 
 
 4 cal. m. where not exc. £10 ; — 
 
 
 
 
 
 
 and for not more than 6 cal. m. 
 
 
 
 
 
 
 in any other case, unless sooner 
 
 
 
 
 
 
 paid (s. 67). 
 
 
 
 
 make such order therein, with or without costs to either party, as to the court shall seem 
 meet ; — and in case of the dismissal of the appeal, or the affirmance of the conviction, shall 
 order and adjudge the offender to be punished according to the conviction, and to pay such 
 costs as shall he awarded, and shall, if necessary, issue process for enforcing such judg- 
 ment " 
 
 151 Observation.'i House doves or pigeons are the subject of larceny at common law 
 (i. e. simple larceny punishable on indictment) only when they are confined {vide Mem. 
 p. 354). 
 
 152 Application of Penalty — Several Offenders.'] The sum forfeited for the value of any 
 property stolen, or for the amount of any injury done, is to be paid to the party aggrieved, 
 if known, except where such party shall have been examined in proof of the offence, — and 
 in that case,— or where the party aggrieved is unknown, to be applied in the same manner 
 as a penalty, — which is to be paid to the overseer of the poor where offence committed for 
 the county rate; — provided that where several offenders join in the commission of the 
 same offence, and shall each be adjudged to forfeit a sum equivalent to the value of the 
 property or to the amount of the injury, no further sum shall be paid to the party aggrieved 
 than that which is forfeited by one of such offenders only (s. 66). By 18 & 19 Vict. c. 126, 
 s. 22, •' in all cases where any justice or justices of the peace have or shall hereafter have 
 power to order a sum of money to be forfeited and paid to the party aggrieved, as amends or 
 compensation for any injury to property, real or personal, the right of such party to receive 
 the money so ordered to be paid shall not be affected by such party having been examined 
 as a witness in proof of the offence, any law or statute to the contrary notwithstanding." 
 
 0. S, A A 
 
 Digitized by Microsoft® 
 
354 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 LARCENY— con^mued. 
 
 I. Of Animals — continued. 
 
 12. Beasts, Birds, Sjc.'] Stealing any beast or bird ordinarily kept in a 
 
 state of confinement, not being the subject of larceny at common 
 
 law. 
 
 « 
 
 [Mem. *' Larceny at common law* ' is a felonious taking and carryiTig 
 away of the personal goods of another, and therefore cannot be com- 
 mitted of beasts or birds, in which there is no property either absolute 
 or qualified ; as of beasts that are ferse naturae, and unreclaimed, 
 as deers, hares, coneys, rooks, as also those which are not fit for the 
 food qf man, as bears, foxes, monkies, cats, ferrets, and the like 
 (Rex V. Searing, Russ. & Ry. 6.50; 2 East's P. C. 614), and 
 therefore if these are " ordinarily kept in a state of confinement," 
 the stealing of any of them is punishable under this section. See 
 Locke's Game Laws, 3rd edit. p. Hi, and Arch. Cr. PI. by fVelsby, 
 J2th edit., pp. 258, 259. Pigeons in a dovecote may be subjects of 
 larceny, being tame and reclaimed, although they are free to enjoy 
 themselves in the open air (R. v. Cheafor, 21 L. J. (N.S.) M. C. 
 43 i 15 Jur. 1065 ; 15 J. P. 801).]. 
 
 13. Person in whose possession or on whose premises any such beast, or 
 
 the skin thereof, or any such bird, or the plumage thereof, found 
 by virtue of search warrant (knowing the same to be stolen). 
 
 14. House Doves or Pigeons.'] Unlawfully and wilfully killing, wounding 
 or taking any house dove or pigeon under such circumstances as 
 shall not amount to larceny at common law {Note 151)- 
 
 15. Fish.] Unlawflilly and wilfully taking or destroying, 
 
 16. Attempting to take or destroy, 
 
 any fish in any water not being such as aforesaid [i. e. not run 
 ning through or being in any land adjoining or belonging to the 
 dwelling-house of any person being the owner of such water, or 
 having a right of fishery therein], being private property, or in 
 - which there shall be any private right of fishery. 
 [_See title ^'Fisheries," ante, p. 286; and offence by officers in the 
 army, No. 13, title " Game," ante, p. 296.] 
 
 7 & 8 Geo. 4, 
 c. 29, s. 31 
 {Note 145). 
 
 Id. ». 32. 
 
 Id. !i. 33. 
 
 Id. s. 31. 
 
 153 Evidence of former Conviction.] A copy, certified by the proper officer of the court, 
 or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former 
 ofience, and the conviction shall be presumed to have been unappealed against, until the 
 contrary be shown (s. 72). Evidence of the identity of the offender is also necessary. 
 
 154 Seizure of Angling Implements — Jurisdiction of Justices.] The owner of the ground, 
 water, or fishery, his servants, or any person authorized by him, may demand from the 
 offender his rods, lines, hooks, nets or other implements, —and if he do not immediately 
 deliver up the same, they may be seized and taken from him for the use of such owner. 
 If anglers in the day-time give up their implements, or they are taken from them, they 
 are exempt from any damage or penalty for such angling (s. 35). By s. 34, if the 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 LARCENY. 
 
 353 
 
 Time of laying 
 Information, 
 
 12 
 
 On oath 
 (s. 65), 
 
 and within 
 
 8 cal. m 
 
 (s. 64, 
 
 Notes 148, 
 
 149) 
 
 13 Id. 
 
 14 Id. 
 
 15 ) Id. 
 16$ 
 
 Numher 
 and wliat 
 Justices to 
 
 convict. 
 
 One. 
 
 One. 
 
 One 
 
 (Note 
 
 164). 
 
 Id. 
 
 Penalty, &c 
 
 and 
 Mode of enforcing. 
 
 1st Offence. Forfeit, over and above 
 the value of the beast or bird, not 
 exc. 8620 (s. 31) ;— imprisonment 
 in default of payment, as Offences 
 8 to 11, supra. 
 
 2nd Offence (Note 153). Imprison- 
 ment vfith hard labour for not 
 more than 12 calendar months ; 
 and if a male, and convicted be- 
 fore two justices, they may further 
 order whipping once or twice, 
 publicly or privately, after 4 days 
 from conviction (s. 31). 
 
 The like penalty, mode of enforcing 
 and punishment as Offence 12, 
 supra, and to restore beast, &c. to 
 the owner. 
 
 Forfeit, over and above the value 
 of the bird, not exc. £2 (s. 33), 
 and impr. in default of pay- 
 ment, as Offences 8 to 11, supra. 
 
 Over and above the value of the fish 
 taken or destroyed (if any), not 
 exceeding £5 (s. 34) ; — impri 
 sonment in default of payment, 
 as Offences 8 to 1 1, supra. [ Fide 
 Note 155f ^^^ value ascertained.'] 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Yes 
 
 (s. 72, 
 Note 
 
 150). 
 
 Penalty, Sec. 
 to wnom 
 payable. 
 
 (See Note 
 
 152) 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Page, Sic. 
 
 of 
 FormuliBt. 
 
 No. 10, 
 
 pp. 
 149, 150. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 No. 12, 
 p. 150. 
 
 No. IS, 
 p. 150. 
 
 No. 14, 
 p. 150. 
 
 boundary of any parish, township or vill shall happen to be in or by the side of any such 
 water as mentioned in this section (34), it is sufficient to prove that the offence was com- 
 mitted either in the parish, &c. named in the information, or in any parish adjoining 
 thereto. 
 
 155 How Value or Amount of Damage ascertained.'] The amount of the damage actually 
 fione is the criterion, and it cannot include consequential damage ; and therefore upon an 
 indictment for an offence of damage to articles exceeding £5, it has been held that it is 
 not sufiicient to show that the actual injury to the article was £1, and that the repairs 
 rendered necessary by the damage amounted to £4 odd more (Reg. v. Whiteman, 23 L. J. 
 (N. S.) M. C. 120 ; 1 Dears. C. C. 353 ; 18 J. P. 281). 
 
 A a2 
 
 Digitized by Microsoft® 
 
356 
 
 Summary Convietiont. 
 
 [PAHT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 LARCENY — continued. 
 
 I. Of Animals — continued. 
 
 17. Any person by angling in the day-time unlawfully and wilfully taking 
 
 or destroying, 
 or 
 
 18. Attempting to take or destroy, 
 
 any fish in any such water [running through land adjoining or 
 belonging to a dwelling-house of person being owner of water, or 
 having a right of fishery therein (A'oie 154)]. 
 
 19. The like offences (as 17, 18) in water not running through land ad- 
 
 joining or belonging to a dwelling-house, but being private pro- 
 perty, or in which there is a private right of fishery (JVo(e 154)- 
 
 II. Of Trees, Fences, 8jc. 
 
 20. Trees, Shrubs, S;c. qf Value of Is.] Stealing, 
 
 or 
 
 21. Cutting, breaking, rooting up, 
 
 or 
 
 22. Otherwise destroying or damaging with intent to steal, 
 
 the whole or any part of any tree, sapling or shrub, or any un- 
 derwood, wheresoever respectively growing, the stealing of such 
 article, or the injury done, being to the amount of one shilling 
 at the least [and not exceeding £1, s. 38]. 
 
 [Mem. Stealing, 8^c. trees, Sfc. in a parJc, pleasure ground, garden, 
 orchard or avenue, or in any ground adjoining or belonging to a 
 dwelling-house, if value, Sfc. exceed £1, — or elsewhere, if exceeding 
 £5, — is felony (s. 38). If the damage be less than Is. the pro- 
 ceeding should be under sect. 24 o/ 7 § 8 Geo. 4, c. 30, Offence 9, 
 post, p: 370. Reg. ,. Dodson, 9 Ad. ^ Ell. 704 ; 5 J. P. 404.] 
 
 23. Fences, Stiles, Gates, ^•c.'] Stealing, 
 
 pr 
 
 24. Cutting, breaking, 
 
 or 
 
 25. Throwing down with intent to steal, 
 
 any part of any live or dead fence, or any wooden post, pale or 
 rail set up or used as a fence, or any stile or gate, or any part 
 thereof respectively. -' 
 
 26. Possession of Property.'] Person in whose possession, or on whose 
 
 premises with his knowledge, the whole or any part of any tree, &c 
 fence, 8cc. of the value of 2s. at the least, be found by virtue of 
 search warrant, and not satisfying the justice that he came law- 
 fully by the same. 
 
 [See tit. " Wreck," post, as to possession of shipwrecked goods.] 
 
 27. Plants, Fruits, Sjc. in Gardens, Sfc] Stealing, 
 
 or 
 
 28. Destroying or damaging with intent to steal, 
 
 any plant, root, fruit, or vegetable production growing in any 
 garden, orchard, nursery ground, hothouse, greenhouse or con- 
 servatory. 
 
 7 & 8 Geo. 4, 
 c. 24, s. 34 
 {.Note 145). 
 
 Id. 
 
 Id. s. 39. 
 
 Id. s. 40. 
 
 Id. s. 41. 
 
 Id. s. 42. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 LARCENY. 
 
 857 
 
 Time of laying 
 iDforniation. 
 
 Sic. 
 
 Number 
 and what 
 J^iBtices to 
 couvict. 
 
 Penalty, Sic. 
 
 and 
 
 Mode of enforcing^. 
 
 If Ap- 
 peal, and 
 Time, 
 etc 
 
 Penallv, &C. 
 to whom 
 payable. 
 
 ]7\ On oath 
 18/ (s.65), 
 
 and within 
 
 3 cal. m. 
 
 (s. 64, 
 
 Notes 148 
 
 149). 
 
 19 Id. 
 
 20'> 
 22 J 
 
 Id. 
 
 One 
 
 (Note 
 
 154). 
 
 Id. 
 
 One. 
 
 231 
 25) 
 
 Id. 
 
 26 
 
 Id. 
 
 } "■ 
 
 One. 
 
 One. 
 
 One. 
 
 Not exceeding £5 (s. St) ;— impri- 
 sonment in default of payment, as 
 Offences 8 to 11, supra. 
 
 Not exceeding £2 (s. 34) j — impri- 
 sonment in default of payment, as 
 Offences 8 to 11, supra. 
 
 1st Offence. Over and above the 
 value of article stolen or injury 
 done, not exceeding £5 (s. T ' 
 Note 155)i— impf. '" default of 
 payment, as Offences 8 to 11, 
 supra. 
 
 ind Offence. (Note 153-) Commit- 
 ment with h. I. for not more than 
 12 cal. m.; — and if a male, and 
 convicted before"2 justices, they 
 may order whipping once or twice 
 publicly or privately, in addi- 
 tion, after 4 days from conviction 
 (s. 39). 
 
 3rd Offence. Felony (s. 39). See 
 Note 146- 
 
 1st Offence. The like as Offences 
 
 20—22 (s. 40), supra. 
 Subsequent Offence. (Note 153- ) The 
 
 like as 2nd Offence in 20—22 
 
 (s. 40), supra. 
 
 Forfeit, over and above the value of 
 article found, not exc. 362 (s. 41), 
 and imprisonment in default of 
 payment, as Offences 8 to 11, 
 supra. [See Note 155, ''"W «>«'"« 
 ascertained.^ 
 
 1st Offence. Either impr. with or 
 without h. 1. for hot more than 6 
 cal. m. ;— or else forfeit, over and 
 above value or injury ,not exc.iC20 
 (s. 42) ; — impr. in default of pay- 
 ment, as Offences 8 to 11, supra. 
 
 Subsequent Offence. Felony (s. 42), 
 
 Yes 
 (s. 72, 
 Note 
 
 150). 
 
 Id. 
 
 Id. 
 
 Overseers 
 where of- 
 fence com- 
 mitted for 
 CO. rate 
 (s. 66). 
 
 Id. 
 
 (See 
 Notel52-) 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Digitized by Microsoft® 
 
358 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 LARCENY— conimiied. 
 
 II. Of Trees, Fences, &c.- 
 29. Roots or Plants elsewhere.^ Stealing, 
 
 -continued. 
 
 30. Destroying or damaging with intent to steal, 
 
 any cultivated root or plant used for the food of man or beast, 
 or for medicine, or for distilling, or for dyeing, or for or in the 
 course of any manufacture, and growing in any land open or 
 inclosed, not being a garden, orchard or nursery ground. 
 
 [Mem. For damage to property generally, see Qffence 9, p. 370, post, 
 tit. "Malicious Injuries."] 
 
 III. Accessories and Receivers. 
 
 31. Any person aiding, abetting, counselling or procuring the commis- 
 sion of any offence under this title. 
 
 32. Any person receiving any property (the stealing or taking of which 
 is mentioned under this title), knowing the same to have been 
 unlawfully come by. 
 
 LIGHT-HOUSES, see title "Merchant Shipping," post, Oflfences, Nos. 
 139—141. 
 
 LIGHTING AND WATCHING ACT. 
 
 1. Damaging Lamps, ^-c] Any person wilfully breaking, throwing down, 
 spoiling or damaging any watchhouse, watchbox or lamp, lamp 
 iron, lamp post, pale, rail, chain or other furniture thereof, 
 
 2. Wilfully extinguishing the light of any such lamp. 
 
 [Mem. As to assaulting or resisting constables appointed under this 
 act, see ante, p. 272.] 
 
 7 & 8 Geo. 4, 
 c. 29, s. 43 
 (Note 145). 
 
 Id. s. 62. 
 
 Id. ». 60. 
 
 3 & 4 Will. 4, 
 c. 90, 5. 55. 
 
 156 ^ppeal.] By 3 &4 Will. 4, c. 90, s. 66,-" if any person or persons shall find 
 himselt, herself or themselves aggrieved by any order, direction or appointment of the said 
 «^=?l hlT'TT/"^ "'u"- " "^on^i^'i"" of °ne or more justice or justices of the peace,-it 
 fhp r,p! '*7"V<"',™^1> person or persons to appeal to any general or quarterly sessions of 
 liW?vn?,,i • l*^ i"^^"'' f?f *e county, city, riding, borough, town, shire, division, 
 thrclZ ir '" ™^"^'^ *^ P^'sl" ^l'«" b« "tuate, within four calendar months next after 
 miration of nr,?"?^'.,"' *''" ^^"t ^"^™ -»>• if ^«ch sessions shall be held before the ex- 
 piration of one calendar month, then such appeal shall be made to the secondly succeeding 
 
 Digitized by Microsoft® 
 
CHAP. II.] LARCENY-LIGHTING AND WATCHING ACT. 359 
 
 Time of laying 
 
 Information, 
 
 Ike. 
 
 29 I On oath 
 
 80 S(s.65),and 
 
 within 3 cal 
 
 m. (s. Si, 
 
 Notes 148 
 
 149). 
 
 Namber 
 and what 
 Justices to- 
 convict. 
 
 31 
 
 32 
 
 Id. 
 
 Id. 
 
 1 \ Within 
 2/ 6 cal. m. 
 (11 & 12 Vict. 
 C.43, s. 11), 
 maybe 
 apprehended 
 without 
 warrant 
 (s. 55). 
 
 One 
 
 Penalty, &C-. 
 
 and 
 
 Mode of enforcing. 
 
 Is* Offence. Either impr. with or Yes 
 without h. 1. for not more than (s. 72, 
 1 cal. m. J —or else forfeit, over Note 
 and above value or injury, not 150)- 
 exc. 20s. J — in default of payment 
 with costs, impr. with or without 
 li. 1. for not more than 1 cal. m., 
 unless sooner paid (s. 43). 
 
 Subsequent Offence{Note'].53)- Impr. 
 with h. 1. for not more than 6 cal 
 m. ; — and if a male, and con- 
 victed before two justices, they 
 may further order whipping once 
 or twice pub. or priv. after 4 days 
 from conviction (s. 43). 
 
 One 
 
 One 
 
 ir Ap- 
 peal, and 
 Time, 
 
 One 
 
 (s. 55). 
 
 Liable to the same forfeiture and 
 punishment as a principal of- 
 fender (s. 62). 
 
 Liable to the same forfeiture and 
 punishment as a principal of- 
 fender (s. 60). 
 
 Not exc. 40s. for every lamp, lamp 
 iron or lamp post so broken, &c., 
 and also to make satisfaction for 
 the damage done thereby ; — and 
 not exc. £5 for any other such 
 offence [i. e. to watchhouses and 
 Offence 2], and also make satis- 
 faction for the damage done there- 
 by (s. 55).— In default, impr. for 
 not exc. 3 cal. m. unless sooner 
 paid ; — or instead, amount may be 
 levied by distress (ss. 55, 41) ; — 
 in default of distress impr. under 
 11 & 12 Vict. c. 43, s. 22, ante, 
 p. 179, for not exc. 3 cal.m. unless 
 sooner paid. 
 
 Same 
 
 as 
 prin- 
 cipal. 
 
 Id. 
 
 Yes 
 (s. 66, 
 Note 
 
 156). 
 
 Penalty, &c. 
 to wliora 
 payable. 
 
 (See Note 
 
 162.) 
 
 Same as 
 principal. 
 
 Id. 
 
 Page, &C. 
 
 of 
 Forniulist. 
 
 No. 23, 
 p. 152. 
 
 One moiety 
 to person 
 apprehend- 
 ing offen- 
 der, and the 
 other to be 
 applied for 
 purposes of 
 the act 
 (s. 55): 
 
 No. 24, 
 p. 162. 
 
 No. 25, 
 p. 152. 
 
 Nos.l, 2, 
 
 pp. 
 153, 154. 
 
 sessions,-eitber of which court of sessions is h«'--by^'"fXti^ .s t^them fhall seem 
 termine thematter of the said appeal, and to make such order ^f/^'" ^? '° ^^^ Xdl^t 
 meet, which order shall be final and conclusive to and "P°" ?" Pf "^^ •7P'„™^ 
 the person or persons so appealing shall give or cause to be g^,^"^'.^"^;* *°J'^'V^^^^ 
 notice in writine of his, her or their intention of appealing as aforesaid, and ot 'he m^"" 
 "r c use treieo! Z the' said inspectors, or other t^erespondent or re dents ha* [^^^^^^ 
 should be " and"] within five days after such notice shall 'f'^flir^f'Z'lhJnlZ 
 some justice, with sufficient sureties, conditioned to try such appeal at the then next 
 
 Digitized by Microsoft® 
 
360 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 LIGHTING AND WATCHING— coKiinMed. 
 
 3. Any person carelessly or accidentally breaking any of the said lamps, 
 
 lamp irons, or lamp posts, or any other damage (as in Offences 
 
 " 1, 2), and not making satisfaction to inspectors. 
 
 4. Watchmen, &o. neglecting or refusing to deliver up clothing, arms, 
 
 ammunition and weapons provided for their use, on resignation, 
 or removal [or in case of their death, the party in possession]. 
 
 5. Other Offences.] Neglecting to stop escape of gas. 
 
 6. Conveying gas washings into any river, &c. [or water company, see 
 
 ss. 52, 5.3.] 
 
 7. Not laying gas pipes in a manner directed. 
 
 LODGING-HOUSES (COMMON) Note 151. 
 
 1. Keeper of a common lodging-house, or any other person having or 
 
 acting in the care or management thereof, offending against any 
 of the provisions of this act, — [i. e. receiving lodgers before house 
 registered, sees. S^and 16 & 17 Vict. c. 41, s. 3; — not giving notice 
 of fever, &c. to poor law medical officer, &c., see s. 11 of 14 & 15 
 Vict. c. 28 ; — not allowing inspection of houses to any officer of 
 the local authority, see s. 12 ; — not cleansing house as required by 
 bye-law, and not lime washing the walls in April and October, see 
 s. 13 ; — not providing required additional supply of water, 16 & 17 
 Vict. c. 41, s. 6; — not making reports of beggars and vagrants 
 slept in house. Id. s. 8], 
 or 
 
 2. Any person in any house being confined to his bed for 48 hours by 
 
 fever or any infectious or contagious disease, without the keeper 
 of such house giving notice thereof to medical officer, &c. as 
 required by s. 11 of 14 & 15 Vict. c. 28. 
 
 3 & 4 Will. 4, 
 u. 90, ». 56. 
 
 Id. ». 40. 
 
 Id. s. 48. 
 
 Id. s. 50. 
 Id. a. 51. 
 
 14 & 15 Vict. 
 
 c. 28, s. 14, and 
 
 16 & 17 Vict 
 
 u. 41. 
 
 general sessions or quarter sessions of the peace, which shall first happen, and to abide the 
 order of and pay such costs as shall be awarded by the justices at such quarter sessions or 
 any adjournment thereof; -and such justices, upon hearing and finally determining such 
 matter of appeal, shall and may, according to their discretion, award such costs to the 
 party appealing or appealed against as they shall think proper ; —and their determination 
 in or concerning the premises shall be conclusive and binding on all parties to all intents 
 and purposes whatsoever." 
 
 157 ^.V whom /4cts are to he executed — Interpretation qf Term ** Common Lodging'Hovse.^'l 
 The act is to be executed by the " local authority" (s. 5), which expression means, within 
 the metropolitan police district, " the commissioners of police of the metropolis ["--within 
 the district of a local board of health, " the local board of health ;"— within an incor- 
 porated borough, "the mayor, aldermen and burgesses acting by the council ;" — within 
 the limits of an improvement act, " the commissioners, trustees or other body for executing 
 such act;" — and within other places, " the justices of the peace acting In petty sessions for 
 the place" (s. 3) ; and in a case 'where there are not petty sessions for the last described 
 
 Digitized by Microsoft® 
 
CHAP. 11.] LIGHTING, &c. ACT-LODGING HOUSES. 
 
 361 
 
 Time of lading 
 
 Informatloii, 
 
 Sic. 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Penally, 4c. 
 
 and 
 
 Mode of enforcing. 
 
 if Ap- 
 peal, and 
 Time, 
 
 Penalty.Ac. 
 to whom 
 payable. 
 
 Pa,e,^4c. 
 Formullet. 
 
 3 On oath 
 
 One 
 
 Justice to award reasonable sum for 
 
 Y?S 
 
 Inspectors 
 
 No. 4— 6, 
 
 (s. 66), 
 
 (s. 56). 
 
 damage to inspectors (s. 56) ;— 
 
 (s. 66, 
 
 (s. 56). 
 
 p. 154. 
 
 within 6 
 
 
 recovered by distress, as Offences 
 
 Note 
 
 
 cal. months 
 (11 8f 12 Vict. 
 
 
 1, 2, supra. 
 
 156). 
 
 
 
 c. 43, s. 11). 
 
 
 
 
 
 
 4 Within 6 
 
 Two 
 
 Not exc. 1620 (s. 40) ;— recovered 
 
 Id. 
 
 Use of 
 
 No. 7, 
 
 cal. months 
 (11 & 12 Vict. 
 
 (s. 63). 
 
 by distress ; — in default, impr. for 
 not exc. 6 cal. m., or until sooner 
 
 
 inspectors 
 (s. 40). 
 
 p. 154. 
 
 c. 43, s. 11). 
 
 
 paid (s. 63). 
 
 
 
 5 Id. 
 
 Two. 
 
 Not exc. £5 per day (s.48) ; — ^reco- 
 vered of OITence 4, supra. 
 
 Id. 
 
 Use of 
 
 inspectors 
 
 (s. 63). 
 
 •• 
 
 6 Id. 
 
 Two 
 
 (s. 63). 
 
 £20 per day (s. 50) ;— recovered as 
 Offence 4, supra. 
 
 Id. 
 
 See s. 50. 
 
 ■ • 
 
 7 Id. 
 
 Id. 
 
 £5 (s. 51) [—recovered as Offence 4, 
 supra. 
 
 Id. 
 
 Inspectors 
 (s. 63). 
 
 •• 
 
 1 J Within 
 
 Two 
 
 Not exc. £5, and to a further pe- 
 
 Yes 
 
 Not more 
 
 Nos. 1, 2, 
 
 2 i 6 cal. m. 
 
 (8&9 
 
 nalty not exc. 405. for every daj 
 
 (8&9 
 
 than half to 
 
 pp. 
 
 (8 & 9 Vict. 
 
 Vict. 
 
 the offence continues (s. 14) ; - 
 
 Vict. 
 
 informer. 
 
 154, 155. 
 
 c. 20, ss. 3, 
 
 c. 20, 
 
 levied by distress; — if insuffi- 
 
 c. 20, 
 
 and re- 
 
 
 151, Note 
 
 s. 145, 
 
 cient, irapr. for not exc. 3 cal. m. 
 
 s. 157, 
 
 mainder to 
 
 
 169. post, 
 
 Note 
 
 unless sooner paid (8 & 9 Vict. c. 
 
 Note 
 
 overseers in 
 
 
 p. 362). 
 
 159. 
 
 20, ss. 146, 147,and 16 & 17 Vict. 
 
 159, 
 
 aid of poor 
 
 
 
 post, 
 
 c. 41, s. 11). 
 
 post. 
 
 rate (8 & 9 
 
 
 
 p. 362). 
 
 Third Offenne. Justices to adjudge 
 that oH'ender shall not keep,* &c. 
 a common lodging-house within 5 
 years or shorter period thereafter 
 (16 & 17 Vict. c. 41, ». 12). 
 
 p.362). 
 
 Vict. c. 20, 
 s. 1 50, Note 
 
 158. post, 
 
 p. 362). 
 
 
 places, the act is to be executed within and for all or any part of such place by the jus- 
 tices of the peace acting in petty sessions in the petty sessional division within which such 
 place is comprised (16 & 17 Vict. c. 41, s. 13). The expression "common lodging- 
 house" includes, in any case in which only a part of a house is used as a common 
 lodging-house, the part so used of such house (14 & 15 Vict. c. 28, s. 2) ; but the ex- 
 pression *' common lodging-house" is not defined, and seems to be that contained in the 
 City of London Sewers Act, 11 & 12 Vict c. 163 (Joeal), s. 91, viz. :-"any public 
 lodging-house, not being a licensed victualling house, in which persons are harboured or 
 lodged for hire, for a single night, or for less than a week at one time, or in which any room 
 is let for hire, to be occupied by more than one family at one time." [The law officers of 
 the crown have given an opinion on the 14 & 15 Vict. u. 28, similar to this latter enact- 
 ment: see 17 J. P. 41.] The definition in the Towns Improvement Act, 1847, 10 & 11 
 Vict. c. 34, s. 116, is a house "in which persons are harboured or lodged for hire for a 
 single night or for less than a week at one time, or any part of which is let for any term 
 less than a week." 
 
 Digitized by Microsoft® 
 
362 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 LODGING-HOUSES (COMMON)— con«»Me<?. 
 3. Offending against any of the bye- laws or regulations made in pursu- 
 ance of this act {Note 158)- 
 
 • 14 & 15 Vict 
 c. 28, s. 14. 
 
 LOTTERIES {Note 160). 
 1. Any person or persons whatsoever publicly or privately keeping any 
 office or place to exercise, keep open, show or expose to be played, 
 drawn or thrown at or in, either by dice, lots, cards, balls, or by 
 numbers or figures, or by any other way, contrivance or device 
 whatsoever, any game or lottery called a Little Go,— or any other 
 lottery whatsoever not authorized by parliament, 
 
 2. Knowingly suffering same to be exercised in his or her house, room 
 
 or place. 
 
 3. Persons discovered in a house, on warranto? justices, and knowingly 
 
 aiding, assisting or anyways concerned with offenders in the car- 
 rying on any transactions respecting little goes or lotteries. 
 
 4. persons, although not discovered in a house, employing or causing to 
 
 be employed any person or persons in carrying on any of the 
 transactions aforesaid, or in aiding or assisting such person or 
 persons. 
 
 42 Geo. .3, c. 119, 
 s. 2. 
 
 Id. s. 4. 
 
 Id. 
 
 158 Making Regulations, and how Penalties proceeded for. 1 The local authority, de- 
 scribed in Note 157» ™^y make regulations respecting common lodging-houses within its 
 jurisdiction for all or any of the purposes for which the local board of health are by the 
 Public Health Act, 1848, authorized to make bye-laws, and which are to be confirmed by 
 the secretary of state (s. 9) ; and the local authorities may impose penalties on offenders 
 against such regulations, a copy of which shall be receivable in evidence (s. 10). The 
 penalties are to be proceeded for and recovered in the same way as is provided in the 
 Public Health Act with respect to penalties imposed on offenders by the local board against 
 their bye-laws (s. 10). See tit. " Health (Public) Act, 1848," and Note 128> o"**! P- 318, 
 as to who to prosecute, and also Note 130, ante, p. 324, as to the making of bye-laws. 
 
 159 Incorporation Clause.'] The clauses and provisions of the " Railways Clauses 
 Consolidation Act, 1845," with respect to the recovery of penalties not specially provided 
 for, are incorporated with this act (s. 15). The sections therefore here referred to will be 
 found in tit. "Railways," post. The appeal clause is in Note 55. ""te, p. 257. 
 
 160 Justices' Jurisdiction doubted.] It has been contended by some persons {vide 
 Stone's Manual, 4th edit., p. 166) that justices have no jurisdiction to convict summarily 
 for offences under the 42 Geo. 3, c. 119, s. 2, since the passing of the 46 Geo. 3, c. 148, 
 s. 59, and the decision of Reg. v. Tuddenham (10 L. .1. Rep.' (N. S.) M. C. 163 ; 9 Dowl. 
 
 Digitized by Microsoft® 
 
CHAP. II J LODGING HOUSES (COMMON)— LOTTERIES. 363 
 
 Time of laying 
 
 Information, 
 
 4c. 
 
 3 Within 
 
 6 cal. m. 
 
 (11 & 12 Vict. 
 
 c. 63, 
 
 ss. 2, 135, 
 
 Note 158). 
 
 1 I Within 
 4 i 6 cal. m. 
 (11 & 12 Vict, 
 c. 43, s. 11). 
 Justice may 
 authorize per- 
 sons to break 
 open doors of 
 places where 
 such offences 
 committed, and 
 
 apprehend 
 offenders, &e. 
 (42 Geo. 3, 
 c. 119, s. 4). 
 Any person 
 may prosecute 
 
 as under 5 
 Geo. 4, c. 83. 
 
 Number 
 and what 
 Justlceti to 
 
 convict. 
 
 Two 
 
 (11&12 
 Vict. 
 li. 63, 
 
 s. 129, 
 Note 
 
 158). 
 
 Same as above, and recovered in 
 same nanner, under 11 & 12 Vict 
 c. 63, s. 129 {Note 158). 
 
 One 
 
 (5 Geo. 
 
 4, c. 83, 
 
 S.4, 
 
 Note 
 
 160). 
 
 Penalty, Sic 
 
 and 
 
 Mode of enforcing. 
 
 Every person so offending to be 
 deemed a rogue and vagabond, 
 and punishable as such (ss. 2, 3, 
 4), viz. — imprisonment for not 
 exceeding 3 calendar months and 
 hard labour (5 Geo. 4, c. 83, s. 4). 
 The costs of conviction may like- 
 wise be ordered under s. 18 of 
 the 11 & 12 Vict c. 43, and in 
 default of distress for them, an 
 additional imprisonment of not 
 exceeding 1 calendar month, un- 
 less sooner paid (Id. o. 24, see 
 ante, pp. 170). 
 
 If Ap- 
 peal, and 
 Tmie, 
 &c. 
 
 Yes 
 if pe- 
 nalty 
 
 exc. 
 
 20s. 
 (11 & 
 
 12 
 Vict. 
 c. 63, 
 s. 135, 
 Note 
 
 129). 
 
 Yes 
 (see 
 Note 
 
 278, 
 
 title 
 "Fa- 
 grants' 
 post). 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 To informer 
 and local 
 authority 
 (11 & 12 
 
 Vict. c. 63, 
 s. 133). 
 
 Page, Sec, 
 
 of 
 Formuliirt. 
 
 No. 3, 
 p. 155. 
 
 P. 156. 
 
 P. C. 937) is cited ; but it will be seen that the latter statute only prohibits proceedings 
 for pecuniary penalties being taken otherwise than by action in the name of the attorney- 
 general in the Court of Exchequer, and does not apply to the punishment as a rogue and 
 vagabond, which the 42 Geo. 3, c. 119, s. 2, authorizes under the then Vagrant Act, 17 
 Geo. 2, c. 5, which, even though repealed by the 3 Geo. 4, c. 40, for other purposes, is still 
 in force (except as altered by the present Vagrant Act, 5 Geo. 4, c. 83) with respect to 
 proceedings under the 42 Geo. 3, c. 119 {vide 15 J. P. 712, 713). The case cited is 
 likewise inapplicable, for it was a conviction in 1841 under s. 5 of the 42 Geo. 3, t. 119, 
 adjudging a pecuniary penalty, which section does not, like s. 2, impose a punishment and 
 a pecuniary penalty as well, but only a penalty. In addition to the fact that the provisions 
 of the old Vagrant Act, 17 Geo. 2, o. 5, are still in force, and that s. 3 of 42 Geo. 3, c. 119, 
 refers to the punishment of a rogue and vagabond under it, the present Vagrant Act, 
 5 Geo. 4, c. 83, although repealing by s. 1 all provisions theretofore made relative to 
 rogues and vagabonds, &c. provides in s. 21, "that wherever by any act or acts of 
 parliament now in force it is directed that any person shall be punished as an idle and 
 disorderly person, or aa a rogue and vagabond, or' as an incorrigible rogue, for any offence 
 specified in such act or acts, and not hereinbefore provided for by this act, in every such 
 case, whether such person shall or shall not have committed any offence against this 
 
 Digitized by Microsoft® 
 
364 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 LUNATICS. 
 
 I. As TO County or Borough Asylums, p. 364. 
 II. As TO Private Asylums, p. 366. 
 
 I. As TO County or Borough Asylums. 
 
 1. Offences hy Officers of Asylums.'] Clerk of asylum not transmitting to 
 commissioners in lunacy information of dismissal of attendants. 
 
 2. Clerk neglecting to transmit to commissioners annual report of com- 
 
 mittee of visitors. 
 
 3. Clerk omitting to make entry of receipt of lunatic, — or medical 
 
 ofBcer of asylum not making and signing statement of the state 
 and condition of such lunatic. 
 
 4. Medical officer omitting to make entries in the medical journal and 
 
 case book. 
 
 5. Clerk omitting to transmit to commissioners copy of entries made by 
 
 commissioners visiting asylum. 
 
 6. Clerk or medical officer neglecting or omitting to draw up, sign, or 
 
 transmit notice and statement of death of a lunatic to registrar of 
 births, and to relieving officer or overseers of parish, or other 
 person (if lunatic not a pauper). 
 
 7. Clerk neglecting or omitting to make entries of deaths, discharges, 
 
 or removals of patients, — or to transmit notice thereof to commis- 
 sioners. 
 
 8. Any superintendent, officer, nurse, or attendant, servant or other 
 
 person employed in any asylum striking, wounding, illtreating, or 
 wilfully neglecting any lunatic confined therein. 
 
 9. Any superintendent, officer, or servant in any asylum, through wilful 
 
 neglect or connivance, permitting any patient to quit or escape, or 
 be at large without order, — or secreting, or abetting or conniving 
 at the escape. 
 
 16 & 17 Vict 
 c. 97, s. 56. 
 
 Id. » 
 
 62 
 
 Id.s. 
 
 89. 
 
 Id. s. 
 
 90. 
 
 Id. s 
 
 91. 
 
 Id. s 
 
 92. 
 
 Id. ». 93. 
 
 Id. 5. 123. 
 
 Id. s. 124. 
 
 act, every such person shall be punished under the provisions, powers and directions of 
 this act." The attorney-general in 1850 was of opinion that justices had jurisdiction to 
 punish offenders under the Vagrant Act, and a conviction took place at Leeds in that year 
 of one Masser, under s. 2 of the 42 Geo. 3, c. 1 19, in a prosecution instituted by the Crown, 
 and Ke has committed to the house of correction for seven days (see 14 Law T. 383). The 
 point was raised, but not decided, in R. v. Justices of Bristol, 22 Law T. 213. 
 
 W\ Procedure— Incoporation of Jervis's Act, 11 S[ 12 Vict. c. 43.] By s. 127, all 
 penalties and forfeitures imposed by the act are to be recovered summarily before two 
 justices in manner provided by the act of the 11 & 12Victc.43. The time for proceeding 
 and the mod? of recovering the penalties here stated are as provided in that act. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 LUNATICS. 
 
 365 
 
 Time of laying 
 Inrormatioa, 
 
 1 Within 
 
 6 cal. m. 
 
 (11 & 12 Vict, 
 
 c. 43, s. 11, 
 
 Note 161). 
 
 Id. 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Two 
 (s. 127). 
 
 Id. 
 
 3 Id. 
 
 4 Id. 
 
 5 Id. 
 
 6 Id. 
 
 7 Id. 
 
 8 Id. 
 
 9 Id. 
 
 Penalty. &c. 
 
 and 
 
 Mode of enforcing. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Not exo. £10 (s. 56); -recovered 
 by distress (11 & 12 Vict. c. 43 
 s. 19, ante, p. 175); — in default 
 Impr. for not exc. 3 cal. m., un 
 less sooner paid (Id. s. 22, ante, 
 p. 179, Note 161). 
 
 Not exc. £10 (s. 62); 
 as Offence 1. 
 
 -recovered 
 
 If Ap- 
 peal, and 
 Time, 
 Ike. 
 
 Not exc. £20 (s. 89) ;— recovered 
 as Offence 1. 
 
 The like. 
 
 Not exc. £10 (s. 91) ;— recovered 
 as Offence 1. 
 
 Not exc. £20 (s. 92) ; — ^recovered 
 as Offence 1. 
 
 Not exc. £10 (s. 93) ;— recovered 
 as Offence 1. 
 
 Indictable, or penalty not more than 
 £20, nor less than £2 (s. 123) ;— 
 recovered as Offence 1. 
 
 Not more than £20, nor less than 
 £2 (s. 124) ; — recovered as Of- 
 fence 1. 
 
 Yes 
 s. 128, 
 Note 
 
 162). 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 PenaltVt &c. 
 to whom 
 pa) able. 
 
 Page, &c. 
 
 of 
 Foruiullfit. 
 
 Commrs. ii 
 lunacy if 
 
 prose- 
 cutors, or 
 if not, treas. 
 of county 
 (s. 127). 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 162 AfypealA By 16 & 17 Vict c. 97, s. 128,—" any person who thinks himself 
 aggrieved by aiiy order or determination of any justices under this act other than orders 
 adjudicating as to the settlement of any lunatic pauper, and providing fx)r his maintenance, 
 may, within four calendar months after such order or determination made or g^je", jpeal 
 to the general or quarter sessions, the person appealing having first given at least fourteen 
 clear dlys- notice in writing of such appeal and the nature and matter thereof to the person 
 appealed against, and forthwith after such notice entering into a recognizance before some 
 iilstice of the peace, with two sufficient sureties, conditioned to try such appeal, and to 
 abide the order and award of the said court thereupon." 
 
 Digitized by Microsoft® 
 
366 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 LUNATICS— conimzierf. 
 
 I. As TO County or Borough A.sYi,viiis— continued. 
 
 10. Medical Officers of Union or Parish.~\ Medical officer of union or 
 parish failing to send quarterly list of pauper lunatics to clerk to 
 guardians of union, or if no union, to overseers of the poor ; — 
 clerk or overseers not transiiiitting same to commissioners in 
 lunacy. 
 
 11. Medical officer omitting to give notice of a person being a lunatic to 
 
 the relieving officer or overseer ; — or relieving officer or overseer 
 omitting to give notice thereof to a justice ; — or a constable, re- 
 lieving officer, or overseer, omitting to apprehend wandering 
 lunatics and take him before a justice, or to give information of 
 lunatics not properly treated, to a justice. 
 
 12. OverseersSl Overseer of the poor or clerk to guardians neglecting to 
 
 make out and sign annual list of pauper lunatics, or to transmit 
 copies to commissioners. 
 
 13. Overseer, relieving officer or constable required to convey a person 
 to an asylum, &c., refusing or wilfully neglecting to execute the 
 order with all reasonable expedition. 
 
 \i. Overseer or relieving officer refusing or wilfully neglecting to remove 
 lunatic from asylum upon notice of discharge by visitors. 
 
 15. Relieving Officers.'] Vide Offences Nos. 11, 1-3 and 14. 
 
 16. Clerl: to Guardians.] Vide Offences Nos. 10, 12. 
 
 17. Constables.] Vide Offences Nos. 11, 13. 
 
 18. Physicians, SfC. in general.] Any physician, surgeon or apothecary 
 signing any certificate contrary to the provisions of the act 
 
 II. As TO Private Asylums. 
 
 19. Offences by Officers of Asylums.] Vide 8 & 9 Vict. c. 100, ss. 23, 29, 
 
 43, 50, 51, 53, 55, 59, 60, 67 and 85, and 16 & 17 Vict. c. 96, ss. 9 
 and 26. 
 
 20. Offences by Physicians, Sfc] Vide 16 & 17 Vict. c. 96, s. 13. 
 
 21. Offences by other Persons.] Vide 16 & 17 Vict. c. 98, s. 34, .and 8 & 9 
 
 Vict. c. 100, ss. 19, 28, 100. 
 
 16 & 17 Vict, 
 c. 97, s. 66. 
 
 Id. s. 70. 
 
 Id. s. 64. 
 
 Id.s.71. 
 
 Id. 5. 80. 
 
 Id. s. 122. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 LUNATICS. 
 
 367 
 
 Time of laying 
 
 iDformatlon, 
 
 &c. 
 
 10 
 
 Within 6 
 cal. m. 
 (11 & 12 Vict, 
 c. 43, s. 11, 
 Noteiei). 
 
 Number 
 and what 
 Justice^ to 
 convict. 
 
 11 
 
 Id. 
 
 Two 
 
 (s.127). 
 
 Id. 
 
 Penalty. &c. 
 
 aoa 
 
 Mode of enforcing. 
 
 12 Id. 
 
 13 Id. 
 
 14. Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Not exceeding £20, nor under £2 
 (s. 66);— recovered as OfTence 1 
 
 Not exceeding £10 (s. 70) ; — ^reco- 
 vered as Offence 1. 
 
 Not exceeding £20 (s. 64) ;— reco- 
 vered as Offence 1. 
 
 Not exceeding £10 (s. 71) ;— reco- 
 vered as Offence 1. 
 
 Tlie like. 
 
 Yes 
 
 (S.128; 
 
 Note 
 
 162). 
 
 18 Id. 
 
 Id. 
 
 Two 
 (8& 9 
 
 Vict, 
 c. 100, 
 s. 102). 
 
 II Ap- 
 peal, and 
 Time, 
 
 Ike. 
 
 Not exceeding £20 (s. 122) j— re- 
 covered as Offence 1. 
 
 [N.B. The S ^9 Fid. u. 100, and 
 16 Sf 17 Fict. c. 96, are, by s. 37 
 of the latter, to be " construed toge- 
 ther as one act ;" and by s. 106 of 
 the former act no penalty can be 
 sued for except by order of the com- 
 missioners of lunacy, or the visitors 
 of the asylum, or the attorney or 
 solicitor general.'] 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Commis- 
 sioners in 
 lunacy, if 
 pros., or, if 
 not, treas. 
 of county 
 (s. 127). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Yes 
 
 (s. 
 
 104). 
 
 Paire, kc. 
 
 of 
 Formulist. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Digitized by Microsoft® 
 
S68 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MALICIOUS INJURIES (i\ro«c 163). 
 
 I. To Trees, Plants, Fences, &o. p. 368. 
 II. To ANY other Property, p. 370. 
 III. Accessories, p. 370. 
 
 I. To Trees, Plants, Fences, &c. 
 
 1. Trees, Shrubs, Sfc. to amount of Is.'] Unlawfully and maliciously cutting, 
 
 breaking, barking, rooting up, 
 or 
 
 2. Otherwise destroying or damaging, 
 
 the whole or any part of any tree, sapling or shrub, or any 
 underwood whersoever growing, the injury being to the amount 
 of Is. [and not exceeding £1, s. 19]. 
 
 [Mem. Cutting, S^c. trees, S;e. in a park, pleasure ground, orchard 
 or avenue, or in any ground adjoining or belonging to a dwelling- 
 house, if exc. £\, — or elsewhere, if exc. £5, is felony (s. 19). If 
 the damage amount to less than a shilling, the offender may be pro- 
 ceeded against under the 24!th sect. (Offence 9) ; Reg. v. Dodson 
 et al., 9 Ad. S; El. 704 ; 5 J. P. 404 ; but in Charter v. Greame 
 (\SL.J.(N.S.)M.C.75;nJur.2Q%; \3 J. P. 232), the court 
 intimated an opinion that he could not be, for that section was not 
 intended to apply to trees at all. Vide, however, 16 /. P. 634.] 
 
 [Vide Offence 26, ante, p. 356, for having possession of trees, &c. 
 found upon a search warrant.] 
 
 3. Plants, Fruits, S[c. in Gardens, Sfc."] Unlawfully and maliciously de- 
 
 stroying, 
 
 or 
 
 4. Damaging with intent to destroy, 
 
 any plant, root, fruit or vegetable production growing in any 
 garden, orchard, nursery ground, hothouse, greenhouse or con- 
 servatory. 
 
 5. Roots or Plants elsewhere.'] Unlawfully and maliciously destroying, 
 
 or 
 
 6. Damaging with intent to destroy, 
 
 any cultivated root or plant used for the food of man or beast, 
 or for medicine, or for distilling or for dyeing, or for or in the 
 course of any manufacture, and growing in any land, open or 
 inclosed, not being a garden, orchard or nursery ground. 
 
 7 & 8 Geo. 4, 
 c. 30, s. 20 
 (Note 145). 
 
 Id. ». 21. 
 
 Id. s. 22. 
 
 163 Malice — Claim of Right to Property injured.] By s. 25 of the 7 & 8 Geo. 4, c. 30, 
 malice against the owner of the property in respect of which any offence is committed 
 need not be proved. Sect. 24 (Offence No. 9) contains a proviso, that it shall not " extend 
 to any case where the party trespassing acted under a fair and reasonable supposition that 
 he had a right to do the act complained of, — nor to any trespass, not being wilful and 
 malicious, committed in hunting, fishing, or in the pursuit of game, but that every such 
 trespass shall be punished in the same manner as before the passing of this act." This 
 proviso has been holden to extend to the statute generally (Reg. v. Thomas, M.S., Q. B., 
 H. T., 1841 J Paley, 4th edit. p. 119, and see ante, pp. 24, 2S). 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MALICIOUS INJURIES. 
 
 369 
 
 Time of laying 
 Information, 
 
 Number 
 and what 
 Jusiices to 
 
 convict. 
 
 1} 
 
 On oath 
 
 (s. 30) and 
 
 within 3 
 
 cal. m. 
 
 (s. 29, 
 
 Note 163a) 
 
 One. 
 
 Id. 
 
 One. 
 
 6 J 
 
 Id. 
 
 One. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 1st Offence. Forfeit, over and above 
 injury, not exc. £5 (s. 20); -in 
 default of payment, impr. with or 
 without h. 1. for not more than 2 
 cal. m. where amount of injury 
 and penalty with costs not exc. 
 365 ; — and for not more than i cal. 
 m. where same with costs not exc. 
 £10 ; — and for notmore than 6 cal. 
 m. in any other case, unless sooner 
 paid (s. 33). 
 
 2nd Offence {Note 165). Impr. with 
 h. J. for not more than 12 cal. m., 
 and if a male, and convicted be- 
 fore two justices, they may fur- 
 ther order whipping once or twice 
 pub. or priv. after four days from 
 conviction (s. 20). 
 
 3rd Offence. Felony (s. 20). 
 
 1st Offence. Either impr. with or 
 without h. 1. for not exceeding 6 
 cal. m. ; — 
 
 Or else forfeit, over and above in- 
 jury, not exc. £20 (s. 21);— im- 
 prisonment in default of payment 
 as Offences 1, 2, supra. 
 
 Subsequent Offence. Felony (s. 21) 
 
 1st Offence. Either impr. with or 
 without h. 1. for not more than 1 
 cal. m. ; — or else forfeit, over and 
 above injury, not exc. 20*. ; and 
 in default of payment, the like 
 impr. for not exc. 1 c^. m. unless 
 sooner paid (s. 22). 
 
 Subsequent Offence(NoteXQ5). Impr. 
 with h. 1. for not exc. 6 cal. m. and, 
 if a male, and convicted before 
 two justices, they may further 
 order whipping once or twice 
 pub. or priv. after 4 days from 
 conviction (s. 22). 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, Htc. 
 
 to wnnm 
 payable. Sec, 
 
 Yes 
 
 (s. 38, 
 Note 
 
 166)- 
 
 Id. 
 
 Amount of 
 injury to 
 party ag- 
 grieved, 
 unless ex- 
 amined in 
 proof of 
 offence, and 
 
 if so, or 
 where un- 
 known, as 
 penalties 
 which go to 
 overs, forco. 
 rate (s. 32, 
 Note 164). 
 
 Id. 
 
 Page, &c. 
 
 of 
 FormuliBt. 
 
 Id. 
 
 Id. 
 
 No. 1, 
 p. 156. 
 
 No. 2, 
 p. 156. 
 
 No. 3, 
 p. 157. 
 
 163 £1 Apprehension without Warrant — Information on Oath."] Offenders found committing 
 any of the offences under this title may be apprehended immediately without a warrant, 
 by any peace officer, or the owner of the property injured, or his servant, or any person , 
 authorized by him, and forthwith taken before some neighbouring ju<itioe of the peace to be 
 dealt with according to law (s. 28). See the case olReg. v. Milliard, in Note 149. ante, p. 352, 
 
 164 yide Note 152. <">*«. P- 353, which is equally applicable under this title. 
 
 165 This is the same as Note 153. «"'«. p. 354 (s. 40). 
 
 166 This is precisely similar to the appeal clause in Note 150. "nfe, p. 350. 
 
 O.S. B B 
 
 Digitized by Microsoft® 
 
370 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MALICIOUS INJURIES— coMKmedf. 
 
 I. To Trees, Plants, Fences, &o. — continued. 
 
 7. Fences, Stiles, Gates, Sfc.'] Unlawfully and maliciously cutting, break- 
 
 ing, throwing down, 
 or 
 
 8. In anywise destroying, 
 
 any fence of any description whatsoever, or any wall, stile or 
 gate, or any part thereof respectively. 
 
 II. To ANY OTHER Property. 
 
 9. Wilfully or maliciously committing any damage, injury or spoil to or 
 
 upon any real or personal property whatsoever, either of a public 
 
 or private nature, for which no remedy or punishment is by this 
 
 act provided {Notes 167 and 163 )• 
 
 [Mem. As to damage by tenants in the metropolis, see2Sf 3 Vict, c. 71, 
 s. 38 ; and as to damage by persons whilst drunk or whilst com- 
 mitting other offences, see 2^ S Vict. t. 47, s. 62, amd 2^3 Vict 
 V. 94 llocal, City)^s. 43.] 
 
 III. Accessories. 
 
 10. Any person aiding, abetting, counselling or procuring the commission 
 of any offence under this title. 
 
 MANUFACTURES, 8cc. 
 I. As TO Artificers, Manufacturers, Miners, &c., p. 370. 
 II. As io Workmen in the Cotton, Fustian, Hat,. Linen 
 Woollen, Flax, Hemp, Mohair, Silk, Fur, Leather, or 
 Iron Manufactures, and Dyers, p. 374. 
 III. As to Workmen in the Cotton, Flax, Linen, Mohair, Silk, 
 
 or Woollen Hosiery Manufactures, p. 378. 
 IV. As to certain Tkades in Particular, p. 382. 
 V. Regulations as to Mines, p. 382. 
 
 I. As to Artificers, Manufacturers, Miners, &c. 
 
 1. Truclc Act.'] Employer of any artificer in any of the trades enumerated 
 
 (in s. 19, see Note 169, post, p. 372) by himself, 
 
 or 
 
 2. By the agency of any other person or persons directly or indirectly 
 
 entering into any contract, 
 
 or 
 
 3. Making any payment, 
 
 declared by this act to be illegal. 
 [See as. 1 to 8, and exceptions to the generality, of the law, s. 23 ; 
 and see s. 25 for the definition qf terms.'] 
 
 7 & 8 Geo. 4, 
 c. 30, s. 23 
 {Note 145)- 
 
 Id. s. 24. 
 
 Id. s. 31. 
 
 1 & 2 Will. 4, 
 c. 37, s. 9. 
 
 167 Must be Damage.] A trespass, however wilful, unless some actual damage be done, 
 
 Digitized by Microsoft® 
 
CHAP. II.] MALICIOUS INJURIES— MANUFACTURES, &o. 371 
 
 Time of laying 
 iDfonnation, 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 7 ( On oath 
 
 8 t (s. 30), and 
 
 within 3 cal. 
 m. (s. 29, 
 
 Note. i6Za,y 
 
 Id. 
 
 10 Id. 
 
 One. 
 
 One. 
 
 One. 
 
 !} 
 
 Within 
 3 cal. m. 
 (s. 18). 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 1st Offence. Forfeit, over and ahove 
 injury, not exc. £5 (s. 23); — 
 impr. in default of payment, as 
 Offences 1, 2, supra. 
 
 Subsequent Offence {Note 165)- Impr. 
 with h. 1. for not more than 12 
 cal. m., and whipping, as Offences 
 1, 2, supra (s. 23). 
 
 Forfeit a reasonable compensation 
 for the damage, injury or spoil 
 committed, riot exc. £5 ; — in de- 
 fault of payment, impr. with or 
 without h. 1. for not exc. 2 cal. m 
 unless sooner paid (s. 24). 
 
 Liable to the same forfeiture and 
 punishment as a principal of- 
 fender (s. 31). 
 
 Two 
 (s. 10, 
 Note 
 
 170, 
 
 post, 
 p. 373). 
 
 If Ap. 
 
 peal, and 
 
 Time, 
 
 ius. 
 
 Yes 
 (s. 38, 
 Note 
 
 166). 
 
 Id. 
 
 Ist Offence. Not exc. £10, nor less 
 than £5 (s. 9); — on nonpayment 
 leviable by distress (and part- 
 ner's property liable to be taken 
 if offence committed with his 
 knowledge or consent (s. 13), — or 
 if no property, commitment for 
 3 cal. m. unless sooner paid (s.I2). 
 
 2nd Offence. If more than 10 days 
 after, and less than 2 years from 
 1st conv. (s. 10), not exc. £20 nor 
 less than jglO (s. 9),— leviable, 
 &c. as 1st Offence. 
 
 3rd Offence. Misdemeanor (s. 9) 
 
 Id. 
 
 No. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 [Vide 
 
 Offences 1, 
 
 2, as to 
 
 this.] 
 
 If private 
 property, 
 damage to 
 
 party 
 aggrieved 
 
 (s.24. 
 
 Note 168, 
 
 post, 
 
 p. 372). 
 
 Same as 
 principal. 
 
 Such por- 
 tion not 
 exceeding 
 £20 may be 
 awarded to 
 informer, 
 and residue 
 to treasurer 
 of county 
 (s. 18). 
 
 is not within this section {Butler v. Turley, Moo. & M. 54 j 2 C. & P. 585 ; 
 
 bb2 
 
 Digitized by Microsoft® 
 
 Dewey v. White, 
 
372 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MANUFACTURES, Sic— continued. 
 
 I. As TO Artificers, &c. — continued. 
 
 4. Colliers or Miners,'] Any person making any bargain, or entering into 
 any contract or agreement in writing, for raising or getting coal, 
 culm, ironstone or iron ore, wilfully, and to the prejudice of the 
 owner, raising, getting or working, 
 
 5. Causing to be raised, got or worked any such coal, &c. in a different 
 
 manner to his stipulations, and contrary to the directions and 
 against the will of the owner or his agent, 
 
 or 
 
 6. Desisting or refusing to fulfil the engagements entered into. 
 
 7. Any person walling or stacking, 
 
 or 
 
 8. Causing to be walled or stacked, 
 
 any coal, ironstone or iron ore, in any false or fraudulent man- 
 ner, with intent to deceive his employer, 
 
 9. Any person taking or removing, 
 
 any ironstone or iron ore, with intent to defraud the person who 
 raised the same. 
 See further, tit. " Master and Servant," post, as to misconduct -ofser^ 
 vants in husbandry, S^c. 
 
 9 & 40 Geo. 
 c. 77, s. 3 
 {Note 171). 
 
 Id. 
 
 M. & M. 56) ; but if there really be damage, the amount is immaterial ; and therefore, 
 where a person was convicted of doing damage to underwood to the amount of 6d., it was 
 held to be sufficient within this section, although the 20th section, expressly applicable to 
 underwood, requires the damage to be to the extent of \s. {vide Mem. to Offences, 1, 2). 
 On the other hand, nhere the damage (in s. 24) exceeds £5, the justices, it is conceived, 
 have no jurisdiction, although the comyilainant may be willing to reduce his claim to that 
 amount (Stone's Manual, 5th edit. 249). The 24th section appears to apply entirely and 
 exclusively to direct damage committed by the party complained against, and to have no 
 reference whatever to damage indirectly caused by any act, however unlawful in itself (14 
 J. P. 30) ; nor to the acts of parties occasioning losses to others, not amounting strictly to 
 " damage, injury or spoil," to the body of the property, nor rendering it of less value, for 
 the penalty is " a reasonable compensation for the damage, &c." committed (see 16 J. P. 
 715 ; and see the case of Reg. v. Whiteman, noticed in Note 155> ante, p. 355). 
 
 168 Application of Sum forfeited for Damage,'] Unless owner be examined in proof of the 
 offence, and in such case, or if public property, or wherein public right concerned, to be 
 applied as a penalty, which (by s. 32) goes to the overseers; but see 18 & 19 Vict. c. 126, 
 s. 22, noticed in Note 152, ante, p. 353). 
 
 169 To what Trades the Truck Act applies.] This act applies to artificers, workmen, 
 labourers, and other persons employed in the several manufactures, trades and occupations 
 following, viz. (s. 19),— in or about the making, casting, converting or manufacturing of 
 iron or steel, or any parts, branches or processes thereof ; — or the working or getting of 
 any mines of coal, ironstone, limestone, saltrock j — or the working or getting of stone, 
 elate or clay ; — or in the making or preparing of salt, bricks, tiles or quarries ;-^or the 
 making or manufacturing of any kinds of nails, chain, rivets, anvils, vices, spades, shovels,- 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MANUFACTURES, &c. 
 
 373 
 
 Time of laying 
 InformatloB, 
 
 Within 
 
 9 cal. ta. 
 
 (s. 9). 
 
 Number 
 and Hhat 
 Justices to 
 convict. 
 
 One. 
 
 Penalty, &c, 
 
 anci 
 
 Mode of enfordng:. 
 
 Id. 
 
 One. 
 
 Not exceeding^ 40s. ; — on nonpay- 
 ment, imprisonment, without bail 
 or mainprize, for not exceeding 
 6 calendar months, or until pe- 
 nalty and. charges paid; — and 
 upon conviction, every such bar- 
 gain, contract or agreement shall 
 become void (s. 3). 
 
 Imprisonment for any time not ex- 
 ceeding three calendar months 
 (s. 4). 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 No. 
 
 Penalty, Stc, 
 to whom 
 payable. 
 
 No. 
 
 Between 
 informer 
 and overs, 
 of parish 
 where of- 
 fence com- 
 mitted, for 
 use of poor, 
 in propor- 
 tion justice 
 thinks fit 
 (s. 6). 
 
 Page, &c 
 
 of 
 FormullBU 
 
 Nos. 
 
 3,4, 
 
 p. 169. 
 
 Nos. 
 
 5, 6, 
 
 p. 159. 
 
 screws, keys, locks, bolts, hinges or any other article or hardware made of iron or steel, or 
 of iron and steel combined, or of any plated articles of cutlery, or of any goods or wares 
 made of brass, tin, lead, pewter or other metal, or of any japanned goods or wares what- 
 soever J — or the making, spinning, throwing, twisting, doubling, winding, weaving, 
 combing, knitting, bleaching, dying, printing, or otherwise preparing of any kinds of 
 woollen, worsted yarn, stuff, jersy, linen, fustian, cloth, serge, cotton, leather, fur, hemp, 
 flax, mohair or silk manufactures whatsoever, or in or about any manufactures whatsoever 
 made of the said last-mentioned materials, whether the same be or be not mixed one with 
 another; — or the making or otherwise preparing, ornamenting or finishing of any glass, 
 porcelain, china or earthenware whatsoever, or any parts, branches or processes thereof, or 
 any materials used in any of such last-mentioned trades or employments ; — or in the 
 making or preparing of bone, thread, silk or cotton lace, or of lace made of any mixed 
 materials. Domestic servants and servants in husbandry are not within this act (s. 2), 
 nor are sub-contractors, but only those men who are really labourers, and do works by 
 their own manual and personal labour {Riley v. Warden, 12 J. P. 614; 18 Law J. Eep. 
 (N. S.) Exch. 120 ; Ingrum v. Barnes, 26 L. J. (N. S.; a B. 82 ; 21 J. P. 822 ; 3 Jur. 
 (N. S.) 156; 28 Law T. 246 ; Bowers v. Lovekin, 6 E. & B. 584; 2 Jur. (N. S.) 1187). 
 
 170 ffTiat Justices.^ Not engaged in any of the enumerated trades (Note 169, s. 21) ; 
 but county magistrates may act in boroughs in cases where the borough magistrates 
 shall be disqualified, and the complainant may in that case remove the information from 
 the said borough " to any other court of sessions or petty sessions, not exceeding 12 miles 
 from the place where the offence shall be committed" (s. 22). 
 
 171 ff^ho to lay Complaint.'] By this section the complaint must be made by the owner 
 or his agent, and not otherwise. 
 
 Digitized by Microsoft® 
 
374 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MANUFACTURES, he— continued. 
 
 II. As TO Workmen in the Cotton, Fustian, Hat, Linen, 
 
 Woollen, Flax, Hemp, Mohair, Silk, Fur, Leather or 
 
 Iron Manufactures, and Dyers. 
 
 10. Embezzling, Sjo. Materials and Tools.'] Purloining, embezzling, 
 
 secreting, 
 
 or 
 
 11. Selling, pawning, exchanging, 
 
 or 
 
 12. Otherwise unlawfully disposing of, 
 
 any materials with which any person hired or employed to work 
 them up is intrusted (or any tools, implements, drugs or ingre- 
 dients, 17 Geo. 3, c. 56, s. 16), see Note 172. 
 
 13. Not using all materials, and neglecting or delaying for eight days 
 
 (17 Geo. 3, c. 56, s. 7) to return (if required) unused part. 
 
 14. Refusing Inspection.] Refusing to allow owner of materials to enter 
 the shop or outhouses of any person employed by him to work up 
 materials, and there to inspect - the state and condition of such 
 materials. 
 
 15. Receiving Materials in fictitious Names, Sfc] Any person receiving 
 
 materials in a fictitious name in order to be manufactured, 
 or 
 
 16. Receiving same in his or her own name to be manufactured by him- 
 
 self or herself, and afterwards delivering same to another to be 
 manufactured (without owner's consent). 
 
 17. Any carrier or other person, employed to deliver materials to any 
 
 workman to be prepared or wrought up, designedly delivering 
 same to another person than the one ordered. 
 
 18. Selling, Sjc. Materials.] Selling, pawning, pledging, exchanging, 
 
 or 
 
 19. Otherwise unlawfully disposing of, 
 
 or 
 
 20. Ofiering to sell, pawn, pledge, exchange or otherwise unlawfully disr 
 
 pose of, 
 
 any materials wrought or unwrought, mixed or unmixed (or any 
 
 tools or implements, drugs or ingredient (s. 16), knowing the 
 
 same to have been purloined or embezzled. 
 
 22 Geo. 2, 
 c. 27, s. 1. 
 
 Id. s. 7. 
 
 17 Geo. 3, 
 c. 56, s. 15. 
 
 Id. s. 9. 
 
 Id. 
 
 Id. s. 5. 
 
 172 Parties may he convicted, although no Proof of Ownership of Materials.] Sect. 6 of 
 17 Geo. 3, c. 56, after reciting the difficulty of convicting ofienders purloining or receiving 
 purloined materials, by reason of same having been worked up, &c. enacts, — that when any 
 person shall be brought or charged upon oath before any two or more justices, by virtue of 
 this act, with being suspected,— or with having purloined and embezzled, — or with having 
 received any materials, &c. knowing the same to have been either purloined or embezdedj 
 or received from some person or persons not entitled to dispose thereof, — and it shall be 
 made appear upon oath to the satisfaction of such justices that such person hath purloined 
 or embezzled, &c. it shall be lawful for such justices, or for the justices at their general or 
 quarter sessions (if they shall think fit), to convict such person, although no proof shall be 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MANUFACTURES, &c. 
 
 375 
 
 Time of laying; 
 Infol^ation. 
 
 10\ On oath 
 
 12/ (s. 8),and 
 
 within 6 
 
 cal. months 
 
 (11 & 12 
 
 Vict c. 43, 
 
 s. 11). 
 
 13 Id. 
 
 14 On oath 
 
 (s. 19), and 
 
 within 6 
 
 cal. m. 
 
 (11 & 12 
 
 Vict. c. 43, 
 
 s. 11). 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 151 
 161 
 
 Id. 
 
 17 Id. 
 
 18 1 Id. 
 20 i 
 
 Two or 
 
 more 
 
 (17 Geo, 
 
 3,c. 56, 
 
 s. 2). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 1st Offence.'i Impr. with h. 1. for 
 not less than 14 days nor more 
 than three 3 cal. months — and 
 whipping once publicly. 
 
 2nd or subsequent Offence.] The like 
 for not less than 3 cal. m. nor 
 more than 6,— and whipping once 
 publicly (17 Geo. 3, c. 56, s. 1), 
 
 To be deemed an embezzling or 
 purloining, and punishable 
 Offences 10 to 12, supra. 
 
 1st Offence.] Not exc. 40j. nor less 
 than 10s. (s. 15), — levied by dis. 
 in default imp. for 1 cal. m. (s. 14). 
 
 2nd Offence.] Tlie like penalty; but 
 in default of distress impr. for 2 
 cal. months (s. 14). 
 
 Subsequent Offences.] The like pe. 
 nalty : but in default of distress 
 impr. for 6 cal. months (s. 14). 
 
 Imprisonment, with hard labour, 
 for not exc. 3 cal. months, nor 
 less than 1 (ss. 8, 9). 
 
 The like. 
 
 Istf 2nd and subsequent Offences.] 
 The like imprisonment as Of- 
 fences 10 — 12, supra. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Yes 
 
 {Note 
 
 173)- 
 
 Penalty, &c, 
 to wliom 
 payable. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 One moiety 
 to inf and 
 the other to 
 churchw. 
 and overs, 
 of the poor 
 (58 Geo. 3, 
 c. 51, s. 3, 
 Note 174). 
 
 given to whom such materials belong ; — and the person convicted is to be subject to like 
 penalties, &c. as persons buying or knowingly receiving materials. 
 
 173 Appeal.] Justices to make known to person convicted his right to appeal to the 
 next general or quarter sessions ; — appellant at the time of conviction giving to such justices 
 notice in writing of intention to appeal, and entering into a recognizance at the time of 
 such notice, with sufficient sureties, to try appeal, &c. ; — but if at the time of giving such 
 notice no recognizance is entered into, justices to commit until the sessions, unless such 
 recognizance shall be sooner entered into (17 Geo. 3, u. 56, o. 20). 
 
 174 Application of Penalty.] But if informer give evidence, the whole to poor of parish 
 (58 Geo. 3, t. 51, b. 4). R. v. Wilcocks, 14 Law J. Rep. (N. S.) M. C. 104. 
 
 Digitized by Microsoft® 
 
376 
 
 Summai'y Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MANUFACTURES, &c.— continued. 
 
 II. As TO Workmen, &c. — continued. 
 
 21. Buying, 
 
 or 
 
 22. Receiving, 
 
 materials or tools, &c. from any person employed in these ma- 
 nufactures, knowing him to be so employed, and not having 
 first obtained the employer's consent, 
 
 23. Buying, &o.' knowing the same to be purloined or embezzled. 
 
 24. Having such materials in house, outhouse, yard, garden or other 
 place, and found therein by virtue of a search warrant, and not 
 giving satisfactory account how he came by the same. 
 
 25. Having, carrying or conveying materials, &c. suspected to be pur- 
 loined or embezzled, and not producing the party entitled to dis- 
 pose of the same, of whom he bought or received the same, &c. 
 
 26. Any person hired, retained or employed as a journeyman dyer, or as 
 a servant or apprentice, wilfully dyeing such materials without 
 consent of employer. 
 
 27. Without such consent wilfully receiving same for the purpose of 
 dyeing. 
 
 22 Geo. 2, c. 27, 
 
 s. 2 
 (17 Geo. 3, c. 56, 
 
 s. 3). 
 
 17 Geo. 3, c. 56, 
 
 s. 10 
 
 {Note 176). 
 
 Id. s. 11. 
 
 Id. s. 17. 
 
 175 Decision.} The case of R. v. Joseph Wilcocks (14 Law J. Rep. (N. S). M. C. 104 ; 
 9 J. P. 324) was upon this section, in which it was held that it was not necessary that the 
 conviction should state that the materials were found concealed in the house, nor that they 
 were found under a search warrant. 
 
 Apprehension of Offenders.} Every peace officer, &c., or every watchman on duty, may 
 apprehend or cause to be apprehended every person who may reasonably be suspected of 
 having or carrying, or anyways conveying, at any time after sunsetting and before sunrising, 
 any materials suspected to be purloined or embezzled, and the same, together with such 
 person as soon as conveniently may be, convey or carry before any two justices (s. 11). 
 
 Search Warrant.} Sect. 10 authorizes any two justices, upon complaint upon oath, to 
 grant a search warrant for embezzled materials, &c. : — and if any found, the same, and 
 occupier of house, &c. to be brought before any two justices. (Form of Search Warrant, 
 No. 15 a, Oke's " FormuUst," 2nd edit. p. 162). 
 
 Adjournment.} By s. 12 the justices may take surety for the offender's appearance, where 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MANUFACTURES, &c. 
 
 377 
 
 Time of laying 
 luformatloD, 
 
 Number 
 and what 
 JuBticea lo 
 convict. 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing. - 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, Sec 
 to whom 
 payable. 
 
 Pa.e,^.c. 
 Formullst. 
 
 21) On oath 
 23/ (s. 8), and 
 
 Two 
 
 1st Offence. Not more than jg40 
 
 Yes 
 
 The like as 
 
 Nos. 
 
 or more 
 
 nor less than £20. If not paid 
 
 (Note 
 
 Offence 14, 
 
 13, 14, 
 
 within 
 
 •(17 
 
 on conviction, impr. with h. 1. for 
 
 173). 
 
 imte, p. 375. 
 
 p. 161. 
 
 6 cal. m. 
 
 Geo. 3, 
 
 not more than 6 cal. months, nor 
 
 
 
 (11 & 12 Vict. 
 
 c. 56, 
 
 less than 3, unless sooner paid ; 
 
 
 
 
 c. 43, S.11). 
 
 S.2). 
 
 — or may send offender to prison 
 for 3 days, exclusive of day of 
 commitment, with an order for 
 public whipping once within that 
 time in the market or other public 
 place (17 Geo. 3, c. 56, s. 3). 
 2nd Offence. Commitment for trial 
 to next general or quarter sessions 
 (Id. s. 4). 
 
 
 
 
 24 On oath 
 
 Id. 
 
 Is* Offence. £20,— levied by dis- 
 
 Id. 
 
 Id. 
 
 No. 15, 
 
 (s. 19), and 
 
 
 teess ; —if insufficient, impr. for 1 
 
 
 
 p. 161. 
 
 witiiin 
 
 
 cal. month. 
 
 
 
 
 6 cal. m. 
 
 
 2nd Offence. £30,— levied by dis- 
 
 
 
 
 (11 & 12 Vict. 
 
 
 tress ; — if insufficient, impr. for 2 
 
 
 
 
 .i.43, ». 11). 
 
 
 cal. months. 
 Subsequent Offences. £40 ; — levied 
 by distress ; —if insufficient, impr. 
 for 6 cal. m. (s. 14, Note 176). 
 
 
 
 
 25 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 Nos. 
 15b, 15c, 
 15d, pp. 
 162, 163. 
 
 26\ Id. 
 27/ 
 
 Id. 
 
 Ist Offence. 10s. 
 
 Id. 
 
 Id. 
 
 .. 
 
 
 2nd Offence. 20s. 
 
 
 
 
 
 
 Subsequent Offences. 40.9. 
 
 
 
 
 
 
 In either case, in default of pay- 
 
 
 
 
 
 
 ment, impr. for not exceeding 1 
 
 
 
 
 
 
 cal. month (s. 17). 
 
 
 
 
 he requests an adjournment to produce the person of whom he received the materials, &e, 
 176 Disposal of Materials found, after Conviction.'} By s. 13 of 17 Geo. 3, c. 56, where 
 persons convicted of Offences 24 and 25, convicting justices may cause materials found or 
 seized to be deposited with churchwardens or overseers of the poor where found; &c. or 
 in any other convenient place, for not exceeding thirty days ; — ^in the meantime to order 
 the said churchwardens or overseers to insert an advertisement in newspaper or otherwise 
 notice by public crier, and by fixing on the church or chapel door notice describing mate- 
 rials, &c. Justices to order restitution to owner, if proof satisfactory, after paying the 
 reasonable charges incurred. If before the end of the thirty days no claim proved, then 
 the justices to direct them to be sold, and, after paying charges, &c. one moiety paid to 
 the person apprehending or prosecuting the offender and the other moiety to poor of 
 parish or to a public charity [repealed by 58 Geo. 3, c. 51, s. 2 ; and payable by s. 3, one 
 moiety to informer and the other moiety (or whole, if informer give evidence, s. 4) to 
 churchwardens and overseers of poor]. (See R, v. Joseph Wilcocks, supra, Note 175') 
 
 Digitized by Microsoft® 
 
378 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MANUFACTURES, &c.— continued. 
 
 II. As TO Workmen, &c. — continued. 
 
 28. Any person procuring any such materials to be dyed by any person 
 
 so employed, without consent of employer, 
 
 or 
 
 29. Offering any material to any person so employed, for dyeing. 
 
 30. Neglecting Work, Sfc."] Any person hired, retained or employed to 
 
 prepare or work up materials for any master, wilfully neglecting 
 or refusing the performance thereof for 8 days successively, 
 or 
 
 31. Having materials from one master, afterwards taking materials from 
 
 another, 
 
 or 
 
 32. Procuring or permitting himself to be employed or retained in any 
 
 other occupation sooner than 8 days before completion of work 
 first taken. 
 
 III. As TO Workmen in the Cotton, Flax, Linen, Mohair, Silk 
 OR Woollen Hosiery Manufactures. 
 
 33. Persons entrusted with materials to prepare, work up or manufacture: 
 
 or any tools or apparatus, pawning, purloining, embezzling, 
 
 34. Secreting, 
 
 35. Exchanging, 
 
 or 
 
 36. Otherwise fraudulently disposing of, 
 
 such materials, &c. 
 or 
 
 37. Neglecting or delaying to return materials, &c. for 14 clear days after 
 
 being required by notice in writing (unless prevented by sufficient 
 cause), deemed guilty of embezzlement (s. 3). 
 
 38. Purchasing, taking in pawn, — or receiving into possession any such 
 
 purloined materials, &c. knowing them to be such, — or Isnowing 
 that the person from whom he received them is employed to work 
 up same, — and not having first obtained the employer's consent. 
 
 \1 Geo. 3, c. 56, 
 s. 17 {Note 175). 
 
 Id. s. 8. 
 
 Id. 
 
 6 & 7 Vict. 
 c. 40, s. 2 
 {Note 177). 
 
 Id. s. 4. 
 
 177 W^O't the Act applies to.'] The act 6 & 7 Vict. c. 40, is not to extend to any manu- 
 factures, &c., but the following : — the manufacture of woolen, worsted, linen, cotton, flax, 
 mohair or silk materials in, on or by the stocking frame, warp machine, or any other 
 machine employed in the manufacture of frame work, knitted or looped fabrics, and every 
 trade, occupation, operation or employment whatsoever, connected with or incidental to 
 the manufacture of stockings, gloves and other articles of hosiery (s. 34). The act is con- 
 fined to the hosiery trade, and does not apply to silk weaving generally j a conviction 
 therefore under 17 Geo. 3, c. 56, s. 8 (Offence 30, supra), for neglecting work as a silk 
 weaver, is good, and the defendant cannot be discharged from custody, on the ground that 
 it ought to have been made under the 6 & 7 Vict. c. 40, and not under the 1 7 Geo. 8, c. 56. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MANUFACTURES, &c. 
 
 379 
 
 Time of laying 
 loformatioa. 
 
 NiimlMr 
 and vhat 
 Justices to 
 
 Penally, &c. 
 and 
 
 If Ap- 
 peal, and 
 
 Timu ■ 
 
 Penalti', &c. 
 to wnom 
 
 * 
 Page, &c. 
 of 
 
 &c. 
 
 convict. 
 
 ModeofeDforclDf?. 
 
 lime, 
 &c. 
 
 payable. 
 
 Formalist. 
 
 28 > On oath 
 
 29 ] (s. 19), 
 
 Two 
 
 1st Offence. Ss. 
 
 Yes 
 
 The like as 
 
 
 or 
 
 2nd Offence. 20*. 
 
 {Note 
 
 Offence 14, 
 
 
 and within 
 
 more 
 
 Subsequent Offences. £i. 
 
 173). 
 
 ante, 
 
 
 6 cal. m. 
 
 (17 
 
 In either case, in default of pay- 
 
 
 p. 375. 
 
 
 (11 & 12 Vict 
 
 Geo. 3, 
 
 ment, impr. for not exceeding 1 
 
 
 
 
 e. 43, a. 11). 
 
 c. 56, 
 S.2). 
 
 cal. month (s. 17). 
 
 
 
 
 30 Id. 
 
 Id. 
 
 Imprisonment, with hard lahour, for 
 not exceediug 3 cal. months, nor 
 less than 1 (s. 8). 
 
 Id. 
 
 • • 
 
 No. 16, 
 p. 163. 
 
 31 \ Id. 
 32/ 
 
 Id. 
 
 The like. 
 
 Id. 
 
 
 No. 17, 
 
 
 
 
 
 p. 163. 
 
 33\ On oath, 
 37/ (s. 22), and 
 
 Two or 
 
 Forfeit the full value of materials 
 
 Yes 
 
 In .making 
 
 Nos. 
 
 more 
 
 and penalty not exceeding £10; 
 
 (S.29, 
 
 satisfaction 
 
 18, 19. 
 
 within 6 
 
 [not en- 
 
 — in default of payment, levied 
 
 Note 
 
 to party in- 
 
 pp. 
 
 cal. months, 
 
 gaged in 
 
 by distress ; — if insufficient, im- 
 
 178, 
 
 jured, and 
 
 163, 164. 
 
 unless of- 
 
 the 
 
 prisonment, with or without hard 
 
 post, 
 
 remainder. 
 
 
 fender left 
 
 trade or 
 
 labour, for not exceeding 3 cal. 
 
 p. 382). 
 
 if any, as 
 
 
 the country 
 
 related, 
 
 months, unless sooner paid (s. 2). 
 
 
 other 
 
 
 (s. 24). 
 
 s. 25]. 
 
 
 
 pen. s. 2), 
 i. e. the 
 Crown, un- 
 der 3 Geo. 4, 
 c. 46 (s. 26). 
 
 Seep. 190. 
 
 
 38 Id. 
 
 Id. 
 
 Not exceeding £20,— leviable by 
 
 Id. 
 
 In making 
 
 No. 20, 
 
 
 
 distress (s. 22); — if insufficient, 
 
 
 satisfaction 
 
 p. 164. 
 
 
 
 ' imprisonment, with or without 
 
 
 to party in- 
 
 
 
 
 hard labour, for not exceeding 4 
 
 
 jured, and 
 
 
 
 
 calendar months, unless sooner 
 
 
 rem., if any. 
 
 
 
 
 paid (ss. 4, 11). 
 
 
 as other 
 pen. (s. 2), 
 i. e. the 
 Crown, un- 
 der 3 Geo.4, 
 
 c. 46, 
 ss. 11, 26. 
 
 
 Special Powers.'] There are some special provisions in this act, among them the fol- 
 lowing : — 
 
 1. Justices may award costs to a defendant, with allowance for loss of time ; and if a 
 
 charge be malicious, frivolous or vexatious, or if it shall be proved on a charge of 
 embezzlement, that the materials were knowingly and fraudulently delivered by 
 the employer in a damp state, to award to defendant not exceeding £20 for the 
 injury done, leviable by distress (s. 21), and in default, imprisonment as scale in 
 offence under s. 13, Offence No. 49 (s. 27) i 
 
 2. Justices may grant a search warrant for embezzled materials (s. 8)j 
 
 Digitized by Microsoft® 
 
380 
 
 Summary Convictions. 
 
 [part I. 
 
 Offknces within the 11 & 12 Vict. c. 43. 
 
 MANUFACTURES, Sec. -continued. 
 
 III. As TO Workmen, &o. — continued. 
 
 39. Other persons selling, 
 
 or 
 
 40. Pawning, 
 
 mateiials, &c, knowing them to have been embezzled, &c. 
 
 41. Not finishing Work, S^c."] Not preparing, making up or manufacturing 
 
 materials, or causing same to be done, and returning same within 
 seven clear days after time agreed on, 
 or 
 
 42. If no time agreed upon, then within seven clear days after being 
 
 required, 
 
 or 
 
 43. Leaving or returning materials without performing work, and without 
 
 consent, 
 
 or 
 
 44. Damaging materials, 
 
 or 
 
 45. Neglecting to fulfil contract (when for specific work, for a person ex- 
 
 clusively or otherwise), 
 or 
 
 46. Absenting himself from employment, contrary to terms of agreement 
 
 (unless prevented). 
 
 47. Receiving materials to manufacture in a fictitious nanje. 
 
 48. Any person obliterating, effacing or altering the ovmer's name or 
 
 initials, or other distinguishing mark, on any frame, loom or ma- 
 chine, or any bar or part thereof, or the moulds thereof, without 
 owner's consent. 
 
 49. Not allowing owner to inspect workshops, &c. of persons employed 
 
 by him. 
 
 6 & 7 Vict. 
 
 c. 40, s. 5 
 
 (Note 177). 
 
 Id. s. 7. 
 
 Id. s. 15. 
 
 Id. ». 20. 
 
 Id. s. 13. 
 
 3. Justices may order the restoration of master's frames seized for rent owing by 
 
 workmen, and recover damage done, and costs, by distress of landlord (s. 19) ; 
 
 4. Informer or particeps criminis may be a witness (s. 24). 
 
 178 Appeal."] If the sum adjudged to be paid exceed 20s. (see Reg. v. Justices of 
 Warwickshire, in Note 7, ante, p. 192), — or the imprisonment exceed one calendar month, — 
 to the next general or quarter sessions (appellant at the time of conviction giving to the 
 
 Digitized by Microsoft® 
 
CHAP, n.] 
 
 MANUFACTURES, &c. 
 
 381 
 
 Time of laying 
 
 iDformatioD, 
 
 4c. 
 
 39 
 
 40 
 
 ) On oath 
 J (s. 22), 
 and within 
 6 caL m., 
 unless 
 offender 
 left the 
 country 
 (s. 24). 
 
 41 \ 
 46/ 
 
 Id. 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Two or 
 
 raore 
 
 [not en- 
 
 inthe 
 trade or 
 
 related 
 (s. 25)]. 
 
 Id. 
 
 Penally, &c 
 
 ajna 
 
 Mode of enforcing. 
 
 Not exceeding £20 ;— leviable by 
 distress (s. 22);— if insufficient, 
 imprisonment, with or without 
 hard labour, foi- not exceeding 4 
 calendar months, unless sooner 
 paid (ss. 4, 11). 
 
 Not exceeding £2 (and for Offence 
 44 eilso amount of inj ury done) ; — 
 in default of payment within the 
 time directed, imprisonment, with 
 or without hard labour, for not 
 exceeding 2 calendar months, un- 
 less sooner paid (s. 7). 
 
 IfAp 
 
 peal, and 
 
 Time, 
 
 Sic. 
 
 47 Id. 
 
 48 Id. 
 
 49 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Not exc. £2 ; — in default of pay- 
 ment, impr., with or without h. 1., 
 for not exc. 2 cal. m., unless sooner 
 paid (ss. 15, 17). 
 
 Not exc. £2 ; — in default of pay 
 ment, imprisonment, with or with- 
 out hard labour, for not exceeding 
 2 calendar months, unless sooner 
 paid (s. 20). 
 
 Not exc. 20s. (s. 13);— recovered by 
 distress ; — in default, impr., with 
 or without h. 1., for not exc. 2 
 cal. m., when amount with costs 
 not exc. £5, and for not exc. 3 
 cal. m. in any other case, unless 
 sooner paid(s. 27). 
 
 Yes 
 (s. 29, 
 Note 
 
 178). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 payable. 
 
 In making 
 satisfaction 
 to party in- 
 jured, and 
 rem., if any, 
 
 as other 
 pen. (s. 2), 
 
 (i. e. the 
 Crown, un- 
 der 3 Geo. 4, 
 
 c. 46, 
 ss. 11, 26). 
 
 In making 
 satisfaction 
 to party in- 
 jured, and 
 rem., if any, 
 
 as other 
 pen. (s. 7), 
 
 (i. e. the 
 Crown, un- 
 der 3 Geo. 4 
 c. 46, s. 26). 
 
 See ante, 
 
 p. 190. 
 
 Id. ss. 15, 
 17, 26. 
 
 Party in- 
 jured, after 
 payingcosts 
 of proceed- 
 ing (s. 20). 
 
 To sheriff, 
 &c. for the 
 Crown, un- 
 der 3 Geo. 4, 
 
 c. 46 
 (ss. 13, 26). 
 
 convicting justices or to the justice presiding at petty sessions at which conviction shall 
 take place, notice in writing of his intention to appeal, — and also entering into a recog- 
 nizance at the time of such notice, with two sufficient sureties, personally to appear at 
 sessions, &c.) ;— and upon such notice being given and such recognizance being entered 
 into, the justice or justices before whom the same shall be entered into shall liberate, 
 appellant, if in custody. 
 
 Digitized by Microsoft® 
 
382 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MANUFACTURES, &c.—cmtinmd. 
 
 IV. As TO CERTAIN TkADES IN PARTICULAR {NoteVJQ). 
 
 V. Regulation as to Mines. 
 
 50. Owner of any mine or colliery employing any female within the 
 
 same, 
 
 or 
 
 51. Permitting her to work or be therein for the purpose of working 
 
 therein. 
 
 [Mem. Not to extend to females whose employment is above ground (s. 7}.] 
 
 52. Employing any male under the age of ten, 
 
 or 
 63. Permitting him to work or he therein for the purpose of working 
 therein. 
 [This does not extend to boys whose employment is wholly above ground 
 (s- 7).] 
 
 5i. Taking apprentice under ten years, &c. (see the section). 
 
 55. Parent or guardian of person employed wilfully misrepresenting his 
 or her age to employer. 
 
 56. Owner, or person employed to pay wages, paying or causing to he 
 
 paid the same at or within any tavern, public house, beer shop 
 or other house of entertainment, or any office, garden or place 
 belonging thereto, or occupied therewith. 
 
 57. Owner of mine or colliery allowing any person, other than a male of 
 
 fifteen years and upwards, to have charge of any steam engine, 
 &c. &c. (see the section). 
 [^See 18 Sf 19 Vict. c. 108, as to Inspection of Coal Mines, which creates 
 some new offences.^ 
 
 5 & 6 Vict. 
 
 c. 99, s. 1 
 
 (Note 180). 
 
 Id. s. 2. 
 
 Id. s. 4. 
 Id. s. 6. 
 
 Id. ss. 10, 12. 
 Id. s. 8. 
 
 179 Enumeration of Trades.^ As a conviction under the statutes relating to the trades 
 here referred to seldom occurs, it is thought sufficient merely to refer to the acts and 
 sections :^ 
 
 36 Geo. 3, c. 60. 
 
 25 Geo. 3, c. 56. 
 
 59 Geo. 3, c. 7. 
 
 53 Geo. 3, c. 115, and 55 Geo. 3, c. 59. 
 
 6 Geo. 3, t. 29. 
 19 Geo. 8, c. 49. 
 13 Geo. 2, c. 8, s. 4. 
 
 1 Eliz. c. 2 J 17 Geo. 2, c. 30 ; 4 Geo. 4, c. 40. 
 9 Geo. 1, c. 27. 
 13 & 14 Car. 2, c. 15. 
 
 7 Geo. 1, St. 1, c. 13, s. 6. 
 27 Geo. 2, c. 7. 
 
 180 Service of Summons.'] The summons in these cases may be served at the defendant's 
 counting-bouse (s. 16). . 
 
 ISl Proceeding against Servant of Owner responsible for Offence."] Section 13 enacts, — 
 that " if any offence shall be committed against this act, for which the owner of any mine 
 or colliery is hereby made responsible, and it shall be made to appear to the satisfaction of 
 
 Button Manufacturers 
 Cordage Manufacturers 
 Cutlers .... 
 Fire Arrfts . . . 
 Framework Knitters 
 Lace Manufacturers 
 Leather Gloves Sfc. 
 Linen Manufacturers 
 Shoemakers . . . 
 Silk Mamifactwrers 
 Tailors . . . • 
 Watchmakers 
 
 Digitized by Microsoft® 
 
CHAP. 
 
 n.j 
 
 MANUFACTURES, &c. 
 
 383 
 
 Time of laying 
 Information, 
 
 Number 
 and what 
 JuRtices to 
 
 convict. 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 'rime, 
 &c. 
 
 Penalty, &c. 
 to wuom 
 payable. 
 
 Page,^ic 
 
 Formalist. 
 
 50\ Within 3 
 51 J cal.months 
 (s. 16, 
 Note 181). 
 
 Two 
 or more 
 (s. 17). 
 
 Not more than £10 nor less than 
 £5, for every person employed, 
 or suffered, &c. (s. 5); —recovered 
 by distress (s. 17); — in default of 
 distress, impr., with or without 
 h. 1. for not exc. 2 cal. m., unless 
 sooner paid (s. 18). 
 
 Yes 
 
 (s. 21, 
 
 Note 
 
 182). 
 
 Half to inf. 
 
 and half to 
 
 overs, for 
 
 poor rate 
 
 (s. 17). 
 
 No. 25, 
 p. 165. 
 
 52 \ Id. 
 53j' 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 Nos. 
 26, 27, 
 p. 165. 
 
 54 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 
 55 Id. 
 
 Id. 
 
 Not exceeding iQs. (s. 6); — ^reco- 
 vered by distress and impr. as 
 Offences 50, 51, supra. 
 
 Id. 
 
 Id. 
 
 No. 28, 
 p. 165. 
 
 56 Id. 
 
 Id. 
 
 Not exceeding jglO nor less than 
 j65 (s. 12); — recovered by dis- 
 tress and impr., as Offences 50, 
 51, supra. 
 
 Id. 
 
 Id. 
 
 No. 29, 
 p. 165. 
 
 57 Id. 
 
 Id. 
 
 Not exceeding £50, nor less than 
 £20 (s. 8) ;— recovered by dis- 
 tress and imprisonment, as Of- 
 fences 50, 51, supra. 
 
 Id. 
 
 Id. 
 
 
 any justice that the ofTence has been committed by or under the authority of some agent, 
 servant or workman of such owner, or by or under the authority of a contractor, without 
 the personal consent, concurrence or knowledge of such owner, — it shall be lawful for such 
 justices to summon such agent, servant, workman or contractor before them to answer for 
 such offence ; — and such agent, servant, workman or contractor, if convicted, shall be liable 
 to the penalties and punishment for such offence herein specified ; — and such justices may 
 convict such agent, servant, workman or contractor in lieu of such owner." By the 
 14th section the word " owner" is to mean the immediate proprietor, lessee or occupier, 
 and all persons working for their own benefit, or as sharers of the profit ; — and the word 
 "agent," any person receiving remuneration. And it is sufficient in any information, 
 summons or warrant to insert the name of the ostensible proprietor, occupier, lessee or 
 adventurer, or title of the company, without setting forth the names of the parties (s. 15). 
 182 AppeaWl To the next general or quarter sessions holden not less than fifteen days 
 after conviction, — provided that appellant give to the complainant a notice in writing of 
 such appeal, and of the cause and matter thereof, within seven days after conviction, and 
 seven clear days at least before such sessions ; and also either remain in custody until the 
 sessions, or enter into a recognizance, with two sufficient sureties, before a justice, to appear 
 at sessions, &c. j — and upon such notice being given and such recognizance being entered 
 into,, the justice T»eiore whom the same shall be entered into shall liberate such person, if 
 in custody. 
 
 Digitized by Microsoft® 
 
384 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MARINES'. See " Navy, Seamen in Her Majesty's." 
 
 MARINE STORES. See " Merchant Shipping," post, Offences Nos. 148 
 152. 
 
 MARKETS AND FAIRS (Aro<cl82a)- 
 
 1. Person other than a licensed hawker within the prescribed limits of 
 the market or fair, except on own premises, selling or exposing 
 any article for sale in respect of which toll may be taken. 
 
 Selling or exposing for sale unwholesome meat or provisions in the 
 
 market, Sec. ' 
 
 or 
 Hindering or obstructing inspector of provisions in seizing such 
 
 meat, &c. 
 
 4. Assaulting market or fair keeper on duty, 
 
 5. 
 
 6. 
 
 7. 
 
 Slaughtering cattle, &e. after notice from undertakers, elsewhere than 
 in an authorized slaughter house. 
 
 Obstructing or hindering inspector on duty in inspecting slaughtering 
 houses. 
 
 Seller of articles refusing to cause same to be weighed or measured 
 on demand by the buyer. 
 
 Persons appointed by the undertakers to weigh and measure articles, 
 refusing to do so. 
 
 Drivers refusing to take carts, &c. to the weighing machine to be 
 weighed, &c. 
 
 9. 
 10. Driver of cart committing frauds in weighing. 
 
 11. Buyers or sellers committing frauds in weighing. 
 
 12. Weighing machine keeper committing frauds. 
 IS. Other persons committing frauds in weighing. 
 
 10 & 11 Vict, 
 i;. 14, s. 13. 
 
 Id. s. 15. 
 
 Id. 
 
 ' 
 
 16. 
 
 Id. 
 
 s 
 
 19. 
 
 Id 
 
 s 
 
 20. 
 
 Id. 
 
 s 
 
 22. 
 
 Id. 
 
 s. 
 
 23. 
 
 Id. 
 
 B 
 
 26. 
 
 Id. 
 
 s. 
 
 27. 
 
 Id. 
 
 s. 
 
 28. 
 
 Id. 
 
 s. 
 
 29. 
 
 Id. 
 
 B. 
 
 30. 
 
 182 & To what Places the Act 10 Sf 11 Vict. c. 14, applies — Incorporated Provisions as to 
 Eecovery of Penalties — Appeal.'] The offences under this title are enacted by "The 
 Markets and Fairs Clauses Act, 1847," which extends only to such markets or fairs as 
 shall be authorized by any Act of Parliament hereafter to be passed, which shall declare 
 that this act shall be incorporated therewith (s. 1). Also, by s. 52, the provisions as to 
 
 Digitized by Microsoft® 
 
CHAP. II.] MARINES— MARKETS AND FAIRS. 
 
 385 
 
 Time of laying 
 Information, 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Penalty. &c. 
 Mode of enforcing. 
 
 "if Ap- 
 peal, and 
 . Time, 
 &c. 
 
 Penalty, &c. 
 to wnnm 
 payable. 
 
 Page,&c. 
 FormuUst. 
 
 1 Within 6 
 
 Two 
 
 Not exc. 40s. (s. 13) ;— to be levied 
 
 Yes 
 
 Not exc. 
 
 • 
 
 cal. months 
 
 (8 &9 
 
 by distress (8 & 9 Vict c. 20. 
 
 (see 
 
 half to inf. 
 
 
 (8 & 9 Vict. 
 
 Vict. 
 
 s. 146) i— if distress insufficient, 
 
 Note 
 
 and rem. to 
 
 
 c. 20, ss. 3, 
 
 t. 20, 
 
 impr. without bail for not exc. 
 
 182a). 
 
 overs, in aid 
 
 
 151, 
 
 d. 145, 
 
 3 cal. m. unless sooner paid (ss. 3, 
 
 
 of poor r^te 
 
 
 Note 182 a). 
 
 Note 
 
 182 a). 
 
 147, AToi. 182 a)- 
 
 
 (8 & 9 Vict. 
 
 c. 20, 
 
 s. 150). 
 
 
 2\ Id. 
 3/ 
 
 Id. 
 
 Not exceeding £5 (s. 15) ; — reco- 
 
 Id. 
 
 Id. 
 
 
 
 vered as in Offence \, supra. 
 
 
 
 
 4 Id. 
 
 Id. 
 
 Not exc. 40s. (s. 16);— recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 
 5 Id. 
 
 Id. 
 
 Not exc. £5 (s. 19) ; — ^recovered 
 as in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 
 6 Id. 
 
 Id. 
 
 The like (s. 20). 
 
 Id. 
 
 Id. 
 
 
 7 Id. 
 
 Id. 
 
 Not exc. 40s. (s. 22) j— recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 
 8 Id. 
 
 Id. 
 
 The like (s. 23). 
 
 Id. 
 
 Id. 
 
 
 9 Id. 
 
 Id. 
 
 Not exc. 20s. (s. 26) ; — ^recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id, 
 
 
 10 Id. 
 
 Id. 
 
 Not exc. £5 (s. 27) ! — recovered as 
 in Offence I, supra. 
 
 Id. 
 
 Id. 
 
 
 11 Id. 
 
 Id. 
 
 The like (s. 28). 
 
 Id. 
 
 Id. 
 
 
 12 Id. 
 
 Id. 
 
 The like (s. 29). 
 
 Id. 
 
 Id. 
 
 
 13 Id. 
 
 Id. 
 
 The like (s. 30). 
 
 Id. 
 
 Id. 
 
 
 recovery of penalties contained in the_8 & 9 Vict. c. 20, are incorporated with the 10 & 11 
 Vict. c. 14. Vide Note 54, ante, p. 25t), as to a penalty on witnesses, and apprehension of 
 transient offenders, and Note 55, ante, p 257, the requirements as to appeal, which there- 
 fore equally apply to this title. The application of the penalty, and the appeal, for offences 
 in the metropolis is directed by s. 56 of the 10 & 11 Vict. o. 14. 
 
 " " c c 
 
 Digitized by Microsoft® 
 
386 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MARKETS AND V kl'R.S,— continued. 
 
 14. Taking a greater toll than authorized to be taken by this or the 
 special act. 
 
 10 & 11 Vict, 
 c. 14, s. 37. 
 
 15. Assaulting or obstructing collector of stallage, rent or toll. 
 
 16. Offending against the bye-laws of the undertaking [see ss. 42 — 4 
 
 as to the making, &c. of the bye-laws]. 
 
 17. Clerk to undertakers not permitting inspection of bye-laws. 
 
 18. Undertakers omitting to send annual accounts to clerk of the peace. 
 
 19. Undertakers failing to keep copies of their special act at their office 
 — or to deposit same with the clerk of the peace (see s. 58). 
 
 MASTER AND SERVANT. 
 
 I. As TO False Characters of Servants, p. 386. 
 II. As TO Misbehaviour by Servants in Husbandry, &c. and 
 theik Masters, p. 388. 
 
 I. As TO False Characters of Servants. 
 
 1. Giving a false Character, Sfc] Falsely personating any master or mis- 
 
 tress, or the executor, administrator, wife, relation, ho,usekeeper,, 
 steward, agent or servant of them, and either personally — or in 
 writing— giving any false, forged or counterfeited character to any 
 person offering him or herself to be hired as a servant into the 
 service of any person. 
 
 2. Knowingly and wilfully pretending, 
 
 or 
 ■ asserting in writing, 
 that any servant has been hired or retained for any period of 
 time whatsoever other than that for which such servant had 
 been hired. 
 
 4. Knowingly and wilfully pretending, 
 
 or 
 
 5. Falsely asserting in writing, 
 
 that any servant was discharged or left service at any other time 
 than the correct time, — or that he had not been in any previous 
 service, — contrary to the fact 
 
 Id. 
 
 s. 
 
 40 
 
 Id. 
 
 s. 
 
 43 
 
 Id. 
 
 s. 
 
 47 
 
 Id. 
 
 s 
 
 50 
 
 Id. s. 59. 
 
 32 Geo. 3, c. 56, 
 s. 1. 
 
 Id. s. 2. 
 
 Id. s. 3. 
 
 183 ^ppeal.l By 32 Geo. 3, c. 56, s. 10, — "any person thinking himself aggrieved by any- 
 thing done in pursuance of this act may appeal to the next general or quarter sessions, 
 giving notice thereof, and entering into recognizance with two sufficient sureties in £20 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MASTER AND SERVANT. 
 
 387 
 
 Time of laying 
 
 Number 
 
 Information, 
 
 Jiiplices to 
 
 
 convict. 
 
 U Within 6 
 
 Two 
 
 cal. months 
 
 (8 & 9 
 
 (8 & 9 Vict. 
 
 Vict. 
 
 c. 20, ss. 3, 
 
 c. 20, 
 
 151 
 
 s. 145, 
 
 Note 182 a). 
 
 Note 
 
 
 182 a). 
 
 15 Id. 
 
 Id. 
 
 16 Id. 
 
 Id. 
 
 17 Id. 
 
 Id. 
 
 18 Id. 
 
 Id. 
 
 19 Id. 
 
 Id. 
 
 1 Within 6 
 cal. months 
 
 (11 & 12 Vict 
 w. 43,8.11). 
 
 Id. 
 
 li 
 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Not exc. 40». (s. 37);— recovered 
 as Offence 1, supra. 
 
 Two 
 
 or more 
 
 (s. 6). 
 
 Id. 
 
 Id. 
 
 Yes 
 (see 
 Note 
 
 182a). 
 
 The like (s. 40). 
 
 Not exc. £5, as imposed by the hye. 
 laws (s. 43) ; — ^recovered as in 
 Offence 1, supra. 
 
 Not exc. £5 (s. 47) ; — recovered as 
 in Offence 1, supra. 
 
 Not exc. £20 (s. 50) j — recovered 
 as in Offence 1, supra. 
 
 £20, and also £5 for every day 
 afterwards in default (s. 59); — 
 recovered as in Offence 1, supra. 
 
 IfAp. 
 
 peal, and 
 
 Time, 
 
 jg20. — If not immediately -paid, 
 with 10s. costs, or notice of ap 
 peal given, &c. commitment to 
 prison, with h. ]., for not exc. 3 
 cal. m., nor less than 1 month, or 
 until sooner paid (s. 6). 
 
 The like. 
 
 The like. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Yes 
 (s. 10, 
 Note 
 
 183). 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 to wliom 
 payable. 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 (8 & 9 Vict, 
 c. 20, 
 s. 150). 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id., 
 
 Half to inf 
 and half to 
 
 poor of 
 parish (s. 6). 
 
 Id. 
 
 Id. 
 
 each, conditioned to try the appeal and abide the order of, and pay such costs as shall be 
 awarded by, the justices at such sessions ;— and the justices at such sessions may finally 
 determine the matter, and award costs to either party as they shall see fit." 
 
 Digitized by Microsoft® 
 
388 
 
 Summary Convictions, 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MASTER AND SERVANT— coK«n«eA 
 
 I. As TO False Characters of Servants— cobHmwi?. 
 
 6. Servants falsely pretending to have served."] Any person offering himself 
 or herself as a servant, asserting or pretending that he or she had 
 served in any service in which such servant shall not actually 
 have served, 
 
 7. With a false, forged or counterfeit certificate of his or her character, 
 
 8. In anywise adding to or altering, effacing or erasing any word, date, 
 matter ox thing in any certificate given by his or her former 
 master or mistress. 
 
 9. Any person having before been in service, when offering to hire him- 
 self or herself, falsely or wilfully pretending not to have been hired 
 in any previous service. 
 
 II. As TO Misbehaviour by Servants in Husbandry, &o. and 
 their Masters [Note 184). 
 
 10. Servants misbehaving^ (^c] Any servant in husbandry, artificer, handi- 
 craftsman, miner, collier, keelman, pitman, glassman, potter, or 
 other labourer {Note 185; P""*' P- 391) [employed for any certain 
 time, or in any other manner ^s. 1)], guilty of any misdemeanor, 
 miscarriage or ill-behaviour in his service or employment. 
 
 32 Geo. 3, c. 56 
 
 s. 4. 
 
 Id. ». 5. 
 
 20 Geo. 2, c. 19 
 
 s. 2; 
 31 Geo. 2, c. 11, 
 
 s. 3. 
 
 184 Statutes within Jervie's Act, c. 43 — Repetition of Offence of absenting after being impri- 
 soned— Minors punishable under the Servants' Acts.] The offences are within the operation 
 of Jervis's Act, 11 & 12 Vict. c. 43 (see Re Geswood, 2 El. & Bl. 952; 23 L. J. (N. S.) M. 
 C. 35 ; 17 Jur. 1163 ; Bailey's ease, 3 El. & Bl. 607 ; Re Bailey and Collier, 23 L. .T. (N. S.) 
 M. C. 161 ; 18 J. P. 630 ; 3 El. & Bl. 607 ; Paley, Sum. Conv. 4th edit., pp. 133, 620). The 
 most comprehensive act here noticed, and the one usually acted upon in practice, is the 
 4 Geo. 4, c. 34 ; the 20 Geo. 2, c. 19, seems more applicable in regard to the punishment 
 of day labourers ; and the 4 Geo. 4, c. 34, and 6 Geo. 3, c. 25, to contracts for a longer period. 
 As to the question whether persons under age can be punished for non- completion of a 
 contract of service, in the case of Tieg. v. James Lord(\7 L. J. (N. S.) M. C. 181), a contract 
 whereby an infant agreed to enter into the service of a master for twelve months at certain 
 weekly wages, and to serve him at all limes during that term, and to work fifty-eight hours 
 a-week, contained a proviso that in case the steam engine should be stopped from accident 
 or any other cause, that the master might retain all wages of the servant during that time : 
 Held, that the agreement was void against the infant, and that a conviction for absenting 
 himself from such service could not be supported. Neither must the agreement be deficient 
 in mutuality or in restraint of trade {Hartley v. Cummings, 17 L. J., C. P. 84 ; Reg. v. 
 JVelsh and Wells Justices, 22 L. J. (N. S.) M. C. 145 ; 17 J. P. 553). The prevailing 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MASTER AND SERVANT. 
 
 389 
 
 Time of laying 
 iufonnation, 
 
 Number 
 and wliat 
 Justices to 
 
 Penalty, &c. 
 aud 
 
 If Ap- 
 peal, aiHl 
 
 Penalty, tie. 
 to wflom 
 
 Page, Itc 
 of 
 
 dec. 
 
 couvict. 
 
 Mode of eoforclng. 
 
 &r.' 
 
 payable. 
 
 Formulifit. 
 
 6\ Within 
 8/ 6 cal. m. 
 
 Two 
 
 £20. — If not immediately paid, 
 
 Yes 
 
 Half, to inf 
 
 No. 4, 
 
 or more 
 
 with 10s. costs, or notice of ap- 
 
 (s. 10, 
 
 and half to 
 
 p. 167. 
 
 (H& 12 Vict. 
 
 (s. 6). 
 
 peal given, &c. commitment to 
 
 Note 
 
 poor of 
 
 
 >;. 43, 8.11). 
 
 
 prison, with h. 1., for not exe. 3 
 
 cal. m., nor less than 1 month, or 
 
 until sooner paid (s. 6). 
 [Note applicable to the whole of the 
 
 Offences r — 
 
 If any servant, guilty of any 
 of these Offences, before any 
 information lodged against 
 him, discover and inform 
 against any accomplice, so 
 as he be convicted, he is to 
 be discharged from all pe- 
 nalties and punishments for 
 his own Offence (s. 8).] 
 
 183)- 
 
 parish (s.6). 
 
 
 9 Id. 
 
 Id. 
 
 The like penalty, and imprisonment 
 in default of payment as Offence 
 1, supra. 
 
 Id. 
 
 Id. 
 
 No. 5, 
 p. 167. 
 
 10 On oath, 
 
 One 
 
 Impr. witb h. 1. and correction [i. e. 
 
 Yes 
 
 
 Nos. 
 
 and within 
 
 or more, 
 
 corporal punishment by whip- 
 
 (s. 5, 
 
 
 6-8, 
 
 6 cal. m. 
 
 where 
 
 ping, 14 East, 605], for not exc. 
 
 Note 
 
 
 pp. 
 
 (11 & 12 Vict 
 
 master 
 
 1 cal. m.— and costs (11 & 12 
 
 13, 
 
 
 167, 168. 
 
 c. 43, s. 11, 
 
 inhabits 
 
 Vict c. 43, s. 24, ante, p. 170 r) 
 
 ante, 
 
 
 
 by the master, 
 
 (20 Geo. 
 
 Or, abate part of wages ; — 
 
 p.227). 
 
 
 
 his steward. 
 
 2, c. 19, 
 
 Or, discharge servant, — which dis- 
 
 
 
 
 manager or 
 
 (s. 2). 
 
 charge must be given under the 
 
 
 
 
 agent. 
 
 
 band and seal of the justice gratis 
 (20 Geo. 2, y,. 19, ». 2). 
 
 
 
 
 opinion, however, is that justices have jurisdiction over infants, if the contract is in other 
 respects legal. The offence complained of by the master must not amount to a felony, as 
 justices have nn jurisdiction to bear and convict under such circumstances by these statutes 
 {Ex parte Jacklin, 13 L. J. (N. S.) M. C. 139; Jones v. Williams, 3 B. & C. 762; see 
 Note 185i infra). The agreement or contract need not be stamped (see 3rd exemption in 
 Sched. to 55 Geo. 3, c. 184, tit. " Agreements"). Whether a servant who has been once 
 imprisoned, and at its expiration refuses to return to the same service, may again be 
 convicted for absenting himself, will be seen from the case of Ex parte Baker (26 L. J. 
 (N. S.) Exch. 334; 3 Jur. (N. S.) 937; 21 J. P. 486; 22 J. P. S3 ; 2 H. & N. Exch. 
 Rep. 219; 26 L. J. (N. S.)^a B. 305; 3 Jur. (N. S.) 514; flc Ba/rer, 26 L. J. (N. S.) 
 Q. B. 305; 3 Jur. (N. S.) 514.) In that case, Baker agreed with H. & Co. to serve 
 them as a potter, fiom the 11th November, 1856, till the 11th November, 1857. He 
 entered the service, but a dispute having arisen between him and his employers as to his 
 wages, he left the service on the 10th March, 1857. On the 18tb March, he was convicted 
 for unlawfully absenting himself from his employer's service, and sentenced to one month's 
 imprisonment. On the 17th April, he was discharged from prison, and on the 29th, was 
 requested by H. & Co. to return to their service, but refused. On the 13th May he was 
 again convicted on a charge of unlawfully .absenting himself from the service of H. & Co., 
 
 '^'9*^s''^>'™"^''°%%it of habeas corpus having issued, 
 
390 
 
 Summary Convictions. 
 
 [PAKT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MASTER AND SERVANT— conWnMerf. 
 
 II. As TO Misbehaviour by Servants in Husbandry, &c. and 
 THEIR Masters, iVoic 184) — continued. 
 
 11. Any s ervant in husbandry,jor any artificer, calico printer, handi- 
 ■' craTKinaliir"inmefj'''c6nier, keelman, pitman, glassman, potter. 
 labourer, or other person (^Note 185 )> [with the addition of all per- 
 sons engaged in the manufacture of hats, and in the woollen, 
 linen, fustian, cotton, iron, leather, hemp, fiax, mohair and silk 
 manufactures, 10 Geo. 4, c. 52,] contra£tine^o_serve any person 
 for any time or in any other m^anrier, ancT not'"ccffiffl?'ncIng his 
 s&vice accofaingly (such contract being in writing and signed), 
 
 12. Having entered upon such service, absenting himself therefrom 
 before the contract (vfhether in writing or not) shall be completed, 
 
 13. Neglecting to fulfil contract, 
 
 or 
 
 14. Guilty of any other misconduct or misdemeanor in the execution 
 
 thereof, or otherwise respecting the same. 
 
 4 Geo. 4, e. 34, 
 
 the governor of the house of correction made a return, that he held Baker in custody under 
 the warrant of a justice, which, after reciting that complaint on oath had been made to him 
 that Baker, on the 1 1 th November last, contracted and agreed with H. & Co. to serve 
 them as a p'otter, in their business as potters, until the Jlth November next, proceeded as 
 follows:— "And having entered upon and worked under such agreement, and the term of 
 his contract being unexpired, the said Baker did, on the 29th April last, unlawfully mis- 
 demean and misconduct himself in his said services by neglecting and absenting himself 
 from his master's service, without the leave of the said master, contrary to the provisions 
 of the statute in such case made and provided : — And whereas the said Baker being 
 now brought before me, the said justice, to answer the said complaint, and I having duly 
 examined into the nature thereof, do adjudge the said complaint to be true ; it appearing 
 to me, as well upon the examination on oath of J. M., in the presence of the said Baker, 
 as otherwise, that the said Baker having contracted as aforesaid to serve the said H. & Co. 
 as a potter, in their business of potters, and the term of his contract being unexpired, 
 did, on the 29th April last, misdemean and misconduct himself in his said service, by 
 neglecting and absenting himself firom his said master's service, without the leave of his 
 said master, I do therefore convict him, the said Baker, of the said offence, and do order and 
 adjudge that the said Baker for his said offence be committed to the house of correction at 
 Stafford, there to remain and be held to hard labour for the space of one calendar month. 
 These are therefore to command you, &c. On a motion to the Court of Exchequer to dis- 
 charge Baker from custody, the Chief Baron and Baron Watson held, — that, assuming the 
 contract was dissolved by the conviction, affidavits might be used for the purpose of showing 
 that the absenting, in respect of which the second conviction took place, was the not re- 
 turning to the service after the expiration of the imprisonment under the first conviction, 
 for, in that case, the justice had no jurisdiction : Martin, B., dubitante ; Bramwell, B., dissen- 
 tiente. Secondly : Barons Bramwell and Watson held, that the contract was not dissolved 
 by the first conviction : Pollock, C. B., dissentiente ; Martin, B., dubitante. Thirdly : the 
 whole court held, that the conviction was not open to the objection, that it did not affirma- 
 tively appear that Baker had entered the service, or to the objection that the adjudication 
 was made on evidence other than that taken in the presence of Baker. Fourthly : the 
 Chief Baron, and Barons Martin and Bramwell, held that the conviction was bad, inas- 
 much as the justice had not adjudicated as to an abatement of wages during the period 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MASTER AND SERVANT. 
 
 391 
 
 Time of laying 
 Informatiou, 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 «ic. 
 
 Penalty, &c. 
 to V nom 
 payable. 
 
 Pagc,&c. 
 
 of 
 Formullst. 
 
 111 On oath, 
 14/ and within 
 
 One 
 
 Impr. and h. 1. for not exc. 3 cal. 
 
 No. 
 
 
 Nos. 
 
 where 
 
 m. and a proportionate part of 
 
 
 
 9—12, 
 
 6 cal. m. 
 
 servant 
 
 wages abated during impr., — with 
 
 
 
 pp. 
 
 (11 & 12 
 
 con- 
 
 costs (11 & 12 Vict. c. 43, s. 24, 
 
 
 
 168,169; 
 
 Vict. c. 43, 
 
 tracted. 
 
 antejp. 170), and additional term 
 
 
 
 Convic- 
 
 s. 11), by the 
 
 or em- 
 
 of not exc. 1 cal. m., for such 
 
 
 
 tion and 
 
 master, his 
 
 ployed, 
 
 costs, unless sooner paid ; — 
 
 
 
 abate- 
 
 steward, ma- 
 
 or found. 
 
 Or, in lieu, whole or part of wages 
 
 
 
 ment of 
 
 nager or agent. 
 
 - 
 
 abated ; — 
 Or, discharged from the contract or 
 service, — which discharge must 
 be given under the hand and 
 seal of the justice gratis. 
 
 
 
 wages &c. 
 No. 13, 
 p. 169; 
 
 Dis- 
 charge, 
 No. 14, 
 p. 169. 
 
 of imprisonment. Watson, Baron, dissentiente, on the ground that the 6 Geo. 3, c. 25, is 
 unrepealed, and the servant may be committed under that statute without any such adju- 
 dication. 
 
 185 ff^hat Servants, ^c. or Contracts within the Acts."] The result of several opinions 
 and decisions upon these and analogous cases, as to the description of servants and the 
 nature of the contracts within the acts, appears to be : — 
 
 1. The servant must be one of the descriptions mentioned in the acts, and been 
 
 exclusively employed as such; the general words "or other labourer^ ^ in the 20 
 Geo. 2, c. 19, and " labourer or other person" in the 4 Geo. 4, c. 34, and 6 Geo. 3, 
 c. 25, following the specified descriptions, must be construed as applicable only 
 to i>ersonsejusdemgeneris{Sandimanv. Breach, 7 B. & C. 100; Kitchen v. Shaw (6 
 Ad. & E. 719 ; 1 N. & P. 791 ; 1 J. P. 185), overruling Lowiher v. Earl Radnor, 
 8 East, 113; Ex parte Eli Ormerod, 13 L. J. (N. S.) M. C. 73; Lillei/ v. Ellwin, 
 11 Q. B. 742 ; R. V. Lewis, 13 L. J. (N. S.) M. C. 46; but where a person was 
 employed as a dairymaid, and in the domestic work of the house also, and the 
 justices by their conviction found her to be a " servant in husbandry," the court 
 above refused to interfere (see Reg. v. Angwln or Anwyl, 18 J. P. 679; Ex parte 
 Hughes, 23 L. .7. (N.S.) M. C.138); andso likewise is a jourrteyman'tailor within 
 the act, if the contract shows he is to serve no other person (Reg. v. Gordon, 25 
 L. J. (N. S.) M. C. 12 ; 19 J. P. 390). 
 
 2. The hiring must have been to serve for a certain definite and continuous period, or 
 
 for an unlimited period determinable on a given notice, and not for specific work 
 {Hardy v. Ryle, 9 B. & C. 603 ; Lancaster v. Greaves, 9 B. 8e C. 628 ; R. v. John- 
 son, 9 h. J. (N. S.) M C. 27 ; Wiles v. Cooper, 5 N. & M. 276 ; 3 Ad. & E. 524 ; 
 Re Bailey and Collier, 3 El. & BI. 607; 23 L. J. (N. S.) M. C. 161). 
 
 3. The servant, if the hiring be definite, as shown in 2, may have been stipulated to 
 
 be paid either at so much for the period hired, or at so mucih per day, per ton, or 
 piece, &c. 
 
 4. In all cases the servant's time must have been his master's exclusively at all 
 
 periods during the performance of the contract (Lancaster v. Greaves, 9 B. & C. 
 628 ; Reg. V. Johnson, 9 L. J. (N. S.) M. C. 27 ; see also the recent case o{ Reg. v. 
 Gordon, 25 L. 3. (N. S.J M. C. 12 ; 19 J. P. 390 ; Article, 20 J. P. 243). 
 Digitized by Microsoft® 
 
392 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MASTER AND SERVANT— co««)!«ed. 
 
 II. As TO MiSEEHAVIOUK BY SERVANTS IN HUSBANDRY, &C. AND 
 
 THEIR Masters— continued. 
 
 J5. Any artificer, calico printer, handicraftsman, miner, collier, keelmah, 
 pitman, glassman, potter, labourer or other person {Note \^5), con- 
 tracting with any person whomsoever for any time or times what- 
 soever, absenting himself from his service before the term of his 
 contract is completed, 
 or 
 
 16. Guilty of any other misdemeanor. 
 
 17. Ill-usage ly Master.'] Misusage, refusal of necessary provisions, 
 cruelty, or other ill-treatment towards such servant, &c. as in 
 Offence 10, ante, p. 388. 
 
 MERCHANT SHIPPING {see Note 186 /or definitions, Sfc.) 
 I. Offences by Masters of Ships, p. 392. 
 
 II. Offences by Seamen, p. 404. 
 HI. Offences by Owners of Ships, p. 408. 
 IV. Offences by Pilots and other Officials, p. 408. 
 
 V. Offences by other Persons, p. 410. 
 
 I. Offences by Masters of Ships. 
 1. Refusing or neglecting to produce official log book to officers of 
 
 customs, &c. — or refusing explanation required,- 
 such officers. 
 
 -or misleading 
 
 6 Geo. 3, c. 25, 
 s. 4. 
 
 20 Geo. 2, c. 19, 
 
 ». 2; 
 31 Geo. 2, ^. 11, 
 
 s. 3. 
 
 17 & 18 Vict. 
 c. 104, s. 13. 
 
 186 Definition of " Master," " Seamen," " Ship," " Foreign-going Ship," " Home 
 Trade 5/iJp" — "fVhat a British Ship."] By s. 2 of this act, " The Merchant Shipping Act, 
 1854,'' which came into operation on the 1st of May, 1855 (all former acts being 
 repealed by 17 & 18 Vict c. 120), the following terms are to have the respective meanings 
 assigned to them ; — " Master," to include every person (except a pilot) having command 
 or charge of any ship ; — '' Seaman," to include every person (except masters, pilots, and 
 apprentices duly indentured and registered) employed or engaged in any capacity on board 
 any ship ; — " Ship," to include every description of vessel used in navigation not propelled 
 by oars ; — " Foreign-going Ship," to include every ship employed in trading or going 
 between some place or places in the United Kingdom and some place or places situate 
 beyond the following limits: i. e. the coasts of the United Kingdom, the Islands of 
 Guernsey, Jersey, Sark, Alderney and Man, and the Continent of Europe between the 
 River Elbe and Brest inclusive ;— and " Home-trade Ship," to include every ship employed 
 in trading or going within the last described limits ; but the act is not to apply to ships 
 belonging to her Majesty (s. 4). By s. 18, no ship is to be deemed to be a British ship 
 unless she belongs to owners who are natural-born British subjects (see proviso), persons 
 made denizens by letters of denizen, or naturalized (see proviso), and bodies corporate 
 having their principal place of business in the United Kingdom. By s. 19, no ship 
 required to be registered is to be recognized as a British ship unless registered. 
 
 Digitized by Microsoft® 
 
CHAP. 11,] MASTER & SERVANT-MERCHANT SHIPPING. 393 
 
 Time of laying 
 iiil'orniaUon, 
 
 Number 
 and what 
 JUHticeg to 
 
 Penalty. &c. 
 and 
 
 If Ap- 
 peal, and 
 
 Penalty, &c. 
 10 wliom 
 
 Page,&c. 
 
 *"='• convict."! 
 
 Mode of enforcing. 
 
 Sic!' 
 
 payable. 
 
 Formullst. 
 
 15\ On oath, 
 16/ and within 
 
 One, 
 
 Imprisonment .for not exceeding 3 
 
 No. 
 
 
 No. 15, 
 
 where 
 
 nor less than 1 cal. month,— and 
 
 
 
 p. 169. 
 
 6 cal. m. , 
 
 servant 
 
 costs, with additional imprison- 
 
 
 
 
 (11 & 12 Vict. 
 
 con- 
 
 ment for not exceeding 1 cal. 
 
 
 
 
 c. 43, =.11), tracted. 
 
 month, unless sooner paid (11 & 
 
 
 
 
 by the master, or em- 
 
 12 Vict. v;. 43, s. 24, ante, p. 170). 
 
 
 
 
 his steward, 
 
 ployed. 
 
 
 
 
 
 manager or 
 
 or 
 
 
 
 
 
 agent. 
 
 found. 
 
 
 
 
 
 17 On oath. 
 
 One, 
 
 Discharge the servant from the ser- 
 
 Yes 
 
 ,, 
 
 Nos. 
 
 and within 
 
 where 
 
 vice,— which must be given under 
 
 (s.l2. 
 
 
 16, 17, 
 
 6 cal. m. 
 
 master 
 
 the hand and seal of the justice 
 
 Note 
 
 
 pp. 
 
 (11 & 12.Vict. 
 
 in- 
 
 gratis. 
 
 13; 
 
 
 169, 170. 
 
 0. 43, s. 11), 
 
 habits. 
 
 
 ante, p. 
 
 
 
 by the servant. 
 
 
 [Mem. Vide the following Notes .— 
 ISG/o*" dejinitiovs of terms '' Mas- 
 ter" 8^c. Sfc. ; 187/"'' '^'"fi of pro- 
 ceedings seroice of summons, 8^c. ; 
 188/'"' what justices and where to 
 convict, Sfc. i 189 for the appeal 
 clause.'] 
 
 227). 
 
 
 
 1 Within 
 
 Two 
 
 Not exc. 1620 (s. 13) ;— recovered 
 
 Yes 
 
 Her 
 
 
 6 months 
 
 or more 
 
 by distress on ship tackle, &c. (s. 
 
 (see 
 
 Majesty, 
 after paying 
 
 
 (s. 525, art. 1, 
 
 (s. 518, 
 
 523), or on goods of offender (11 
 
 Note 
 
 
 see Note 187)- 
 
 art. 3, 
 
 & 12 Vict. c. 43, s. 19, ante, p. 
 
 189> 
 
 portion 
 
 
 
 and see 
 
 175) ; — or in default impr. for not 
 
 post. 
 
 to person 
 
 
 
 Note 
 
 exceeding 3 calendar months, 
 
 p.395). 
 
 wronged or 
 
 
 
 188). 
 
 unless sooner paid (Id. s. 22, see 
 ante, p. 179). 
 
 
 damaged 
 
 (s. 524). 
 
 
 187 Time of Proceeding — Provisions of Jervis's Jets — Service of Summons on board Ship."] 
 By s. 525, art. 1, no conviction for any offence shall be made under this act in any summary 
 proceeding instituted in the United Kingdom, unless such proceeding is commenced within 
 six months after the commission of the offence; — or if both or either of the parties to such 
 proceeding happen during such time to be out of the United Kingdom, unless the same is 
 commenced witHin two months after they both first happen to arrive or be at one time 
 within the same." By s. 518, art. 3, " every ofience hereby made punishable by imprison- 
 ment for any period not exceeding six months, with or without hard labour,— Or by any 
 penalty not exceeding iBlOO, — shall * * • be prosecuted summarily before any two or 
 more justices, • * • in the manner directed by the 11 & 12 Vict. c. 43," the provisions 
 of which are to be applicable to prosecutions under this act. By s. 522, " service of any 
 summons or other matter in any legal proceeding under this act shall be good service, if 
 made personally on the person to be served, — or at his last place of abode,— or if made by 
 leaving such summons for him, on board any ship to which he may belong, with the person 
 being or appearing to be in command or chaige of such ship." 
 
 188 ff^liat Justices — Where Offence deemed to have been committed — Offences on board 
 Ship, at Sea or in Foreign Port.] Sect. 518, art. 3, provides, as stated in Note 187, that 
 prosecutions must take place " before any two or more justices." By s. 519, a stipendiary 
 
 Digitized by Microsoft® 
 
394 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences jvithin the 11 & 12 Vict. c. 43. 
 
 MERCHANT SHlPFmG— continued. 
 
 I. Offences by Masters of Ships — continued. 
 2. Breach of the rules with respect to the name of a British registered 
 ship. 
 
 ^Pleasure yachts may be exempted by Board of Trade, 18 ij' 19 
 Fict. u. 91, ». 13.] 
 
 3. Not delivering certificate of registry to registrar on change of owner 
 
 ship. 
 
 4. Neglecting to deliver up provisional certificate in case of loss of 
 
 original. 
 
 5. Detaining certificate of registry and refusing to deliver up same to 
 
 person entitled, without reasonable cause for such refusal. 
 
 [r/(e Master is entitled to its possession^ unless the owner wants it 
 for the purpose of navigation, Ackle u; Henry, 22 J. P. Q9.^ 
 
 5a. Not delivering up certificate of ship lost, or ceasing to be British. 
 
 6. Using improper certificate of registry. 
 
 17 & 18 Vict 
 0. 104, =. 34. 
 
 Id. s. 45. 
 Id. s. 49. 
 Id. s. 50. 
 
 Id. s. 53. 
 Id. s. 52. 
 
 magistrate is to have the same power as two justices. By s. 520, "for the purpose of 
 giving jurisdiction under this act, every offence [i. e. every oiFence created bv this act] shall 
 be deemed to have been committed, and every cause of complaint to have arisen, either in 
 the place in which the same actually was committed or arose, or in any place in which the 
 oifender or person complained against may be." By b. 621, " in all cases where any 
 district within which any court or justice of the peace or other magistrate has jurisdiction, 
 either under this act or any other act or at common law, for any purpose whatever, is 
 situate on the coast of any sea, or abutting on or projecting into any bay, channel, lake, 
 river or navigable water, — every such court, justice of the peace or magistrate shall have 
 jurisdiction over any ship or boat being on or lying or passing ofi' such coast, or being in 
 or near such bay, channel, lake, river or navigable water as aforesaid, and over all persons 
 on board such ship or boat, or for the time belonging thereto, in tlje same manner as 
 if such ship, boat or persons were witliin the limits of the original jurisdiction of such 
 court, justice or magistrate.'" By s. 232, the master is to permit a seamen or apprentice 
 to go on shore to make complaint, under a penalty (see Offence, No. 38). By s. 21 
 of "The Merchant Shipping Amendment Act, 1855" (18 & 19 Vict. c. 91), a British 
 subject, charged with any offence committed on board a British ship on the high seas or 
 in any foreign port or harbour, — or any person, not a British subject, charged with any 
 off'ence committed on board a British ship on the high seas,— and found within the juris- 
 diction of any court of justice in her majesty's dominions, may be there tried. It was 
 questionable, previous to the decision in the cases of Reg. v. Lopex and Ileg.\. Sattler, 27 
 L. J. (N. S.) M. C. 48 ; 22 J. P. 84, whether this enactment extends to offences punishable 
 summarily (so as to include, like the repealed act 7 & 8 Vict. c. 112, s. 44, an assault on 
 board by any other person than a seaman or apprentice upon any other person than a 
 master or mate, as that offence is provided for by s. 243, art. 6 (see Off'ence, No. 78), or to 
 crimes and offences punishable on indictment; but it appears from that decision to apply 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MERCHANT SHIPPING. 
 
 395 
 
 Time of laying 
 lulbrmatioD, 
 
 Number 
 and what 
 Justices to 
 
 Penalty, &c. 
 and 
 
 IfAp. 
 peal, and 
 
 &c. 
 
 Penalty, &c. 
 to wliom 
 
 Page, &c. 
 of ' 
 
 etc. 
 
 convict. 
 
 Mode of enforcing. 
 
 payable. 
 
 Formulist. 
 
 2 Within 
 
 Two 
 
 Not exc. £100 (s. ,34);— recovered 
 
 Yes 
 
 Her 
 
 
 6 months 
 
 or more 
 
 as Offence 1, supra. 
 
 (see 
 
 Majesty, 
 
 
 (s. 525, art. 1. 
 
 (3.518, 
 
 
 Note 
 
 after paying 
 
 
 see Note 187)- 
 
 art. 3, 
 see Note 
 
 188). 
 
 
 189). 
 
 portion to 
 person 
 
 wronged or 
 damaged 
 (s. 524). 
 
 
 3 Id. 
 
 Id. 
 
 The like (s. 45). 
 
 Id. 
 
 Id. 
 
 •• 
 
 4 Id. 
 
 Id. 
 
 Not exc. £50 (s. 49);— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 
 5 Id. 
 
 Id. 
 
 Not exc. £100 ;— if it appears cer- 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 (Warrant 
 
 
 tificate is lost, offender to be dis- 
 
 
 
 1—4, 
 
 gran table). 
 
 
 charged, and see ss. 48, 51 as to 
 grant of new certificate. 
 
 
 
 p. 170. 
 
 5a Id. 
 
 Id. 
 
 Not exceeding £100; — recovered 
 as Oifence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 6 Id. 
 
 Id. 
 
 Misdemeanor ; — or summarily by 
 fine not exc. £100; — or by impr. 
 not exc. 6 m., with or without 
 h. 1. (s. 518, art. 2). Fine reco- 
 vered as in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 
 only to crimes which are indictable, and is an extension of the common law to persons 
 committing crimes at sea who are not British subjects (they not being before supposed 
 to be amenable to punishment here) ; summary convictions being provided for sufficiently 
 by the 520th section, supra. Section 267, &o. of 17 & 18 Vict. c. 104, which provide 
 that offences committed by British seamen at foreign ports are to be within the Admiralty 
 jurisdiction, also relate to indictable offences. 
 
 189 Appeal.] By art. 4 of s. 518, — "in all cases of summary convictions in England, 
 where the sum adjudged to be paid exceeds £5,— or the period of imprisonment adjudged 
 exceeds one month,— any person who thinks himself aggrieved by such conviction may 
 appeal to the next court of general or quarter sessions which is holden not less than twelve 
 days after the day of such conviction for the county, &c. wherein the case has been tried, 
 — provided that such person shall give to the complainant a notice in writing of such 
 appeal, and of the cause and matter thereof, within three days after such conviction, and 
 seven clear days at the least before such sessions, — and shall also either remain in custody 
 until the sessions, or enter into a recognizance, with two sufficient sureties, before a justice 
 of the peace, conditioned personally to appear at the said sessions and to try such appeal, 
 and to abide the judgment of the court thereupon, and to pay such costs as shall be by the 
 court awarded ; — and upon such notice being given, and such recognizance being entered 
 into, the justice before whom the same shall be entered into shall liberate such person, if 
 in custody, and the court at such sessions shall hear and determine the matter of the 
 appeal, and shall make such order therein, with or without costs to either party, as to the 
 court shall seem meet ; — and in case of the dismissal of the appeal or the affirmance of the 
 conviction, shall order and adjudge the offender to be punished according to the conviction, 
 and to pay such costs as may be awarded, and shall, if necessary, issue process for enforcing 
 such judgment." 
 
 Digitized by Microsoft® 
 
396 
 
 Summary Convictions. 
 
 [PAHT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MERCHANT SHIPPING— comhnMerf. 
 
 I. Offences by Masters of Ships — continued. 
 7- Permitting to be carried papers, &c., with intent to conceal British 
 character of ship, or to assume a foreign character, — or making 
 false declaration ofqualification of owners (see also 18 & 19 Vict, 
 c. 91, s. 9). 
 
 8. Carrying improper colours on ships. 
 
 9. Foreign-going ship, or home trade passenger ship, proceeding to sea 
 without certificates of master and mates. 
 
 10. Not notifying the death or desertion of an apprentice, or cancellation, 
 
 &c., of indentures to registrar of seamen. 
 
 11. Not taking apprentice's indenture to shipping master before each 
 
 voyage in a foreign-going ship. 
 
 12. Making false statement in indorsement on agreement as to seaman's 
 
 discharge. 
 
 13. Shipping seamen without agreement duly executed. 
 li. Not reporting change of crew to shipping master, 
 
 15. Engaging and shipping seamen in foreign parts without sanction of 
 
 British Consul. 
 
 16. Failing to deliver agreements and certificates of masters and mates 
 
 of foreign-going ships to shipping master. 
 
 17. The like, home-trade ships. 
 
 18. Falsifying agreement of seamen, or assisting therein, or procuring 
 
 same to be done. 
 
 1 9. Not posting up legible copy of agreement at commen cement of voyage. 
 
 20. Discharging seamen irom foreign-going ships not in the presence of 
 
 shipping master. 
 
 21. Not delivering to seamen or shipping master an account of wages 
 
 earned before paying off or discharging seamen. 
 
 22. On discharge, not giving to seaman certificate of discharge,— or not 
 
 returning certificates of competency or service to mates. 
 
 23. Not producing ship's papers to, or not giving evidence before ship- 
 
 ping master. 
 
 24. Not making reports of character of persons discharged before ship- 
 
 ping master ; — or making false report of service, &c. 
 
 17 & 18 Vict. 
 
 c. lOl, s. 103, 
 
 art. 2, 4. 
 
 Id. s. 105. 
 
 Id. s. 136. 
 
 Id. s. 143. 
 
 Id. s. 145. 
 
 Id. s. 152. 
 
 Id. s. 157. 
 Id. s. 158. 
 Id. s. 160. 
 
 Id. ». 161. 
 
 Id. s. 162. 
 Id. s. 164. 
 
 Id. s. 166. 
 
 Id. o. 170. 
 
 Id. ». 171. 
 
 Id. =. 172. 
 
 Id. s. 174. 
 Id. ». 176. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MERCHANT SKIPPING. 
 
 397 
 
 Time of laying 
 InformatloD, 
 
 Number 
 and what 
 Justices to 
 
 
 
 convict. 
 
 7 
 
 Within 
 
 Two 
 
 
 6 months 
 
 or more 
 
 fs 
 
 525, art. 1, 
 
 (s. 518, 
 
 see 
 
 NotelS7). 
 
 art. 3, 
 and see 
 
 Note 
 
 188). 
 
 a 
 
 •' 
 
 •• 
 
 9 
 
 Id. 
 
 Id. 
 
 10 
 
 Id. 
 
 Id. 
 
 n 
 
 Id. 
 
 Id. 
 
 12 
 
 Id. 
 
 Id. 
 
 13 
 
 Id. 
 
 Id. 
 
 14 
 
 Id. 
 
 Id. 
 
 15 
 
 Id. 
 
 Id. 
 
 16 
 
 Id. 
 
 Id. 
 
 17 
 
 Id. 
 
 Id. 
 
 18 
 
 Id. 
 
 Id. 
 
 19 
 
 Id. 
 
 Id. 
 
 20 
 
 Id. 
 
 Id. 
 
 21 
 
 Id. 
 
 Id. 
 
 22 
 
 Id. 
 
 Id. 
 
 23 
 
 Id. 
 
 Id. 
 
 24. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 
 ana 
 
 Mode of enforcing. 
 
 Misdemeanor ; — or summarily by 
 fine not exceeding £100, — or by 
 imprisonoient not exceeding 6 
 months, with or without hard 
 labour (s. 518, art. 2). Fine re 
 covered as in Offence 1, supra. 
 
 Not exc. £500 — [not recoverable 
 before justices, see s. 518, art. 3] 
 
 Not exc. £50 (s. 136) j — recovered 
 as Offence 1, supra. 
 
 Not exc. £10 (s. 143); — ^recovered 
 as Offence 1, supra. 
 
 Not exc. £5 (s. 145); — recovered 
 as Offence 1, supra. 
 
 Not exc. £20 (s. 152); — recovered 
 as Offence 1, supra. 
 
 Not exc. £5 (s. 157) ; — recovered 
 as Offence 1, supra. 
 
 The lilce (s. 158). 
 
 Not exc. £20 (s. 160); 
 as Offence 1, supra. 
 
 -recovered 
 
 If Ap- 
 peal, and 
 Time, 
 Sic. 
 
 Not exc. £5 (s. 161);— recovered 
 as Offence, I, supra. 
 
 The like (s. 162). 
 
 Misdemeanor (s. 164) ; — or sum- 
 marily, as in Offence 7, supra. 
 
 Not exc. £5 (s. 166); 
 as Offence 1, supra. 
 
 -recovered 
 
 Not exc. £10 (s. 170); — recovered 
 as Offence 1, supra. 
 
 Not exc. £5 (s. 171) ;— recovered 
 as Offence 1, supra. 
 
 Not exc. £10 as to seamen's cer- 
 tificate, and not exc. £20 as to 
 mate's certificate (s. 172); — re- 
 covered as Offence 1, supra. 
 
 Not exc. £5 (s. 174); — ^recovered 
 as Offence 1, supra. 
 
 Misdemeanor (s. 176) ;— or sumraa- 
 rily, as in Offence 7, supra. 
 
 Yes 
 
 (see 
 Note 
 
 189). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Penalty, ice. 
 to uhom 
 payable. 
 
 H. M. after 
 
 paying 
 portion to 
 
 person 
 
 wronged or 
 
 damaged 
 
 (s. 524). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Digitized by Microsoft® 
 
398 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MERCHANT SHIFPl^ G— continued. 
 
 I. Offences by Masters of Ships — continued. 
 25. Not taking charge of, remitting or accounting for deceased seaman' 
 monies and effects. 
 
 26. Forcing seaman or apprentice on shore, or leaving them behind be- 
 
 fore completion of voyage. 
 
 27. Discharging or leaving seaman or apprentice abroad without certifi- 
 
 cate of some functionary. 
 
 28. Not delivering account of wages of seamen left behind on ground of 
 
 inability to a consular officer, 
 or 
 
 29. Delivering a false account. 
 
 30. Not taking distressed seamen or apprentice on board. 
 
 31. Causing stipulation of forfeiture, &c. in case seaman enters into the 
 
 naval service, to be inserted in agreement. 
 
 32. Not delivering up effects of seaman or paying his wages on his 
 
 volunteering into naval service. 
 
 33. Not providing good provisions and water. 
 
 34. The like, medicines, lime or lemon juice, sugar and vinegar. 
 
 [7/" the offence is owing to the default of the oumer^ the master may 
 recover the penalty from him.'] 
 
 35. Not keeping weights and measures on board. 
 
 36. Ship proceeding to sea without the production of certificate of in 
 
 spector that ship is properly provided with medicines, provisions, 
 &c. &c. 
 
 37. Not providing proper space for seamen and apprentices. 
 
 38. Not allowing seaman to go ashore to make complaint to a justice. 
 
 39. Misconduct, breach of duty, &c. &c. endangering the ship, or life or 
 
 limb. 
 
 40. Not delivering up cancelled or suspended certificate of competency 
 or service to Board of Trade. 
 
 17 8c 18 Vict, 
 c. 104, 5. 196. 
 
 Id. 
 
 =. 206. 
 
 Id. 
 
 ». 207. 
 
 Id. 
 
 s. 209. 
 
 
 Id. 
 
 Id. 
 
 =. 212. 
 
 Id. 
 
 S.214. 
 
 Id. 
 
 s. 215. 
 
 Id. 
 
 s. 221. 
 
 Id. 
 
 s. 224. 
 
 Id. =. 225. 
 Id. s. 226. 
 
 Id. s. 231. 
 
 Id. s. 232. 
 Id. s. 239. 
 Id. s. 242. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MERCHANT SHIPPING. 
 
 399 
 
 Timeoflaying 
 
 Information, 
 
 Sic. 
 
 Number 
 and what 
 Jiistii-eR to 
 
 convict. 
 
 Penalty, te. 
 
 and 
 
 Mode of enforcing. 
 
 IfAp- 
 peai, and 
 Time, 
 
 Penalty, &c 
 to wfiom 
 payable. 
 
 Page, &c. 
 
 of 
 Formulist. 
 
 25 Within 
 6 months 
 
 (s. .WS, art. 1, 
 seeiVo<el87)- 
 
 26 Id. 
 
 Two or 
 more 
 
 (s. 518, 
 art. 3, 
 
 and see 
 Note 
 
 188). 
 
 Id. 
 
 Not exc. treble the value of money 
 or effects not accounted for ; — or 
 if value not ascertained, not exc. 
 £50 (s. 196);— recovered as Of- 
 fence 1, supra. 
 
 Misdemeanor (s. 206);— or summa- 
 rily, as in Offence 7, supra. 
 
 Yes 
 
 (see 
 Note 
 
 189). 
 
 Id. 
 
 H.M., 
 
 after paying 
 portion to 
 
 person 
 
 wronged or 
 
 damaged 
 
 (s. 524). 
 
 Id. 
 
 
 27 Id. 
 
 Id. 
 
 The like (s. 207). 
 
 Id. 
 
 Id. 
 
 •■ 
 
 28 Id. 
 
 Id. 
 
 Not exc. £10 (s. 209) ; — recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •- 
 
 29 Id. 
 
 Id. 
 
 Not exc. £20 (s. 209) ; — ^recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 30 Id. 
 
 Id. 
 
 Not «xc. £100 for each seaman, 
 &c. (s. 212);— recovered as Of- 
 fence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 31 Id. 
 
 Id. 
 
 Not exc. £20 (s. 214) ; — ^recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 
 32 Id. 
 
 Id. 
 
 The like (s. 215). 
 
 Id. 
 
 Id. 
 
 •• 
 
 33 Id. 
 
 Id. 
 
 The like (s. 221). 
 
 Id. 
 
 Id. 
 
 .. 
 
 34 Id. 
 
 Id. 
 
 Not exc. £20;— and for not serv- 
 ing these articles out, not exc. 
 £5 (s. 224) ;— recovered as Of- 
 fence 1, supra. 
 
 Id. 
 
 Id. 
 
 • ' 
 
 35 Id. 
 
 Id. 
 
 Not exc. £10 (s. 225) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 36 Id. 
 
 Id. 
 
 Not exc. £20 (s. 236) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •■ 
 
 37 Id. 
 
 Id. 
 
 Not- exc. £20 ;— or not keeping 
 space clear, notexc. £10(s.231) ; 
 — ^recovered as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 ••' 
 
 38 Id. 
 
 Id. 
 
 Not exc. £10 (s. 232) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 39 Id. 
 
 Id. 
 
 Misdemeanor ;— or summarily, as in 
 Offence 7, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 40 Id. 
 
 Id. 
 
 Not exc. £50 (s. 242) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •■ 
 
 Digitized by Microsoft® 
 
400 
 
 Summary Convictions. 
 
 [part r. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MERCHANT SHIPPING— conWraed. 
 
 I. Offences by Masters of Ships — continued. 
 41. Apprehending seamen or apprentice for desertion, &c. on insufficient 
 grounds. 
 
 \_The section authorizes the apprehension without warrant of seamen 
 or apprentices who desert or absent themselves without leave."] 
 
 42. Not paying fines deducted from seamen's wages to shipping master. 
 
 43. On change of master not delivering documents of ship to his suc- 
 
 cessor. 
 
 43a. Master not receiving, &c. offenders on hoard to be taken to 
 England, &c. 
 
 44. Not delivering lists of crew, deaths, injuries, &o. of foreign going 
 
 vessels to shipping master on arrival in the United Kingdom. 
 
 45. The like, of home trade ships half-yearly. 
 
 46. The like, in case of transfer of ship or loss of ship. 
 
 47. Not depositing agreements, indentures and assignments on arrival at 
 
 a foreign port with the consul, and at a colony with the officers of 
 customs. 
 
 48. Not keeping official log books in the manner required, 
 
 or 
 
 49. Making entry of occurrence before arrival, after the arrival of ship. 
 
 50. Destroying, mutilating, &o. any entry in official logs, — or making a 
 
 false entry therein. 
 
 51. Not delivering official logs to shipping master on arrival at destina- 
 
 tion. 
 
 52. Not transmitting official logs home in case of transfer or loss of ship. 
 
 53. Neglecting to provide boats and life-buoys. 
 
 54. Not obeying regulations as to lights and fog signals. 
 
 55. Steamship plying or going to sea without being equipped as required. 
 
 17 & 18 Vict 
 c. 104, s. 246. 
 
 Id. ». 256. 
 
 Id. s. 259. 
 
 Id. s. 268. 
 
 Id. ». 274. 
 
 Id. s. 275. 
 Id. s. 276. 
 
 Id. s. 279. 
 
 Id. s. 284, art. 1. 
 Id. art 2. 
 Id. art. 3. 
 Id. s. 286. 
 Id. s. 287. 
 Id. s. 293. 
 Id. s. 295. 
 Id. s. 301. 
 
 Digitized by Microsoft® 
 
CHAP. 11.] 
 
 MERCHANT SHIPPING. 
 
 401 
 
 Time of laylngr 
 
 Inrormatlob, 
 
 &c. 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Penally. &c. 
 
 ancl 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Stc. 
 
 Penally, kc. 
 to whom 
 payable. 
 
 Pa,e,^ie. 
 FormullBt. 
 
 41 
 
 (s. 
 see 
 
 "Within 
 S months 
 525, art. 1, 
 Note 187)- 
 
 Two 
 or more 
 (s. 518, 
 art. 3, 
 and see 
 
 NoU 
 
 188). 
 
 Not exceeding £20 (s. 246) {—reco- 
 vered as Offence 1, supra. 
 [The payment of the penally will 
 be a bar to any action for false 
 imprisonment in respect of the 
 apprehension.^ 
 
 Yes 
 (see 
 Note 
 
 189). 
 
 Her 
 
 Majesty, 
 after paying 
 
 portion to 
 
 person 
 
 wronged or 
 
 damaged 
 
 (s. 524). 
 
 •• 
 
 42 
 
 Id. 
 
 Id. 
 
 Six times the amount of the fine 
 retained (s. 256) ; — recovered as 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 43 
 
 Id. 
 
 Id. 
 
 Not exc. £100 (s. 259) ; — recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 43a 
 
 Id. 
 
 Id. 
 
 Not exc. £20 (s. 268) j — ^recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 44 
 
 Id. 
 
 Id. 
 
 Not exc. £5 (s. 274);— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •- 
 
 45 
 
 Id. 
 
 Id. 
 
 The like (s. 275). 
 
 Id. 
 
 Id. 
 
 •• 
 
 46 
 
 Id. 
 
 Id. 
 
 Not exc. £10 (s. 276) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 47 
 
 Id. 
 
 Id. 
 
 Not exc. £20 (s. 279) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 48 
 
 Id. 
 
 Id. 
 
 Not exc. £5 (s. 284, art. 1) ;— re- 
 covered as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 • ■ 
 
 49 
 
 Id. 
 
 Id. 
 
 Not exc. £30 (s. 284, art 2)— re- 
 covered as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 50 
 
 Id. 
 
 Id. 
 
 Misdemeanor (s. 284, art. 3); — or 
 summarily, as in Offence 7, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 51 
 
 Id. 
 
 Id. 
 
 Not exc. £5 (s. 286) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 52 
 
 Id. 
 
 Id. 
 
 Not exc. £10 (s. 287) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •■ 
 
 53 
 
 Id. 
 
 Id. 
 
 Not exc. £50 (s. 293) ; — recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 54 
 
 Id. 
 
 Id. 
 
 Not exc. £20 (s. 295) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 55 
 
 Id. 
 
 Id. 
 
 Not exc. £50 (s. 301) 5— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 
 o.s. 
 
 D D 
 
 Digitized by Microsoft® 
 
402 
 
 Sum/mary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MERCHANT 'i.YilYVY&G:- continued. 
 
 I. Offences by Masters of Ships — continued, 
 56. Placing undue weight on safety valve of steam-ship. 
 
 67. Hindering inspector appointed to survey machinery, &e. of steam- 
 ship. 
 
 58. Not complying with requirement of Board of Trade for delivery up 
 
 of cancelled certificate of number of passengers steamer is to 
 carry. 
 
 59. Not putting up in ship copy of certificate of Board of Trade. 
 
 60. Plying or going to sea without such certificate heing put up. 
 
 61. Carrying passengers in excess of number specified in certificate. 
 
 [And see ss. 14 and 101 of " The Passengers Act, 1855," 18 & 19 
 Vict. c. 119 (Ofiences Nos. 4 and 38 of title " Ships' Passengers," 
 post), as to colonial ships.] 
 
 62. Not giving to surveyor information as to build, &c. of steam ships. 
 
 63. Not reporting accident to steam ship to Board of Trade. 
 
 64. Not entering collision and the circumstances thereof in ofiicial log. 
 
 65. Carrying dangerous goods on board. 
 
 66. Ship displaying a pilot flag when no pilot on board. 
 
 67. Piloting an exempted ship without certificate, or employing an un- 
 qualified pilot. 
 
 See also s. 376 for additional penalty for employing an unlicenspd 
 pilot, or acting as pilot {Note 189 a)- 
 
 17 & 18 Vict, 
 c. 104, s. 302. 
 
 Id. 
 
 s. 
 
 306. 
 
 Id. 
 
 s. 
 
 315. 
 
 Id. 
 
 s. 
 
 317. 
 
 Id. 
 
 s 
 
 318. 
 
 Id 
 
 s 
 
 319. 
 
 Id. s. 321. 
 Id. s. 326. 
 Id. s. 328. 
 Id. s. 329. 
 Id. s. 348. 
 Id. 8. 353. 
 
 189 a Exemptions from compulsory Pilotagf.^ Sect 353 provides, that subject to any 
 alteration to be made by the pilotage authority, the employment of pilots Shall continue to 
 be compulsory in all districts in which the same was by law compulsory immediately before 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MERCHANT SHIPPING. 
 
 403 
 
 Time of laying 
 iDformalion, 
 
 Number 
 and uhat 
 Justices to 
 
 convict. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 iiC 
 
 Penalty, &c. 
 to Whom 
 payable. 
 
 Page, &c. 
 
 of 
 Formniist. 
 
 56 Within 
 6 months 
 (s. 525, art. 1, 
 see Note 187). 
 
 Two 
 or more 
 (s. 518, 
 
 art. 3, 
 and see 
 
 Note 
 
 188)- 
 
 Not exo. £100 (s. 302)'i— recovered 
 as Offence 1, supra. 
 
 Yes 
 (see 
 Note 
 
 189)- 
 
 Her Ma- 
 jesty, after 
 
 paying 
 portion to 
 
 person 
 
 wronged or 
 
 damaged 
 
 (s. 524). 
 
 • • 
 
 57 Id. 
 
 Id. 
 
 Not exc. £5 (s. 306) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 58 Id. 
 
 Id. 
 
 Not exc. £10 (s. 315);— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 59 Id. 
 
 Id. 
 
 Not exc. £10 (s. 317); — recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. ' 
 
 •• 
 
 60 Id. 
 
 Id. 
 
 Not exc. j620 (s. 318); — ^recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 61 Id. 
 
 Id. 
 
 Not exc. £20, and not exc. 5s. for 
 every passenger above the num- 
 ber allowed ; — or if the fare of 
 any passenger exceeds bs. then 
 not exc. double the amount of 
 the fares of all the passengers in 
 excess (s. 319) ;— recovered as 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 6,7, 
 
 p. 171. 
 
 62 Id. 
 
 Id. 
 
 Not exc. £5 (s. 321); — recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 63 Id. 
 
 Id. 
 
 Not exc. £50 (s. 326) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. . 
 
 •■ 
 
 64 Id. 
 
 Id. 
 
 Not exc. £20 (s. 328) ;— recovered 
 as Offence 1, swpra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 65 Id. 
 
 Id. 
 
 Not exc. £100 (s. 329) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 ■ • 
 
 66 Id. 
 
 Id. 
 
 Not exc. £50 (s. 348) ; — recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 67 Id. 
 
 Id. 
 
 Double the amount of pilotage de- 
 mandable (s. 353) ; — ^recovered as 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 No. 8, 
 p. 171. 
 
 the time when this act comes into operation ; and all exemptions from compulsory 
 pilotage then existing within such districts shall also continue in force. By s. 376, — 
 " subject to any alteratione to -be made by tlie Trinity House, and to t;he exemptions 
 
 Digitized By microsoft® 
 
404 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MERCHANT SHIPPING— cojiiinaed. 
 
 I. Offences by Masters of Ships- 
 
 -continued. 
 
 68. Employing unqualified pilot in home- trade ships carrying passengers 
 (see the section and sect. 355). 
 
 Offering or paying pilot any other rate than the legal rate. 
 
 70. Making a false declaration to a pilot as to draught of ship. 
 
 [TAe falsifying marks on the stern or stem of a ship renders the 
 offender liable to a penalty not exceeding J^500, not recoverable 
 before justices.'^ 
 
 71. Not delivering certificate of competency or service to justices on 
 
 investigation into a wreck. 
 
 72. Leaving seamen [natives of Africa, Asia, or any of the islands in 
 
 the South Sea or the Pacific Ocean, or of any other country not 
 having any consul in the United Kingdom], in distress in this 
 country, and who become chargeable to poor rate within 6 months, 
 or commit an act of vagrancy (see the section and Note 190). 
 \_yide also Offences Nos. 1 to 40, in title " Ships' Passengers," and 
 
 Offences Nos. 1 to 24, in title "Customs," post. Chap. 3 of this 
 
 Part.] 
 
 II. Offences by Seamen {Note 191). 
 
 73. Seaman or apprentice deserting. 
 
 [ Fide opinion of law officers of the Crown in Note 192> ?<«') P- 406.] 
 
 17 & 18 Vict 
 c. 104, s. 354. 
 
 Id. s. 358. 
 
 Id. s. 359. 
 
 Id. 5. 438. 
 
 17 & 18 Vict. 
 u. 120, s. 16. 
 
 17 & 18 Vict. 
 
 c. 104, s. 243, 
 
 art. 1. 
 
 hereinafter contained, the pilotage districts of the Trinity House, within which the 
 employment of pilots is compulsory are the London district and the Trinity House out- 
 port districts." Sect. 379 provides, that certain ships when not carrying passengers shall 
 be exempted from compulsory pilotage in any district. In a recent case, Reg. v. Stanton, 
 21 J. P. 803, it was decided that s. 376 creates no new exemptions, and that s. 353 adds 
 other exemptions to s. 379, and that? both sections stand together. The Trinity 
 House has made certain bye-laws under the powers of the 332nd section on the subject 
 of pilotage, which have been approved by her majesty in council, and published in the 
 London Gazette, viz. — in November, 1855, exempting ships from compulsory pilotage 
 which arrive from foreign parts at ports or places within the United Kingdom for 
 the purpose of taking on board cargo for delivery within the United Kingdom. In 
 July, 1857, exempting the ships mentioned in the o79th section when carrying as well as 
 when not carrying passengers. In July, 1857, extending the exemption to masters and 
 mates of vessels allowed by the 340th section, so as to enable them to pilot other ships 
 belonging to the same owners." 
 
 190 Lascars.'] By s. 22 of the Merchant Shipping Amendment Act, 18 & 19 Vict, 
 c. 91, It IS the duty of the East India Company to provide for all destitute Lascars or 
 other natives of their territories ; and if any are relieved by guardians, overseers, &c. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MERCHANT SHIPPING. 
 
 405 
 
 Time of laying 
 
 Iiiformatlot^ 
 
 Sec, 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Penalty, &c. 
 
 anil 
 
 Mode of enforcing. 
 
 If Ap. 
 
 peal, and 
 
 Time, 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Page, &c. 
 
 of 
 Forraulint. 
 
 68 Within 6 
 months 
 (s. 525, art. 1, 
 see Note 187 J. 
 
 Two 
 or more 
 (s. 518, 
 art. 3, 
 and see 
 
 Note 
 
 188). 
 
 Not exc. £100 (s. 354) (—recovered 
 as Offence 1, supra. 
 
 Yes 
 (see 
 Note 
 
 189). 
 
 Her ma- 
 jesty, after 
 
 paying, 
 portion to 
 
 person 
 
 wronged or 
 
 damaged 
 
 (s. 524). 
 
 ■• 
 
 69 Id. 
 
 Id. 
 
 Not exc. £W (s. 358) ;— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 70 Id. 
 
 Id. 
 
 Double the amount of pilotage 
 which would have been payable 
 to the pilot (s. 359) ; — recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 
 71 Id. 
 
 Id. 
 
 Not exc. £50 (s. 438);— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 72 Id. 
 
 Id. 
 
 Not exc. £30, unless seaman quitted 
 ship without permission, or means 
 afforded of sending him home (s. 
 16); — recovered as Offence 1, 
 supra. 
 
 Id. 
 
 Id. (or ap- 
 plied to 
 
 expense of 
 sending 
 seaman 
 home). 
 
 
 73 Id. 
 
 Id. 
 
 Impr. for not exc. 12 weeks, with or 
 withouth. 1. — andto forfeit effects 
 on board and all or part of wages. 
 
 Id. 
 
 •• 
 
 No. 9, 
 p. 172. 
 
 notice is to be sent by post to the secretary of the East India Company, specifying the 
 name of the person relieved, the presidency, &c. of which he is a native, the name of the 
 ship in which he was brought to the United Kingdom, and the port or place abroad from 
 which the ship sailed and at which the ship arrived, and the time of arrival ; — and the 
 company is to repay the overseers, &c. the monies expended in relief after the time the 
 notice is sent. The act 4 Geo. 4, c. SO, ss. 25—34, is still in force (see s. 24 of Merchant 
 Shipping Amendment Act, 18 & 19 Vict. c. 91). By s. 27, masters of vessels trading lo 
 the East Indies are to make out a list of every Lascar, Asiatic sailor, &c. on board before 
 ship admitted to entry. Sect. 28 imposes a penalty for breach of the regulations, &c. made 
 by the Governor of Fort William in Bengal relative to Lascars ; ss. 29, 30, 32, relate to the 
 conviction and recovery of the penalty. By s. 31, Lascars, &c. convicted of acts of vagrancy 
 are to be shipped on board of vessel bound to place from whence brought ; and, by s. 34, 
 the East India Company is to supply all necessaries for distressed Lascars, &c. brought to 
 this country, and may recover expense from owners of ship. 
 
 191 Miscellaneous Provisions.] By s. 214, seamen may leave their ships to enter into 
 her Majesty's naval service without being deemed deserters. By s. 244, an entry of 
 offences is to be made in the official log, and to be read over or a copy given to the 
 offender, and his reply, if any, to be also entered. By s. 246, master or owner may appre- 
 
 Digitized by Microsoft® 
 
406 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MERCHANT SHIPPING— conKnMerf. 
 
 II. Offences by Seamen- 
 
 -coniinued. 
 
 74. Neglecting or. refusing, without reasonable cause, to join his ship, — 
 
 or to proceed to sea in his ship, — or absenting without leave at 
 any time within 24 hours of the ship's sailing from any port either 
 at the commencement or during voyage, — or absenting at any 
 time without leave and without sufficient cause from his ship or 
 from his duty, not amounting to desertion or not treated as such 
 . by the master. 
 
 75. Quitting the ship without leave after her arrival at her port of 
 
 delivery, and before she is placed in security. 
 
 76. Wilful disobedience to any lawful command. 
 
 77. Continued wilful disobedience to lawful commands, — or continued 
 wilful neglect of duty. 
 
 78. Assaulting any master or mate. 
 
 79. Combining with any other or others of the crew to disobey lawful 
 
 commands, — or to neglect duty, — or to. impede the navigation of 
 the ship, — or the progress of the ship. 
 
 80. Wilfully damaging the ship, — or embezzling — or wilfully damaging 
 
 any of her stores or cargo. 
 
 17 & 18 Vict. 
 
 c. 104, s. 243, 
 
 art. 2. 
 
 Id. art. 3. 
 Id. art. 4. 
 
 Id. art. 5. 
 
 Id. art. 6. 
 Id. art. 7. 
 
 Id. art. 8. 
 
 hend deserters without warrant. By s. 247, deserter may be sent by justices on board 
 instead of being imprisoned, and the costs of the proceedings deducted from his wages ; and 
 by s. 248, a justice may order a seaman imprisoned for desertion to be sent abroad before 
 termination of sentence. By s. 249, entries of desertion abroad, on the oificial log, and 
 certificates thereof, to be copied and sent home and admitted in evidence. By s. 256, fines 
 imposed on seamen are to be deducted from their wages by the master or owner, and paid 
 to shipping master. As to the engagement and binding of apprentices, see ss. 141^145. 
 As to agreements with seamen, see ss. 149 — 167. Natives of India may be engaged as 
 seamen and bound to serve, and in consequence liable to punishment on desertion (see 
 s. 544). 
 
 192 When Seamen justified in refusing to go to Sea in Unseaworthy Sltip.'\ By an opinion 
 obtained in December, IS'SS, from the law oflScers of the Crown (Sir J. D. Harding, the 
 Queen's Advocate-General, and the Attorney and Solicitor-General, Sir A. E. Cockburn and 
 Sir R. Bethell), it is said :— 1. That there is an implied condition on the part of the ship- 
 owner that the ship shall be seaworthy : 2. That if the ship is not seaworthy, and the seaman 
 
 Digitized by Microsoft® 
 
CHAP. II,] 
 
 MERCHANT SHIPPING. 
 
 407 
 
 Time of laying 
 loformation, 
 
 Nlumber 
 and what 
 Justices to 
 
 convict. 
 
 Penally. 4e. 
 
 ir Ap- 
 peal, and 
 Time 
 
 Penalty, &c 
 to whom 
 
 Page.&c 
 
 &c.. 
 
 Mode of enforcing. 
 
 &c.' 
 
 payable. 
 
 Formullst. 
 
 71 Within 
 
 Two 
 
 Impr. for not exo. 10 weeks, with 
 
 Yes 
 
 
 No. 10, 
 
 6 months 
 
 or more 
 
 or without h. 1., — and also, at jus- 
 
 (see 
 
 
 p. 172. 
 
 (s. 525, art. 1, 
 
 (s. 518, 
 
 tices' discretion, to forfeit out of 
 
 Note 
 
 
 
 see Note 187)- 
 
 art. 3, 
 
 and see 
 
 Note 
 
 188). 
 
 his wages not exc. 2 days' pay, 
 and for every twenty-four hours 
 of absence either a sum not exc. 
 6 days' pay, or any expenses in- 
 curred in hiring a substitute. 
 
 189). 
 
 
 
 75 Id. 
 
 Id. 
 
 To forfeit out of his wages not exc. 
 1 month's pay. 
 
 Id. 
 
 •• 
 
 •• 
 
 76 Id. 
 
 Id. 
 
 Impr. for not exc. 4 weeks, with or 
 without h. 1., — and also, at jus- 
 tices' discretion, to forfeit out of 
 bis wages not exc. 2 days' pay. 
 
 Id. 
 
 " 
 
 ■ 
 
 77 Id. 
 
 Id. 
 
 Impr. for not exo. 12 weeks, with 
 or without h. 1., — and also, at 
 justices' discretion, to forfeit for 
 every 24 hours' continuance of 
 such disobedience or neglect, 
 either a sum not exc. 6 days' 
 pay, or any expenses incurred 
 in hiring a substitute. 
 
 Id. 
 
 
 
 78 Id. 
 
 Id. 
 
 Impr. not exceeding 12 weeks, with 
 or without hard labour. 
 
 Id. 
 
 •• 
 
 •• 
 
 79 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 •• 
 
 •• 
 
 80 Id. 
 
 Id. 
 
 Forfeit out of his' wages amount of 
 loss sustained, — and also, at jus- 
 
 : tices' discretion, impr. for not 
 exc. 12 weeks, with or without 
 bard labour. 
 
 Id. 
 
 • i 
 
 •• 
 
 refuses to go to sea in her on that ground, he cannot be treated as a deserter or punished ; 
 but the burden of proof will lie on the seaman to establish the unseaworthiness of the 
 vessel: 3. If the seaman apprehended for desertion alleges the unseaworthiness of the' 
 ship in his defence, it will be the duty of the court which hears the case to examine into 
 the question as it would do on any other disputed question of fact that might arise before 
 it, and it must dispose of the question on such evidence as may be laid before it, bearing 
 in mind that the burden of proof is on the seaman : 4. That the seaman, if justified in 
 refusing to go to sea in the ship, on the ground of her unseaworthiness, may maintain an 
 action to recover his effects if detained: 5. On the authority oi Priestly \. Fowler (3 M. 
 & W. 1), a seaman proceeding to sea in an unseaworthy ship, and sustammg injury m 
 consequence, could not maintain an action, and would be without remedy against the 
 owner ; and 6. That there is an implied condition on the part of the owner that the ship 
 shall be manned by a crew sufficient to navigate her with reasonable safety, and that if 
 she be not so manned, the consequences will be the same as though the ship were 
 unseaworthy. 
 
 Digitized by Microsoft® 
 
408 
 
 Summary Convictions. 
 
 [PAKT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MERCHANT SmVVl^G— continued. 
 
 II. Offences by Seamen — continued. 
 
 81. Any act of smuggling of which he is convicted, and whereby loss or 
 
 damage is occasioned to the master or owner. 
 
 [Vide the following numbers under " Offences by Masters of Ships,' 
 applicable to seamen also, viz. — 1, 9, 23, 39, 40, 41, 48, 56, 57 
 also No. 99, post. As to deserters from foreign ships, see title 
 " Seamen," post; and as to making false representations in order 
 to obtain deposits or interest in a seamen's savings bank, see 
 19 & 20 Vict. c. 41, B. 6.] 
 
 82. On or before teing engaged wilfully and fraudulently making a false 
 
 statement of the name of his last ship, or last alleged ship, — or 
 wilfully and fraudulently making a false statement of his own 
 
 III. OFFENdES BY OwNERS OF ShiPS. 
 
 83. Not having on board a foreign going ship a qualified medical prac- 
 titioner. 
 
 [Not to affect the provisions of " Passengers Act, 1852 ;" see now 
 the Passengers Act of 1855 (18 & 19 Vict. c. 119), title " Ships' 
 
 84. Iron steamers going to sea without a certificate of customs' officers of 
 
 ship being fitted up and divided as required. 
 
 85. Not transmitting declarations of shipwright, surveyor and engineer 
 
 of passenger steamers to Board of Trade. 
 
 86. Not giving notice to Board of Trade of apprehended loss of steam ship. 
 [Vide the following Numbers under " Offences by Masters of Ships," 
 applicable to owners also, the penalties however on the latter being 
 in some cases increased in amount, viz. 1, 2, 5a, 7, 17, 20, 23, 24, 
 26, 30, 31, 34, 36, 41, 42, 45, 46, 51, 52, 53, 54, 55, 58, 59, 60, 61, 
 62, 63 and 66,— also 99, post.} 
 
 IV. Offences by Pilots and other Officials. 
 
 87. Pilots.'] Pilot boats not possessing the proper characteristics,- 
 flag distinct, and names and numbers not concealed. 
 
 -the 
 
 17 & 18 Vict. 
 
 C-. 104, s. 243, 
 
 art. 9. 
 
 Id. s. 255. 
 
 88. Qualified pilot not displaying flag when in a boat or ship not in the 
 
 pilotage service. 
 
 89. Not producing copy of rates, bye laws and regulations to master or 
 
 other persons employing him, when required. 
 
 Id. s. 230. 
 
 Id. s. 300. 
 Id. ss. 310, 311. 
 
 Id. ». 327. 
 
 Id. s. 346. 
 
 Id. B. 347. 
 Id. s. 350. 
 
 Digitized by Microsoft® 
 
CHAP. II. J 
 
 MERCHANT SHIPPING. 
 
 409 
 
 Time of laying 
 Information. 
 
 81 
 
 Within 
 6 months 
 (s. 525, art. I, 
 see Note ISl) 
 
 82 
 
 Id. 
 
 Number 
 and wliat 
 Justices to 
 
 convict. 
 
 Two 
 or more 
 (s. 518). 
 
 art 3, 
 and see 
 
 (Note 
 
 188)- 
 
 Id. 
 
 83 
 
 Id. 
 
 84 Id. 
 
 85 Id. 
 
 86 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 87 Id. 
 
 88 Id. 
 
 89 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, Sec 
 
 and 
 
 Mode of enfordnEf. 
 
 To pay loss sustained, and wages 
 retained for it. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Not exc. £5, which may he de 
 ducted from the wages he may 
 earn by virtue of engagement. 
 
 Not exceeding iSlOO for every voy- 
 age of ship without such prac- 
 titioner (s. 230) ; — recovered as 
 Offence 1, supra. 
 
 The like (s. 300). 
 
 Not exc. 10s. for every day the 
 sending of such declarations is 
 delayed; — to be paid with the 
 fees for certificate of number of 
 passengersauthorized to carry ,&c, 
 
 Not exceeding £50 (s. 327);— re- 
 covered as Offence 1, supra. 
 
 Yes 
 fsee 
 Note 
 
 189). 
 
 Id. 
 
 Not exceeding £20 for each default 
 (s. 346); — recovered by distress 
 (11 & 12 Vict, c 43, s. 19, ante, 
 p. 175); — in default, impr. for 
 not exc. 3 cal. m. unless sooner 
 paid (Id. s. 22 ; see ante, p. 179). 
 
 Not exc. £50 (s. 347) ;- 
 as Offence 87, supra. 
 
 -recovered 
 
 Not exc. £5 (s. 350) ;— recovered 
 as Offence 87, supra. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty) &c, 
 to whom 
 payable. 
 
 Her 
 
 Majesty, 
 
 after paying 
 
 portion to 
 
 person 
 
 wronged or 
 
 damaged 
 
 (s. 524). 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Page, &c. 
 
 of 
 FormuliBt. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Digitized by Microsoft® 
 
410 
 
 Summary Convictions, 
 
 [part I. 
 
 Offences mithin the 11 & 12 Vict. c. 43. 
 
 MERCHANT STUFFING -continued. 
 
 IV. Offences by Pilots and other Officials — continued. 
 90. Refusing to produce licence to employer on request. 
 
 91. Not pnoducing or delivering up licence when required by autibority 
 
 appointing him, — or on death. 
 
 [The power to require the licence is unconditional. See Reg. v. 
 
 Henry, 22 J. P. 68 ; Henri/ v. Trinity House of Newcastle, 27 L. J. 
 
 (N. S.), M. C. 57.] 
 
 92. Demanding or receiving improper rate for pilotage services, whether 
 
 greater or less. 
 
 93. Keeping public-house, &c. — committing fraud against revenue,— 
 
 concerned in corrupt practices relating to ships, &c. 
 or 
 
 94. Lending licence, — acting whilst suspended or when drunk,; — em- 
 
 ploying more boats, &c. than necessary, — refusing to take charge 
 of ship or to take her into port, — unnecessarily slipping cables, — 
 or quitting ship without consent of master; — or a qualified pilot 
 aiding, &c. offender. 
 
 95. By wilful breach of duty, or by neglect of duty, or by reason of 
 drunkenness, doing any act tending to the immediate loss, de- 
 struction or serious damage of ship, or the life or limb of any 
 person on board ; — or, thereby omitting or refusing to do anything 
 for their preservation. 
 
 96. By wilful misrepresentation of circutflstances Upon which the safety 
 of a ship may depend, obtaining charge of a ship. 
 
 97. Shipping Masters.'] Shipping master, his deputy, clerk or servant. 
 
 demanding or receiving improper fees for supplying seamen for 
 merchant ship. 
 
 98. Surveyor.] Taking unauthorized fees for survey of passenger 
 
 steamer. 
 
 V. Offences by other PeHsOns. 
 
 99. Fraudulently altering any form issued by the Board of Trade. 
 
 117 & 18 Vict, 
 c. 104, s. 351. 
 
 Id. s. 3'52. 
 
 Id. s. 358. 
 
 Id. s. ms. 
 
 Id. 
 
 Id. s. 367. 
 
 Id. B. 127. 
 
 Id. s. 308. 
 
 Id. ». 10. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MERCHANT SHIPPING. 
 
 411 
 
 Time of layingr 
 luformation^ 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 90 Within 
 6 months 
 (s. 525, art. 1, 
 sae Note IS7-) 
 
 91 Id. 
 
 92 Id. 
 
 93\ Id. 
 
 94/ 
 
 Two or 
 more 
 (s. 518, 
 art. 3, 
 and see 
 Note 
 
 188)- 
 
 Id.' 
 
 Id. 
 
 95 Id. 
 
 96 Id. 
 
 97 Id. 
 
 98 Id. 
 
 99 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Peaalty. &c. , 
 
 ana 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 Sic 
 
 Not exc. aglQ, and subject to sus- 
 pension or dismissal (s. 351). 
 
 Not exc. £10 (s. 352) ;— recovered 
 as Offence 87, supra. 
 
 The like (s. 358). 
 
 Not exc. £100, and liable to sus- 
 pension or dismissal by the pilot- 
 age authority by whom he is 
 licensed (s. 365) ; — recovered as 
 Offence 87, supra. 
 
 Misdemeanor, and, if a qualified 
 pilot, suspension and dismissal 
 (s.336]; — or punished summarily 
 by impr., with or without h. 1. 
 for not exc. 6 months, or fine not 
 exc. £100 (s. 518, art. 2) ;— fine 
 recovered by distress (11 & 12 
 Vict. c. 43, s. 19, ante, p. 175) ;> 
 in default, impr. for not exc. 
 cal. m., unless sooner paid (Id. 
 s. 22 i see ante, p. 179). 
 
 Not exc. £100, — and suspension or 
 dismissal (s. 367);— recovered as 
 Offence 100, infra. 
 
 Not exc. £20, and dismissed from 
 office by Board of Trade (s. 127); 
 — recovered as Offence 100, infra. 
 
 Not exc. £50 (s. 308);— -recovered 
 as Offence 100, irfra. 
 
 Misdemeanor (s. 10);— or summarily, 
 as in Offence 106, infra. 
 
 Yes 
 (see 
 Note 
 
 189)- 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penaity, &c 
 to wnom 
 payable. 
 
 Her 
 
 Majesty, 
 
 after paying 
 
 portion to 
 
 person 
 
 wronged or 
 
 damaged 
 
 (s. 524). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Page, Sec. 
 
 of 
 Formulist. 
 
 No. 12, 
 p. 172. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id; 
 
 Digitized by Microsoft® 
 
412 
 
 Summary Convictions. 
 
 [part t. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MERCHANT SHIPPING— coK««Herf. 
 
 V. Offences by other Persohs— continued. 
 
 100. Using forms in relation to Part III. of the act (Masters and Sea- 
 men) not sanctioned,— or printing or selling forms as sanctioned 
 when not so. 
 
 101. Witnesses refusing to give evidence, &c. before inspector, on acci- 
 
 dents. 
 
 102. Obstructing inspector on duty. [Offender may be detained.'] 
 
 103. sBuilder of ship giving false certificate of tonnage, &c. of ship. 
 101. Detaining certificate of registry, see Offence No. 5, ante, p. 394!. 
 
 105. Exercising power of sale of ship to a person not qualified to be the 
 
 owner of a British ship, without producing certificates of registry, 
 &c. to consular ofiicer. 
 
 106. Making, &c. false representations for obtaining certificate of com- 
 
 petency or service, — or forging, 8ic. any such certificate,— or 
 making use of forged certificate. 
 
 [As to false representations to obtain deposit or interest in a 
 seaman's savings' bank, see 19 & 20 Vict. t. 41, s, 6]. 
 
 107. Person not licensed or authorized, engaging or supplying any sea- 
 man or apprentice to be entered on board any ship. 
 
 108. Employing any unlicensed person. 
 
 109, Knowingly receiving seaman or apprentice on board who has been 
 
 engaged contrary to act. 
 
 110. JBeceiving remuneration fi-om seamen for shipping them. 
 
 111. Falsifying agreement with seamen. 
 
 112. Making or procuring to be made any false certificate of service, 
 
 or qualification of a seaman, — or forging any certificate, &o. 
 
 113. Jorgery or false representations in order to obtain wages or pro 
 
 perty of deceased seaman. 
 
 17 & 18 Vict, 
 c. 104, ». 10. 
 
 Id. 
 
 s. 
 
 15. 
 
 Id. 
 
 s. 
 
 16. 
 
 Id. 
 
 ». 
 
 41. 
 
 Id. s. 81. 
 
 Id. s. 140. 
 
 Id. s. 147, art. 1 
 
 Id. art. 2. 
 Id. art. 3. 
 
 Id. «. 148. 
 Id. ». 164. 
 Id. s. 176. 
 Id. o. 203. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MERCHANT SHIPPING. 
 
 413 
 
 Time of laying 
 
 iDrormatiou, 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 100 Within 
 
 Two or 
 
 6 months 
 
 more 
 
 (s.525, art.], 
 
 (S.S18, 
 
 see Note 187)- 
 
 art. 3, 
 
 
 and see 
 
 
 Note 
 
 
 188). 
 
 101 Id. 
 
 Id. 
 
 102 Id. 
 
 Id. 
 
 103 Id. 
 
 Id. 
 
 105 Id. 
 
 106 Id. 
 
 107 Id. 
 
 108 Id. 
 
 109 Id. 
 
 110 Id. 
 
 111 Id. 
 
 112 Id. 
 
 113 Id. 
 
 Penalty. &c 
 
 anu 
 
 Mode of enforcing. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 Id. 
 Id. 
 
 If Ap- 
 peal, and 
 Time, 
 SiC. 
 
 Not exc. £10 (s. 10) j— recovered 
 by distress (11 & 12 Vict. c. 43, 
 s. 19, ante, p. 175) ; in default, 
 impr. for not exc. 3 cal. m., unless 
 sooner paid (Id. s. 22 ; see ante, 
 p. 179). 
 
 The like (s. 15). 
 
 The like (s. 16). 
 
 Not exc. iglOO (s. 41) ; — recovered 
 as Offence 100, supra. 
 
 The like (s. 81). 
 
 Misdemeanor (s. 140) j — or summa- 
 rily, impr., with or without h. 1. 
 for not exc. 6 months, or fine not 
 exc. jglOO (s. 518, art. 2) ;— fine 
 recovered by distress (11 & 12 
 Vict. c. 43, s. i9,ante, p. 175) 
 in default, impr. for not exc. 3 
 cal. m., unless sooner paid (Id. 
 s. 22 i see ante, p. 179). 
 
 Not exc. £20 for each seaman 
 engaged (s. 147) ; — recovered as 
 Offence 100, supra. 
 
 The like, and forfeiture of licence. 
 
 Not exc. jg20 for each seaman en- 
 gaged (s. 147); — recovered as 
 Offence 106, supra. 
 
 Not exc. £5 (s. 148) j— recovered 
 as Offence 100, supra. 
 
 Misdemeanor (s. 164); — or summa- 
 rily, as Offence 106, supra. 
 
 The like (s. 176). 
 
 Impr., with or without h. 1. for not 
 exc. 6 cal. m. ; — or indictable. 
 
 Yes 
 (see 
 Note 
 
 189)- 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 Id. 
 Id. 
 
 Penaltv, &c. 
 (o wnum 
 payable. 
 
 Her 
 
 Majesty, 
 after paying 
 
 portion to 
 
 person 
 wronged or 
 
 damaged 
 
 (s. 524). 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 .Id. 
 
 Id. 
 Id. 
 Id. 
 Id. 
 
 Digitized by Microsoft® 
 
414 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. ; 
 
 statute. 
 
 MERCHANT SHIPPING— coniJMMed. 
 
 
 
 
 V. Offences by other Persons — continued. 
 
 
 
 114. 
 
 Foigerv or false representations in support of application to Admi- 
 ralty for compensation on account of seamen volunteering into 
 
 17 & 18 Vict, 
 c. 104, s. 220. 
 
 
 navy. 
 
 
 
 115. 
 
 Selling or supplying bad drugs for ships. 
 
 Id. 
 
 s. 227. 
 
 116. 
 
 Lodging-house keepers overcharging seaman for board or lodging. 
 
 Id. 
 
 s. 235. 
 
 117. 
 
 Persons receiving or taking into possession or under control monies, 
 documents or effects of seamen or apprentices, and not returning 
 same or value when required, subject to deductions due for board 
 and lodging or otherwise, — or absconding therewith. 
 
 [In a recent case {Ex parte Richards, 21 /. P. 757), it was held that 
 this provision does not apply to the master of the vessel detaining 
 a seaman's clothes, and that it was meant to provide against a sea- 
 man imposed mpon on shore.'] 
 
 Id. 
 
 ». 236. 
 
 118. 
 
 Person being on board without permission before final arrival of 
 ship. [^Ofender may be detained.] 
 
 Id. 
 
 s. 237. 
 
 119. 
 
 Lodging-house keepers soliciting seamen, or taking their effects 
 out of ship without permission. 
 
 Id. 
 
 s. 238. 
 
 120. 
 
 Enticing seamen to desert, &c. 
 
 Id. 
 
 s. 257. 
 
 121. 
 
 Harbouring or secreting seamen or apprentices deserting, &c. from 
 ship. 
 
 
 Id. 
 
 122. 
 
 Person secreting himself in ship and going to sea without consent. 
 
 Id. 
 
 s. 258. 
 
 123. 
 
 Preventing seamen from making complaint to a naval court. 
 
 Id 
 
 ». 266. 
 
 124.. 
 
 Mutilating, &c. or making false entry in official logs [see Offences 
 49, 50, ante, p. 400]. 
 
 
 
 125. 
 
 Placing undue weight on safety valve of steam ship. 
 
 Id. 
 
 s. 302; 
 
 126. 
 
 Forging or altering certificate of Board of Trade as to passenger 
 steamer. 
 
 Id. 
 
 s. 320. 
 
 Digitized by Microsoft® 
 
CHAP, n.] 
 
 MERCHANT SHIPPING. 
 
 415 
 
 Time of laying • 
 inforniiUloii, 
 
 lU 
 
 Within 
 6 months 
 (s. 525, art. 1, 
 see Nate 187) 
 
 115 Id. 
 
 116 Id. 
 
 117 Id. 
 
 (Number 
 and uhat 
 Jiustices to 
 convict. 
 
 118 Id. 
 
 119 Id. 
 
 120 Id. 
 
 121 Id. 
 
 122 Id. 
 
 123 Id. 
 
 125 Id. 
 
 126 Id. 
 
 Two 
 or more 
 (s. 518, 
 lart. 3, 
 and see 
 
 Note 
 
 188)- 
 Id. 
 Id. 
 Id. 
 
 Penalty, Sec, 
 
 and 
 
 Mode of enforcing. 
 
 Misdemeanor (s. 220);— or summa- 
 rily, as in Offence 1 06, supra. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Not exc. J20 (g. 227)i— reooveiredi 
 as Offence 100, supra. 
 
 Not exc'jeiO (s. 235) J— recovered 
 as Offence 1 00, supra. 
 
 Not exc. £10, and justices to order 
 value of effects to be forthwith 
 paid to seamen, &c. (s. 236) ; — 
 recovered as Offence 100, supra. 
 
 Not exc. jg20 (s. 237);- 
 as Offence 100^ supra. 
 
 -recovered 
 
 Yes 
 (see 
 Note 
 
 189). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Not exc. £5 (s. 238) ;— recovered 
 as Offence 100, supra. 
 
 Not exc. sBlO (s. 257); — ^recovered 
 as Offence 100, supra. 
 
 Not exc. iS20 for each seaman, &c 
 (s. 257) ; — recovered as Offence 
 100, supra. 
 
 Not exc. jgZOj — or impr., with or 
 without h. 1., for not exc. 4 weeks 
 (s. 258); — penalty recovered as 
 Offence 100, supra. 
 
 Not exc. £50 — or impr., with or 
 without h. 1. for not exc. 12 weeks 
 (s. 266); — ipenalty recovered as 
 Offence 100, supra. 
 
 Not exc. £100(s. 302) ;— recovered 
 as Offence 100, supra. 
 
 Misdemeanor (s. 320);— or summa- 
 rily, as Offence 106, supra. 
 
 Penalty, &c. 
 to wliom 
 payable. 
 
 Id. 
 Id. 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Her 
 
 Majesty, 
 
 after paying 
 
 portion to 
 
 person 
 
 wronged or 
 
 damaged 
 
 (s. 621). 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 Id. 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Digitized by Microsoft® 
 
416 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict, c' 43. 
 
 MERCHANT SHIPPING— con/inaerf. 
 
 V. Offences by other Persons — continued. 
 127. Engineer of ship not giving to surveyor information as to build, 
 &o. of steamship. 
 
 17 & 18 Vict. 
 c. 104, s. 321. 
 
 128. Passengers.'] Person refused admission into steamer attempting to 
 
 enter, 
 
 or 
 
 129. Having got on board, refusing to leave on request. 
 
 130. Travelling, or attempting to travel, in passenger steamer without 
 
 having previously paid fare, 
 or 
 
 131. Having paid fare, proceeding beyond the distance paid for, 
 
 or 
 
 132. On arriving at destination, refusing to quit the steamer. 
 
 133. Person committing the Offences Nos. 128—132, refiising to give 
 
 name and address, or giving a false one. 
 
 134. Sending dangerous goods by ship. 
 
 135. Making fraudulent alterations in marks on stern or stem of ship— 
 
 jeSOO (s. 359). 
 
 136. Unqualified person acting as pilot 
 
 137. Aiding pilots in Offences Nos. 93, 94, ante, p. 410. 
 
 138. Person by wilful misrepresentation obtaining charge of a ship. 
 
 139. Wilfully injuring lighthouses, lights, buoys or beacons, 
 
 or 
 
 140. Sunning foul of lightship or buoy. 
 
 141. Disobeying notice of lighthouse authority to remove false light 
 
 142. Wredts.] Disobeying directions of receiver as to preservation of 
 .. wreck and saving of lives. 
 
 Id. s. 322. 
 Id. s. 323. 
 
 Id. s. 324. 
 Id. s. 329. 
 
 Id. s. 361.. 
 Id. s. 365. 
 
 Id. s. 367. 
 Id. s. 414. 
 
 Id. s. 415. 
 Id. s. 441. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MERCHANT SHIPPING. 
 
 417 
 
 Time of laying 
 InformatioD^ 
 
 SiC. 
 
 127 Within 
 6 montlis 
 (s.52S,art.l, 
 see Note 187) 
 
 128\ Id. 
 129/ 
 
 130\ Id. 
 132J 
 
 133 Id. 
 
 134 Id. 
 135 
 
 136 Id. 
 
 137 Id. 
 
 Number 
 and what 
 UuGiices to 
 convict. 
 
 138 
 
 Id. 
 
 139\ 
 140/ 
 
 Id 
 
 141 
 
 Id. 
 
 142 
 
 Id. 
 
 Two or 
 more 
 (s. 518, 
 art. 3, 
 and see 
 Note 
 
 188). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty. &c. 
 
 and 
 
 Mode of enforcing. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Notexc. £5 (s. 321);— recovered! 
 Offence 100, supra. 
 
 If Ap- 
 peal, al)d 
 Time, 
 
 Sic. 
 
 Not exc. 40s. (s. 322) ; — ^recovered 
 as Offences 100, supra. 
 
 Not exc. 5s. in addition to fare 
 (s. &23);— recovered as Offence 
 100, supra. 
 
 Not exc. £20 (s. 324).;— recovered 
 as Offence 100, supra. 
 
 Not exc. £100(3. 329);— recovered 
 
 as Offence 100, supra. 
 [Not recoverable before justices.] 
 
 Not exc. £50 (s. 361); — ^recovered 
 as Offence 100, supra. 
 
 Not exc. £100; — and if a qualified 
 pilot, liable to dismissal (s. 365) ; 
 — pfenalty recovered as Offence 
 100, supra. 
 
 The like (s. 367). 
 
 Not exc. £50, and expenses of 
 malcing good damage done (s. 
 414) ; — recovered as Offence 100; 
 supra. 
 
 Not exc. £100 (s. 415);— recovered 
 as Offence 100, supra; and light 
 to be abated (s. 416). 
 
 Not exc. £50 (s. 441); — recovered 
 by d:sfress (11 & 12 Vict. c. 43, 
 s. 19, arte, p. 175); — in default, 
 impr. for not exc. 3 cal. m., un- 
 less sooner paid (Id. s. 22, see 
 ante, p. 179). 
 
 Yes 
 (see 
 Note 
 
 189)- 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, %c. 
 
 to wfiom 
 payable, &c. 
 
 Her 
 
 Majesty, 
 
 after paying 
 
 portion to 
 
 person 
 wronged or 
 
 damaged 
 
 (s. 524). 
 
 To Owners. 
 
 To the 
 Owner. 
 
 Page, &c. 
 
 of 
 ForrauliBt. 
 
 Id. 
 Id. 
 
 Her 
 
 Majesty, 
 &c. as No. 
 127 (s. 524). 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 la. 
 
 No. 11, 
 p. 172. 
 
 Digitized by Microsoft® 
 
 B E 
 
418 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MERCHANT SHIPPING— conWnMcii. 
 
 v. Offences by other Persons — continued. 
 143. Disobeying receiver's summons to assist him, or with boats or 
 waggons. 
 
 144. Not delivering goods found washed on shore to receiver. 
 
 145. Owners and occupiers refusing to allow carriages, &c. to pass over 
 
 their land. 
 
 146. Finding wreck, and not giving notice thereof to receiver. 
 
 147. Plundering wreck,— or obstructing the saving of shipwrecked pro- 
 
 perty, — or secreting the same. 
 
 148. Marine Store Deakrs.'] Every person dealing in buying and selling 
 
 anchors, cables, sails or old junk, old iron or marine stores of any 
 description, — not having his name and the words " dealer in marine 
 stores" painted on warehouse, 
 or 
 
 149. Not keeping book and entering therein an account of purchases, 
 
 with times and persons. 
 
 150. Purchasing marine stores from persons apparently under 16 years 
 
 of age, 
 
 or 
 
 151. Cutting up cable, or any similar article, exc. 5 fathoms in length, 
 
 without permit of receiver and publishing notice required by 
 ss. 481, 482. 
 
 152. Refusing inspection of cable on justice's warrant. 
 
 153. Manufacturers of anchors not placing names and numbers on them, 
 
 MILITARY LAW. 
 
 1. Recruit enlisting and attested and discovered incapable of active ser- 
 
 vice (by reason of any infirmity concealed, or not declared before 
 justice, when attested), concealing his having been a soldier and 
 discharged, or discharged upon a prior enlistment, 
 or 
 
 2. Wilfully concealing any such infirmity [upon being attested], 
 
 or 
 
 3. Designedly making any false representation [upon being attested]. 
 
 17 & 18 Vict 
 t. 104, s. 442. 
 
 Id. s. 443. 
 
 Id. s. 447. 
 
 Id. s. 450. 
 Id. ». 478. 
 
 Id. s. 480, art 1. 
 
 Id. art 2. 
 Id. art 3. 
 Id. art. 4. 
 
 Id. s. 482. 
 Id. s. 483. 
 
 21 Vict c. 9, 
 s. 58. 
 
 Digitized by Microsoft® 
 
CHAP. ii.j MERCHANT SHIPPING-MILITARY LAW. 
 
 419 
 
 Time of laying 
 Information, 
 
 143 Within 
 6 months 
 (s. 525, art. 1, 
 see Note 187)- 
 
 144 Id. 
 
 145 Id. 
 
 146 Id. 
 
 147 Id. 
 
 148 Id. 
 
 149 Id. 
 
 150 Id. 
 
 151 Id. 
 
 1 52 Id. 
 
 153 Id. 
 
 Number 
 and what 
 Justices 10 
 convict. 
 
 Two or 
 more 
 
 (s. 518), 
 art. 3, 
 
 and see 
 {Note 
 
 188). 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 1} 
 
 On oath, 
 and within 
 6 cal. m. 
 (11 & 12 Vict, 
 c. 43, s. 11, 
 and sees. 97). 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Not exc. jglOO (s. 442) ; — recovered 
 as Offence 142, supra. 
 
 The like (s. 443). 
 The like (s. 447). 
 
 The like (s. 450). 
 
 Not exc. £50, in addition to any 
 other penalty or punishment by 
 any other act or law (s. 478) ;— 
 recovered as Offence 142, supra. 
 
 Not exc. £20 ; — recovered as Of- 
 fence 142, supra. 
 
 1st Offence, not exc. £20 ; — subse- 
 quent Offence, not exc. £50 ; — 
 recovered as Offence 142, supra. 
 
 1st Offence, not exc. £5; — subsequent 
 Offence, not exc. 20; — ^recovered 
 as Offence 142, supra. 
 
 1st Offence, not exc. £20 ; — subse- 
 quent Offence, not exc. £50 ;— re • 
 covered as Offence 142, supra. 
 
 1st Offence, not exc. £20;— saJse 
 quent Offence, not exc. £50 ; — re- 
 covered as Offence 142, supra. 
 
 Not exc. £5 (s. 483) ; — recovered 
 as Offence 142, supra. 
 
 Two 
 (s. 58). 
 
 If Ap- 
 peal, and 
 Time, 
 
 SiC. 
 
 Punishable as a rogue and vaga. 
 bond (s. 58) ; — i.e. impr. in house 
 of correction, with hard labour, 
 for not exc. 3 cal. m. (5 Geo. 4, 
 c. 83, s. 4). [Costs also recover- 
 able under s. 24 of 11 & 12 Vict. 
 t. 43, ante, p. 170.] 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 No. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Yes 
 
 Her 
 
 (see 
 
 Majesty, 
 
 Note 
 
 after pay- 
 
 189). 
 
 ing portion 
 
 
 to person 
 
 
 wronged 
 
 
 or damaged 
 
 
 (s. 524). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Digitized by Microsoft® 
 
420 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MILITARY l^AM— continued. 
 
 4. Volunteer militiamen offering to enlist in her Majesty's foreses, deny- 
 ing that he is such militiaman. 
 
 5. Ballotted militiaman or substitate denying at the time of enlistment 
 or attestation that he belongs to the militia. 
 
 6. Any person fraudulently confessing himself to bfi a deserter, when 
 not so. 
 
 7. Any officer or soldier forcibly entering into or breaking open any 
 
 dwelling-house or outhouse, 
 or 
 
 8. Giving any order to do so, 
 
 without a justice's warrant. 
 
 9. Any constable or other person employed in billeting presuming to 
 
 billet on any house not liable, 
 or 
 
 10. Neglecting or refusing to billet, when required, 
 
 or 
 
 11. Receiving any money for excusing any person from deceiving any 
 
 soldier, 
 
 or 
 
 12. Quartering wives, children, men or maidservants of officers or soldiers 
 
 in any house against occupier's consent, 
 or 
 
 13. Neglecting or refusing te execute a justice's warrant for providing 
 
 carriages, &c., 
 or 
 
 14. Demanding mare than the legal rates for the same, 
 
 or 
 
 15. Any person ordered by a constable to provide carriages, &c. refusing 
 
 or neglecting to provide same, 
 or 
 
 16. Constable neglecting to deliver to quarter sessions lists of officers and 
 
 Soldiers of the Foot Guards quartered, or delivering defective lists, 
 or 
 
 17. Any toll collector demanding and receiving toll from officers or 
 
 soldiers, &o. — or for carriages when conveying persons or bag- 
 gage, or returning therefrom. 
 
 18. Any person personating or representing himself to be a soldier or a 
 
 recruit, with the view of firaudulently obtaining a billet, or money 
 in lieu thereof. 
 
 21 Vict. c. 9, 
 s. J^8. 
 
 Id. 
 
 Id. s. 49. 
 
 Id. ». 89. 
 
 Id. s. 93. 
 
 Id. 
 
 Id. 
 
 _ 193 Application of Penalty,, Sjc.'] A moiety to the informer, and the remainder, or if 
 informer proves the offence the whole [and in Offences 19—22, the treble value of the 
 articles also], to the general agent for the recruiting service in London, to be at the 
 
 Digitized by Microsoft® 
 
CHAP. 11.] 
 
 MILITARY LAW. 
 
 421 
 
 Time of laying 
 InformatiOD. 
 
 4 On oath, 
 and within 
 
 6 cal. m. 
 (11 & 12 Vict 
 
 o. 43, s. 11, 
 and see s. 97). 
 
 5 Id. 
 
 Id. 
 
 7\ Within 6 
 8/ cal. m. 
 (11 & 12 Vict, 
 t. 43, s. 11, 
 see s. 97). 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing. 
 
 14/ 
 
 Id. 
 
 151 
 17/ 
 
 Id. 
 
 18 Id. 
 
 One 
 
 (S. 58). 
 
 Id. 
 
 Two 
 (s. 49). 
 
 Two 
 (s. 89). 
 
 One 
 
 or 
 
 more 
 
 (s. 97) 
 
 Imprisonment for not exceeding 
 fourteen days (s. 58). 
 
 Impr. in common gaol or house of 
 correction, without bail or main 
 prize, for not exc. 6 cal. m. (s. 58). 
 
 The like, as Offences 1 to 3 — (or 
 guilty of obtaining money uttder 
 false pretences). 
 
 Not exc. £20 (s. 89);— levied by 
 distress ; — if goods insuflScient, 
 impr. for not exceeding 6 cal. m, 
 (s. 97). 
 
 Not exceeding £5 nor less than 40*. 
 (s. 93) J— levied by distress ; — if 
 goods insufficient, imprisonment 
 for not exceeding 6 calendar 
 months (s. 97). 
 
 Id. 
 
 Id. 
 
 IfAp. 
 
 peal, and 
 
 Time, 
 
 Not exc. £5 nor less than 40s. 
 (s. 93) ; — recovered as Offences 
 8 to 14, supra. 
 
 Not exc. £5 nor less than 20*. 
 (s. 93);— recovered as Offences 
 8 to 1 4, supra. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 to wnom 
 payable. 
 
 See Note 
 
 193) 
 
 Id. 
 
 Page, &€■ 
 
 of 
 FormuliBt. 
 
 No. 
 
 Id. 
 
 No. 
 
 Id. 
 
 No. 1, 
 p. 175. 
 
 No. 2, 
 p. 175. 
 
 disposal of t!he secretary-at^^ar, notwithstanding the provisions of the Municipal Corpora- 
 tion Act, 5 & 6 Will. 4, c. 76, or any other act or acts to the contrary (s. 98). The con- 
 viction-is to be reported to the secretarv-at-war within four days at the farthest (Id.) 
 
 Digitized by Microsoft® 
 
422 
 
 Summary Convictions. 
 
 [part I- 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 MILITARY LAW— continued. 
 
 19. Knowingly detaining, buying, exchanging or receiving from any 
 
 soldier, or deserter or any other person, on any pretence whatso- 
 ever, 
 
 or 
 
 20. Soliciting or enticing any soldier, — or being employed by any soldier, 
 
 knowing him to be such, — to sell 
 
 any arms, ammunition, medals for good conduct or for dislin- 
 guishment or other service, clothes, or military furniture, or any 
 provisions, or any sheets or other articles used in barracks, or 
 regimental necessaries, or any article of forage, 
 or 
 
 21. Having in possession or keeping any such arms, &c., and not giving 
 
 a satisfactory account how he came by the same. \_A search war- 
 rant may be granted for such arms, i^'c] 
 Or 
 
 22. Changing the colovir of any clothes. 
 
 \_See s. 87, penalty for unlawfully recruiting, and s. 90, penalty for 
 conveying things into a military prison.^ 
 
 MILITIA. 
 
 1. Fraudulent re-enlistment by militia volunteer before expiration of 
 
 engagement 
 
 [Mem. Report of conviction to he sent to Secretary at War, s. 41.] 
 
 2. Able militiaman absent from training, — or deserting after having 
 
 joined the regiment. 
 
 3. Persuading or assisting any militiaman to be improperly absent from 
 duty, &c. 
 
 4. Buying, exchanging or receiving, &c. militia arms, clothes, upon 
 any account or pretence whatsoever. 
 
 NAVAL COAST VOLUNTEERS. 
 
 1. Persons in her Majesty's regular forces, or of the East India Com- 
 pany, or in the militia, enlisting as a volunteer under this act. 
 
 2. Officer enlisting or enrolling such person. 
 
 3. Volunteer selling, pawning or losing arms, accoutrements, &c. 
 
 21 Vict, 
 t. 9, =,. 92. 
 
 17 & 18 Vict, 
 c. 105, s. 40. 
 
 Id. ». 45. 
 
 Id. 6. 47. 
 
 Id. s. 48. 
 
 16 & 17 Vict 
 c. 73, s. 18. 
 
 Id. 
 
 Id. s. 19 
 
 Digitized by Microsoft® 
 
CHAP. 11.] MILITARY LAW— NAVAL COAST VOLUNTEERS. 423 
 
 Time of laying 
 [Dformatioo, 
 
 Htc. 
 
 19 \ Within 
 
 22/ 6 cal. m. 
 
 (11 & 12 Vict. 
 
 c. 43, s. 11, 
 
 see s. 97). 
 
 NumbtT 
 and what 
 Justice)- to 
 
 convict. 
 
 Penalty. Sec 
 
 and 
 Mode of enforcing. 
 
 One 
 
 or more 
 (s. 97). 
 
 1 ■Within 6 
 
 cal. m. 
 
 (ll&12Vict. 
 
 c. 43, =. 11). 
 
 2 At any time 
 
 within the 
 period of his 
 engagement. 
 
 3 Within 
 6 cal. m. 
 
 (11 & 12 Vict 
 c. 43, s. 11), 
 
 Id. 
 
 1 Within 6 
 
 cal. m. 
 
 (11 & 12 Vict 
 
 c. 43, !j. 11) 
 
 2 Id. 
 
 Id. 
 
 Is* Offence. Not exceeding £20, 
 and treble the value of articles 
 (s. 92); — recovered as Offences 
 8 to 14, supra, 
 
 2nd or subsequent Offence. Not exc. 
 £20, nor less than £5, and treble 
 value! — recovered as 8 to 14, 
 p. 420; — and in addition, impr. 
 with or without hard labour for 
 not exc. 6 calendar months (s. 92;. 
 
 One 
 
 (s. 49). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 One 
 (s. 18). 
 
 One 
 
 (s. 23). 
 
 Id. 
 
 Jt Ap- 
 peal, and 
 Time, 
 Ike. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 Not exc. £10;— in default, impr. 
 with or without h. 1. for not exc. 
 3 months, &c. (see s. 40). 
 
 The like (s. 45); — or to be com- 
 mitted as a deserter (see s. 46). 
 
 Not exc. £20 ;— levied by distress 
 (11 & 12 Vict c. 43, s. 19, ante, 
 p. 175); — in default, imprison- 
 ment for not exc. 3 cal. m., un- 
 less sooner paid (Id. b. 22, ante, 
 p. 179), see s. 49. 
 
 Not exc. £10 ; — ^levied by distress 
 — in default, impr. with or with 
 out h. 1. for not exc. six months, 
 unless sooner paid (s. 48). 
 
 Imprisonment for not exceeding 6 No. 
 months (s. 18). 
 
 Not exc. £20 (s. 18); — levied by 
 distress ;-- if goods insufficient, 
 impr. with or without h. 1. for not 
 exc. 6 months (s. 23). 
 
 Not exceeding £3 (s. 19) ;— reco- 
 vered as in Offence 2, supra. 
 
 No. 
 
 Penally, &c. 
 to whom 
 payable. 
 
 No. 
 
 No. 
 
 (See Note 
 
 193) 
 
 PaiEe, &c 
 
 of 
 FormulUt. 
 
 Nos. 3, 4, 
 p. 175. 
 
 Command- 
 ing Officer 
 
 of Regi- 
 ment(s.51). 
 
 Id. 
 
 Half to inf. 
 
 and rem. 
 
 (or, if prove 
 
 offence, the 
 
 whole) to 
 
 Secretary 
 
 at War 
 
 (s. 50). 
 
 Id. 
 
 Digitized by Microsoft® 
 
 Similar to 
 Note 193 
 (see s. 24). 
 
 Id. 
 
424 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 NAVAL COAST VOLUNTEERS— con«naed. 
 4. Persons buying, &o. sam«. 
 
 5. Volunteer not attending trwning and exercise. 
 
 6. Persons inducing volunteers, &c. to absent themselves, — or harbour- 
 ing or employing persons absenting themselves. 
 
 [Mem. The laws relating to her Majesty's Navy {title " Navy, Sea- 
 men in her Majesty's") apply to those volunteers when in service^ 
 see s. 17.] 
 
 NAVIGABLE RIVERS AND CANALS. (See title " Constables.") 
 
 1. Person found on any canal or navigable river, or in or upon any lock, 
 
 dock, warehouse, wharf, quay or bank thereof, or on board of any 
 
 boat, &c. thereon, having in his possession or under control any 
 
 tube or instrument for carrying away any liquor or goods, 
 
 or 
 
 2. Attempting unlawfully to obtain any liquor or goods. 
 
 3. Piercing, &c. casks, &c. on board of boat, &c. — or in any warehouse, 
 
 &c. belonging to any riyer, &c. — with intent feloniously to steal, 
 or otherwise unlawfully obtain or injure contents, 
 or 
 
 4. Unlawfully drinking, or wilfully spilling, or allowing to run to waste, 
 
 any liquors or any part thereof. 
 
 NAVY (MARINE FORCES). 
 
 Offences in the Annual Marine Mutiny Act being the same as in 
 title "Military Law," ante, pp. 418—422, viz. : — 
 
 1. Offences by recruits on enlisting, attesting, &c. (Offences 1 — 5, ante, 
 
 pp. 418,420, by s. 61). 
 
 2. Person fraudulently confessing to be a deserter (Offence 6, ante, 
 
 p. 420, by s. 5S). 
 
 3. Forcibly entering a dwelling-house for deserters (Offences 7, 8, ante, 
 
 p. 420, by B. 81). 
 
 4. Offences by constables, viqtuallers, &c. in respect to billetting (Of- 
 
 fences 9—18, ante, p. 420, by s. 79). 
 
 5. Purchasing, or having possession, &c. of seamen's clothes (Offences 
 
 19—22, ante, p. 42?, by s. 82). 
 
 NAVY, SEAMEN IN HER MAJESTY'S. 
 1. Persons bringing into naval prisons spirituous or fermented liquors. 
 
 16 & 17 Vict 
 c. 73, s. 19. 
 
 Id. ». 20. 
 
 Id. s. 22. 
 
 3 & 4 Vict, 
 c. 50, s. 7. 
 
 Id. s. 8. 
 
 21 Vict. t. 7. 
 
 10 & 11 Vict 
 M. 62, s. 8. 
 
 194 Apprehension qf Offenders.'] Idle and disorderly persons found loitering about 
 towing path, &c. between sunset and 8 a.m., and not giving a good account of themselves, 
 
 Digitized by Microsoft® ' 
 
CHAP. II.] NAVAL COAST VOLUNTEERS-NAVY. 
 
 425 
 
 Time of layln^f 
 
 luforniation. 
 
 ate. 
 
 i Within 
 
 6 cal. m. 
 
 (11 & 12 Vict. 
 
 c. 43, s. 11). 
 
 5 Id. 
 
 6 Id. 
 
 Nnmlier 
 imd wliiit 
 Justices to 
 convict. 
 
 1 ) Within 
 
 2 i 6 cal. m. 
 (ll&12Vict 
 
 C.43, s. 11, 
 Note 194). 
 
 J Id. 
 
 4J 
 
 \} 
 
 1 Within 
 6 cal. m. 
 (11 & 12 Vict, 
 c. 43, s, 11). 
 
 One 
 
 s. 23). 
 
 Id. 
 
 Id. 
 
 Two 
 
 (s. 14). 
 
 Id. 
 
 One 
 
 (see 
 s. 13). 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Not exc. iglO, and treble value of 
 the articles (s. 19); — recovered 
 as Offence 2, supra. 
 
 Nfot exceeding £20 (s. 20),-- 
 covered as Offence 2, supra. 
 
 Not exceeding £30 (s. 22) ;— r 
 vered as Offence 2, supra. 
 
 Not exceeding £5, — or, at discre- 
 tion, impr. with or without h. 1 
 for not exc. 1 cal. in. (s. 7) ;— on 
 non payment of penalty (if ad 
 judged), impr. not exc. 1 cal. m. 
 unless sooner paid, or recovered 
 by distress (s. 15). 
 
 Not exc. £5 above the value of 
 goods or liquor ; — or, at discre- 
 tion, impr., with or without h. 1., 
 for not exc. 1 cal. m. (s. 8) i — on 
 non-payment of penalty, impr. 
 &c, as Offences 1, 2, supra. 
 
 [The same penalties and mode of 
 recovery as for the corresponding 
 Offences relating to the army 
 (s. 86); except that convictions 
 must be reported to the Secre- 
 tary of the Admiralty, instead of 
 the Secretary at War (s. 87). See 
 title "Military Law," ante, pp 
 419, 421, 423]. 
 
 Not exc. £20, nor less than £10 
 (s. 8);— recovered as in Offences 
 2, 3, post, p. 427. 
 
 If Ap- 
 peal, uiiil 
 Time, 
 4c. 
 
 No. 
 
 No. 
 
 No. 
 
 Yes 
 (s. 19, 
 Note 
 
 195)- 
 
 Id. 
 
 No. 
 
 No. 
 
 Penalty, &c. 
 to wnom 
 payable. 
 
 Similar to 
 Note 193 
 (sees. 24). 
 
 Id. 
 Id. 
 
 Treasurer 
 of county, 
 
 &c., not 
 being ap- 
 plied by act 
 (see ante, 
 
 p. 190). 
 
 Id. 
 
 (See s. 87.) 
 
 Half to inf. 
 
 and half to 
 
 Greenwich 
 
 Hospital 
 
 (s. 13). 
 
 maybe apprehended without a warrant (ss. 10, 11), and persons offering property suspected 
 to be stolen may he detained and delivered to a constable (s. 12]^ 
 
426 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict, c. 43. 
 
 NAVY, SEAMEN IN HER MAJESTY'S— continued. 
 
 2. Any money, clothing, provisions, &o. without knowledge of officer, 
 
 and contrary to rules,— or throwing such articles into the prison, 
 — or carrying out such articles, without permission, 
 or 
 
 3. Assaulting or violently resisting any officer of such prison on duty, 
 
 — or aiding or exciting any person so to do. 
 
 i. Any person frrudulently confessing himself to be a deserter, or 
 ' absent from a ship, when not so. 
 
 5. Persons persuading seamen to desert, or absent themselves from 
 
 duty, — or employing them. 
 
 6. Gaoler, &c. of prison neglecting, &c. to receive or discharge offender 
 
 as directed. 
 
 7. Bringing on board Her Majesty's ships or vessels spirituous or fer- 
 
 mented liquors, without commander's consent, 
 
 8. Approach or hover about vessel for the purpose of so doing, — or for 
 
 selling same to men on board, — or of aiding persons to desert, &c. 
 
 9. Persons making fraudulent representations on entering the navy. 
 
 NEWSPAPERS AND PAMPHLETS. See title " Printers," post. 
 
 NUISANCES. [See further, title " Nuisances," Part III.] 
 
 1. Not abating Nuisance.'] Any person not obeying the justice's order 
 for abatement of a nuisance [described in s. 13], and failing to 
 satisfy the justices that he has used all due diligence to carry out 
 such order. 
 
 [7i was decided In re the Local Board of Health of Ham, 26 
 L. J. {N. S.) M. C. 64.; Ex parte Bessett, 7 E. Sf B. 280 ; 21 
 J. P. 85, tli.at it is not imperative on the local authority to take 
 proceedings to enforce the justices' order."] 
 
 2. Any person knowingly and wilfully acting contrary to an order of pro- 
 hibition [as to future nuisances in a house unfit for human habi- 
 tation]. 
 
 10 & 11 Vict, 
 c. 62, s. 8. 
 
 Id. s. 10. 
 
 Id. s. 11. 
 
 Id. s. 12. 
 
 16 & 17 Vict. 
 c. 89, s. 12. 
 
 Id. s. 16. 
 
 18 & 19 Vict. 
 c. 121, s. 14 
 {Note 196). 
 
 Id. 
 
 196 ft^o may prosecute for Offences — Service of Summons, ^c. — Incorporation of Jervis' s 
 Act.] The local authority (who are defined by s. 3, vide Part III) may order proceedings 
 to be taken for the recovery of any penalties, and for the punishment of any persons 
 offending against the act, and pay the expenses of such proceedings (s. 30). Copies of 
 resolutions of local authority receivable as evidence (s. 32). The service of notices, sum- 
 monses and orders under the act may be by delivering at residences of persons, and where 
 addressed to the owner or occupier of premises may be by delivering to some person upon 
 the premises, or if no such person, by affixing on the premises, or if the person shall 
 
 Digitized by Microsoft® 
 
CHAP. II,] 
 
 NAVY, &c.— NUISANCES. 
 
 427 
 
 Tlrae of laying 
 Information, 
 
 2\ Within 
 3) 6 oal. m. 
 (11 & 12 Vict 
 C.43, s. U). 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 5 
 6 
 
 1} 
 
 1 Within 6 
 
 cal. m. 
 (11 & 12 Vict, 
 c. 43, s. 11). 
 
 Id. 
 
 Number 
 and wliat 
 Justices to 
 convict. 
 
 One 
 
 (see 
 s. 13). 
 
 Two 
 (s. 10). 
 
 One 
 (s. 13). 
 
 Id. 
 
 One 
 
 (s. 12). 
 
 One. 
 
 Two 
 
 (ss. 
 
 19, 38). 
 
 Id. 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing. 
 
 Not exc. £5 (s. 8);— in default of 
 payment imprisonment with or 
 without h. 1. for not exc. 6 cal. 
 m., unless sooner paid (s. 13). 
 
 Punished as a rogue and vagabond 
 (s. 10); — i.e. impr. with h. 1. for 
 not exc. 3 cal. m. (5 Geo. 4, »;. 83 
 
 s. 4). 
 
 £30 (s. 11 ) ; — recovered as Offences 
 2, 3, supra. 
 
 £100 (s. 12) i— recovered as Of- 
 fences 2, 3, supra. 
 
 Not exc. £10, and recovered under 
 10 & 11 Vict. c. 62 (s. 12);— in 
 default of payment, impr. with or 
 without h. 1. for not exc. 6 cal. 
 m., unless sooner paid (10 & 11 
 Vict. c. 62, s. 13). 
 
 Same punishment as Offence 4, 
 supra (s. 16). 
 
 Not exc. 10.?. per day during de- 
 fault (s. 14); — recovered by dis- 
 tress (n & 12 Vict. c. 43, s. 19, 
 ante, p. 175) ; — in default impr, 
 for not exc. 3 cal. m., unless 
 sooner paid (Id. s. 22 ; see ante, 
 p. 179). 
 
 Not exc. 20s. per day during such 
 contrary action (s. 14) ; — reco 
 vered as Offence 1, supra. 
 
 If Ap- 
 peal, and 
 Time, 
 4c 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 Penalty, Sec. 
 to whom 
 pajabie. 
 
 Half, to inf. 
 
 and half to 
 
 Greenwich 
 
 Hospital 
 
 (s. 13). 
 
 Same as 
 
 Offences 
 
 2, 3. 
 
 Id. 
 
 Id. 
 
 If local 
 authority 
 
 the inf., to 
 them 
 
 (s. 38); if 
 other 
 
 person, the 
 CO. treas. 
 (see ante, 
 p. 190). 
 
 Id. 
 
 reside more than five miles from the office of the inspector, then by a registered letter 
 through the post (s. 31). Several persons may be joined in the same complaint and 
 summons (s. 33). One or more joint owners may be proceeded against (s. 34). The 
 owner or occupier may be designated as such in proceedings without name or further 
 description (s. 35). By s. 38, penalties imposed by the act for offences committed, and 
 sums of money ordered to be paid under the act, may be recovered by persons thereto 
 competent in England, according to the provisions of the 11 & 12 Vict. c. 43. 
 
 Digitized by Microsoft® 
 
428 
 
 Summary Convictions. 
 
 [PAKT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 NUISANCES— con?!TOsd. 
 
 3. Having unwholesome Meat, Sfc.'] The person to whom the following 
 articles seized by the sanitary inspector as unfit for the food of 
 man, and ordered by a justice to be destroyed, belongs, or in 
 whose custody the same is found : any carcase, meat, poultry, 
 game, flesh, fish, iruit, vegetables, corn, bread or flour, exposed 
 for sale, or in the course of or on their way to slaughtering, 
 dressing, or preparation for sale or use, or landed from any ship 
 or vessel in any port in England. 
 
 Carrying on noxious Trades.'] Owner, occupier or foreman of any 
 candle-house, melting-house, melting place or soap-house, or any 
 slaughter-house, or any building or place for boiling offal or blood, 
 or for boiling, burning or crushing bones, or any manufactory, 
 building or place used for any trade, business, process or manu- 
 facture causing eiBuvia (certified to local authority as a nuisance), 
 not using the best practical means for abating the nuisance, &c. 
 
 5. Person permitting overcrowding of a house as to be dangerous or 
 
 prejudicial to the health of the inhabitants, the inhabitants con 
 sisting of more than one family. 
 
 6. Obstructing Act.'] Refusing to obey justices' order for admission on 
 
 premises of the local authority or officers (s. 11), 
 
 7. Wilfully obstructing any person acting under the act. 
 
 8. Occupier not complying with justices' order to permit execution of 
 
 works required. 
 
 [ The act also imposes penalties far corrupting streams, Sfc, of water 
 by gas washings, which are recoverable by action (ss. 23, 24, 25).] 
 
 18 & 19 Vict. 
 c. 121, s. 26 
 (Note 196). 
 
 Id. s. 27. 
 
 Id. s. 29. 
 
 Id. s. 36. 
 
 Id. ». 37. 
 
 197 Provisoes.] — There are several provisoes applicable to this offence j one, by s. 27, 
 " that the justices may suspend the final determination in any such case, upon condition 
 that the person so complained agaiiist shall undertake to adopt, within a reasonable time, 
 such means as the said justices shall judge to be practicable, and order to be carried into 
 effect for abating such nuisance, or mitigating or preventing the injurious effects of such 
 eifluvia, orshall give notice of appeal in the manner provided by this act, and shall enter into re- 
 cognizances to try such appeal, and shall appeal accordingly." Fide appeal clause. Note 197 a- 
 Also (s. 27), that this enactment "shall not extend or be applicable to any place without 
 the limits of any city, town, or populous district." Also (s. 28), " that if upon his appear- 
 ance, the party complained against object to have the matter determined by such justices, 
 and enter into recognizance, with sufficient sureties to be approved by the justices, to 
 abide the event of any proceedings at law or in equity, the local authority is to abandon 
 the proceeding before the justices, and take proceedings at law or in equity for abating the 
 nuisance. 
 
 197 a Appeal.] By the note 197, the justices may suspend their determination, if the 
 party gives notice of appeal in the manner provided by the act Sect. 40 contains the 
 following provisions as to the appeal : — Appeals under this act shall be to the court of quarter 
 sessions held next after the making of the order appealed against j— hut the appellant shall 
 not be heard in support of the appeal, unless within fourteen days after the making of the 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 NUISANCES. 
 
 429 
 
 Time of laying 
 iDformatto&j 
 
 Number 
 and what 
 JuBtlces to 
 
 Penally, &c. 
 and 
 
 If Ap- 
 peal, and 
 Tin)e 
 
 Penally, &c. 
 to whom 
 
 Page, SiC. 
 of 
 
 &c. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c. 
 
 payable. 
 
 FormullBt. 
 
 3 Within 
 
 Two 
 
 Not exc. £10 for every carcase, fish, 
 
 No. 
 
 If local au- 
 
 
 6 cal. m. 
 
 (ss. 19, 
 
 or piece of meat, flesh or fish, or 
 
 
 thority the 
 
 
 (11 &12 
 
 38). 
 
 any poultry or game, or parcel of 
 
 
 informer, to 
 
 
 Vict. c. 43, 
 
 
 fruit, vegetables, corn, bread or 
 
 
 them(s.38); 
 
 
 ». 11). 
 
 
 flour so found (s. 26) ;— recovered 
 as Offence 1, supra. Meat to be 
 destroyed by justices' order. 
 \See also title " Sheep," for this of- 
 fence in a market.'] 
 
 
 if other 
 person, the 
 CO. treas. 
 (see ante, 
 p. 190). 
 
 
 4 Id. 
 
 Two, in 
 
 \st Offence. Not more than £5 nor 
 
 Yes 
 
 Id. 
 
 . • 
 
 
 petty 
 
 less than 40s. 
 
 [Note 
 
 
 
 
 sessions 
 
 2nd Offence. iglO. 
 
 197a). 
 
 
 
 
 (s. 27). 
 
 Subsequent conviction. Double the 
 sum imposed for the last pre- 
 ceding conviction, but not to ex- 
 ceed £200 (s. 27). 
 
 Recovery.'] As Offence 1, supra. 
 (See Note 197.) 
 
 
 
 
 5 Id. 
 
 Two 
 (s, 29). 
 
 Not exc. 40s. and order to abate 
 nuisance (s. 29) j — recovered as 
 Offence 1, supra. 
 
 No. 
 
 Id. 
 
 •• 
 
 61 Id. 
 7/ 
 
 Two 
 
 Not exceeding £5 (s. 86) ; — reco- 
 
 No. 
 
 Id. 
 
 , , 
 
 (ss. 19, 
 
 vered as Offence 1, supra. 
 
 
 
 
 
 38). 
 
 
 
 
 
 8 Id. 
 
 Id. 
 
 Not exc. £6 for every day during 
 the continuance of such non-com- 
 pliance (s. 37); — recovered as 
 Offence 1, supra. 
 
 No. 
 
 Id. 
 
 No. 2, 
 p. 177. 
 
 order appealed against, he give to the local authority notice in writing stating his inten- 
 tion to bring such appeal, together with a statement in writing of the grounds of appeal, — 
 and shall within two days of giving such notice enter into a recognizance before some 
 justice of the peace, within sufficient securities, conditioned to try such appeal at the said 
 court, and to abide the order of and pay such costs as shall be awarded by the justices at 
 such court on any adjournment thereof; — and the said court, upon hearing and finally de- 
 termining the matter of the appeal, may, according to its discretion, award such costs to 
 the party appealing or appealed against as they shall think proper, and its determination 
 in or concerning the premises shall be conclusive and binding on all persons to all intents 
 or purposes whatsoever :— provided always, that if there be not time to give such notice 
 and enter into such recognizances as aforesaid, then such appeal may be made to, and 
 such notice, statement and recognizance be given and entered into for, the next sessions 
 at which the appeal can be heard j —provided also, that on the hearing of the appeal, no 
 groifnds of appeal shall be gone into or entertained other than those set forth in such 
 statement as aforesaid; — provided also, that in any case of appeal, the court of quarter 
 sessions may, if they think fit, state the facts specially for the determination of her Ma- 
 jesty's Court of Queen's Bench, in which case it shall be lawful to remove the proceedings, 
 by writ of certiorari or otherwise, into the said Court of Queen's Bench." 
 
 Digitized by Microsoft® 
 
430 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 NUISANCES— co7!«B«e<i. 
 
 9. Whoever wilfully obstructs any person acting under the authority or 
 employed in the execution of " The Diseases Prevention Act, 
 1855," 
 
 and 
 10. Whosoever wilfully violates any direction or regulation issued by the 
 General Board of Health. 
 
 OVEESEERS. 
 
 1, Constables Acts^ Neglecting or refusing 
 
 to sign list of persons agreed to in vestry qualified and liable to 
 serve as constables, 
 or 
 
 2 to make out, sign and publish true copies (s. 8), 
 
 or 
 
 3 knowingly leaving out the name of any person who ought to be 
 included therein, 
 
 or 
 
 4 knowingly making a false return. 
 
 Jurors Act-I Various offences under the act relating to jurors, as to 
 making out and returning the lists, &c. 
 
 [See titles "Beerhouses," Offences 20 to 24, ante, pp. 240, 242; 
 " Dead Bodies ,■" " Highways," Offence 68, ante, p. 338 ; " Lu- 
 natics," ante, p. 366 ; " Poor ;" and 15 & 16 Vict. c. 81, s. 8, as 
 to county rates.] 
 
 PASSENGER SHIPS or PASSENGERS' STEAMERS. 
 
 [See titles " Ship's Passengers," post; and "Merchant Shipping," 
 ante, p. 392, &c.] 
 
 PAVING, &o. TOWNS, see tit. " Towns Improvement Act," post. 
 
 PAWNBROKERS. 
 
 I. Offences by Pawnbrokers, p. 430. 
 II. Illegal Pawning, Forging Duplicates, &c. p. 436. 
 
 I. Offences by Pawnbrokers, &c. (Note 198). 
 1. Neglecting or refusing to attend justice's summons with books, note, 
 voucher, memorandum, duplicate or paper, on any complaint 
 before such justice, where production necessary, 
 
 2. To produce books, &c. in their true and perfect state. 
 
 18 & 19VicL 
 c. 116, s. 14. 
 
 & 6 Vict. 
 109, s. 9. 
 
 6 Geo. 4, 
 
 i;. 50, s. 45. 
 
 9 & 40 Geo. 3, 
 c. 99, s. 25 
 {Note 198). 
 
 198 WAo are deemed to be Pawribrokers.l By 19 & 20 Vict. c. 27, s. 1, after recitinir 
 {inter alia) that "attempts are made to evade the provisions of the said acts [25 Geo 3, 
 c. 48, and 55 Geo. 3, c. 184, as to stamps on the licence, and 39 & 40 Geo. 3, c. 99} by 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 NUISANCES-PAWNBROKERS. 
 
 431 
 
 lime of laying 
 Information. 
 
 Number 
 and what 
 Jui-tices to 
 
 Penalty. &c. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, 4c. 
 to wnom 
 
 Page, &c. 
 of 
 
 &c. 
 
 convict. 
 
 Mode of enforcing. 
 
 Sec. 
 
 payable. 
 
 FormullBt. 
 
 9 ^ Within 
 
 Two 
 
 Not exceeding £5 (s. 14) [—reco- 
 
 No. 
 
 If local au- 
 
 
 10 S 6 cal. m. 
 
 (18 & 
 
 vered as Offence No. 1, supra 
 
 
 thority the 
 
 
 (11 & 12 Vict. 
 
 19 
 
 (s. IS). 
 
 
 informer, to 
 
 
 0.43,5.11). 
 
 Vict. 
 
 o. 121, 
 
 ss. 19, 
 
 38). 
 
 
 
 them(s.38); 
 
 if other 
 
 person, the 
 
 CO. treas. 
 
 (see ante, 
 
 p. 190). 
 
 
 n Within 
 if 6cal. m. 
 
 Two. 
 
 Not more than £5 (s. 9); — levied 
 
 No. 
 
 Applied in 
 
 Nos. 
 
 
 by distress (s. 24) ; — imprison- 
 
 
 aid of poor's 
 
 1-4, 
 
 (11 & 12 Vict 
 
 
 ment, in default of distress, under 
 
 
 rates where 
 
 p. 178. 
 
 t. 43, s. 11). 
 
 
 11 & 12 Vict. c. 43, s. 22 (see 
 ante, p. 179), for not exceeding 3 
 calendar months, unless sooner 
 paid. 
 
 
 offence 
 
 committed 
 
 (s. 25), 
 
 
 Id. 
 
 One 
 
 Not exceeding £10 nor less than 
 
 No. 
 
 Complain- 
 
 
 
 (s. 55). 
 
 40s. (s. 45), — may be mitigated 
 to one moiety; — recovered by 
 distress ; — if insufScient, impri- 
 sonment, for not exceeding 6 
 calendar months, unless penalty 
 sooner paid (s. 55). 
 
 
 ant (s. 55). 
 
 
 1 1 Within 
 2/ 12 cal. m. 
 
 One 
 
 Not exceeding £10 nor less than 
 
 Yes 
 
 Moiety to 
 
 No. 1, 
 
 near to 
 
 £5 (s. 25) ! — levied by distress 
 
 (s. 35, 
 
 complain- 
 
 p. 178. 
 
 (s. 27, 
 
 the 
 
 (s. 26 ) ; — in default, imprison- 
 
 Note 
 
 ant, and 
 
 
 Note 199, 
 
 place. 
 
 ment, under 11 & 12 Vict. c. 43, 
 
 200, 
 
 remainder 
 
 
 post, p. 432). 
 
 
 s. 22 (ante, p. 179), for not ex- 
 
 post, 
 
 to poor of 
 
 
 
 
 ceeding 3 calendar months, un- 
 
 p.432). 
 
 par. where 
 
 
 
 
 less sooner paid. 
 
 
 offence 
 
 committed 
 
 (s. 26). 
 
 
 persons who receive goods and chattels into their possession, and advance money thereon, 
 under the pretence that the transaction is a sale and purchase of such goods and chattels, 
 and not a receiving or taking of the same by way of pawn or pledge ; and it is expedient 
 Digitized by Microsoft® 
 
432 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 statute. 
 
 PAWNBROKERS— con^iiued. 
 
 T. Offences by Pawnbrokers, &c. — continued. 
 
 3. Any person knowingly buying or taking in as a pledge or^awh or in^ 
 
 exchange, goods in the course of manufacture and unfinished, or 
 linen or apparel entrusted to wash, scour, iron, mend, manufacture, 
 work up, finish or make up. 
 
 4. Refusing to deliver up gdods pawned on order of justices {Note 201)- 
 
 [N.B. The pawnbroker is entitled to be examined on oath in answer 
 to the charge (7 J. P. 696).] 
 
 5. Taking more than the legal interest (Nate 202)- 
 
 6. Refusing to give a copy of a pawn ticket lost, tnislaid, destroyed or 
 
 fraudulently obtained, with form of declaration, &c. 
 
 7. Selling goods pawned before a year, and in the manner required, 
 
 or 
 
 8. Before a year and 3 calendar months, if notice given (s. 19). 
 
 39 & 40 Geo. ."i, 
 c. 99, s. 11 
 (Note 198). 
 
 Id. s. 14. 
 
 Id. ss. 2, 3, i, 5. 
 
 Id. s. 16. 
 
 Id. ss. 17, 18. 
 
 to amend the said acts, with a view to prevent such evasions and the mischiefs arising 
 therefrom ;" — enacts, that " the following shall be deemed to be persons using and 
 exercising the trade and business of a pawnbroker within the mfeaning of the several acts 
 aforesaid and subject and liable to all the provisions and regulations thereof in relation to 
 pawnbrokers, as well as the persons who by or under the said acts or any of them are 
 declared or deemed to be persons using or exercising the said trade or business (that is 
 to say); — every person who shall keep a house, shop or other place for the purchase or 
 sale of goods or chattels, or for taking in goods or chattels by way of security for money 
 advanced thereon, and shall purchase or receive or take in any goods or chattels, and pay 
 or advance or lend thereon any sum of money not exceeding jglO with or under any agree- 
 ment or undertaking, express or implied, or which from the nature or character of the. 
 dealing may reasonably be inferred, that such goods or chattels may be afterwards 
 redeemed or repurchased on any terms whatever." Sect. 2 of the same act (noticed 
 Chap. 3, post, being an inland revenue penalty) imposes a penalty on such persons for not 
 taking out proper licences. 
 
 199 JVho to prosecute Pawnbrokers.'] By s. 28, — " the churchwardens and overseers of 
 the poor of any parish or place where any offence shall be supposed to have been com- 
 mitted by any pawnbroker against this act, — or some or one 6f such ofiicers, — at the 
 discretion or direction of any justice of the peace, and to be nominated by him, shall, on 
 having notice from such justice of the peace of such offence being supposed to have been 
 committed, — prosecute every offender for every offence so committed against this act, at 
 the expense of the respective parish whereof they are, or shall be for the time being, stich 
 ofiicers ;" but where no such direction is given, any other person may prosecute it is 
 presumed (13 J. P. 675) ; — and by s. 29, "no p6rsbn who has been convicted of any fraud, 
 or of obtaining money under false pretences, or of any felbny whatsoever, shall be allowed 
 to prosecute or inform against ccny person for any offence committed against this act." 
 
 200 ■Appeal.'] By 39 & 40 Geo. 3, c. 99, s. 35,— " if stny person convicted of any 
 offence punishable by this act shall think himself aggrieved, such person shall have liberty 
 to appeal to the justices at the next general or quarter sessions of the peace,- the person 
 so convicted entering into a recognizance at the time of such conviction, with two sufficient 
 sureties, in tlouble the sum which such person shall have been adjudged to pay or forfeit, 
 upon condition to prosecute such appeal with effect, and to be forthcoming to abide the 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 PAWNBROKERS. 
 
 433 
 
 Time of laying 
 iDfurmation, 
 
 Number 
 and what 
 Jubtjce. to 
 
 Penalty, &c. 
 and 
 
 rf Ap- 
 peal, and 
 Time 
 
 Penally, Sec 
 to whom 
 
 PaBe,*c 
 of 
 
 convict. 
 
 Mode of enforcing. 
 
 &c. ' 
 
 payable. 
 
 Formuilt-t. 
 
 3 Within 
 
 One 
 
 Forfeit double the sum given or 
 
 Yes 
 
 Poor of par. 
 
 Nos. 2, 3, 
 
 12 cal. m. 
 
 near to 
 
 lent, — and to restore the goods 
 
 (s. 35, 
 
 where of- 
 
 p. 179. 
 
 (s.27, 
 
 the 
 
 (s. 11) i— amount levied by dis- 
 
 Note 
 
 fence com- 
 
 
 Note 199). 
 
 place. 
 
 tress, &c. as Ofl'ences 1, 2, supra. 
 
 200). 
 
 mitted 
 (s. 11). 
 
 
 4 Id. 
 
 Id. 
 
 Committal to prison till goods de- 
 livered up or satisfaction made 
 (s. 14). 
 
 Id. 
 
 
 Nos. 
 7-9, 
 p. 180. 
 
 5 Id. 
 
 Id. 
 
 Nor less than 40*. nor more than 
 
 Id. 
 
 As Offences 
 
 No. 10, 
 
 
 
 £10 (s. 26);— levied, &c. as Of- 
 
 
 1,2. 
 
 p. 180. 
 
 
 
 fences 1, 2, supra. 
 
 
 
 
 6 Id. 
 
 Id. 
 
 The like. 
 
 . Id. 
 
 Id. 
 
 No. 11, 
 
 pp. 
 180, 181. 
 
 7\ Id. 
 
 8/ 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 No. 12, 
 
 
 
 
 
 p. 181. 
 
 judgment and determination of the justices in their said next general or quarter session, 
 and to pay such costs as the said justices in such session shall award on such occasion ; — 
 and the justices in the said general or quarter session shall finally determine the matter of 
 the said appeal, and award such costs as to them shall appear just and reasonable to be 
 paid by either party ; — and if, upon the hearing of the said appeal, the conviction be 
 affirmed, such appellant shall immediately pay the sum which he or she shall have been 
 adjudged to forfeit, together with such costs as the justices in the said general or quarter 
 session shall award to be paid, or, in default of making such payment, shall suffer the re- 
 spective fines and penalties by this act inflicted upon persons respectively, who shall 
 neglect to pay or shall not pay the respective sums or forfeitures imposed upon persons 
 who shall be convicted by virtue of this act." 
 
 201 Forms.'] Vide forms of application of borrower against pawnbroker (which should 
 be made in the form of a solemn declaration), summons, and justices' order to deliver goods 
 pawned to the owner, Nos. 4—6, pp. 179, 180, Oke's " Formulist," 2nd edit. By s. 15, a 
 person producing the pawn ticket is to be deemed the owner of the goods pawned. 
 
 202 Riites of Interest allowed to he taken by Pawnbrokers.'] Where the sum lent does 
 not exceed 2s. 6d., id. for not exceeding one calendar month and the same for every 
 calendar month afterwards, including the current month in which the pledge is redeemed, 
 although not expired. Where the sum lent exceeds 2s. 6d. and not 5s., Id. ; — 5s. and not 
 7s. 6d., Id.;— 7s. 6d. and not 10s., l^d. ;— 10s. and not 12s. 6d., 2d.; — l2s. 6d. and not 
 15s., 2id. J — 15s. and not 17s. 6d., 3d. ;— 17s. 6d. and not 20s., S^d. ;— 20s. and not 22s. 6d., 
 id. ; — and so on progressively and in proportion for any sum not exceeding 40s. ; — where 
 the sum lent is exceeding 40s. and not exceeding 42s., &d. j —exceeding 42s. and not exceeding 
 £1 6, 3d. for every 20s. lent by the calendar month, including the current month, and so on in 
 proportion for any fractional sum (s. 2). When the intermediate sum lent exceeds 2s. 6d., 
 but does not exceed 40.!., the rate of id. and no more for the loan of 20s. by the calendar 
 month, including the current month, is to be taken (s. 3). Pawnbrokers to give farthings 
 in change (s. 4). Sect. 5, limits the profits for part of a month, by providing that where 
 the goods are redeemed within the space of seven days of a subsequent month after a pre- 
 vious month or months expired, no profit is payable for the seven days ; after seven days 
 and before expiration of fourteen days, profit for half a month is payable ; but after four, 
 teen days, profit for a whole month can be taken. 
 
 O.S. VF 
 
 Digitized by Microsoft® 
 
434 
 
 Summary Convictions, 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 PAWNBROKERS— con«nMcrf. 
 
 I. Offences by Pawnbrokers, &c.— continued. 
 
 9. Purchasing any pawned goods while in his custody as a pledge, ex- 
 cept at public auction, 
 or 
 
 10. Suffering same to be redeemed with intention to purchase, 
 
 or 
 
 11. Making, or causing to be made, any agreement for purchase ,of same 
 
 before the expiration of one year, 
 or 
 
 12. Taking pledges from persons apparently under 12 years of age, or 
 
 intoxicated with liquor. 
 
 \_In the Metropolis the age is under 16. See 2 Sf S Vict, c. 47, 
 s. 50 J 2^3 Vict. c. 94 {local, City), s. 34.] 
 
 IS. Not keeping books, or not giving a tickei to pawner as directed 
 {vide s. 6, Note 203)- 
 
 14. Buying goods in the course of trade before 8 o'clock, a.m., or after 
 
 7 P.M., throughout the y,ear, 
 or 
 
 15. Employing any person under 16 years of age to take in pledges, 
 
 or 
 
 16. Carrying on trade on a Sunday, Good Friday, Christmas day, or fast 
 
 or thanksgiving day. 
 
 17. Taking, or permitting or suffering to be taken, 
 
 in goods in pawn before 8 o'clock, a.m. or after 7 o'clock, p.m. 
 between Michaelmas Day (29 Sept.) and Lady Day (25 March), 
 
 or 
 
 18. Before 7 a.m. or after 8 p.m. during the remainder of the year (25th 
 
 March to 29th September). 
 
 [Except only, in both cases, until 11 o'clock on the evenings of 
 Saturday throughout the year, and the evenings preceding 
 Christmas day. Good Friday and a public fast or thanks- 
 giving day.J 
 
 19. Not placing name and the word "pawnbroker" over door for one 
 
 week. 
 
 20. Not exhibiting a table of interest. 
 
 21. Taking a pledge without giving a duplicate, where the goods were 
 
 pawned in an assumed name, 
 
 or 
 
 22. Not giving a note legibly written describing the thing pawned. 
 
 39 & 40 Geo. I 
 c. ^9, s. 21 
 {Note 198). 
 
 Id. ». 26. 
 
 Id. s. 21. 
 
 Id. and 
 
 9 & 10 Vict. 
 
 c. 98. 
 
 39 & 40 Geo. i 
 c. ^^, s. 23 
 (JV^»tel98). 
 
 Id. s. 22. 
 Id. s. 6. 
 
 »i, ^^^ -Of"" on-] The case of Ferguson v. Norman (8 L. J. (N. S.) P 31 dpcidpH rtiat if 
 the pawnbroker fad in making entries of the good^ pledged with Wm no VropertJ In thf 
 
 Digitized by Microsoft® 
 
CHAP. 11.] 
 
 PAWNBROKERS. 
 
 435 
 
 I'ime of laying 
 InrdrmatioQ, 
 
 9) 
 121 
 
 Within 
 12 cal. m. 
 
 (s. 27, 
 NotelQQ) 
 
 13 Id. 
 
 Number 
 
 and what 
 
 Justices to 
 
 convict 
 
 One 
 
 near to 
 
 the 
 place. 
 
 } ■'■ 
 
 17 \ Id. 
 
 18 f 
 
 19 Id. 
 
 20\ Id. 
 22/ 
 
 Id. 
 
 Id. 
 
 One 
 
 or more 
 
 Peaalty. &c. 
 
 anu 
 
 Mode or enforcinef. 
 
 Two, 
 near to 
 
 the 
 place. 
 
 One 
 
 or more. 
 
 Not less than iOs. nor more than 
 £10 ; — levied by distress (s. 26) ; 
 — in default, imprisonment, un- 
 der 11 & 12 Vict. c. 43, s. 22 
 (ante, p. 179), for not exceeding 
 3 calendar months, unless sooner 
 paid. 
 
 Not exc. £10 ;— levied by distress, 
 and impr. as Offences 9 — 12, 
 supra. 
 
 Not less than 40s. nor more than 
 £10; — levied by distress (s. 26) ; 
 —in default, imprisonment under 
 11 & 12 Vict. c. 43, s. 22 {ante, 
 p. 179), for not exceeding 3 cal. 
 m., unless sooner paid. 
 
 Not less than 20s. nor exc. £5 ; — 
 levied by distress (9 & 10 Vict, 
 c. 98); — in default, imprisonment 
 under 11 & 12 Vict. c. 43, s. 22 
 {ante, p. 179), for not exceeding 
 3 calendar months, unless sooner 
 paid. 
 
 £10 for every shop ;— recovered by 
 distress; — if insufficient, impr, 
 for not exceeding 3 cal. m. nor 
 less than 14 days, unless sooner 
 paid (s. 2.3). 
 
 Not less than 40s. nor more than 
 £10 (s. 26);— levied by distress, 
 &c., as Offences 14 — 16, supra. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Yes 
 
 (s.35, 
 Note 
 
 200). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, Sec. 
 to whom 
 payable. 
 
 As Offences 
 1, 2. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Poor of par. 
 where 
 offence 
 
 committed 
 (s. 11). 
 
 Id. 
 
 Page, Sic. 
 
 of 
 FormullsU- 
 
 No. 13, 
 p. 181. 
 
 No. 14, 
 p. 181. 
 
 Nos. 
 
 15, 16, 
 
 pp. 
 
 181, 182. 
 
 No. 18, 
 p. 182. 
 
 No. 21, 
 
 pp. 
 182, 183. 
 
 goods is vested in him, nor has he any lien upon them for the money advanced. 
 
 rr2 
 Digitized by Microsoft® 
 
436 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 PAWNBROKERS— core«»iMcd. 
 
 II. Illegal Pawning, Forging Duplicates, &c. f^Note 204)- 
 23. Any person who shall knowingly and designedly pawn, pledge, — or 
 exchange. 
 
 24. Unlawfully dispose of,— . 
 
 the goods of any other person, not being employed or authorized 
 by the owner thereof so to do. 
 
 25. Any person counterfeiting, forging or altering, 
 
 or 
 
 26. Causing or procuring to be counterfeited, forged or altered, 
 
 any note or memorandum (the pawn ticket), 
 or 
 
 27. Uttering, vending or selling such note, &c., knowing it to he coun- 
 
 terfeited, &c, with intent to defraud any person. 
 
 [See Offences 19 to 52, tit. "Poor," post; and see s. 10 as to 
 punishment of persons not giving a good account of them- 
 selves on offering to pawn goods.] 
 
 POLICE OF TOWNS (Note 204 a)- 
 
 1. Constable resigning or withdrawing himself without leave of the 
 
 superintending constable or commissioners, or one month's notice. 
 
 2. Constables dismissed not delivering up accoutrements. 
 
 Persons having unlawful possession of accoutrements of constables, 
 — or assuming the dress of constables. 
 
 i9&40Geo.3, 
 c. 99, s. 8 
 {NotelQS)- 
 
 Id. s. 9. 
 
 10 & 11 Vict. 
 c. 89, s. 10. 
 
 Id.s. 11. 
 
 Id. s. 12. 
 
 204 Search Warrant for Goods — Observation on unlawfully Pawning — Restitution of Goods 
 unlawfully Pawned, 8;c.'] A search warrant may be granted for goods unlawfully pawned 
 (s. 13) ; as also for unfinished goods, &c. (s. 12, see these sections at length in Part III. of 
 this Work, and the Forms in Oke's " Formulist," 2nd edit., pp. 498, 499). As to when 
 the offence amounts to unlawfully pawning or to larceny, the rule is, if it appear that the 
 goods were pledged for a temporary purpose, with the intention and a reasonable expecta- 
 tion of redeeming them, the offence is unlawfully pawning ; but if the party intended 
 permanently to deprive the owner of them, and had no intention or reasonable expectation 
 of redeeming them, it is larceny (R. v. Petheon, 9 C. & P. 552 ; and Treatise, 8 J. P. 35 j 
 Stone's Manual, 264. ). The Sth section authorizes a warrant to be issued " to apprehend 
 any person so offending." This provision must be considered, we apprehend, as supple- 
 mental to Jervis's Act, which authorizes either a summons or warrant to be issued in the 
 first instance on an information for an offence (see ante, p. 113). It is the practice in 
 i^ondon verbally to order the goods pawned, when produced at the hearing of this charge, 
 
 Digitized by Microsoft® 
 
CHAP. II.] PAWNBROKERS-POLICfi OF TOWNS, 
 
 437 
 
 Time of laying 
 
 Information, 
 
 ic. 
 
 Number 
 and what 
 Justices 10 
 
 convict. 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 Hcc. 
 
 Penally, *c. 
 to wfiom 
 payable. 
 
 P.ge,^*c. 
 Formulfst. 
 
 23 \ Within 
 24/ 6cal.m. 
 
 One 
 
 Not exc. £5 nor less than 20»., and 
 
 Yes 
 
 Making 
 
 No. 23. 
 
 (s. 8). 
 
 full value of goods pawned, &c. i 
 
 (s. 35, 
 
 satisfaction 
 
 > 
 pp. 
 
 (11 & 12 Vict. 
 
 
 —in default of payment forth- 
 
 Note 
 
 to party in- 
 
 183, 184. 
 
 c. 43, s. 11, 
 
 
 with, impr. with h. 1. for not exc. 
 
 200)- 
 
 jured, and 
 
 
 see Note 199). 
 
 
 3 cal. m. unless sooner paid ; — 
 and public whipping if not paid 
 within 3 days before the expira- 
 tion of impr. (s. 8). 
 
 
 defraying 
 
 costs, — and 
 
 remainder 
 
 to use of 
 
 poor (s. 8). 
 
 
 25 ^ Id. 
 
 One. 
 
 Imprisonment for not exceeding 3 
 
 Id. 
 
 
 Nos. 
 
 27 ) (Offender 
 
 
 calendar months (s. 9). 
 
 
 
 25, 26, 
 
 may be 
 
 
 
 
 
 p. 184. 
 
 detained.) 
 
 
 [Mem. The person committing Offence 
 27 may be detained by the person, 
 or his servants or agents, to whom 
 such note, S[c. uttered or produced, 
 shown or offered, if he or they sus- 
 pect same to be counterfeit (s. 9).] 
 
 
 
 
 1 Within 
 
 Two 
 
 Not exc. £5, or, at discretion, impr. 
 
 Yes 
 
 Not exc. 
 
 
 6 cal. m. 
 
 (8 & 9 
 
 not exc. 14 days, and forfeit all 
 
 (see 
 
 half to inf., 
 
 
 (8 & 9 Vict. 
 
 Vict. 
 
 arrears of pay (s. 10) ; — penalty 
 
 Note 
 
 and rem. to 
 
 
 c.20,ss.l51,3, 
 
 c. 20, 
 
 recovered by distress (8 & 9 Vict 
 
 204a) 
 
 overs, in aid 
 
 
 ■^^»<«204a)- 
 
 s. 145, 
 
 u. 20, s. 145) ;— if distress in- 
 
 
 of poor rate 
 
 
 
 Note 
 
 sufficient, impr. without bail for 
 
 
 (8 & 9 Vict. 
 
 
 
 204 a). 
 
 not exc. 3 cal. m., unless sooner 
 paid (ss. 3, 147, Note 204 a)- 
 
 
 c.20,s.l50). 
 
 
 2 Id. 
 
 Id. 
 
 Impr. with or without h. 1. for not 
 exc. 1 month (s. 11). 
 
 Id. 
 
 Id. 
 
 •• 
 
 3 Id. 
 
 Id. 
 
 Not exc. £10 (s. 12); — ^recovered 
 as in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 ■• 
 
 to be delivered by the pawnbroker to the owner, should the person pawning be convicted, 
 and the sum ordered for their value, if paid, is handed to the pawnbroker as the party 
 injured. 
 
 804 a ^0 what Places the Act 10 Sf II Vict. c. 89 applies — Incorporated Provisions as to 
 Recovery of Penalties — Appeal.'] The offences under this title are enacted by " The 
 Town Police Clauses Act, 1847," which extends " only to such towns or districts as shall 
 be comprised in any act of parliament hereafter to be passed which shall declare that this 
 act shall be incorporated therewith" (s. 1). Also, by s. 73, the provisions as to recovery 
 of penalties contained in the 8 8; 9 Vict. c. 20 are incorporated with the 10 & 11 Vict. c. 
 89. Vide Note 54> ante, p. 256, as to a penalty on witnesses, and apprehension of 
 transient offenders, and Note 55> ante, p. 257, the requirements as to appeal, which 
 therefore equallv apply to this title. As to the operation of the County Constabulary 
 Act, 19 8s 20 Vict. c. 96 on this act of 10 & II Vict. .;. 89, see ss. 18—20 of the fprm?^ 
 act. 
 
 Digitized by Microsoft® 
 
438 
 
 Summary Convictions. 
 
 [PART I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 POLICE OF TOWNS — continued. 
 4. Constables guilty of any neglect or violation of duty. 
 
 10 & 11 Vict, 
 u. 89, S.16. 
 
 5. Assaulting or resisting,— or aiding or inciting any person to assault 
 or resist, — any constable. 
 
 6. Persons wilfully breaking orders of commissioners for preventing 
 obstructions in the streets during public processions, &e. 
 
 7. The like, as to the driving of stage carriages, &c. during divine 
 
 service. 
 
 8. Releasing, &c. cattle impounded found at large in the streets, — oi 
 
 damaging the pound. 
 
 9. Persons committing any of the following offences in streets :— ^eX' 
 
 posing animals for sale, or farrying them, &c.— suffering unmuz- 
 zled ferocious deg to be at large, &c. after notice, — slaughtering 
 cattle, — drivers riding upon waggons, &c., or not keeping proper 
 place on road,— driving more than two carts, — riding, &c. furiously, 
 — causing obstruction by waggon, &c. — riding, &c. upon footway, 
 — leaving goods, &c. on footway, — exposing goods for sale, &c. 
 over footway,— rolling casks, &c. on footway, — prostitutes loiter- 
 ing, — exposing person, — offering for sale indecent papers, &c. — 
 discharging fire arms, — ringing door bells wantonly,— flying kite, 
 — cleansing, &c. casks, &c. — laying down stones, &c.— beating 
 carpets, &c. — fixing articles on upper windows, — throwing articles 
 from roof of house, — occupier permitting person to stand on sill 
 of window, — leaving open vault or cellar, — leaving dirt or offal, 
 &c. on, or allowing offensive matter to run from factory, &q. — 
 keeping pigstye to the front of street 
 
 10. Person drunk and riotous, &c., in street, — or at station house. 
 
 11. Wilfully setting chimneys on fire. 
 
 12. Accidentally allowing chimneys to catch fire. 
 
 Id. s. 20. 
 
 Id. s. 21. 
 
 Id. B. 22. 
 
 Id. b. 26. 
 
 Id. s. 28. 
 
 Id. ». 29. 
 
 Id. b. 30. 
 
 Id. s. 31. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 POLICE OF TOWNS. 
 
 439 
 
 Time of layiogr 
 lorormatiou. 
 
 1 Within 6 
 
 cal. m. 
 
 (8 & 9 Vict. 
 
 c. 20, ss. 151, 
 
 3, Note 
 
 204 a). 
 
 Id. 
 
 Id. 
 
 1 Id. 
 
 8 Id. 
 
 9 Id. 
 
 10 Id. 
 
 11 Id. 
 
 12 Id. 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Two 
 (s. 16). 
 
 One 
 
 (s. 20). 
 
 Two 
 (8 & 9 
 Vict. 
 L-. 28, 
 s. 145, 
 Note 
 
 204 a). 
 Id. 
 
 Two 
 (s. 26). 
 
 One 
 
 (s. 28). 
 
 One 
 
 (s. 29). 
 
 Two (as 
 
 Offence 
 
 6). 
 
 One 
 
 (s.31). 
 
 Penaltv, Sic* 
 
 and 
 
 Mode of eoforcln^. 
 
 Not exc. |610 ; or, at discretion of 
 justices, impr. with or without 
 h. 1. for not exc. 1 month (s. 16) ; 
 — penalty recovered as in Offence 
 1, supra. 
 
 Not exc. £5 ; or, at discretion of 
 justice, impr. with or without 
 h. 1. for not exc. 1 month (s. 20) ; 
 — penalty recovered as in Offence 
 1, supra. 
 
 Not exc. 40s. (s. 21) ;— recovered 
 as in Offence 1, smpra. 
 
 The like (s. 22). 
 
 Imprisonment for not exceeding 3 
 months (s. 26). 
 
 Not exc. 40s. ; or, at the discretion 
 of the convicting justice, impr. 
 for not exc. 14 days (s. 28); — 
 penalty recovered by distress 
 (8 & 9 Vict. c. 20, s. 145);— if 
 distress insufficient, impr. with- 
 out bail for not exc. 3 cal. m. 
 unless sooner paid (ss. 3, 147 
 Note 204 a). 
 
 Not exc. 4fts., or impr. not exc. 7 
 days; — penalty recovered as in 
 Offence 1, supra. 
 
 Not exc. £5 (s. 30) ; — ^recovered as 
 in Offence 1, supra. 
 
 Not exc. 10s. (s. 31);— recovered 
 as in Offence 1, supra. 
 
 If Ap- 
 peal, and 
 Time, 
 tic. 
 
 Yes 
 
 (see 
 Note 
 
 204a) 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, tic. 
 to Whom 
 payable. 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 (8 & 9 Vict, 
 c. 20, 
 s. 150), 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 (8 & 9 Vict, 
 c. 20, 
 s. 150). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Page, &c 
 
 of 
 ForoiuliBt. 
 
 Digitized by Microsoft® 
 
440 
 
 Summary Convictions. 
 
 [part p 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 POLICE OF TOWNS— coB/inaed. 
 
 13. Victuallers harbouring police constables during time on duty. 
 
 14. Coffee shop keepers harbouring disorderly persons and thieves. 
 
 15. Persons keeping places for bear baiting, cock fighting, &c. 
 
 16. Persons found therein without lawful excuse. 
 
 17. As to Hackney Carriages.'] Persons applying for licence of commis- 
 
 sioners for hackney carriage signing an untrue requisition. 
 
 18. Proprietor of hackney carriage not giving notice of change of abode. 
 
 19. Plying for hire without licence for carriage. 
 
 20. Drivers acting without licence, — or proprietor employing such a 
 
 person. 
 
 21. Proprietor neglecting to retain driver's licence, or to produce same 
 
 to justices. 
 
 22. Neglecting or refusing to carry the prescribed number of persons in 
 
 carriage. 
 
 23. Driver refusing to drive. 
 
 2i. Demanding more than the sura agreed for. 
 
 25. Driver not carrying persons for the distance agreed upon. 
 
 26. Driver refusing to wait, or to account for deposit made for waiting. 
 
 27. Taking greater fare than is authorized by bye-law made under the 
 
 act. 
 
 28. Permitting persons to ride without consent of hirer. 
 
 29. Acting as driver without consent of proprietor. 
 
 10 & 11 Vict 
 c. 89, s. 34. 
 
 Id. ». 35. 
 Id. s. 36. 
 
 
 Id 
 
 
 Id 
 
 s 
 
 40. 
 
 Id. 
 
 s. 
 
 44. 
 
 Id 
 
 s 
 
 45. 
 
 Id. 
 
 s. 
 
 47. 
 
 Id. 
 
 s. 
 
 48. 
 
 Id. 
 
 s. 
 
 52. 
 
 Id. 
 
 s 
 
 53. 
 
 Id. 
 
 s. 
 
 54. 
 
 Id. s. 56. 
 
 Id. s. 57. 
 Id. s. 58. 
 
 Id. s. 59. 
 
 Id. s. 60. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 POLICE OF TOWNS. 
 
 441 
 
 Time of laying 
 InfoniiatloD, 
 
 13 Within 
 
 6 cal. tn. 
 
 (8 & 9 Vict. 
 
 c. 20, ss. 151, 
 
 3, Note 
 
 204 a)- 
 
 14 Id. 
 
 15 Id. 
 
 Number 
 anil what 
 Juhtices to 
 
 convict. 
 
 25 Id. 
 
 26 Id. 
 
 27 Id. 
 
 28 Id. 
 
 29 Id. 
 
 Two 
 
 (8 Se9 
 Vict, 
 c. 20, 
 
 s. 145, 
 Note 
 
 204 a) 
 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Not exc. 2O5. (s. 34); — recovered 
 as in Offence 1, supra. 
 
 Id. 
 
 16 
 
 Id. 
 
 Id. 
 
 17 
 
 Id. 
 
 Id. 
 
 18 
 
 Id. 
 
 Id. 
 
 19 
 
 Id: 
 
 Id. 
 
 20 
 
 Id. 
 
 Id. 
 
 21 
 
 Id. 
 
 Id. 
 
 22 
 
 Id. 
 
 Id. 
 
 23 
 
 Id. 
 
 Id. 
 
 24 
 
 Id. 
 
 Id. 
 
 If Ap- 
 peal, and 
 Time, 
 
 &c. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Yes 
 (see 
 Note 
 
 204a) 
 
 Id. 
 
 Id. 
 
 One 
 
 (s. 58). 
 
 Id. 
 Id. 
 
 Not exceeding £5 (s. 35) ; — reco 
 vered as in Offence 1, supra. 
 
 Not exc. £5, or, at discretion, impr. 
 with or without h. 1. for not exc. 
 1 month (s. 36); — penalty re- 
 covered as in Offence 1, supra. 
 
 Not exc. 5s. (s. 36) ; — recovered as 
 in Offence 1, supra. 
 
 Not exc. £10 (s. 40) ; —recovered 
 as in Offence 1, supra. 
 
 Not exc. 40s. (s. 44) ; recovered as 
 in Offence 1, supra. 
 
 The like (s. 45). 
 
 Not exc. 20s. (s. 47) ; recovered as 
 in Offence 1, supra. 
 
 Not exc. 40s. (s. 48); — recovered 
 as in Offence 1, supra. 
 
 The like (s. 52). 
 
 The like (s. 53). 
 
 The like (s. 54), and repayment of 
 excess (s. 55). 
 
 Not exc. 40s. (s. 56) ; — recovered 
 as in Offence 1, supra. 
 
 The like (s. 57). 
 
 The like, and overcharge returned 
 to party aggrieved (s. 58). 
 
 Not exc. 20s. (s. 59) ; — recovered as 
 in Offence 1, supra. 
 
 Not exc. 40s. (s. 60) ;— recovered as 
 in Offence 1, supra. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Not exc. 
 lialf to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 (8 & 9 Vict. 
 C.20, 
 s. 150). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Page, itc. 
 
 of 
 FormuliBt. 
 
 Digitized by Microsoft® 
 
442 
 
 Summary Conmctions. 
 
 [PAHT T. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 POLICE OF TOWNS— coKisnaed. 
 
 30. Drivers being drunk, or misbehaving, or causing hurt or damage. 
 
 \_See s. 63, as to tlie liability of the proprietor for the damage.^ 
 
 31. Drivers leaving carriages unattended at places of public resort. 
 
 32. Improperly standing with carriage, — ^refusing to give way to, or ob- 
 
 structing another driver,— or depriving him of his fare. 
 
 33. Persons using a carriage wilfully injuring the same. 
 
 34. Bye-Laws.l Persons offending against bye-laws of the commis- 
 sioners. 
 
 35. Commissioners failing to keep copies of special act as directed by 
 =. 77. 
 
 POOR. 
 
 I. Offences by Overseers, &c. p. 442. 
 II. Offences by Workhouse Masters, p. 450. 
 
 III. Offences in Workhouses, p. 452. 
 
 IV. Other Offences, p. 454. 
 
 I. Offences by Overseers, &c. {Note 205)' 
 
 1. Neglect of Duty.'] Any constable, overseer of the poor, or peace or 
 
 parish officer, neglecting his duty, 
 or 
 
 2. Disobeying any lawful warrant or order of a justice. 
 
 10 & 11 Vict, 
 li. 89, a. 61. 
 
 Id. s. 62. 
 Id. s. 64. 
 
 Id. s. 67. 
 
 Id. s. 71. 
 
 Id. s. 78. 
 
 33 Geo. 3, 
 c. 55, s. I. 
 
 wlfih^tdf ^T'?-^™'" ^""''Z'!'"' *"■ ?"««''•] Before the informations for the offences to 
 Tmcer of thrJn '^P^^'^ff^ '" this title are taken, the party laying it (who should be an 
 
 »»» on tne tace of it that the officer laying it is duly authorized, and that the plaue 
 
 Digitized by Microsoft® 
 
CHAP. II. J 
 
 POLICE OF TOWNS— POOR. 
 
 443 
 
 Time of laying 
 iDrormatioD, 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, anil 
 Time, 
 
 &0. 
 
 Penalty, Src. 
 to whom 
 payable. 
 
 Page, &c. 
 Formalist. 
 
 30 "Within 
 
 6 cal. m. 
 
 (8 & 9 Vict. 
 
 c. 20, BS. 151, 
 
 3, Note 
 
 204 a). 
 
 One 
 
 (s. 61). 
 
 Not exc. £5,— and in default, impr. 
 not exc. two months (s. 61). 
 
 Yes 
 (see 
 Note 
 
 204a) 
 
 Not exc. 
 half to inf. 
 and rem. to 
 
 overs, in 
 aid of poor 
 rate (8 & 9 
 Vict. 0. 20, 
 
 ». 150). 
 
 •• 
 
 31 Id. 
 
 One 
 
 (s. 62). 
 
 Not exc. 20.!., and carriage, &c. to 
 be sold for same and costs (s. 62). 
 
 Id. 
 
 Id. 
 
 •• 
 
 32 Id. 
 
 Two 
 (as Of- 
 fence 1 ). 
 
 Not exc. 20s. (s 64) ;— recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 • • 
 
 33 Id. 
 
 Id. 
 
 Not exc. £5, and the amount of 
 damage to the proprietor (s. 67) ; 
 — ^recovered as in Offence 1 , supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 34 Id. 
 
 Id. 
 
 [Mem. The provisions ofthe^OSfW 
 Vict. c. 34, hereon are incorporated 
 with this act; see tit. " Towns 
 Improvement," post.} 
 
 Id. 
 
 Id. 
 
 •' 
 
 35 Id. 
 
 Id. 
 
 £20, and £5 per day afterwards 
 while in defatdt (s. 78) ;— reco- 
 vered as in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 • * 
 
 1 J On oath 
 
 2 Up- 1). and 
 within 6 cal. m. 
 
 (11 8r 12 Vict, 
 c. 43, s. 1 1). 
 
 Two or 
 more at 
 
 special 
 or petty 
 sessions. 
 
 Not excefiditig 40s. ; — recovered by 
 distress ;■ — and in default, impri- 
 sonment for not exceeding 10 
 days unless sooner paid (s. 1). 
 
 Yes 
 
 (Note 
 
 206). 
 
 For relief of 
 
 poor where 
 
 offender 
 
 resides 
 
 (s. 1). 
 
 
 where the offence, &c. was committed or arose is included in the union for which such board 
 act. By s. 69 of the 7 & 8 Viet. c. 101, the copy of a minute of any order or authority of 
 the board is sufficient proof of the statements or directions contained therein having been 
 given as alleged, unless the contrary be shown, without proof of signatures, official charac- 
 ters, meeting or seal. Vide form of Authority to Officer, Oke's " FormuUst," 2nd edit p. 
 184, and Special Information, p. 185. 
 
 206 Appeal.} This appeal clause is in Note 64; tit- " Cmslailes," ante, p. 266. 
 
 Digitized by Microsoft® 
 
444 
 
 Summary Convictions. 
 
 [PART I. 
 
 Offences rvithin the 11 & 12 Vict. c. 43. 
 
 POOR — continued. 
 
 I. Offences by Overseers, &c. — continued. 
 
 S. Any overseer, assistant overseer, master of workhouse, or other officer 
 {Note 207)i of sny parish or union, wilfully disobeying the legal 
 (see s. 96) and reasonable orders of the justices and guardians, in 
 carrying the rules, orders and regulations of the commissioners or 
 assistant commissioners, or provisions of this act, into execution. 
 l_The '* and" in italic may be read " or" {Stanley v. Stanley, 1 Atk. 
 458 ; Keylway v. Keylway, 2 P. Wms. 344 ; Waterhouse v. Keen, 
 6 D. & Ey. 257.] 
 
 4. Any person wilfully neglecting or disobeying any of the rules, orders 
 or regulations of the commissioners or assistant commissioners 
 [vide s. 72 o/7 ^ 8 fict. c. 101, what is sufficient evidence of trans 
 mission of commissioners^ rules~\, 
 
 5. Guilty of any contempt of the commissioners sitting as a board. 
 
 6. Neglecting or refusing to obey and perform the orders and directions 
 
 of this act, where no penalty is before provided [^vide the Act], 
 
 7. Acting contrary thereto. 
 
 8. Overseer wilfully neglecting to make or collect sufficient rates for 
 
 the relief of the poor, — or to pay such monies to the guardians as 
 they may require, — and if by reason of such neglect any relief 
 directed by board of guardians to be given to any poor person be 
 delayed or withheld during a period of 7 days. 
 
 4 & 5 Will. 4, 
 c. 76, s. 95 
 {Note 208). 
 
 Id. s. 98. 
 
 17 Geo. 2, c. 
 
 s. 14. 
 
 7 & 8 Vict. 
 c. 101, s. 63 
 {Note 208). 
 
 207 Definition of " Officer of Union."'] The definition of the word " <#cer" is (by s. 109) 
 construed to extend to any clergyman, schoolmaster, person duly licensed to practise as 
 a medical man, vestry clerk, treasurer, collector, assistant overseer, governor, master or 
 mistress of workhouse, or any other person employed in any parish or union in carrying 
 this act or the laws for the relief of the poor into execution, and whether performing one 
 or more of the above-mentioned functions. 
 
 208 Witnesses — Incorporation of Statute,'] By sect. 70 of 7 & 8 Vict. c. 101, a witness 
 refusing to give evidence may be committed for not exceeding 14 days, or until he sooner 
 submit to be examined. The power to commit witnesses on proceedings for offences under 
 the 4 & 5 Will. 4, c. 76 ; 6 & 7 Will. 4, u. 96 ; 5 & 6 Vict. c. 57 ; 9 & 10 Vict. c. 66, and 
 14 8j 15 Vict. c. 105, although not in any of those acts, follows by virtue of the incorpora- 
 tion clause (s. 74) of the 7 & 8 Vict. c. 101, which enacts that the 5 & 6 Vict. o. 57, and 
 the acts therein mentioned (s. 18), [i. e. 4 & 5 Will. 4, c. 76 ; 5 8s 6 Will. 4, c. 69 ; 6 8t 7 
 Will. 4, c. 96, and c. 107 ; 1 Vict. c. 50 ; 1 & 2 Vict. c. 25, and c. 56, ss. 118, 122 i 2 & 3 
 Vict, c, 84 and c. 85J, shall be construed as one act. 
 
 209 Appeal.] By 4 & 5 Will. 4, c. 76, s. 103,—" if any person or persons shall find him- 
 self, herself or themselves aggrieved by any order or conviction of any justice or justices, 
 where such person or persons shall be convicted in any penalty or penalties exceeding 
 £5, • * » it shall be lawful for such person or persons to appeal to any general or 
 quarter sessions of the peace to be held in and for the county, riding or division in 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 POOR. 
 
 445 
 
 Time of laying 
 Inforniatioii. 
 
 Number 
 and what 
 JuHticeii to 
 
 Penalty, &c. 
 
 and 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Penalty, kc 
 to whom 
 
 Page, &c. 
 of 
 
 ■ Sec. 
 
 convict. 
 
 Mode of enforcing. 
 
 payable. 
 
 FormuilBt. 
 
 3 In writing 
 
 Two 
 
 Not exc. £5 (s. 95) ; — ^recovered by 
 
 No.. 
 
 For use of 
 
 No. I, 
 
 (s. 101), and 
 
 (s. 95). 
 
 distress ; — if distress insufficient, 
 
 
 parish 
 
 p. 185. 
 
 within 6 cal. m. 
 
 
 imprisonment for not exceeding 
 
 
 or union 
 
 (11 & 12 Vict. 
 
 
 3 calendar months, unless sooner 
 
 
 where 
 
 
 c. 43, 5. 11). 
 
 
 paid (s. 99). 
 
 
 offence 
 occurred 
 (s. 99). 
 
 
 4 1 Id. 
 
 Two 
 
 1st Offence. Not exc. £5 (s. 98). 
 
 Yes 
 
 Id. 
 
 No. 2, 
 
 5 i 
 
 (s. 98). 
 
 2nd Offence. Not exceeding £20 
 nor less than £5 (s. 98). 
 Recovered as Offence 3, supra. 
 
 3rd Offence. Indictable misdemea- 
 nor (s. 98). 
 
 {Note 
 
 209). 
 
 
 p. 185. 
 
 6\ On oath 
 7/ and reco- 
 
 Two or 
 
 Not exc. £5 nor less than 20s.i — ^re- 
 
 No. 
 
 Church- 
 
 
 more 
 
 covered by distress (s. 14) ; — in 
 
 
 wardens or 
 
 
 vered (see 
 
 
 default, impr. under 1 1 & 12 Vict. 
 
 
 overseers 
 
 
 ante, p. 96) 
 
 
 c. 43, s. 22, ante, p. 179, for not 
 
 
 for use of 
 
 
 within 2 cal. m. 
 
 
 exc. 3 cal. m., unless sooner paid. 
 
 
 poor(s. 14). 
 
 
 8 In writing 
 
 Two 
 
 Not exc. £20 (s. 63); — recovered 
 
 Yes 
 
 For use of 
 
 No. 3, 
 
 (s. 101 of 
 
 (s. 95 of 
 
 by distress; — if insufficient, im- 
 
 (Note 
 
 parish or 
 
 p. 185. 
 
 4 & 5 Will. 4, 
 
 4&5 
 
 prisonment for not exc. 3 cal. m., 
 
 209). 
 
 union where 
 
 
 c. 76), and 
 
 Will. 4, 
 
 unless sooner paid (s. 99 of 4 & 5 
 
 
 offence oc- 
 
 
 within 6 cal. m. 
 
 c. 76). 
 
 Will. 4, c. 76). 
 
 
 curred (s. 99 
 
 
 (11 & 12 Vict. 
 
 
 , 
 
 
 of 4&5 
 
 
 u. 43, B. 11). 
 
 
 
 
 Will. 4, 
 u. 76). 
 
 
 which such order shall have been made or conviction talcen place within four calendar 
 months next after the cause of complaint shall have arisen, — or if such sessions shall 
 be held before the expiration of one calendar month next after such cause of complaint, 
 then such appeal shall be made to the next following sessions, — either of which court 
 of sessions is hereby empowered to hear and finally determine the matter of the said 
 appeal, and to make such order therein as to them shall seem meet : which order shall be 
 final and conclusive to and upon all parties ; — provided that the person or persons so 
 appealing shall give or cause to be given at least fourteen days' notice in writing of his, 
 her, or their intention of appealing as aforesaid, and of the matter or cause thereof, to the 
 respondent or respondents, — and within five days after such notice shall enter into a 
 recognizance before some justice of the peace, with sufficient securities, conditioned 
 to try such appeal at the then next general sessions or quarter sessions of the peace 
 which shall first happen, and to abide the order of and pay such costs as shall be awarded 
 by the justices at such quarter sessions for any adjournment thereof; —and such justices, 
 upon hearing and finally determining such matter of appeal, shall and may, according to ' 
 their discretion, award such costs to the party appealing or appealed against as they shall 
 think proper;— and their determination in or concerning the premises shall be conclusive 
 and binding on all parties to all intents and purposes whatsoever." This appeal clause 
 will apply to all the Poor Law Acts (see Note 208) supra). 
 
 Digitized by Microsoft® 
 
446 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 POOR — continued. 
 
 I. Offences by Overseers, &c. — continued. 
 
 9. Overseer or other officer, collector or assistant overseer, neglecting to 
 make up account previous to audit, 
 or 
 
 10. Altering such account, or allowing account to be altered when so 
 
 made up, 
 
 or 
 
 11. Refusing to allow it to be inspected by ratepayer, 
 
 or 
 
 12. Refusing or wilfully neglecting to affix the notice of the audit, and 
 
 of the time and place for the inspection of the accounts,— or neg- 
 lecting or refusing to attend audit when required by auditory — or 
 to produce accounts or vouchers, — or to make or sign a declaration 
 with respect to the accounts, if required by auditor. 
 
 13. Overseer disobeying justice's order to give temporary relief to poor 
 
 persons. 
 
 14. Embezzling, Sfc. Money, Sjc.'] Any overseer, assistant overseer, master 
 
 of a workhouse, — or other paid officer, — or any other person em- 
 ployed by or under the authority of the guardians, — purloining, 
 embezzling, or wilfully wasting or misapplying any of the monies, 
 goods or chattels belonging to any parish or union. 
 
 15. Furnishing Goods, SfC."] Any person, filling an office concerned in the 
 
 administration of the poor laws, furnishing — or supplying for his 
 own profit or on his own account— any goods, materials or provi 
 sions ordered to be given in parochial relief, — or for or in respect 
 of the money ordered to be given in parochial relief {^Note 210)' 
 
 16. Bastards.'] Any officer (^Nof'e 207; on<e, p. 444) of any parish or 
 
 union receiving any money in respect of any bastard child- undei 
 an order of petty sessions, 
 or 
 
 17. As such officer (Note 211) conducting any application to make or 
 
 enforce such order, 
 or 
 
 18. In any way interfering, as such officer, in causing such application to 
 
 be made, — or in procuring evidence in support thereof. 
 
 19. Burial of Paupers.] Any officer connected with the relief of the poor 
 
 receiving any money for the burial of the body of any poor person 
 within the parish, — or acting as an undertaker for personal gain 
 or reward in the burial, or receiving any money from any school, 
 hospital, or any person to whom any such body may be delivered, 
 — or deriving any personal emolument whatever for or in respect 
 of such burial. 
 
 7 & 8 Vict, 
 c. 101, s. 33 
 (Note 208). 
 
 4 8z 5 Will. 4, 
 c. 76, s. 54. 
 
 Id. s. 97. 
 
 Id. s. 77. 
 
 7 & 8 Vict 
 c. 101, s. 7 
 (^Note 208). 
 
 Id. s. 31. 
 
 210 Enactment.] By the 12 & 13 Vict. c. 103, s. 6, no person is qualified to be ap- 
 pointed an overseer of the poor who, at the time of the proposed appointment is engaged, 
 or directly or indirectly concerned, in any contract for the supply of goods, &c. for the 
 workhouse, or relief of the poor. 
 
 Digitized by Microsoft® 
 
CHAP. 11.] 
 
 POOR. 
 
 447 
 
 Time of laying 
 Informatiou, 
 
 Number 
 and what 
 JuBticeB to 
 convict. 
 
 9 ) In writing 
 
 12 S (s. 101 of 
 
 4 & 5 Will. 4, 
 
 c. 76), and 
 
 within 6 cal. m. 
 
 (11 & 12 Vict 
 
 c. 43, S.11). 
 
 Two 
 (s. 95 of 
 
 4&5 
 Will. 4, 
 
 0. 76). 
 
 13 Id. 
 
 14 Id. 
 
 15 Id. 
 
 16\ Id. 
 
 18 f 
 
 19 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 40». (s. 33) i— levied by distress ;— 
 if distress insufficient, imprison- 
 ment for not exceeding 3 calendar 
 months, unless sooner paid (s. 9f 
 of 4 & 5 Will. 4, i;. 76 ; see in 
 corporation clause, s. 74 of 7 & 8 
 Vict. t. 101, and Note 208)- 
 
 If Ap- 
 peal, and 
 Time, 
 
 No 
 (see 
 Note 
 
 209). 
 
 Not exceeding £5 (s. 54); — reco- 
 verable as Offence 14, infra. 
 
 Not exceeding £20, and treble the 
 amount of money, &c. (s. 97) i — 
 recovered by distress; — if distress 
 insufScient, impr. for not exc. 3 
 cal. m., unless sooner paid (s. 99). 
 
 £5 (s. 77) ; — recoverable as Offence 
 14, swpra. 
 
 Not exc. 405. (s. 7);— recoverable 
 under s. 99 of 4 & 5 Will. 4, c. 76, 
 as Offences 9 — 12, supra. 
 
 Not exceeding £5 (s. 31); — ^re- 
 coverable as Offences 9 — 12 
 supra. 
 
 Penalty, jtc. 
 to wnom 
 payable. 
 
 For use of 
 parish or 
 union where 
 offence oc- 
 curred (s. 9S 
 of4&5 
 Will. 4, 
 c. 76). 
 
 No. 
 
 Yes 
 
 {Note 
 
 209). 
 
 No 
 (see 
 Note 
 
 209). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Page, &c. 
 
 of 
 FormullBt. 
 
 Id. 
 
 Nos. 4, 5, 
 p. 186. 
 
 No. 6, 
 p. 186. 
 
 211 Observation.'] The clerk of the guardians, when an attorney, would not incur the 
 penalty by oonduttiilg an application as the attorney of the mother and on her behalf, as 
 of course be would not then be acting as "such officer" of the guardians. 
 
 Digitized by Microsoft® 
 
448 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 POOR — continued. 
 
 I. Offences by Overseers, &c.- 
 
 -continued. 
 
 20. Accounts.'] Any churchwarden, surveyor of highways, overseers, or 
 other officer of a parish or union wilfully authorizing — or making 
 — an illegal or fraudulent payment from the church rate, highway 
 rate, or other public fund of a parish or union, 
 
 21 
 
 Unlawfully making an entry in his accounts for the purpose of de 
 fraying or making up to himself, or any other person, the whole 
 or any part of any sum of money unlawfully expended from the 
 poor rate, — or disallowed or surcharged in accounts by auditor. 
 
 22. Removal of Pau'pers.'] Churchwarden and overseers refusing or neg- 
 lecting to receive paupers removed by warrant of two justices. 
 
 23. Any officer of any parish or union [vide Note 212] contrary to law, 
 
 with intent to cause any poor person to become chargeable to any 
 parish to which such person was not then chargeable, conveying 
 any poor person out of the parish for which such officer acts, 
 or 
 
 24. Causing or procuring such person to be so conveyed, 
 
 or 
 
 25. Giving directly or indirectly any money, relief or assistance, or 
 
 affi}rding or procuring to be afforded any facility for such con 
 veyance, . 
 
 or 
 
 26. Making any offer or promise, or using any threat to induce such 
 
 person to depart from such parish ; 
 and if, in consequence of such conveyance or departure, such 
 poor person become chargeable to any parish to which he was 
 not then chargeable. 
 
 27. Inspection of Rates."] Any person having the custody of poor rate. 
 
 refusing to permit or not permitting person rated to take copies 
 thereof, or extracts therefrom, at all seasonable times, without fee, 
 
 7 & 8 Vict 
 c. 101, s. 32 
 {NoteZOi). 
 
 3 W. & M. 
 c. 11, s. 10. 
 
 9 & 10 Vict 
 
 c. 66, s. 6 
 
 {Note 213). 
 
 6 & 7 Will. 4, 
 c. 96, s. 5. 
 
 212 Definition of " Officer."] By.l4 & IS Vict c. 105, s. 11, the word " officer" is to 
 include any "overseer;" and see Note 207, ante, p. 444, for further definition in Poor 
 Law Act 4 & 5 Will. 4, c. 76, s. 109. 
 
 213 Enactment.] The 9 & 10 Vict c. 66 and 4 & 5 Will. 4, u. 76, are to be construed 
 as one act (s. 8 of 9 & 10 Vict u. 66). These proceedings are therefore regulated by 4 fe 5 
 Will. 4,0. 76. f ^ s / 
 
 214 Observations.] Before the passing of the 5 & 6 Vict. c. 57, the penalty for this 
 offence, under 6 & 7 Will. 4, c. 96, was not recoverable before justices, no mode being 
 pointed out ; but by the incorporation clause (s. 18) of the 5 & 6 Vict c. 57, the statute 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 POOR. 
 
 449 
 
 ^ Time of laying 
 Information, 
 
 Niamber 
 and what 
 Justices to 
 
 Penalty, &c. 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, ic 
 to wfiom 
 
 Page, Sec. 
 of 
 
 dtc 
 
 convict. 
 
 Mode of enforcing. 
 
 ike' 
 
 payable. 
 
 Forraulist. 
 
 20 \ In writing 
 21/ (s. 101 of 
 
 Two 
 
 Not exceeding £20, and treble the 
 
 Yes 
 
 For use of 
 
 
 (s.95of 
 
 amount of payment or sum so 
 
 (Note 
 
 parish or 
 
 
 4 &5 Will. 4, 
 
 4& 5 
 
 entered, &c. (s. 32) ;— levied by 
 
 209)- 
 
 union where 
 
 
 c. 76), and 
 
 Will. 4, 
 
 distress ; — if distress insufficient, 
 
 
 offence oc- 
 
 
 within 6 cal. m. 
 
 c. 76). 
 
 imprisonment for not exceeding 
 
 
 curred (s.99 
 
 
 (11 & 12 Vict. 
 
 
 3 calendar months, unless sooner 
 
 
 of4&5 
 
 
 t. 43, s. 11). 
 
 
 paid (s. 99 of 4 & 5 Will. 4, c. 76). 
 See incorpoTation clause, s. 74, and 
 Note 208- 
 
 
 Will. 4, 
 v;. 76). 
 
 
 22 Within 
 
 One, 
 
 £5 J — recovered by distress ;— in 
 
 No. 
 
 Use of poor 
 
 
 6 cal. m. 
 
 where 
 
 default imprisonment without 
 
 
 of parish 
 
 
 (11 & 12Vict 
 
 person 
 
 bail or mainprize for 40 days 
 
 
 from which 
 
 
 >;.43,s.ll). 
 
 re- 
 moved. 
 
 (s. 10). 
 
 
 person was 
 removed. 
 
 
 23 ) In writing 
 
 Two, 
 
 Not exceeding £5 nor less than 
 
 No 
 
 Overs, in 
 
 , , 
 
 2fi < (s.lOl of 
 
 of the 
 
 40s. • — recoverable under the 4 & 
 
 (see 
 
 aid of poor 
 
 
 4 & 5 Will. 4, 
 
 place 
 
 5 Will. 4, 0. 76, by virtue of the 
 
 Note 
 
 rate of 
 
 
 c. 76), and 
 
 from or 
 
 incorporation clause (s. 8 of 9 & 
 
 209). 
 
 parish to 
 
 
 within 6 cal. 
 
 to which 
 
 10 Vict. c. 66, Note 213), i. e. by 
 
 
 which the 
 
 
 months 
 
 poor 
 
 distress ; — if distress insufficient, 
 
 
 person 
 
 
 (11 & 12 Vict 
 
 person 
 
 imprisonment for not exceeding 
 
 
 became 
 
 
 c. 43, s. 11). 
 
 re- 
 
 3 calendar months, unless sooner 
 
 
 chargeable 
 
 
 
 moved 
 
 paid (s. 99 of 4 & 5 Will. 4, c. 76 ). 
 
 
 in conse- 
 
 
 
 (14&15 
 
 
 
 quence of 
 
 
 
 Vict 
 
 
 
 the unlaw- 
 
 
 
 c. 105, 
 
 
 
 ful removal, 
 
 
 
 s. 11). 
 
 
 , 
 
 &c.(14&15 
 
 Vict c. 105, 
 
 s. 11). 
 
 
 27 In writing 
 
 One. 
 
 Not exceeding £5 (s. 5) ; — ^re- 
 
 Id. 
 
 For use of 
 
 No. 6a, 
 
 (s. 101 of 
 
 
 coverable as Offences 20, 21, 
 
 
 parish or 
 
 p. 186. 
 
 4 & 5 Will. 4, 
 
 
 supra ! see Note 214- 
 
 
 union where 
 
 
 c. 76, and 
 
 
 
 
 offence oc- 
 
 
 witliin 6 cal. 
 
 
 
 
 curred (s.99 
 
 
 months 
 
 
 
 
 of4& 5 
 
 
 11 & 12 Vict. 
 
 
 
 
 Will. 4, 
 
 
 c. 43,s. 11). 
 
 
 
 
 c. 76). 
 
 
 6 & 7 Will. 4, c. 96, among others (as will be seen Note 208> supra), is to be as one act 
 with the 4 & 5 Will. 4, c. 76, under sect 99 of which latter act this penalty is now 
 recoverable or, independently of this, it might be under the 11 & 12 Vict. o. 43, ss. 19, 
 22, ante, pp. 175, 179, which is the same, and a like imprisonment in default The statute 
 17 Geo. 2, c. 3 (ss. 2, 3, which impose a penalty, recoverable by action, on an overseer 
 refusing to give an inhabitant a copy of the poor rate, is not repealed by 6 & 7 Will. 4, c. 
 96 (Tennant v. Creston, 15 L. J. (N. S.) M. C. 105) ; but sect. 2 of the former act, as to 
 the fee of Is. for inspection, is repealed by sect. 5 of the latter act. 
 
 O.S. G G 
 
 Digitized by Microsoft® 
 
450 
 
 Summary Conmctions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 4 & 5 Will. 4, 
 
 c. 76, s. 93 
 {Note 208). 
 
 POOR — continued. 
 
 I. Offences by Overseers, &o. — contintted. 
 
 28. Injuring, Sfc. Parish Books, Sjc.'] Any person in whose hands or custody jg Geo. 3, c. 69 
 
 any vestry book, rate, assessment, account, voucher, certificate, g. g 
 
 orders of court and of justices, document, writing or paper shall 
 be, wilfully or negligently destroying, obliterating or injuring the 
 same, — or suffering the same to be destroyed, obliterated or in 
 jured, — or, after reasonable notice and demand, refusing or neg- 
 lecting to deliver the same to such person or persons, or to deposit 
 the same in such places, as directed by vestry. 
 
 [Vide tV\es" Overseers," " Constables," "Jurors," and "Lunatics,' 
 for other Offences under the acts.] 
 
 II. Offences by Workhouse Masters {Note 205)- 
 
 29. Master of workhouse ordering any splritous or fermented liquor to 
 
 be carried, brought or introduced into any workhouse (except for 
 his own domestic use, or officer of workhouse, &c., or by authority 
 of surgeon, justice or guardian, or in conformity with Commis 
 sioners' rules). 
 
 30. Any master, or any other officer of a workhouse, carrying, bringing 
 
 or introducing same into workhouse, contrary to rules, &c. of 
 Commissioners, — or selling, using, lending or giving away same 
 therein,— or knowingly permitting or suffering to be carried, 
 brought or introduced, or sold, used, lent or given away therein, 
 any such liquor, contrary to the rules, &c. of Commissioners, 
 or 
 
 31. Punishing with any corporeal punishment any adult person in work 
 
 house, 
 
 or 
 
 32. Confining any such adult person for any offence or misbehaviour for 
 
 any longer time than 24 hours, — or such further time as may be 
 necessary to have such person carried before a justice, 
 or 
 
 33. In any way abusing or illtreating any poor person in workhouse, 
 
 or 
 
 34. Guilty of any other misbehaviour, 
 
 or 
 
 35. Otherwise misconducting himself towards or with respect to any such 
 
 poor person, 
 
 36. Wilfully omitting to hang up or renew in some public place in work. 
 
 house a printed or written copy of the 92nd and 93rd clauses of 
 this act. 
 
 \_Vide Offence 3, ante, p. 444, and 14 to 19, ante, p. 446, equally 
 applicable to Masters of Workhouses.^ 
 
 Id. =. 94. 
 
 215 Who to lay Irtformation.'] The information may be laid by an overseer or the 
 
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CHAP. II.] 
 
 POOR. 
 
 451 
 
 TtmeafUylDg 
 liiformatioD, 
 
 Number 
 and what 
 Justices to 
 
 Penalty. &c. 
 and 
 
 If Ap. 
 
 peal, and 
 
 Penalty, &c. 
 to whom 
 
 Page, kc 
 of 
 
 &c. 
 
 convict. 
 
 Mode of enforcing. 
 
 4c.' 
 
 pajaWe. 
 
 Formullst. 
 
 28 Within 
 
 Two. 
 
 Not exceeding £50 nor less than 
 
 No. 
 
 For relief of 
 
 
 6 cal. m. 
 
 
 40s. j — recovered and levied by 
 
 
 the poor 
 
 
 (11 & 12 Vict. 
 
 
 distress as poor's rates (s. 6) j— in 
 
 
 (s. 6). 
 
 
 c. 43, s. 11). 
 
 
 default, impr. for not exc. 3 cal. 
 m., unless sooner paid (12 & 13 
 Vict. c. 14, s. 2). 
 
 [This proceeding is not to affect other 
 proceedings.'] 
 
 
 
 
 29 "I In writing 
 35/ (s. 101), 
 
 Two 
 
 For every such offence to forfeit and 
 
 Yes 
 
 For use of 
 
 No. 8, 
 
 (s. 93). 
 
 pay such sum of money, not being 
 
 if exc. 
 
 parish or 
 
 p. 186. 
 
 and within 
 
 
 more than £20, as justices shall 
 
 £5 
 
 union where 
 
 
 6 cal. m. 
 
 
 direct; — in default of payment, 
 
 (s. 103, 
 
 offence oc- 
 
 
 (11 & 12 Vict. 
 
 
 impr. in gaol for the district in 
 
 Note 
 
 curred 
 
 
 c. 43, s. 11, 
 
 
 which such workhouse shall be 
 
 209). 
 
 (s. 99). 
 
 
 Note 215). 
 
 
 situate, for not exc. 6 calendar 
 months, unless sooner paid. 
 
 [Mem. Justices may order, upon ap- 
 plication of overseers or guardians, 
 money or salary in respect of his 
 employment, Sfc, or any balance 
 of account due to master at time 
 of conviction, to he retained for 
 use of parish or union, in payment 
 or part payment of the penalty ; 
 which order {in writing) shall be a 
 good and valid discharge to such 
 overseers or guardians for so much 
 money as may by such order be di- 
 rected to be so retained and applied 
 against the claim or demand of the 
 master or other officer of such work- 
 house in respect Of any such sum of 
 money, salary or balance (s. 93).] 
 
 
 
 Order 
 
 that 
 
 salary of 
 
 officer be 
 
 stopped 
 
 for 
 penalty. 
 No. 9, 
 
 186, 187. 
 
 36 Id. 
 
 Id. 
 
 £10 for every wilful default (s. 94) ; 
 — recovered as Offence No. 14, 
 supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 guardians (s. 93), or their officer (5-& 6 Vict. c. 57, s. 17), or pauper. (See Note 205. 
 ante, p. 442.) 
 
 Digitized 
 
 ^%^i 
 
 ^rosoft® 
 
452 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 POOR — con finwerf. 
 
 III. Offences in Workhouses, [ftrfe Note 205 """^ 216-] 
 37. Bringing Spirits iato.^ Any person carrying, bringing or introducing, 
 
 38. Attempting or endeavouring to carry, bring or introduce, 
 
 into any workhouse, any spiritous or fermented liquor, without 
 the written order of master, &c. 
 
 39. Emiezzling, Sfc. Clothing.'] Any inmate embezzling, 
 
 or 
 
 40. Wilfully wasting, spoiling or damaging any of the clothing, goods or 
 
 materials committed to his care, 
 or 
 
 41. Taking or carrying away, without permission, any clothing, &c. 
 
 provided for the poor therein. 
 
 42. Misbehaviour of Paupers.'] Refusing to work at any Work, occupation 
 
 or employment suited to his or her age, strength and capacity, 
 or 
 
 43. Guilty of drunkenness, 
 
 or 
 
 44. Other misbehaviour. [ Vide Note 217-] 
 
 4 & 5 Will. 4, 
 c. 76, s. 92 
 {Note 208)- 
 
 50 Geo. 3, 
 u. 30, 5. 4. 
 
 55 Geo. 3, 
 c. 137, s. 5. 
 
 216 Offences in Workhouse — Commitment to what Gaol — 'Farms.] By section 57 of the 
 7 & 8 Vict. c. 101, a person convicted of any of the offences to which this note is appended, 
 while maintained in a workhouse, may be committed to the gaol or house of correction of 
 the county or place in which the parish is situate to which such person was chargeable 
 at the time of the commission of the offence, notwithstanding the workhouse may not be 
 situate in, and the justice may not be a justice for such county or place ;^and all further 
 proceedings in respect thereof may be taken, and the costs and charges of conveyance to 
 prison, and for maintenance of offender while there, are payable in the same manner as if 
 the offence had been committed within the parish or place to which the offender was then 
 chargeable. Of course the justices of the county or place where the workhouse is situated 
 are those alone who have jurisdiction over offences committed therein, the workhouse not 
 being deemed for the purpose of punishing offenders (like " for the purposes of relief, 
 settlement and removal, and the burial of the poor," 7 & 8 Vict. c. 101, s. 56) as situate 
 within the parish from which the offender was sent to the workhouse or to which he is 
 chargeable. It is likewise obvious that there are many other offences than those referred 
 to under this title punishable summarily, which might be committed in a Workhouse, and 
 as the words of the section above referred to are general, it is conceived a similar commit- 
 ment might be liiade in them. Of course the above provision would not apply to occasional 
 poor; but the 11 & 12 Vict. c. 110, s. 9 (which is continued in force by 20 Vict. c. 18, 
 till the 30th of September, 1858, " and to the end of the then next session of parlia- 
 ment"), meets such a case, and by it persons [destitute wayfarers or wanderers or found- 
 lings, s. 1, or poor persons having a fixed abode meeting with accidents, &c. in some 
 other parish where thejr have no legal settlement, s. 2] chargeable upon tlie common fund 
 of a union, may be committed to the gaol of the county or place comprising the major part_ 
 ot such union ; — and where the offender is chargeable to tlie said common fund by reason 
 of being exempt from removal under 9 & 10 Vict c. 66 (s. 3), he may be committed to the 
 h ^ <=°"nty or place containing the parish in Which he resided when admitted into 
 
 the workhouse j— and the expenses of conveyance to gaol are to be borne by su6h coutltyor 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 POOR. 
 
 453 
 
 Time of laying 
 Information, 
 
 Number 
 and what 
 Justices to 
 
 Penalty, &c. 
 and 
 
 If Ap- 
 peal, and 
 
 Penalty, &c. 
 to whom 
 
 Pagej^c. 
 
 Sec. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c.^ 
 
 payabie. 
 
 Formulist. 
 
 37 \ In writing 
 38/ (S.101), 
 
 One. 
 
 Not exceeding £10;— in default, 
 
 Yes, 
 
 For use of 
 
 No. 11, 
 
 
 imprisonment for not exceeding 
 
 if exc. 
 
 parish or 
 
 p. 187 J 
 
 and within 
 
 
 2 calendar months, unless sooner 
 
 £5 
 
 union 
 
 special 
 
 6 cal. m. 
 
 
 paid (s. 92). 
 
 (s. 103, 
 
 where 
 
 descrip- 
 
 (11 & 12 Vict. 
 
 
 
 Note 
 
 offence 
 
 tion of 
 
 c. 43, s. 11, 
 
 
 
 209). 
 
 occurred 
 
 inmates, 
 
 Note 215); 
 
 
 
 
 (s.99). 
 
 No. 13, 
 
 may be 
 
 
 
 
 
 p. 187. 
 
 apprehended 
 
 
 
 
 
 
 without 
 
 
 
 
 
 
 warrant. 
 
 
 
 
 
 
 39\ On oath 
 41/ (s. 4), 
 
 One. 
 
 Imprisonment, with hard labom-, for 
 
 No. 
 
 , , 
 
 No. 14, 
 
 
 not exceeding 2 calendar months. 
 
 
 
 p. 187. 
 
 and within 
 
 
 nor less than 7 days (s. 4, Note 
 
 
 
 
 6 cal. m. 
 
 
 216). 
 
 
 
 
 (11 & 12 Vict. 
 
 
 
 
 
 
 i;. 43, s. 11). 
 
 
 
 
 
 
 42 \ Within 
 44/ 6 cal. m. 
 
 One. 
 
 1^^ offence. Impr. and h. 1, for not 
 
 Yes 
 
 
 No. 15, 
 
 
 exc. 21 days (s. 5, Note 216). 
 
 (Note 
 
 
 pp. 
 
 (11 & 12 Vict. 
 
 
 Ind Offence. Impr. and h. 1. for not 
 
 218, 
 
 
 188, 189. 
 
 c. 43, s. 11). 
 
 
 exc. 42 days (7 & 8 Vict. c. 101, 
 0. 58, Note 216). 
 
 post, 
 p. 455). 
 
 
 
 place in like manner as other committals in the ordinary mode to the gaol thereof shall he 
 borne, ride form of commitment adapted to the three cases in these provisions [i.e. 
 1. Where defendant is chargeable to a parish or a county different to that in which the 
 workhouse where offence committed is situated, and is committed to the former ; 2. Where 
 chargeable on the common fund by reason of irremovability; and 3. Where chargeable on 
 the common fund by reason of being a wayfarer, &c. or having met with accident, &c.]. 
 No. 19, p. 190, Oke's "Formulist," 2nd edit. The Conviction would be transmitted in the 
 usual manner to the quarter sessions of the county in which the offence is committed. 
 
 217 Offences against Workhouse Rules of Commissioners.'] By the Poor Law Commis- 
 sioners' Workhouse Rules, in their Consolidated Order of 24th ifuly, 1847, there are several 
 offences described for which the paupers are deemed disorderly and refractory, which would 
 be punishable under this general term of "misbehaviour." The principal of them are 
 these: — Art. 120. No pauper shall play at cards, or at any game of chance in the work- 
 house. Art. 121. No pauper shall smoke in any room of the workhouse, except by the 
 special direction of the medical officer, or shall have any matches or other articles of a 
 highly combustible nature in his possession. Art. 127. Any pauper being an inmate of 
 the workhouse, who shall neglect to observe any of the regulations in this order as are 
 applicable to him as such inmate, — or who shall make any noise when silence is ordered 
 to be kept; — or shall use obscene or profane language; — or shall by word or deed insult 
 or revile any person ; — or shall threaten to strike or to assault any person ;— or shall not 
 duly cleanse bis person ; — or shall refuse or neglect to work, after .having been reqvtired to 
 do so; — or shall pretend sickness; — or shall play at cards or other game of chance;— -or 
 shall refuse to go into his proper ward or yard ; —or shall enter, or attempt to enter, without 
 permission, the ward or yard appropriated to any class of paupers other than to which he 
 belongs;— or shall climb over any fence or boundary wall surrounding any portion of the 
 workhouse premises ; — or shall attempt to leave the workhouse otherwise than through the 
 ordinary entrance ; — or shall misbehave in going to, at, or returning from public warship 
 out of the workhouse, or at divine service or prayers in the workhouse ;— or having 
 
 Digitized by Microsoft® 
 
454 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the II & 12 Vict. c. 43. 
 
 POOR — continued. 
 
 III. Offences in Workhouses — continued. 
 
 45. By occasional Poor."] While in the workhouse refusing or neglecting 
 
 to perform task of work suited to his age, strength and capacity, 
 or 
 
 46. Wilfully destroying or injuring his own clothes, 
 
 or 
 
 47. Damaging any of the property of guardians. 
 
 [Mem. The task of work here alluded to must be such as is prescribed 
 by the guardians to be done by persons relieved in the tvorkhouse, in 
 return for the food and lodging afforded them, and sanctioned by an 
 order of the Poor Law Board : but no person can be detained against 
 his will for the performance of such task exceeding 4 hours from the 
 hour of breakfast in the morning succeeding his admission.'] 
 
 48. Absconding with Clothes, 4*^.] Any person deserting or running away 
 
 from any workhouse, and carrying away any clothes, linen, goods 
 or things [marked, stamped or branded]. 
 
 IV. Other Offences. 
 
 49. Buying, Sjc. Parish Goods."] Pawnbroker or other person taking in, 
 
 &c. clothing or goods provided for poor, &c. 
 or 
 
 50. Receiving or buying any of the provisions provided for poor, 
 
 or 
 
 51. Aiding or assisting therein, 
 
 or 
 
 52. Causing the marks or stamps to be obliterated or defaced. 
 
 53. Malpractices at Election of Guardians.] Any person, pending or after 
 
 the election of any guardian or guardians, wilfully, fraudulently, 
 and with intent to affect the result of such election, committing 
 any of the acts following, — viz. fabricating in whole or in part, 
 altering, defacing, destroying, obstructing or purloining any no- 
 mination or voting paper ; — or personating any person entitled to 
 vote ; — or falsely assuming to act in the name or on the behalf of 
 any person entitled to vote ; — or interrupting the distribution o) 
 collection of the voting papers ; — or distributing or collecting the 
 same under a false pretence of being lawfully authorized to do so, 
 [See further offences relating to the poor, tit. " Vagrants," post.] 
 
 5 &! 6 Vict. 
 
 c. 57, s. 5 
 
 {Note 208). 
 
 55 Geo. 3, 
 c. 137, s. 2. 
 
 Id. 
 
 14 & 15 Vict. 
 c. 105, s. 3 
 {Note 2m- 
 
 received temporary leave of absence, and wearing the workhouse clothes, shall return to 
 the workhouse after the appointed time of absence, without reasonable cause for the 
 delay ; — or shall wilfully disobey any lawful order of any officer of the workhouse ; — shall 
 be Aeemei disorderly. Art. 128. Any pauper, being an inmate of the workhouse, who 
 shall, within seven days, repeat any one, or commit more than one, of the offences 
 specified in Art. 127 ; — or who shall by word or deed insult or revile the master or matron, 
 or any other officer of the workhouse, or any of the guardians ; — or shall wilfully disobey 
 any lawful order of the master or matron after such order shall have been repeated ;— or 
 shall unlawfully strike or otherwise unlawfully assault any person ;— or shall wilfully or 
 mischievously damage or soil any property whatsoever belonging to the guardians ;— or 
 shall wilfully waste or spoil any provisions, stock, tools, or materials for work belonging to 
 the guardians ;— or shall be drunk;— or shall act or write indecently or obscenely ;— or 
 pnaii wiltully disturb other persons at public worship out of the workhouse, or at divine 
 service or prayers in the workhouse; -shall be deemed rrfractory. Art. 131 authorizes 
 Digitized by Microsoft® " 
 
CHAP. 11.] 
 
 POOR. 
 
 455 
 
 Timeoflavlnf 
 
 Number 
 and what 
 JufiticeB to 
 
 Pinalty, «ic. 
 and 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to whom 
 
 Page,ic. 
 
 &c 
 
 convict. 
 
 Mode of enforcing. 
 
 &c. 
 
 pnyable. 
 
 FonnulUt. 
 
 45 \ On oath, 
 47 / and within 
 
 One. 
 
 To be deemed' an idle and disor- 
 
 Yes 
 
 
 No 16, 
 
 
 derly person under the Vagrant 
 
 {Note 
 
 
 p. 189. 
 
 6 cal. in. 
 
 
 Act (5 Geo. 4, c. 83, s. 3) j— im- 
 
 219)- 
 
 
 
 (11 & 12 Vict. 
 
 
 prisonment with hard labour for 
 
 
 
 
 c. 43, s. 11). 
 
 
 not exceeding 1 calendar month 
 (Noie 216). 
 
 
 
 
 48 Within 6 
 
 One 
 
 Impr. [with or without h. 1., 13 & 14 
 
 Yes 
 
 
 No 17, 
 
 cal. months 
 
 or 
 
 Vict. c. 101, B. 8], for not less 
 
 {Note 
 
 
 p. 189. 
 
 (11 & 12 Vict. 
 
 more. 
 
 than 7 days nor greater than 3 
 
 218)- 
 
 
 
 i;.43, ». 11). 
 
 
 [cal.] m. (s. 2, and 7 & 8 Vict, 
 c. 101, ss. 58, 74, Note 216)- 
 
 
 
 
 49 \ Id. 
 52j' 
 
 Id. 
 
 Not exceeding £5 nor less than 
 
 Id. 
 
 One moiety 
 
 Nos. 
 
 
 jgl i — imprisonment in default 
 
 
 to inf. and 
 
 20, 21, 
 
 
 
 for not exceeding 2 calendar 
 
 
 the other 
 
 p. 190. 
 
 
 
 months, unless sooner paid (s. 2). 
 
 
 to overs, for 
 
 use of poor 
 
 (s. 2). 
 
 
 53 In writing 
 
 Two. 
 
 Imprisonment for any period not 
 
 No. 
 
 
 
 (s. 101 of 
 
 
 exceeding 3 [cal. 13 8e 14 Vict. 
 
 
 
 
 4 & 5 Will. 4, 
 
 
 c. 21, s. 4] months, with or with- 
 
 
 
 
 t. 76), and 
 
 
 out hard labour. 
 
 
 
 
 within 
 
 
 
 
 
 
 6 cal. m. 
 
 
 [Mem. The prmisims of the act 4 S; 
 
 
 
 
 (11 & 12 Vict. 
 
 
 5 Wilt. 4, c. 76, and the statutes 
 
 
 
 
 c. 43, s. 11). 
 
 
 explaining and extending it, are to 
 apply to the 14 l[ 16 Vict. c. 105 
 {see s. 19).] 
 
 
 
 
 the master, on a repetition of the oflFences in Art. 128, immediately to place the offender in 
 confinement ; and it describes another offence, viz. — " endeavouring to excite other paupers 
 to acts of insubordination." For descriptions of all the offences under these articles, see 
 Oke's " FormuUst," 2nd edit, pp. 188, 189 ; and a special form of commitment, adapted to 
 every description of inmate. Id. p. 190. 
 
 218 ■Appeal.'] By 55 Geo. 3, c. 137, s. 9,—" if any person shall think himself aggrieved 
 by the judgment, such person may appeal to the next quarter sessions of the peace ; — such 
 person at the time of his conviction entering into a recognizance with two sureties, con- 
 ditioned personally to appear at the said sessions to try such appeal, and to abide the 
 further judgment of the justices at such sessions j — and the said justices at such sessions 
 shall determine the causes and matters of such appeal in a summary way, and make such 
 order therein as the said justices shall think proper;— and its determination sbaE be 
 final." 
 
 219 -dppeal.l Fide Note 278 to this column of title " Vagrants," post. 
 
 Digitized by Microsoft® 
 
456 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 POUNDBREACH. 
 
 1. Inclosed Land.'] Releasing, — or attempting to release, — any horse, ass, 
 
 sheep, swine, or other beast or cattle (Note 220), lawfully seized for 
 the purpose of being impounded, in consequence of having been 
 found wandering, straying, or lying or being depastured on any 
 inclosed land without consent of owner or occupier, from the pound 
 or place where impounded, — or on the way to or from the same, 
 or 
 
 2. Pulling down, damaging or destroying the same pound or place,— oi 
 
 any part thereof,— or any bolt or lock belonging thereto or there- 
 with fastened. 
 
 See further, title '•Highways," ante, p. 338, title " Turnpike 
 Roads," post, 
 
 PRINTERS (Note 221)- 
 
 1. Keeping or using a printing press, or types for printing, or carrying 
 
 on the business of a letter founder, or maker or seller of types or 
 printing presses, not having given notice and obtained certificate 
 required, or in a place not in notice [a justice may grant a search 
 warrant to search for presses, Sfc, illegally used, s. 33]. 
 
 2. Carrying on business without notice required. 
 
 3. Not keeping account of types and printing presses sold, and to be 
 
 produced when required. 
 
 4. Not keeping copy of every paper they print for six months, and writing 
 
 thereon the name of employer, or not producing same when re- 
 quired. 
 
 5. Not printing their names and residences on every paper and book 
 
 meant to be published or dispersed. 
 
 6. Persons publishing or dispersing, — or assisting in publishing or dis- 
 persing, — any printed paper or book on which printer's name, &c., 
 not printed. 
 
 6 & 7 Vict, 
 c. 30, s. 1. 
 
 39 Geo. 3, c. 79, 
 ^i. 23. 
 
 Id. s. 25. 
 Id. ». 26. 
 
 Id. s. 29. 
 
 2 & 3 Vict. 
 
 c. 12, s. 2 
 
 {Note 221)- 
 
 220 Meaning of " other Beast or Cattle."'] These words "or other beast or cattle," 
 which occur in the present statute, 6 & 7 Vict. c. 30, as well as similar language in the 
 statutes relating to servants, fall within the judicial maxim propounded by Lord Tenterden 
 in Sandiman v. Breach (7 B. & C. 100 ; 6 A. & E. 729 ! I N. & P. 791), viz. that where in 
 a statute general words follow particular ones, the former are to be held as applying to 
 persons and things ejusdem generis as those designated by the latter ; consequently, the 
 offences would not be punishable if committed with respect to animals and persons not of 
 the same kind as those expressly mentioned j and it would not be advisable to apply the 
 acts in question to any other (see Dwarris on Statutes, 2nd edit., pp. 621, 635, 636). The 
 same rule has since been affirmed repeatedly, and especially in Kitchen V. Shaw{\ N. 8e P. 
 791 ), overruling Lowther v. Earl Radnor (8 East, 113), and Ex parte John Bill (3 C. & P. 
 225). The statute 6 & 7 Vict. c. 30, would not extend to a bull, ox, cow, heifer, steer, calf, 
 mule or goat (see 7 J. P., 541). Tlie word "cow is in the poundbreach clause of the 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 POUNDBREACH— PRINTERS. 
 
 457 
 
 Time of laying 
 
 Information, 
 
 Sec. 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing;. 
 
 1 \ On oath, 
 2/ (s. 3), and 
 within 6 
 cal. m. 
 (11 & 12 Vict. 
 C.43, s. 11). 
 
 1} 
 
 Two 
 
 (s. 1). 
 
 If Ap- 
 peal, and 
 Time. 
 
 Within 
 3 cal. m 
 (s. 3i), and 
 in name of 
 attorney or 
 solicitor- 
 general 
 9 & 10 Vict, 
 c. 33, s. 1)- 
 
 1 Within 3 
 J cal. m. 
 (39 Geo. 3, 
 c. 79, s. 34), 
 and in name 
 of attorney 
 or solicitor 
 
 general 
 (2 & 3 Vict, 
 c. 12, 3. 4). 
 
 One 
 (s. 35). 
 
 Not exceeding £5, and expenses ; No. 
 — in default of payment, iinpri 
 sonment with hard labour, for not 
 exceeding 3 calendar months, nor 
 less than 14 days, unless sooner 
 paid (s. 1 ). 
 
 [Mem. Tfie justices are not to hear 
 and determine any case of pound- 
 breach or rescue in which any ques- 
 tion of title shall arise as to any 
 lands, <^c. or as to the obligation of 
 fefairing any wall, 8fc. (see s. 2).] 
 
 £20 (ss. 23—29) ;— may be miti- Yes 
 gated to not less than £5 above {Note 
 costs (51 Geo. 3, c. 65, s. 2) ;— 221a) 
 levied by distress and sale; — if 
 insufficient, imprisonment, with- 
 out bail or mainprize, for not ex- 
 ceeding 6 nor less than 3 calendar 
 months (s. 35 of 39 Gep. 3, c. 79). 
 
 One 
 
 (39 Geo. 
 
 3, c. 79, 
 
 S.35). 
 
 Penalty, Sec, 
 to wnom 
 payable. 
 
 For every copy of paper not more 
 than £5 (s. 2) ; — may be miti- 
 gated and recovered as in Of- 
 fences 1 — 4, supra (see Note 221, 
 incorporation clause). 
 
 Id. 
 
 All or a 
 portion to 
 
 person on 
 whose be- 
 half cattle 
 distrained 
 (s. 1). 
 
 The part 
 not so 
 
 awarded 
 
 to be 
 
 paid to the 
 
 CO. treas. 
 
 (see ante, 
 
 p. 190). 
 
 One moiety 
 to inf. and 
 the other 
 moiety to 
 her Ma- 
 jesty (s. 36). 
 
 Id. 
 
 Turnpike Act, 3 Geo. 4, c. 126, s. 123, but the word "sheep" is omitted. The Highway 
 Act, 5 & 6 Will. 4, c. 50, is somewhat different (see Note 139, ante, p. 337). 
 
 221 Exceptions in the Acts-I The acts in this title do not extend to the queen's printers 
 or the universities (39 Geo. 3, c. 79, s. 24) ; as respects the latter, certain words are re- 
 quired to be printed in the books, &c., instead of the printer's name (see 2 & 3 Vict. c. 12, 
 s. 3) ; nor do the acts extend to papers printed by authority of parliament (39 Geo. 3, c. 
 79, s. 28), nor to impressions of engravings, or the printing names and addresses (s. 31 '), 
 nor do they alter provisions respecting newspapers (s. 32), nor apply to bank notes, bills, 
 &c., or to any paper printed by authority of any public board or public office (51 Geo. 3, 
 c. 65, s. 3). The act 2 & 3 Vict. c. 12, is incorporated with the 39 Geo. 3, c, 79, and 51 
 Geo. 3, c. 66 (2 & 3 Vict. c. 12, s. 6). 
 
 221 a Appeal^] By 51 Geo. 3, c. 65, s. 4,— " if any person or persons shall think himself, 
 herself or themselves aggrieved by any conviction, judgment or determination of any justice 
 
 Digitized by Microsoft® 
 
458 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 PROMISSORY NOTES. 
 
 1. Any person by any art, device or means whatsoever, publishing or 
 
 uttering any promissory or other notes, bills of exchange, or drafts 
 or undertakings in writing, being negotiable or transferable, for 
 money or goods, for a less sum than 20«., or on which less than 20s. 
 shall be due, 
 or 
 
 2. Negotiating or transferring the same. 
 
 [See 17 Geo. 3, c. 30, as to promissory notes above 20s. and under 
 £5 J but which is repealed by s. 9 of 17 & 18 Vict. u. 83, as 
 respects drafts on bankers.] 
 
 RAILWAYS. 
 
 I. Offences by Servants of Railway Companies, p. 458. 
 II. Offences by Companies, p. 460. 
 III. Offences by other Persons, p. 460. 
 
 1. Offences by Servants of Railway Companies. 
 
 1. Misconduct.'] Any engine driver, guard, porter or other servant, in 
 
 the employment of any railway company, found drunk whilst em- 
 ployed upon the railway (JVote 223 )> 
 or 
 
 2. Committing any offence against any of the bye-laws, rules or regula 
 
 tions of such company, 
 or 
 
 3. Wilfully, maliciously, or negligently, doing 
 
 or 
 
 4. Omitting to do, 
 
 any act whereby the life or limb of any person passing along or 
 being upon the railway belonging to such company, or the 
 works thereof, shall be or might be iiljured or endangered, — 6r 
 whereby the passage of any of the engines, liarriages or trains 
 shall be or might be obstructed or impeded, 
 or 
 
 5. Any person counselling, aiding or assisting in any such offence. 
 
 48 Geo. 2, c. 88 
 ss. 2, 3. 
 
 3 & 4 Vict 
 c. 97, s. 13 
 (Note 224). 
 
 or justices, relating to any matter or thing in the before mentioned act [39 Geo. 3, c. 79] 
 contained, then and in that case he, she or they may appeal to the justices of the peace at 
 the general quarter sessions to be holden in and for the county, city or place where such 
 conviction, &c. shall have been made next after the expiration of twenty days from the 
 making thereof, — first giving six days' notice of such appeal to the person or persons pro- 
 secuting for such penalty or penalties ; — and the said justices shall hear and determine 
 the said appeal at such general quarter sessions, or, if they think proper, adjourn the 
 hearing thereof until the next general quarter sessions, to be holden for such county, town 
 or place ;— and the said justices may, in like manner, if they see cause, mitigate any pe- 
 nalty or penalties, and may order any money to be returned wjiich shall have been paid or 
 levied under any conviction as aforesaid, and may also order and award such costs to be 
 paid by either party to the other as they shall think and judge reasonable." This clause 
 will also apply to convictions under the 2 Si 3 Vict. t. 12. 
 
 222 Appeal.'] To the next general quarter sessions, giving notice thereof to the informer 
 not less than eight days before the trial of appeal, and entering into a recognizance before 
 some justice or justices, with two sufficient sureties conditioned to try. Sic. 
 
 223 O^nition of " Railway."] Construed to extend to all railways constructed under 
 
 Digitized by Microsoft® 
 
CHAP. II.] PROMISSORY NOTES-RAILWAYS. 
 
 459 
 
 Time of laying 
 iDformatioD, 
 
 Number 
 and what 
 
 Penalty, &c. 
 and 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, See. 
 to whom 
 
 P«ge,&c. 
 of 
 
 kc. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c.' 
 
 payable. 
 
 Formulist. 
 
 1 \ On oath, 
 2/ and con- 
 
 One, 
 
 Not exceeding £iO, nor less than 
 
 Yes 
 
 One moiety 
 
 P. 192. 
 
 (s. 4). 
 
 365 (s. 3) J levied by distress 
 
 (s. 10, 
 
 to inf. and 
 
 
 viction 
 
 
 (s. 8) ; — in default, imprisonment 
 
 Note 
 
 the other 
 
 
 within 20 
 
 
 for 3 calendar months, unless 
 
 222). 
 
 moiety to 
 
 
 days (s. 4). 
 
 
 sooner paid (s. 10). 
 
 
 poor of 
 parish 
 
 ts. 8). 
 
 
 1 \ Within 
 5 J 6 oal. m. 
 
 One. 
 
 At discretion of justice, either im- 
 
 No. 
 
 Her 
 
 Nos. 
 
 
 prisonment, with or without hard 
 
 
 Majesty 
 
 1-5, 
 
 (11 & 12 Vict 
 
 
 labour, for not exceeding 2 ca- 
 
 
 (s. 13). 
 
 pp. 
 
 i;.43, s. 11, 
 
 
 lendar months ; 
 
 
 
 192, 193. 
 
 see Note 225)- 
 
 
 Or forfeitnot exceeding £10; — and 
 in default of payment, imprison- 
 ment, with or without h. 1., for 
 not exceeding 2 calendar months, 
 unless sooner paid (s. 1 3). 
 
 [Mem. The justice may commit the 
 offender for trial at the quarter 
 sessions (s. 14).] 
 
 
 
 
 the powers of any act of parliament, and intended for the conveyance of passengers in or 
 upon carriages drawn or impelled by the power of steam or by any other mechanical power 
 (3 & 4 Vict. c. 97, s. 21). 
 
 224 Amendment of Act.'\ This provision has been amended by the 5 & 6 Vict. t. 55, 
 s. 17, and extended to "any engine driver, waggon driver, guard, porter, servant or other 
 person employed by the said or any other railway company, or by any other company or persoUf 
 in conducting traffic upon the railway belonging to the said company, or in repairing and main- 
 taining the works of the said railway. 
 
 225 -Apprehension of Offenders without Warranf] The same section (13) authorizes any 
 officer or agent of a railway company, or any special constable duly appointed, and all such 
 persons as they may call to their assistance, to seize and detain the engine driver, &c. 
 committing any of these offences, and take him before a justice of the peace for the place 
 where the offence committed, without any other warrant or authority, and the justice is also 
 authorized to take cognizance of the offence upon complaint upon oath, without informa- 
 tion in writing, and to act summarily ; — or by sect. 14, the justice, if he shall think fit, may 
 commit the person charged for trial at the quarter sessions. 
 
 Digitized by Microsoft® 
 
460 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 RAILWAYS— coKtinwei. 
 
 I. Offences by Servants of Railway Companies — continued. 
 
 6. Bookkeeper refusing Inspection.'] Bookkeeper failing to permit any 
 
 shareholder to inspect books of accounts, or take copies or extracts 
 therefrom during the periods aforesaid ( «'. e. if no period prescribed 
 one fortnight before and one calendar month after every ordinary 
 meeting, s. 117). 
 
 II. Offences by Companies. 
 
 [/i is thought sufficient here merely to refer to the sections of the acts creating 
 the offences.'} 
 
 7. As to the conveyance of mails (1 & 2 Vict. c. 98, s. 12; 10 & 11 Vict 
 
 u. 85, s. 16) ; 8. Entering lands without consent (8 & 9 Vict. c. 18, 
 s. 89) ; 9. Obstructing water or gas supplies (8 & 9 Vict. c. 20, 
 B. 23); 10. Not restoring roads interfered with (Id. b. 57), or 11, 
 completing a substituted road (Id. s. 58) ; 12. Not repairing roads 
 used by them (Id.); 13. Not complying with justices' order to 
 make fences, &c. (Id. s. 62); 14. Failing to construct screens near 
 to a road (Id. s. 64); 15. Not complying with justices' order to 
 repair bridges, fences, &c. (Id. s. 65) ; 16. Omitting to transmit 
 copy of annual account to overseers and clerk of peace(Id.s.l07); 
 17. Not using engines required (Id. s. 114); 18. Constructing 
 railway on different gauge than allowed (9 & 10 Vict, c. 67, =. 6) 
 
 III. Offences by other Persons {Note 228> post, p. 462). 
 
 19. Obstructing Inspectors.'] Any person wilfully obstructing any in- 
 spector of railways in the execution of his duty. 
 
 20. Obstructing Officers."] Any person wilfully obstructing or impeding 
 
 any officer or agent of any railway company in the executioii of 
 his duty upon any railway, or upon or in any of the stations, or 
 other works or premises connected therewith, 
 or 
 
 21. Wilfully trespassing tipon any railway, or any of the stations or othev 
 
 works or premises connected therewith, and refusing to quit the 
 same upon request to him made by any officer or agent of the 
 company, 
 
 or 
 
 22. Others aiding or assisting therein* 
 
 8 & 9 Vict. 
 c. 16, s. 119 
 {Note 226)- 
 
 3 & 4 Vict, 
 u. 97, B. 6. 
 
 Id. s. 16. 
 
 226 Witnesses.] By section 155, a penalty of not exceeding £.5 is imposed on a witness 
 refusing to appear to a summons or to be examined. See sect. 7 of 11 & 12 Vict, c.43, ii»*c, 
 p. 122. 
 
 227 Appeal] By 8 8r 9 Vict. c. 16, s. 159, — " if any party shall feel aggrieved by any 
 determination or adjudication of any justice with respect to any penalty or forfeiture under 
 the provisions of this or the special act, or any act incorporated therewith, such party may 
 appeal to the general quarter sessions ifor the county or place in which the cause of appeal 
 shall liave arisen ; — but no such appeal shall be entertained unless it be made within four 
 months after the making of such determination or adjudication, — nor unless ten days' 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 RAILWAYS. 
 
 461 
 
 Time of laying 
 iiirormation. 
 
 l^Iuniber 
 and what 
 J ustices to 
 
 Penalty, &c. 
 ana 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, &c. 
 to wliom 
 
 Page, Sic. 
 of 
 
 &c. 
 
 convict. 
 
 Mode of enforcing. 
 
 Sec' 
 
 payable. 
 
 PormuliBt. 
 
 6 "Within 6 
 
 Two 
 
 Not exceeding £5 (s. 119);— levied 
 
 Yes 
 
 To share- 
 
 
 [cal. (s. 3)] 
 
 (s. 147). 
 
 hy distress (ss. 14S, 150); -in de- 
 
 (Note 
 
 holder 
 
 
 months 
 
 
 fault, commitment to gaol for noi 
 
 227)- 
 
 asking in- 
 
 
 (s. 153). 
 
 •• 
 
 exceeding 3 [cal. (s. 3)] months, 
 unless sooner paid (s. 149). 
 
 [Mem. As to the penalties for these 
 offences and the mode of proceeding 
 for recovering them, the reader is 
 referred to the acts themselves ; only 
 a few of them are cognizable before 
 justices, the others being recoverable 
 by action.'} 
 
 
 spection 
 &c.(s.lI9). 
 
 •• 
 
 19 -Within 
 
 One. 
 
 Not exceeding jglO j — in default of 
 
 No. 
 
 Treas. of 
 
 No. 7, 
 
 6 cal. m. 
 
 
 payment, imprisonment for not 
 
 
 CO. Sec, not 
 
 p. 193. 
 
 (11 & 12 Vict. 
 
 
 exceeding 3 calendar months, 
 
 
 being ap- 
 
 
 C.43, B. 11). 
 
 
 unless sooner paid (s. 6). 
 
 
 plied by the 
 act (see 
 
 ante, 
 p. 190). 
 
 
 20) On oath, 
 22/ and within 
 
 One. 
 
 Not exceeding £5 ; — and in default 
 
 No. 
 
 Id. 
 
 Nos. 
 
 
 of payment, imprisonment for not 
 
 
 
 8-10, 
 
 6 cal. ra. 
 
 
 exceeding 2 calendar months, 
 
 
 
 p. 193. 
 
 (11 & 12 Vict. 
 
 
 unless sooner paid (s. 16). 
 
 
 
 
 c.43, s. 11, 
 
 
 
 
 
 
 Note 229, 
 
 
 
 
 
 
 post, p. 463). 
 
 
 
 
 
 
 notice in writing of such appeal, stating the nature and grounds thereof, be given to the 
 party against whom the appeal shall be brought, — nor unless the appellant forthwith after 
 such notice enter into recognizances, with two suflicient sureties, before a justice, con- 
 ditioned duly to prosecute such appeal and to abide the order of the court thereon." By 
 s. 160, " at the quarter sessions for which such notice shall be given, the court shall proceed 
 to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn 
 it to the following sessions ; — and upon the hearing of such appeal, the court may, if they 
 think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudi- 
 cation, and order any money paid by the appellant, or levied by distress upon his goods, 
 
 Digitized by Microsoft® 
 
462 
 
 Summary Convictions, 
 
 [PAKT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 RAILWAYS— c<m«mued. 
 
 III. Offences by other Persons — continued. 
 
 23. Injuring Boards of Bye- Laws.'] Any person pulling down, 
 
 or 
 
 24. Injuring, 
 
 any board put up or affixed as required by this or the special 
 act, or any act incorporated therewith, for the purpose of pub- 
 lishing any bye-law or penalty, 
 or 
 
 25. Obliterating any of the letters or figures thereon. 
 
 26. Jurors.l Any person summoned and returned upon any jury under 
 
 this or the special act, whether common or special, not appearing, 
 or 
 
 27. If appearing, refusing to make oath, 
 
 or 
 
 28. In any other manner unlawfully neglecting his duty. 
 
 29. Witnesses.'] Any person duly summoned to give evidence upon any 
 
 such inquiry, to whom tender of reasonable. expenses made, failing 
 to appear, 
 
 or 
 
 30. Any person, whether summoned or not, appearing as a witness re 
 
 ^sing to be examined on oath. 
 
 31. 
 
 32 
 
 Obstructing Construction of.] Any person wilfully obstructing any 
 person, acting under the authority of the company in the lawful 
 exercise of their power in setting out the line of the railway, 
 
 Pulling up or removing any poles or stakes driven into the ground 
 for the purpose of so setting out the line, 
 or 
 
 33. Defacing or destroying any marks made for the same purpose. 
 
 34. Not fastening Gates.] Any person omitting to shut and fasten any 
 
 gate set up at either side of railway for the accommodation of the 
 owners or occupiers of the adjoining lands, as soon as he and 
 the carriage, cattle or other animals under his care have passed 
 through the same. 
 
 35. Mines.] Any owner, lessee or occupier of any mine refusing to allow 
 
 any person, appointed by the company for that purpose, to enter 
 into and inspect any mine or works (see s. 83). 
 
 8j9Vict C.16, 
 
 s. 146 
 i.Note2%%). 
 
 18, 
 
 & 9 Vict. 
 {Note 231). 
 
 Id. s. 45. 
 
 8&9Vict.c.20, 
 
 s. 24 
 
 {Note 233). 
 
 Id. s. 75. 
 
 Id. s. 84. 
 
 to be returned to him, and may also order such further satisfaction to be made to the party 
 injured as they may judge reasonable ; —and they may make such order concerning the 
 costs, both of the adjudication and of the appeal, as they may think reasonable." 
 
 228 Puhlication of Penalties and Bye-Laws.] By sect. 145 of the 8 Vict. c. 16, and 
 sect 143 of the 8 & 9 Vict. c. 20, short particulars of offences for which any penalty is 
 imposed by these acts, — or the special act, — or any act incorporated therewith, — or by any 
 bye-law of the company, affecting other persons than shareholders, officers or servants of 
 the company, — must be published and kept published on a board and hung up on the 
 company's premises, before any such penalty can be recovered. By sect. 1 of the 8 & 9 
 Vict. c. 20, it is only to apply " to every railway which shall by any act which shall 
 thereafter be passed be authorized to be constructed, and which shall be incorporated with 
 such act." "^ 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 RAILWAYS. 
 
 463 
 
 Time of laying 
 Information, 
 
 Number 
 
 and what 
 
 Jiiftlcefi to 
 
 convict. 
 
 23 \ Within 6 
 
 25/ [cal. s. 3] 
 
 m. (s. 153, 
 
 Note 230). 
 
 26 
 28 
 
 \ Within 6 
 
 / [cal. s. 3] 
 
 m. (s. 142). 
 
 29) 
 30 j 
 
 Id. 
 
 Two 
 
 i. 147). 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing^. 
 
 Two 
 (s. 136), 
 
 Id. 
 
 31 X Within 6 
 
 33 S [cal. s. 3] 
 
 m. (s. 151, 
 
 NoteZZO)- 
 
 Two 
 (s. 145), 
 
 34 
 
 35 
 
 Id. 
 
 Id. 
 
 IfAp. 
 
 peal, and 
 
 Time, 
 
 &c. 
 
 Penalty, &c 
 to wliom 
 payable. 
 
 Id. 
 
 Id. 
 
 Not exceeding £5, and expenses 
 attending restoration of board 
 (s. 146) ! — ^levied by distress (s 
 148) ; — if distress insufficient, im- 
 prisonment for not exceeding S 
 [cal. s. 3] months, unless sooner 
 paid (s. 149). 
 
 Not exceeding £10 (s. 44) i — ^levied 
 by distress (s. 137); — in default 
 of distress, impr. for not exceed 
 ing 3 cal. m., unless sooner paid 
 (11 & 12 Vict u. 43, o. 22, ante, 
 p. 179). 
 
 Not exceeding £10 (s. 45) ; — reco- 
 vered as Offences 26 to 28, supra. 
 
 Not exceeding £6 (s. 24) i — ^levied 
 by distress (s. 146) ; — ^if distress 
 insufficient, imprisonment with- 
 out bail for not exceeding 3 [cal, 
 s. 3] m., unless sooner paid (s, 
 147). 
 
 Not exc. 40*. (b. 75); — recovered 
 as Offences 31 to 83, swpra. 
 
 Not exceeding £20 (s. 84) (—reco- 
 vered as Offences 31 to 33 
 sufra. 
 
 Yes 
 (ss. 
 159, 
 160, 
 
 Note 
 
 227). 
 
 Yes 
 (ss. 
 146, 
 147, 
 Note 
 
 232). 
 
 Id. 
 
 Not exc. 
 
 half to inf., 
 
 and rem. to 
 
 overs, for 
 
 benefit of 
 
 poor 
 (s. 152). 
 
 To be 
 applied in 
 satisfaction 
 of the costs 
 of the in- 
 quiry 
 (s. 44). 
 
 To the party 
 
 aggrieved 
 
 (.s. 45). 
 
 Yes 
 (ss. 
 157, 
 158, 
 Note 
 
 233 a) 
 
 Id. 
 
 Id. 
 
 Not more 
 
 than half to 
 
 inf., and 
 
 remainder 
 
 to overseers 
 
 in aid of 
 
 poor rate 
 
 (s. 150). 
 
 Id. 
 
 The com- 
 pany (s. 84). 
 
 229 Apprehension without Warrant.'] Offenders may be seized on commission of the 
 offence and taken before a justice (s. 16). 
 
 230 Detention of Offenders.'] Officers of the company may detain unknown offenders, 
 and convey them with all convenient speed before some justice (s. 154). 
 
 231 Witnesses.] Sect. 143 of this act is a like clause as in Note 226. 
 
 232 -Appeal.] These clauses of the 8 & 9 Vict. c. 18, are precisely similar to those in 
 the 8 & 9 Vict. c. 16, set out in Note 227. 
 
 233 Witnesses.] Sect 153 of this act is alike clause as in Note 226. 
 
 233 a -Appeal] The appeal clauses are set out in Note 55) title " Cemeteries," ante, 
 p. 257. 
 
 Digitized by Microsoft® 
 
464 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 RAILWAYS— eo«<mMerf. 
 
 III. Offences by other Persons — continued. 
 36. Toll Boards or Milestones.'] Any person wilfully pulling down, 
 
 or 
 
 37. Defacing, 
 
 38. Destroying, 
 
 any board of tolls or milestones (see ss. 93, 94). 
 
 39. Refusing to produce Way Bills, Sfc.l Any person, being the owner or 
 
 having the care of any carriage or goods passing or being upon 
 
 the railway, failing to give account in writing to collector of tolls 
 
 of the number and quantity of goods, &c. 
 
 or 
 
 40. To produce his way bill or bill of lading to collector, &c. ■ 
 
 or 
 
 41. Giving a false account, 
 
 or 
 
 42. Unloading or taking oif any part of his lading or goods at any other 
 
 place than mentioned in account, with intent to avoid payment of 
 tolls. 
 
 43. Passengers practising Frauds.] Any person travelling, 
 
 or 
 
 44. Attempting to travel, 
 
 in any carriage of the company, or of any other company or 
 
 party using the railway, without having previously paid his fare 
 
 and with intent to avoid payment thereof {Note 235)) 
 
 or 
 
 45. Any person having paid his fare for a certain distance, knowingly 
 
 and wilfully proceeding in any such carriage beyond such distance 
 
 without previously paying the additional fare for the additional 
 
 distance, and with intent to avoid payment thereof, 
 
 or 
 
 46. Any person knowingly and wilfully refusing or neglecting, on arriving 
 
 at the point to which he has paid his fare, to quit such carriage. 
 
 8 & 9 Vict, 
 c. 20, s. 95 
 {Note 233). 
 
 Id. s. 99. 
 
 Id. 5. 103. 
 
 234 Detention of Offenders.] By sect. 104, persons discovered either in or after practising 
 these frauds may be detained by any oificer or servant of the company, and taken before a 
 justice. 
 
 235 Decision as to what is an Evasion of Fare.] In the case of Reg. V. Frere (24 L. J. 
 (N. S.) M. C. 68 ; 19 J. P. 261), F. being at Colchester, and intending to travel by the' 
 E. C. Railway only as far as the Diss Station, purposely applied for and obtained from the 
 company's clerk at the Colchester Station, within the borough of Colchester, a ticket for 
 Norwich, and paid the fare demanded to Norwich. The proper fare to Diss was Is., and 
 the fare to Norwich, though nineteen miles further from Colchester than Diss, was, owing 
 to competition, 5*. only. On the arrival of the train at Diss, F. got out of the train and 
 delivered his ticket to the collector, and refused to pay the difference of fare to Diss, 
 though demanded by the collector. By one of the company's bye-laws, it was provided 
 that every passenger should pay his fare previously to entering a carriage of the company, 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 RAILWAYS. 
 
 46.5 
 
 Time of lay jng 
 
 Inrorniatlon, 
 
 4c 
 
 36 \ Within 6 
 38/ [cal. s. 3] 
 m. (s. ISl, 
 Note 250)- 
 
 391 
 42 1 
 
 Id. 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Two 
 (s. 145). 
 
 Not exceeding £a (s. 95 ), and make 
 good the damage done (s. 152); 
 — recovered as Offences 31 to 
 33, supra. 
 
 Id. 
 
 1 Id. 
 
 / (Note 
 
 234). 
 
 Id. 
 
 Penally, ic. 
 
 ana 
 
 lUode of euforcingp. 
 
 Not exceeding iSlO for every ton of 
 goods, or for any parcel not ex- 
 ceeding 1 cwt, and so in propor- 
 tion for any less quantity of goods 
 than 1 ton, or for any parcel ex- 
 ceeding 1 cwt. which shall be 
 upon such carriage (s. 99); — re- 
 covered as Offences 31 to 33, 
 supra. 
 
 Not exc. 40s. (s. 103) ; — levied by 
 distress (s. 146) j — if distress in 
 sufficient, imprisonment for not 
 exceeding 3 [cal. s, 3J months, 
 unless sooner paid (s. 147). 
 
 Yes 
 (ss. 
 157, 
 158, 
 
 Note 
 
 233a) 
 
 Id. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Id. 
 
 Penalty, &c. 
 to wliom 
 payable. 
 
 Pen. not 
 more than 
 half to inf. 
 and rem. to 
 
 overseers 
 
 (s. 150), 
 damage to 
 treas. of co. 
 
 &c. (see 
 anie,jt.l90). 
 
 The com- 
 pany (s. 99) 
 
 Id.(s. 103), 
 
 Page, &c. 
 
 of 
 Formullst. 
 
 Nos. 14, 
 15, 16, 
 p. 194. 
 
 upon payment of which he would be furnished with a ticket, specifying the class of 
 carriage and distance for which the fare was paid, which ticket such passenger was 
 required to show when requested by a servant of the company, and to deliver up the same 
 before leaving the carriage ; and that any passenger who should enter a carriage without 
 having paid his fare, or who should refuse to show or deliver up his ticket when required, 
 was thereby subjected to a penalty rot exceeding 40*. Under this bye-law F. was con- 
 victed, by two justices of the borough of Colchester, in a penalty of lOs., for having, within 
 the said borough, unlawfully and wilfully entered a carriage of the said company for the 
 purpose of travelling upon the said railway from Colchester to Diss, not having previously 
 paid his fare for so travelling : Held, that, supposing F. to have committed the alleged 
 offence against the bye-law, it was committed within the borough of Colchester ; but that 
 no such offence had been committed by him, and that the conviction therefore was bad. 
 
 O.S. 
 
 H H 
 
 Digitized by Microsoft® 
 
466 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 RAILWAYS— coHiJBMerf. 
 
 III. Offences by other Persons — continued. 
 
 47. Sending dangerous Goods.'\ Any person sending by the railway any 
 
 aquafortis, oil of vitriol, gunpowder, lucifer matches, or any other 
 goods which in the judgment of the compaiiy may be of a dan^ 
 gerous nature, without distinctly marking tlAir nature on the out- 
 side of the package containing the same, or otherwise giving notice 
 in writing to the bookkeeper or other servant of the company with 
 whotn the same are left at the time of so sending. 
 
 48. Offending against Bye-Laws.'] Any person offending against dny bye- 
 
 law made by the company and duly confirmed {Note 236)- 
 
 49. Using Engines without yipproval.] Any persbn, whether the owner or 
 
 other person, having the care thereof, bringing or using upon the 
 
 railway any locomotive or other engine, or any moving power, 
 
 without certificate of approval of cbmpany {See s. 115), 
 
 or 
 
 50. After notice by company to remove any such erigin'e firota the railway, 
 
 not forthwith removing same, 
 or 
 
 51. Aftei- notice by company not to use any such engine on the railway, 
 
 using same without first repairing and obtaining certificate of 
 approval from company. 
 
 52. Using Carriages contrary to Regulations.'] Ahy carriage tiot being of 
 
 such consiruction or in siich condition as the regulatioris of the 
 company for the time being require, being made to pass or be 
 uJ)on any part of the railway (excejpt as afotesaid, see s. 117). 
 
 8 & 9 Vict. 
 c. 2b, s. 105 
 {Note 233). 
 
 Id. s. 109. 
 
 Id. s. 116. 
 
 Id. s. 119. 
 
 236 2'Ae making and Publication of Bye -Laws — The usual Bye-Laws of Railway Com- 
 panies.] By s. 108 of the 8 & 9 Vict. c. 20 (which applies to railways constructed under 
 acts ijasSed after 8th May, 1845, see sect. 1), railway companies are authdrized to make re- 
 gulations for regulating the use of the railway, which is to be done by bye-laws reduced 
 into writing, and have affiled thereto the common seal of the company (s. 109). The 
 substance of such bye-laws, when confirmed or allowed by the Board of Trade, pursuant 
 to 3 & 4 Vict. e. 97, ss. 7, 8, 9, is to be painted on boards, or printed on paper and pasted 
 on boards, and hung up and affixed and continued on the front or other conspicuous part 
 of the wharf or station of the company j and such boards are to be renewed from time to 
 time as often as the bye-laws thereon aire obliterated or destroyed, and no penalty imposed 
 thereby is recoverable, unless the bye-laws shall have been so published and kept pub- 
 lisheil (s. 110). Bye-laws when so confiirmed, published and affixed are to'be binding on 
 all parties ; the proof of publication being, that a paper bi: board containing a copy of the 
 bye-laws was affixed and continued as directed (s. 111). The seal of the company lb the 
 bye-laws need not be proved (see 8 & 9 Vict. c. 113, s. 1). With respect to the legality 
 Ota bye-law, it was decided in the case bf flc^. v. flose (24 L. J. (N. S.) M. C. 130 i 19 J. P. 
 676), under the Public Health Act, tiiat where a magistrate has to adjudicate on a complaint 
 for violation bf a bye-law, it is his duty to decide oh any objection to the validity of the 
 bye-law,^ although the same may have been duly confirmed, arid thai he will exceed his 
 jurisdiction if he convicts on the mere proof of fects bringing the case within the bye- 
 law, without also deciding that the bye-law is godd. 
 
 The foUbwing are the short statements of the bye-laws made by the principal railway 
 
 Digitized by Microsoft® 
 
CHAP. II.'] 
 
 EAILWAYS. 
 
 467 
 
 Time or laylnfj. 
 lulbrtuallbti. 
 
 47 Within 6 
 
 [cal. s. 3] 
 
 m. (s. 151, 
 
 Note 234)- 
 
 Number 
 and Hliat, 
 Justices to 
 
 convict. 
 
 Two 
 
 (s. 145). 
 
 Penalty. &c. 
 
 auu 
 
 Mode ofenforcinEf. 
 
 48 
 
 ?} 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 £20 (s. 105) i— recovered as Of- 
 fences 49 — 51, infra. 
 
 Not exceeding £5, as imposed by 
 the bye- law (s. 109) ; — ^recovered 
 as Offences 49 — 51, infra. 
 
 52 
 
 Id. 
 
 Not exc. £20 (s. 116) ; — recoverable 
 by distress (s. 146) ; — if insufB 
 cient, imprisonment for not exc. 
 3 [calendar (s. 3)] months, unless 
 sooner paid (s. 147). 
 
 ir Ap- 
 peal, and 
 Time, 
 
 Yes 
 (ss. 
 157, 
 158, 
 N6ie 
 
 233 a) 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 to wlmiu 
 payattle. 
 
 The com- 
 pany (s. 
 105). 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 
 (s. 150). 
 
 The 
 company 
 (s. 116). 
 
 Id. 
 
 Owner of carriage, or any person 
 having for the time being the 
 charge thereof, to forfeit not ex- 
 ceeding £10(s.ll9)i— recovered 
 as Offences, 49—51, stipra. 
 
 Id. 
 
 Page, &c 
 of 
 
 Forniiilifit. 
 
 No. 17, 
 
 pp. 
 194— 
 
 197. 
 
 Id. 
 (s. 119). 
 
 companies: — Not prodijcing or delivering up ticket when required (L. & S. E., Gt. N., 
 L. & S. W., E. C. and Gt. W.) ; — Travelling in a superior class carriage to that for wliich 
 fare paid (L. & S. E., Gt. N., L. & S. W., E. C, L. & N. W. and Gt. W.) j-The like with a 
 double journey ticket (L. & S. W.) ; — Continuing journey beyond distance paid for 
 (L. & N. W., Gt. W.) ; — Attempting to evade payment of fare(L. & N. W.) ;— Passenger 
 forcing his way into a carriage without having procured a ticket (Gt. W.) ; — Smoking in 
 carriages or stations (L. & S. E., Gt. N., L. & S. W., L. & N. W., Gt. W. and E. C.) ; — 
 Smoking after being warned to desist (L. & S. E., Gt. N., L. & S. W., L. & N. W. and 
 E. C.) ; — Persons found in carriage, &c., in a state of intoxication (L. & S. E., Gt. N., 
 L. & S. W., L. & N. W. and E. C.) ; — Persons committing nuisance in carriage or stations 
 (Id.) ;— Interfering with the comfort of other passengers (Id.) ; — Conducting himself im- 
 properly (Gt. W.) ; — Being intoxicated to the annoyance of passengers (Gt. W.) ; — Obstruct- ' 
 ing officers of company on duty (Gt. W., L. & N. W.) ;— Passengers damaging lining, &c. 
 of carriages, or other property (L. & S. E., L. & S. W., L. & N. W., Gt. N., E. C, Gt. W.) ; 
 —Persisting in riding on roof, &c. of carriage (L. & S. E., L. & S. W., Gt. N. and E. C.) ; 
 -^Entering or leaving carriage while train in motion (L. & S. E., L & S. W., L. & N. W., 
 Gt. N. and E. C.) The mode of describing each of the above bye-law offences is set out 
 in Oke's " Formulist," 2nd edit., pp. 194^197. 
 
 With referetipe to the proceedings before justices for offences committed against bye-1'a'ws 
 made under special acts of companies incorporated before the passing pf the 8 & 9 Vict. c. 
 20 (8th May, 1845), the special act should be consulted (see 19 3. P. 279). 
 
 H h2 
 
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468 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences rvithin the 11 & 12 Vict. c. 43. 
 
 statute. 
 
 KA 
 
 ILWAYS— coniinaed. 
 
 
 
 III. Offences by other Persons — continued. 
 
 
 S3. 
 
 54. 
 
 injuring Boards of Bye-laws or Penalties.'] Any person pulling down, 
 or 
 Injuring, 
 
 any board set up or affixed as required "by this or the special 
 act for the purpose of publishing any bye-law or penalty, 
 
 8 & 9 Vict. 
 c. 20, s. 144 
 {Note 233). 
 
 55. 
 
 Obliterating any of the letters or figures thereon. 
 
 
 REFORMATORY SCHOOLS (.Note 237). 
 
 
 1. 
 
 Juvenile ofiender directed to be detained in a reformatory school, 
 absconding therefrom, 
 
 17 & 18 Vict. 
 c. 86, s. 4. 
 
 2. 
 
 Wilfully neglecting or refusing to abide by and conform to the rules 
 of such school. 
 
 
 3. 
 
 Any person who shall directly or indirectly wilfully withdraw such 
 young person [\. e., any young person sentenced under the 17 Sf 
 18 Vict. c. 86, to be detained in any reformatory school duly cer- 
 tified by the secretary of state], from such school, 
 
 19 & 20 Vict 
 c. 109, s. 9. 
 
 4. 
 
 Induce him or her to abscond therefrom, — before he or she has been 
 regularly discharged. 
 
 
 5. 
 
 Juvenile offender who shall abscond from the person with whom he 
 is placed by the managers of the school, — or who shall refuse to 
 return to the school at the end of the term so placed out, or before 
 the end of the term, when required by the managers. 
 
 20 & 21 Vict. 
 c. 55, s. 13. 
 
 237 What sufficient Evidence as to Certificate of Schml and Identity of Child — Questimt 
 arising under 17 8; 18 VicUcZG.] Bys. 8of the 19 & 20 Vict c. 1 09,— " whenever it shall 
 be necessary to prove tliat any reformatory or industrial school, or other similar institution, 
 is duly certified or sanctioned by the Secretary of State, the production of an attested copy 
 of the certificate shall be sufiicient evidence thereof; — and the production of an original 
 duplicate of the warrant of commitment, or a copy of the warrant of commitment, with a 
 memorandum as aforesaid (i. e. a memorandum at the foot stating that the young person 
 named therein and sent therewith is identical with the person delivered with the warrant, 
 of which the instrument is a duplicate or copy, to the gaol or house of correction, s. 7), 
 signed, or purporting to be signed, by the governor or keeper of the gaol or house of cor- 
 rection from which the young person in question was sent, as hereinbefore provided, 
 accompanied by a statement signed, or purporting to be signed, by the manager or super- 
 intendent or master or matron of any reformatory or industrial school, or other similar 
 institution, that the young person named in such warrant or copy was duly received into, 
 and IS at the signing thereof detained in such school or institution, or has been otherwise 
 
 Digitized by Microsoft® 
 
CHAP. II.] RAILWAYS- REFORMATORY SCHOOLS. 
 
 469 
 
 Time of laying 
 Inrormatioii, 
 
 Number 
 and what 
 JiiBtlcee to 
 
 Penalty, &c. 
 and 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, &c. 
 to whom , 
 
 Page, 4c. 
 
 Sic, 
 
 convict. 
 
 Mode of enforcing. 
 
 &c.' 
 
 payable. 
 
 FormullBt. 
 
 53\ Within 6 
 
 55/ [cal. 5. 3] 
 
 Two 
 
 Not exceeding £5, and to defray 
 
 Yes 
 
 Pen. not 
 
 No. 18, 
 
 (s. 145). 
 
 expenses attending restoration of 
 
 (ss. 
 
 more than 
 
 p. 197. 
 
 m. (s. 151, 
 
 
 board (s. 144); — recovered as 
 
 157, 
 
 half to inf. 
 
 
 Note 234). 
 
 
 Offences 49—51, supra. 
 
 158, 
 Note 
 
 233 a) 
 
 and rem. to 
 overs, of 
 
 poor 
 (s. 150); 
 
 damage to 
 treas. of 
 
 county, &c. 
 
 (see ante, 
 
 p. 190). 
 
 
 1 I Within 
 
 One, 
 
 Commitment to prison, with or 
 
 No. 
 
 
 Nos. 1, 
 
 2 \ 6 cal. m. 
 
 where 
 
 without hard labour, for any 
 
 
 
 2, 3, 
 
 (11 & 12 
 
 offender 
 
 period not exceeding 3 calendar 
 
 
 
 p. 197. 
 
 Vict. c. 43, 
 
 shall be 
 
 months (s. 4 ; see Note 237). 
 
 
 
 
 s. 11). 
 
 at time 
 he ab- 
 sconds, 
 &c. 
 
 (s. 4). 
 
 
 
 
 
 3-1 Within 
 4/6 cal. m. 
 
 One. 
 
 Not exc. £5;— in default of pay- 
 
 No. 
 
 Treasurer 
 
 Nos. 4, 5, 
 
 
 ment, imprisonment for not exe. 
 
 
 of the insti- 
 
 p. 197. 
 
 (11 & 12 Vict. 
 
 
 60 days (s. 9), unless sooner paid. 
 
 
 tution (s. 9). 
 
 
 c. 43, s. 11), 
 
 
 
 
 
 
 on complaint ot 
 
 
 
 
 
 
 ofRcerof school, 
 
 
 
 
 
 
 or other person 
 
 
 
 
 
 
 authorized by 
 
 
 
 
 
 
 the managers. 
 
 
 
 
 
 
 5 Within 
 
 One 
 
 To be held to have absconded from 
 
 No. 
 
 .. 
 
 .. 
 
 6 cal. m. 
 
 (17 & 18 
 
 the school, and liable to the 
 
 
 
 
 (11 & 12 Vict. 
 
 Vict. 
 
 punishment by 17 & 18 Vict. 
 
 
 
 
 C.43, s. 11). 
 
 c. 86, 
 
 s. 4). 
 
 c. 86, ». 4 (Offences 1, 2, supra). 
 
 
 
 
 disposed of according to law, shatl in all proceedings whatsoever be sufficient evidence of 
 the due conviction and imprisonment, and subsequent detention and identity of the young 
 person named in such warrant. 
 
 The acts 1? & 18 Vict. u. 86, and 18 & 19 Vict. c. 87, are to be read as part of the 
 19 & 20 Vict. c. 109 (s. 12). 20 & 21 Vict. c. 55, is another act on the subject. An abstract 
 of the whole is given at pp. 157 — 165. Several questions will occur with respect to the 
 offence of a juvenile absconding from a reformatory ; 1. Can the offender be again sent on 
 this conviction to the or any reformatory 1 2. Are the managers bound to receive Mm, or 
 is the first consent applicable, while the term of detention is Unexpired? 3. Save the 
 managers power to taice him back at the expiration of his imprisonment for absconding, 
 without an order of justices ? 4. If the answer to question 1 is in the affirmative, can the 
 offender, if, at the time of conviction for absconding, he is above sixteen, be sent to a re- 
 formatory ? and 5. Can he be ordered to be detained for a period beyond fhs original term 
 for which he Was sent to the reformatory i 
 
 Digitized by Microsoft® 
 
470 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 EEFORMATORY SCHOOLS— conH/jMei. 
 
 6. Any person who, knowing any young person to have been withdrawn 
 or to have absconded from any such school, shall harbour or con- 
 ceal,— or assist in concealing, — such young person, — or prevent 
 him or her from returning to such school. 
 
 REGISTERS OF BAPTISM, &c. 
 
 1. Registering birth after 42 days otherwise than mentioned in sections 
 20 and 22. 
 
 2. Registering birth after 6 months. 
 
 3. Burying without certificate of registry. 
 
 4. Not duly registering, or losing, or injuring the register. 
 
 SEAMEN. 
 
 I. Offences by Seamen in British Ships, p. 470. 
 II. As TO Deserters from Foreign Ships, p. 470. 
 
 I. Offences by Seamen in British Ships. 
 [See title " Merchant Shipping," ante, pp. 404 — 408, Offences 
 
 Nos. 7.3 to 82 ; also. Nos. 1, 9, 23, 39, 40, 41, 48, 56, 57, 99, 
 by seamen ; and Offences Nos. 10—15, 20—32, 37, 38,41 and 72. 
 by masters in respect to seamen.] 
 
 II. As to Deserters from Foreign Ships. 
 
 {^Portugal, see Note 239-) 
 1. Knowingly protecting or harbouring any apprentice or sailor who 
 has deserted fipm a vessel belonging to a Portuguese subject. 
 
 20 & 21 Vict 
 c. 55, s. 14. 
 
 6 & 7 Will. 4, 
 c. 86, s. 22. 
 
 Id. s. 23. 
 Id. s. 27. 
 
 Id. s. 42. 
 
 12 & 13 Vict. 
 u. 25, s. 2. 
 
 238 AppMll "RyS Sil Will. 4, c. 86, s. 46, — "in all cases where the sum adjudgei 
 to be paid on any such summary conviction shall exceed £5 (see Seg. y. WarwieUsHre, 
 Note 7i ante, p. 192), any person convicted may appeal to the next general or quarter 
 sessions which shall be holden not sooner thaji twelve days after the day of sjjph conviction 
 for the county or other district wherein the cause of complaint shall have arisen ;— pro- 
 vided that such person shall give to the complainant a notice in writing of such appeal, 
 and of the cause and matter thereof, within three days after such conviction, and seven 
 clesir 4ays at the least before such sessions, — and shall also either remain in custody until 
 the sessions, or enter into a recognizance, with two sufficient sureties, before a justice of 
 the peace, conditioned personally to appear at the said sessions, and to try such appeal, 
 and to abide the judgment of the court thereupon, and to pay such costs as shall be by 
 the court awarded ; — and upon such notice being given, and such recognizances being 
 enterpd into, the court at such sessions shall hear and determine the matter of the appeal, 
 and shall make such order therein, with or without costs, to either party, as to the court 
 
 Digitized by Microsoft® 
 
CHAP. II.] REFORMATORY SCHOOLS-SEAMEN. 
 
 471 
 
 Time of hying 
 
 iDformatioa. 
 
 tic 
 
 Number 
 and what 
 Juslicee to 
 
 convict. 
 
 One. 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing;. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Penalty, &c. 
 to wliom 
 payable. 
 
 PaBe.Sic. 
 
 of 
 FormuliBt. 
 
 6 Within 6 
 
 eal. m. (11 
 
 & 12 Vict. 
 
 i;.43, B. 11). 
 
 Liable to the penalty imposed by 
 19 & 20 Vict. c. 109, s. 9 (Offences 
 3, 4, sup-a). 
 
 No. 
 
 Treas. of 
 the ipstitu- 
 tion (19 & 
 
 20 Vict, 
 c. 109, s. 9). 
 
 •• 
 
 1 Within 
 
 3 cal. m. 
 
 (7 Will. 4 
 
 & 1 Vict. 
 
 c. 22, s. 31). 
 
 Two. 
 
 Not exo. £50 (s. 22) ;— if not paid 
 forthwith, levied by distress ;-r- 
 and for want of distress, impr. for 
 not more than 1 cal. m., unless 
 sooner paid (s. 45). 
 
 Yes 
 
 (s. 46, 
 Note 
 
 238)- 
 
 One moiety 
 to inf. and 
 
 the other to 
 
 Reg. Gen. 
 
 for H. M. 
 
 (s. 45). 
 
 
 2 Id. 
 
 Two. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 .. 
 
 3 Id. 
 
 Two. 
 
 Not exc. £10 (s. 27) i— recovered 
 as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 • • 
 
 4 Id. 
 
 Two. 
 
 Not exc. £50 (s. 42) ; — ^recovered 
 as Offence 1, sapra. 
 
 Id. 
 
 Id. 
 
 
 1 Within 
 
 6 months 
 (17 & 18 Vict 
 c. 104, s. 525, 
 art. 1 (s. 2)). 
 
 Two 
 or more 
 (s. 518, 
 art 3). 
 
 iglO for every apprentice or seaman 
 harboured, &c.,— and recovered 
 under 7 & 8 Vict. c. 112 (s. 2); 
 now under 17 & 18 Vict. c. 104, 
 ante, title " Merchant Slipping." 
 
 Yes 
 
 (see 
 Note 
 
 189, 
 
 ante: 
 p.395). 
 
 H. M., 
 
 except 
 portion to 
 
 party 
 wronged 
 (s. 524). 
 
 ■ • 
 
 shall seem meet, — and in case of the dismissal of the appeal, or the affirmance of the con- 
 viction, shall order and adjudge the offender to be punished according to the conviction, 
 and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing 
 such judgment. 
 
 239 Treaty with Portugal — Justices to grant Warrant.'] Sect. 1 of 12 & 13 Vict. c. 25, 
 recites a treaty between her Majesty and the Queen of Portugal, signed on the 3rd of Jijly, 
 1842, and provides that, in case any apprentice or sailor shall desert from any vessel 
 belonging to any Portuguese subject or subjects, while such vessel shall be within any 
 port in any of her Majesty's dominions, or the territories of the East India Cpmpany, 
 justices having jurisdiction where the sailor or apprentice is found are, on application by a 
 Portuguese consul, to grant a warrant for his apprehension, and upon proof of desertion, 
 to order the apprentice or sailor to be conveyed on board the vessel, or to be delivered to 
 the master, mate or owner for that purpose. 
 
 Digitized by Microsoft® 
 
472 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 S E A M E N — cantimed. 
 
 I. As TO Deserters from Foreign Ships— coniinaed. 
 (Other Foreign Powers, see Note 2400 
 2. Knowingly protecting or harbouring any seaman or apprentice who 
 has deserted from any merchant ship belonging to a subject of 
 such power. 
 
 (Lascars.) 
 
 [See s. 22 of 18 & 19 Vict. c. 91, noticed under title ''Merchant 
 Shipping," ante, p. 404, Note 190] 
 
 SEDITIOUS MEETINGS. 
 
 1. Every person who shall become a member of any such society [i. e. 
 
 whereof the members shall, according to the rules, be required to 
 take oath to commit treason or capital felony, — or to engage in any 
 mutinous or seditious purposes, 52 Geo. 3, c. 104, s. 1 ; 37 Geo. S 
 t. 123, s. 1 i 57 Geo. 3, i;. 19, s. 25], 
 or 
 
 2. Who shall directly or indirectly maintain a correspondence or inter- 
 
 course with any such society, &c., 
 or 
 
 3. Who shall, by contribution of money or otherwise, aid, abet or support 
 
 such society, or any members or officers thereof, as such. 
 
 [See s. 15 as to opening places for lectures, &c. without being 
 licensed, and ss. 17, 19, as to refusing admittance to magis- 
 trates.] 
 
 SHEEP. (Note 241.) 
 1. Sheep, Sfc.l Bringing, or attempting to bring, any sheep, lambs, oxen, 
 bulls, cows, calves, or other horned cattle, into any market, fair, 
 or other open or public place where animals are commonly exposed 
 for sale, knowing the same to be infected with or labouring under 
 either of such disorders (i. e. a contagious or infectious disorder, 
 known or described as the sheep pox or variola ovina), or any 
 
 disorder of the like nature (Note 242). 
 
 15 Vict c. 26, 
 
 39 Geo- 3, c. 79, 
 s. 2. 
 
 11 & 12 Vict 
 c. 107, s. 1 
 (Notes 241. 
 
 243)- 
 
 240 Treaty with other Foreign Powers — What Orders in Council in force — Justices to 
 grant Warrant, and order Deserter to be conveyed on board Ship-I By s. 1 of 15 Vict c. 26, 
 her Majesty may, by order in council, declare, that seamen, not being slaves, who desert 
 from merchant ships belonging to a Subject of a foreign power (when it is made to appear 
 that due facilities are given for recovering seamen who desert from British merchant-ships 
 in those territories), when within her Majesty's dominions, may be apprehended and 
 given up. Orders in council have been made and published in the London Gazette in 
 respect of the following foreign powers (as ascertained by the Writer from the Board of 
 Trade, the dates after the places being that of the order in council); viz.-^Austria(16tli 
 Oct. 1852), Belgium (8th Feb. 1855), Chili (28th July, 1856), Denmark (13th June, 
 1853), France (3rd July, 1854), Hanover (8th June, 1854), Hanse Towns (16th Oct 
 1852), Mecklenburgh Schwerin (9th March, 1854), Morrocco and Fez (6th May, 1857), 
 Netherlands (9th March, 1854), Oldenburgh (13th June, 1853), Peru (7th January, 1858), 
 Prussia (16th October, 1852), Russia (7th January, 1858), Sardinia (10th March, 1855), 
 Sweden and Norway (7th January, 1858), and the Two Sicilies (23rd August, 1853). 
 
 Section 2 of the Act provides, that, during the time the order in council is in force, every 
 justice of the peace havingjurisdiction in cases of seamen deserting from British merchant- 
 ships in her Majesty's dominions, or in the territories of tlie East India Company, shall, 
 on application of the consul of the foreign power, aid in apprehending any seaman or 
 apprentice who deserts from any merchant-ship belonging to a subject of such power, 
 and may, on complaint on oath duly made, issue his warrant for the apprehension of any 
 such deserter, and upon due proof of the desertion, order him to be conveyed on board the 
 vessel to which he belongs, and to be delivered to the master, mate or owner of such vessel, 
 or His agent, to be so conveyed. 
 
 Digitized by Microsoft® 
 
CHAP. II.] SEAMEN-SEDITIOUS MEETINGS— SHEEP. 473 
 
 Time of laying 
 InformalioD, 
 
 Number 
 and what 
 Ju^iticeBto 
 
 convict. 
 
 Penalty, fcc, 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peai, and 
 'Time, 
 
 Penally, &c. 
 10 wnobi 
 payable. 
 
 Page, &c. 
 
 of 
 FormulM. 
 
 2 Within 
 
 Two 
 
 Not exc. £10 J — ^recovered as like 
 
 Yes 
 
 H.M., 
 
 ■ • 
 
 6 months 
 
 or more 
 
 Offence in respect of British 
 
 (see 
 
 except 
 
 
 (17 & 18 Vict. 
 
 (s. 518, 
 
 ships (s. 3); — see Offences 120, 
 
 Note 
 
 portion to 
 
 
 c. 104, s. 525, 
 
 art. 3). 
 
 121, ante, p. 414, tit. "Merchant 
 
 189, 
 
 party 
 
 
 art. 1 (s. 2)). 
 
 
 Shipping." 
 
 ante, 
 p.395). 
 
 wronged 
 (s. 524). 
 
 
 n Within 
 3/6 cal. m. 
 
 One 
 
 Deemed guiky of an Unlawful com- 
 
 Yes 
 
 One moiety 
 
 P. 200. 
 
 (s. 8). 
 
 bination and confederacy (s. 2), 
 
 (Note 
 
 to informer. 
 
 
 (11 & 12 Vict. 
 
 
 summary or indictable (s. 8) ;— 
 
 221). 
 
 and the 
 
 
 c. 43, s. 11), 
 
 
 imprisonment for 3 cal. m. Or 
 
 
 other 
 
 
 by attorney 
 
 
 not exceeding £20, levied by 
 
 
 moiety to 
 
 
 or solicitor- 
 
 
 distress, and for want of distress, 
 
 
 her Ma- 
 
 
 general 
 
 
 imprisonment for not exceeding 
 
 
 jesty 
 
 
 (9 & 10 Vict. 
 
 
 3 cal. m. (s. 8). 
 
 
 (s. 36). 
 
 
 C.33, s. 1). 
 
 
 Punishment or fine maybe mitigated 
 to not less than one-third (s. 9). 
 
 
 
 
 1 In writing 
 
 Two 
 
 Not exceeding £20 (s. 1);— levied 
 
 Yes 
 
 One half to 
 
 No. 1, 
 
 (s. 8), and 
 
 (s. 8). 
 
 by distress (s. 9) ; — in default of 
 
 (Note 
 
 inf and. the 
 
 p. 200. 
 
 within 2 
 
 
 distress, committal to gaol, there 
 
 245)- 
 
 other half 
 
 
 cal. m. (s. 14, 
 
 
 to remain without bail for not 
 
 
 to H. M., to 
 
 
 Note 244)- 
 
 
 exceeding 3 cal. months, unless 
 sooner paid (s. 10). 
 
 
 be paid un- 
 def3Geo.4, 
 c. 40, s. 13. 
 
 
 241 Duration of Act."] These offences are under the " act to prevent, until the 1st of 
 September, 1850, and to the end of the then session of parliament, the spreading of con- 
 tagious or infectious disorders among sheep, cattle and other animals," which act is further 
 continued by 19 & 20 Vict. 1. 101, " to the 1st of August, 1857, and to the end of the then 
 next session of parliament." 
 
 242 Seixure of Sheep.'] In case any sheep or lambs so infected be exposed or offered 
 for sale, or brought or attempted to be brought for that purpose, in any market. Sec, any 
 clerk or inspector, or other officer of such fair or market, or any constable or policeman, 
 or any other person authorized by the mayor or any two justices of the peace having juris- 
 diction in the place, or any person authorized or appointed by her Majesty in council, may 
 seize the same, and report such seizure to the mayor or any justice j— and such mayor or 
 justice may either restore the same, or cause the same, together with any pens, hurdles, 
 troughs, litter, hay, straw or other articles likely to have been infected thereby, to be forth- 
 with destroyed or otherwise disposed of in such manner as he shall deem proper (s. 1), or 
 as privy council may by order direct (s. 4). 
 
 243 Witnesses.'] Sect. 15 imposes a penalty of not exceeding £5 on n. witness not 
 appearing to a summons, or refusing to be examined. See ante, p. 122. 
 
 244 Summmis.] A summons must be granted. Service personal or at abode. Hearing 
 may beex parte (s. 8) ; this is a statute passed since Jervis's Act, 11 & 12 Vict. t. 43, and 
 therefore its provisions must govern proceedings under it. 
 
 245 Appeal.] By 11 & 12 Vict. c. 107, s. 17, — "if any person shall think himself 
 aggrieved by any determination or adjudication of any justice with respect to any penalty 
 or forfeiture under the provisions of this act, he may appeal to the general or quarter 
 sessions for the county or place in which the cause of complaint shall have arisen ; — but 
 
 Digitized by Microsoft® 
 
474 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences roithin the 11 & 12 Vict. c. 43. 
 
 SHEEP-^conimaeA 
 
 2. Turning out, keeping or depasturing any sheep or lamb so infected 
 in or upon any forest, cliase, wood, moor, marsh, heath, common 
 waste land, open field, roadside, or other undivided or uninclosed 
 land. 
 
 3. Horses.'^ Any person bringing, or attempting to bring, for sale any 
 
 horse or other animal into any market, fair, or other open or public 
 place where animals are commonly exposed for sale, knowing ?uolj 
 horse or other animal to be infected with or labouring under the 
 disease called glanders. 
 
 4. Any person turning out, keeping or depasturing any horse or other 
 
 animal infected with or labouring under any such disease [called 
 glanders] in or upon any forest, chase, wood, moor, marsh, heath, 
 common, waste land, open field, road side, or other undivided or 
 uninclosed land. 
 
 5. Publicly exposing ot offering meat unfit for human food for sale in 
 
 any market, fair, or other open or public place. 
 ISame may be seized as sheep, Sfc. Note 242-J 
 
 6. Offending against the orders and regulations of privy council made 
 
 under this act (see s. 5). 
 
 7. Wilfully obstructing or impeding any person acting under the autho- 
 
 rity of this act, or of any order or regulation of privy council, 
 or 
 
 8. Aiding and assisting therein. 
 
 SHIPS, 
 
 The statute and sections relative to Ships' Ballast are the 
 
 As to Ships' Passengers, see title, infra 
 
 As to Ships' Pilots, see title "Merchant Shipping," Offences 87—9 
 ante, pp. 408, 4l0. 
 
 A s to Ship's Register, gee same title, Offences, 5 — 6, ante, p. 394 .... 
 
 11 & 12 Vict. 
 c. 107, s. 2 
 {Notes 241, 
 
 243). 
 
 16 & 17 Vict, 
 v;. 62, B. 1. 
 
 Id. 
 
 11 & 12 Vict. 
 t. 107, =. 3. 
 
 Id. 8. '. 
 
 Id. ». 7. 
 
 54 Geo. 3, 
 c. 159, ss. 11, 13 
 
 tio such appeal shall be entertained unless it be made within four [calendar 13 & 14 Vicfe c. 
 21, s. 4] months next after the making of such determination or adjudication, — nor unless 
 ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given 
 to the party against whom the appeal shall be brought, — nor Unless the appellant forth- 
 with after such notice enter into recognizances, with two sufficient sureties, before a justice, 
 conditioned duly to prosecute such appeal, and to abide the order of the court thereon. 
 By s. 18, — " at the quarter sessions for which such notice shall be given the Court sM 
 Digitized by Microsoft® 
 
CHAP, ll.j 
 
 SHEEP -SHIPS. 
 
 475 
 
 Time of laying 
 InformalioD, 
 
 Mumber 
 apd what 
 Ji^titiceB to 
 convict. 
 
 Penalty, ic. 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, «ic. 
 to whom 
 payable. 
 
 Page, &C. 
 
 of 
 Formullst. 
 
 2 In writing 
 
 (s. 8), and 
 
 within 2 
 
 cal. m. 
 
 (s. 14, 
 
 Note 244). 
 
 Two 
 
 (8. 8). 
 
 Not exceeding jg20 (s. 2) ; — ^reco- 
 vered as Offence 1, supra. 
 
 Yes 
 
 {Note 
 
 245)- 
 
 One half to 
 inf. and the 
 
 pther h^lf 
 to H. M., to 
 be paid un- 
 der 3 Geo. 4, 
 
 c. 46, s. 13. 
 
 No. 2, 
 p. 200. 
 
 3 Id. 
 
 Id. 
 
 Not exceeding £20 ; — recovered as 
 under 11 & 12 Vict. c. 107, Of- 
 fence 1, supra (s. 1). 
 
 Id. 
 
 Id. 
 
 No. 4, 
 p. 201. 
 
 4 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 No. 2, 
 p. 200. 
 
 5 Id. 
 
 Td. 
 
 Not exceeding ig20 (s. 3) ; — reco- 
 vered as Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 No. 3, 
 p. 201. 
 
 6 Id. 
 
 Id. 
 
 Not exceeding ig20, or such smaller 
 sum as privy council shall by 
 order direct (s. 4) ; — recovered as 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 ■ • 
 
 7 ) On oath, 
 
 8 ( may be de- 
 
 tained (s.7), 
 
 or within 2 
 
 cal. m. 
 
 (S.14). 
 
 One, 
 before 
 whom 
 tal^en 
 (s. 7). 
 Two, if 
 not de- 
 tained 
 (8. 8). 
 
 Not exceeding £5 ;-^n default of 
 payment, imprisonment for not 
 exceeding 2 calendar months, un- 
 less sooner paid (s. 7). 
 
 Id. 
 
 Id. 
 
 • • 
 
 
 
 [Mem. The offences referred to by 
 the statute and sections in the second 
 column of p. 474, not being of fre^ 
 quent occurrence, it is deemed itn: 
 necessary to set them out.'] 
 
 ■ 
 
 • • 
 
 P. 201. 
 
 *" 
 
 • • 
 
 " 
 
 " • 
 
 • fl 
 
 • • 
 
 
 
 • • 
 
 •• 
 
 • • 
 
 • ♦ 
 
 proceed to hear and determine the appeal in a summary way, or they may, if they think 
 fit, adjourn it to the following sessions ;— and upon the hearing of such appeal, the court 
 may, if they think fit, mitigate any penalty or forfeiture, or they m^y confirm or qiiash 
 the adjudication and order any money paid by the appellant, or levied by distress upon his 
 goods, to he returned to him, and may also order siich further satisfaction to be made to 
 the party injured as they may judge reasonable ; — and they may make such order, con- 
 cerning the costs, both of the adjudication and of the appeal, as they may think reasonable." 
 
 Digitized by Microsoft® 
 
476 
 
 Summary Convictions. 
 
 [part r. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 SHIPS' PASSENGERS. 
 
 I. As TO Ships in the Home Trade, p. 476. 
 II. As TO Steam Ships, p. 476. 
 
 III. As TO Colonial Ships, p. 476. 
 
 IV. As to Foreign Ships, p. 486. 
 
 I. As to Ships in the Home Trade. 
 
 [See title " Merchant Shipping," ante, p. 392, &c. for offences by masters 
 owners, pilots, &c.] 
 
 II. As TO Steam Ships. 
 
 [See title " Merchant Shipping," ante, pp. 414, 416, for Offences by 
 passengers in particular, Nos. 122, 128 to 133.] 
 
 III. As TO Colonial Ships. {See Note 246/'"' definitions.) 
 
 (1. Offences hy Masters or Owners.) 
 
 1. Not giving facility to emigration officers for inspection of ship fitting 
 for passengers. 
 
 18 & 19 Vict. 
 c. 119,8.-10. 
 
 246 To what Vessels and Voyages the Act extends— Definitions of " Colonial Voyage" 
 " Pdsiage," "Patsenger," "Ship," "Passenger Ship," "Statute Adult.'''] This act, "The 
 Passengers' Act, 1855," 18 & 19 Vict. c. 119, which came into operation on the 1st October, 
 1856, and repealed the act of 18^2 and amending acts (sees. 1 ), extends to every "passenger 
 ship" proceeding on any voyage from the United Kingdom to any place out of Europe, and 
 not being within the Mediterranean Sea, and on every " colonial voyagfe," and in the par- 
 ticulars mentioned in ss. 100, 101, 102 (Offences, 37, 38, 39), to every " ship" bringing pas- 
 sengers into the United Kingdom, from any place out of Europe, and not being within the 
 Mediterranean Sea ; but shall not extend to her Majesty's ships of war, nor to any ships 
 in the service of the Admiralty, nor in any ship of war or transport in the service of the 
 East India Company, nor to any steam vessel employed under a contract in the conveyance 
 of the public malls (s. 4). The term " colonial voyage" is to signify any voyage from any 
 place within her Majesty's possessions abroad (except the territories of the E. I. Co., and 
 the Island of Hong Korig, for which see Note 252i post, as to East India Ships), to any place 
 whatever, where the distance between such places shall exceed 400 miles, or the duration 
 of the voyage (prescribed under s. 97 by the governor of colony), shall exceed three weeks 
 (s.9S). If theVbyage be less than three weeks' duration, then many of the provisions of the 
 act are not to apply to the ship (see s. 96). By s. 3, the expression "passage" is to 
 include all passages (except cabin passages) ; — " passengers," to include all passengers 
 except cabin passengers, and except labourers under indenture to the Hudson's Bay 
 Company, and their families, conveyed in ships the property of or chartered by the said 
 conipany, and no persons are to be deemed cabin passengers unless the space allotted to 
 their exclusive use shall be in the proportion of at least thirty-six clear superficial feet 
 to each statute adult, nor unless they be messed throughout the voyage at the same table 
 with the master or the first officer of the ship, nor unless the fare contracted to be paid 
 by them respectively shall be in the proportion of at least SOs. for every week of the 
 length of the voyage as computed under the provisions of this act for sailing vessels pro- 
 ceeding from the United Kingdom to any place south of the equator, and of 30s. for such 
 „..„„ g proceeding to any place north of the equator, nor unless they shall have been 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 SHIPS' PASSENGERS. 
 
 477 
 
 Time of laying 
 
 i nfurmation. 
 
 Sic. 
 
 Number 
 and wtiat 
 Ju&tice!< to 
 
 convict. 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to wlioin 
 payable. 
 
 Page, &c. 
 
 of 
 Formulibt. 
 
 Within 
 12 cal. m. 
 (s. 94, see 
 Note 247). 
 
 Two 
 
 or more 
 
 (s. 85, 
 
 see 
 Note 
 
 248, 
 
 post, 
 p. 478). 
 
 Not exc. £50 (s. 10) ;— in defaultof 
 payment immediately or within 
 time fixed, commitment to prison 
 by warrant of any two of tlie con- 
 victing justices, for not exc. i 
 cal. m., witli or without h. 1., un- 
 less sooner paid (s. 8S). ' 
 
 No. 
 
 Her 
 
 Majesty 
 
 (s. 88, and 
 
 see Note 
 
 249, post, 
 p. 478). 
 
 (See 
 Note 
 
 248)- 
 
 furnished with a duly signed contract ticket according to the form in schedule K. of this 
 act; — *' ship" is to signify any description of sea-going vessel, whether British or foreign ; 
 — "passenger ship," every description of such ship carrying upon any voyage to which 
 the provisions of this act extend niore than thirty passengers, — or a greater number of 
 passengers than in the proportion of one statute adult to every 50 tons of the registered 
 tonnage of such ship if propelled by sails, or of one statute adult to every 25 tons if pro- 
 pelled by steam; — and the expression "statute adult" is to signify any person of the 
 age of 12 years or upwards, or two persons between the ages of 1 and 12 years. By s. 545 
 of "The Merchant Shipping Act, 1854," 17 & 18 Vict. c. 104, nothing in it is to be 
 taken to repeal or alter any of the provisions of the Passengers* Acts. 
 
 247 Time of Proceeding — Who to prosecute — Before what Justices — Summons and 
 Service or Warrant.'] By s. 94, — "where no time is expressly limited within which any 
 complaint or information is to be made or laid for any breach or non-performance of any of 
 the requirements of this act, the complaint shall be made, or the information laid, within 
 twelve calendar months from the time when the matter of such complaint or information 
 respectively arose, — or in case the master of any ship is the offender or party complained 
 against, within twelve calendar months next after his return to the country in which the 
 matter of complaint or information arose." By s. 84, penalties and forfeitures are to be 
 sued for in the United Kingdom by an emigration ofiicer or by his assistant, or by any 
 person authorized by the Emigration Commissioners, or by any collector or comptroller 
 of customs, or by any officer of customs authorized by the Commissioners of Customs ; — 
 and sums made recoverable, as return of passage-money, subsistence-money, damages or 
 compensation, may be sued for by and for the use of the passenger, or by any such officer 
 on his behalf. — The information or complaint may be made either in writing or not, before 
 any one justice " acting in any part of her Majesty's dominions or possessions in which 
 the offence shall have been committed, or the cause of complaint shall have arisen, — or in 
 which the offender or party complained against shall happen to be, — or acting in any 
 county or borough, or place adjacent to any navigable river or inlet of the sea, on which 
 such offence shall have been committed or cause of complaint have arisen" (s. 86). The 
 
 Digitized by Microsoft® 
 
478 
 
 Summary Convictions, 
 
 [PAKT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 statute. 
 
 SHIPS' PASSENGEKS-conWnucd. 
 
 
 
 III. As TO Colonial Ships — continued. 
 
 
 2. 
 
 Master of passeiiger ship proceeding to sea without certificate of 
 clfearance. 
 
 18 & 19 Vict. 
 u. 119, s. 12, 
 
 3. 
 
 Carrying passengers on more than two decks,— or if in round house 
 or deck house, not being properly secured. 
 
 Id. s. 13. 
 
 4. 
 
 Having on board any ship, at or after time of clearance, a greater 
 number either of persons or passengers than allowed [see the 
 section for rules for determining the number; and see OflFence 
 No. 38, post, as to the number in excess on arrival in the United 
 Kingdom]. 
 
 Id. ». 14. 
 
 5. 
 
 Not delivering lists in duplicate of passengers to customs officer 
 before clearante, — or making false lists. 
 
 Id. s. 16. 
 
 6. 
 
 The like, of passengers enlbarked after fclearance. 
 
 Id. s. 17. 
 
 7. 
 
 As to Passenger Ships.'] Non-compliance with requirements as to sur- 
 vey of ship by emigration officer before clearance. 
 
 Id. s. 19. 
 
 8. 
 
 The like, as to construction tof beam^ and decks. 
 
 Id. s. 20. 
 
 9. 
 
 The like, as to arrangeiliieht and size of the berths. 
 
 Id. B. 21. 
 
 10. 
 
 The likte, as to single Ineii's berths, aiid separation of the sexes. 
 
 Id. B. 22. 
 
 justice is to issue a summons in the Form N. (Oke's " FormiiKst," 2nd edit. No. 1, p. 201), 
 to the offender, which may be served "on the party, " or left at his last known place of abode 
 or of business, oi- on board any ship to which he may belong ;" or the justice may, if he 
 suspect, from information on oith, that the party is likely to abscond, issUe a warrant in 
 the first instance (s. 85). 
 
 248 What Justices — Procf qf Exemption from Jet— Forms of Conviction, ^c] AH 
 penalties imposed, and all sums of thonejr ma'de recovetable, under the act are to be sued 
 for ahd recoverted before any " two or more justices of the peace" acting for the places 
 described in Note 247; *ith respect to the jiistice to receive the information or complaint, 
 who may hear and determine the case, eitheir with or without any written information or 
 complaint (s. 85):- police and stipendiary magisttateS to have the same powers as two 
 jUsti'cesor two justices in Petty Sessibns (s. 86). Burden ofproof of a ship being exempted 
 from the provisions of the act "to be on the party claiming the benefit of the exemption (s. 89). 
 The act contains a form of summons to a defendant or a withess, and forms of conviction 
 and kdjttdicatlbn, for whibh see Oke's " FoTmUlUt," 2nd edit., Nos. 2, 3, pp. 262, 203, aiid 
 it provides by s. 103, that " those forins are to be deemed part of the act ;" by s. 85, that m 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 SHIPS' PASSENGERS. 
 
 479 
 
 Time. of laying 
 InforniatioDj 
 
 Number 
 and what 
 Jufiticee to 
 convict. 
 
 Peitally, &c. 
 
 anu 
 
 Mode of enforcing'. 
 
 If Ap- 
 peal, and 
 lime. 
 
 Penalty, ^c. 
 to whom 
 
 payable. 
 
 Page, Sec 
 
 of 
 Formullst. 
 
 3 Within 12 
 
 cal. iti. (s. 94, 
 see Note 24:7)' 
 
 4 Id. 
 
 5 Id. 
 
 6 Id. 
 
 7 Id. 
 
 8 Id. 
 
 9 Id. 
 10 Id. 
 
 Two 
 
 or more 
 
 (s. 85, 
 
 see 
 
 Note 
 
 248)- 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Ship forfeited, aiid to he dealt with 
 as if seized under Customs Laws. 
 
 Master to forfeit not exc. £500, nor No. 
 less than £20 (s. 13) ; — impr. as 
 Offence, 1, supra. 
 
 Master to forfeit not exc. £20, nor No. 
 less than £5, for each passenger, 
 &c. constituting the excess (s. 14)i 
 — impr. as Offence 1, sapra. 
 
 Master to forfeit not exc. £100, nor No. 
 less than £5 (s. 16); — impr. as 
 Offence 1, supra. 
 
 The like, not exc. £50 nor lefes than 
 £5 (s. 17) i— impr. as Offence 1, 
 supra. 
 
 Owner, charterer or master to forfeit 
 not exc. £100 nor less than £5 
 (s. 19) ;— ^impr. as Offence 1, 
 supra. 
 
 Owner, charterer or master to forfeit 
 iiot exc. £50 nor less than £5 1 
 impr. as Offence 1, supra. 
 
 The like. 
 
 the lik*. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 Her 
 
 Majesty 
 
 (s. 88, and 
 
 see Note 
 
 249). 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 (See Note 
 
 2480 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 all proceedings taken under this act, for which no form is expressly provided, it shall be 
 lawiiil to use fotnis similar, as nearly as circumfetances will peirmit, to those contained in 
 the 11 & 12 Vict. c. 43 ; and by s. 87, no objection is to be taken or allowed to any 
 complaint, information, warrant (neither of which is in the act) or summons under the 
 act for any defect Sect 84 provides, that either oiie or several informations or complaints 
 may be laid by or on behalf of passengers aggrieved. By s. 2, in any process " it shall be 
 suiHcieht, without specifying more particularly the cause of complaint or offence, to refer 
 by number, according to the copies of the act printed by the Queen's printer, to the 
 section oi* sectidns under which the proceeding is taken," i. e. (as in the summons), "for 
 
 a breach of the section of the Passengers Act, 1855," and in the conviction in 
 
 addition stating : " in that, &c. (describing briefly and in general terms the requirement 
 of the act which has not been fulfilled)." 
 
 249 Application of Penalties.^ The convicting justices may direct, if they shall think 
 fit, that a part, not exceeding one moiety, of the penalty, be applied to compensate any 
 passenger for any wrong or damage which he may have si^stained by the act or default in 
 respect of which the penalty or forfeiture shall have been imposfed (s. 88). 
 
 Digitized by Microsoft® 
 
480 
 
 Summary Convictions, 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 SHIPS' PASSENGERS— coTj^mMcrf. 
 
 III. As TO Colonial Ships — continued. 
 11. Removing berths before passengers landed, or within 48 hours aftei 
 arrival of ship. 
 
 12. Non-compliance with requirements as to space for an hospital. 
 
 13, The like, as to construction of privies. 
 H. The like, as to light and ventilation. 
 
 15. The like, as to the number of boats to be carried, life-boats, life- 
 
 buoys, anchors and fire-engines, &c. 
 
 16. The like, as to carrying an efficient crew [an appeal to the Emigra- 
 
 tion Commissioners allowed]. 
 
 17. The like, as to articles prohibited as cargo and ballast, or the stowage 
 
 of the cargo, &c. 
 
 18. The like, as to the requisite quantity of water, provisions and stores. 
 
 19. The like, as to the quality of provisions and stores, — or re-shipping 
 
 same. 
 
 20. The like, as to water tanks and casks. 
 
 21. The like, as to the dietary scales of provisions to be provided for 
 
 passengers. 
 
 22. The like, as to the messes and cooking of provisions. 
 
 23. The like, as to a steward, and his approval by emigration officer. 
 
 24. The like, as to cooks and cooking apparatus. 
 
 25. The like, as to interpreters. 
 
 26. The like, as to a medical practitioner. 
 
 27. The like, as to medicines and medical comforts. 
 
 28. Clearing out or proceeding to sea without written permission from 
 
 emigration officer, after inspection of passengers and medicines, &o. 
 
 SUtute. 
 
 18 & 19 Vict. 
 c. 119, s. 23. 
 
 Id. 8. 
 
 2i. 
 
 Id. s. 
 
 25. 
 
 Id.B. 
 
 26. 
 
 Id.s. 
 
 27. 
 
 Id.s. 
 
 28. 
 
 Id.s 
 
 29. 
 
 Id.s 
 
 31. 
 
 Id.s 
 
 32. 
 
 Id.s 
 
 33. 
 
 Id.s 
 
 35. 
 
 Id.B 
 
 36. 
 
 Id,= 
 
 38. 
 
 Id.» 
 
 39. 
 
 Id.s 
 
 «. 
 
 Id.s 
 
 41. 
 
 Id. 8 
 
 .43. 
 
 Id. s 
 
 .44. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 SHIPS' PASSENGERS. 
 
 481 
 
 Time of laying 
 Information, 
 
 11 Within 
 12 cal. m. 
 (s. 94, see 
 Note 24:1). 
 
 12 Id. 
 
 13 
 
 Id. 
 
 Id. 
 
 14 
 
 Id. 
 
 Id. 
 
 15 
 
 Id. 
 
 Id. 
 
 16 
 17 
 
 Id. 
 Id. 
 
 Id 
 Id 
 
 18 Id. 
 
 19 Id. 
 
 20 Id. 
 
 21 Id. 
 
 22 Id. 
 
 23 Id. 
 
 24 Id. 
 
 25 Id. 
 
 26 Id. 
 
 27 Id. 
 
 28 Id. 
 
 Number 
 and what 
 Jiisiices to 
 
 convict. 
 
 Tveo 
 
 or more 
 
 (S. 85, 
 
 see 
 
 Note 
 
 248). 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcin*, 
 
 Master to forfeit not exc. £50 nor 
 less than £5 (s. 23); — impr. as 
 Offence 1, supra. 
 
 Owner, charterer or master to forfeit 
 not exc. £50 nor less than £5 ; — 
 impr. as Offence 1, supra. 
 
 Master to forfeit like penalty. 
 
 Owner, charterer or master to forfeit 
 like penalty. 
 
 Master to forfeit not exc. £50 nor 
 less than £5 ; — impr. as 1, supra. 
 
 Master to forfeit not exc.£50 (s. 28) ; 
 — impr. as Offence 1, supra. 
 
 Owner, charterer or master to forfeit 
 not exc. £300" nor less than £5 
 (s.29); — impr.asOffencel,sBpro. 
 
 Owner, charterer or master to for- 
 feit not exc. £300 (s. 31);— im- 
 prisonment as Offence 1, supra. 
 
 The like, not exceeding £100. 
 
 The like, not exceeding £50. 
 Master to forfeit not exceeding £50 
 
 The like. 
 
 Master to forfeit not exc. £50, nor 
 less than £5. 
 
 The like. 
 
 The like. 
 
 Master to forfeit not exceeding 
 £100, nor less than £20. 
 
 Master to forfeit not exceeding £50, 
 nor less than £5. 
 
 The like, not exceeding £100, nor 
 less than £5. 
 
 If Ap- 
 peal, and 
 Tmie, 
 
 SiC. 
 
 No. 
 
 No. 
 
 No. 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 No. 
 
 No. 
 No. 
 
 No. 
 No. 
 No. 
 
 No. 
 
 No. 
 
 Penaltv, Sec. 
 
 tn whom 
 payable, Sec, 
 
 Her 
 
 Majesty 
 
 (s. 88, and 
 
 see Note 
 
 249). 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 O.S. 
 
 Digitized by Microsoft® 
 
 1 I 
 
482 
 
 Summary Convictions. 
 
 [PABT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 SHIPS' PASSENGERS— con«7!Med. 
 
 III. As TO Colonial Ships — continued. 
 
 29. Not re-landing passengers on account of sickness, &c. by order of 
 emigration officer. 
 
 30. Not replenishing provisions, &c. where ship put back, and proceed- 
 
 ing to sea without certificate. 
 
 31. Master of vessel putting back not reporting his arrival, &c. to emi- 
 
 gration or other officer at port. 
 
 32. Master wrongfully landing passengers. 
 
 33. Master not maintaining passenger for 48 hours after arrival at end 
 
 of voyage. . 
 
 34. Master neglecting to post up abstract of act in ship. 
 
 35. Non-compliance with requirements as to giving contract ticket to 
 passengers, and the form of ticket. 
 
 36. Refusing to produce to emigration officer the counterpart of contract 
 
 ticket. 
 
 37. Master giving an untrue account of passengers brought, &c. into the 
 
 United Kingdom. 
 
 38. Having on board a greater number of passengers than allowed at 
 
 time of arrival in the United Kingdom, 
 
 39. Non-compliance with requirements as to provisions and water to be 
 
 issued to passengers brought into the United Kingdom. 
 
 40. Not obeying the directions contained in the forms in schedules to act 
 
 [See Schedules (K.) and (L.), being the forms of passengef s' con- 
 tract tickets.] 
 
 (2. Offences by Passengers and others.) 
 
 41. Fraudulently using certificate of exemption from act, or using frau- 
 
 dulent certificates,— and person aiding offender. 
 
 42. Person found on board passenger ship without consent of owner, &c, 
 
 DiLjilueU by Miuiubuft® 
 
 statute. 
 
 18 & 19 Vict. 
 >;. 119, 8. 45. 
 
 Id.s. 
 
 50.. 
 
 Id 
 
 • 
 
 Id.» 
 
 56. 
 
 Id.s 
 
 57. 
 
 Id.s 
 
 61. 
 
 Id,s 
 
 71. 
 
 Id.s 
 
 74. 
 
 Id. B. 
 
 100. 
 
 Id.s. 
 
 101. 
 
 Id.s 
 
 102. 
 
 Id.» 
 
 103. 
 
 Id. 
 
 s,5. 
 
 Id. 
 
 8.18. 
 
CHAP. II.] 
 
 SHIPS' PASSENGERS. 
 
 483 
 
 Time of Inylne' 
 
 Information, 
 
 arc. 
 
 Number 
 ana »hal 
 Justices to 
 convict. 
 
 Penalty, &c. 
 
 ■ ana 
 Mode of enforcing. 
 
 If Ap- 
 peal, anil 
 
 iic. 
 
 Penalty, &c. 
 to wfioni 
 payable. 
 
 Page, &c 
 
 of 
 Forniuilst, 
 
 29 Within 12 
 oal. m. (s. 94 
 see Note 247)- 
 
 Two or 
 more 
 
 (s. 85, 
 see 
 Note 
 
 248). 
 
 Master, owner or charterer, to for- 
 feit not exceeding ^200, nor less 
 than £10. 
 
 No. 
 
 Her 
 
 Majesty 
 
 (s. 88, and 
 
 see Note 
 
 249). 
 
 (See Note 
 
 248.) 
 
 SC- 
 
 Id. 
 
 Id. 
 
 Master to forfeit not exceeding 
 £100, nor less tbaii £50. 
 
 No. 
 
 Id. 
 
 Id. 
 
 SI 
 
 Id. 
 
 Id. 
 
 Not exceeding £20, nor less than 
 £2. 
 
 No. 
 
 Id. - 
 
 Id. 
 
 32 
 
 Id. 
 
 Id. 
 
 Not exc. £50, nor less than £10. 
 
 No. 
 
 Id. 
 
 Id. 
 
 SS 
 
 Id. 
 
 Id. 
 
 Not exceeding £5. 
 
 No. 
 
 Id. 
 
 Id. 
 
 84 
 
 Id. 
 
 Id. 
 
 Not exceeding 40s. for every day 
 the abstract not posted. 
 
 No. 
 
 Id. 
 
 Id. 
 
 35 
 
 Id. 
 
 Id. 
 
 Not exceeding £50, nor less than 
 £5 (s. 71); — imprisonment as 
 Offence 1, supra. 
 
 No. 
 
 Id. 
 
 Id. 
 
 36 
 
 Id. 
 
 Id. 
 
 Owner, charterer or master to for- 
 feit not exceeding £10. 
 
 No. 
 
 Id. 
 
 Id. 
 
 37 
 
 Id. 
 
 Id. 
 
 Not exc. £5 (s. 100) ; — impr. in de- 
 fault of payment as Offertca 1, 
 supra. 
 
 No. 
 
 .Id. 
 
 Id. 
 
 38 
 
 Id. 
 
 Id. 
 
 Master to forfeit not exc. £10 nor 
 less than £5 for each person in 
 excess. 
 
 No. 
 
 Id. 
 
 Id. 
 
 39 
 
 Id. 
 
 Id. 
 
 Master to forfeit not exc. £50. 
 
 No. 
 
 Id. 
 
 Id. 
 
 40 
 
 Id. 
 
 Id. 
 
 Not exc- £10 (s. 103) (—imprison- 
 ment in default as Oflcnce 1, 
 
 supra. 
 
 No. 
 
 Id. 
 
 Id. 
 
 41 
 
 Id. 
 
 Id. 
 
 Not exc. £500 (s. 6); — impr. in 
 default of payment by warrant of 
 any two of convicting justices, for 
 not exc. 3 cal. m., with or withont 
 h. 1., unless sooner paid (s. 85). 
 
 No. 
 
 Id. 
 
 Id. 
 
 42 
 
 Id. 
 
 Id. 
 
 Not exc. £5;— in default, impr. 
 with or without h. 1. for not exc. 
 3 cal. m. (s. 18). 
 
 No. 
 
 Id. 
 
 Id. 
 
 Digitized b^ ^xrosoft® 
 
484 
 
 Summary Convictions. 
 
 [part I, 
 
 Offences within tlie 11 & 12 Vict. c. 43. 
 
 SHIPS' PASSENGERS— conriMeii. 
 
 III. As TO Colonial Ships — continued. 
 43. Causing bad provisions to be reshipped. ^ 
 
 44. Unqualified person proceeding in ship as a medical practitioner, — or 
 
 person aiding in offence. 
 
 45. Passengers.'] Passenger, directed to be relanded on account of sick- 
 
 ness or purifying sliip, refusing to leave the ship. 
 
 46. Refusing to leave ship in case of wreck or damage. 
 
 47. Refusing to obey rules and regulations on board, — or obstructing 
 
 medical practitioner or master on duty,— or offending against pro 
 visions of act, — or guilty of riotous or insubordinate conduct. 
 
 48. Displacing or defacing abstract of act posted up in ship. 
 
 49. Selling spirits, &c. on board during the voyage. 
 
 50. Altering or parting with contract ticket. 
 
 51. Refusing' or omitting to produce contract ticket to emigration officer. 
 
 52. Passage Brokers.'] Acting as a passage broker without a licence from 
 
 justices [sworn brokers of the City of London, Emigration Com- 
 missioners, and agents of passage brokers, exempted.] 
 
 53. Employing person as an agent not expressly appointed as agent,— 
 
 or not producing appointment to emigration officer. 
 
 54. Not exhibiting in his office a list of agents and emigration runnerS; 
 
 — and not sending same to emigration officer. 
 
 5d. Emigration Runners.] Acting without licence from Justices, — or while 
 acting omitting to wear badge,— or employing as an emigrant 
 runner a person not duly licensed. 
 
 56. Not lodging licence with emigration officer for registration. 
 
 57. Taking fees from emigrants for passage. 
 ■ Digitized bv Microsofm 
 
 18 & 19 Vict. 
 u. U9, s. 32. 
 
 Id. 
 
 s. 42. 
 
 Id. 
 
 S.45. 
 
 Id. 
 
 s.51. 
 
 Id. 
 
 S.60. 
 
 Id. 
 
 s. 61. 
 
 Id. 
 
 s. 62. 
 
 Id. 
 
 S.72. 
 
 Id. 
 
 S.74. 
 
 Id. 
 
 s.66. 
 
 Id. 5. 69. 
 
 Id. s. 81. 
 Id. ». 75. 
 
 Id. s. 76. 
 Id. s. 80. 
 
CHAP. II.] 
 
 SHIPS' PASSENGERS. 
 
 485 
 
 Time of laying 
 Informmion, 
 
 Niimher 
 and what 
 JusLices to 
 convict. 
 
 PenaltT, &c 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 
 lieal, and 
 
 Time, 
 
 &c. 
 
 Penalty, &c. 
 to whom 
 payabie. 
 
 PaBe.&c. 
 
 of 
 Formulist. 
 
 43 Within 12 
 cal. m. (s. 94, 
 see Note 247). 
 
 Two 
 
 or more 
 
 (s. 85, 
 
 see 
 
 Note 
 
 248). 
 
 Not exc. £100 (s. 32);— impr. as 
 Offence 41, supra. 
 
 No. 
 
 Her 
 
 Majesty 
 
 (s. 88, and 
 
 see Note 
 
 249). 
 
 (See Note 
 
 248). 
 
 44 Id. 
 
 Id. 
 
 Not exc. £100 nor less than £10 
 (s. 42). 
 
 No. 
 
 Id. 
 
 Id. 
 
 45 Id. 
 
 Id. 
 
 To be removed, and forfeit not exc. 
 40s. for each day remaining on 
 hoard (s. 45). 
 
 No. 
 
 Id. 
 
 Id. 
 
 46 Id. 
 
 Id. 
 
 Not exc. 40s.; — or, impr. not exc. 
 1 cal. m. (s. 51). 
 
 No. 
 
 Id. 
 
 Id. 
 
 47 Id. 
 
 Id. 
 
 Not exc. £2, and, in addition, impr. 
 for not exc. one month (s. 60). 
 
 No. 
 
 Id. 
 
 Id. 
 
 48 Id. 
 
 Id. 
 
 Not exc. 40s. (s. 61). 
 
 No. 
 
 Id. 
 
 Id. 
 
 49 Id. 
 
 Id. 
 
 Not exc. £20 nor less than £5 
 (s. 62). 
 
 No. 
 
 Id. 
 
 Id. 
 
 50 Id. 
 
 Id. 
 
 Not exc. £20 (s. 72). 
 
 No. 
 
 Id. 
 
 Id. 
 
 51 Id. 
 
 Id. 
 
 Not exc. £10 (s. 74). 
 
 No. 
 
 Id. 
 
 Id. 
 
 52 Id. 
 
 Id. 
 
 Not exc. £50 nor less than £20 
 (s. 66); — impr. in default, as 
 Offence 41 , supra, for not exc. 3 
 cal. m. (s. 85). [Conviction to be 
 reported to Em gration Commis- 
 sioners (s. 67 ) in form given, Oke' s 
 "Formulist," 2nd edit., No. 4, 
 p. 203.] 
 
 No. 
 
 Id. 
 
 Id. 
 
 53 Id. 
 
 Id. 
 
 (Not exc. £50 nor less than £20 
 (s. 69); — impr. &c. as Offence 
 52, supra. 
 
 No. 
 
 Id. 
 
 Id. 
 
 54 Id. 
 
 Id. 
 
 Notexc. £5nor]ess than£2(s.81); 
 — impr. &c. as Offence 52, supra. 
 
 No. 
 
 Id. 
 
 Id. 
 
 55 Id. 
 
 Id. 
 
 Not exc. £5 nor less than 20s. 
 (s. 75). 
 
 No. 
 
 Id. 
 
 Id. 
 
 ?6 Id. 
 
 Id. 
 
 Not exc. 40s. (s. 76). 
 
 No. 
 
 Id. 
 
 Id. 
 
 57 Id. 
 
 Id. 
 
 Not exc. £5 (s. 80). 
 
 No. 
 
 Id. 
 
 Id. 
 
 Digitized by Microsoft® 
 
486 
 
 Summary Convictions. 
 
 [part j. 
 
 Offences rvithin the 11 & 12 Vict. c. 43. 
 
 SHIPS' PASSENGERS— oon«nacrf. 
 
 III. As TO Colonial .Ships— con<in«c<i. 
 58. Mi$cpndi)ct, or defacing badges. 
 
 59. Person using an emigrant runner'; badge not issued to him,^-or 
 
 forging such badge. 
 
 60. By false representations as to size of ship, or otherwise, induqingapy 
 
 person to engage a passage. 
 
 61. Falsifying forms of application or other papers issued by Emigration 
 
 Commissioners for the use of persons desirous of emigrating, — or 
 falsely acting as agent of commissioners, — or forging signatures to 
 papers, — or persortating persons named therein, — or aiding in 
 offence. 
 
 IV. As TO Foreign Ships. 
 (^Chinese Passenger Ships, Note 2500 
 
 62. Any person refusing to allow, or attempting to avoid, or obstructing 
 
 entry, search or examination of ship by emigration and other 
 officers,— or misleading persons making such search or examina- 
 tion, — or the master, or other person having the emigration papers 
 in his custody, failing to produce the same when required by 
 emigration and other officers. 
 
 63. Neglecting or refusing to coirtply With any of the provisions of the 
 act, — or any of the regulations made by the Legislature of Hong 
 Kong.^or, until ipade, those contained in Schedule A. of the Act 
 (ss. 2, 3),— or to perform any stipulation in any of the contracts 
 made with the passengers, — or persons aiding arid abetting in such 
 oBfence. 
 
 18 & 19 Vict, 
 c. 119, B. 78. 
 
 Id. 
 
 Id. s. 70. 
 
 Id. 8. 83. 
 
 18 & 19 Vict 
 c. 104, s. 6 
 {Note 251)- 
 
 Id. », 7. 
 
 250 Definition of " Chinese Passenger Ship," and Ship."} By sect. 1 o| " The Chinese 
 Passengers Act, 1855" (18 & 19 Vict. c. lOlj), the term " Chinese Passenger Ship" is «o 
 include every ship carrying from any port in Hong Kong, and every British ship carrying 
 from any port in China or within one hundred miles of the coast thereof, n»ore than twenty 
 passengers, being natives of Asia. The word "ship" to include all sea going 
 vessels. 
 
 251 Procedure— Incorporation of Provisions of Merchant Shipping Act, 1854, as to Timitf 
 Proceeding, Appeal, *c.] By 18 & 19 Vict. c. 104, s. 13, all misdemeanors and other criminal ot- 
 fences punishable undier this act shall be dealt with, tried and judged of in the same manner 
 
 Digitized by Microsoft® 
 
CHAP. 11.] 
 
 SHIPS' PASSENGERS. 
 
 487 
 
 Time of lading 
 
 [QfoHDation, 
 
 lie. 
 
 Number 
 and what 
 JuBlicei. to 
 convict. 
 
 Penalty, &c, 
 Modeofenrordng. 
 
 It Ap- 
 peal, and 
 Time, 
 
 &C. 
 
 Penally, &c. 
 
 to wllOQl 
 
 pajallic. 
 
 Page, &c. 
 
 of 
 Formullit. 
 
 58 Within 
 
 Two or 
 
 Not exc. 40«. and forfeiture of li- 
 
 No. 
 
 Her 
 
 (See Note 
 
 12 cal m. 
 
 more 
 
 cence (s. 78); — imprisonment in 
 
 
 Majesty, 
 
 248.) 
 
 (a. 94, see 
 
 (B. 85, 
 
 default of payment as OJi'ence 
 
 
 (s. 88, and 
 
 
 Note 247). 
 
 see 
 Note 
 
 248). 
 
 41, supra. 
 
 
 see Note 
 
 249). 
 
 
 59 Id. 
 
 Id. 
 
 Not exc. £5 (Id.) 
 
 No. 
 
 Id. 
 
 Id. 
 
 60 Id. 
 
 Id. 
 
 Not exc. £20 nor less than £5 
 (s. 78)i— impr. as Offence 41, 
 supi'a. 
 
 No. 
 
 Id. 
 
 Id. 
 
 61 Id. 
 
 Id. 
 
 Not exc. £.^0 nor less than £2 
 (s. 83) i — impr. in default as Of- 
 fence 41, supra. 
 
 No. 
 
 Id. 
 
 Id. 
 
 62 Within 
 
 Two 
 
 Misdemeanor (s. 6); — or punish- 
 
 Yes 
 
 Treasury, 
 
 
 6 months 
 
 or more 
 
 able summarily by impr. not exc. 
 
 (see 
 
 after com- 
 
 
 (17 & 18 Vict. 
 
 (see 
 
 6 months, with or without h. 1, 
 
 Note 
 
 pensating 
 
 
 c. 104, s. 525, 
 
 Note 
 
 or by fine not exc. £100 (s. 518, 
 
 251). 
 
 person 
 
 
 art 1 (s. 13), 
 
 251). 
 
 art. 2); — penalty recovered by 
 
 
 injured 
 
 
 see .Vote 251). 
 
 
 distress on ship's tackle, &c. (s. 
 523), or on goods of offender (11 
 & 12 Vict. c. 43, s. 19, ante. 
 
 
 (s. 14). 
 
 
 
 
 
 
 
 
 
 p. 176); — and in default impr. 
 
 
 
 
 
 
 for not exc. 3 cal. m., unless 
 
 
 
 
 
 
 sooner paid (Id. s. 22 ; see ante, 
 
 
 
 
 
 
 p. 179, Note 251). 
 
 
 
 
 63 Id. 
 
 Id. 
 
 Misdemeanor (s. 7) ; — or punish- 
 able as offence 62, swpra. 
 
 Id. 
 
 Id. 
 
 
 as misdemeanors and other offences punishable under the Merchant Shipping Act, 1854 
 [17 & 18 Vict. c. 104], — and all the rules of law, practice or evidence applicable to the 
 last-mentioned misdemeanors and offences shall be applicable to misdemeanors and other 
 offences under this act." Therefore, the time for laying the information, the number of 
 justices to convict, the summary punishment for a misdemeanor, the recovery of the 
 penalty and the appeal, must be governed by the provisions of the Merchant Shipping 
 Act, 1854, title "Merchant Shipping," ante, p. 392, and for which see the notes there re- 
 ferred to: No. 187> as to time of proceeding; — No. 188) as to the justices to convict; — 
 and No. 189, for the clause giving the right to appeal. 
 
 Digitized by Microsoft® 
 
488 
 
 Summary Convictions, 
 
 [part I 
 
 Offences within the 11 k 12 Vict. c. 43, 
 
 SHIPS' PASSENGERS— coniinweii. 
 
 IV. As TO Foreign Ships — continued, 
 
 {Chinese Passenger Ships, Note 250) — continued. 
 
 64. Every person committing or aiding or abetting in any act or default 
 by which a ship is liable to forfeiture — [i. e. for clearing without 
 emigration papers, or for forgery of such papers (s. 8)]. 
 
 (East India Ships, see Nfte 2520 
 
 ( Other Foreign Ships, see Note 253- ) 
 
 SUNDAY. (Note 254-) 
 
 1. Trading on.] Any person, being of the age of 14 years or upwards, 
 [tradesman, artificer, workman, labourer, or other person whatsoever 
 Note 255)i] doing or exercising any worldly labour, business or 
 work of their ordinary calling upon the Lord's day or any part 
 thereof, works of necessity and charity only excepted. 
 
 2. Any person whatsoever publicly crying, showing forth or exposing to 
 
 sale any wares, merchandize, fruit, herbs, goods or chattels what- 
 soever upon the Lord's day, or any part thereof (Note 256)- 
 
 3. Travelling on.'] Drover, horse courser, waggoner, butcher, higgler, 
 
 their or any of their servants, travelling or coming into his or her 
 inn or lodging, upon the Lord's day or any part thereof. 
 
 18 & 19 Vict 
 0. 104, S.9 
 (Note 261). 
 
 29 Car. 2, 
 c. 7, s. 1. 
 
 Id. 
 
 Id. S.2. 
 
 252 East India Ships.} Sect. 15 of " The Passengers Act, 1855," 18 & 19 Vict c. 119, 
 provides that nothing in it should extend to repeal or vary the act 16 & 17 Vicfc c. Si, 
 which amended the Passengers Act, 1862, so far as related to the passages of natives of 
 Asia or Africa, and also passages between the Island of Ceylon and certain parts of the 
 East Indies. Sect. 1 of the 16 & 17 Vict. c. 84, gives power to the governors of her 
 Majesty's dominions abroad, to declare by proclamation that ships intended to pass within 
 the tropics from any ports within their respective governments may convey passengers, 
 being natives of Asia or Africa, after the rate of one for every twelve superficial feet of the 
 passenger deck instead of one for every fifteen, such feet as required by s. 12 of the Passen- 
 gers Act, 1852 (15 & 16 Vict. c. 44) ; and by s. 2, the restrictions in the last-mentioned 
 section were not to apply to vessels proceeding on any voyage from any port or place in the 
 island of Ceylon or any port or place in the territories under tlie government of the East 
 India Company in the Gulf of Manar or Palks' Straits, but that the governor and legis- 
 lative council of Ceylon may regulate by ordinance the number of persons or passengers 
 who may be carried on board of vessel proceeding on any such voyage. By s. 545 of the 
 Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104), that act is not to repeal the last- 
 named act 16 & 17 Vict. c. 8i. But by s. 99 of The Passengers Act, 1855 (18 & 19 Vict 
 c. 119), power is given to the governor- general of India in council, by any act to be passed 
 for that purpose, to adopt the act for India, and to make rules respecting food, passengers, 
 surgeons, &c., and to declare in what manner penalties, &c. may be recovered ; and when 
 such Indian Act is passed, all such parts of this act as shall be adopted therein shall extend 
 '"okV^"^'^^^ of passengers upon such voyages as in the Indian Act is specified. 
 
 «5p °'*«'' foreign Ships.] By sect. 2 o'f the 17 Vict. c. 5 (which was not repealed by 
 the Merchant Shipping Repeal Act, 1854, 17 & 18 Vict. c. 120), " every foreign ship which 
 alter the passing of this act [23rd March, 1854] is employed in carrying goods or passengers 
 Digitized by Microsoft® 
 
CHAP, n.] SHIPS' PASSENGERS-STJNDAY. 
 
 489 
 
 Timeof layln; 
 luformatiOD, 
 
 iiC, 
 
 Number 
 and what 
 Jubtlvee 10 
 convict. 
 
 64 
 
 Within 
 6 months, 
 (17 & 18 Vict, 
 c. 104, s. 525, 
 art. 1 (s. 13, 
 see Note 251)- 
 
 1 Within 10 
 days (s. 4). 
 
 Id. 
 
 Id. 
 
 Two 
 
 or more 
 
 (see 
 
 Note 
 
 251). 
 
 One. 
 
 One. 
 
 One. 
 
 Penalty. Sec 
 
 anil 
 
 Mode or enfordng. 
 
 IfAp- 
 
 ppalt and 
 
 Time, 
 
 Not exc. £100 (s. 9) ;— recovered 
 as in Offence 62, supra. 
 
 Yes 
 (see 
 Note 
 
 251). 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Page, &c. 
 
 or 
 ForntuliBt. 
 
 Forfeit the sum of 5s. (s. 1 , Note 
 259) ! — levied hy distress ; — and 
 in default thereof to be publicly 
 set in the stocks for 2 hours (s. 2). 
 
 [ Vide Note 258 "» '" oosts.'] 
 
 The like. 
 
 Forfeit 20s, (s. 2, Note 259) i 
 levied by distress, — and in de- 
 fault thereof to be publicly set in 
 the stocks for 2 hours (s. 2). 
 
 No. 
 
 No. 
 
 No. 
 
 Treasury, 
 after com- 
 pensating 
 person 
 injured 
 (s. 14). 
 
 Not exc. 
 
 one-third 
 
 to inf., and 
 
 rem. to 
 
 poor of 
 
 parish (s.2). 
 
 Id. 
 
 Id. 
 
 Nos. 1,2, 
 p. 203. 
 
 No. 3, 
 p. 204. 
 
 No. 4, 
 p. 204. 
 
 coastwise from one part of the United Kingdom to another, or from the islands of Guernsey, 
 Jersey, Alderney, Sark or Man to the United Kingdom, or from the United Kingdom 
 to any of the said islands, or from any of the said islands to any other of them, or from any 
 part of any one of the said islands to any other part of the same, shall be subject, as to 
 stores for the use of the crew, and in all other respects, to the same laws, rules and regu- 
 lations to which British ships when so employed are now subject." 
 
 254 Observation.^ An act, 3 Car. 1, c. 1, has been stated to be in force, imposing a 
 penalty of 20s. on carriers, and 6s. 8d. on butchers, for offences on the Lord's day, but this 
 is not so : it was " to continue to the end of the first session of the next parliament," and 
 was not continued. There is an act of 21 Geo. 3, c. 49, prohibiting the opening of places 
 of public entertainment or amusement on the Lord's day, but it is applicable to the cities 
 of London and Westminster only, and the penalties are recoverable by action. , 
 
 255 ff^liat Persons within Act.} These general words, " or other person whatsoever," 
 are meant to comprise only persons ejusdem generis with those previously mentioned 
 (Sandiman v. Breach, 7 B. & C. 96). 
 
 256 Exception-I This provision is not to extend to the prohibition of dressing of 
 meat in families,— nor to the dressing or selling meat in inns, cookshops or victualling 
 houses, for such as otherwise cannot be provided, — or to the crying and selling milk before 
 9 A.M. or after 4 p.m. (s. 3); — nor to the crying or selling mackerel before or after divine 
 service (10 & 11 Will. 3, c. 24, o. 14 j see 16 J. P. 538) ;— nor to hackney coachmen 
 or chairmen exercising their calling (1 & 2 Will. 4, c. 22, s. 27) ; — nor does it extend to 
 the keepers of alehouses or beerhouses, except during divine service (but see tits. " Ale- 
 houses" and "Beerhouses," ante, pp. 224, 240). See also tits. "Bread and Flour," ante, 
 p. 262; " Game," ante, p. 298. 
 
 Digitized by Microsoft® 
 
490 
 
 Summary Convictions. 
 
 [part : 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 SUNDAY — continued. 
 
 4. Unlawful Sports m.'] There shall be no concourse of people, out of 
 
 their own parishes, on the Lord's day, for any sport or pastimes, 
 or 
 
 5. Any bear-baiting, bull-baiting, interludes, common plays or other 
 
 unlawful exercises and pastimes used by any persons within their 
 own parishes (iVbie 257)- 
 
 SWEARING. 
 
 Any person profanely cursing and swearing, i. e. : — 
 1. Any day labourer, common soldier, common sailor or common seaman. 
 
 [Mem. By s. 14 of the act it teas enacted that the sum of Is., and no 
 more, was to be taken for the information, summons and conviction 
 under the act; but that section is virtually repealed by s. IS of the 
 11 1^12 Vict. C.43 {ante, p. 148), even ifitwere not done so before 
 by the 18 Geo. 3, c. 19. Sect. 10 of the 19 Geo. 2, u. 21, also pro- 
 vided a further imprisonment of 6 days for the charges attending 
 the conviction, but this would seem also to he repealed by the ss. 18 
 and 36 of the 11 i^ 12 rict. c. 43, as the costs are recoverable now 
 in the same manner as the penalty.'] 
 
 2. Any other person under the degree of a gentleman. 
 
 3. Any person of or above the degree of a gentleman. 
 
 1 Car. 1, c. 1. 
 
 19 Geo. 2, c. 21, 
 s. 1. 
 
 Id. 
 
 Id. 
 
 257 T^at are " unlawful Exercises and Pastimes.'''] The other " unlawful exercises or 
 pastimes" here mentioned must be those which are so by the common law or by 
 statute J but there are none such that we have been able to discover, especially since 
 the repeal of part of the statute 33 Hen. 8, c. 9, s. 16, by the Games and Wagers Act, 
 8 & 9 Vict. c. 109, s. 1 ; but do these general words, following the specific ones of bear- 
 baiting, &c., mean anything J Fide Note 255, P- 489, and see 16 J. P. 866. The stat. 
 1 Eliz. c. 2, s. 14, and 3 Jao. 1, c. 4, as to the penalties for non-attendance at church, ate 
 repealed by 9 Si 10 Vict. c. 59, s. 1. 
 
 258 Costs, how recovered.] In the case of Reg. v. Barton (18 L. J. R. (N.S.) M. C. 56 ; 
 13 J. P. 120; 1 Magis. 97 ; 3 Bit. & Par. New Mag. Cas. 101), which was a conviction 
 under 29 Car. 2, c. 7, s. 1, for trading on a Sunday (and Occurred since the passing of 
 Jervis's Act, 11 & 12 Vict. c. 43), in which the offender was adjudged to pay the penalty 
 and costs, and in default of distress to be set in the stocks for two hours, unless he sootier 
 paid the said sums and the costs of distress, the conviction was quashed, it being held that the 
 setting in the stocks was a punishment substituted for the money penalty, and not a mode 
 of recovering the penalty; and consequently, that under sect. 18 of 11 & 12 Vict c.43, 
 OMfe, p. 148, the Justice was not authorized to order the defendant to be set in the stocks 
 toi- the non-payment of the costs. This case also applies to the other offences under this 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 SUNDAY-SWEARING. 
 
 491 
 
 Time of laying 
 
 InformatioUi 
 
 lie. 
 
 Conviction 
 witViin a 
 month. 
 
 Number' 
 and wliat 
 Jufit)ce-<> to 
 convict. 
 
 One. 
 
 1 On oath, 
 
 and to be 
 
 recovered (see 
 
 ante, p. 96) 
 
 within 8 days 
 
 (s. 12, 
 Note 260) 
 
 Id. 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing^. 
 
 One. 
 
 Id. 
 
 If Ap- 
 peal, and 
 Time. 
 
 Penalty, Sec. 
 to whom 
 payable. 
 
 One. 
 
 One. 
 
 Forfeit 3s. id. ;— levied hy distress 
 — in default, to he set in the 
 stocks for 3 hours. 
 
 [rWe Note 258 0* '" costs,'} 
 
 No. 
 
 Forfeit Is. (s. 1) and costs (11 & 12 
 Vict. c. 43, s. 18, ante, p. 148) 
 — in default, imprisonment with 
 hard labour for 10 days (s. 4 
 see Note 261)- 
 
 2nd Offence. Double the sum (s. 1 ). 
 
 3rd or subsequent Offence. Treble 
 (s. 1). 
 
 Forfeit 2s. (s. 1 ) with the costs ;■ 
 in default, impr. &c. for second 
 or subsequent oflFences, as Of- 
 fence 1, supra. 
 
 Forfeit 5s. (s. 1) with costs j — in de- 
 fault, impr., &c. for second or 
 subsequent offences, as Offence 
 1, supra. 
 
 No. 
 
 The poor. 
 
 Pb^, See. 
 
 of 
 Formulibt. 
 
 No. 
 
 No. 
 
 Poor of 
 parish 
 where 
 offence 
 committed 
 (s. 10). 
 
 Nos. I, 2, 
 p. 204. 
 
 Id. 
 
 Id. 
 
 No. 1, 
 p. 204. 
 No. 3, 
 p. 204. 
 
 Id. 
 
 title as well as to tit. " Drunltemiess," ante, p. 285, Note 88i which see, and many other 
 cases in which, upon default of distress or non-payment of penalty. Sic. the defendant is to 
 suffer an absolute term of imprisonment without being determinable on payment In 
 those cases, the words in the commitment and conviction, " unless the said several sums, and 
 the costs and charges of the said distress, shall be sooner paid," must be omitted in the recital 
 of the adjudication as well as in the direction to the constable, for this punishment cannot 
 be determined hy payment during the imprisonment. 
 
 259 Penalty.^ There can be only one penalty recovered for any number of instances of 
 trading by the same person on the same Sunday ( Cripps v. Burden, Cowp. 640). 
 
 260 Conviction on or after ApprBhension.~\ If the cursing or swearing be in the presence 
 of a justice, he may convict the party without further proof (s. 2); — if in the presence of a 
 constable, he may apprehend the party without warrant, and carry him before a justice, in 
 order that he may he convicted (s. 3), and the jiustice is to take an information upon oath of 
 the offence having been committed (s. 4). 
 
 261 Soldiers or Sailors to be kept in the Stoclts.'] If the offender be a common soldier, 
 sailor or seaman, instead of commitment on nonpayment of penalty and costs, he is to be 
 publicly set in the stocks for one hour for every single offence, — and for any number of 
 offences whereof he shall be convicted at one and the same time, two hours (Id. s. 5). 
 
 Digitized by Microsoft® 
 
492 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 THEATRES {Note 263)- 
 
 1 . Keeping House without Licence.'] Any person having or keeping any 
 
 house, or other place of public resort, for the public performance 
 of stage plays, without authority by virtue of letters patent, — or 
 licence from Lord Chamberlain or justices, 
 
 [By s. 23, the words " stage play" shall be taken to include any 
 tragedy, comedy, farce, opera, burletta, interlude, melodrama, pan- 
 tomive, or other entertainment of the stage, or any part thereof 
 In the metropolis, the commissioners of police may order the police 
 to enter unlicensed theatres and apprehend the persons therein. See 
 24-3 Fict. u. 47, «. 46, andiSf 3 Fict. c. 94 {local, city), «. 30.] 
 
 2. Performing in unlicensed House.'] Any person for hire acting or pre- 
 
 senting any part of a stage play in any place not being a patent 
 theatre or duly licensed, 
 
 [Vide s. 9, Part III. of this Work, as to cases in which justices may 
 order a house to be closed, during which time the house is to be 
 deemed an unlicensed house ; — 5. 16, what shall be evidence of acting 
 for hire :~and by s. 17, the proof of licence is to be on the party 
 accused.] 
 
 Any person for hire (see b, 16) 
 
 3, Acting Plays before allowed, ^c] 
 
 acting or presenting, 
 or 
 
 4, Causing to he acted or presented, 
 
 any new stage play, or any act, scene, or part thereof, — or any 
 
 prologue or epilogue, or any part thereof, — until allowed by 
 
 Lord Chamberlain, 
 
 or 
 
 5. which shall have been disallowed, 
 
 6. Acting prohibited Plays.] Any person for hire acting or presenting 
 
 Ivide s. 1 6, as to what shall he evidence of acting for hire],— or 
 causing to be acted or presented, 
 
 any stage plays, &c. (as No, 4), contrary to prohibition [of Lord 
 Chamberlain, b. 14]. 
 
 TOWNS IMPROVEMENT ACT {Note 263 a)- 
 1. Commissioners destroying existing sewers, &c. neglecting to provide 
 others after notice. 
 
 Sljtil^e. 
 
 6 & 7 Vict c. 68 
 S.2, 
 
 Id, s, II. 
 
 Id. s. 15. 
 
 Id. 
 
 10 & 11 Vict. 
 u. 34, s. 26. 
 
 262 Appeal.] By 6 & 7 Vict. c. 68, s. 20,— "it shall be lawful for any person who 
 shall think himself aggrieved by any order of such justices of the peace to appeal there- 
 from to the next general or quarter session of the peace for the said county, riding, division, 
 liberty, city or borough, whose order shall be final." 
 
 263 Act not applicable to Booths or Shows in Fairs, Sfc] By s. 23, it is provided, that 
 nothing in the act contained " shall be construed to apply to any theatrical representation 
 in any booth or show, which by the justices of the peace or other persons having authority 
 in that behalf shall be allowed in any lawful fair, feast or customary meeting of the like 
 kind. The penalties under this title (" Theatres") may, instead of this proceeding before 
 justices, be recovered by action ^^^^^^^^ ^.^^^^^^ 
 
CHAP. ii.J THEATRES-TOWNS IMPROVEMENT ACT. 493 
 
 Time of laying 
 InforitiaLiuD, 
 
 1 Within 
 6 cal. months 
 (s. 22). 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 Two 
 (s. 19). 
 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Not exc. £20 for every day on which Yes 
 such house or place shall have (s. 20, 
 been so kept open without legal Note 
 authority (s. 2) ; — in default of 262)' 
 payment,levied by distress, — and 
 for want of distress, impr. for not 
 exc. 6 cal. m. (s. 19). 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to Whom 
 payable. 
 
 Id. 
 
 
 Id. 
 
 Id. 
 
 1 Within 
 6 cal. m. 
 (8 & 9 Vict. 
 c. 20, ss. 3, 151, 
 
 Note 263 a)- 
 
 Id. 
 
 Id. 
 
 Not exceeding £10 for every day 
 on which he shall so offend (s. 
 11); — recoverable as Offence 1, 
 sifpra. 
 
 Not exceeding i650, and licence to 
 be void (s. 15) ; — ^levied by dis- 
 tress, — knd for want of distress, 
 imprisonment for not exceeding 
 3 calendar months (s. 19). 
 
 The like. 
 
 Two 
 (8& 9 
 
 Vict, 
 c. 20, 
 =. 145, 
 
 Note 
 
 263 a) 
 
 Id. 
 
 Towards 
 
 defraying 
 
 prosecutor's 
 
 expenses, 
 
 and rem. 
 
 (if any) to 
 
 Her 
 
 Majesty 
 
 (s. 21). 
 
 Id. 
 
 Page, &c, 
 ' of 
 Foriniilist. 
 
 No. 1, 
 p. 205. 
 
 Not exc. 40s. for every day in de- 
 fault (s. 26) ; — recovered by dis- 
 tress (8 & 9 Vict. c. 20, s. 146) 
 — if distress insufficient, impr 
 without bail for not exc. 3 cal. m. 
 unless sooner paid (ss. 147, 3, 
 Note 263 a). 
 
 Id. 
 
 Id. 
 
 Yes 
 (see 
 Note 
 
 263a) 
 
 No. 2, 
 p. 205. 
 
 Id. 
 
 Id. 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 
 (8&9 
 Vict. c. 20, 
 
 s. 150). 
 
 263 a ^0 what Places the Act 10 !^ 11 Vict. c. 34, applies — Incorporated Provisions as to 
 Recovery of Penalties — Appeal.'] The offences under this title are created by " The Towns 
 Improvement Clauses Act, 1847," which extends "only to such towns or districts as shall 
 he comprised in any act of parliament hereafter to be passed which shall declare that this 
 act shall be incorporated therewith" (s. 1). Also, by s. 210, the provisions as to recovery 
 of penalties contained in the 8 & 9 Vict. c. 20, are incorporated with the 10 & 11 Vict. c. 
 34. Vide Note 54, "M'e, p. 256, as to penalty on witnesses and apprehension of transient 
 offenders, and Note §5. ante, p. 257, the req^uirements as to appeal, which, therefore, 
 equally apply to this title. „ . ... ,, ... „„ 
 
 ^^ Digitized by Microsoft® 
 
494 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 TOWNS IMPROVEMENT ACT— continued. 
 
 2. Persons, not employed by the commissioners, making drain into the 
 sewers, &c. of commissioners. 
 
 3. Persons making or altering drains, &c. contrary to the orders of the 
 
 commissioners. 
 
 4. Persons altering or displacing pavements, &c. without consent of 
 
 the commissioners. 
 
 5. Destroying or defacing numbers of houses and names of streets put 
 
 up by the commissioners. 
 
 6. Occupier not removing projections in front of house within fourteen 
 
 days after notice from commissioners. 
 
 7. Occupier not altering doors, &e. hanging outwards, within eight 
 
 days after notice from commissioners. 
 
 8. Occupier not making and keeping in repair proper covering for 
 
 cellar door, &c. opening into pavement. 
 
 9. Occupier not putting up and keeping waterspout to house or building 
 
 as ordered by commissioners. 
 
 10. Removing bars or lights, &c. erected across streets during repairs or 
 
 alterations, without authority of commissioners. 
 
 11. Persons taking down or repairing buildings not putting up or con 
 
 tinning hoard, &c. and light during the night, — or not removing 
 same when directed by commissioners. 
 
 12. Not lighting or fencing deposits of building materials or excavations. 
 
 13. Continuing deposits of building materials or excavations for an u 
 
 reasonable time. 
 
 14. Occupier not sweeping footway in front of his premises daily. 
 
 10 & 11 Vict, 
 i:. 34, 5. 30. 
 
 15. Laying dust, &c. in street after providing of dust boxes. 
 
 16. Scavengers not sweeping or cleansing streets, &c. as directed by 
 
 commissioners. 
 
 Id. ». 46. 
 Id. =. 56. 
 
 Id. s. 64. 
 Id. s. 69. 
 
 Id. s. 71. 
 Id. s. 73. 
 Id. s. 74. 
 
 Id. 
 
 s. 
 
 79. 
 
 Id. 
 
 s 
 
 80. 
 
 Id, 
 
 b 
 
 81. 
 
 Id. 
 
 ». 
 
 82. 
 
 Id. 
 
 s. 
 
 88. 
 
 Id. 
 
 s. 
 
 92. 
 
 Id. 
 
 s. 
 
 96. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TOWNS IMPROVEMENT ACT. 
 
 495 
 
 Time of laying 
 luforniatidii. 
 
 Number 
 
 and what 
 
 Jut^ticeb to 
 
 convict. 
 
 Penalty, Sec 
 
 ami 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Penalty, St;i. 
 to wliom 
 pajable. 
 
 Page, 4c. 
 
 of 
 Formulliit. 
 
 2 Within 6 
 cal. m. 
 
 (8 & 9 Vict. 
 c.20,ss.3, 151, 
 
 NoteZeSa,)- 
 
 Two 
 
 (8&9 
 Vict, 
 c. 20, 
 s. 145, 
 
 Note 
 
 263 a)- 
 
 Not exc. £5 and expense of re- 
 making (B. 30) ;— recovered as in 
 Offence 1, supra. 
 
 Yes 
 
 (see 
 Note 
 
 263 a) 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 (8 & 9 Vict, 
 c. 20, 
 s. 150). 
 
 •• 
 
 3 Id. 
 
 Id. 
 
 The like (s. 46). 
 
 Id. 
 
 Id. 
 
 •■ 
 
 4 Id. 
 
 Id. 
 
 Not exc. £5 and also not exc. 5s. 
 for every square foot exc. one foot 
 displaced, taken up or altered 
 (s. 56); — recovered as in Offence 
 1, supra. 
 
 Id. 
 
 Id. 
 
 ■ • 
 
 5 Id. 
 
 Id. 
 
 Not exc. 40s. (s. 64) ; — ^recovered 
 as in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 6 Id. 
 
 Id. 
 
 Not exc. 40s. and the expense of 
 removal (s. 69);— recovered as 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 7 Id. 
 
 Id. 
 
 The like (s. 71). 
 
 Id. 
 
 Id. 
 
 •• 
 
 8 Id. 
 
 Id. 
 
 Not exc. £5 (s. 73) ; — recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 9 Id. 
 
 Id. 
 
 Not exc. 40*. for every day in de- 
 fault (s. 74) ; — ^recovered as in 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 10 Id. 
 
 Id. 
 
 Not exc. £5 (s. 79);— recovered as 
 in Offence 1, si^ra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 11 Id. 
 
 Id. 
 
 Not exc. £5, and 40s. a day during 
 default (s. 80) ; — recovered as in 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 12 Id. 
 
 Id. 
 
 The like (s. 81). 
 
 Id. 
 
 Id. 
 
 •• 
 
 13 Id. 
 
 Id. 
 
 The like (s. 82). 
 
 Id. 
 
 Id. 
 
 •• 
 
 14 Id. 
 
 Id. 
 
 Not exc. 5s. (s. 88);— recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 • • 
 
 15 Id. 
 
 Id. 
 
 Not exc. 10s. (s. 92);— recovered 
 as in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 16 Id. 
 
 Id. 
 
 Not exc. £S (s. 95) ; — recovered as 
 in Offence I, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 
 
 — uiyiiizea uy iviicroson^ 
 
 
 
 
496 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43, 
 
 Sbitute. 
 
 TOWNS IMPROVEMENT kCT— continued. 
 
 
 
 17 
 
 Occupier obstructing scavengers in the performance of t}ieir duty. 
 
 10 & 11 Vict, 
 c. 34, s. 96. 
 
 18. 
 
 Persons, other than scavengers, removing night soil, dust, &c. 
 
 Id.s 
 
 .97. 
 
 19. 
 
 Conveying offensive matter at improper times or manner. 
 
 Id. s 
 
 .98. 
 
 20. 
 
 Allowing waste or stagnant water to remain in cellar, 8fc. after notice 
 from commissioners. 
 
 Id. s. 99. 
 
 21. 
 
 Occupier or owner not complying with commissioners' order to purify 
 house and repair drain, injurious to health. 
 
 Id.s. 
 
 102. 
 
 22. 
 
 Permitting corpse to he buried in a grave without leaving 30 inches 
 clear of soil above the coffin. 
 
 Id. s. 
 
 103. 
 
 23. 
 
 Disobeying order of justices for removal of certain nuisances in 
 trade, &c. (see s. 104). 
 
 Id.s. 
 
 105. 
 
 24i. 
 
 Using fireplaces in factories, &c, not to consume their own smoke, 
 after notice from commissioners. 
 
 Id.s 
 
 108. 
 
 25. 
 
 Erecting a building, or covering a roof otherwise than directed by 
 this section, and not altering same after notice. 
 
 Id. ». 
 
 109. 
 
 26. 
 
 Persons letting cellars as dwelling places. 
 
 U.^. 
 
 115. 
 
 27. 
 ( 
 
 Lodging-house keepers not complying with the provisions of the act 
 see ss. 116, 117). 
 
 Id.s. 
 
 118. 
 
 28. 
 
 Using place as a slaughter-house without licence from commissioners. 
 
 Id.s 
 
 126. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TOWNS IMPROVEMENT ACT. 
 
 497 
 
 Time oflaying 
 Information, 
 
 Number 
 and what 
 Jvwticesto 
 convict. 
 
 Penalty, kc. 
 
 and 
 
 Mode of enforcing". 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to wliom 
 payable. 
 
 Page, Sic. 
 Formuliflt. 
 
 17 Within 6 
 cal. m. 
 (8 & 9 Vict. 
 C.20, ss.3,151, 
 
 Note 263a). 
 
 Two 
 
 (8&9 
 Vict 
 c.20, 
 s. 145, 
 Note 
 
 263 a)- 
 
 Not exceeding £5 (s. 96); — reco- 
 vered as in Offence 1, supra. 
 
 Yes 
 (see 
 Note 
 
 263a) 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs. in aid 
 of poor rate 
 (8 & 9 Vict, 
 c. 20, 
 
 s. 150). 
 
 •• 
 
 18 Id. 
 
 Id. 
 
 Not exc. 40s. (s. 97); — ^recovered 
 as in Ofieiice 1, suipra. 
 
 Id. 
 
 Id. 
 
 •■ 
 
 19 Id. 
 
 Id. 
 
 The like (s. 98). 
 
 Id. 
 
 Id. 
 
 ■ • 
 
 20 Id. 
 
 Id. 
 
 Not exc. 40s., and 5s. a day nui- 
 sance continues, and expenses of 
 removal also to be paid by occu- 
 pier (s. 99); — recovered as in 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 
 21 Id. 
 
 Id. 
 
 Not exc. 10s. for every day's neg- 
 lect, and expenses of doing so 
 (s. 1 02) ; — recovered as in Offence 
 1, supra. 
 
 Id. 
 
 Id. 
 
 ■ 
 
 22 Id. 
 
 Id. 
 
 Not exc. £5 (s. 103);— recovered 
 as in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 • • 
 
 23 Id. 
 
 Id. 
 
 Not exc. £5 a day nuisance con- 
 tinued (s. 105) ; — recovered as in 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 24 Id. 
 
 Id. 
 
 Not exc. 40s. a day fireplace con- 
 tinued (s. 108); — recovered as in 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 25 Id. 
 
 Id. 
 
 Not exc. £\ per day continued 
 (s. 109) ;— recovered as in Of- 
 fence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 26 Id. 
 
 Id. 
 
 Not exc. 20s. ; and not exc. 5s. a 
 day occupied after first convic- 
 tion (s. 115); — recovered as in 
 Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 * * 
 
 27 Id. 
 
 Id. 
 
 Not exc. 40s.(s. 118) ; — recovered as 
 in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 28 Id. 
 
 Id. 
 
 Not exc. £5 ; and not exc. £5 a 
 day after conviction, if continued 
 (s. 126); — recovered as in Of- 
 fence 1, supra. 
 
 Id. 
 
 Id. 
 
 
 0. s. 
 
 Digitized by Microsoft® 
 
 K K 
 
498 
 
 Summary Convictions. 
 
 [PAKT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 statute. 
 
 TOWNS IMPROVEMENT ACI—cmtinued. 
 
 
 29. 
 
 Offending against bye-laws made by the commissioners for regulation 
 of slaughter-houses. 
 
 10 & 11 Vict, 
 t. 34, s. 128. 
 
 30. 
 
 Slaughtering cattle during suspension of licence. 
 
 Id. s. 130. 
 
 31. 
 
 Having in slaughter-house cattle or carcase unfit for human food. 
 
 Id. e. 131. 
 
 32. 
 
 Obstructing inspector of nuisances in seizing, &c. unfit food. 
 
 Id. 
 
 33. 
 
 Persons offending against regulations of commissioners as to bathing 
 places and drying grounds. 
 
 Id. s. 136. 
 
 34. 
 
 Obstructing commissioners or persons employed by them in per- 
 forming duties. 
 
 Id. s. 145. 
 
 35. 
 
 Tenants refusing to permit owners to execute works ordered by a 
 justice. 
 
 Id. s. 153. 
 
 36. 
 
 Refusing inspection, &c. of rates made under the act. 
 
 Id. s. 173. 
 
 37. 
 
 Refusing inspection of poor rates to commissioners. 
 
 Id. s. 178. 
 
 38. 
 
 Occupier of property refusing to give collector of rates the name of 
 the owner. 
 
 Id. s. 198. 
 
 39. 
 
 Persons offending against the bye-laws .of the commissioAers (see 
 ss. 200, 202—207). 
 
 Id. s. 201. 
 
 40. 
 
 Damaging or defacing boards of the by^Jaws. 
 
 Id. 6. 208. 
 
 41. 
 
 Commissioners failing to keep copies of special act at their office, 
 
 or to deposit with clerk of the peace (see s. 214). 
 
 Id. s. 215. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TOWNS IMPROVEMENT ACT. 
 
 Time of laying 
 
 InfurjnatioDf 
 
 &c. 
 
 29 Within 
 6 cal. m. 
 
 (8 & 9 Vict. 
 C.20, ss. 3, 151, 
 
 Note 263 b.)- 
 
 30 Id. 
 
 31 Id. 
 
 Number 
 and what 
 Jubtices to 
 
 convict. 
 
 32 Id. 
 
 33 Id. 
 
 34 
 
 Id. 
 
 35 Id. 
 
 Two 
 
 (8&9 
 Vict, 
 c. 20, 
 
 s. 145, 
 Note 
 
 263 a)- 
 
 Id. 
 
 Id. 
 
 36 
 
 Id. 
 
 Id. 
 
 37 
 
 Id. 
 
 Id. 
 
 38 
 
 Id. 
 
 Id. 
 
 39 
 
 Id. 
 
 Id. 
 
 40 
 
 Id. 
 
 Id. 
 
 41 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Peimlty. Stc, 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 8tc. 
 
 15, and 10s. a day nuisance con- 
 tinued after conyiction ( s. 1 28 ) ;t— 
 recovered as in Offence 1 , supra ; 
 and justices may suspend licence 
 for slaughter-house (s. 128). 
 
 Not exc. £5, and £5 a day after 
 conviction if continued (s. 130) ; 
 — recovered as in Offence 1 , supra. 
 
 Not exc. agio for every animal or 
 carcase, &c. found (s. 131);— re- 
 covered as in Offence 1, supra. 
 
 Not exc. £5 (s. 131); — recovered 
 as in Offence 1, supra. 
 
 Not exc. 40s. (s. 136); — recovered 
 as in Offence 1, supra. 
 
 Not exc. £5 (s. 145); — recovered 
 as in Offence 1, supra. 
 
 Not exc. £5 a day during refusal 
 (s. 153) ; — recovered as in Of- 
 fence Ij supra. 
 
 Not exc. £5 (s. 173) ; — recovered 
 as in Offence 1, supra. 
 
 The like (s. 178). 
 The like (s. 198). 
 
 Yes 
 (see 
 Note 
 
 263 a) 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Not exc. 40s. as imposed by the Id. 
 hye-law (s. 201); — ^recovered as 
 in Offence 1, supra. 
 
 Not exc. £5 (s. 208); — recovered 
 as in Offence 1, supra. 
 
 £20, and also £5 a day afterwards 
 in default (s. 215);— recovered 
 as in Offence 1, supra. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 to wnom 
 payable. 
 
 Not exc. 
 half to inf. 
 and rem. to 
 overs, in aid 
 of poor rate 
 (8 & 9 Vict. 
 c.20, 
 
 s. 150). 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id." 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Page, &c 
 
 of 
 Formulist, 
 
 Digitized bf-f^iBrosoft® 
 
500 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE ROADS. (See Note 264-) 
 
 I. Offences by Toll Collector, p. 500. 
 II. Offences by Surveyor, p. 504. 
 III. Offences as to Tolls, p. 504. 
 IV. Offences by Drivers, Owners, &c., p. 510. 
 V. Nuisances and other Offences, p. 514. 
 
 I. Offences by Toll Collector {Note 265)- 
 
 1. Demanding greater or less Toll, c^-o.] Any person, being the farmer or 
 renter or collector of tolls, taking a greater or less toll from any 
 person than authorized by this or the particular turnpike act. 
 
 3 Geo. 4, 
 c. 126, s. 55 
 {Note 266). 
 
 264 For a more complete account of the law as to turnpike roads, vide Oke's " Law 
 of Turnpike Roads ; comprising the whole of the General Acts now in force ; the Acts as 
 to Union of Trusts, for facilitating Arrangements with their Creditors, as to the Interference 
 by Railways with Roads, their Non-repair, and enforcing Contributions from Parishes, 
 &c., &c., practically arranged, with Cases, copious Notes, all the necessary Forms and an 
 elaborate Index, &c., &c." 12mo. 12s. cloth. 500 pages. Butterworths. All the Turn- 
 pike Acts cited in this title are to be construed together as one act. 
 
 265 Lessee of Tolls to pay Penalty on Collector absconding.~\ By 3 Geo. 4, c. 126, s. 54, — 
 " in case any toll collector, or person acting as such, shall offend against any of the pro- 
 visions of this act, whereby any penalty shall be incurred, — and shall abscond or absent 
 himself so as not to be found, — then it shall and may be lawful for any justice of the peace 
 before whom any such toll collector or person shall have been convicted of any such 
 offence, in case of such collector or other person absconding after conviction, — or in case 
 of his or her absconding previous to conviction, then for any other justice of the peace 
 acting for the county, on an examination of t'le circumstances, and ascertaining by the 
 examination of witnesses that such offence has been committed by the person absconding, 
 — to order and adjudge that the penalty incurred as aforesaid shall be paid by the lessee 
 or farmer of the tolls under whom such collector or other person shall act ; — all which pe- 
 nalties shall be levied and recovered from such lessee or farmer, and applied in manner 
 hereinafter directed." Vide forms No. 12—15, pp. 207, 208, Oke's " Formulist," 2nd 
 edit. 
 
 266 Witnesses.'] By sect. 138 of 3 Geo. 4, c. 126, witnesses not appearing or refusing to 
 be examined are to forfeit not exceeding 40s. See sect. 7 of 11 & 12 Vict t. 43, ante, 
 p. 122. 
 
 267 .Appeal.] By 4 Geo. 4, c. 95, s. 87, — " if any person shall think himself or herself 
 aggrieved by any order, judgment or determination made, or by any matter or thing done 
 by any justice or justices of the peace, — or by any trustees or commissioners of any turn- 
 pike road, — in pursuance of this act or the said recited act, or any local act for making, 
 repairing or maintaining any turnpike road, — (except where the order, judgment or deter- 
 mination of any such justice or justices, trustees or commissioners are hereby declared to 
 be hnal and conclusive, and except under the particular circumstances hereinafter men- 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TURNPIKE ROADS. 
 
 501 
 
 Time of layings 
 Inforniatiofi, 
 
 Conviction 
 
 within 
 
 6 months 
 
 (9 Geo. 4, 
 
 c. 77, s. 18). 
 
 Number 
 and wliat 
 Justices to 
 convict. 
 
 One 
 (3 G. 4, 
 c, 126, 
 s. 143). 
 
 Penalty, &c. 
 
 and 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 ic. 
 
 £5 (3 Geo. 4, c. 126, s. 55);— levied Yes, 
 by distress ; — if insufficient, im-| if exc. 
 prisonment without bail or main- 40s. 
 prize for not exceeding 3 calendar (Note 
 months, unless sooner paid (s. 267)- 
 141). 
 
 Penalry, &c. 
 to whom 
 payabie. 
 
 One moiety 
 
 to inf., and 
 
 the other to 
 
 treasurer of 
 
 commrs. for 
 
 repairs 'of 
 
 road (3 G. 4, 
 
 c. 126, 
 
 s. 141). 
 
 Pase, &c. 
 
 of 
 Forniuliet. 
 
 No. 1, 
 p. 205. 
 
 tioned,) and for which no particular method of relief hath been already appointed, — such 
 person may appeal to the justices of the peace at the next general or quarter sessions of 
 the peace to be held for the county, division, riding or place wherein the cause of such 
 complaint shall arise, — such appellant first giving or causing to be given to such justice, 
 commissioner or trustee by whose act or acts such person shall think himself or herself 
 aggrieved, notice in writing of his or her intention to bring such appeal, and of the matter 
 thereof, within six days after the cause of such complaint shall arise,— and within four days 
 after such notice entering into recognizances before some justice of the peace, with two 
 sufficient sureties, conditioned to try such appeal at and abide the order of and pay such 
 costs as shall be awarded by the justices at such general or quarter sessions, and also to pay 
 the penalty or forfeiture in case the conviction should be affirmed;— and each and every 
 justice of the peace, commissioner or trustee, having received notice of such appeal as 
 aforesaid, shall return all proceedings whatever had before him respectively touching the 
 matter of such appeal to the said justices at their general or quarter sessions aforesaid ; — 
 and the said justices at such sessions, upon due proof of such notice having been given as 
 aforesaid, and of such recognizance having been entered into in manner before directed, 
 shall hear and finally determine the causes and matters of such appeal in a summary way, 
 — and award such costs to the parties appealing or appealed against as they the said jus- 
 tices shall think proper, — to be levied and recovered by distress and sale of the goods and 
 chattels of the person or persons against whom such determination shall be given, — and the 
 determination of such general or quarter sessions shall be final and conclusive to all in- 
 tents and purposes; — and no proceeding to be had or taken in pursuance of this act shall 
 be quashed or vacated for want of form, or removed by certiorari, or any other writ or 
 process whatsoever, into any of his majesty's courts of record at Westminster, any law or 
 statute to the contrary notwithstanding : — provided always, that in case there shall not be 
 time to give such notice and enter into such recognizances as aforesaid before the next 
 sessions to be holden after the conviction of the appellant, then and in every such case 
 such appeal may be made to the next following sessions, and shall be there heard and de- 
 termined : — provided always, that no appeal shall be allowed against any conviction for 
 any penalty or forfeiture which shall not exceed the sum of f jrty shillings." 
 
 Digitized by Microsoft® 
 
502 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE 'R.OA'DB— continued. 
 
 I. Offences by Toll CoLtECTOR— coniiBuerf. 
 
 2. Any collector not placing board and keeping same on front of toll 
 
 house during the time he shall be a collector, 
 or 
 
 3. Demanding and taking a greater or less toll [see Stamp v. Sweetland, 
 
 14 L. J. 184, M.] from any person than authorized by any act or 
 orders of commissioners, 
 or 
 
 4. Demanding and taking a toll from any person exempt from pay- 
 
 ment and claiming such exemption [see Note 269, P- 506, /or the 
 exemptions], 
 or 
 
 5. Refusing to permit or suffer any person to read, or in anywise hin 
 
 dering any person from reading, — the inscription on the board 
 containing his name, 
 or 
 
 6. Refusing to tell his christian and surname to any person demanding 
 
 the same, on being paid any tolls, — or giving a false name, 
 or 
 
 7. Refusing or omitting to give to person paying toll a ticket denoting 
 
 payment, &c. 
 or 
 
 8. Upon legal toll being paid or tendered, unnecessarily detaining,— or 
 
 wilfully obstructing, hindering or preventing, — any passenger 
 from passing through any turnpike or tollgate, 
 or 
 
 9. Using any scurrilous or abusive language to any trustee or commis 
 
 sioner, traveller or passenger. 
 
 10. Examination of Waggons, Sfc."] Any collector, — or his deputy, — or any 
 person appointed to collect tolls, — allowing waggon, cart or other 
 carriage to pass before measurement and examination made, the 
 same having been required. 
 
 11. Neglecting to sue for Penalties, Sfc] Permitting or suffering any wag- 
 
 gon, &c. to pass upon turnpike road, &c. within his view, or with 
 his knottledge, with wheels of a less breadth or different con- 
 struction than allowed by act, — or without names, &c. painted 
 thereon, — and not within one week proceeding for recovery of 
 penalty. 
 
 12. Weight of Waggons, S^c.'] Permitting loaded waggons, &c. liable to 
 
 be weighed to pass with greater weight than allowed without 
 weighing and receiving additional toll. 
 
 13. Exemptions.] (See Note 269, post, p. 506.) Refusing to give ticket 
 
 to driver of waggon, &c. exempt on receiving toll, 
 or 
 
 14. Refusing or neglecting to return same toll upon return of such wag- 
 
 gon, &c. and redelivery of ticket. 
 
 4 Geo. 4, 
 c. 95, s. 30 
 (see s. 88). 
 
 3 Geo. 4, c. 126, 
 
 s. 11 
 
 {Note 266 )• 
 
 Id. s. 52. 
 
 Id. s. 22. 
 
 Id. s. 27. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TURNPIKE ROADS. 
 
 503 
 
 Time of laying 
 
 Number 
 arid what 
 
 .liiRfirpfi in 
 
 Penaltj. ic. 
 
 IfAp- 
 
 Penalty, &c. 
 to wliom 
 
 Page,J<c. 
 of 
 
 ic 
 
 convict.^ 
 
 Mode of enforcing. 
 
 &c. 
 
 payable. 
 
 Formullst. 
 
 2 1 Con- 
 9 S viction 
 
 One 
 
 Not exe. £5 (4 Geo. 4, c. 95, s. 30) ; 
 
 Yes, 
 
 One moiety 
 
 , Nos. 
 
 (3 G. 4, 
 
 — recoverable under 3 Geo. 4, 
 
 ifexc. 
 
 to inf., and 
 
 2—10, 
 
 within 
 
 0. 126, 
 
 ' c. 126, g. 141, by distress ;— if in^ 
 
 40S. 
 
 the other to 
 
 pp. 205— 
 
 6 months 
 
 s. 143). 
 
 sufficient, imprisonment without 
 
 {Note 
 
 treasurer of 
 
 207. 
 
 (9 Geo. 4, 
 
 
 bail or mainprize for not exoeed- 
 
 267). 
 
 commrs. for 
 
 
 c. 77, ». 18). 
 
 
 1 ing 3 calendar months, unless 
 sooner paid (s. 141). Fide s. 88 
 of 4 Geo. 4, c. 95. 
 
 [Vide Note 265, "s to proceedings 
 against the lessee or farmer of the 
 tolls, on the colletfor committing 
 offence and absconding.'] 
 
 1 
 
 repair of 
 
 road (3 Geo. 
 
 4,c. 126, 
 
 3. 141). 
 
 
 10 Id. 
 
 Id. 
 
 Nbt exceeding £5 (3 Geo. 4, c. 126, 
 s. 11);— levied by distress;— if 
 insufficient, impr. without bail or 
 mainprize for not exceeding 3 cal. 
 months, unless sooner paid (s. 
 141). 
 
 \ Id. 
 
 Id. 
 
 • • 
 
 11 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 "" 
 
 12 Id. 
 
 Id. 
 
 £S(s. 22);— recovered as Offence 
 10, supra. 
 
 Id. 
 
 Id. 
 
 •• 
 
 13) Id. 
 14/ 
 
 Id. 
 
 Not more than £5 (s. 27) ;— re- 
 
 Id. 
 
 The owner 
 
 
 
 covered by distress and impri- 
 
 
 of such 
 
 
 
 
 sonment, as Offence 10, supra. 
 
 
 waggon, &c. 
 (s. 27). 
 
 
 
 
 [Vide Nofe 265, «* *<> proceedings 
 
 
 
 
 
 
 against lessee of tolls an collector 
 
 
 
 
 
 
 absconding.'] 
 
 
 
 
 Digitized by Microsoft® 
 
504 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE ROADS— continued. 
 
 II. Offences bt Surveyor. 
 
 15. Holes or Pits made in getting Materials.'] Neglecting to fence off and 
 
 support and repair same during time remaining open, 
 or 
 
 16. Within 3 days afier pit or hole opened, where no materials found, to 
 
 forthwith fill up same, 
 or 
 
 17. Where materials found, within 14 days after sufiScient dug out and 
 
 not further useful, to fill up same, &c., 
 or 
 
 18. And, if likely to be fvirther useful, to secure same by posts and rails, 
 
 &c. to prevent accidents. 
 
 19. Neglecting to fill up, &c. for 6 days after receiving notice for either 
 
 of those purposes from any justice, or owner or occupier of 
 ground, &c. 
 
 3 Geo. 4, 
 c. 126, s. 99 
 {Note 266). 
 
 III. Offences as to Tolls. 
 
 20. Unloading at Gate.] Any person unloading any goods, &c. from any 
 
 cart, &c. at or before the same shall come to any turnpike gate or 
 weighing machine, 
 or 
 
 21. Loading after passing Gate."] Loading or laying upon such cart, &c. 
 
 after passing gate, any goods, &c. taken or unladen from any 
 horse, cart, &c. belonging to or hired by the same waggoner or 
 carrier, in order to avoid toll for overweight 
 
 22. Unloading to pay less Toll.'\ So unloading in order to carry consider- 
 
 able quantities of goods through gate or by weighing engine on 
 one and the same day, and thereby pay less toll than would have 
 been paid if not so unladen, 
 or 
 
 23. Driver not waiting for other Carriages to he weighed.] Driver of any 
 
 waggon, &c. not waiting a reasonable time whilst any other car- 
 riage shall be weighed which had come to the weighing engine 
 before his {Note 268). 
 or 
 
 24. Refusing to remove from Jf^eighing Machine.] Driver refusing or de 
 
 laying to remove or drive waggon, &c. from the weighing machine 
 
 in order to impede or delay the weighing of any other waggon, &c., 
 
 or 
 
 25. Turning out of Road.] Turning or driving out of road in order to 
 
 avoid or evade the weighing of waggon, &c. 
 
 Id. 
 
 Id. s. 20. 
 
 Id. 
 
 268 Proceeding against Owner for Driver's Offence — Detention if unknown Offenders.] 
 Any driver oifending and refusing to disclose his name, — or absconding or absenting himself 
 so as not to be found, — a justice, on complaint may summon the owner before him to answer 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TURNPIKE ROADS. 
 
 505 
 
 Time of laying 
 Information, 
 
 151 
 18/ 
 
 Convic- 
 tion within 
 6 months 
 (9 Geo. 4, 
 :. 77, 5. 18). 
 
 Number 
 
 and what 
 
 Justices to 
 
 convict. 
 
 Penalty, &c. 
 
 and 
 Mode of enforciDg. 
 
 19 
 
 Id. 
 
 One (3 
 Geo. i, 
 0. 126, 
 s. 143). 
 
 Id. 
 
 20 ; 
 
 21 I 
 
 Id. 
 
 {Note 
 
 268). 
 
 221 
 25 
 
 Id. 
 
 Id. 
 
 Id. 
 
 20s. for every such default (3 Geo. 4, 
 li. 126, s. 99) i — levied by distress ; 
 — if insufficient, impr. without 
 bail or mainprize for not exceed 
 ing 3 cal. months, unless sooner 
 paid (s. 141). 
 
 Not exc. i610 nor Jess than 40s. for 
 every such neglect (s. 99) ; — 
 recovered as Offences 15 — 18, 
 supra. 
 
 If Ap- 
 peal, and 
 Time, 
 
 tiC. 
 
 Yes, 
 if exc. 
 
 40s. 
 {Note 
 
 267). 
 
 tf the driver he the owner, to forfeit 
 J85;— levied by distress on his 
 goods ; — on nonpayment, com- 
 mitment for not exceeding 2 ca^ 
 lendar months (s. 20). 
 
 If the driver not the oliiner, to forfeit 
 not exceeding 40.?. ; — on nonpay- 
 ment, commitment for not exc. 2 
 cal. m. (s. 20). (See Note 268-) 
 
 The like. 
 
 [Vide Note 268 ^^ 'o proceeding 
 against owner for driver^ s offence, 
 and as to detention qf unknown 
 offenders.^ 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Page, &c. 
 
 of 
 Formalist. 
 
 One moiety 
 to inf., and 
 the other to 
 treasurer of 
 
 commis- 
 sioners for 
 
 repair of 
 road (3 Geo. 
 
 4, c. 126, 
 s. 141). 
 
 To be laid 
 o.ut in fenc- 
 ing off, &c 
 such pit or 
 
 hole, in 
 such man- 
 ner as jus- 
 tice directs 
 
 (s. 99). 
 
 One moiety 
 
 to inf., and 
 
 the other to 
 
 treasurer of 
 
 commrs. for 
 
 repair of 
 
 road (3 
 
 Geo. 4, c. 
 
 126, s. 141) 
 
 Id. 
 
 Nos. 
 16, 17, 
 p. 208. 
 
 Nos. 
 18—21, 
 
 pp. 
 208, 209. 
 
 complaint ; — and if owner neglect to appear, or appearing shall not then, or within ten days 
 thereafter, produce the driver, or disclose his name and place of abode, the same justice, 
 or any other, on ascertaining that offence has been committed, shall order the penalty 
 
 Digitized by Microsoft® 
 
506 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE ROADS— coniiftued. 
 
 III. Offences as to Tolls — continued. 
 Evading payment of Tolls h'g 
 
 26. Going off Road.'\ A.tiy person with any horse, cattle, beast or cslrriage 
 
 going oif or passing from turnpike road, through or over any land 
 neat- or adjoining thereto (not being a public highway, and such 
 person not being the owner or occupier of such land, or servant, 
 or one of his family), with intent to evade, &c. 
 
 [In the case of Veitch v. Trustees of Exeter Turnpike Roads 
 (27 L. J.{N. S.) M. a 116; 22 /. P. 128), it was held, that a 
 person who had not passed 100 yards on the turnpike roaa- be/ore 
 ke entered on the private road, and thereby avoided incurring the 
 toll, was not liable in this clause as for evading payment, none being 
 payable ; and that the distance travelled in returning could not be 
 added to the distance in going.'] 
 Or 
 
 27. Owner', Sfc permitting samci] Any owner or occupier of such land 
 
 knowingly oi' willingly permitting or suffering any person (except 
 as in 26) with any horse, &c. to go or pass, &c. with intentj &c. 
 
 3 Geo; 4, 
 c. 126, s. 41 
 {Note 266). 
 
 incurred to he paid by the owner, to be recovered and applied as other penalties (4 Geo. 4, 
 c. 95, s. 73). Vide forms No. 40—43, Oke's '• Formulist," p. 212,- 2nd edit. 
 
 By sect. 140 of 3 Geo. 4, t. 126, unknown persons committing any offence against the 
 act may be seized and detained by a collector or others, and taken before a justice. 
 
 269 Exemptions from Toll.] The exemptions ftOm payment of toll are allowed by various 
 statutes, and are as follow : — 
 
 3 Geo. 4, c. 1 26, s. 32, and 4 Geo. 4, c. 95, s. 24. 
 
 Horses and carriages attending or going to attend, or returning &om having 
 attended, the royal family. 
 3 Geo. 4, c. 126, s. 32, and 4 Geo. 4, c. 95, s. 10. 
 
 The like, employed in conveying stones, &c. for repair of any road or building 
 bridge, the bottoms of the fellies of the wheels not being of lefes breadth than 
 4i inches. 
 3 Geo. 4, c. 126, s. 32. 
 
 Surveyor executing duty within the limits of his trust. 
 
 Horses, carriages, &c. employed only in carrying manui-e (excejit lime) for im- 
 proving lands, or any ploughs, harrows', or implements of husbandry [and 
 threshing machines, 14 & 15 Vict. c. 38, s. 4j 16 & 17 Vict c. 135, s. 6, and 
 the steam engine attached or belonging to the threshing machine is to be 
 taken with it as one whole implement (Reg. v. Matty, 27 L. J. (N. S.) 
 M. C. 59 ; 22 J. P. 52)]. Toll, however, not to be taken for carrying lime for 
 improving land uhless authorized by some local act passed before general 
 act {see 4 Geo. 4, t. 16, s. 1), nor when exempt by local act (sCe 3 & 4 Vict 
 o. 51, s. l)i 
 Horses, carriages, &c. employed in conveying agricultural produce grown by the 
 
 owner, and not sold or going for sale. 
 Any person going to or returning from his proper parochial church or chapel, or 
 usual place of religious worship tolerated by law, on Sunday', or any day on 
 which divine service is celebrated by authority [beyond five miles from the 
 Royal Exbhange or Westminster Hall (s. 33)] : 
 Or inhabitant of any parish going to or returning from the fiineral of anj person 
 who shall die and be buried in the parish in which any turnpike road shall lie 
 [or out of the parish; see Burial Actj 20 & 21 Vict. c. 81, s. 14]: 
 Or any clergyman going to or returning from visiting any sick partshionei", or on 
 othef parochial duty within his parish : 
 
 Digitized by Microsoft® 
 
GHAP. II.] 
 
 TURNPIKE ROADS. 
 
 507 
 
 Time of laying 
 Informadoa. 
 
 Number 
 
 abd wbat 
 
 Jnsticee to 
 
 convict..... 
 
 Penalty, &c 
 
 tend 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Peuallj, 4c. 
 tb whom 
 payable. 
 
 Page, &c. 
 
 of 
 Formullit. 
 
 26 I Conviction 
 
 One 
 
 Not exceeding ^5 (s. 41) ;-^levied 
 
 Yes, 
 
 One moiety 
 
 Nos. 
 
 27 ] within 
 
 (3 G. 4, 
 
 by distress ; — if insufficient, im- 
 
 if exc. 
 
 to inf., and 
 
 22, 23, 
 
 6 months 
 
 c. 126, 
 
 prisonment without bail or main- 
 
 40s. 
 
 the other to 
 
 p. 209. 
 
 (9 Geo. 4, 
 
 si 143). 
 
 prize for not exceeding 3 ca- 
 
 {Note 
 
 treasurer of 
 
 
 C.77, s. 18, 
 
 
 lendar months, unless sooner paid 
 
 267)- 
 
 commrs. for 
 
 
 Note 268). 
 
 
 (s. 141). 
 
 
 repair of 
 
 road(3G.4, 
 
 c. 126, 
 
 s. 141). 
 
 
 269 Exemptions from ToU\ — continued. 
 
 Or horses or carriages employed only in conveying vagrants under any pass or 
 warrant : 
 
 Or in conveying the mails, or soldiers on duty, baggage, public stores, 
 volunteer infantry or corps of yeomanry (the person being dressed' in the 
 uniform of his corps and having his arms, furniture and accoutrements 
 according to the regulations of such corps) : 
 Or conveying any person to or from any county election. 
 1 & 2 Will. 4, c. 25, ss. 1, 4. 
 
 Horses, &c. going to or returning from plough or harrow, water or pastui'e, or 
 being shoed or farried, and not passing more than two miles on such road so 
 going or returning, if the turnpike gate be more than six miles from London 
 Bridge. 
 
 1 & 2 Will. 4, c. 25, s. 2. 
 
 Or employed in the performance of statute labour. 
 
 2 & 3 Will. 4, 0. 124, s. 1. 
 
 Waggons, &c. having passed through a turnpike gate, and paid single duty, upon 
 returning the same day so laden as to be subject to double toll, from paying 
 more than one more single toll. 
 
 2 & 3 Vict. c. 47, s. 10. 
 
 Horse or police van in the service of the Metropolitan Police Force. 
 
 3 & 4 Vict. c. 88, s. 1. 
 
 Any horse, police van, carriage or cart in the service of the county police esta- 
 blishment, the constable in charge thereof (if not the chief constable) producing 
 an order in writing under the hand of the chief constable, or wearing his police 
 dress at the time of claiming the exemption, and which is to include super- 
 intending constables appointed under 1 3 & 14 Vict. c. 20. 
 
 4 & 5 Vict. c. 33, s. 1 (amending 3 Geo. 4, c. 126, s. 32). 
 
 Any horse, ass, sheep, swine, or other beast or cattle, or cart, waggofl, or other 
 carriage, which shall only cross any turrtpike road,.oi' shall not pass above 100 
 yards thereon. [This means 100 yards on the identical road with that on 
 which the toll-bar is erected j Reg. v. GerrarS, 26 L. J. (N. S.) M. C. 143 ; 
 29 Law T. a B. 87 j 21 J. P. 708 ; Gerrard v. Parker^ 7 E. & B. 498, Privy 
 e.; 3 Jur. N. S. 741.] 
 
 Digitized by Microsoft® 
 
508 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE ROADS— continued. 
 
 III. Offences as to ToLhs— continued. 
 
 Evading Payment of Tolls hy 
 
 28. Giving or receiving Tickets from other Persons than Collectors.'] Any 
 
 person giving or receiving from any person other than collector of 
 
 tolls, any note or ticket with intent to evade, &c., 
 
 29. Forging, counterfeiting or altering any note or ticket, with like in- 
 tent. 
 
 30. Fraudulently, Sfc. passing through Gate."] Fraudulently or forcihly 
 
 passing through toll gate with any horse, cattle, beast or carriage 
 (see Reg. v. Irving, 12 Q. B. 429 j 12 Jur. 498 ; 12 J. P. 358), 
 or 
 
 31. Leaving upon the road any horse, &c. by reason whereof the pay- 
 
 ment of tolls shall be avoided or lessened, 
 or 
 
 32. Taking off Horse.'] Taking off or causing to be taken off any horse 
 
 or other beast or cattle from any carriage, either before or after 
 passing through toll gate, whereby toll shall or may be evaded 
 or 
 
 33. Adding another Horse.] Having passed through toll gate, afterwards 
 
 adding to or putting any horse or other beast to carriage, and 
 drawing therewith upon any part of turnpike road, so as to in- 
 crease the number of horses or other beasts drawing such carriage, 
 after passing through such gate, whereby payment of toll shall or 
 may be evaded, 
 or 
 
 34. Doing any other Act to evade.] Any person doing any other act what- 
 
 ever in order or with intent to evade payment of tolls, and 
 whereby the same is evaded. 
 
 35. Fraudulently claiming Exemption under General Act.] Any person by 
 
 any fraudulent or collusive means claiming, 
 or 
 
 36. Taking the benefit of, any exemption from tolls or from over-weight, 
 
 or for using any additional horse, or of any other exemption (see 
 Note 269 for the Exemptions). 
 
 37._ Claiming Exemption under a Local Act.] Any person claiming or 
 taking the benefit of any of the exemptions mentioned in any 
 local turnpike act, not being entitled to the same. 
 
 3 Geo. 4, 
 c. 126, s. 41 
 (Note 266). 
 
 Id. 
 
 Id. s. 36. 
 
 9 Geo. 4, 
 c. 77, s. 17 
 {Note 266). 
 
 269 Exemptions from Tolls] — continued. 
 6 & 7 Vict. 0. 95, s. 8. 
 
 Any horse ridden hy any field officer or staff officer of pensioners, being in 
 uniform, when employed on any of his duties, or any private or hired vehicle 
 necessarily used by such officers, being in uniform, for the conveyance of 
 thetnselves and the books and other documents required for the purpose of 
 paying the outpensioners at the several stations within the district. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TURNPIKE ROADS. 
 
 509 
 
 Time of laying 
 
 Niimber 
 and what 
 
 Penalty. &c. 
 
 If Ap- 
 pearand 
 Time 
 
 Penalty, &c. 
 
 Page, S;c. 
 
 iiifoi-Diatlon, 
 
 Justices to 
 
 to wnom 
 
 of 
 
 Sec. 
 
 convict. 
 
 Mode of enforcing. 
 
 Sic' 
 
 payable. 
 
 FormullBt. 
 
 28 } Conviction 
 
 29 5 within 
 
 One 
 
 Not exceeding £5 (s. 41) j— reco- 
 
 Yes, 
 
 One moiety 
 
 Nos. 
 
 (3 G. 4, 
 
 vered as Offences 30—34, ir{fra. 
 
 if exo. 
 
 to inf., and 
 
 24, 25, 
 
 6 months 
 
 c. 126, 
 
 
 40s. 
 
 the other to 
 
 p. 209. 
 
 (9 Geo. 4, 
 
 s. 143). 
 
 
 (Note 
 
 treasurer of 
 
 
 c. 77, s. 18, 
 
 
 
 267). 
 
 commrs. for 
 
 
 Note 268). 
 
 
 
 
 repair of 
 
 road ( 3 G. 4, 
 
 c. 126, 
 
 s. 141). 
 
 
 30 ^ Id. 
 
 Id. 
 
 Not exceeding £5 (s. 41 ) ; — ^levied 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 3M 
 
 
 hy distress ; — if insufficient, im- 
 prisonment without bail or main- 
 prize for not exceeding 3 ca- 
 lendar months, unless sooner paid 
 (s. 141). 
 
 [Mem. Unknown offenders may be 
 seized and detained by a collector 
 or others, and taken before a jus- 
 tice, 3 Geo. 4, t. 126, s. 140.] 
 
 
 
 26—30, 
 p. 210. 
 
 35 I Id. 
 
 Id. 
 
 Not exceeding £5 (s. 36) ; — levied 
 
 Id. 
 
 Id. 
 
 No. 31, 
 
 36 i 
 
 
 by distress; — if insufficient, im- 
 prisonment without hail or main- 
 prize for not exceeding 3 cal. m., 
 unless sooner paid (s. 141). 
 
 
 
 p. 210. 
 
 37 Id. 
 
 Id. 
 
 Not exceeding £5 (s. 17) ; — reco- 
 vered as Offence 45, infra, un- 
 der the 3 Geo. 4, c. 126 (vide s. 
 19of9Geo. 4, c. 77). 
 
 Id. 
 
 Id. 
 
 No. 32, 
 p. 211. 
 
 269 Exemptions from Tolls'] — continued. 
 7 & 8 Vict. c. 52, s. 3. 
 
 Horse, &c. in the service of a superintendent constable, under 5 & 6 Vict. c. 109, 
 
 if he produces the certificate of his appointment, signed by the clerk of the 
 
 peace, or wear his dress according to the county regulation at the time of 
 
 claiming the exemption. 
 
 [Vide other exemptions, and the decisions upon these, Oke's "Law of Turnpike Roads," 
 
 pp. 288-317.] 
 
 Digitized by Microsoft® 
 
510 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences reithin the 11 & 12 Vict. c. 43. 
 
 TURNPIKE ROADS— c<»>«n«e<J. 
 
 III. Offences as to Tolls — continued. 
 Evading Payment of Tolls by 
 38. Refusing IVeighing of Carriage, Sfc,"] Owner or driver of any loaded 
 waggon, &C., liable to be weighed) refusing to allow same, 
 
 or 
 89. Resisting any gate keeper or toll collector in weighing same. 
 
 40. Evading Measurement of Wheels, Sfc.'] Owner or driver of waggon, &c. 
 turning or driving out of the road in order to avoid or evade the 
 measurement of wheels of such waggon, &c. 
 
 41. 
 
 Refusing to allow same to be measured, and their construction ex- 
 amined. 
 
 3 Geo. 4, 
 c. 126, s. 22 
 {Note 266). 
 
 42. Attempting to pass through gate before measurement and examina- 
 
 tion made (same having been required), 
 or 
 
 43. In any way hindering or obstructing any trustee or commissioner, or 
 
 other authorized person in making measurement and examination. 
 
 44. Passing without paying Toll.'] Any person passing through any turn- 
 
 pike gate, rail, chain or other fence set up by authority of parlia- 
 ment, without paying the toll appointed to be paid thereat (see 
 Reg. V. Irving, 12 Q. B. 429 ; 12 Jur. 498 ; 12 J. P. 358). 
 
 IV. Offences by Drivers, Owners, &c. 
 [^Fide other Offeijces under branch " Offences as to Tolls," supra.] 
 
 45. Riding upon Footpath.] Any person riding upon any footpath or 
 
 causeway by the side of turnpike road, made or set apart for the 
 use or accommodation of foot passengers. 
 
 [Mem. Unknown offenders may be detained, s. 140.] 
 
 46. Driving or leading on same.] Leading or driving any horse, ass, mule, 
 
 swine or cattle, or carriage of any description, or any wheelbarrow, 
 truck or sledge, or any single whed of _any waggon, cart or car- 
 riage, apart therefrom, upon such footpath or causeway, 
 or 
 
 47. Damaging Footpath or Fences.] Causing any injury or damage to be 
 
 done to same, or the hedges, posts, rails or fences thereof. 
 
 48. Injuring, damaging, or incumbering, riding upon, driving upon, or 
 
 otherwise using any public footpath or causeway by the side of 
 and adjacent to any turnpike road, to the prejudice, annoyance or 
 personal danger of any person travelling thereon (by whomsoever 
 repaired). 
 
 Id. s, 11. 
 
 Id. s. 139. 
 
 Id. s. 121. 
 
 Id. 
 
 r & 8 Geo. 4, 
 c. 24, s. 16 
 {Note 266)- 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TURNPIKE EGADS. 
 
 511 
 
 Time of laying 
 lufomnatioD, 
 
 '&c. ■ 
 
 38 \ Con- 
 
 89/ vioUon 
 
 within 6 m. 
 
 (9 Geo. 4, 
 
 c. 77, s. 18, 
 
 Note268)- 
 
 Number 
 
 oud wliat 
 
 .justices to 
 
 convict. 
 
 One 
 
 (3 G. 4, 
 c. 126, 
 s. 143). 
 
 40"! 
 43 J 
 
 Id. 
 
 44 Id. 
 
 45 Id. 
 
 46 \ Ji 
 
 46 \ 
 47/ 
 
 48 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &ec 
 
 and 
 
 Mode of enforcing. 
 
 Not exceeding £5 (s. 22) ;— 
 vered as Offence, 45, iiifra. 
 
 Id. Not exceeding £5 (s. 11); — reco- 
 vered as Offence 45, infra. 
 
 [Vide also Note 268, "s to proceed- 
 ings against the owner for the 
 driver's offence.'] 
 
 Not exceeding £10 (s. 139);^re 
 covered as Offence 45, infra. 
 
 Not exc. 40*. over and above the 
 damage occasioned thereby (s. 
 121 ) ; — ^levied by distress ;^^if 
 disteess jnswfiicient, impr. without 
 bail or mainprize for not exc. 3 
 cal.m., unless sooner paid(s. 141). 
 
 Not exc, 4Q». over and above the 
 damage occasioned thereby (s, 
 121);— levied by distress;— if 
 distress insutScient, impr. for not 
 exc. 3 cal. m., unless sooner paid 
 (s. 141), 
 
 Not exceeding 40». over and above 
 the damage occasioned thereby 
 ^s. 1'6);— levied by distress;— if 
 insufBcient, imprisonment for not 
 exceeding 3 calendar months, un- 
 less sooner paid, under s. 141 of 
 3 Geo. 4, c. 126. (Fide s. 20 of 
 7 &8 Geo.4, c. 24.) 
 
 Digitized by Microsoft® 
 
 If Ap- 
 peal, and 
 Time, 
 
 lie. 
 
 Yes, 
 
 if exc. 
 
 40s. 
 
 {Note 
 
 267)- 
 
 Id. 
 
 One moiety 
 to inf., and 
 the other to 
 treasurer of 
 commrs. for 
 
 repair of 
 
 road (3 G. 4, 
 
 .;. 126, 
 
 s. 141). 
 
 Id. 
 
 Id. 
 
 No 
 (see 
 Note 
 
 267). 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 to wnom 
 payable. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Page, &c 
 
 of 
 Formulist. 
 
 Nos. 
 S3, 34, 
 p. 211. 
 
 Nos. 
 35—38, 
 
 pp. 
 211, 212. 
 
 No. 39, 
 p. 212. 
 
 No.~45, 
 p. 213. 
 
 Nos. 
 46, 47, 
 p. 213. 
 
 No. 48, 
 p. 213. 
 
512 
 
 Summary Convictions. 
 
 [part I 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE KOAVS,— continued. 
 
 IV. Offences by Drivers, Owners, &c. — continued. 
 
 ,49. Railway Carts.'] Drawing and passing loaded waggon or cart, built 
 and constructed to be and usually used on any railway or tram- 
 road, on any turnpike road out of and away from such railway or 
 tramroad, for more than 100 yards. 
 
 SO. Owner not having Name on Waggon.'] Owner or proprietor of waggon, 
 &c. using, or allowing same to be used, on any turnpike road 
 without name and description painted thereon. 
 
 51. Painting, or causing to be painted, 
 
 any false or fictitious name or place of abode thereon. [See 
 Offence 60, post, p. 514.] 
 
 52. Not using Skidpans.] Whilst order of trustees of turnpike road .„ 
 
 force for use of skidpans or slippers with waggons or carts going 
 down hill, any person driving, or acting as the driver of, any 
 waggon or cart down any hill with either of the wheels locked, 
 and without using or having such skidpan or slipper at the bottom 
 of such wheel. [A copy of the order must be affixed on all the turn- 
 pikes for thirty days at least before it is in force.] 
 
 63. Having Charge of two Carts.] Acting as the driver of two carts on 
 turnpike road, drawn by one horse each, the horse of the hinder- 
 most cart not being attached by a rein or reins to the back of the 
 foremost cart. [Not to extend to any road within ten miles of London 
 or Westminster.] 
 
 54. Driver under Thirteen Years of Age.] No cart or waggon travelling on 
 any turnpike road shall be driven by any person who shall not be 
 of the full age of thurteen years. 
 
 55. Carriers' Dogs.] Any person having the care of any waggon, &c. 4 Geo. 4, c. 95, 
 conveying goods for hire, sale or reward on turnpike road, not s. 76 
 chaining or fastening dog attending him to such carriage. (Note 266) 
 
 4 Geo. 4, c. 95, 
 
 s. 16 
 
 (Note 266). 
 
 Id. s. 15. 
 
 56. Ridmg upon Waggon without Guide.] Driver of any waggon or cart 
 
 ot any kind riding upon same on turnpike road, not having some 
 other person on foot or on horseback to guide same (light carts 
 usually driven with reins, and conducted by some person holding 
 same, not being more than two horses drawing, excepted), 
 
 57. Negligently causing Damage.] Driver of any carriage whatsoever bv 
 
 negligence or wilful misbehaviour causing any hurt or damage to 
 any person or carriage passing or being upon such road! ^ 
 
 3 Geo. 4, 
 c. 126, s. 126 
 (Note 266). 
 
 Id. s. 130. 
 
 Id. s. 131. 
 
 3 Geo. 4, c. 121 
 s. 132 
 (Note 266). 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TURNPIKE ROADS. 
 
 513 
 
 Time of laying 
 iDformatlon, 
 
 Number 
 and wliat 
 Justices to 
 
 Penalty, &c. 
 and 
 
 If Ap- 
 peal, anc 
 Time 
 
 Penalty, &c. 
 to wliom 
 
 Page, Stc. 
 of 
 
 &c. 
 
 convict. 
 
 Mode of enforcing. 
 
 8tr.' 
 
 payable. 
 
 Formullst. 
 
 49 Conviction 
 
 One 
 
 Owner to forfeit 40s., and the driver 
 
 No 
 
 One moiety 
 
 
 within 
 
 (3 G. 4, 
 
 (not the owner) 205., for each and 
 
 (see 
 
 to inf , and 
 
 
 6 months 
 
 c. 126, 
 
 every time such waggon or cart 
 
 Note 
 
 the other to 
 
 
 (9 Geo. 4, 
 
 s. 143). 
 
 drawn or passed (s. 16) j — reco- 
 
 267)- 
 
 treasurer of 
 
 
 c. 77, S.18, 
 
 
 vered as Offence 48, supra. 
 
 
 commrs. for 
 
 
 Note 268). 
 
 
 
 
 repair of 
 
 road (3 G. 4, 
 
 .;. 126, 
 
 s. 141). 
 
 
 50\ Id. 
 51/ 
 
 Id. 
 
 Not exceeding £5 (4 Geo. 4, c. 95, 
 
 Yes, 
 
 Id. 
 
 Nos. 
 
 
 s. 15) J — recovered as Offence 48, 
 
 if exc. 
 
 
 49, 50, 
 
 
 
 supra, under 3 Geo. 4, s. 126, 
 
 40s. 
 
 
 p. 213. 
 
 
 
 s. 141. ( Vide s. 88 of 4 Geo. 4, 
 
 {Note 
 
 
 
 
 
 ». 95.) 
 
 267). 
 
 
 
 62 Id. 
 
 Id. 
 
 Not exceeding 20*. (s. 126);— reco- 
 
 No 
 
 Id. 
 
 No. 51, 
 
 
 
 vered as Offence 48, supra. 
 
 (see 
 Note 
 
 267). 
 
 
 pp. 
 213, 214. 
 
 53 Id. 
 
 Id. 
 
 Driver to forfeit 2O5. (s. 130) ;— re- 
 covered as Offence 48, supra. 
 
 Id. 
 
 Id. 
 
 No. 52, 
 p. 214. 
 
 54 Id. 
 
 Id. 
 
 Not exceeding 10s., to be paid by 
 the owner (s. 131) [—recovered 
 as Offence 48, supra. 
 
 Id. 
 
 Id. 
 
 No. 53, 
 p. 214. 
 
 55 Id. 
 
 Id. 
 
 Not exceeding 20s. (s. 76);— re- 
 covered under 3 Geo. 4, c. 126, 
 s. 141, as Offence 48, supra. 
 ( Fide s. 88 of 4 Geo. 4, c. 95.) 
 
 Id. 
 
 Id. 
 
 No. 54, 
 p. 214. 
 
 56 \ Id. and 
 
 57/ {Note 
 
 One 
 
 If driver not the owner j not exceed- 
 
 Yes, 
 
 Id. 
 
 Nos. 
 
 (3 G. 4, 
 
 ing 40s. (s. 132);— 
 
 if exc. 
 
 
 56, 57, 
 
 270). 
 
 c. 126, 
 
 If driver the owner, not exceeding 
 
 Os. 
 
 
 p. 214. 
 
 
 s. 143), 
 
 ie5(s. 132); — 
 
 {Note 
 
 
 
 
 or where 
 
 In either case, in default of pay- 
 
 267). 
 
 
 
 
 oflFender 
 
 ment, commitment for not exc. 1 
 
 
 
 
 
 appre- 
 
 cal. m., unless sooner paid (s. 132). 
 
 
 
 
 
 hended 
 
 
 
 
 
 
 (s. 132). 
 
 [Firfe Note 268, <" *» proceedings 
 against owner for the driver's of- 
 fence."] 
 
 
 
 
 o.s. 
 
 Digitized by Microsoft® 
 
 L L 
 
514 
 
 Summary Convictions. 
 
 [part r. 
 
 Ofpences within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE ROADS — continued. 
 
 IV. Offences by Drivers, Owners, &c.— continued. 
 
 58. Quitting Road.'] Quitting the road and going on the other side of the 
 
 hedge or fence inclosing same, 
 or 
 
 59. Being at improper Distance.'] Wilfully being at such distance from 
 
 carriage, or in such a situation whilst passing upon turnpike road 
 that he cannot have the direction and government of the horses, 
 &c. drawing it. 
 
 60. Driving without Owner's Name.] Driving or acting as the driver of 
 
 any coach, postchaise or other carriage let for hire, or waggon, &c. 
 
 not having the owner's name painted thereon as required Ivide 
 
 s. 15 of 4 Geo. 4, c. 95, and Offence 50, ante, p. 512], 
 
 or 
 
 61. Refusing to discover the true Christian and surname of owner, 
 
 or 
 
 62. Not keeping proper Side of Road.] Meeting any other carriage, not 
 
 keeping his carriage on the left or near side of road, 
 or 
 
 63. Preventing Person passing.] Wilfully preventing any person from 
 
 passing him, or any carriage under his care, upon road, 
 or 
 
 64. Hindering any other Carriage.] By negligence or misbehaviour pre- 
 
 venting, hindering or interrupting the free passage of any carriage, 
 or of her Majesty's subjects, on any turnpike road. See Offence 
 71, post, p. 516. 
 
 V. Nuisances and other Offences. 
 
 65. Damaging Bridge, Walls, Sfc. 3 Geo. 4, c. 126.] Wilfully pulling down 
 
 or damaging any bridge, wall or any other building or erection 
 made by trustees or commissioners of turnpike road, or repaired 
 or repairable by them. 
 
 [Mem. Unknown offenders may he detained, s. 140.] 
 
 66. The like, under 4 Geo. 4, u. 95.] Wilfully causing any damage or in- 
 
 jury to be done to any bridge, arch, wall or other building or 
 erection set up or erected by virtue of any act on any part of any 
 turnpike road, or by the side thereof. 
 
 3 Geo. 4, c. 126, 
 s. 132 {Note 
 
 266). 
 
 Id. 
 
 Id. ». 121. 
 
 4 Geo. 4, c. 95, 
 S.72. 
 
 270 Observation on supposed Power to convict on View — Apprehension withotct Warrant— 
 Driver refusing to discover his Name, Sfc] It is generally supposed that a driver, committing 
 any of the offences under sect. 132 of the 3 Geo. 4, c. 126, can be convicted on the "vieui 
 of a justice' ' alone, and frequently so acted upon : but on a careful perusal of the section 
 it will appear that no such power is given, as will be seen by these words of the 132nd 
 section referred to, which after describing certain offences (Nos. 56—64) enacts, that " every 
 such driver so offending in any of the cases aforesaid, and being convicted of any such 
 offence — either by his own confession,— «Ae view of a justice of the peace,— oi by the oath oi 
 one or more credible witness or witnesses, — iefore any justice of the peace of the limit 
 where such off"ence shall be committed, or where such off"ender shall be apprehended, 
 shall tor every such offence forfeit, &c." So that the view of a justice, and by him 
 reported to another, may in such a case be substituted for the usual proof on oath. (Oke'f 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TURNPIKE liOADS. 
 
 515 
 
 Time of laying 
 Information, 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 58 ( Convic- 
 
 59 ition within 
 6 m. (9 Geo. 4, 
 
 0. 77, s. 18, 
 Noles 268. 
 
 270)- 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap. 
 
 peal, and 
 
 Time, 
 
 te. 
 
 60 ) 
 64 S 
 
 Id. 
 
 65 Conviction 
 
 within 6 
 
 months 
 
 (9 Geo. 4, 
 
 c. 77, s. 18). 
 
 66 
 
 Id. 
 
 One 
 
 (3 G. 4, 
 c. 126, 
 8. 143), 
 or where 
 offender 
 appre- 
 hended 
 >. 132). 
 
 Id. 
 
 The like penalty, and imprisonment 
 in default of payment, as Offences 
 60—64, infra. 
 
 One 
 (3G.4, 
 c. 126, 
 s. 143). 
 
 Id. 
 
 ff driver not the owner, not exceed- 
 ing 40s. (s. 132);— 
 
 Tf driver the owner, not exceeding 
 £5(s. 132); — 
 
 In either case, in defaultof payment 
 commitment for not exceeding 1 
 [cal.] month, unless sooner paid 
 (s. 132). 
 
 [Vide Note 268> <" '" *^^ apprehen- 
 sion and detention of unknown of- 
 _fenders, and proceedings against 
 the owner for the driver^s offence.] 
 
 Yes, 
 if exc. 
 
 40.9. 
 (Note 
 
 267)- 
 
 Id. 
 
 Penalty, &Ci 
 to wfiom 
 payable. 
 
 Not exc. 40s. over and ahove the 
 damage occasioned thereby (s. 
 121) ; — levied hy distress ; — if 
 distress insufficient,impr. without 
 bail or mainprize for not exc. 3 
 cal. m., unless sooner paid ^s. 141 ). 
 
 Not exceeding 40s. (s. 72) ; — re- 
 covered as Offence 65, supra, 
 under 3 Geo. 4, c. 126 (vide s. 88 
 of 4 Geo. 4, c. 95). 
 
 One moiety 
 to inf. and 
 the other to 
 treasurer of 
 oommrs. for 
 
 repair of 
 
 road (s. 141 
 
 of 3 Geo. 4, 
 
 c. 126), 
 
 Id. 
 
 No 
 (see 
 Note 
 
 267)- 
 
 Id. 
 
 Page, Stc. 
 
 of 
 Formulist. 
 
 Id. 
 
 Id. 
 
 (s. 72 of 
 
 4 Geo. 4, 
 
 c. 95). 
 
 Nos. 
 58, 59, 
 
 pp. 
 214,215 
 
 Nos. 
 59—64, 
 p. 215. 
 
 No. 67, 
 p. 216. 
 
 No. 68, 
 p. 216. 
 
 Turnpike Laws, p. 403.) The section (132) further provides, that " every driver offending 
 in either of the said cases shall and may, by the authority of this act, with or without any 
 warrant, be apprehended by any person or persons who shall see such offence com- 
 mitted, and shall be conveyed before some justice of the peace, to he dealt with according 
 to law ; — and if any such driver in any of the cases aforesaid shall refuse to discover his 
 name, it shall and may be lawful for the justice of the peace before whom he shall be taken, 
 or to whom any such complaint shall be made, to commit him to the house of correction 
 for any term not exceeding three [calendar, 13 & 14 Vict. c. 21, s. 4] months or to proceed 
 against him for the penalty aforesaid, hy a description of his person and the offence only, 
 without adding any name or designation, but expressing in the proceedings that he refused 
 to discover his name. Fide form of commitment to imprisonment, Oke's "Formulist," 2nd 
 
 edit. p. 216, No. 66 a. Digitized by Microsoft® 
 
 L L 2 
 
516 
 
 Summary Convictions. 
 
 [part : 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE KOABS— continued. 
 
 V. Nuisances and other Offences — continued. 
 
 67. Hauling Timber, Sfc. on Road.'] Hauling or drawing upon any part of 
 
 turnpike road any timber, stone or other thing, otherwise than 
 upon wheeled carriages, 
 or 
 
 68. Suffering Timber to trail.} Suffering any timber, &c. carried princi- 
 
 pally or in part upon wheeled carriages, to drag or trail upon 
 road to the prejudice thereof. 
 
 69. Injuring Surface bi/ Tipslicks, Sfc] Using any tipstick, joggle or other 
 
 instrument for the purpose of retarding the descent of any cart, 
 
 &c. down any hill in such manner as to destroy, injure or disturb 
 
 the surface of road, 
 
 or 
 
 70. Slaughtering Beasts on road.} In or upon road, or side thereof, or any 
 
 exposed situation near thereto, killing, slaughtering, singeing, 
 Scalding, burning, dressing or cutting up any beast, swine, calf, 
 lamb or other cattle. 
 
 71. Obstructing Passengers by projecting Bar, S^c.'] Driving any horse. Sic. 
 
 on road, carrying any iron bar or rod, basket or pannier, or any 
 other matter or thing, placing such bar, &c. so that the same pro- 
 ject more than 30 inches from the side of such horse, &c., or as 
 in any manner to obstruct or impede the passage of any person or 
 any horse, &c. travelling along such turnpike road, 
 or 
 
 72. Encamping or Pitching Stalls, Sfc.} Any hawker, higgler, gipsy or 
 
 other person travelling with any machine, vehicle, cart or other 
 carriage, with or without any horse, mule or ass, pitching any tent, 
 booth, stall or stand, or encamping upon or by the sides of any 
 part of any turnpike road, 
 or 
 
 73. Blacksmiths^ Shops.'] Any blacksmith or other person occupying a 
 
 blacksmith's shop near turnpike road, and having a window front- 
 ing the same, not by good and close shutters every evening, after 
 It becomes twilight, barring and preventing the light from the 
 shop shining into or upon the road. 
 
 74. Making Bonfires or Letting off Fireworks.] Any person making or as- 
 
 sisting in making any fire or fires, commonly called bonfires, 
 or 
 
 75. Setting fire to, or wantonly letting ofi-or throwing any squib, rocket 
 
 serpent, or other firework whatsoever,— within 80 feet of the centre 
 of road (as defined by s. 124, Note 271). 
 
 76. Baiting Bull or playing at Game.] Baiting, or running for the purpose 
 
 of baiting, any bull, ^ 
 
 or 
 
 77. Playing at football, tennis, fives, cricket or any other game, 
 
 Z^r^t^f '.i."' '''^^ *"^°''' "'■ '° ^°y ^'^Posed situation near 
 pereto, to the annoyance of any passenger. 
 
 3 Geo. 4, c. 126 
 s. 121 
 
 {Nou 266). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 is ^oLff^t^rSf'^t'^'^Vi "?""'^ -ini^ad."] By sect. 124, that portion of ground 
 repaired with st^es S or oth.r'' Z""- f "' }'' ^^" maintained L hard roa°d, and 
 diLly preceding:-oa7c^«k^Kpg:7/r.^^^^^^ 
 
CHAP. II.] 
 
 TURNPIKE ROADS. 
 
 517 
 
 Time of laying 
 iDformatioD, 
 
 Number 
 and what 
 Justices to 
 convict. 
 
 67 ) Convic- 
 68 f tion within 
 6 months 
 (9 Geo. 4, 
 c.77,».18> 
 
 69) 
 70 j 
 
 Id. 
 
 711 
 73/ 
 
 Id. 
 
 74 \ 
 75; 
 
 76 J 
 77} 
 
 Id. 
 
 Id. 
 
 One 
 3 G. 4, 
 c. 126, 
 s. 143). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing. 
 
 Not exceeding 40s. over and above 
 the damage occasioned thereby 
 (s. 121); — levied by distress; — if 
 distress insufGcient, imprison- 
 ment without bail or mainprize 
 for not exceeding 3 cal. months, 
 unless sooner paid (s. 141). 
 
 The like. 
 
 If Ap- 
 peal, and 
 Time, 
 Sec. 
 
 No 
 (see 
 Note 
 
 267). 
 
 Id. 
 
 One moiety 
 to inf , and 
 the other to 
 treasury of 
 commrs. for 
 repair of 
 
 road 
 
 (3 Geo. 4, 
 
 c. 126, 
 
 s. 141). 
 
 Id. 
 
 Not exceeding 40s. over and above 
 the damage occasioned thereby 
 (s. 121) ; — levied by distress ;— if 
 distress insufficient, imprison- 
 ment without bail or mainprize 
 for not exceeding 3 cal. months, 
 unless sooner paid (s. 141). 
 
 [Vide Note 268> o* '0 the appre- 
 hension and detention of unknown 
 offenders.^ 
 
 Id. 
 
 The like. 
 
 The like. 
 
 Penalty, &c. 
 to wnom 
 payable. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 69, 70, 
 
 pp. 
 
 216, 217. 
 
 Nos. 
 71, 72, 
 p. 217. 
 
 Page, &e. 
 
 of 
 FormullsL 
 
 Nos. 
 73-75, 
 p. 217. 
 
 Nos. 
 76, 77, 
 p. 217. 
 
 Nos. 
 78-81, 
 p. 218. 
 
 such hard road, where a line being drawn along the road or a point marked, an equal 
 number of feet of hard road, which has been so maintained and repaired as aforesaid for six 
 months before, is found 0l^^J^d^-aUaQf syiili-li ' 
 
518 
 
 Summary Convictions. 
 
 [part I 
 
 OFFENCE8 within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE ROADS — continued. 
 
 V. Nuisances and other Offences — continued. 
 
 78. Leaving Cart, S;c. on Road for unreasonable Time.'\ Any person leaving 
 
 any waggon, cart or other carriage upon road or side thereof, 
 without a proper person in sole care thereof, longer than may be 
 necessary to load or unload same (except in cases of accident), 
 or 
 
 79. Not placing Cart, Sfc. at Side during unloading, Sfc."] Not placing wag 
 
 gon, &c. during the time of loading or unloading, or of taking 
 refreshment, as near to one side of road as conveniently may be, 
 either with or without any horse, &c. harnessed thereto. 
 
 80. Laying Dung, S;c. on.] Laying any timber, stone, hay, straw, dung, 
 
 manure, soil, ashes, rubbish, or other matter or thing upon road, 
 — or the side thereof, — or the footpaths or causeway adjoining, 
 to the prejudice of such roads or footways, — or to the prejudice, 
 annoyance or interruption, or personal danger, of any person 
 travelling thereon, 
 or 
 
 81. Suffering Filth, Sfc. to flow on.] Suffering any water, filth, dirt or other 
 
 offensive matter or thing to run or flow into or upon road or foot 
 paths from any house, building, erection, lands or premises adja- 
 cent thereto. 
 
 82. Swine damaging.] Any person driving any pigs or swine upon road, 
 
 suffering same to root up or damage road, or the fences, hedges, 
 banks or copse on either side thereof, 
 or 
 
 83. Leaving block Stones, ^c.~\ Any person, after having blocked or stopped 
 
 any cart, &c. in going up a hill, causing or suffering to be or re- 
 main on road the stone or other thing with which it was blocked 
 or stopped, 
 
 or 
 
 84. Damaging Lamp Post, ^c] Pulling down, damaging, injuring or de 
 
 stroying any lamp or lamp post put up, erected or placed in or 
 near the side of road or tollhouse, 
 or 
 
 85. Extinguishing the light of any such lamp. 
 
 86. Damaging Table of Tolls.] Any person wilfully pulling down, break- 
 
 ing, injuring or damaging any table of tolls put or fixed at any 
 tollgate or bar, or any part of road. 
 
 3 Geo. 4, 
 c. 126, s. 121 
 {Note266)- 
 
 87. 
 
 89. 
 
 Obliterating Inscriptions, Sfc. thereon.] Wilfully or designedly defacing 
 or obliterating any of the inscriptions, letters, figures or marks 
 thereon. 
 
 Breaking Posts, Fences, ^c] Wilfully pulling up, throwing down, 
 breaking, injuring or damaging any post, rails or fences put up 
 by trustees or commissioners, &c. either by the side of road, or at 
 or near to any pit or quarry used for getting stones, &c. in order 
 to prevent accidents, 
 or 
 
 Obstructing Watercourse by Rubbish, ^c] Any person casting or 
 throwing any earth or rubbish, or other matter or thing, into any 
 drain, ditch, culvert, tunnel or other watercourse made by virtue 
 of any act, so as to obstruct the water from running or draining 
 off* any turnpike road. 
 
 Id. 
 
 Id. 
 
 4 Geo. 4, 
 c. 95, s. 72 
 {Note 266)- 
 
 Id. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TURNPIKE ROADS. 
 
 519 
 
 Time of laying 
 information. 
 
 Number 
 {uid what 
 
 Penally, Sc. 
 and 
 
 if Ap- 
 peal, and 
 Time 
 
 Penalty, Uc. 
 to whom 
 
 Page,^&c 
 
 &c. 
 
 convict. 
 
 Mode of enforcing. 
 
 &c.' 
 
 payable. 
 
 Foi-muiiiiU 
 
 78 \ Convic- 
 79/ tion within 
 
 One 
 
 Not exceeding 40s. over and above 
 
 No 
 
 One moiety 
 
 Nos. 
 
 (3 G. 4, 
 
 the damage occasioned thereby 
 
 (see 
 
 to inf., and 
 
 78—81, 
 
 6 months 
 
 0. 126, 
 
 (s. 121); — levied by distress; — 
 
 Note 
 
 the other to 
 
 p. 218. 
 
 (9 Geo. 4, 
 
 s. 143). 
 
 if distress insufficient, imprison- 
 
 267)- 
 
 treasurer of 
 
 
 C.77, s. 18, 
 
 
 ment without bail or mainprize 
 
 
 commrs. for 
 
 
 Note 268). 
 
 
 for not exceeding 8 calendar 
 months, unless sooner paid (s. 
 141). 
 
 
 repair of 
 
 road (3 G. 4, 
 
 c. 126, 
 
 s. 141). 
 
 
 80 } Id. 
 
 Id. 
 
 Not exceeding 40s. over and above 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 81 } 
 
 
 the damage occasioned thereby 
 (s. 121) ;— levied by distress ;— if 
 distress insufficient, impr. with- 
 out bail or mainprize for any 
 time not exceeding 3 calendar 
 months, unless sooner paid (s. 
 141). 
 [Vide Note 268. as to the appre- 
 hension and detention of unknown 
 offenders.'} 
 
 
 
 82, 83, 
 p. 218. 
 
 82\ Id. 
 85/ 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 
 
 
 84-87, 
 
 
 
 
 
 
 pp. 
 
 
 
 
 
 
 218, 219. 
 
 86 > Id. 
 
 87} 
 
 Id. 
 
 Not exceeding 40s. (s. 72); — re- 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 covered as Offences 80, 81, 
 
 
 (s. 72, 
 
 88, 89, 
 
 
 
 supra, under 3 Geo. 4, c. 126 
 
 
 4 Geo. 4, 
 
 p. 219. 
 
 
 
 {vide s. 88 of 4 Geo. 4, c. 95). 
 
 
 .. 95). 
 
 
 88 \ Id. 
 89/ 
 
 Id. 
 
 Not exceeding 40s. (s. 72); — re- 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 covered under 3 Geo. 4, c. 126, 
 
 
 
 90-91, 
 
 
 
 s. 141, by distress; — if distress 
 
 
 
 p. 219. 
 
 
 
 insufficient, imprisonment with- 
 
 
 
 
 
 
 out bail or mainprize for not ex- 
 
 
 
 
 
 
 ceeding 3 calendar months, un- 
 
 
 
 
 
 
 less sooner paid {vide s. 88 of 
 
 
 
 
 
 
 4 Geo. 4, c. 95). 
 
 
 
 
520 
 
 Summary Convictions. 
 
 [part 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE "ROkT)^— continued. 
 
 V. Nuisances and other Offences — continued. 
 
 90. Scraping, Sfc. without Consent.'] Any person, without being authorized 
 by surveyor, shovelling up, scraping, gathering or carying away 
 any stones, gravel, sand or other materials, slutch dirt, mire, 
 drift or soil from off any footpath or causeway, or any other part 
 of road. 
 
 91. Preventing another passing."] In any manner wilfully preventing 
 
 another person from passing him, or any carriage under his care, 
 upon such road, 
 or 
 
 92. Making Pits within Thirty Feet.] Any person digging, making or 
 
 using any pit for sawing of timber or wood within thirty feet of 
 centre of road (as in Note 271)> unless where inclosed from road 
 by a fence. 
 
 93. Taking away Road Materials,] Taking away any materials gathered, 
 
 &c. for repair of road, or any materials out of any quarry made 
 for getting same, before surveyor, &c. discontinues working for 
 six weeks (except owner or occupier for private use, and not for 
 sale). 
 
 94. Not keeping Ditch, 8;c. clean.] Occupier of land or ground adjoining 
 
 to or lying near road neglecting; after ten days' notice, to open, 
 cleanse and scour ditches, watercourses and drains for water to 
 pass without obstruction. 
 
 95. Not turning or cleansing Watercourses.] Owner or occupier of adjoin- 
 
 ing land neglecting to open, scour or cleanse any watercourse, 
 sink or drain running into, along or out of road, after seven days' 
 notice in writing from surveyor. 
 
 96. Laying Rubbish, ^c] Owner of any filth, dung, ashes, rubbish, or 
 any other matter or thing whatsoever, laid or thrown upon road, 
 or upon any open common or waste land within eighty feet of the 
 centre (as in Note 271)> neglecting to remove same within twelve 
 hours after notice in writing, or in case owner not known, then 
 after like notice affixed for three days on nearest tiurnpike gate, 
 
 i Geo. 4, c. 95 
 s. 72 (,Note 
 
 266)- 
 
 Id. 
 
 3 Geo. 4, 
 c. 126, s. 101 
 {Note266). 
 
 Id. s. 113. 
 
 Id. s. 114. 
 
 Id. 
 
 Digitized by Microsoft® 
 
CHAP. II. J 
 
 TURNPIKE ROADS. 
 
 521 
 
 Time of laying 
 Infonnatlon, 
 
 Number 
 and what 
 Justices to 
 
 Penalty, &c. 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, &c. 
 to whom 
 
 Page,^4c. 
 
 &c 
 
 convict. 
 
 ModeofenfordniT. 
 
 ic. 
 
 payable. 
 
 Formulht. 
 
 90 Conviction 
 
 One (3 
 
 Not exc. 405. (s. 72);— recovered 
 
 No 
 
 One moiety 
 
 No. 92, 
 
 within 6 
 
 Geo. 4, 
 
 under 3 Geo. 4, s. 126, a. 141, by 
 
 (see 
 
 to inf., and 
 
 p. 219. 
 
 months 
 
 c. 126, 
 
 distress ; — if distress insufficient, 
 
 Note 
 
 the other to 
 
 
 (9 Geo. 4, 
 
 s. 143). 
 
 impr. without bail or raaiiiprize 
 
 267). 
 
 treasurer oi 
 
 
 c. 77, s. 18, 
 
 
 for not exc. 3 calendar m., unless 
 
 
 commrs. for 
 
 
 Note 268)- 
 
 
 sooner paid (titde s. 88 of 4 Geo. 4, 
 u. 95). 
 
 [Vide Note 268, «« to the apprehen- 
 sion and detention of unknown of- 
 fenders.^ 
 
 
 repair of 
 
 road (4 
 
 Geo. 4, c. 95, 
 
 ». 72). 
 
 
 91 ? Id. 
 
 92 J 
 
 Id. 
 
 Not exc. 40s. (s. 72); — recovered 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 under 3 Geo. 4, c. 126, o. 141, by 
 
 
 
 93—94, 
 
 
 
 distress ; — if distress insufBicient, 
 
 
 
 p. 220. 
 
 
 
 impr., without bail or mainprize, 
 
 
 
 
 
 
 for not exceeding 3 cal. m., unless 
 
 
 
 
 
 
 sooner paid {vide s. 88 of 4 Geo. 4, 
 
 
 
 
 
 
 c. 95). 
 
 
 
 
 93 Id. 
 
 Id. 
 
 Not exceeding £5 (s. 101); — reco- 
 
 Yes, 
 
 The like 
 
 
 
 
 vered as Offences 91, 92, supra. 
 
 if exc. 
 40s. 
 {Note 
 
 267). 
 
 (3 Geo. 4, 
 c. 126, 
 s. 141 ). 
 
 
 94 Id. 
 
 Id. 
 
 Not exceeding £5 (s. 113) ; — reco- 
 vered as Offences 91, 92, supra. 
 
 Id. 
 
 Id. 
 
 No. 95, 
 p. 220. 
 
 95 Id. 
 
 Id. 
 
 Surveyor may cleanse, &c., and the 
 charges thereof to be settled by 
 any one or more justices, and re- 
 imbursed to surveyor by owner 
 or occupier, and recovered as a 
 penalty. Offending in the like 
 kind after removal of said annoy- 
 ances, to forfeit not exceeding £5 
 (s. 114); — recoverable as Of- 
 fences 91, 92, supra. 
 
 Id. 
 
 Id. 
 
 
 96 Id. 
 
 Id. 
 
 Surveyor to remove, &c. ; — the 
 charges thereof to be settled and 
 recovered, and a like penalty for 
 offending again after removal, as 
 Offence 95, supra. 
 
 Id. 
 
 Id. 
 
 • • 
 
522 
 
 Summary Convictions. 
 
 [part 
 
 Offences within the II & 12 Vict. c. 43. 
 
 TURNPIKE nOADS— continued. 
 
 V. Nuisances and other Offences — continued. 
 
 97. Not cutting Hedges obstructing Road,"] Owner or occupier of land 
 next adjoining road not obeying order of justices for cutting, 
 pruning and trimming hedges, &c. within ten days after such 
 order and notice thereof. 
 
 98. 
 
 99. 
 
 Encroachments — Making Buildings, ^c] Any person making, or 
 causing to he made, any dwellinghouse or other building, or any 
 hedge or other fence on or at the sides of road, in such manner as 
 to reduce the breadth or confine the limits thereof. 
 
 Filling up Ditcfi.^ 
 thereof. 
 
 Filling up, or obstructing, any ditch at the side 
 
 100. Building on Waste.'] Making, or causing to be made, any dwelling- 
 
 house, &e. [as Offence 98] on any common or waste land on side 
 of road within 30 feet, if within 3 miles of a market town, or if 
 beyond that distance, within 25 feet from the middle or centre of 
 road (as in Note 271)j 
 or 
 
 101. Injuring Surface o/.] Making any drain, gutter, sink or watercourse 
 
 across, or otherwise breaking up or injuring the surface of road, or 
 any part thereof, 
 or 
 
 102. Turning Plough on Ground.] Ploughing, harrowing or breaking up 
 
 the soil of land or ground, or in ploughing, &c. adjacent lands, 
 
 turning plough Or harrow in or upon land or ground, within like 
 
 distances (as Offence 100, above), 
 
 or 
 
 103. Making other Encroachments.] Or making any other encroachment 
 
 within like distances (as Offence 100, above). 
 
 104. Damaging Milestones, Direction Posts, S^c] Wilfully breaking, cut- 
 
 ting down, pulling up or damaging any direction posts, stones or 
 boards denoting distance, name of town, parish boundaries, &c. 
 or 
 
 105. Obliterating, defacing, spoiling or destroying all or any of the letters, 
 
 figures or marks inscribed or painted thereon, or on any wall. 
 
 106. Erecting Windmill] Any person erecting or causing to be erected 
 any windmill within 200 yards from any part of any turnpike road. 
 
 3 Geo. 4, 
 c. 126, s. 116 
 {Note 266). 
 
 Id. s. 118. 
 
 Id. 
 
 Id. s. 119. 
 
 Id. s. 127. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 TURNPIKE ROADS. 
 
 523 
 
 lime of laying 
 Information, 
 
 Number 
 and wliat 
 Justices to 
 
 Penalty, Sec. 
 and 
 
 IfAp. 
 
 peal, and 
 
 Tlic, 
 
 &c. 
 
 Penalty, Sec 
 to wnom 
 
 Page, &c. 
 of 
 
 &c. 
 
 convict. 
 
 Mode of enforcing. 
 
 payable. 
 
 Foi-mullst. 
 
 97 Convic- 
 
 One 
 
 Forfeit 2s. for every 24 feet in length 
 
 No 
 
 One moiety 
 
 
 tion 
 
 (3G.4, 
 
 of such hedge neglected to be cut, 
 
 (see 
 
 to inf., and 
 
 
 within 
 
 c. 126, 
 
 &c., and 2d. for every tree, bush 
 
 Note 
 
 the other to 
 
 
 6 months 
 
 s. 143). 
 
 or shrub directed to be cut down, 
 
 267). 
 
 treasurer of 
 
 
 (9 Geo. 4, 
 
 
 &c. Surveyor to cut hedges, &c. 
 
 
 commrs. for 
 
 
 c. 77, s. 18, 
 
 
 and expenses of doing so reco- 
 
 
 repair of 
 
 
 Note 268)- 
 
 
 vered with the penalty (s. 116), 
 as Offences 98, 99, infra. 
 
 
 road (3 G. 4, 
 c. 126, 
 s. 141). 
 
 
 98 \ Id. 
 
 99/ 
 
 Id. 
 
 Forfeit 405. ; — to be recovered, with 
 
 Id. 
 
 Penalty to 
 
 Nos. 
 
 
 the expenses of removing en- 
 
 
 informer, 
 
 96, 97, 
 
 
 
 croachment, &c., by distress (s. 
 
 
 (s. 118). 
 
 p. 220. 
 
 
 
 118) ; — if distress insufficient. 
 
 
 
 
 
 
 imprisonment for not exceeding 
 
 
 
 
 
 
 3 calendar months, unless sooner 
 
 
 
 
 
 
 paid(s. 141). 
 
 
 
 
 100 J Id. 
 103 ] 
 
 Id. 
 
 Forfeit 405. ; — to be recovered, with 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 the . expenses of removing en- 
 
 
 
 98-101, 
 
 
 
 croachment, &c., by distress (s 
 
 
 
 pp. 
 
 
 
 1 18) i —if distress insufficient, im- 
 
 
 
 220, 221. 
 
 
 
 prisonment, without bail or main- 
 
 
 
 
 
 
 prize, for not exceeding 3 cal. m., 
 
 
 
 
 
 
 unless sooner paid (s. 141 ). 
 
 
 
 
 104 J Id. 
 
 Id. 
 
 Not exceeding £10 (s. 119);— re- 
 
 Yes, 
 
 One moiety 
 
 Nos. 
 
 105 ] 
 
 
 covered as Offences 100—103, 
 
 if exc. 
 
 to inf., and 
 
 102, 103, 
 
 
 
 supra. 
 
 405. 
 
 (Note 
 
 the other 
 moiety to 
 
 p. 221. 
 
 
 
 [Vide Note 268. <^ to the appre- 
 
 267). 
 
 treasurer of 
 
 
 
 
 hension and detention of unknown 
 
 
 commrs. for 
 
 
 
 
 offenders.'] 
 
 
 repair of 
 
 road (s. 141 
 
 of 3 Geo. 4, 
 
 c. 126). 
 
 
 106 Id. 
 
 Id. 
 
 £5 for every day windmill continues 
 (s. 127);— recovered as Offences 
 
 Id. 
 
 Id. 
 
 No. 104, 
 p. 221. 
 
 
 
 100—103, supra. 
 
 
 
 
 
 [Mem. If penalties exceed £20 they 
 
 
 
 
 
 
 are recoverable by action only (s. 
 
 
 
 
 
 
 143).] 
 
 
 
 
 Digitized by Microsoft® 
 
524 
 
 Summary Convictions. 
 
 [part ] 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 TURNPIKE 'KOM)&— continued. 
 
 V. Nuisances and other Offences — continued. 
 
 107. Poundbreach, <§-c,] Releasing, — or attempting to release, — any cow, 
 horse, ass, swine, or other live stock or cattle, seized for the pur- 
 pose of being impounded, under the authority of this act, from the 
 pound or place where impounded {Note 272). 
 
 108. Pulling down, damaging or destroying the same pound or place, or 
 
 any part thereof, or any lock or bolt belonging thereto, or with 
 which the same is fastened. 
 
 109. Rescuing before Distress discharged.'] Rescuing or releasing, — or 
 
 attempting to rescue or release, — any distress or levy made under 
 the authority of this act, until or before such cow, &c. seized or 
 impounded, or such distress or levy made, be discharged by due 
 course of law. 
 
 110. Gates opening outwards.'] Occupier of any building, park, paddock, 
 
 field or inclosure, having any door or gate opening outwards on 
 any turnpike road, or footpath belonging thereto, neglecting, 
 within 14 days after notice from surveyor, to hang same so that no 
 part when open projects over any part of road or footpath. 
 
 111. Hindering or rescuing Goods distrained.] Hindering or making any 
 
 rescue of cattle or other goods distrained by virtue of this act. 
 
 112. Resisting Collectors, Sfc] Resisting or making forcible opposition 
 
 against any person employed in the due execution of this or any 
 particular act for amending road, 
 or 
 
 113. Assaulting any surveyor or collector of tolls in the execution of his 
 
 office. 
 
 VACCINATION. 
 
 1. Producing Small Pox.] Any person producing, — or attempting to pro- 
 duce, — in any person, by inoculation with variolous matter, or 
 by wilful exposure to variolous matter, — or to any matter, article 
 or thing impregnated with variolous matter, the disease of small 
 pox, 
 
 or 
 
 2. Wilfully by any other means whatsoever producing the 
 pox in any person. 
 
 disease of small 
 
 . 3 Geo. 4, 
 c. 126, s. 123 
 {Note 266). 
 
 Id. 
 
 Id. 
 
 Id. o. 125. 
 
 Id. s. 139. 
 
 3 8e 4 Vict. 
 c. 29, ». 8, 
 
 272 What can be impounded, and when,] This 123rd section does not protect cattle de 
 pasturing with a keeper, like the 74th section of the Highway Act, 5 & 6 Will. 4, c. 50 
 for the clause s. 75 of 4 Geo. 4, c. 95, enacts, that " if any horse, ass, sheep, swine, or olhe 
 beast or cattle of any kind'shaW at any time be found tethered, or wandering, straying o 
 lying about any turnpike road, or any part thereof (except on such parts of any road a 
 lead or pass through or over any common or waste or uninclosed ground),— it shall au 
 may be lawful for the surveyor of the road where the same shall be found, or any othe 
 person or persons whomsoever, toiy^if^g^^^iff^g^t^^f^c." See Offence 65, and Note 139 
 
CHAP. ii.J . TURNPIKE fiOADS-VACClNATION. 
 
 525 
 
 Time of laying 
 
 iDfonnatloD, 
 
 &c. 
 
 107 Conviction 
 within 6 m 
 (9 Geo. 4, 
 c. 77, s. 18 
 Noie2G8)- 
 
 108 Id. 
 
 109 Id. 
 
 110 Id. 
 
 Number 
 
 anil what 
 
 Justices to 
 
 convict. 
 
 One 
 (3 G. 4, 
 126, 
 143). 
 
 Id. 
 
 Penalty. &c. 
 
 anfl 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 ic. 
 
 Ill ^ Id. 
 113 S 
 
 1\ Within 
 2/ 6 cal. m. 
 (11 & 12 Vict, 
 c. 43, s. 11). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Commitment to gaol or house of 
 correction for not exceeding 
 calendar months (s. 123). 
 
 The like imprisonment. 
 
 The like imprisonment. 
 
 Surveyor to hang same as directed 
 by the act, and person guilty of 
 such neglect to pay to surveyor 
 the expenses of altering gate, &c. 
 and also forfeit not exceeding 40s. 
 (s. 135); — recovered as Offences 
 111—113, ijifra. 
 
 Notexc. £10 (s. 139)!— levied hy 
 distress ;■ — if distress insufficient, 
 imprisonment, without bail or 
 mainprize, for not exceeding 
 calendar months, unless sooner 
 paid (s. 141). 
 
 No 
 (see 
 Note 
 
 267). 
 
 Two or 
 
 more, 
 
 in petty 
 
 sessions. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Yes, 
 
 ifexc. 
 
 405. 
 
 (Note 
 
 267). 
 
 For every such offence to be im 
 prisoned in the common gaol or 
 house of correction for any term 
 not exceeding one [calendar 13 
 & 14 Vict c. 21, s. 4] month 
 (s. 8). 
 
 No. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Page, &c 
 
 of 
 Formulisl. 
 
 Noa. 
 
 107, 108, 
 
 p. 222. 
 
 No. 109, 
 p. 222. 
 
 No. 110, 
 p. 222. 
 
 Pen. one 
 
 moiety to 
 
 inf. and the 
 
 other 
 
 moiety to 
 treasurer of 
 commrs. for 
 
 repair of 
 road(s.l41). 
 
 Id. 
 
 Nos. 
 
 112— 
 
 114, 
 
 p. 223. 
 
 Nos. 
 
 1,2, 
 
 p. 223. 
 
 thereto, ante, p. 337, for observations on act). It will also be observed, that s. 123 of 3 
 Geo. 4, c. 126, does not expressly make it an offence to rescue, &c. " in the way to or from 
 the pound ;" it is therefore questionable whether such an offence is punishable under this 
 section. It has been said that it is ; because, if otherwise, the words " seized for the pur- 
 pose of being impounded," have no meaning; for these words are not necessary to the de- 
 scription of the offence of rescuing from the pound ; and that the word " or" may be read 
 as placed before the words " from the pound or place," &c., so as to make the sentence 
 complete and applicable to both offences." 
 
 Digitized by Microsoft® 
 
526 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 VACCINATION— ccnimuerf. 
 
 3. Father or mother of a child, — or the person having the care, nurture 
 
 or custody of a child, — not causing child to be vaccinated after 
 
 notice from the Registrar of Births and Deaths of the sub-district 
 
 [within four months after the birth (see s. 2)], 
 
 or 
 
 4. Not, on the eighth day after the vaccination has been performed, 
 
 taking, or causing to be taken such child for inspection [by the 
 medical practitioner by whom the operation was performed (see 
 s. 3)]. 
 
 VAGRANTS {Note 273). 
 
 I. Idle and Disorderly Persons, p. 526. 
 II. Rogues and Vagabonds, p. 530. 
 III. Incorrigible Rogues, p. 536. 
 
 I. Idle and Disorderly Persons {Note 273a)- 
 
 1. Neglecting to maintain Family.'] Any person being able wholly or in 
 part to maintain himself or herself, or his or her family, 
 [or a woman her bastard child, 7 & 8 Vict. c. 101, s. 6,] 
 by work or other means, and wilfully refusing or neglecting so to 
 do, by which refusal or neglect he or she, or any of his or her 
 family 
 
 [or such bastard child], 
 whom he or she may be legally bound to maintain, shall have 
 become chargeable to any parish, township or place [or to the 
 common fund of any union, 12 & 13 Vict. c. 103, s. 3] {Notes 274. 
 277. post, p. 532). 
 
 16 & 17 Vict 
 c. 100, ». 9. 
 
 5 Geo. 4, 
 t. 83, s. 3. 
 
 273 Detention of Juvenile Offenders in Industrial Schools.'] By the " Industrial Schools 
 Act, 1857" (20 & 21 Vict. c. 48), children who are above the age of seven years and under 
 the age of fourteen, committing any act of vagrancy under any local or general act [the act 
 in this title, 5 Geo. 4, c. 83, is the one here intended], may, without being previously im- 
 prisoned for such offence, be sent by two justices to a certified industrial school, the 
 managers thereof being willing to receive him, for such period as the justices think neces- 
 sary (determinable, however, at the age of fifteen, and under other circumstances provided 
 for in the act), there to be " detained, educated and trained j" and the parent can be com- 
 pelled, if able, to contribute a weekly sum not exceeding three shillings towards the cost 
 of the child's maintenance while therein. There are various other provisions which are 
 set out in extenso with the forms under title " Industrial Schools," in Part III. of this Worlt. 
 Likewise, under the Reformatory Schools Acts, offenders who are under the age of sixteen 
 years and who commit offences against this act of 5 Geo. 4, c. 83, as well as other statutes, 
 and are sentenced to imprisonment for fourteen days at the least, may be sent by the con- 
 victing justices (two or more), at the expiration of the sentence, to a reformatory school 
 certified under another act, the 17 & 18 Vict. c. 86, the managers of the school being 
 willing to receive him, there to be detained for not less than two nor more than five years, 
 and the parent compelled, if able, to contribute to his child's maintenance therein, not 
 exceeding five shillings per week. The provisions of the Reformatory School Acts are set 
 out ante, pp. 157 — 165. 
 
 273 a Conviction on View of Idle and Disorderly Persons.] These persons may be con- 
 victed before a justice by his own view (5 Geo. 4, c. 83, s. 3). Vide Form of Conviction, 
 No- 42, p. 40, and No. 8, p. 225, Oka's " Formulist," 2nd edit. 
 
 274 fVife a Lunatic— Wife Living in Adultery— Liability of Husbands, Fathers mi 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 VACCINATION— VAGRANTS. 
 
 527 
 
 Time of laying 
 InforniatioQ. 
 
 Number 
 and what 
 
 JiisH(.pe tn 
 
 Penalty, &c. 
 
 ifAp- 
 
 peai, and 
 
 Time, 
 
 Penalty, &c. 
 to whom 
 
 Page.&c. 
 
 &c. 
 
 •1 uaui.ca in 
 
 convict. 
 
 Mode of enforcing. 
 
 &c. 
 
 payable. 
 
 Formullfit. 
 
 3\ Within 
 4 J 6 cal. m. 
 
 Two 
 
 Not exc. 20s. (s. 9); — recovered 
 
 No. 
 
 Treasurer 
 
 No. 4, 
 
 (s. 12). 
 
 under the 11 & 12 Vict. s. 43 
 
 
 of county, 
 
 p. 223. 
 
 (11 & 12 Vict. 
 
 
 (s. 12-i. e. by distress (11 & 12 
 
 
 &c. not 
 
 
 c. 43, s. 11). 
 
 
 Vict t. 43, 5. 19, ante, p. 175) ;— 
 and in default, imprisonment for 
 
 
 being ap- 
 plied by the 
 
 
 
 
 not exceeding 3 calendar months, 
 
 
 act (see 
 
 No. 5, 
 
 
 
 unless sooner paid (Id. s.22 ; see 
 
 
 ante, 
 
 p. 224. 
 
 
 
 ante, p. 179). 
 
 
 p. 190). 
 
 
 1 On oath, 
 
 One. 
 
 \st Offence. Imprisonment for not 
 
 Yes 
 
 
 No. 1, 
 
 and within 
 
 
 exceeding 1 calendar month, with 
 
 (s. 14, 
 
 
 p. 224. 
 
 6 cal. m. 
 
 
 hard labour (s. 3). 
 
 Note 
 
 
 
 (11 & 12 Vict. 
 
 
 2nd Offence. A rogue and vaga- 
 
 278, 
 
 
 Special 
 
 C.43, s. 11, 
 
 
 bond; — imprisonment and hard 
 
 post. 
 
 
 Commit- 
 
 Notes 
 
 
 labour for not exceeding 3 cal. 
 
 p. 532). 
 
 
 ment, 
 
 275. 276, 
 
 
 months (see Offence 8). 
 
 
 
 No. 10, 
 
 post, 
 
 
 3rd Offence. An incorrigible rogue ; 
 
 
 
 p. 226. 
 
 pp. 529, 530). 
 
 
 — impr. till the next general or 
 quarter sessions (see Offences 26 
 —28, p. 536). 
 
 
 
 
 
 1 [See over.'] 
 
 
 
 
 Widouis.l If the wife becomes chargeable on account of her lunacy, the husband is not 
 punishable under this clause, 5 Geo. 4, u. 83, s. 3, but an order of maintenance may be 
 made upon him (13 & 14 Vict. c. 105, s. 5, see tit. "Poor," Chap. 2, of Part III. post). 
 Neither does the act apply to the husband who offers to maintain his wife if she will live 
 with him, although his illusage is such as to make it unreasonable that she should con- 
 tinue to do so. That has been decided in the case of Flannagan v. Overseers of Bishop 
 Wearmouth (27 L. J. (N. S.) M. C. 46 ; 3 Jur. (N. S.) Q. B. 1103 ; 30 Law T. 117 ; 21 J. P. 
 725, Michas. 1857), the first case determined under the 20 & 21 Vict. c. 43. In that case, 
 the appellant was convicted under this section for wilfully refusing to maintain his wife,' 
 and it appeared that he had been summoned on a similar charge a few weeks previous to 
 the hearing of this charge, and had then paid Is. and costs, and undertaken to provide his 
 wife with 125. a week. He had not paid anything, and she had thereupon applied for relief, 
 which had been granted to her. She lived with her mother separate from her husband' 
 who offered at the hearing to maintain her if she would come to live with him, but she xe- 
 fused on the ground of his previous cruelty: the justices were satisfied that the appellant 
 was able to support his wife, and that he had been guilty of the illusage complained of, and 
 convicted him. In quashing that conviction. Lord Campbell, C. J., said (21 J. P. 725) 
 " assume that there was such illusage on the part of the husband, that the wife would have 
 been entitled to have obtained a divorce d memi et thoro, and also that the husband would 
 be liable for any necessaries supplied to his wife by a third party, still, as there has been 
 no judicial separation, all the rights and liabilities of the marriage tie exist in full force • 
 and as long as the wife refuses to live with her husband, he cannot be said to have wilfully refused 
 to maintain her. This is an attempt to enforce a separate maintenance, on the ground of the 
 Illusage of the husband, but such attempt cannot succeed under the 5 Geo 4 u 83 " 
 
 Digitized by Microsoft® 
 
528 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 VAGRANTS— con^nwed. 
 
 I. Idle and Disorderly Persons — continued. 
 
 2. Returning after Removal by Order. ~\ Returning to and becoming charge- 
 
 able to any parish, Sic, from whence legally removed by order of 
 two justices, unless producing certificate of the churchwardens 
 and overseers of some other parish^ &c. thereby acknowledging 
 him to be settled there. [See 7 & 8 Vict. c. 101, s. 55, as to 
 becoming chargeable to an asylum, and R. v. Fillongley, 2 T. R. 
 709 ; Mann v. Danvers, 3 B. & A. 103 ; Rex v. Barham, 8 B. & C. 
 89.] 
 
 Or 
 
 3. Trading without a Licence.^ Any petty chapman or pedlar wandering 
 
 abroad and trading without being duly licensed, or otherwise 
 authorized by law, 
 or 
 
 4. Prostitutes behaving Indecently."] Any common prostitute wandering 
 
 in the public streets or highways, — or in any place of public 
 resort, — and behaving in a riotous or indecent manner, 
 or 
 
 5. Begging Alms.] Wandering abroad— or placing himself in any public 
 
 place, street, highway, court or passage — to beg or gather alms, 
 or 
 
 6. Causing — or procuring— or encouraging— any child so to do, 
 
 or 
 
 7. Persons applying for relief at any workhouse, — or to a relieving officer 
 
 or overseer, — having at the time of such application in his posses- 
 sion and under his immediate control any money or other property, 
 of which, on inquiry, he shall not make correct and complete 
 disclosure [to be deemed an idle and disorderly person]. 
 
 [Resisting apprehension, see Offence 25, post, p. 534.] 
 
 5 Geo. 4, c. 83, 
 
 11 & 12 Vict 
 ii.llO,s.lO. 
 
 Coleridge, J., and Wightman, J., concurred (see article thereon, 21 J. P. 721). So, like- 
 wise, the act does not extend to the case of a man whose wife has left him and committed 
 adultery, and even although he himself may have been guilty of adultery since she left him 
 {R. V. Flinton, 1 B. & Ad. 227), or even previous to the vrife's adultery {Gower v. Hancocli, 
 a T. Rep. 603) ; and this defence must be supported by the usual legal evidence, but the 
 wife cannot be examined ; but if the husband cohabited with his wife after the adultery by 
 her, and with notice of the fact, her previous adultery would be no defence to a complaint 
 against him for a subsequent neglect or refusal to maintain her (see Norton v. Fazm, 1 Bos. 
 & P. 226 ; Harris v. Morris, 4 Esp. 41). In Dance v. Dance, 1 Hagg. 794, the court said, 
 that sleeping in separate beds in the same house did not amount to condonation (as for- 
 giveness is termed in the Ecclesiastical Courts), and that there must be something of a 
 matrimonial intercourse presumed in order to found it. It is also clear, that providing a 
 wife with money, which is charity only, is not condonation (see Stone's Manual, 6th edit, 
 p. 342). In regard to the liability of husbands, fathers and widows, the enactments are as 
 follows : 4 & 5 Will. 4, c. 76, s. 56, that all relief given on account of the wife, or of any 
 children under the age of sixteen, not being blind, nor deaf and dumb, shall be considered 
 as given to the husband or the father, as the case may be ; but this is not to discharge the 
 father or grandfather, mother or grandmother of any poor child, from their liability to main- 
 tain such child under the 43 Eliz. c. 2 ;— 4 & 5 Will. 4, t. 76, s. 57, every man, who, after 
 the 14th of August, 1834, shall marry any woman having a child or children at the time 
 Digitized by Microsoft® 
 
CHAP, II.] 
 
 Time of laying 
 InrormatioD, 
 
 VAGRANTS. 
 
 529 
 
 Number 
 and what 
 Justices to 
 
 convict. 
 
 }0n oath, 
 and within I 
 6 cal.m. 
 (11 & 12 Vict. 
 0.43,6.11, 
 Notes 
 
 275. 276). 
 
 Penalty, ice, 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 [See Offence No. 1 for Punishment.'] 
 
 One. [Mem. Forfeiture of Money, and Yes 
 Sale of Effects of Offender, (s. 14, 
 Justice may order offender to be Note 
 searched and packages inspected in 278i 
 his presence^ and any money then post, 
 found upon or in the possession of p. 532) 
 any offender may he applied towards 
 the expenses qf apprehending, con- 
 veying to the house of correction, 
 and maintaining him therein; — and 
 if money suffcient for these pur- 
 poses he not found, the justice may 
 order his effects [any horse, Sfc. or 
 cart, Sec. or goods in his possession 
 or use] to be sold and so applied, 
 and the overplus to he returned to 
 the offender (s. 8). Vide Forms of 
 Order, Oke*s " Formulist," Nos. 13 
 and 13o, pp. Ill, 228, Ind ed. 
 The produce of the goods should be 
 apportioned among the items spe- 
 cified in the section, if there he not 
 sufficient to pay them in full. 
 Costs of Conviction. The costs of 
 conviction, not being mentioned in 
 the 8th section, may he recovered in 
 the usual way, by distress under s. 
 24 o/ 11 4- 12 Vict. c. 43, ante, p. 
 1 70, whether a forfeiture 'of goods 
 takes place or not, and it is appre- 
 hended have priority over the other 
 expenses, and in default of distress 
 the additional month's imprisonment 
 for such costs may be adjudged.'] 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Page, &c 
 
 of 
 Formulist. 
 
 Nob. 
 
 2-7, 
 
 pp. 
 
 224, 225. 
 
 Special 
 commit- 
 ment. 
 No. 10, 
 p. 226. 
 
 of such marriage (whether legitimate or illegitimate) is liable to maintain such child or 
 children as part of his family, until the age of sixteen, or the death of the mother ; and, 
 consequently, is punishable under this section for neglecting to do so (20 J. P. 364) ; — 4 
 & 5 Will. 4, c. 76, s. 56, enacts, with respect to widows, that any relief given on account of 
 any child, under the age of sixteen, of any widow, is to be considered as given to such 
 widow ; and by s. 71, any illegitimate child born after the 14th of August, 1834, is to be 
 maintained by the mother so long as she shall be unmarried, or a widow, as part of her 
 family, until the age of sixteen, or the earlier marriage of such child if a female ; hut a 
 widow is not bound by law to support the children of her deceased husband hy a former 
 marriage (S. Stone's Manual, 6th edit., p. 342). See Note 277> as to evidence of 
 chargeability. 
 
 275 .Apprehension of Offenders — Search Warrant, Sfc."] Any person may apprehend, 
 without warrant, any one found offending against this act, and convey him before a justice, 
 or deliver him to a peace officer for that purpose, together with any horse, &c. or goods, 
 &c. in his possession or use (s. 5). A penalty is imposed on constables refusing' to take 
 offender into custody, or on any person hindering constables in the execution of the act 
 (ss. 6, 8, 11). See tit. "Constables," ante, p. 266, Offences 6—8. A justice may also 
 grant a warrant to enter lodging houses, and apprehend persons harboured or concealed 
 therein (,s. 13). Vide Forms, Nos. 11, 12, Oke's " Formulist," 2nd edit, p. 227. 
 
 0.8. M M 
 
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530 
 
 Summary Convictions. 
 
 [part I, 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 VAGRANTS— conWnited. 
 
 II. Rogues and Vagabonds. 
 
 8. Second Conmctitm as an Idle and Disorderly Person.'] Any person com 
 
 jnitting any of the offences before mentioned (Nos. 1 to 7), after 
 having been convicted as an idle and disorderly person [including 
 the mother of bastard child, 7 & 8 Vict. c. 101, s. 6] (Note 279)- 
 
 9. Fortune tellers.'] Any person pretending or professing to tell fortunes, 
 
 or 
 
 10. Using any subtle craft, means or device, by palmistry or otherwise, 
 
 to deceive and impose on any of her Majesty's subjects. 
 
 11. Lodging in Outhouses, ^c] Wandering abroad and lodging in any 
 
 barn or outhouse, — or in any deserted or unoccupied building, — 
 or in the open air, — or under a tent, — or in any cart or waggon, — 
 not having any visible means of subsistence, and not giving a 
 good account of himseLf. 
 
 12. Indecent Exhihitions.] Wilfully exposing to view in any street, road 
 
 highway or public place, 
 [or 
 
 13. In the window or other part of any shop or other building situate in 
 
 any street, road, highway or public place, 1 & 2 Vict. c. 38, s. 2] 
 any obscene print, picture or other indecent exhibition (see 
 Reg. v.Dugdale, 22 L.J. (N. S.), U. C. 50; 17 J. P. 182). 
 
 14. Exposing Person.] Wilfully, openly, lewdly and obscenely exposing 
 
 his person in any street, road or public highway, — or in the view 
 thereof, — or in any place of public resort {Nates 28L 283), — 
 with intent to insult any female. 
 
 15. Exposing (Pounds.] Wandering abroad, and endeavouring, by the 
 
 exposure of wounds or deformities, to obtain or gather alms. 
 
 16. Collecting Alms under fraudulent Pretence.] Going about as a gatherer 
 
 or collector of alms,— or endeavouring to procure charitable con- 
 tributions of any nature or kind, — under any false or fraudulent 
 pretence. 
 
 17. Running away, leaving Family chargeable.] Running away and leaving 
 
 his wife or his or her child or children chargeable, — or whereby 
 she or they,- or any of them, shall become chargeable, — to any 
 parish, township or place — [or to any union, 12 & 13 Vict. c. 103, 
 s. 3]. (See Nixon v. Nanny, 1 Q. B. 747 i Note 274i and see Notes 
 276 and 280) 
 
 18. Bastards.] Woman deserting her bastard child, whereby it becomes 
 
 chargeable (7 & 8 Vict. c. 101, s. 6). 
 
 19. Gaming.] Playing, or betting in any street, road, highway — or other 
 
 open and public place, — at or with any table or instrument of gaming 
 at any game or pretended game of chance (see Note 281)- 
 
 5 Geo. 4, t. 
 
 B. 4. 
 
 276 Who to prosecute for Offences in relation to Parishes in Unions ; uihxre Offence com- 
 muted.] For these offenees the Poor Law Board have given their opinion thatthe? &8 Vict. 
 c. 101, s. 59, by giving to the guardians express power to defray the expenses of such prose- 
 cutions, and to charge them (if so directed by the board) on the common fund of the union, 
 
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CHAP. II.J 
 
 VAGRANTS. 
 
 531 
 
 Time of laying 
 luformatioD, 
 
 .5} 
 
 Number 
 and what 
 JuRtices to 
 
 COQvict. 
 
 On oath, 
 
 and within 
 
 6 cal. m. 
 
 (11 & 12 Vict 
 
 C.43, s. 11, 
 
 Notes 275, 
 
 276). 
 
 One. 
 
 Penaityj, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Imprisonment for not exceeding 
 three calendar months and hard 
 labour (s. 4), 
 
 Subsequent covviction. An incorri 
 gible rogue; — imprisonment till 
 the next general or quarter ses- 
 sions (see Offences 26 — 28, post, 
 p. 537). 
 
 [Mem. Forfeiture of Money, and 
 Sale of Effects of Offender. Jus 
 tice may order offender to be searched, 
 and packages inspected in Ms pre 
 sence, and any money then found 
 upon or in the possession of any of- 
 fender may be applied towards the 
 expenses of apprehending , conveying 
 to the house of correction and main- 
 taining him therein ; — and if money 
 sufficient for these purposes be not 
 found J the justice may order his ef- 
 fects \_any hvrse, 8fc. or cart, 8^c. or 
 goods in his possession or use] to be 
 sold and So applied, and the overplus 
 to be returned to the offender (s. 8). 
 Yide forms of order, Oke's "Formu 
 Hstj" 2nd ed. pp. 227, 228, Nos. 13 
 and 13 a. The produce of the goods 
 should be apportioned amongst the, 
 items specified in the section, if 
 there be not sufficient to pay them 
 in full. 
 
 Costs of Conviction. The costs of 
 conviction, not being mentioned in 
 the Sth section, may be recovered in 
 the Usual way by distress, under 
 s. 24 of 11 Sf 12 Vict, c. 43, ante, 
 p. 170, whether a forfeiture of goods 
 takes place or not, and it is appre 
 hended have priority over the other 
 expenses, and in default of distress 
 the additional month^ s imprisonment 
 for such costs may be a^udged*^ 
 
 peal, and 
 Time, 
 
 &C. 
 
 Yes 
 
 (s. 14, 
 Note 
 37,8). 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Nos. 
 
 14-24, 
 
 pp.228— 
 
 280. 
 
 Special 
 commit- 
 ment, 
 No. 10, 
 p. 226. 
 
 Page, &c 
 of 
 
 Formulist. 
 
 has made it especially the prbvinoe of the guardians to institute and direct the proceedings 
 (13 J. P. 319) ; but there ia nothing in the Vagrant Act to restrict any other person from 
 prosecuting an offender. Vide Note 205, tit. " Poor," ante, ^. 442. The offence is com- 
 mitted where the neglect or refusal to maintain takes place (16 J. P, 735) or to which the 
 
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 Irosoft® 
 
532 Summary Convictions. [part i. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 VAGRANTS— COM ^JMued. 
 
 II. Rogues and Vagabonds — continued. 
 
 20. Having Picklocks, 8[c. with Intent, S;c.'\ Any person having in his or 
 
 her custody or possession [qutsre, at time of apprehension, R. v 
 Brown, 8 T. R. 26], any picklock, key, crow, jack, bit or other 
 implement, with intent feloniously* to break into any dwelling- 
 house, warehouse, coachhouse, stable or outbuilding (see also 14 
 & 15 Vict. c. 19, s. 1, indictable in Part II.), 
 or 
 
 21. Being armed with any gun, pistol, hanger, cutlass, bludgeon or other 
 
 offensive weapon, 
 or 
 
 22. Having upon him or her any instrument, 
 
 with intent to commit any felonious act 
 
 5 Geo. 4, c. 
 s. 4. 
 
 parties become actually chargeable (16 J. P. 781) by the receipt of relief (IfeaWj v. Heap, 
 26 L. J. (N. S.) M. C. 49 ! I H. & N. 478 ; 20 J. P. 760). 
 
 277 Evidence of chargeabiliiy of Paupers.~\ The certificate of the board of guardians in 
 the form prescribed by the 7 8: 8 Vict. c. 101, shall be received in evidence, within twenty- 
 one days from the date, as sufficient evidence of the chargeability of the person named 
 therein, unless the contrary be shown (11 & 12 Vict. c. 110, s. 11), but other evidence may 
 he given of the fact of relief received, and it is not sufficient that the chargeability is merely 
 imminent, and that actual chargeability subsequently ensues (Heath v. Heap, supra, Note 
 276)- There need not be chargeability at the time of preferring the complaint or at the 
 hearing for Offence No. 1 (See 16 J. P. 735). 
 
 278 Appeal.'] By 5 Geo. 4, c. 83, s. 14, — " any person aggrieved by any act or deter- 
 mination of any justice or justices of the peace out of sessions, in or concerning the 
 execution of this act, may appeal to the next general or quarter sessions for the county, 
 Sic, — giving to the justice or justices, whose act or determination shall be appealed 
 against, notice in writing of such appeal, and of the ground thereof, within seven days after 
 such act or determination, and before the next general or quarter sessions, — and entering 
 within such seven days into a recognizance, with sufficient surety, before a justice of the 
 peace for the county or place in which such person shall have been convicted personally 
 to appear and prosecute such appeal ; — and upon such notice being given, and such 
 recognizance being entered into, such justice is hereby empowered to discharge such 
 person out of custody ; — and the court at such general or quarter sessions shall hear and 
 determine the matter of such appeal, and shall make, such order therein as shall to the 
 said court seem meet, — and in case of the dismissal of the appeal, or the affirmance of the 
 conviction, shall issue the necessary process for the apprehension and punishment of the 
 offender, according to the conviction." See Note 285i post, P- 536, as to binding 
 witnesses over to give evidence on the appeal at quarter sessions. By 1 & 2 Vict 
 c. 38, 8. 1, should the appellant not personally appear and prosecute such appeal, 
 according to the recognizance entered into on such appeal, it shall be lawful for the 
 justices assembled at such general or quarter sessions, or for any justice for the county or 
 place in which such person shall have been convicted, on proof of the said conviction, and 
 on proof by certificate under the hand of the clerk of the peace for the said county or 
 place, or of the person acting as his deputy, that the person so convicted did not personally 
 appear to prosecute such appeal, may issue a warrant for the apprehension and committal 
 of such person for such period of time as, together with the days during which such person 
 so convicted shall have been imprisoned (if any) previous to being discharged by reason 
 of appeal, shall complete the full term for which such person was adjudged to be imprisoned 
 at the time of his or her said conviction." 
 
 279 When Offender can he treated as a Rogue and Vagabond.'] Supposing a person to 
 he charged as an idle and disorderly person, who has been.previously convicted as a rogm 
 and vagabond for running away and leaving his family chargAble, or any other offence 
 under this s. 4, he could not for such second charge be convicted as a rogue and vagabond 
 or an incorrigible rogue, as for the purpose of being a rogue and vagabond he must have 
 
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CHAP. 11.] 
 
 VAGRANTS. 
 
 S33 
 
 Time of laying 
 
 luformation, 
 
 ic. 
 
 Number 
 and what 
 Ju&tJceBto 
 convict. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 [f Ap- 
 peal, and 
 Tiie, 
 
 Penalty, &c 
 to whom 
 
 payable. 
 
 Page, Sic. 
 
 of 
 Formullat. 
 
 20 \ On oath, 
 22/ and within 
 
 One. 
 
 Imprisonment for not exceeding 
 
 Yes 
 
 
 N03. 
 
 
 three calendar months, with hard 
 
 (s. 14, 
 
 
 25—30, 
 
 6 cal. m. 
 
 
 labour (s. 4), and forfeiture of 
 
 Note 
 
 
 pp. 
 
 (11 & 12 Vict 
 
 
 picklocks, &c. Costs as ante, 
 
 278). 
 
 
 230,231. 
 
 c. 43,8.11, 
 
 
 p. 531. 
 
 
 
 Special 
 
 Note 275). 
 
 
 Subsequent Conviction. An incorri- 
 gible rogue; — imprisonment until 
 the next general or quarter ses- 
 sions (see Offences 26—28, p. 
 537). 
 
 [Vide Mem. to Offences 8—19, 
 ante, p. 531.] 
 
 
 
 commit- 
 ment, 
 No. 10, 
 p. 226. 
 
 been previously convicted as idle and disorderly, and for the purpose of being treated as an 
 incorrigible rogue he must have committed a second offence of the same nature as that for 
 which he was previously convicted of being a rogue and vagabond, and not merely one 
 which subjects him to be treated as idle and disorderly only (see 15 J. P. 727). 
 
 280 What Children within Act— Time of Prosecution— Continual Chargeability neces- 
 sary : where Jurisdiction attaches.} It will be observed, on a comparison of this clause 
 (s, 4 of 5 Geo. 4, c. 83) with the s. 3 (Offence 1), that there is a marked difference in the 
 description of the offence. Under the latter, the word " family" is used, which is explained 
 by the subsequent part.of the section to mean any of his or her family " whom he or she 
 may be legally bound to maintain," which includes illegitimate or other children, as shown 
 ill A^ofe274i but with respect to the present clause, which uses the word "child" (not 
 " family"), it was decided in the case oi B. v. Maude (11 L. J. (N. S.) M. C. 120 ; 2 Dowl. 
 N. C. 58 i 6 J. P. 535), that it meant a legitimate child only, and that a man marrying, 
 after the 4 & 5 Will. 4, c. 76, s. 57, a woman who had then a bastard child was not within this 
 clause of the Vagrant Act (see 6 J. P. 609 ; 20 J. P. 364) ; but, of course, if the child was 
 legitimate, the man would be within it. The six months limited for commencing the 
 prosecution begins to run from the date of running away. There must be a continual 
 chargeability at the time of conviction in this case, or at least at the time of laying the 
 information (16 J. P. 735), though it appears the contrary in Offence No. 1, for refusing 
 or neglecting to maintain family, See. (Note 277)- The jurisdiction attaches in this case 
 to the place whence the offender runs, the chargeability being merely a consequence of 
 such running away (16 J. P. 735). If thesix months have elapsed, the offender should be 
 charged with neglecting to maintain his family (Offence 1). 
 
 281. What is an " Instrument of Gaming," or" Open and Public Place."} The " instrument 
 of gaming" here meant, is an instrument constructed or ordinarily used or intended for the 
 purpose of playing or betting, and not anything (as pence and half-pence) used on the 
 occasion for that purpose ( 18 J. P. 315 j 19 J. P. 445) i nor is the playing at pitch and toss 
 with half-pence an unlawful exercise or pastime within the statute 1 Car. 1, c. 1 (see Note 
 257. ante, p. 490). This point was much combated during the year 1856, and an 
 objectioji was taken but not decided in Re Freestone, 25 L. J. (N. S.) M. C. 121 ; 20 J. P 
 376, that playing cards were not " instruments of gaming," and it would seem from that 
 case, unless they are prepared and altered for the game played they are not (see 20 J P 
 fon^T I n' ^'^^"'^ ^^"'='1 disagreed with this view of the act, and convicted a party 
 (20 J. P. 586), and upon an application to discharge the defendant, Mr. Baron Bramwell 
 refusing the application, said : "The conviction was valid. He was committed for havine 
 instruments for a game of chance, and cards meant playing cards. There was no doubt 
 the game of chance had reference to cards, and he should make no order for his liberation' • 
 {Reg. V. Hance,2QJ. P. 623 ; 27th September, 1856). Mr. Baron Martin appears to have 
 been also of the latter opinion (20 J. P. 639). See article hereon (20 J. P. 705 8th 
 
 beZT^be r^ ?■ f n"'' '^'^''l" ^"f^^' commitment under this section has been 
 before the Court of Queen's Bench. Re Michael Grant was a case heard before Mr, 
 
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534 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences mithin the 11 & 12 Vict. c. 43. 
 
 VAGRANTS— coniJnKed. 
 
 II. Rogues and Vagaeonds- 
 
 •coniinued. 
 
 23. On Premises for an unlawful Purpose.'] Any person being found in or 
 upon any dwellinghouse, warehouse, coachhouse, stable or out- 
 house, — or in any inclosed yard, garden or area, — for any unlawful 
 purpose {Note 282). 
 
 2i. Reputed Thieves frequenting Public Places with Intent, Sfc."] Anysus 
 pected person or reputed thief frequenting any river, canal or 
 navigable stream, dock or basin, — or any quay, wharf or warehouse 
 near or adjoining thereto, — or any street, highway or avenue 
 leading thereto, — or any place of public resort, — or any avenue 
 leading thereto, — or any street, highway or place adjacent, — with 
 intent to commit felony [there or elsewhere, see Note 283]- 
 
 25. Resisting Apprehension.] Person apprehended as an idle and disorderly 
 person, and violently resisting constable, &c. apprehending him, 
 and subsequently convicted oifence for which apprehended. 
 
 [jFor giving a false name or statement when received into an asylum. 
 see7 ^ S yict. v. 101, ». 53.] 
 
 Justice Coleridge in chambers on the 20th December, 1856, wherein that judge expressed 
 his clear conviction that cards were instruments of gaming. The commitment charged the 
 offence to have been committed " on a certain highway, to wit, the River Thames," and that 
 seemed a proper description (21 J. P. 9). Another application was made to the full court 
 on January 24, 1857, for the discharge of the prisoner on two grounds: — 1. That a river 
 was not a highway ; and 2nd. That cards were not instruments of gaming. The court 
 refused the application, and decided that the Thames was a highway, and with reference 
 to the second objection. Lord Campbell observed that " there was no case to support that 
 objection." So that now four judges (Lord Campbell, C. J., Coleridge, J., Bramwell, B., 
 and Martin, B.) have decided that cards are " instruments of gaming" within the meaning 
 of the 5 Geo. 4, c. 83, s. 4. With respect to what is an " open and public place," in Re 
 Freestone, supra, the point was taken and decided that a railway carriage was not such a 
 place within the act ; but the conviction in that case was loosely drawn, and from the 
 observations of Pollock, C. B., it would appear that if the commitment showed the carriage 
 to he on the line of the railway, it would have been good as being on a " highway." 
 {Vide form No. 24, p. 230, Oke's •' FormuUst," 2nd edit.] In Reg. v. Holmes, 1 Dears, 
 C. C. (N. S.) 207 ! 22 L. J. (N. S.) M. C. 122 j 17 J. P. 390, an omnibus was held to be a 
 " public place" for the purpose of an indictment at common law for an indecent exposure 
 of the person. 
 
 282 ^hat is an " unlawful Purpose."] The statute here contemplates some unlawful act 
 upon the persons or property in the house, &c. which would, if effected, subject the party 
 to a criminal prosecution, and not an act of mere immorality, as, for instance, prostitution. 
 If the " unlawful purpose" has been completed by the commission of a felony by stealing, 
 &c., the misdemeanor merges in the felony, and a summary conviction would be inegular 
 {R. V. Simpson, 15 J. P. 246, 790) [but is often done in the metropolitan and other polic? 
 courts]. An " unlawful purpose" means a purpose to commit crinae, but not necessarily at 
 the time or place where the person is found {Re James Joy, 22 Law T. 80; and see U& 
 15 Vict. c. 19, s. 1, if the offence were in the night). 
 
 283 Decisions on words " leading thereto," " place of public resort," " frequenting."] 
 A conviction " for frequenting a public highway in the parish, &c. with intent to commit 
 felony, &c." was held good by the Court of Queen's Bench j also, that it is an offence 
 agamst this act for a reputed thief to frequent, with intent to commit a felony, any high- 
 way, whether or not leading to any river, &c. ; and that it is not necessary, in order to 
 satisfy the terms of the act, that the intent should be alleged to be to commit a felpny then 
 {Ex parte Brown, 21 L. J. (N. S.) M. C. 113 , 16 J. P. 69). Mr. Justice Pattesm gave a 
 aitterent opinion, viz. that the words, "leading thereto" must be coupled with "street and 
 
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CHAP. II.] 
 
 VAGRANTS. 
 
 535 
 
 Time of iaying 
 
 Number 
 and wiiat 
 Justircs to 
 convict. 
 
 Penaity, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Penalty, &c. 
 to whom 
 
 payable. 
 
 Pagfi, Sec. 
 
 of 
 Formullst. 
 
 23\ On oath, 
 28 J and within 
 
 One. 
 
 Imprisonment for not exceeding 
 
 Yes 
 
 
 Nos. 
 
 
 three calendar months, with hard 
 
 (s. 14, 
 
 
 28—30, 
 
 6 cal. m. 
 
 
 labour (s. 4). Costs as ante, p. 531. 
 
 Note 
 
 
 pp. 
 
 (11 & 12 Vict. 
 
 
 Subsequent Conviction. An incorri- 
 
 278). 
 
 
 230, 231. 
 
 c. 43, s. 11, 
 
 
 gible rogue ;— imprisonment until 
 
 
 
 
 Note 275)- 
 
 
 the next general or quarter ses- 
 sions (see Offences 26-28, p. 
 537). 
 
 [Vide Mem. to Offences 8—19, ante, 
 p. 531.] 
 
 
 
 
 highway," as well as with "avenue," and that the offence is confined to streets and high- 
 ways leading to a river, &c. The same question was brought before the Court of Ex- 
 chequer in Ex parte Jones (21 L. J. (N. S.) M. C. 116 ; 16 J. P. 298), and they decided in 
 accordance with the opinion of Patt^son, J. As to what is a " place of public resort," in Ex 
 parte Davis (26 L. J. (N. S.) M. C. 178 ; 2 H. & N. 149 ; 21 J. P. 280), the platform of a 
 railway station is such a place. The objection in that case was to the form of stating the 
 offence, which should have been— "for that he the said A. B. on &c., at Sic, then being 
 a suspected person and reputed thief, did frequent a certain place of public resort there 
 
 called the railway station in , in the said parish, with intent to commit felony, 
 
 to wit, feloniously to steal the [monies] goods and chattels of C. D. from his person, con- 
 trary &c." In Reg. V. Taylor and Jones (21 J. P. 488), a steam boat lying at a quay was 
 held by Wightman, J., not to be such a place ; see also decisions in Note 281i as to the 
 meaning of a " public place." In re Thomas Cross (26 L. J. (N. S.) M. C. 28; 21 J. P. 
 87), the place was described as "a public thoroughfare and one of the places of public 
 resort," and was held good. The objection, however, in that case, which was a conviction 
 by the Lord Mayor of London, was on the word " frequenting," — that the commitment did 
 not allege that the defendant "frequented" (visited often) the place where he was found 
 and where he intended to commit the felony. The court refused the application, and decided 
 that the commitment was sufficient. The commitment charged " that he, the said T. C, 
 on &c. at &c. then being a suspected person and reputed thief, frequenting the public 
 streets and places of and in the said city, then and there was found in Railway Place, being 
 a public thoroughfare, and one of the [daces of public resort of and in the said city, with 
 intent felonionsly to steal themonies, goods and chattels of Sarah Seymour from her person 
 therein, against the statute, &c." It appears from that case that a street, highway or place 
 which does not lead to a river, quay, &c., or is adjacent to a place of public resort, may be 
 described as a "place of public resort," as the above commitment in effect alleged; and 
 this view coincides with the opinion of Mr. Baron Parke in Ex parte Jones, supra. Pollock, 
 C. B., in Cross's case, observed, — " a suspected person or reputed thief cannot by changing 
 the scene of his nefarious designs, and going to different places of public resort, so as not 
 to visit any one in particular frequently, escape the operation of the statute ;" and Martin, 
 B., said, " It is not necessary that he should be a great many times in any particular place 
 with a fdonious intent." A similar application to discharge the defendant was a few days 
 afterwards made to the Court of Common Pleas on behalf of the same prisoner, and re- 
 fused on similar grounds. Firfea correct form of describing the offence, Oke's " Farmuliit," 
 2nd edit, p. 230, No. 29. 
 
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536 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 VAGRANTS— conWnued. 
 
 III. Incorrigible Rogues (^Note ^84)- 
 
 26. Vagrants breaking out of Confinement.'] Persons breaking or escaping 
 
 out of any place of legal confinement before expiration of term 
 committed under this act 
 
 27. Second Conviction as a Rogue and Vagabond."] Any person committing 
 
 any offence against this act which shall subject him to be dealt 
 with as a rogue and vagabond, having been previously convicted 
 as such (Note 279). 
 
 28. Resisting Apprehension.'] Person apprehended as a rogue and vaga- 
 
 bond, and violently resisting constable, &c. apprehending him, 
 and subsequently convicted of offence for whicli apprehended. 
 
 WATERWORKS FOR TOWNS (2^ote285a). 
 
 1. Persons wilfully obstructing persons acting under the undertakers 
 in setting out the line of the works, — or pulling up or removing 
 stakes, &c.— or defacing or destroying works. 
 
 2. Illegally diverting water authorized to be taken by the undertakers. 
 
 5 Geo. 3, c. 
 =.5. 
 
 10 & 11 Vict 
 t. 17, s. 13. 
 
 Id. s. 14. 
 
 284 Observation on Subsequent Offence after Conviction as an Incorrigible Rogue.] Doubts 
 have been raised from time to time by practitioners, whether, after a conviction of an 
 incorrigible rogue, the offender committing some offence under the act can be sent again 
 to prison as an incorrigible rogue, or whether he must not be treated according to the 
 nature of the subsequent offences only, the previous offences being purged by the convic- 
 tion for the greater offence of an incorrigible rogue. Now there is nothing in the act to 
 prohibit his being in any case afterwards for Offence 27 sent as an incorrigible rogue (13 
 J. P. 531, 783). 
 
 285 Procedure on Justice committing to the Sessions, or on Notice of Appeal being given.] 
 By s. 9 of the 5 Geo. 4, c. 83, when any incorrigible rogue is committed till the sessions,— 
 or when any person convicted shall give notice of appeal and enter into recognizance (see 
 Note 278) — the justice " shall require the person by whom such offender shall be appre- 
 hended, and the person or persons whose evidence shall appear to him to be material to 
 prove the offence and to support such conviction, to become bound in recognizance • • • 
 to appear at the said general or quarter sessions to give evidence against such offender 
 touching such offence." A person refusing to enter into the recognizance may be com- 
 mitted until he shall enter into it (Id.) The costs of prosecutor and witnesses maybe 
 allovfed by the sessions on the justices' certificate (Id.) The evidence taken down is not 
 required to be transmitted to the clerk of the peace, as the 11 & 12 Vict c. 42, s. 20, 
 does not apply to this case ; but in practice it is done, and a certificate of the expenses 
 given as in a case of felony. Vide Forms of Recognizance and Convicting Justice's 
 Lertihcate of Expenses, Oke's " Formulist," 2nd edit, pp. 231, 232, Nob. 34, 35. By sect 
 
 Digitized by Microsoft® 
 
CHAP. 11.] VAGRANTS-WATERWORKS FOR TOWNS. 
 
 537 
 
 Time of laying 
 JnfunnatioD, 
 
 Number 
 and what 
 Ju&ticeH to 
 convict. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 Page, Sec. 
 
 of 
 Formulifit. 
 
 26\ On oath, 
 28 J and within 
 
 One. 
 
 Commitment to the house of cor- 
 
 Yes 
 
 
 Nos. 
 
 
 rection until the next general or 
 
 (s. 14, 
 
 
 31—33, 
 
 6 cal. m. 
 
 
 quarter sessions, with hard labour 
 
 Note 
 
 
 p. 231. 
 
 (11 & 12 Vict. 
 
 
 (s. 5);— and the sessions may fur- 
 
 278). 
 
 
 
 c. 43, s. 11, 
 
 
 ther imprison, with hard labour. 
 
 
 
 
 Note 275). 
 
 
 for not exceeding 1 year, and 
 order whipping, if not a female 
 (s. 10, Note 285)- 
 
 [Vide Mem. to Offences 8—19, ante, 
 jD. 531, as to the application of 
 money t Sfc. found upon an offender.^ 
 
 
 
 Special 
 commit- 
 ment. 
 No. 10, 
 p. 226. 
 
 1 Within 
 
 Two 
 
 Not exc. £5 (s. 13) ;— to be levied 
 
 Yes 
 
 Not exc. 
 
 J 
 
 6 cal. m. 
 
 (8 8z9 
 
 by distress (8 & 9 Vict. c. 20, 
 
 (see 
 
 half to inf. 
 
 
 (8 & 9 Vict. 
 
 Vict. 
 
 s. 145); — if distress insufficient, | Note 
 
 and rem. to 
 
 
 li. 20, ss. 151,3 
 
 c. 20, 
 
 impr. without bail for not exc. 3 285 a' 
 
 overs, in aid 
 
 
 Note2%5a,)- 
 
 s. 145, 
 
 cal. m., unless sooner paid (ss. 
 
 
 of poor rate 
 
 
 
 Note 
 
 147, 3, iv^ote285a). 
 
 
 f8&9Vict. 
 
 
 
 285 a). 
 
 
 
 c.20,s.l50). 
 
 
 2 Id. 
 
 Id. 
 
 Not exc. £5 per day water diverted 
 or diminished, and damage (s. 
 14);— recovered as in Offence 1, 
 supra. 
 
 Id. 
 
 To the 
 
 undertakers 
 
 (s. 14). 
 
 
 10, when any incorrigibk rogue is committed to remain until the next general quarter ses- 
 sions, it shall be lawful for the justices of the peace there assembled " to examine into the 
 circumstances of the case," and to order, if they think fit, that such offender be further 
 imprisoned, &c. for any time not exceeding one year (see s. 10). The practice at the ser- 
 sions seems to be this : The offender, having the summary conviction read to him, is called 
 upon to show cause why he should not be further punished : if he admit the offence or show 
 no cause, the court sentence him, after perhaps examining into the circumstances of the 
 case by the evidence of the witnesses bound over : if the ofiender deny the charge, they 
 hear the witnesses, and either discharge him or sentence him to the additional imprison- 
 ment; in either case without the intervention of a jury. Fide Paley on Sum. Conv. 4th 
 edit., p. 685, for a form of conviction at quarter sessions. 
 
 285 a To what Places the Act 10 8f 11 Vict. c. 17 applies — Incorporated Provisions as to 
 Recovery of Penalties — Appeals.'] The oifences under this title are enacted by the "The 
 Waterworks Clauses Act, 1847," which extends " only to such waterworks as shall be au- 
 thorized by any act of parliament hereafter to be passed which shall declare that this act 
 shall be incorporated therewith" (s. 1). Also, by s. 85, the provisions as to recovery of 
 penalties contained in the 8 & 9 Vict. c. 20, are incorporated with the 10 & 11 Vict. u. 17. 
 Vide Note 54i ante, p. 256, as to a penalty on witnesses, and apprehension of transient 
 offenders, and Note 55, ante, p. 257, the requirements as to appeals, which legally apply 
 to this title. The application of penalties within the Metropolitan Police District is 
 directed by s. 88. 
 
 Digitized by Microsoft® 
 
538 
 
 Summary Convictions. 
 
 [PAST I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 WATERWORKS FOR TOWNS— c(m«nacd. 
 
 3. Undertakers delaying to re-instate streets, &c. opened or broken up 
 by them (see s. 65 as to gas pipes removed). 
 
 4. Undertakers neglecting to lay pipes for supply of water for domestic 
 use, after demand in writing. 
 
 5. Undertakers neglecting to fix, &c. fire plugs, — or occasional failure Id. s. 43. 
 of supply of water. 
 
 10 & 11 Vict. 
 c. 17, s. 33. 
 
 Id. s. 36. 
 
 6. "Undertakers refusing to lay communication pipes at request of 
 
 occupier. 
 
 7. Persons removing pipes, &c. without giving notice. 
 
 8. Persons supplied with water suffering cistern, &c. to be out of 
 
 repair. 
 
 9. Owner or occupier allowing persons to use the undertakers' water. 
 10. Taking the undertakers' water without agreement. 
 
 11. Destroying valves, &c. belonging to the undertakers, — or wasting 
 
 water. 
 
 12. Causing water of the undertakers to be fouled,— by bathing, or 
 
 throwing dog, &c. in,— by throwing rubbish, &c. or washing 
 therein, — or causing water of sink, &c. to run into it 
 
 13. Gas makers causing water to be fouled (see also ss. 62, 63, for pe- 
 
 nalties, recoverable by action). 
 
 14. Undertakers neglecting to send annual accounts to the clerk of the 
 
 peace. 
 
 15. Undertakers failing to keep or deposit copies of special act as di 
 
 rected by s. 90. 
 
 Id. s. 45. 
 
 Id. s. 51. 
 
 Id. 5. 55. 
 
 Id. 
 
 ».5S 
 
 Id. 
 
 S.69. 
 
 Id. 
 
 S.60. 
 
 Id. 
 
 S.&1 
 
 Id. s. 64. 
 
 Id. B. 83. 
 
 Id. B. M. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 WATERWORKS FOR TOWNS. 
 
 539 
 
 Time of laying 
 luformatlon. 
 
 3 Within 6 
 cal. m. 
 
 (8 & 9 Vict. 
 c^20,ss.lSl,3, 
 
 Note 285 ?i)- 
 
 Id. 
 
 S Id. 
 
 6 Id. 
 
 7 Id. 
 
 8 Id. 
 
 13 Id. 
 
 14 Id. 
 
 15 Id. 
 
 Number 
 and what 
 4tistices to 
 convict. 
 
 Two 
 
 (8&9 
 Vict, 
 c. 20, 
 s. 145, 
 Note 
 
 285 a) 
 Id. 
 
 Id. 
 
 9 
 
 Id. 
 
 Id. 
 
 10 
 
 Id. 
 
 Id. 
 
 11 
 
 Id. 
 
 Id. 
 
 12 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c 
 
 ana 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Penalty, See, 
 to wliom 
 payable. 
 
 Page, Sec, 
 
 of 
 Formullfit. 
 
 Not exc. £5, and £5 per day de- 
 fault continues (s. 33) j — reco- 
 vered as in Offence 1, supra. 
 
 Amount of rate which owner or 
 occupier liable to, and iOs. per 
 day default continues (s. 36) ; 
 recovered as in Offence 1, supra. 
 
 £10; and to town commissioners 
 and persons paying rate, 405. per 
 day during neglect (s. 43) ; — re- 
 covered as in Offence 1, supra, 
 
 £5, and 40s. per day refusal con- 
 tinues. 
 
 Not exc. £5 above damage (e. 51) 
 — recovered as in Offence 1, 
 supra. 
 
 Not exc. £5 (s, 55) ; - recovered as 
 in Offence 1, supra. 
 
 The like (s. 58). 
 
 Not exc. £10 (s. 59) i— recovered 
 as in Offence 1, supra. 
 
 Not exc. £5 (s. 60) ; — ^recovered as 
 in Offence 1, supra. 
 
 Not exc. £5, and 20s. a day offence 
 continued (s. 61); — recovered as 
 in Offence 1, supra. 
 
 Not exc. £20, and not exc. £10 a 
 day offence continues after notice 
 (s. 64); — recovered as in Offence 
 1, swpra, 
 
 £20 (s. 83) ;— recovered as in Of- 
 fence 1, supra. 
 
 £20, and £5 a day afterwards du- 
 ring default (s. 91); — recovered 
 as in Offence 1, supra. 
 
 Yes 
 (see 
 Note 
 
 28da). 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Same as 
 
 Offence 1, 
 
 supra. 
 
 To the 
 owner or 
 occupier 
 complain- 
 ing (s. 36). 
 
 Same as 
 
 Offence 1, 
 
 supra. 
 
 To the 
 occupier 
 (s. 55). 
 
 To the 
 
 undertakers 
 
 (s. 51). 
 
 To the 
 
 undertakers 
 
 (s. 55). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Same as 
 
 Offence 1, 
 
 suprq,. 
 
 Id. 
 
 Digitized by Microsoft® 
 
540 
 
 Summary Convictions. 
 
 [PAKT I. 
 
 Offences within the 11 & 12 Vict. c. 43. 
 
 statute. 
 
 WEIGHTS AND MEASURES. 
 I. Offences by Inspectors. 
 II. Offences by Dealers and Others. 
 
 I. Offences by Inspectors. 
 
 1. Stamping any weight or measure without duly verifying the same by 
 
 comparison with copy of imperial standard, 
 or 
 
 2. Guilty of any breach of duty, 
 
 or 
 
 3. Otherwise misconducting himself in the execution of his office. 
 
 i. Knowingly stamping any weight or measure of any person residing 
 within the limits of any local jurisdiction for which another in- 
 spector appointed. 
 
 II. Offences by Dealers and Others. 
 
 5. Sale hy illegal Measure.'] Any person selling, by any denomination of 
 
 measure other than of the imperial measure, or some multiple or 
 aliquot part, such as J, the 4th, 8th, 16th or 32nd parts thereof. 
 
 6. Sale by heaped Measure.'] Selling any article by the heaped measure. 
 
 7. Selling Coals hy Measure.] Selling any coals, slack, culm, or cannel 
 
 of any description, by measure and not by weight 
 
 8. Using unauthorized Weights, Si'c.] Using any weight or measure (JVo<c 
 
 287> ?"»*> P- 5*2), other than those authorized by this act, or some 
 aliquot part thereof, — or which has not been stamped (except any 
 single weight above 561bs. or wooden or wicker measure used in 
 the sale of lime, or other articles of the like nature, or any glass or 
 drinking cup), — or which shall be found light or otherwise unjust, 
 or 
 
 9. Refusing buyer to make comparison of drinking cup, wooden or 
 
 wicker measure, glass or jug, 
 or 
 
 10. On comparison, such drinking cup, &c. being found deficient in 
 quantity. 
 
 S&6 Will. 4, 
 %;. 63, s. 29. 
 
 Id. s. 25. 
 
 Id. s. 6. 
 
 Id. s. 7. 
 
 Id. 5. 9. 
 
 Id.s,21. 
 
 286 Appeal] By 5 & 6 Will. 4, c. 63, s. 35,—" all persons who may think tbemselvc! 
 aggrieved by any order, judgment or determination of any justice of the peace, mayor or 
 chief magistrate, relating to any matter or thing in this act mentioned or contained, may 
 within fourteen days next after such order, &c. appeal to the then next ensuing or general 
 quarter sessions to be held for the city, borough or county within which the alleged cause 
 of appeal shall arise,— first giving seven days' notice in writing of such intention toappeali 
 and the grounds and nattue thereof, to the party against whom such complaint is intendeii 
 to be made, — and forthwith after such notice entering into a recognizance before some 
 justice of the peace, mayor or other chief maofistrate, with two sufficient sureties, con- 
 Digitized by Micmsoft® 
 
CHAP. II.] 
 
 WEIGHTS AND MEASURES, 
 
 541 
 
 Time of laying: 
 Information, 
 
 <1C. 
 
 Number 
 
 and what 
 
 Justices to 
 
 convict. 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c 
 to wnom 
 payable. 
 
 Page, &c. 
 of 
 
 Formulist. 
 
 n Within 
 3/ 6 cal. m. 
 
 Two or 
 
 Not exceeding £5 (s. 29);— levied 
 
 Yes, 
 
 Co. treas., 
 
 Nos. 
 
 more, at 
 
 by distress; — in default of dis- 
 
 (s. 35, 
 
 after 
 
 1-3, 
 
 (11 & 12 Vict. 
 
 petty 
 
 tress, imprisonment for not ex- 
 
 Note 
 
 deducting 
 
 p. 233. 
 
 c. 43, ». 11). 
 
 sessions, 
 
 ceeding 2 calendar months, unless 
 
 286). 
 
 so much 
 
 
 
 or 
 
 sooner paid (s. 34). 
 
 
 (not exc. a 
 
 
 
 mayor of 
 
 
 
 moiety) as 
 
 
 
 borough 
 
 
 
 justices may 
 
 
 
 (s. 34). 
 
 
 
 order to inf. 
 (s. 32). 
 
 
 4 Id. 
 
 Id. 
 
 Not exceeding 20s. for every weight 
 or measure (s. 25 ) ; — ^recovered 
 as Offences 8 — 10, infra. 
 
 Id. 
 
 Id. 
 
 No. 4, 
 p. 233. 
 
 5 Id. 
 
 Id. 
 
 Not exceeding 40s. for every sale 
 (s. 6);— recovered as Offences 
 8—10, infra. 
 
 Id. 
 
 Id. 
 
 No 6, 
 p. 233. 
 
 6 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 No 7, 
 p. 233. 
 
 7 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 No. 8, 
 p. 233. 
 
 8\ Id. 
 10/ 
 
 Id. 
 
 Not exceeding £5, and forfeiture of 
 
 Id. 
 
 Id. 
 
 Nos. 
 
 
 every such light or unjust weight 
 
 
 
 9—12, 
 
 
 
 or measure (s. 21 ) ; — levied by 
 
 
 
 pp. 
 
 
 
 distress ; — in default of distress, 
 
 
 
 233, 234. 
 
 
 
 imprisonment for not exceeding 
 
 
 
 
 
 
 2 calendar months, unless sooner 
 
 
 
 
 
 
 paid (s. 34). 
 
 
 
 
 ditioned to try such appeal, and abide the order and award of the said court thereon ; 
 
 and the said justices shall either hear and determine the said complaiflt at such general or 
 quarter sessions, or, if they think proper, shall adjourn the hearing thereof to the following 
 general or quarter sessions of the peace; — and the said justices may, if they see cause 
 mitigate any penalty or forfeiture, and may order any money to be returned which may 
 have been levied in pursuance of such order or determination, and may also order any 
 such further satisfaction to be made to the party injured as they shall judge reasonable 
 and may also order such costs to be paid to the party aggrieved by the party aggressing 
 as they shall think reasonable." 
 
 Digitized by Microsoft® 
 
542 
 
 Summary Convictions. 
 
 [PAllT I. 
 
 Offences within the 11 & 12 Vict. g. 43. 
 
 Sfatate. 
 
 WEIGHTS AND WEASVR^S— continued. 
 
 II. Offences by Dealers and Others — continued. 
 
 11. Having Possession of unjust IVeights, Steelyards, S^c.'] On examiflation 
 by a justice, or an inspector, of any shop, store, warehouse, stall 
 yard, or place whatsoever, wherein goods exposed or kept for sale, 
 or weighed for conveyance or carriage, with imperial standard, any 
 weights or measures being found light, or otherwise unjust; — or 
 any steelyards or other weighing machines being found incorrect, 
 or otherwise unjust {Note 287)- 
 
 12. Neglecting or refusing to produce for such examination, when re- 
 
 quired, all weights, measures, steelyards or other weighing ma 
 chines in his possession, 
 or 
 
 13. Otherwise obstructing or hindering such examination. 
 
 14. Counterfeiting Stamps, Sfc.'] Making, forging or counterfeiting, — or 
 
 causing or procuring to be tnade, forged or coiinterfeited, — or 
 knowingly acting or assisting in the making, forging or counter- 
 feiting — any stamp or mark used for stamping or marking weights 
 or measures. 
 
 15. Knowingly selling, uttering, disposing of, — or exposing to sale,-^ahy 
 
 weight or measure with forged or Counterfeited ^tamp or mark 
 thereon. 
 
 WRECK. 
 
 1. Any goods, merchandize or articles of any kind, belonging to any 
 
 ship or vessel in distress, or wrecked, stranded or cast on shore, 
 found by virtue of a search warrant {Note 288) in the possession 
 of any person, or on the premises of any person with his know 
 ledge, and not satisfying the justice that he came lawfully by the 
 same. 
 
 2. Offering or exposing for sale shipwrecked goods, merchandize, &c., 
 
 and not satisfying justice that he came lawfully by the same. 
 [Goods may be seized by officer of customs, &c., and takeb be- 
 fore a justice, who may have a reward for the seizure.] 
 
 [See farther, title " Merchant Shipping," Offences Nos. 142—1153 
 ante, pp. 416, 418.] 
 
 5 & 6 Will. 4, 
 c. 63, s. 28. 
 
 Id. 
 
 Id. s. 30. 
 
 Id. 
 
 7 & 8 Geo. 4, 
 
 c. 29, s. 19 
 
 (Note 145, ""'e. 
 
 p. 350). 
 
 Id. s. 20. 
 
 287 What Measures within the Act.'] All weights of capacity which are ordinarily used 
 as measures are within the act 5 & 6 Will. 4, 6. 63, whether stattiped or not, or tfhether 
 made of earthenware or other material, and as such are liable to seizure if found deficient 
 on examination ( Washington v. Young, 19 L. J. (N. S.) Exch. 348 ; 14 J. P. 591). A sale 
 by the Welsh " hobbit" is legal as a sale by Weight {Hughes v. Humphreys, 23 L. J. (N S.) 
 Q. B. 356 ! 18 .J. P. 649). There is no authority in the statute to seize a steelyird or otlat 
 weighing machine, like weights and measures ; therefore the former would not be liable to 
 
 Digitized by Microsoft® 
 
CHAP, n.] WEIGHTS AND MEASURES-WRECK. 
 
 543 
 
 Time of litylngr 
 loformation. 
 
 Numlitir 
 and what 
 JuaticeB to 
 convict. 
 
 11 Within Two or 
 6 cal. m. more, at 
 (11 & 12 Vict petty 
 c, 43, s. 11). sessions, 
 or 
 mayor of 
 borough 
 (s. 3' 
 
 } "■ 
 
 14 Id. 
 
 15 
 
 Id. 
 
 1} 
 
 On oath 
 
 (s. 65), 
 
 and within 
 
 3 cal. m. 
 
 (s. 64, Notea 
 
 148. 149, 
 
 antSj pp. 351 
 352). 
 
 Id. 
 
 Td. 
 
 Id. 
 
 One. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 Sec. 
 
 Not exceeding £5 for weights and Yes 
 measures, and a like penalty for (s.^5, 
 steelyards, &c. but not a separate Note 
 penalty for each weight, &c.i— 286)- 
 and forfeiture of every such un- 
 just weight or measure (s. 28); 
 — ^recovered as Offences 8 — 10, 
 supra. 
 
 Not exceeding £5 (s. 28); — ^reco- Id. 
 vered as Offences 8—10, supra. 
 
 Not exceeding £50, nor less than Id. 
 £10, and forfeiture of weights so 
 stamped (s. 30); — recovered as 
 Offences 8—10, supra. 
 
 Not exceeding £10, nor less than Id. 
 40;., and forfeiture of weights, 
 &c. (g. 3b), — recovered as Of.- 
 fences 8 — 10, supra. 
 
 Justice to order goods. Sec. to be de- Yes 
 livered to owner, and offender to (s. 72, 
 forfeit, over and above the "value of Note 
 
 150, 
 
 ante, 
 
 Penalty, &c. 
 to wnom 
 payable. 
 
 Page, &c 
 
 of 
 Formulisr. 
 
 Co. treas. 
 after de- 
 ducting so 
 much (not 
 
 exc. a 
 
 moiety) as 
 
 justices may 
 
 order to inf. 
 
 (s. 32). 
 
 Id. 
 
 the goods, &c., not exc. £20 (ss. 
 19, 20);^in default of payment, 
 impr. with or without h. 1. for not p. 352), 
 more than 2 cal. m., where amount 
 to be paid, with costs, do not exc. 
 £5 ; tor not more than 4 cal. m,, 
 where not exc. £10; and for not 
 more than 6 cal. m. in any other 
 ease, unless sooner paid (s. 67). 
 
 Id. 
 
 Id. 
 
 Overseer of 
 poor where 
 
 offence 
 committed; 
 for 00. rate 
 
 (s. 66). 
 
 Nos. 
 13, 14, 
 p. 234. 
 
 Nos. 
 15, 16, 
 p. 234. 
 
 No. 17, 
 p. 235. 
 
 No. 18, 
 p. 235. 
 
 Order, 
 &c. Nos. 
 
 3-5, 
 
 pp. 
 
 236, 237. 
 
 forfeiture on conviction, although the party having such articles in bis possession would 
 be liable to the penalty. (See Thomas v. Stevenson, 17 J. P. 537.) 
 
 288 Search Warrant for Shipwrecked Goods.^ A search warrant may be granted by 
 any justice, if any credible witness shall prove upon oath a reasonable cause to suspect 
 any person has in his possession, or on his premises, any such propei'ty (s. 63). Vide forms 
 of Information, Search Warrant, Order, &o. Oke's " Pormutist," 2nd edit. p. 236, Nos. 
 1, 5. 
 
 Digitized by Microsoft® 
 
544 Summary Convictions. 
 
 PART I. 
 
 CHAPTER III. 
 THE SYNOPSIS OF OFFENCES, &c. 
 
 To wbich the II & 12 Vict. c. 43 does not estend. 
 
 Preliminary The offences and matters contained in this chapter are exempted 
 from the operation of the statute 11 & 12 Vict. c. 43, by section 
 35 of that act, set out at pp. 90, 91. 
 
 The explanation of the columns underneath will serve as a 
 short summary of the practice under this chapter, and the 
 notes at the foot of the columns will show other necessary 
 requirements to be observed in the particular case ; but as the 
 several statutes in this chapter do not particularly describe 
 several matters of procedure, such as the statements of offences, 
 the mode of conducting the hearing and adjudication, &c. the 
 practice detailed in Chapter I. may be safely adopted. 
 
 EXPLANATION OF THE COLUMNS. 
 
 Offence. — The Offence is here descrihed in the words of the Statute with 
 all the legal exceptions and modifications, but in an abridged form;— 
 and where two or more Offences are contained in the same section 
 each is disjointed and analysed. For more convenient reference the 
 Offences are numbered consecutively in each title. 
 
 Statute. — Here is stated the Statute creating the Offence, and in the other 
 columns it will he found referred to by the sections i — and where any 
 stages of the proceedings are regulated or modified by another Statute, 
 it is mentioned in the column to which it applies. The asterisk • placed 
 here before the Statute signifies that a form of conviction is given by it. 
 
 Information and Time. — This column shows whether the Statute requires 
 the Information to be on oath or not, and the time within which it must 
 be laid. If no time required, it may be at any distant period, although 
 it is not advisable to delay it beyond 6 calendar months. If the Statute 
 gives a form of Information to be used, it will be found referred to by a 
 Note, and where to be found in " Oke's Magisterial Formulist," 2nd ed, 
 Digitized by Microsoft® 
 
Offences to which the 11 ^ 12 Vict. c. 43, docs not extend. 545 
 
 By whom.— If the Statute requires a particular person to prefer the Infor- Explanation of 
 mation it is stated in this column, and if any person (competent to Columns. 
 swear to his belief of the Offence being committed, when on oath) may 
 do so, it is likewise shown. 
 
 Summons and Service ok Warrant.— If the Statute says a summons 
 only shall be issued, or is silent as to the mode of compelling a defend- 
 ant's appearance, the word "summons" is inserted in this column, or 
 if a warrant or summons at discretion it is so stated. Where the service 
 of the summons is stated as " personal," the Statute is silent ; where 
 however another mode of service is mentioned, the Statute prescribes 
 such mode. If the Statute gives a form of warrant or summons, or 
 authorizes the apprehension of an offender in the commission of the 
 Offence, it is shown in a Note referred to, and where to be found in 
 "Oke's Magisterial Formulist," 2nd ed. 
 
 Number of Justices to convict. — This shows whether the Statute re- 
 quires one or two Justices to convict an offender. 
 
 What Justices to convict. — This shows whether the same Justice who 
 received the Information, or any other of the same jurisdiction, should 
 convict Where a Statute confines the conviction to particular Justices 
 or places, it is also stated. 
 
 If Power to summon, &c. Witnesses.— This shows whether any and 
 what section of the Statute, giving cognizance of the Offence, contains 
 an express power to summon Witnesses, and to fine, Stc. for non-attend- 
 ance, or to compel appearance by warrant after summons. The Note 
 referred to shows the procedure to be adopted. 
 
 Penalty, &c. and Mode of enforcing. — It need only be stated that this 
 is an abridged view of the Penalty or other Forfeiture for the Offence, 
 and the mode of enforcing payment given by the Statute creating it. 
 Where the Statute provides forms of proceedings, or any particular 
 mode of procedure, they will be found referred to by a Note, and where 
 to be found in ''Oke's Magisterial Formulist," 2nd ed. As to costs, 
 unless they are expressly mentioned in this column, none can be ordered 
 or recovered, the 18 Geo. .3, c. 19, the old statute thereon, being re- 
 pealed by the 11 & 12 Vict. c. 43, s. 36, ante, p. 89. 
 
 If Appeal, and Time, &c. — This shows whether or not the Statute giving 
 cognizance of the OfiFence allows an Appeal against the Conviction, and 
 the time, and to whom notice thereof should be given. The Note refers 
 to tbe manner of entering into the recognizance, &c. 
 
 Penalty, &c., to whom payable.— This column shows how and to whom 
 the penalty, or damage, &c. is to be paid and applied. 
 
 EXPLANATION OF ABBREVIATIONS USED. 
 
 cal. m. . 
 
 . calendar months. 
 
 C. G. . 
 
 . common gaol. 
 
 churchw. 
 
 . churchwarden. 
 
 commrs. 
 
 . commissioners. 
 
 conv. 
 
 . conviction. 
 
 CO. treas. 
 
 . county treasurer. 
 
 exc. . . 
 
 . exceeding, exceed. 
 
 gen. . . 
 
 . general. 
 
 h.l. . . 
 
 . bard labour. 
 
 H. M.'s . 
 
 . Her Majesty's. 
 
 H.ofC. 
 
 . house of correction. 
 
 imp. . . 
 
 . imposed. 
 
 impr. 
 inf . . 
 
 . imprisonment 
 . informer. 
 
 overs. . 
 
 . overseers. 
 
 par. . . 
 pen. . . 
 priv. 
 
 . parish. 
 . penalty. 
 . privately. 
 
 pros. . . 
 pub. . . 
 rem. . . 
 
 . prosecutor. 
 . publicly. 
 . remainder. 
 
 °"®' Digitized by Microsoft® ^ ^ 
 
546 
 
 Summary ■ Convictions. 
 
 [part I, 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 BEERHOUSES. 
 
 1. Selling without licence . 
 
 [Mem. Booths and other places of the like 
 hind at fairs are expressly excepted out 
 of the operation of the Beer Acts by s. 29, 
 and 34-4 Fict. c. 61, s. 22.] 
 
 2. Unlicensed persons selling by retail to be 
 
 drunk off the premises. 
 
 3. The like, to be drunk on the premises, with- 
 
 out a licence for that purpose. 
 
 4. Any person (after passing of act) lawfully 
 convicted of felony, or of selling spirits 
 without licence (taking out or having any 
 licence), selling any beer or cider by retail 
 in any manner whatsoever. 
 
 [Vide Note 33. ante. P- 2i\,for the defi- 
 nition of "selling by retail."} 
 
 5. Receiving into, 
 
 or 
 
 6. Keeping or having in possession in, 
 
 any cellar, room, or any place entered 
 for storing, keeping or retailing beer or 
 cider, any wine, spirits or sweets. 
 
 CONSTABLES. 
 
 1. Any constable or other peace officer refusing 
 or neglecting to serve or execute any sum- 
 mons or warrant granted under the Post 
 Office Act 
 
 * 1 W. 4, 
 0.64,8. 7. 
 
 iDformation 
 and 
 Time. 
 
 By whom. 
 
 •4&5 
 W. 4, c. 
 85, s. 17. 
 
 Id. 
 
 Not on 
 oath, and 
 
 within 
 4 calendar 
 
 months. 
 
 Id. 
 
 •3&4 
 
 Vict. 
 0. 61, S.7 
 {Note 2). 
 
 Id. s. 10- 
 
 • 1 Vict, 
 c. 36, 
 s. 19. 
 
 SummonB 
 and Service, 
 or Warrant. 
 
 Id. 
 
 Autho- 
 
 rized 
 
 excise 
 
 officer 
 
 (see Note 
 
 16. to tit, 
 
 "Excise," 
 
 p. 560), 
 
 Id. 
 
 Id. 
 
 Summons 
 at resi- 
 dence, &c. 
 and by ex- 
 cise officer. 
 
 Id. 
 
 Not on 
 oath, and 
 within 3 
 cal. m. (if 
 not by ex- 
 cise), or 
 if so, as 
 ItoS. 
 
 Id. 
 
 Id. 
 or any 
 person. 
 
 Any 
 person. 
 
 Not on 
 
 oath (Note 
 
 3). and 
 
 within a 
 
 year 
 (s. 24). 
 
 Id. 
 
 Id. 
 
 or by some 
 
 constable. 
 
 Summons 
 personal, 
 and by 
 some coa- 
 stable(48i 
 5 W. 4, c. 
 85, s, 22). 
 
 Summons 
 at resi- 
 dence 
 (s. 18, and 
 Note 3). 
 
 1 Witnesses.'] The witness neglecting or refusing to appear, or appearing refiisinj 
 to be examined, on conviction to forfeit not exceeding £10 (1 Vfill. 4, c. 64, s. 20); 
 
 2 Incorporation of Statute.] Vide Note 31, title "Beerhouses," ante, p. 240, where 
 the 1 Will. 4, c. 64, is incorporated with the 3 & 4 Vict. c. 61. The time of prosecutioii 
 IS regulated by 1 Will. 4, c. 64, s. 15. 
 
 3 Forms.] Forms of information, summons, conviction, warrant of distress, and com- 
 mitment in default of distress, are given by the Post Office Act, 1 Vict. c. 86. See them 
 in Oke's " Formulist," 2nd edit. pp. 253—255. 
 
 Digitized by Microsoft® 
 
CHAP. III.] 
 
 BEERHOUSES— CONSTABLES, 
 
 547 
 
 Number of 
 Justices to 
 
 What 
 Justices to 
 
 If power 
 
 summon, 
 
 Stc, 
 
 Penalty, Sic, 
 lind 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, Sic. 
 to \thom 
 
 convict. 
 
 convict. 
 
 Witnesses. 
 
 Mode of enforcing. 
 
 Sic. 
 
 payable. 
 
 1 Two, 
 
 Any of the 
 
 Yes 
 
 £20 (s. 7) i — ^recoverable as excise 
 
 No. 
 
 As exci?e 
 
 in petty 
 
 division, 
 
 [Nqtel). 
 
 penalties (s. 8) ; — ^mitigation to not 
 
 
 penalties 
 
 sessions. 
 
 &c. where 
 
 
 less than one-fourth part (7 & 8 
 
 
 (see 11 & 12 
 
 
 house 
 
 
 Geo. 4, c. 53', s. 78). 
 
 
 Vict c. 12), 
 
 
 situate. 
 
 
 
 
 s. 28, no of- 
 ficer having 
 a share in 
 them). 
 
 2 Id. 
 
 Id. 
 
 Id. 
 
 £10 (s. 17) i — ^recoverable, &c. as Of- 
 fence 1. 
 
 No. 
 
 Id. 
 
 3 Id. 
 
 Id. 
 
 Id. 
 
 £20 (s. 17). Id. 
 
 No. 
 
 Id. 
 
 4 Id. 
 
 Id. 
 
 Id. 
 
 Licence void, and offender incurs the 
 penalty of selling without licence 
 {vide Ofi'ences 1 to 3, and Note 32, 
 ante, p. 240, tit. " Beerhouses," as 
 to the liability of the sureties). 
 
 No. 
 
 As excise pe- 
 nalties, and 
 (if additional 
 penalty im- 
 posed) to 
 CO. treas. 
 and pros, 
 (s. 7), as 
 above. 
 
 5\ Id. 
 6/ 
 
 Id. 
 
 Id. 
 
 £50, forfeiture of articles and licence 
 
 No. 
 
 As excise 
 
 „ 
 
 
 void ; — to be recovered according 
 
 
 penalties 
 
 
 
 
 to 7 & 8 Geo. 4, c. 53, and 4 & 5 
 
 
 (see 11& 12 
 
 
 
 
 Wijl. 4, c. 51 (Nofe 32, ante, p. 240, 
 
 
 Yict. i;. 121, 
 
 
 
 
 as to the liability of the sureties). 
 
 
 s. 28, no of- 
 ficer having 
 a share 
 
 
 
 
 
 
 in them). 
 
 1 One. 
 
 Any of the 
 
 Yes 
 
 £10 (s. 19),— may be mitigated (s. 14), 
 
 Yes 
 
 (See tit. 
 
 (s. 13). 
 
 diyisjon, or 
 
 (s.20, 
 
 —with costs, levied by distress ; — 
 
 (S. 13, 
 
 •' Post Office," 
 
 
 county, &c. 
 
 Note 4). 
 
 if insufiicient, imprisonment by 
 
 Note 
 
 post. Of- 
 
 
 
 
 same justice in common gaol or 
 
 5). 
 
 fences 1 — 3, 
 
 
 
 
 house of correction for not exc. 3 
 
 
 p. 564). 
 
 
 
 
 calendar months, unless sooner paid 
 
 
 
 
 
 
 (s. 13, Note 3). 
 
 
 
 4 Witnesses.'^ If the yifitness neglect or refuse to appear, withput reasonable excuse, or 
 appearing shall refijse to be examined, to forfeit £10. The summons is to be serve(i in 
 the same way as to a defendant. 
 
 5 Appeal.} To the general or quarter sessions held next after the expiration of ten 
 days ^om tl)e day of cqnyiction, of which appeal notice in writing shall be given to the 
 prosecutor or informer seven clear days previous to the first day of sessions, — provided 
 within five days next after conviction d^fend^t enter into a recogjaizapqe with two suf- 
 ficient sureties, before convicting justice, to prosecute a,ppe^, &c. 
 
 Digitized by Microsoft® 
 
548 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 statute. 
 
 laformation 
 and 
 Time. 
 
 By whom. 
 
 SummoDR 
 andSerrfce, 
 or Warrant, 
 
 CONSTABLES— confa'nacd. 
 
 
 
 
 
 2. Refusing, 
 
 *50 Geo. 
 
 Not on 
 
 Any 
 
 Warrant 
 
 or 
 
 3, c. 41, 
 
 oath, and 
 
 person. 
 
 (Afofe 6). 
 
 3. Neglecting, 
 
 s. 21. 
 
 at any 
 
 
 
 upon due notice, or on own view, to 
 
 
 time. 
 
 
 
 aid and assist in the execution of iShe 
 
 
 
 
 
 Hawkers and Pedlars Act, being there- 
 
 
 
 
 
 unto required. 
 
 
 
 
 
 CUSTOMS. 
 
 
 
 
 
 I. Offences by Masters op Vessels, p. 
 
 
 
 
 
 548. 
 
 
 
 
 
 II. Offences by Importers and Agents, 
 
 
 
 
 
 p. 552. 
 
 
 
 
 
 III. Offences by Warehouse Keepers, 
 
 
 
 
 
 &c., p. 554. 
 
 
 
 
 
 IV. Offences as to Smuggling, p. 554. 
 
 
 
 
 
 V. Other Offences, p. 558. 
 
 
 
 
 
 I. Offences by Masters of Vessels. 
 
 
 
 
 
 1. Importation and Warehousing.'] Vessels in- 
 
 •16 & 17 
 
 Not on 
 
 Officer 
 
 Summons 
 
 wards not coming up quickly to place o 
 
 Vict. 
 
 oath, and 
 
 of 
 
 personal, 
 
 mooring or unlading, — or not providing 
 
 c. 107, 
 
 within 
 
 customs 
 
 or at place 
 
 accommodation for customs' officer on 
 
 ». 47. 
 
 3 years 
 
 (ss. 301, 
 
 of abode 
 
 board. 
 
 
 (ss. 270, 
 303). 
 
 308). 
 
 or on board 
 
 ship 
 
 (s.270). 
 
 6 Commitment till Hearing.'] Section 25 gives power to commit an offender, appre- 
 hended under this warrant, to prison till the hearing, unless he enter into a recognizance 
 with two sufficient sureties to appear. 
 
 7 Witnesses.] If the witness neglect or refuse to appear, without a reasonable excuse, 
 or appearing shall refuse to be examined, to forfeit the sum of £10, to be recovered as 
 penalties. 
 
 8 Appeal.] Defendant may, upon entering into a recognizance, with two sufficient sure- 
 ties, to be approved by a justice, to the amount of the value of such penalty and forfeiture, 
 together with a sum which in the judgment of such justice shall be adequate to the amount 
 of the costs which may be awarded, conditioned to pay amount adjudged in case judg- 
 ment affirmed, appeal to the next general sessions. 
 
 9 Where Conviction may be— Who to adjudicate — Defendant not competent to give Evidence. \ 
 By sect. 364, informations brought under the direction of the commissioners of customs 
 may be determined in any county of England, • * in such manner and form as if the 
 offence had been committed in that county. By s. 275, where an offence is committed in 
 any place upon the water not being within any county, or where the officers have any 
 doubt whether such place is within the boundaries of a county, the offence is to he deemed 
 to be committed on the high seas ; and every offence is to be deemed to have been com- 
 mitted, and every cause of complaint to have arisen, either in the place in which Ine 
 same actually was committed or arose, or in any place on land where the offender or 
 person complained against may be or be brought. If justice of county cannot act, 
 justice of adjoining county may act (s. 276). Justices of counties to have concurrent 
 jurisdiction in cities, boroughs, &c. situate In such counties (s. 277). If party ^'"^' 
 moned do not appear, justice or justices, on proof of service of summons, to proceed 
 ex parte (sects. 271, 272). Sect. 263 contains a proviso that penalties not ex- 
 
 Digitized by Microsoft® 
 
CHAP. III. J 
 
 CONSTABLES-CUSTOMS. 
 
 549 
 
 Number of 
 JiiBtices to 
 
 What 
 Justices to 
 
 If power 
 
 to summon, 
 
 &c. 
 
 Penalty, &c. 
 and 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, &cc, 
 to wliom 
 
 convict. 
 
 convict. 
 
 WltneBseB. 
 
 Mode of enforcing. 
 
 4c.' 
 
 payable. 
 
 2\ One. 
 3/ 
 
 The same 
 
 Yes 
 
 ieiO(s. 21);— levied hy distress,— an;l 
 
 Yes 
 
 One moiety 
 
 who re- 
 
 (s. 52, 
 
 commitment of offender to prison 
 
 (s. 27, 
 
 to Her 
 
 
 ceived the 
 
 Note 1). 
 
 until levied or until paid (s. 25); 
 
 Note 
 
 Majesty, and 
 
 
 informa- 
 
 
 — not to be detained in prison 
 
 8). 
 
 remainder 
 
 
 tion. 
 
 
 longer than 3 [cal. 13 & 14 Vict. 
 K,. 21, s. 4] months (s. 26). 
 
 
 to informer 
 (s. 25). 
 
 1 One or 
 
 Of any 
 
 Yes 
 
 £20 (s. 47) ! — on non-payment com- 
 
 No. 
 
 Commis- 
 
 more 
 
 county 
 
 (s. 274, 
 
 mitment to gaol until paid (s. 278) i 
 
 
 sioners of 
 
 (s. 263) 
 
 (s. 304, 
 
 see 
 
 but not to be detained longer than 
 
 
 customs 
 
 and 
 
 Note 9). 
 
 18 & 19 
 
 6 months (s. 283); — penalty may 
 
 
 (s. 282). 
 
 18 & 19 
 
 
 Vict. 
 
 be mitigated to not less than one- 
 
 
 
 Vict. 
 
 
 c. 96, 
 
 fourth (s. 280, see Note 10). 
 
 
 
 i;. 96, 
 
 
 s. 36;. 
 
 
 
 
 ». 31. 
 
 
 
 
 
 
 ceeding £100 are not to be sued for in the superior courts, but by information 
 before any one or more justice or justices. Sect. 264 provides, that -proceedings at 
 the option of the defendant may be instituted in the superior courts, though the sum 
 claimed exceeds £100,— but option must be exercised before the hearing commences (see 
 18 & 19 Vict. c. 96, s. 33) ; and by s. 265, if suit commenced in superior court for penalty 
 exceeding £100, the commissioner may on the defendant's written request (16 & 17 Vict. 
 c. 107) order prosecution to be brought before a justice (see s. 266, as to issue of warrant 
 by justices for appearance of defendant in such a case). By " The Customs Amendment 
 Act, 1857," 20 & 21 Vict. c. 62, s. 14,-" the several acts which declare and make 
 competent and compellable a defendant to give evidence in any suit or proceeding to which 
 he may be a party shall not be deemed to extend or apply to defendants in any suit or 
 proceeding instituted under any act relating to the customs." 
 
 10 Penalties several- Costs as well as Penalty— Forms— Scales of Fees — Married Woman.'] 
 By sect. 267 a penalty jointly and severally incurred by any number of persons may be 
 recovered jointly by one information, or severally by separate informations. Costs may 
 also be adjudged, and the party committed for them as well as penalty (see 18 & 19 Vict. 
 c. 96, s. 31). Forms of informations, summons and warrants are given in the schedule 
 to the Customs Consolidation Act, 1853 (16 & 17 Vict. c. 107). Vide Oke's " Foi-mulist " 
 2nd edit., pp. 238— 244. Scales of Fees to be taken by justices' clerks under the act are 
 also given (Id. pp. 244, 245 ; see s. 292). Married woman convicted may be committed 
 to prison (s. 288). 
 
 _ 11 Commuting Sentence or extending same in certain Cases — Second Offence.'] By sect 286 
 justices may commute the sentence of hard labour to imprisonment only where offender is 
 a temale, or is incapable of hard labour from age or sickness, provided the cause of miti- 
 
 Digitized by Microsoft® 
 
550 
 
 Summary Convictions, 
 
 [part I. 
 
 Offences to which the 11 & 12 "Vict. c. 43, 
 does not extend. 
 
 statute. 
 
 Infondatfon 
 and 
 Time 
 
 By whom. 
 
 SuminonB 
 andfevte, 
 or Warrant. 
 
 C U STO U&— continued. 
 
 
 
 
 
 I. Offences by Masters of Vessels— cob- 
 tinued. 
 
 
 
 
 
 2. Lock, mark or Seal placed on goods by cus- 
 toms' officer being broken, &c., 
 
 or 
 
 i»16 & 17 
 Vict, 
 c. 107, 
 s. 48. 
 
 Not on 
 oath, and 
 within 
 3 years 
 (ss. 303, 
 270). 
 
 Officer of 
 
 custonls 
 
 (ss. 304, 
 
 308). 
 
 Summons 
 personal, 
 or at place 
 of abode or 
 
 on board 
 ship 
 
 (s. 270). 
 
 8. Secretly conveying away stores inwards. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 4. Not reporting ship, cargo and stores within 
 24 hours after arrival in port 
 
 Id. s. 51. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 5. Not delivering account of goods on hoard 
 commissioned ship, British or foreign. 
 
 Id. s. 52. 
 
 Id. 
 
 Id. 
 
 Id, 
 
 6. Not delivering bills of lading, &c. on making 
 report in Offence 4, or breaking bulk be- 
 fore arrival in port, &c. 
 
 Id. s. 53. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 7. Exportation.'] Goods taken on board at a 
 port before entering outwards. 
 
 Id. s. 118. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 8. Warehouse or debenture goods not exported, 
 or relanded or carried to Guernsey, &c. 
 without entry, — or aiding, &c. therein. 
 
 [d.s.l33. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 9. Goods found on board not heing in content. 
 
 Id. s. 143. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 10. Landing goods at any other place than that 
 for which they are cleared. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 11. Ships laden or in ballast departing before 
 
 clearance notified. 
 
 [By 18 & 19 Vict. c. 96, s. 11, any ship 
 having cargo on board departing from 
 port without being duly cleared, renders 
 the master liable to a penalty of £100.; 
 
 Id. s. 145 
 
 Id. 
 
 Id. 
 
 Id. 
 
 gation be stated in the commitment ,■ and by s. 287 the period of confineineht may, after 
 commitment, be extended with hard labour, in case of discovery of a ^rior colivictibn ftr 
 a similar offence. By s. 284, in cases Where the person is coiivicte'd of an offence for'Which 
 a penalty of £100 or upwards is inflicted by this or any Customs Act, and it shall appear 
 to the justices that such party has been before convicted of any offence against this or any 
 Customs Act, the justices may adjudge the person, in lieu of such penalty, to be imprisoow 
 with hard labour for not less than six nor more than twelve month's. 
 
 12 How Value of Forfeited Goods ascertained— Duties.'] By s. '258, " In all cases wbere 
 any penalty, the amount of which is to be determined by the value of any goods, is directed 
 to be sued for under any act relating to the customs or excise, such value shall, as regards 
 
 proceedings in any court or 
 
 nd taken according to the rate 
 
CHAP. III.] 
 
 CUSTOMS. 
 
 551 
 
 Number of 
 Justices to 
 
 What 
 Juatic» to 
 
 If power 
 
 to summon, 
 
 &c 
 
 Eenallj, &c 
 and 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, *c. 
 to wliom 
 
 CODVlct. 
 
 convict. 
 
 Witnesses. 
 
 Mode of enforclnff. 
 
 &c. 
 
 payable. 
 
 2 One or 
 
 Of any 
 
 Yes 
 
 £100 (s. 48) ;— impr. as Offence 1 ; 
 
 No. 
 
 Commis- 
 
 more 
 
 county 
 
 (s. 274, 
 
 — or, by s. 284, impr. instead ol 
 
 
 sioners of 
 
 (s. 263), 
 
 (s. 304, 
 
 see 
 
 being indefinite, for not less than 6 
 
 
 customs 
 
 and 
 
 Note 9). 
 
 18 & 19 
 
 nor more than 9 months. 
 
 
 (s. 282). 
 
 18&19 
 
 
 Vict. 
 
 2nd Offence. In lieu of penalty, impr. 
 
 
 
 Vict. 
 
 
 c. 96, 
 
 with or without h. 1. for not less 
 
 
 
 c. 06, 
 
 
 M. 36). 
 
 than 6 nor more than 12 m. (s. 284). 
 
 
 
 s. 31. 
 
 
 
 IVide Notes 10, 11, ante, p. 549.] 
 
 
 
 3 Id. 
 
 Id. 
 
 Id. 
 
 £20 (s. 48) ;— recovered as Offence 1, 
 supra. 
 
 No. 
 
 Id. 
 
 4 Id. 
 
 Id. 
 
 Id. 
 
 £100 (s. 51) ;— recovered asOffence 2, 
 supra. 
 
 No. 
 
 Id. 
 
 5 Id. 
 
 Id. 
 
 Id. 
 
 £100,(s. 52) ;— recovered as Offence 2, 
 supra. 
 
 No. 
 
 Id. 
 
 6 Id. 
 
 Id. 
 
 Id. 
 
 The like. 
 
 No. 
 
 Id. 
 
 7 Id. 
 
 Id. 
 
 Id. 
 
 The like. 
 
 No. 
 
 Id. 
 
 8 Id. 
 
 Id. 
 
 Id. 
 
 Forfeit either treble the value of the 
 goods,— or a penalty of £100, at the 
 election of the commrs. (s. 133; — 
 see iVnte 12, how value ascertained); 
 — recovered as Offence 2, supra. 
 
 No. ' 
 
 Id. 
 
 9 Id. 
 
 Id. 
 
 Id. 
 
 £5 for every package of good&(s. 143); 
 — recovered as Offences 1, 2, supra. 
 
 No. 
 
 Id. 
 
 10 Id. 
 
 Id. 
 
 Id. 
 
 Treble the value of the goods (s. 143) ; 
 recovered as Offence 8, supra. 
 
 No. 
 
 Id. 
 
 n Id. 
 
 Id. 
 
 Id. 
 
 £100 (s. I|45) ;— recovered as in Of^ 
 fence 2,, s<jpra. 
 
 No. ," 
 
 Id. 
 
 and price for which ^oods of the like kind but of the iest quality upon whieh the duties 
 of importation shall have been paid were sold at or about the time of the offence, or 
 according; to the rate and price for which the like sort of goods were sold in bond at or 
 about the time of the offence, with the duties-due thereon added to such rate or price in 
 bond, — except as to tobacco stalks, tobacco stalk flower, and snuff work, the value of 
 which shall, for the purpose of any suit or prnceeding- under this or any act relating to the 
 customs, be estimated at the same rate asi that of unmanufactured tobacco, upon which the 
 duties of importation shall haive been paid." By ». 211 all goods the importation of 
 which IS restricted land 'seized; accordingly are to be deemed to be goods liable to and 
 unshipped without payment ofi duties, unless the contrary be proved; in other iwords, are 
 to be deemed to be foreign. * " 
 
 Digitized by Microsoft® 
 
552 
 
 Summary Convictions. 
 
 [part I, 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 CUSTOMS— continaed. 
 
 I. Offences by Masters of Ships — con 
 
 tinued. 
 12. Goods contained in certificate not on board 
 (discovered after clearance). 
 
 13. 
 
 14. 
 
 15. 
 
 16. 
 
 17. 
 
 18. 
 19. 
 20. 
 
 21. 
 
 22. 
 23. 
 24. 
 
 II, 
 
 25. 
 
 26. 
 
 Seals put upon stores from the warehouse 
 outwards, being broken. 
 
 Not bringing ship to at station for landing 
 of officers. 
 
 Coasting Trade.'\ Having goods on board 
 coasting ship. 
 
 Unshipping goods from coasting ships at 
 unauthorized places. 
 
 Not keeping a cargo book,— or making false 
 entries in cargo book. 
 
 Giving false account of goods to customs. 
 
 Goods unladen contrary to regulations. 
 
 Refusing to produce documents on board 
 to customs officer on demand. 
 
 Channel Islands and British Possessions 
 abroad.] Unlading goods before repori 
 made to customs,— or not making report, 
 or making an untrue report 
 
 Ship departing without clearance, — or 
 master delivering a false content. 
 
 Sailing before obtaining certificate of clear- 
 ance, or having cargo above deck. 
 
 Importing or exporting goods from or to the 
 Channel Islands, except in Brilish ships. 
 [See 18 & 19 Vict c. 96, s. 20, and 20 & 
 21 Vict. c. 62, s. 19, also as to goods 
 from those islands.] 
 
 Offences by Importers and Agents. 
 
 Not giving to customs officer account of 
 free goods. 
 
 Not complying with customs regulations as 
 to entry of goods. 
 
 statute. 
 
 InformatioD 
 and 
 Time. 
 
 • 16 8il7 
 
 Not on 
 
 Vict. 
 
 oath, and 
 
 c. 107, 
 
 within 
 
 B. 146. 
 
 3 years 
 (ss. 270, 
 
 
 303). 
 
 Id. s. 147. 
 
 Id. 
 
 Id. s. 148. 
 
 Id. 
 
 Id. s. 153. 
 
 Id. 
 
 Id. s. 154 
 
 Id. 
 
 Id. s. 155 
 
 Id. 
 
 Id. s. 156 
 
 Id. 
 
 Id. s. 157. 
 
 Id. 
 
 Id. s. 158. 
 
 Id. 
 
 Id. s. 164. 
 
 Id. 
 
 Id. s. 165. 
 Id. s. 172 
 Id. s. 191 
 
 Id.s.60. 
 Id.s.67. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 By whom. 
 
 Officer of 
 
 customs 
 
 (ss. 304, 
 
 308). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Summons 
 aDi] Service, 
 or WarraaL 
 
 Summons 
 personal, 
 or at place 
 of abode or 
 on board 
 
 ship 
 (s. 270). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Digitized by Microsoft® 
 
CHAP, III.] 
 
 CUSTOMS. 
 
 553 
 
 Number of 
 Juhticeu to 
 convict. 
 
 12 One 
 or more 
 
 s. 263, 
 
 and 
 
 18 & 19 
 
 Vict. 
 
 c. 96, 
 
 s. 31. 
 
 13 Id. 
 
 14 Id. 
 
 15 Id. 
 
 16 Id. 
 
 17 Id. 
 
 18 Id. 
 
 19 Id. 
 
 20 Id. 
 
 21 Id. 
 
 22 Id. 
 
 23 Id. 
 
 24 Id. 
 
 VPhat 
 
 JusLiceii to 
 
 convict. 
 
 If power 
 to eummon. 
 
 &c. 
 Witnesses. 
 
 Of any 
 county 
 (s. 304, 
 NoteQ). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 25 Id. 
 
 26 Id. 
 
 Id. 
 
 Id. 
 
 Yes 
 (s. 274, 
 
 see 
 
 18 & 19 
 
 Vict. 
 
 c. 96, 
 
 i. 36). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing^. 
 
 £20 for every such package or parcel 
 (s. 146); — recovered as Offence 2, 
 supra. 
 
 £20 (s. 147);— recovered as Offence 
 9, supra. 
 
 The like (s. 148). 
 
 £100 (s. 153); — recovered as Offence 
 2, supra. 
 
 £50 (s. 154) ; — recovered as Offence 
 1, supra. 
 
 £20 (s. 155) ; — recovered as Offence 
 1, supra. 
 
 The like (s. 156). 
 
 The like (s. 157). 
 
 The like (s. 158). 
 
 £50 (s. 1 64) ; — recovered as Offence 
 1, supra. 
 
 £50 (s. 165);— recovered as Offence 
 1, supra. 
 
 Id. 
 
 Id. 
 
 If Ap- 
 peal, and 
 Time, 
 Sec. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 No. 
 
 £100 (s. 172); 
 2, supra. 
 
 -recovered as Offence 
 
 £100 (s. 191);— recovered as Offence 
 2, supra. 
 
 £20 (s. 60) ;— recovered as Offence 1, 
 supra. 
 
 The like (s. 67). 
 
 No. 
 No. 
 
 No. 
 No. 
 
 No. 
 
 No. 
 No. 
 
 No. 
 
 No. 
 
 No. 
 No. 
 No. 
 
 No. 
 
 No. 
 
 Commis- 
 sioners of 
 customs 
 
 Digitized by Microsoft® 
 
554 
 
 Summary Convictions. 
 
 [PABT I. 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 By whom. 
 
 InformatioD 
 and 
 Time. 
 
 Sbitate. 
 
 Summons 
 and Servloe, 
 'or Warrant. 
 
 CUSTOMS— coB«Bued. 
 
 
 
 
 
 11. Offences by Importers and Agents — 
 coniinued. 
 
 
 
 
 
 27. Acting as agent for proprietor of goods 
 without licence or authority— (see s. 16, as 
 to grant of licence). 
 
 *I6&17 
 Vict, 
 c. 107, 
 S.71. 
 
 Not on 
 oath, and 
 within 
 3 years 
 (ss. 303, 
 270). 
 
 Officer of 
 
 customs 
 
 (ss. 304, 
 
 808). 
 
 Summons 
 
 personal, 
 or at place 
 of abode or 
 
 on board 
 ship 
 
 (s. 270). 
 
 28. Clandestinely gaining access to goods in 
 warehouse. 
 
 [Fraudulently obtaining drawbacks, ss. 
 123, 124 ; penalty £200 ; not recovered 
 before justices.] 
 
 Id. s. 94. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 III. Offences by Warehousekeepers, &c. 
 
 
 
 
 
 29. Neglecting to stow goods properly. 
 
 Id.s.91. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 80. Neglecting to produce goods deposited 
 when required. 
 
 Id.s.92. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 31. Removing Irish or Scotch spirits from 
 warehouse contrary to act. 
 
 ld.s. 102 
 
 Id. 
 
 Id. 
 
 Id. 
 
 IV. Offences as to Smuggling {Note 13). 
 
 
 
 
 
 32. Vessel or boat used in importing of un- 
 customed or prohibited goods. 
 
 Id. s. 203 
 
 Id. 
 
 Id. 
 
 Id. 
 
 33. Persons driving carts, waggons, &c., re- 
 fusing to stop or allow examination when 
 required by customs officers. 
 
 ld.s. 220. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 34. Police officer making detention of stolen 
 goods liable to forfeiture, neglecting to 
 convey same to customs warehouse, &c. 
 
 Id.s.225. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 35. Passenger or other person denying having 
 foreign goods about them. 
 
 [The person may before search require to 
 be taken before u justice or customs 
 officer, s. 230.] 
 
 Id. s. 229. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 36. Officer misconducting himself in searching. 
 
 Id. s. 231. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 13 Averments in Smuggling Cases — Proofs.'] By sect. 305, proof that the duties of 
 customs have been paid in respect of ;goods seized, or whether lawfully imported, or 
 concerning the place whence such goods, were brought, lies on the defendants in the 
 prosecution. By s.'306, the averm.ents in smi^rfin^cases by the direction of the eom- 
 nussioners for taking the proceMSigf fBsft>'a'™^9%i-eign, that a person is or is not a 
 
CHAP. III.] 
 
 CUSTOMS. 
 
 555 
 
 Number of 
 
 JuBtlceB to 
 
 convict. 
 
 What 
 
 JiistlceB to 
 
 convict. 
 
 27 One 
 or more 
 (s. 263), 
 
 and 
 
 18 & 19 
 
 Vict. 
 
 c. 96, 
 
 s. 31). 
 
 28 Id. 
 
 29 Id. 
 
 30 Id. 
 
 31 Id. 
 
 32 Id. 
 
 33 Id. 
 
 34 Id. 
 
 35 Id. 
 
 36 Id. 
 
 Of any 
 county 
 (s. 30*, 
 Note 9). 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 If power 
 to summon, 
 
 'Wltnessee. 
 
 Yes 
 (s. 274, 
 
 see 
 
 18 & 19 
 
 Vict 
 
 c. 96, 
 
 s. 36). 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 £20 (s. 71) J — recovered as Offence 1 
 swpra. 
 
 36 100 (s. 94) J — recovered as Offence 
 2, supra. 
 
 £5 (s. 91); — recovered as Offence 1, 
 supra, 
 
 £5 for every package or parcel not 
 produced, besides duties due there- 
 on (s. 92) ; — ^recovered as Offences 1 
 or 2, supra. 
 
 £100 (s. 102) i— recovered as Offence 
 2, supra. 
 
 Owner and master each to forfeit the 
 value of such vessel, but not to exc. 
 £500 (s. 203). Form, Count 9, 
 Oke's " Formulist," 2nd edit. p. 239. 
 
 £100 (s. 220);— recovered for a first 
 or subsequent offence as Offence 2, 
 supra. Form, Count 10, Oke's 
 " Formulist," 2nd edit. p. 239. As 
 to 2nd Offence, see Note U. 
 
 £20 (s. 225); — recovered as Offence 
 
 1, supra. Form, Count 11, Oke's 
 " Formulist," 2nd edit., p. 239. 
 
 Goods forfeited (see Note 15) and 
 treble their value (s. 229, see Note 
 12); — recovered as Offences 1 
 
 2, supra. Form, Counts 12, 13, 
 Oke's " Formulist," 2nd edit., pp. 
 239, 240. 
 
 £10 (s. 231);— recovered as Offence 
 1, supra, Form, Count 14, Oke's 
 " Formulist," 2nd edit., p. 240. 
 
 No. 
 
 ■No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 Penalty, &c. 
 to wnom 
 payable. 
 
 Commis- 
 sioners of 
 customs 
 (s. 282). 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 subject of her majesty, that goods were thrown overboard, &c. to prevent or avoid seizure, 
 that tt person is an officer of customs, &c. or that the offence was committed within the 
 limits of any port, shall be sufficient without proof of the fact or facts, unless the defendant 
 shall prove the contrary. Fiv& voce evidence that a partv is an officer sufficient. 
 Digitized by Microsoft® 
 
556 
 
 Summary Convictions. 
 
 [PAKT I. 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 CUSTOMS— com«inMed. 
 
 IV. Offeno6s as to Smuggling — con- 
 tinued. 
 37. Concerned in importing prohibited or re 
 strioted goods, whether unshipped or not 
 . — or unshipping, harbouring or having 
 custody of such goods. 
 
 '16 & 17 
 Vict. 
 
 c. .ao7, 
 
 s. 232. 
 
 InrormalloQ 
 and 
 Time. 
 
 38. Concerned in -removal of goods from ship Id. s. 233, 
 before examination by officer of customs. 
 
 39. Unshipping, — or concerned in the carrying Id. ». 234i. 
 
 away or concealing of — tobacco or spirits, 
 or tea or silk of the value of £\0, liable to 
 forfeiture. 
 
 40. Persons found or discovered to have been Id. s. 235. 
 
 on board any vessel liable to forfeiture for 
 being found within certain limits of the 
 coast with prohibited or restricted goods 
 on board. 
 
 Not on 
 
 oath, and 
 
 within 
 
 3 years 
 
 (ss. 303, 
 
 270). 
 
 Id. 
 
 By whom. 
 
 SummoQs 
 and Service, 
 or Warrant. 
 
 Officer of 
 
 customs, 
 
 (ss. 304, 
 
 308). 
 
 Id. 
 
 41. Persons on board vessels within ports of 
 the United Kingdom or the Channel 
 Islands with contraband articles, — or car- 
 rying and conveying such article. 
 
 [ Vide Note \^2i i^ to summary remedy he- 
 fore a justice witliout order of customs. ~\ 
 
 42. Offering goods for sale under pretence of 
 
 being run or prohibited. 
 
 *18& 19 
 Vict, 
 c. 96, 
 
 s. 28. 
 
 *16 & 17 
 Vict. 
 c. 107 
 s. 241 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Summons 
 personal, 
 or at place 
 of abode oi 
 on board 
 
 ship 
 (s. 270). 
 
 Id. 
 
 Detained 
 
 (Note 
 
 14). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Summons 
 personal, 
 or at place 
 of abode or 
 on board 
 ship (s. 
 270), (not 
 detained). 
 
 14 Detention of Offenders— Bail— Escape of Persons detained.'] The sections creating 
 the offences to which this note is appended authorize the detention of offender, and his 
 being taken before a justice ; and by sect 3 of 18 & 19 Vict. ;;. 96 (which repeals s. 240 ot 
 the former act), in such a case, a justice, if he see reasonable cause, may order the offender to 
 be detained in gaol for a reasonable time to obtain the order of the commissioners, and to 
 prepare the necessary informations, &c. — or the justice receiving an information, may, 
 if it appear on oath that the person charged is likely to abscond, grant a warrant to ap- 
 prehend Jiim instead of a summons ; and the same or any other justice may Uberate tne 
 offender on giving security in jglOO for his appearance on the hearing. By s. 237 of the 
 16 8£ 17 Vict. c. 107, persons in Her Majesty's service detained are to be secured on 
 hoard until warrant procured. By s. 238, persons detained under the act and escaping 
 may afterwards be detained and taken before a justice to be dealt with. 
 
 14 a Summary Remedy before a Justice, without Order of Customs^ where small QuanttttM 
 Digitized by Microsoft® 
 
CHAP. III.] 
 
 CUSTOMS, 
 
 557 
 
 Number of 
 
 JuKllcef^ to 
 
 convict. 
 
 What 
 
 JUBtiCCB to 
 
 convict. 
 
 37 One 
 or more 
 (s. 263), 
 
 and 18 & 
 
 19 Vict 
 
 c. 96, 
 
 s. 31. 
 
 38 Id. 
 
 39 Id. 
 
 40 Id. 
 
 41 Id. 
 
 42 Id. 
 
 Of any 
 county 
 (s. 304, 
 Note 9). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 If power 
 
 to siiDimon, 
 
 WitncBses. 
 
 Yes 
 (s. 274, 
 
 see 
 
 18 & 19 
 
 Vict. 
 
 c. 96, 
 
 s. 36). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to wnoin 
 payable. 
 
 Id. 
 
 Id. 
 
 Forfeit either treble the value of goods 
 (see Note 12), or the penalty of 
 j£100, at election of commissioners 
 (s. 332) ; — recovered as Offence 2, 
 supra. Forms of Counts, 15 — 18, 
 Oke's " Formulist," 2nd edit., p. 
 240. 
 
 The like penalty (s. 233). Form of 
 Count, No. 19, Oke's " Formulist," 
 2nd edit., p. 240. 
 
 The like penalty (s. 234). Form of 
 Count, No. 1, Oke's '' Formulist," 
 2nd edit., p. 238. As to 2nd Of- 
 fence, see Note U. 
 
 \st Offence. Impr. with h. 1. for not 
 
 less than 6 nor more than 9 months. 
 2nd Offence. Impr. with h. 1. for not 
 
 less than 9 nor more than 12 m. 
 3rrf or subsequent Offence. Impr. with 
 
 h. 1. for 12 months (s. 235). . 
 
 [Forms of Counts, Nos. 2, 3, Oke's 
 " Formulist," 2nd edit, p. 238.] 
 
 ;i 00 (s. 28) i — ^recovered as Offence 2, 
 
 supra, 
 
 [Form, Count, 4, Oke's "Formu- 
 list," 2nd edit., p. 239. 
 
 Vide Note 14a ^^ to conviction with- 
 out direction of the commissioners.'] 
 
 Goods forfeited {Note 15, post, p. 558), 
 and treble their value (s. 241) ! see 
 Note 12 ; — recovered as Offences 1 
 or 2, supra. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 No. 
 
 Commis- 
 sioners of 
 customs 
 (s. 282). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 smuggled.] By 16 Si 17 Vict. c. 107, s. 239, — " whenever any person shall have been de- 
 tained, and taken before any justice, /or being found or discovered to have been on board any 
 ship or boat within any port, bay, harbour, river, or creek of the United Kingdom or tlie 
 Channel Islands, such ship or boat having on board or having had on board spirits or tobacco 
 in such casks or packages as would Under this or any other act relating to customs subject the 
 same to forfeiture, — or for unshipping or for aiding or being concerned in the unshipping of 
 any spirits or tobacco liable to forfeiture under this or any other act relating to the customs or 
 excise,— or /or carrying, conveying, or concealing, — or for aiding or being concerned in the 
 carrying, conveying, or concealing of any such spirits or tobacco, — and it shall appear to 
 such justice that the quantity of spirits in respect of which such person has been so detained 
 does not exceed two gallons, — or that the quantity of tobacco in respect of which such person 
 has been so detained doesnot exceed ten pounds weight, — such justice may proceed summarily 
 upon the case without any information, and although no direction shall have been given 
 
 Digitized by Microsoft® 
 
558 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences to which the 11 & 12 Vict. o. 43, 
 does not extend. 
 
 CUSTOMS — continued. 
 
 IV. Offences as to Smuggling — con- 
 tinued. 
 
 43. Persons aisserabling, to the number of three 
 or more, to run spirits, tobacco, &c..^ 
 obstructing o£Scers. 
 
 TDformation 
 and 
 Time. 
 
 * 16 St 17 
 
 Vict. 
 :. 107, 
 1. 247. 
 
 44. Officers and persons making collusive sei- Id. s. 262, 
 
 zures, — or taking bribes. 
 
 45. Person offering the bribe. Id. 
 
 46. Every person who shall wilfully cast away, * 19 & 20 
 
 cast adrift, remove, alter, deface, sink or Viet, 
 destroy, or in any other way injure or con- o. 75, s. 3. 
 ceal any boat, buoy, rope or mark in the 
 charge of or used by any person for the 
 prevention of smuggling, or in or for the 
 use of the service of the customs. 
 
 V. Other Offences. 
 
 47. Selling playing cards without being en- 
 closed in a wrapper provided by Commis- 
 sioners of Inland Revenue (see s. 115). 
 
 Not on 
 
 oath, and 
 
 within 
 
 3 years 
 
 (ss. 303, 
 
 270). 
 
 Id. 
 
 48. Owner, charterer, &o. not delivering to 
 searcher, shipping bill for free goods. 
 \_See 18^19 Vict. c. 96, s. 10, a like penalty 
 on exporter.^ 
 
 49. Unlicensed lighterman removing goods. 
 
 50. Shipper or broker not delivering hill of 
 lading of goods exported. 
 
 61. Making false declaration, &c., — signing 
 false documents, — or untruly answering 
 questions, — or counterfeiting, — or using 
 false documents. 
 
 52. Witnesses summoned by justices refusing 
 or neglecting to appear, — or appearing 
 refusing to take oath, — or to give evidence 
 or answer questions. 
 
 *16&17 
 Vict 
 c. 107, 
 s. 114. 
 
 Id. s. 125. 
 
 Id. s. 127. 
 Id. s. 142, 
 
 *]8&19 
 Vict, 
 u. 96, 
 s. 38. 
 
 16&17 
 Vict, 
 u. 107, 
 s. 274. 
 
 Id. 
 Id. 
 
 By whoni' 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 OfiScer of 
 
 customs 
 
 (ss. 304, 
 
 308). 
 
 Id. 
 
 Detained 
 {Note 14), 
 
 Id. 
 Id. 
 
 SummonE 
 and Service, 
 or Warrant, 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 by the commissioners of customs, and convict such person of such offence, and adjnags 
 that such person shall, in lieu of any other penalty, forfeit any sura not less than the tingle 
 value nor more than treble the value of suck goods, including the duties of importation due 
 thereon, and in de'ault of payment of such sum of money, commit such person to any of 
 her majesty's gaols for any time not exceeding one month." 
 
 15 Condemnation of forfeitedjJj^g^Sgij bPWSFSsS^ where information has been exhi- 
 
CHAP. III.] 
 
 CUSTOMS. 
 
 659 
 
 Number of 
 
 JuBttces to 
 
 convict. 
 
 43 One 
 or more 
 (s.263), 
 
 and 
 18 &19 
 
 Vict. 
 
 c. 96, 
 
 s. 31. 
 
 a Id. 
 
 45 Id. 
 
 46 Id. 
 
 What 
 
 Justices to 
 
 convict. 
 
 If power 
 to summon, 
 
 &c. 
 Witnesses. 
 
 47 Id. 
 
 48 Id. 
 
 49 Id. 
 
 50 Id. 
 
 51 Id. 
 
 52 Id. 
 
 Of any 
 county 
 (s. 304, 
 Note 9). 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Yes 
 (s. 274, 
 
 see 
 18 & 19 
 
 Vict. 
 
 c. 96, 
 
 s. 36). 
 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 &c. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 The like impr. as in Offence 40, supra. 
 [Forms of Counts, Nos. 21, 22, 
 Oke's '' FormuHst," 2nd edit., 
 p. 241.] 
 
 £500 (s. 262) ; — justice may have jq- 
 risdiction by consent (see s. 265). 
 
 £200 (Id.) 
 
 iglO (s. 3); — recovered as Offences 1, 
 2, supra. 
 
 £20 if the licensed maker ; £10 if not 
 the maker (s. 114) ; — recovered as 
 penalties relating to stamp duties. 
 
 £20 (s. 125) i — recovered as Offence 1, 
 supra. 
 
 The like (s. 127). 
 The like (s. 142). 
 
 £100 (s.38) j — recovered as Offence 2, 
 supra. 
 
 [Forms of Counts, Nos. 5 to 8, 
 Oke's " Formulist," 2nd edit., 
 p. 239.] 
 
 Not exc. £50 (s. 274) ;— recovered as No. 
 Offence 1, supra. 
 
 [Form of Count, No. 24, Oke's 
 " Formulist," 2nd edit., p. 241.] 
 
 Penalty, Stc. 
 to whom 
 payable. 
 
 No. 
 
 No. 
 
 No. 
 No. 
 
 No. 
 
 No. 
 
 No. 
 No. 
 
 No. 
 
 Commis- 
 sioners of 
 customs 
 (s. 282). 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 bited before a justice for the forfeiture of goods seized, justice may, after summons to the 
 person to whom they belonged, or from whom they were seized, and on proof that they are 
 liable to forfeiture, condemn the goods. The proof of the condemnation is provided by 
 s. 35 of the 18 & 19 Vict. c. 96, i. e. the -production of the condemnation signed by the 
 justice, or a copy of it certified by his clerk. Fide form of information, count 23, p. 241, 
 summons to claimant, p. 24^. and condemnatioT ) n. 9.M. ni;p'a « Formulist," 2nd edit. 
 Digitized by Microsoft® 
 
560 Summary Convictions. [i'Art i. 
 
 EXCISE. 
 
 [The offences enacted by the numerous statutes under this title are omitted from this 
 , Work, because they would increase its bulk considerably, without any advantage 
 to justices and their clerks ; for no proceeding can be instituted except on the in- 
 formation of an authorized officer, who brings the statute relating to the particular 
 case, with proper forms, of which justices always avail themselves.] 
 
 FACTORIES. 
 
 [Mem. The statutes on this subject are .■—42 Geo. 3, c. 73 ; 3 4-4 Will. 4, c. 103 ; 7*8 Vict 
 C-. IS ; 8^9 Vict. c. 29 ; 9 4- 10 Vict. cc. 18, 40 ; 10 ^ U Vict. c. 29 ; 13 4- 14 rict 
 t:. 54 ; 16 4- 17 Vict. .;. 104 ; and 19 4 20 Vict. c. 38. Sect. 35 0/ 11 4 12 Vict»c. iS, 
 ante, p. 91, expressly excepts them from its operation. The factory inspectors have cm- 
 current jurisdiction with justices to punish for offences (3 8i 4 Will. 4, 1. 103, s. 34).] 
 
 Opfenobs to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 GAME. 
 
 1. Not showing Certificate when demanded."] Any * 52 G. 3, 
 
 person discovered using gun, &c. for the c. 93, 
 purpose of killing game, &c. by any as- Sch. L 
 sessor, &c. after demand wilfully refusing (rule 11). 
 to produce his certificate, or to give his 
 name, &c. to person demanding {Note 17, 
 post, p. 562), 
 or 
 
 2. Producing any false or fictitious certificate, 
 
 or 
 
 3. Giving any false or fictitious name, place of 
 
 residence or place of assessment. 
 
 4. Sporting without certificate (see the rule and Id 
 
 exceptions). (rule 12). 
 
 6, Person licensed selling or puchasing, or • 1 & 2 
 dealing in game, before exchanging re- Will. 4, 
 ceipt for duty for certificate. 32, s. 19. 
 
 iQfonnation 
 
 and 
 
 Time. 
 
 Not on 
 oath, and 
 within 3 
 
 cal. m. 
 (rule 13). 
 
 Id. 
 
 Id. 
 
 (see s. 20). 
 
 By whom. 
 
 Any 
 person. 
 
 Id. 
 
 Id. 
 
 Summons 
 and Service, 
 or Warrant. 
 
 Summons 
 (rule 13). 
 
 Id. 
 Id. 
 
 16 Proceedings for Penalties under the Excise Laws.] The statutes regulating summary 
 proceedings for penalties are the 7 & 8 Geo. 4, c. 53 ; 4 & 5 Will. 4, c. 51 ; 4 Vict c. 20, 
 and IS & 16 Vict. c. 61. The information for an excise penalty or forfeiture incuned 
 within the limits of the chief office may be exhibited before three commissioners, and else- 
 where before one or more justices of the peace (7 & 8 Geo. 4, c. 53, s. 65), by an ofiicer duly 
 authorized by the commissioners, except on immediate arrest (Id. s. 51 ; and see 26 Geo. 8, 
 c. 77, s. 13; 46 Geo. 3, c. 112, s. 1 j 56 Geo. 3, c. 104, s. 15, and 5 Geo. 4, c. 94), and 
 within four calendar months after the offence committed or goods forfeited seized (4 & 5 
 Will. 4, c. SI, s. 19). Notice to be given within a week afterwards. Summons to be served 
 ten days before the hearing, except for double duty, when twelve hours' notice is suffieienti 
 service need not be personal (lb.) j and it may be made by any person (4 Vict. c. 20, s. 31). 
 Two or more justices to meet every three months or oftener to adjudge excise cases (7 & 8 
 Geo. 4, c. S3, s. 67). Regulations in case of the death or absence of any justice, or of the 
 death of the prosecuting officer during proceedings (lb. ; 4 8j S Will. 4, c. 51, s. 22). 
 Genera! powers of justices extended to excise cases(7 & 8 Geo. 4, c. 63, ». 67). No officer 
 of excise to act as a justice in excise cases, nor any excise trader in any case relating to his 
 trade (Id. s. 68). Commissioners and justices to proceed to hearing and judgment without 
 regard to defects in form (s. 73). Witnesses summoned by justices neglecting to appear 
 and give evidence to forfeit ggSO (s. 74). If a defendant be in prison judgment maybe 
 given after summons (s. 77) ; persons incur penalties jointly or severally according as they 
 may be prosecuted by order of the commissioners (s. 70). The commissioners or justices 
 on hearing may mitigate any pem^Oedal^-lfliorihd^S), except the penalty of double 
 
CHAP. III.] 
 
 EXCISE-FACTORIES— GAME. 
 
 561 
 
 [ nde Note 16. infra, as to the proceedings for recovery of penalties under the Excise 
 Laws, the application of these penalties, and the appeal. See also tit. " Post Horses," 
 post.^ 
 
 IVide Forms given in the schedules to 3 & 4 Will. 4, c. 103, and 7 & 8 Vict. c. 15, Oke's 
 Magisterial " Formulist," 2nd edit., pp. 246—248.] 
 
 Number of 
 Justices to 
 
 What 
 Justices to 
 
 If power 
 
 to Bummon, 
 
 &c. 
 
 Witnesses. 
 
 Penalty, &c. 
 and 
 
 If Ap- 
 peal, and 
 Time 
 
 Penalty, kc 
 to wliom 
 
 convict. 
 
 convict. 
 
 Mode of enforcing. 
 
 4c.' 
 
 payable. 
 
 1\ Two 
 
 The same 
 
 Yes 
 
 £20 (rule 11);— may be mitigated to 
 
 Yes 
 
 To collector 
 
 3 S com- 
 
 [Note 18, 
 
 (rule 14, 
 
 not less than one moiety ; — reco- 
 
 (rule 
 
 of assessed 
 
 mis- 
 
 post, 
 
 Note 
 
 vered with costs by distress by war- 
 
 13, 
 
 taxes for re- 
 
 sioners 
 
 p. 662). 
 
 19, post, 
 
 rant of same justice or commrs.,— 
 
 Note 
 
 ceiver gen. 
 
 or one 
 
 
 p. 563). 
 
 and if insufficient, the same justice 
 
 20, 
 
 of revenue 
 
 justice 
 
 
 
 or commrs. to commit to H. of C. 
 
 post. 
 
 (rule 16). 
 
 (Note 
 
 
 
 for not exc. 6 cal. m., unless sooner 
 
 p- 
 
 
 18, 
 
 
 
 paid (rule 13). 
 
 563). 
 
 
 post. 
 
 
 
 
 
 
 p. 562). 
 
 
 
 
 
 
 4 Id. 
 
 Id. 
 
 Id. 
 
 £20 (rule 12) ; — mitigation and re- 
 covery as Offences 1 — 3, supra. 
 
 Id. 
 
 Id. 
 
 5 Id. 
 
 Id. 
 
 Id. 
 
 £20 (s. 19); — mitigation and reco- 
 
 Yes 
 
 Id. 
 
 (sees.20). 
 
 
 
 very as Offences 1 — 3, supra (see 
 s. 20). 
 
 (see 
 s. 20). 
 
 
 duty and on immediate arrest (4 & 5 Will. 4, i;. 51, s. 20) ; and the board may further miti- 
 gate or entirely remit the penalty (7 & 8 Geo. 4, c. 53, s. 78). Warrants to be granted for 
 the sale of goods condemned or levying penalties (s. 86), in which a time for sale must be 
 limited (s. 88). Penalty and expenses to be deducted from the sale, and the overplus re- 
 turned (s. 89). Where sufficient distress cannot be found a body warrant may be issued to 
 commit the offender to gaol, to remain until satisfaction be made of the judgment, or until 
 ordered by the commissioners to be liberated or discharged (s. 90). A fresh warrant of 
 distress may be issued when goods are found after the issue or execution of arrest warrant 
 (s. 91). "Warrants to be executed in any part of the united kingdom upon indorsement 
 (s. 92). 
 
 Penalty, to whom payable.^ By the 11 & 12 Vict. c. 121, s. 28, no officer of excise to 
 have any interest in penalties or forfeitures under any law of excise. They are to be paid 
 to the Commissioners of Excise (16 & 17 Vict. c. 107, s. 282). 
 
 Appeal ] Persons aggrieved by judgment of justices may appeal to the quarter sessions 
 (7 & 8 Geo. 4, c. 53, s. 82) ; but against the judgment of the commissioners appeal must 
 be made to the barons of the Exchequer (4 Vict. c. 20, s. 26). Notice of appeal and notice 
 of trial to be given, and deposit in certain cases to be made (7 & 8 Geo. 4, c. S3, a. 83). 
 If there shall not be twenty days between giving notice and the next sessions, the appeal 
 to be to the following sessions (4 & 5 Will. 4, c. 51, s. 23). On hearing an appeal the 
 original evidence only to be examined (7 & 8 Geo. 4, c. 53, s. 84) ; but witnesses tendered 
 for examination at the original hearing may be examined on appeal (4 & 5 Will. 4, u. 51, 
 
 "•^ Digitized by Microsoft® O O 
 
562 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 statute. 
 
 InformailoD 
 and 
 Time. 
 
 By whom. 
 
 Summona 
 andSmicc, 
 or Wamnt. 
 
 HAWKERS AND PEDLARS (Note 21). 
 
 
 
 
 
 1. Persons licensed, not having their packages, 
 handbills, &c. marked with the words 
 " Licensed Hawker," and the number, 
 name or other mark or marks of distinc- 
 tion written or printed on licence. 
 
 » SO G. 3, 
 
 u. 41, 
 =.14. 
 
 On oath, 
 
 and at any 
 
 time. 
 
 Any 
 person. 
 
 Warrant 
 (s. 25, 
 
 Note 6, 
 ante, 
 
 p. 548). 
 
 [Mem. For selling by auction at other 
 than place of abode a penalty of £50 is 
 imposed by s.l ; but must be sued for 
 by action of debt (s. 24).] 
 
 
 
 
 
 2. Persons not licensed, writing, painting or 
 printed, or causing to be written, &c., or 
 keeping or continuing written, &c. upon 
 packs, &c. such words, or any other word 
 or words to that effect. 
 
 Id.s.lS. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 3. Trading without or contrary to licence. 
 
 Id.s.l7. 
 
 Id. 
 
 Id. 
 
 Id. 
 ordetaitied 
 (Notem 
 
 4. Refusing to produce and show licence, or noi 
 having same ready to show, when demanded 
 by any person authorized by commis- 
 sioners for licensing hawkers and showing 
 his authority, or by a justice, &c. or other 
 officer of the peace, or by a customs or ex- 
 cise officer, or by any person to whom 
 goods are offered for sale {Note 22)- 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 s. 24). Power of mitigation, or to state a case for the Exchequer (7 & 8 Geo. 4, c. 53, s. 84). 
 Proceedings on determination of appeal (s. 85). 
 
 17 Observation.] The penalty in this case is not incurred by the party refusing to pro- 
 duce his licence, unless on request he also refuse to tell his name, &c.(see Moltonv.Bngm, 
 4 Esp. 215). But if these be demanded of the party, it is not necessary for the person 
 demanding them to go on to ask in what place the party is assessed to the game duty, nor 
 is it necessary for him to produce his own certificate (Scarth v. Gardener, 5 Car. & P. 38). 
 Also it is not necessary that the demand should actually be made upon the land on which 
 the party is sporting j but it must be made either there or so immediately after his quitting 
 the land, that the discovery and demand may appear connected and parts of the same 
 transaction (Id.) 
 
 18 Who to convict — Forms.^ The two commissioners who receive the information and 
 issue the summons, or the one justice (being also a commissioner) who does so, must con- 
 vict (see rule 13 and Jones v. Gurdon, U L. J. (N. S.) M. C. 45 ; 2 Q. B. 600) ; and a 
 conviction of four commissioners upon a summons issued by one (not being a justice) was 
 held bad (Reg. v. Griffin, 15 L. J. (N. S.) M. C. 122 j 2 N. S. C. 368). As the proceed- 
 ings in this case relate to the revenue of taxes, they are excepted from the operation of 
 Jervis's Act, U & 12 Vict. c. 43, by s. 35 (ante, pp. 90, 91); consequently, the provisions 
 in that act as to the service of the summons (s. 1), the dispensing with a distress warrant 
 where the defendant has no goods or the distress would be ruinous (s. 19) cannot be 
 S? , *^ service must be personal {R. v. Hall, 6 Dy. & R. 84 ; R. v. Simpson, 12 Mod. 
 345 ; Mason v. Barker, 1 Car. & Ker. 307 n), and the distress warrant must issue and a 
 return ot nulla bona be made to it, before a commitment issues, the former statute, 5 Geo. 
 % c. 18, which contained a provision on the latter point, being wholly repealed ty 
 
 Digitized by Microsoft® 
 
CHAP. III.J 
 
 HAWKERS AND PEDLARS. 
 
 563 
 
 Number of 
 
 Jufiticea to 
 
 Whal 
 Justices to 
 
 If power 
 to e«nimon, 
 
 Penilt^ &c 
 
 rf Ap- 
 peal, and 
 Time 
 
 Penalty, &c 
 to whom 
 
 convict. 
 
 convict. 
 
 Witnesses. 
 
 Mode of eDforcing. 
 
 &c. ' 
 
 payable. 
 
 1 One 
 
 The same 
 
 Yes 
 
 £10 (s. 14) J — ^levied by distress, and 
 
 Yes 
 
 Half to 
 
 of the 
 
 who re- 
 
 (s. 32, 
 
 commitment to prison till levied or 
 
 (s. 27, 
 
 Crown (to 
 
 division 
 
 peived the 
 
 Note 7, 
 
 paid (s. 25), but not to be detained 
 
 Note%, 
 
 be paid to 
 
 or 
 
 informa- 
 
 ante. 
 
 in gaol for more than 3 [calendar. 
 
 ante, p. 
 
 clerk of 
 
 county, 
 
 tion. 
 
 p. 518). 
 
 13 & 14 Vict. c. 21, s. 4] months 
 
 548). 
 
 peace), and 
 
 &c. 
 
 
 
 (s. 26). 
 
 
 schedule 
 
 transmitted 
 
 to comrars. of 
 
 stamps(s.30), 
 
 and rem. to 
 
 inf. (s. 24). 
 
 2 Id. 
 
 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 Id. 
 
 3 Id. 
 
 Id. 
 
 Id. 
 
 Penalty £10 (s. 17); -recovered as 
 Offence 1. 
 
 Id. 
 
 Id. 
 
 4 Id. 
 
 Id. 
 
 Id. 
 
 Penalty £10;— recoverable by dis- 
 tress (ss. 17, 25); — and for non-pay- 
 ment to suffer as a common vagrant, 
 and be committed to house of cor- 
 rection (s. 17) [for not exceeding 1 
 calendar month and hard labour 
 (5 Geo. 4, u. 83, ». 3)]. 
 
 Id. 
 
 Id. 
 
 11 & 12 Vict. c. 43, s. 36, ante, p. 89, Note 2- Vide Oke's " Formulist," 2nd edit. pp. 248, 
 249, for Forms of Information, &c. 
 
 19 Witnesses.^ If the person summoned, either on the part of the prosecution or the 
 accused, neglect or refuse to appear, without reasonable excuse, penalty £10, recovered as 
 other penalties. 
 
 20 jippeal.^ To the next general quarter sessions for the county, riding or division, 
 upon giving security to the amount of double the penalty. 
 
 21 Observations — Forms.^ A hawker, pedlar, or petty chapman, must be a person "going 
 from town to town," or to other men's houses, and travelling either on foot or with horses 
 or otherwise carrying to sell, or exposing to sale, any goods, wares or merchandize (s. 6). 
 A person sending his own goods, &c. to a town not his residence, and there selling them 
 would be liable to the penalty for trading without a hawker's licence (Dean v. King, 4 B. 
 & A. 517; Attorney-General v. Tongue, 12 Price, 51; Attorney-General v. Woolhouse, 1 
 Young & J, 463 ; R. v. Turner, 4 B. & A. 510). An auctioneer in like manner sending 
 and selling his own goods would he liable to the penalty under s. 7 (iJ. v. Turner, supra) ; 
 but if they are not his, it is doubtful whether he would be liable to the penalty for Offence 5 
 (12 J. P. 750). Vide ss. 5, 23, as to sales in markets and fairs, &c., and as to the trades and 
 persons exempted from obtaining a licence, and 52 Geo. 3, o. 108, ss. 1, 2, as to whoJesa'e 
 traders in lace, &c. ; and see Reg. v. Henry, 19 J. P. 133. For the form of conviction 
 given by the act, as well as description of Offences, vide Oke's " formulist," pp. 249 — 251, 
 2nd edit. 
 
 22 Apprehension of Offender.^ Any person may seize a hawker refusing or neglecting 
 to produce his licence, or trading without one, and deliver him to » peace officer to be 
 taken before a justice (s. 20). 
 
 Digitized by Microsoft® 
 
564 
 
 Summary Convictions, 
 
 [part 1. 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 PAWNBROKERS. 
 
 1. If any person by or under this act or the 19 & 20 
 several acts [25 Geo. 3, c. 48, 5b Geo. 3, Vict 
 c. 184, and 39 & 40 Geo. 3, c. 99], or any c. 27 
 of them, declared or deemed to be a person s. 2, 
 using and exercising the trade or business 
 of a pawnbroker, shall neglect or omit to 
 take out the proper licence in that behalf 
 [see Note 198, ante, p. 430, as to who are 
 pawnbrokers]. 
 
 POST HORSES. 
 
 [N.B. The penalties under this act, 2 l; Z 
 Will. 4, c. 120, are repealed by the 
 16 4^ 17 ^'C*. c. 88, abolishing the mile- 
 age duty on horses let to hire, but the 
 following are the offences in the new actA 
 the penalties for which are recoverable 
 under the 2 ^ S Will. 4, c. 120.] 
 
 InformatioD 
 aud 
 Time, 
 
 Not on 
 
 oath, and 
 
 at any 
 
 time. 
 
 By whonv. 
 
 Officer of 
 inland 
 
 SummonB 
 and Service, 
 or Warrant. 
 
 Summons 
 personal. 
 
 Persons licensed not making a true and par- 
 ticular entry in writing of every stable, 
 coachhouse, shed, or other building, in 
 which he shall keep or intend to keep any 
 horse or carriage to let for hire, 
 or 
 
 Not delivering such entry to the proper offi- 
 cer of excise. 
 
 8. Letting any horse for hire without having 
 obtained a proper licence, — 
 or 
 
 4. Any person at one time keeping to be let 
 for hire a greater number of horses or car- 
 riages than authorized by licence. 
 
 POST OFFICE. 
 
 1. Js to Ship Letters."] Person to whom letters 
 
 entrusted by master of vessel to bring on 
 
 shore, breaking the seal or in any manner 
 
 wilfully opening same, 
 
 or 
 
 2. Master of a vessel (not having been able to 
 
 send his letters ashore previously to his 
 arrival at port where vessel is to report 
 breaking bulk or making entry before let- 
 ters on board sent to post office, 
 or 
 
 3. Neglecting or refusing to deliver to person 
 
 appointed to superintend quarantine all 
 letters in his possession. 
 
 16 & 17 
 Vict, 
 u. 88, 
 ». 14. 
 
 Id. 
 (Wo*e 23)- 
 
 Id. s. 15. 
 
 * 1 Vict, 
 c. 36, s. 6. 
 
 Id. 
 
 Solicitor, 
 
 or other 
 
 officer of 
 
 inland 
 
 revenue 
 
 (16 & 17 
 
 Vict. 
 
 c. 88, 
 
 ,16). 
 
 Id. 
 
 Not on 
 oath, and 
 
 within a 
 vear(s. 24, 
 ' Note 3, 
 
 ante, p. 
 546). 
 
 Summons 
 (2&3 
 Will 4, 
 u 120, 
 ». 103), 
 
 personal or 
 at resi- 
 dence 
 (s. 109). 
 
 Id. 
 
 Any 
 person. 
 
 Summons 
 
 or at 
 
 residence 
 
 (s.18), 
 
 23 Recovery of Penalties — Time — Forms.'] The penalties under this act are recovered 
 under the unrepealed provisions of the 2 & 3 Will. 4, c. 120. The latter act gives general 
 forms of information, summons, conviction, warrant of distress and commitment in default 
 Digitized by Microsoft® 
 
CHAP. III.] PAWNBROKERS— POST OFFICE. 
 
 565 
 
 Numher of 
 
 ' to summon. 
 
 Penalty, &c. 
 
 If Ap- 
 peal, and 
 
 Penalty, &c. 
 to whom 
 
 Justice to 
 
 Juitices to '° 8"mmon, 
 
 and 
 
 Time 
 
 convict. 
 
 convict. 
 
 Vfitnesses. 
 
 Mode of enforclnif. 
 
 &c. 
 
 payable. 
 
 1 One. 
 
 Any. 
 
 No. 
 
 Forfeit the sum of igSO, vfhich may he 
 mitigated to not less than one-fourth 
 thereof (s. 2); — levied by distress 
 (s. 26 of 39 & 40 Geo. 3, c. 99). 
 
 Yes. 
 
 Her Majesty. 
 
 1 J One. 
 
 Any of the 
 
 Yes 
 
 For every unentered stable, &c. £100 
 
 Yes 
 
 Her Majesty 
 
 2i 
 
 division 
 
 (2 &3 
 
 (s. 14); — ^may be mitigated to not 
 
 (2 & 3 
 
 (3&4W.4, 
 
 
 or county. 
 
 Will. 4, 
 
 less than one-fourth, exclusive of 
 
 Will. 4, 
 
 0. 48, s. 6). 
 
 
 &c. 
 
 c. 120, 
 
 costs (2 & 3 Will. 4, c. 120, s. 105); 
 
 c. 120, 
 
 
 
 
 s. Ill, 
 
 — with costs levied by distress ; — 
 
 s. 103, 
 
 
 
 
 Note 
 
 if insufficient, impr. by convicting 
 
 Note 
 
 
 
 
 24). 
 
 justice in county gaol or house of 
 correction for not less than 3 cal. 
 m. and not exc. 6 cal. m., unless 
 sooner paid. (Id. s. 103, see Note 
 
 230 
 
 25). 
 
 
 3\ Id 
 4/ 
 
 Id. 
 
 Id. 
 
 £100 (s. 15);— recovered as Offences 
 
 Id. 
 
 Id. 
 
 • 
 
 
 1,2. 
 
 
 
 1\ One 
 
 3/ (s. 
 
 Any of the 
 
 Yes 
 
 £20 (s. 6); — may be mitigated (s. 14) ; 
 
 Yes 
 
 Ifproceeding 
 
 division or 
 
 (s. 20, 
 
 — levied by distress, with costs, by 
 
 (s. 13, 
 
 in name of 
 
 13). 
 
 county, &c. 
 
 Note 
 
 warrant of convicting justice ; —if 
 
 Note 
 
 Att-Gen. or 
 
 
 
 26, 
 
 insufficient, imprisonment by same 
 
 27, 
 
 Sol., or other 
 
 
 
 post. 
 
 justice in common gaol or house of 
 
 post, 
 
 officer of post 
 
 
 
 p. 566). 
 
 correction for not less than 3 calen- 
 dar months and not exceeding 6, 
 unless sooner paid (s. 13). 
 
 {See Note 28, P»'t> V- ^66, as to when 
 costs can be allowed to a defendant^] 
 
 p.566). 
 
 office, to H. 
 M.; if other- 
 wise, one 
 moiety to 
 H. M. and 
 the other 
 moiety to 
 informer 
 (s. 15). 
 
 of distress. Vide Oke's " FormuUst," 2nd edit pp. 251—253. 
 
 24 Witnesses.'\ This is similar to that in Note 4, o«'e, p. 547. 
 
 25 Appeal.l This is similar to that in Note 5, ante, p. 547. 
 
 ■' Digitized by Microsoft^ '^ 
 
566 
 
 Summary Convictions. 
 
 [part I, 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 statute. 
 
 iDfonnatiou 
 and 
 Time. 
 
 B^whom. 
 
 SummoDB 
 and Service, 
 or ttarraot. 
 
 POST OFFICE— conKMiied. 
 
 
 
 
 
 4. Master, officers or crew, or passengers, 
 knowingly having letters in their posses- 
 sion (whether in their luggage or on their 
 persons, or otherwise in their custody), not 
 exempted from postage, after master has 
 sent any part of his ship's letters to post 
 office. 
 
 *] Vict. 
 :. 36, s. 3. 
 
 Not on 
 oath, and 
 within a 
 
 year 
 (s. 24), 
 Note 3, 
 
 ante, 
 p. 546. 
 
 Any 
 person. 
 
 Summons 
 personal, 
 
 or at 
 
 residence 
 
 (s. 18). 
 
 5. Any person detaining any such letter {vide 
 Oft'ence 4), after demand made, either by 
 the officer of the customs, or by a person 
 authorized by the postmaster-general to 
 demand ship's letters. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 6. Misconduct qf Persons in conveying Letters.'] 
 Whilst employed, leaving a post letter bag 
 or a post letter. 
 
 Id. s. 7. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 or 
 
 
 
 
 
 7. Suffering any person, not being the guard 
 or person employed, to ride in place ap- 
 pointed for guard, in or upon any carriage 
 used for conveyance of bags or tetters, or 
 to ride on carriage not licensed to carry 
 passengers, or upon a horse used for con- 
 veyance of letters, &c. 
 
 
 
 
 
 8. Guilty of any act of drunkenness, or care- 
 lessness, negligence or other misconduct, 
 whereby the safety of bags or letters are 
 endangered, 
 
 or 
 
 9. Collecting or receivil^, or conveying or 
 delivering, a letter otherwise than in the 
 ordinary course of the post, 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 
 
 
 
 or 
 
 
 
 
 
 26 Wttnesses.'] This is the same as Note 4> ante, p. 547. 
 
 27 jlppeal.}. This is the same as Note g, ante, p. 547. 
 
 28 Costs to Defendant.} Where the information shall be exhibited by a person other 
 than an officer of the post office, and shall afterwards be withdrawn, or quashed or fcrnissed, 
 or the defendant acquitted, the justice may order that the informer, or person exhibiting the 
 information, shall pay to the defendant such costs of maiKng or preparing for hiff-d«faicej 
 and also such compensation for his loss of time amd for the timeofihis witnesses (if ai^)!" 
 
 Digitized by Microsoft® 
 
CHAP. 111.] 
 
 POST OFFICE. 
 
 567 
 
 Number of 
 JiiRtfcesto 
 
 What 
 Jilsticeg to 
 
 It power 
 to summon, 
 
 Penalty, 4c. 
 and 
 
 If Ap- 
 peal, and 
 Time, 
 
 Penalty, &c. 
 to wliom 
 
 CODVICU 
 
 convict. 
 
 Witnesses. 
 
 Mode of enforcing. 
 
 &c. 
 
 payable. 
 
 4 One 
 
 Any of the 
 
 Yes 
 
 For every letter £5 (s. S)s— maybe 
 
 Yes 
 
 If proceed- 
 
 (s. 13). 
 
 division or 
 
 (s. 20, 
 
 mitigated (s. 14); — levied by dis- 
 
 (s. 13, 
 
 ing in name 
 
 
 county, &c. 
 
 Note 
 
 tress, by warrant of convicting jus- 
 
 Note 
 
 of Att.-Gen. 
 
 
 
 26)- 
 
 tice, with costs i — if insufficient, 
 impr. by same justice in C. G. or 
 H. of C. for not less than 3 cal. m 
 nor exc. 6, if the full penalty im- 
 posed by this act for the offence be 
 £20, or for not exc. 3 cal. m. if not 
 amounting to £20, unless sooner 
 paid (s. 13, Note 3, ante, p. 546, and 
 
 28). 
 
 27). 
 
 or Sol, or 
 other officer 
 of post office, 
 to H. M. ; if 
 
 otherwise, 
 
 one moiety 
 
 to H. M. and 
 
 the other 
 
 moiety to inf. 
 
 (s. 15). 
 
 5 Id. 
 
 Id. 
 
 Id. 
 
 For every letter £10 (s. 3) ;— may be 
 mitigated (s. 14) ;— recovered as in 
 Offence 4, supra. 
 
 Id. 
 
 Id. 
 
 6 1 Id. 
 
 Id. 
 
 Id. 
 
 £20 ( s. 7) ;— may be mitigated (s. 14) ; 
 
 Id. 
 
 Id. 
 
 75 
 
 
 
 — levied, with costs, by distress, and 
 imprisonment in default, as Offence 
 4, supra. 
 
 [Forms of Statements of Offences, Oke's 
 "Formulist," 2hd edit, p. 255.] 
 
 
 
 8 ) Id. 
 
 9l 
 
 Id. 
 
 Id. 
 
 £20 (s. 7) ;— may be mitigated (s. 14) ;' 
 
 Id. 
 
 Id. 
 
 
 
 — levied, with costs, by distress, &c. 
 
 
 
 
 
 
 as Offences 1 — 3, supra. 
 
 
 
 
 
 
 [Vide Note 3, ante, p. 546, as to Forms, 
 
 
 
 
 
 
 and 28> as to when costs may be al- 
 
 
 
 
 
 
 lowed to a defendant. Forms of state- 
 
 
 
 
 
 
 ments of offences, Oke's "Formulist," 
 
 
 
 
 
 
 2nd edit., p. 255.] 
 
 
 
 aittending such justice touching such information or complaint, as to such justice shall seem 
 reasonable ;^and in default of inJmediate payment thereof, the justice may cause the same 
 to be levied by distress and sale of the goock of the person ordered to pSy the same, with 
 costs of distress ; — ^if goods insufficient, justice may commit such person to the common gaol 
 or house of correction for not exceeding one calendar month, unless same And costs be 
 sooner paid (s. 17). 
 
 Digitized by Microsoft® 
 
568 
 
 Summary Convictions. 
 
 [part I, 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 POST OVSICE.— continued. 
 
 10. Giving any false information of an assault 'l Vict 
 or attempt at rotbery upon him, c. 36, ». 7 
 
 11. Loitering on the road or passage, or wil- 
 fully misspending his time so as to retard 
 or delay the progress or arrival of bags or 
 letters, or not using due and proper care 
 and diligence safely to convey bags or 
 letters at the appointed speed. 
 
 iDformatloD I 
 
 and By whom. 
 
 Time. 
 
 12. Conveying Letters otherwise than by Post.l 
 Conveying otherwise than by post a 
 letter not exempted from postage, 
 
 or 
 
 13. Performing, otherwise than by the post, 
 
 any services incidental to conveying letters 
 from place to place, whether by receiving, 
 taking, collecting, ordering, dispatching, 
 carrying, recarrying or delivering a letter 
 not exempt, 
 or 
 
 14. Sending a letter not exempt from postage 
 
 otherwise than by post, or causing a letter 
 not so exempt to be sent or conveyed 
 otherwise than by post. 
 
 15. Tendering or delivering a letter not so 
 
 exempt in order to be so sent, 
 or 
 
 16. Making a collection of exempted letters for 
 the purpose of conveying or sending them 
 otherwise than by post or by post. 
 
 17. -lis to Seamen's or Soldier's Letters."] Person 
 having command of a ship or regiment 
 wilfully writing his name upon a letter not 
 from and on the private concerns only of 
 such seamen or soldier privileged, 
 
 or 
 
 18. Person, not having such command, writing 
 his name upon a letter in order that the 
 same might be sent at a lower rate of 
 
 19. 
 
 Any person procuring a seaman or soldier 
 to obtain signature of commanding officer 
 to a letter not on soldier's or seaman's 
 private concerns. 
 
 Not on 
 oath, and 
 
 within a 
 year (s. 24 
 
 Note 3, 
 
 ante, p. 
 546). 
 
 Id. s. 2. 
 
 Id. 
 
 Summons 
 and Service, 
 or Warrant. 
 
 Any 
 person. 
 
 Summons 
 personal, 
 
 or at 
 
 residence 
 
 (6. 18). 
 
 Id. 
 
 Id. 
 
 Id. s. 4. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Digitized by Microsoft® 
 
CHAP. 111.] 
 
 POST OFFICE. 
 
 569 
 
 Number of 
 Justices to 
 
 What 
 Justices to 
 
 If power 
 siimmoi], 
 
 Penalty, &c. 
 ana 
 
 If Ap- 
 peal, and 
 Time. 
 
 Penalty, &c. 
 to wfiom 
 
 convict. 
 
 convict. 
 
 Wltaeases. 
 
 Mode of enforcing. 
 
 Sic. 
 
 payable. 
 
 10 ) One 
 
 11 } (s. 
 
 Any of the 
 
 Yes 
 
 £20 (s. 7) ;— may be mitigated (s. 14) ; 
 
 Yes 
 
 If proceed- 
 
 division or 
 
 (s. 20, 
 
 — levied, with costs, by distress, by 
 
 (s. 13, 
 
 ing in name 
 
 13). 
 
 county, &c. 
 
 Note 
 
 warrant of convicting justice j— if 
 
 Note 
 
 of Att.-Gen. 
 
 
 
 26). 
 
 insufficient, Imprisonment by same 
 justice in common gaol or house of 
 correction for not less than 3 calen- 
 dar months and not exceeding 6, 
 unless sooner paid (s. 13). 
 
 [Vide Note 3, ante, p. 546, as to Forms, 
 and 28i "» to when costs may be al- 
 lowed to a defendant. Forms of state- 
 ments of offences, Oke's " Formulist," 
 2Tid edit., p. 265.'] 
 
 27)- 
 
 or Sol., or 
 other officer 
 of post office, 
 to H. M., if 
 
 otherwise, 
 
 one moiety 
 to H. M. and 
 
 the other 
 
 moiety to inf. 
 
 (s. 15). 
 
 121 Id. 
 16/ 
 
 Id. 
 
 Id. 
 
 For every letter £5 (s. 2);— may be 
 
 Id. 
 
 Id. 
 
 
 
 mitigated (s. 14) ; — with costs, le- 
 
 
 
 
 
 
 vied by distress, by warrant of con- 
 
 
 
 
 
 
 victing justice ; — if insufficient. 
 
 
 
 
 
 
 imprisonment by same justice in 
 
 
 
 
 
 
 common gaol or house of correction 
 
 
 
 
 
 
 for not less than 3 calendar months 
 
 
 
 
 
 
 nor exceeding 6, if the full penalty 
 
 
 
 
 
 
 imposed by this act for the offence 
 
 
 
 
 
 
 be jJ20 i or for not exceeding 3 
 
 
 
 
 
 
 calendar months if not amounting 
 
 
 
 
 
 
 to £20 (s. 13). 
 
 
 
 
 
 
 [Vide Note 3, ante, p. 546, as to Forms, 
 
 
 
 
 
 
 and 28> "^ to when costs may be al- 
 
 
 
 
 
 
 lowed to a d^endant.J 
 
 
 
 17\ Id 
 19/ 
 
 Id. 
 
 Id. 
 
 For every such offence forfeit £5 (s. 4); 
 
 Id. 
 
 Id. 
 
 
 
 , — may be mitigated (s. 14); —levied, 
 
 
 
 
 
 
 with costs, by distress, by warrant ol 
 
 
 
 
 
 
 convicting justice ; — if insufficient, 
 
 
 
 
 
 
 imprisonment by same justice in 
 
 
 
 
 
 
 common gaol or house of correction 
 
 
 
 
 
 
 for not less than 3 calendar months, 
 
 
 
 
 
 
 nor exceeding 6, if the full penalty 
 
 
 
 
 
 
 imposed by*this act for the offence 
 
 
 
 
 
 
 be i630 J or for not exceeding 3 
 
 
 
 
 
 
 calendar months if not amounting 
 
 
 
 
 
 
 to £20 (s. 13). 
 
 
 
 Digitized by Microsoft® 
 
570 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences to which the 11 & 13 Vict. c. 43, 
 does not extend. 
 
 statute. 
 
 Information 
 and 
 Time. 
 
 Bj whom. 
 
 SutnnonB 
 of Warrant! 
 
 POST OFFICE— continued. 
 
 
 
 
 
 20. The soldier or seaman obtaining such sig- 
 
 nature, 
 or 
 
 21. Wilfully addressing a letter to a seaman or 
 
 soldier, intended for another person, or 
 concerning the business of another person, 
 with intent to evade postage. 
 
 • 1 Vict, 
 c. 36, s. 4. 
 
 Not on 
 
 oath, and 
 
 within a 
 
 year (s. 24, 
 
 Note 3, 
 
 ante, 
 p. 546). 
 
 Any 
 person. 
 
 Summons 
 personal, 
 
 or at 
 
 residence 
 
 (s. 18). 
 
 22. With intent to evade postage, falsely super- 
 scribing a letter as being the owner or 
 charterer or consignee of a vessel convey- 
 ing the same, or as the owner or shipper* 
 or consignee of goods shipped in such 
 vessel. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 23. Writing, S^c. in Newspapers sent hy Post.' 
 Inclosing or causing or procuring to be 
 inclosed, in a newspaper to be sent by 
 post, or under the cover thereof, any letter 
 paper or thing, 
 
 or 
 
 24. Printing, or caused to be printed, any 
 words or communication, either upon news- 
 paper after publication, or cover, or putting, 
 or causing to be put, any writing or marks, 
 'either upon the newspaper or cover, other 
 than the name and address of person to 
 whom sent, 
 
 Id. s. 5. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 
 
 
 
 25. Knowingly sending, or causing to be sent 
 by the post, or delivering or tendering in 
 order to be so sent, a newspaper in respect 
 of which any one of the Offences, 23, 24 
 has been committed. 
 
 
 
 
 
 26. Jbettors.} Aiding, abetting or counselling 
 or procuring the commission of any offence 
 
 Id.s.H. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 27. Removing postage stamps and impressions 
 from letters, &c. with intent to use, oi 
 fraudulently using, them again, see 3 & 4 
 Vict. t. 96, s. 23. 
 
 
 
 
 
 Digitized by Microsoft® 
 
CHAP. III.] 
 
 POST OFFICE. 
 
 571 
 
 Number of 
 Justices to 
 
 What 
 Justices to 
 
 If power 
 
 to summon, 
 
 &c 
 
 Penalty, &c. 
 and 
 
 IfAp. 
 
 peal, aud 
 Time, 
 
 Penaity, &c. 
 10 whom 
 
 convict. 
 
 coovict. 
 
 Witnesses. 
 
 Mode of enforcing. 
 
 &c. 
 
 payable. 
 
 20 \ One 
 
 21/ (s. 
 
 Any of the 
 
 Yes 
 
 For every snch offence to forfeit £5 
 
 Yes 
 
 If proceed- 
 
 division or 
 
 (s. 20, 
 
 (s. 4) ; — may be mitigated (s. 11) ; — 
 
 (s. 13, 
 
 ing in name 
 
 13). 
 
 county. 
 
 Note 
 
 levied, with costs, by distress, by 
 
 Note 
 
 of Att.-Gen. 
 
 
 &c. 
 
 26). 
 
 warrant of convicting justice ; — if 
 insufficient, imprisonment by same 
 justice in common gaol or house of 
 correction for not less than 3 cal. m. 
 nor exc. 6, if the full pen. imposed 
 by this act for the offence be £20 ; 
 or for not exc. 3 cal. m. if not 
 amounting to £20 (s. 13). 
 'Vide Note §, ante, p. 546, as to Forms, 
 and 28. 0* '0 wlien costs may be al- 
 lowed to a defendant.'] 
 
 27). 
 
 or Solicitor, 
 
 or other 
 officer of post 
 office, to H. 
 M. ; if other. 
 
 wise, one 
 moiety to H. 
 M., and the 
 other moiety 
 to inf. (s. 15). 
 
 22 Id. 
 
 Id. 
 
 Id. 
 
 £10 (s. 4) ; — mitigation and recovery 
 as Offences 20, 21, supra. 
 
 [Vide tfie Notes there referred to.] 
 
 Id. 
 
 Id. 
 
 23\ Id. 
 25/ 
 
 Id. 
 
 Id. 
 
 Forfeit treble the duty of postage, 
 
 Id. 
 
 Id. 
 
 
 
 computed by weight and by dis- 
 
 
 
 
 
 
 tance, as if the paper were a letter, 
 
 
 
 
 
 
 and recoverable as postage [«. e. by 
 
 
 
 
 
 
 distress, and if insufficient, commit- 
 
 
 
 
 
 
 ment to prison until debt and ex- 
 
 
 
 
 
 
 penses satisfied (s. 43)] ; — or (ex- 
 
 
 
 
 
 
 cept in cases where newspapers shall 
 
 
 
 
 
 
 have only marks thereon, and not 
 
 
 
 
 
 
 writing) at the option of Postmaster- 
 
 
 
 
 
 
 General prosecuted as for a misde- 
 
 
 
 
 
 
 meanor (s. 5). 
 
 
 
 
 
 
 [Mem. The 10 ^ 11 rict. c. 85, s. 5, 
 
 
 
 
 
 
 contains a power for the Postmaster- 
 
 
 
 
 
 
 General {with consent of Treasury) to 
 
 
 
 
 
 
 allow writing or marks, 8;c. in addi- 
 
 
 
 
 
 
 tion to the direction, to be put' on 
 
 
 
 
 
 
 printed newspapers ; which may then 
 
 
 
 
 
 
 be sent either free of postage, or sub- 
 
 
 
 
 
 
 ject to such rates as the Postmaster- 
 
 
 
 
 
 
 General {with consent of Treasury) 
 
 
 
 
 
 
 shall from time to time direct. The 
 Postmaster-General's orders, made in 
 pursuance of this statute, require a 
 penny postage stamp to be affixed on 
 all newspapers.] 
 
 
 
 26 Id. 
 
 Id. 
 
 Id. 
 
 The same forfeiture and punishment 
 as a principal offender (s. 11). 
 
 Id. 
 
 The like as 
 
 E . 
 
 
 
 
 principal. 
 
 Digitized by Microsoft® 
 
572 
 
 Summary Convictions. 
 
 [PAKT I. 
 
 Offences to which the 11 & 12 Vict.c. 43, 
 does not extend. 
 
 RACE-HORSES {Note 29). 
 
 1. Owner, trainer or other person having charge 
 
 of any race-horse neglecting or omitting 
 to pay the duty for such horse to the re 
 ceiver previously to the starting or runningi 
 of such horse. 
 
 2. Receiver of race horse duty refusing or neg- 
 
 lecting to do or perform any act, matter or 
 thing required of him by or under the 
 authority of this act, 
 
 3. Doing, or permitting or suffering to he done 
 any act, matter or tiling contrary in any 
 respect to any injunction or direction 
 herein contained (see Note 29). 
 
 SMUGGLING. See title " Customs," Offences 
 32 to 46, ante, p. 554; — 558. 
 
 STAGE COACHES. 
 
 J . On applying for licence, not stating truly the 
 name of the owner of the coach. 
 
 [Mem. Using a false and fictitious descrip- 
 tion, name, S^c. as the proprietor is an in- 
 dictable misdemeanor, punishable by fine 
 or imprisonment (s. 10).j 
 
 Using stage coach without licence or with- 
 out the numbered plates fixed thereon, — 
 or after notice of the plates being recalled. 
 
 3. The like, under. 
 
 20 Vict, 
 c. 16, 
 s. 1. 
 
 Id. ». 6. 
 
 Information 
 and 
 Time. 
 
 *2&3 
 
 Will. 4, 
 
 c. 120, 
 
 s. 9. 
 
 Id.s.27. 
 
 5& 6 
 Vict, 
 c. 79, 
 s. 14. 
 
 As excise 
 penalties 
 (19&20 
 Vict. c. 20, 
 B. 3). 
 
 By whom. 
 
 Not on 
 oath, and 
 at any time 
 {Note 30). 
 
 Id. 
 
 Id. 
 
 Solicitor 
 or other 
 ofiBcer of 
 inland 
 revenue. 
 
 Id. 
 
 Id. 
 
 Summons 
 and Serrice, 
 or Warranl, 
 
 Summons 
 (s. 103), 
 personal, 
 or at resi- 
 dence, or 
 left with 
 book- 
 keeper 
 (s. 109). 
 
 Id. 
 
 Id. 
 
 29 Duties of the Receiver of Race-horse Huty.'] The duty of £3 ; lis. for each horse, 
 for the year ending on the 5th of April next after the day on which the horse shall start or 
 run, " for any plate, prize or sum of money, or other thing," is to be paid to the receiver 
 of race-horse duty previously to the starting of the race-horse (20 Vict. c. 16, s. 9). The 
 receiver to give receipt for duty on the printed form supplied, and fill up and keep the 
 counter-foil (s. 3). The receiver to be accountable for forms of receipts and counter-foils 
 supplied to him, and to produce same on request to officer of Inland Revenue (s. 4), to 
 give security and pay over monies received to Collector of Inland Revenue, for which he 
 is to receive an allowance of Is. in the pound (s. 5). The definition of " race-horse" is 
 given in 19 & 20 Vict. u. 82, s. 12. 
 
 Digitized by Microsoft® 
 
CHAP. III.] RACE-HORSES— STAGE COACHES. 
 
 573 
 
 Number of 
 
 JuBlices to 
 
 convict. 
 
 1 As 
 excise. 
 
 2\ Id. 
 3/ 
 
 What 
 Justices to 
 
 COQViCt. 
 
 If power 
 to summon, 
 
 WltneEses. 
 
 As excise. 
 
 Id. 
 
 1 One. 
 
 2 Id. 
 
 3 Id. 
 
 Any of the 
 division or 
 county, &o 
 
 Id. 
 
 Id. 
 
 Penalty, &c. 
 
 and 
 
 Mode of euforclnET. 
 
 £50 (19 & 20 Vict. c. 82 ; 20 Vict, 
 c. 16, s. 1) ; recovered as excise 
 penalties (see s. 3 and Note \Q. 
 ante, p. 560). 
 
 i650 (s. 6) ; recovered as excise pe 
 nalties (see 19 & 20 Vict. o. 82, 
 s. 3 and Note 16, ante, p. 560). 
 
 Yes 
 
 (s. Ill, 
 
 Note 
 
 31). 
 
 Id. 
 
 Id. 
 
 If Ap- 
 peal, and 
 Time, 
 
 4c. 
 
 Penally, Sec, 
 to wnoni 
 payable. 
 
 iglO (s. 9) j — may be mitigated to not 
 less than one-fourth, exclusive of 
 costs (s. 105) ; with costs, levied by 
 distress; — if insufficient, impr. by 
 convicting justice in C. G. or H. of 
 C. for not less than 1 month and 
 not exc. 3 months, unless sooner 
 paid (s. 103). 
 
 £20 (s. 27) ;— recovered as supra, but 
 impr. for not less than 3 nor more 
 than 6 m. in default. 
 
 Proprietor to forfeit aglO (s. 14) ;— 
 recovered as OiFence 1, supra. 
 
 As excise. 
 
 Id. 
 
 Yes 
 
 (s. 103, 
 
 Note 
 
 32). 
 
 Id. 
 
 Id. 
 
 Her 
 
 Majesty 
 (3&4Will.4., 
 c. 48, s. 6). 
 
 Id. 
 
 Id. 
 
 30 Recovery of Penalties — Time — Forms — Owner liable, for Driver's Penalties,'] The 
 Note 23i ante, p. 564, tit " Post Horses," is here applicable. The penalties created by 
 5 & 6 Vict. c. 79, and 3 8i 4 Will. 4, c. 48, are levied under the provisions of 2 & 3 Will. 
 4, c. 120. Vide sect 18 of 5 & 6 Vict. c. 79, and s. 5 of 3 & 4 Will. 4, c. 48. By s. 49 of 
 the 2 & 3 Will. 4, c. 120, where the driver committing an offence is unknown, or if known 
 cannot be found, the proprietor of the carriage is liable to the penalty as if he had been the 
 driver ; but if it be proved to the justice's satisfaction, that he was not privy to the driver's 
 offence, the proprietor is to be discharged, and the penalty levied on the driver. 
 
 31 Witnesses,} The like. Note 24- 
 
 32 Appeal.} The like, Note 25- 
 
 Digitized by Microsoft® 
 
574 
 
 Summary Convictions. 
 
 [PAHT I. 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 statute. 
 
 Tnfonnation 
 and 
 Time. 
 
 By w4oni. 
 
 Snmmoni 
 and Senia, 
 orWaranl. 
 
 STAGE CO KCYL'ES— continued. 
 
 
 
 
 4. Using carriage contrary to licence, — or fix- 
 ing to it a plate differing in number from 
 that mentioned in licence. 
 
 2&3 
 
 Will. 4, 
 c. 120, 
 s. 28. 
 
 Not on 
 oath, and 
 at any time 
 {Note 30). 
 
 Solicitor 
 or other 
 officer 
 of inland 
 revenue. 
 
 Summons 
 
 (s. 103) 
 
 personal, 
 
 or at resi. 
 
 dence, or 
 
 left with 
 
 book- • 
 
 keeper 
 
 (s. 109). 
 
 5. Driver of carriage plying for passengers not 
 having plates affixed (and see 5 & 6 Vict, 
 u. 79, s. 11). 
 
 Id. s. 30. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 6. Obstructing officer in seizing plates not 
 given up at the expiration of the licence, — 
 or had or used without a licence,— or after 
 they are recalled. 
 
 Id.s.33. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 7. Using a stage carriage without the number 
 of the owner thereon, — or the number of 
 passengers,— or having the same defaced. 
 
 Id. s. 36. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 8. Carrying outside passengers on carriage in 
 cases prohibited (see the section). 
 
 Id. s. 87. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 9. Driver allowing luggage on the roof to a 
 greater height than allowed. 
 
 Id. s. 43. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 10. Driver refusing to allow carriage and lug- 
 gage to be measured and passengers 
 counted. 
 
 Id. s. 45. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 11. Tollgate keeper refusing to measure the 
 carriage and luggage, or count the pas- 
 sengers. 
 
 Id.s.4S. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 12. Refusing to allow seats to be measured 
 [see Note 33 as to length of seat for each 
 passenger.] 
 
 5&6 
 Vict, 
 c. 79, 
 S.16. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 13. Driver, conductor and guard of stage 
 carriage conveying more passengers than 
 allowed. 
 
 Id. s. 17, 
 and2&3 
 
 Will. 4, 
 u. 120, 
 ».41. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 33 Length of Seat for each Passenger.'] Sect. 17 of the 5 & 6 Vict. c. 79, contaM 
 various regulations as to the number of passengers to be taken on the inside and outside 
 of stage carriages ; and see also 3 & 4 Will. 4, c. 48, s. 3 j— and by s. 13 of 5 & 6 Vict. c. 
 79, no such carriage shall carry a greater number than the same "will contain atone 
 time, upon fit and proper seats_provided therein or thereupon for that purpose, allowing 
 Digitized by Microsoft® • ^ ^ 
 
CHAP. III.] 
 
 STAGE COACHES. 
 
 575 
 
 Number of 
 Justices to 
 convict. 
 
 What 
 
 Juatires ta 
 
 convict. 
 
 If power 
 to snmmon, 
 
 tic. 
 Witnesses. 
 
 4 One. 
 
 5 Id. 
 
 6 Id. 
 
 7 Id. 
 
 8 Id. 
 
 9 Id. 
 
 10 Id. 
 
 11 Id. 
 
 12 Id. 
 
 13 Id. 
 
 Any of the 
 division or 
 county, &c, 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Yes 
 
 (s.111, 
 Note 
 
 31)- 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 £20 J— recovered as Offence 2. 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 If owner, |g20 ;— and recovered as 
 
 Offence 3. 
 If not theowner, £10 ;— and recovered 
 
 as Offence 1. 
 
 £20 i— recovered as Offence 2. 
 
 £5 ; — ^recovered as Offence 1. 
 
 Yes 
 
 (s. 103 
 
 Note 
 
 32). 
 
 Id. 
 
 Id. 
 
 The like. 
 
 The like. 
 
 [Form No. 1, Oke's " Formulist," 2nd 
 ed., p. 256.] 
 
 The like penalty. 
 [Forms Nos. 2 & 3, Oke's " Formu- 
 list," 2nd ed. p. 256.] 
 
 The like penalty. 
 [Form No. 4, Oke's "Formulist," 2nd 
 ed., p. 256.] 
 
 The like penalty. 
 
 £5 J — recovered as Offence 1. 
 
 Penally, &c. 
 to whnni 
 payable. 
 
 Her 
 
 Majesty 
 
 (3&4.Will.4., 
 
 c. 48, s. 6). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 for every passenger, on an average, upon each and every separate seat, a space con- 
 venient for sitting thereon of sixteen inches, measuring in a straight line lengthwise 
 on the front of such seat." A constable or passenger may measure the seats (Id. 
 s. 16). 
 
 Digitized by Microsoft® 
 
576 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 Informatioa 
 and 
 Time. 
 
 By whom. 
 
 Summons 
 and Service, 
 or Warrant, 
 
 STAGE COACHES— coB«naeii. 
 
 14. Carrying more passengers than specified on 
 the outside of the carriage. 
 
 15. Driver quitting the box before a fit person 
 is at the head of the horses, 
 
 16. Such person leaving the heads of the horses 
 before another is in charge of them, 
 
 or 
 
 17. Driver permitting passenger to drive. 
 
 18. Driver quitting the box without reasonable 
 cause, 
 
 or 
 
 1 9. Driver allowing plate to be concealed irom 
 
 view, 
 
 or 
 
 20. Guard discharging fire-arms, except for 
 
 defence, 
 
 or 
 
 21. Driver, conductor or guard neglecting to 
 take care of the luggage. 
 
 22. Receiving from a passenger more than the 
 legal fare, 
 
 23. Neglecting or refusing to account for the 
 money received by him, 
 
 24. Assaulting or using abusive language to a 
 passenger. 
 
 25. Driver, conductor or guard, by intoxica- 
 tion, negligence or furious driving, en- 
 dangering the safety of passengers or pro- 
 perty. 
 
 26. Driver allowing passenger to sit on lug- 
 gage, 
 
 or 
 
 27. More than one passenger to sit with him 
 
 on the box. 
 
 5&6 
 Vict, 
 c. 79, 
 s. 15. 
 
 2&3 
 
 Will. 4, 
 
 c. 120, 
 
 s. 47. 
 
 Id. 
 
 Id. 
 
 Id. s. 48. 
 
 3&4 
 
 Will. 4, 
 
 c. 48, 
 
 s. 4. 
 
 Not on 
 oath, and 
 
 at any 
 time {Note 
 
 30). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Solicitor 
 or other 
 officer of 
 inland 
 revenue, 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Digitized by Microsoft® 
 
CHAP. III.] 
 
 STAGE COACHES. 
 
 677 
 
 Number of 
 
 Justtuea to 
 
 convict. 
 
 What 
 
 Jastices to 
 
 convict. 
 
 If power 
 to summon, 
 
 &c. 
 Witnesses. 
 
 Penalty, &a 
 
 and 
 Mode of enforcing. 
 
 IfAp. 
 
 peal, aud 
 
 Time, 
 
 &c. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 14. One. 
 
 Any of tlie 
 division or 
 county, &c. 
 
 Yes 
 
 (S.111, 
 
 Note 
 
 31). 
 
 £5 J — reGovered as Offence 1. 
 
 [Form No. 9, Oke's " FormuUst," 
 2nd ed., p. 257.] 
 
 Yes 
 (s. 103, 
 
 Note 
 
 32). 
 
 Her Majesty 
 (3&4 
 Will. 4, 
 
 c. 48, s. 6). 
 
 151 Id. 
 17/ 
 
 Id. 
 
 Id. 
 
 £S J — recovered as Offence 1 . 
 
 [Form No. 5, Oke's "FormuUst," 
 2nd ed., p. 256.] 
 
 Id. 
 
 Id. 
 
 181 Id. 
 21/ 
 
 Id. 
 
 Id. 
 
 £5 ; — ^recovered as Offence 1. 
 
 [Form No. 7, Oke's " FormuUst," 
 2nd ed., p. 256.] 
 
 Id. 
 
 Id. 
 
 221 Id. 
 24/ 
 
 Id. 
 
 Id. 
 
 £5 ;— recovered as Offence 1. 
 
 [Form No. 6, Oke's "FormuUst;' 
 2nd ed., p. 256.] 
 
 Id. 
 
 Id. 
 
 25 Id. 
 
 Id. 
 
 Id. 
 
 £5 (s. 48)i — recovered as Offence 1. 
 
 [Form No. 8, Oke's " FormuUst," 
 2nd ed., p. 257.] 
 
 Id. 
 
 Id. 
 
 261 Id. 
 27/ 
 
 Id. 
 
 Id. 
 
 £5 ; — ^recovered as Offence 1. 
 
 Id. 
 
 Id. 
 
 Digitized by Microsoft® 
 
 F P 
 
578 
 
 Summary Convictions. 
 
 [part I. 
 
 Offences to which the 11 & 12 Vict. c. 43, 
 does not extend. 
 
 STAMPS. 
 
 1. The acts and sections containing penalties 
 are : — for dealing in stamps without licence 
 
 2. Making, &c. any bill or note without stamp, 
 post-dating bill, &c. 
 
 3. Not obliterating^adhesive stamp on draft or 
 receipt, &c. &c. 
 
 4. Committing frauds in the use of adhesive 
 
 Statute. 
 
 InformatloD 
 and 
 Time. 
 
 3 &4 
 Will. 4? 
 
 c. 97, 
 
 ss. 3, 6, 
 
 14. 
 
 55 Geo. 3, 
 
 c. 184, 
 
 ss. 11,12, 
 
 13. 
 
 16&17 
 Vict 
 t. 59, 
 s. 4. 
 
 Id. s. 5. 
 
 5. Holder of bill drawn out of the United 
 Kingdom not affixing adhesive stamp be 
 fore negociating it ; — or drawing and 
 issuing or' transferring, &c. bills pur- 
 porting to be drawn in a set, and not 
 drawing the whole number of the set; — or 
 circulating unstamped draft on bankers 
 beyond 15 miles. 
 
 WRECK AND SALVAGE. 
 
 [See tit. " Merchant Shipping,^' Offences 
 142—153, arete, pp. 416, 418.] 
 
 17 8s 18 
 Vict. 
 C.83, 
 
 ss. 5, 6, 7. 
 
 By whom. 
 
 SnniinonB 
 and Service, 
 or Warraot 
 
 Digitized by Microsoft® 
 
, CHAP. III.] STAMPS— WRECK AND SALVAGE. 
 
 579 
 
 Number of 
 
 Jusiices to 
 
 convict. 
 
 What 
 
 JusticeH to 
 
 convict. 
 
 If power 
 to summon, 
 
 Witnesaefl, 
 
 Penalty, &c 
 
 and 
 
 Mode of enforcing. 
 
 If Ap- 
 peal, and 
 Time, 
 
 &C. 
 
 Penalty, &c. 
 to whom 
 payable. 
 
 1 .. 
 
 •• 
 
 ■• 
 
 iglO and £20 respectively. 
 
 •• 
 
 •• 
 
 2 .. 
 
 •• 
 
 •• 
 
 £50 and £100 respectively. 
 
 • < 
 
 •• 
 
 3 .. 
 
 • • 
 
 •• 
 
 £10. 
 
 ■ ■ 
 
 •• 
 
 4 .. 
 
 •• 
 
 •• 
 
 £20. 
 
 .. 
 
 • • 
 
 5 .. 
 
 
 
 £50 and £100 respectively. 
 
 N.B. — Ml these penalties are recovered 
 before one justice on information of 
 solicitor or any officer rf stamp duties 
 (3 4-4 Will. 4, c. 97, s. 24). 
 
 
 
 t> t> 
 
 Digitized by Microsoft® 
 
 [Part I. Chap. IV. 
 
PART I. 
 
 CHAPTER IV, 
 
 SUMMARY JURISDICTION IN LARCENY. 
 
 Preliminary The acts which give to Justices of the Peace in Petty Sessions 
 Observations, jjjg power of adjudicating summarily upon persons charged 
 with certain felonies and indictable misdemeanors, i. e., simple 
 and other larcenies, are the Criminal Justice Act, 18 & 19 Vict. 
 c. 126 (14th August, 1855), and the Juvenile Offenders Act, 
 10 & 11 Vict. c. 82 (22nd July, 1847), extended by the 13 & 14 
 Vict. c. 37 (29th July, 1850) ; the former act applying to certain 
 offences where the property in respect of which the charge is 
 made is of a limited value, and where the accused pleads guilty; 
 and the latter to the same and certain other offences where the 
 accused is under sixteen years of age, — under both acts the 
 summary jurisdiction not being capable of being exercised 
 except where the accused consents. 1 
 
 As the procedure is so different and dissimilar to other matters 
 within the summary jurisdiction treated of in the previous 
 portion of the work, the importance of the acts has been thought 
 to require a separate chapter, in which the whole of the pro- 
 visions are arranged in a new mode, with the course of procedure 
 under each clearly sketched out ; but it may be observed gene- 
 rally, that the practice up to the period in the proceedings where 
 the depositions of the witnesses have been taken down,— the 
 
 1 The provisions of the Juvenile Offenders Acts, anomalous as they are 
 in comparison with those of the Criminal Justice Act, are, it is to be 
 regretted, retained in force by s. 17 of the latter (18 & 19 Vict. 1. 126), 
 which enacts, — that " nothing in this act shall affect the provisions of the 
 act of the session holden in the tenth and eleventh years of her Majesty, 
 chapter eighty-two, ' for the more speedy Trial and Punishment of Juvenile 
 Offenders,' or of the act of the session holden in the thirteenth and four- 
 teenth years of her Majesty, chapter thirty-seven, 'forthe further Extension 
 of Summary Jurisdiction in Cases of Larceny ;' » » * and this act 
 shall not extend to persons punishable under the said acts, so far as regards 
 offences for which such persons may be punished thereunder." The writer, at 
 the time the bill was before parliament, pointed out, through several 
 channels, the inconsistencies and anomalies in the law with regard to the 
 summary proceedings for larcenies, and suggested thatthe bill should repeal 
 the Juvenile Offenders Acts, and re-enact such provisions of them as were 
 necessarily applicable to juveniles only, so that there should be but one act 
 applying to the subject of summary convictions for simple larcenies bjr per- 
 sons of all ages. The anomalies and inconsistencies of the acts will be 
 apparent on 'efej^nge^tg ^he^^.^ojjt^I Table, p. 581. 
 
CHAP. IV.] Summary Jurisdiction in Larceny, 
 
 preferring the charge, the process against the offender, &c., — 
 ■will be precisely the same as if it were intended to send the 
 accused for trial for the oifenceS. The following Synoptical 
 Table gives a comparative view of the felonies and misdemeanors 
 punishable under the acts in question, with the requirements 
 applicable to each offence, and which will serve as an introduc- 
 tion to the acts themselves — 
 
 581 
 
 1. Simple Larceny . 
 
 OFFENCES MENTIONED IN THE 
 ACTS. 
 
 Aiding, abetting, counselling or 
 procuring the commission of sim- 
 ple larceny. 
 
 3. Offences declared to bepunishalile as 
 
 simple larceny (see post, p. 594). 
 
 4. Aiding, &c. (as 2) in the Offences 
 
 No. 3. 
 
 5. Attempting to commit Offences 
 
 No. 3. 
 
 6. Attempting to commit larceny from 
 
 the person. 
 
 7. Attempting to commit simple lar- 
 ceny. 
 
 8. Stealing from the person . 
 
 9. Larceny as a clerk or servant 
 
 Under Juvenile 
 Offenders Acts. 
 
 Yes ; offender 
 consenting and 
 not exceeding 
 16 ; value not 
 limited. 
 
 Same, 
 
 Same. 
 Same. 
 Same. 
 
 No i the Acts 
 
 not specifying 
 
 the offence. 
 
 Yes ; offender 
 consenting and 
 not exceeding 
 16 ; value not 
 limited. 
 
 No ; the Acts 
 
 not specifying 
 
 the offence. 
 
 Same. 
 
 Under 
 
 Criminal Justice 
 
 Act, sect. 1. 
 
 Yes; offender 
 consenting and 
 above 16, and 
 
 value not 
 exceeding 5s. 
 
 No, if above 16. 
 
 the section not 
 
 specifying the 
 
 offence. 
 
 Same. 
 Same. 
 Same. 
 
 Yes ; offender 
 
 consenting; no 
 
 limitation of 
 
 value or age. 
 
 Yes ; offender 
 
 consenting and 
 
 above 16 ; value 
 
 not limited. 
 
 No ; the section 
 
 not specifying 
 
 the offence. 
 
 Same. 
 
 Under the 
 
 Criminal Justice 
 
 Act, sect. 3. 
 
 Yesj offender 
 
 above 1 6 and 
 
 pleading Guilty, 
 
 and value 
 
 above 5s. 
 
 No, if above 16, 
 
 the section not 
 
 specifying the 
 
 offence. 
 
 Same. 
 Same. 
 Same. 
 Same. 
 
 Same. 
 
 Yes ; offender 
 
 pleading Guilty, 
 
 without 
 
 , reference to 
 
 value or age. 
 
 Same. 
 
 This Chapter is divided into two sections : — 
 Sect, 1. The Criminal Justice A,ct, p. 582. 
 Sect. 2. The Juvenile Offenders Act, p. 594. 
 
 2 Under the 18 & 19 Vict. c. 126, it is clear that this is the practice to 
 be adopted ; but under the Juvenile Offenders Act it is not so clear (see 
 ""-* — """ g"°^ ^— ^ - _ _ ^ 
 
 pnsL 
 
 Digitized by Microsoft® 
 
582 
 
 Summary Jurisdiction in Larceny, 
 Sect. I. The Criminal Justice Act. 
 
 [part I. 
 
 Offences. 
 
 Any person charged with having — 
 
 1. Committed simple larceny, the value of the whole of the property 
 
 stolen not exceeding 5s. [and offender above 16}, 
 or 
 
 2. Attempted to commit larceny from the person [no limitation of value or 
 
 age of offender"], 
 or 
 
 3. Attempted to commit simple larceny [no limitation of value, and offender 
 
 above 16j. 
 
 [Mem. Nos. 1 and 3 are likewise punishable under the Juvenile 
 Offenders Acts, post, p. 591, when the offender is not exceeding 16. 
 The offender must, it will be seen by Note Bi P- 587, consent to the 
 summary disposal of the case, but no plea of guilty is necessary as 
 in the next Offences, Nos. 4 — 6.] 
 
 Any person charged with — 
 
 4. Simple larceny, the property stolen exceeding in value 5s. [offender 
 
 above 16, and pleading guilty'], 
 or 
 
 6. Stealing from the person [no limitation of value or age <f offender, but 
 pleading guilty], 
 or 
 
 6. Larceny as a clerk or servant [mo limitation of value or age of offender, 
 but pleading guilty]. 
 
 [Mem. No. 4 is punishable under the Juvenile Offenders Act, post, 
 p. 594, when the offender is not exceeding 16.] 
 
 18 & 19 Vict. 
 
 c. 126, S8. 1, 2 
 (see Note B, 
 post, p. 587). 
 
 Id. s. 3 
 (see Note C, 
 post, p. 591). 
 
 In petty 
 sessions. 
 
 A. Where Heai'ing of Charge must take place — General 
 Provisions of the 18 ^ 19 Vict. c. 126. 
 
 The justices adjudicating must be " assembled at such petty 
 sessions as hereinafter provided" (see ss. 1, 3), which, by s. 9 
 (misprinted 10), " shall be an open public court, and shall be 
 the petty sessions holden for a petty sessional division 3 ;— and 
 
 3 By 19 & 20 Vict. c. 118, this provision is not to " extend or be appli- 
 cable to petty sessions holden in or for the liberties of the cinque ports or 
 any part thereof, or to any other liberty or place not forming and not being 
 within a petty sessional division." The notice of petty sessions may be as 
 follows : — 
 
 County of . 
 
 Petty sessional division of • 
 
 Notice. 
 Petty sessions for the purposes of the Criminal Justice Act, 18 & 19 Vict 
 c. 126, will be holden for the above division in this building every [Tues- 
 day], at the hour of o'clock in the noon precisely [or on the days 
 
 under-mentioned, at the hour of o'clock in the noon precisely, 
 
 viz. ]. 
 
 • Clerk to the Justices of Petty Sessions. 
 
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CHAP. IV.] Seel. 1. The Criminal Justice Act. 
 
 Sect. 1. The Criminal Justice Act. 
 
 583 
 
 Time of laying 
 Infonuation, itc 
 
 Number and what 
 Justices to convict. 
 
 1 ) No limitation of 
 3 itime, 11 & 12 Vict, 
 c. 43, s. 11, not 
 applying (see 
 18 & 19 Vict, 
 c. 126, s. 10, 
 misprinted 9). 
 
 4} 
 6i 
 
 Id. 
 
 Two, in petty 
 
 sessions 
 
 (see Note Ai 
 
 infra). 
 
 Id. 
 
 Commitment to the common gaol or house 
 of correction, there to be imprisoned, 
 with or without hard labour, for any 
 period not exceeding three calendar 
 months ; — or, if charges proved, and jus- 
 tices think it inexpedient to inflict any 
 punishment, they may dismiss the per- 
 son charged without proceeding to a 
 conviction (s. 1). 
 
 Commitment to the common gaol or house 
 of correction, there to he imprisoned, 
 with or without hard labour, for any 
 term not exceeding six calendar months 
 (s. 3). 
 
 [Mem. Vide the provisi(yns of the R^orma- 
 tory Schools Act, ante, pp. 157 — 165, when 
 offenders not exceeding 16 years of age.'] 
 
 If Appeal, 
 
 and Time, 
 
 &c. 
 
 No. 
 
 No. 
 
 a written or printed notice of the days and hours for holding 
 
 such petty sessions shall be posted or affixed by the clerk to the 
 
 justices of petty sessions upon the outside of some conspicuous 
 
 part of the building or place where the same are held." By s. Attorney for 
 
 4, — " In every case of summary proceeding under this a3t, the accused. 
 
 person accused shall be allowed to make his full answer and 
 
 defence, and to have all witnesses examined and cross-examined 
 
 by counsel or attorney." By s. 5, — "Where any person is Remand to 
 
 charged before any justice or justices with any offence men- P^"y sessions. 
 
 tioned in this act, and in the opinion of such justice or justices 
 
 the case may be proper ,to be disposed of by justices in petty 
 
 sessions under this act, the justice or justices before whom such 
 
 By s. 1 5, the town hall, court house, &c. of a county, city or borough may 
 be used for petty sessions held under this act. 
 
 By s. 16, any one metropolitan police magistrate, or any one stipendiary 
 magistrate, may act alone in cases under this act. 
 
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584 
 
 18 & 19 Vict, 
 u. 126. 
 
 Forfeited re- 
 cognizance of 
 bail. 
 
 Convictions, 
 &c. to be re- 
 turned to quar- 
 ter sessions. 
 
 Effect of con- 
 viction. 
 
 Proceedings 
 a bar to further 
 proceedings, 
 
 Summary Jurisdiction in Larceny. [paht i. 
 
 person is so charged may, if he or they see fit, remand such 
 person for further examination to the next petty sessions, in like 
 manner iti all respects as a justice or justices are authorized to 
 remand a party accused under the act passed in the session 
 holden in the eleventh and twelfth years of her Majesty, chapter 
 forty-two, section twenty-one, or under the Petty Sessions Act 
 {Ireland) 1851, section fourteen" 4. By s. 6, — " If any person, 
 suffered to go at large upon entering into such recognizance as 
 the justice or justices are authorized under the last-mentioned 
 acts to take on the remand of a party accused, do not afterwards 
 appear pursuant to such recognizance, then the justices before 
 whom he ought to have appeared shall certify (under the hands 
 of two of them ) on the back of the recognizance, to the clerk of the 
 peace of the county or place, the fact of such non-appearance,— 
 and such recognizance shall be proceeded upon in like manner 
 as other recognizances, and such certificate shall be deemed 
 su£Bcient primd facie evidence of such non-appearance." The 
 justices adjudicating " under this act shall transmit the conviction 
 or a duplicate of a certificate of dismissal with the written charge, 
 the depositions of the witnesses for the prosecution and for the 
 defence, and the statement of the accused, to the next court of 
 general or quarter sessions for the county or place, there to be 
 kept by the proper ofiicer among the records of the court ;— 
 and a copy of such conviction, or of such certificate of dis- 
 missal, certified by the proper officer of the court, or proved to 
 be a true copy, shall be sufiicient evidence to prove a convic- 
 tion or dismissal for the offence mentioned therein in any legal 
 proceeding whatever" (s. 7). By s. 11, — " Every conviction 
 by justices in petty sessions under this act shall have the same 
 effect as a conviction upon indictment for the same offence would 
 have had, save that no conviction under this act shall be at- 
 tended with any forfeiture;" — and "every person who obtains 
 
 4 A doubt has been raised, whether the remand can be to a petty ses- 
 sions to be held more than eight days thereafter, that being the limit by the 
 11 & 12 Vict. c. 4'2, s. 21, here referred to. The words "to the next petty 
 sessions" are positive ; and the writer thinks that the subsequent words "in 
 like manner in all respects" refer to the mode of remanding, &c. ; — »• ^' ^ 
 the common gaol, Idck up, &c., or if for not exceeding three days, verbally 
 to the custody of the constable, and refer also to the power to bring up the 
 accused before the expiration of the remand, and the power to bail the 
 accused to appear at the petty sessions,— and do not limit the remand to 
 eight days. The forms of remand warrant and recognizance of bail will bf 
 as in Schedules Q. 1 and 2 to the 11 & 12 Vict. c. 42, Oke's " Fomdist,' 
 2nd ed. pp. 271, 272. 
 
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CHAP. IV.] Sect. 1. The Criminal Justice Act, 585 
 
 a certificate of dismissal 5, or is convicted under this act, shall 18 & 19 Vict. 
 
 be released from all further or otlfer criminal proceedings for ^:: — : — . 
 
 the same cause" (s. 12). By s. 13,—" No conviction, sentence and not to be 
 or proceeding under this act shall be quashed for want of form ; ^^"^_ ^ ™ 
 — and no warrant of commitment upon a conviction shall be 
 held void by reason of any defect therein, if it be therein alleged 
 that the offender has been convicted, and there be a good and 
 valid conviction to sustain the same." By s. 10 (misprinted li & 12 Vict. 
 9), — " The provisions of the act of the session holden in the \*\f°^ ^^' 
 eleventh and twelfth years of her Majesty, chapter forty-three, 
 shall not be construed as applying to any proceeding under this 
 act" 6. By s. 8, — " It shall be lawful for the justices, by Restitution of 
 whom any person is convicted under this act, to order restitution property 
 of the property stolen, taken or obtained iy false pretences, in 
 ^ those cases in which the court before whom the person convicted 
 would have been tried but for this act may be by law authorized 
 to order restitution" 7. As to the expenses of the prosecution Expenses of 
 ^__^_^_______^_____^________^__^____^____________^__ the prosecu- 
 tion. 
 
 5 Under s. 1, see Note Bi P"**! P- 587. 
 
 6 The act referred to is Jervis's Act, relating to summary convictions 
 and orders, ante, pp. 89, 90. 
 
 7 These words " or obtained by false pretences" were inadvertently 
 omitted to be erased upon the alteration of the bill in committee, it having 
 originally included the offence of obtaining property by false pretences. 
 They must be treated as surplusage. 
 
 By s. 23, the word "property" is to include everything included under 
 the words " chattel, money or valuable security," as used in the act 7 & 8 
 Geo. 4, c. 29 ; and in the case of any *' valuable security" the value of the 
 share, interest or deposit to which the security may relate, or of the money 
 due thereon or secured thereby, and remaining unsatisfied, or of the goods 
 or other valuable thing mentioned in the warrant or order, shall be deemed 
 to be the value of such security. 
 
 The law as to restitution of stolen property is contained in the 7 & 8 
 Geo. i, c. 29, s. 57- That section enacts, — " that if any person, guilty of any 
 such felony or misdemeanor as aforesaid, in stealing, taking, obtaining or 
 converting, or in knowingly receiving, any chattel, money, valuable security, 
 or other properly whatsoever, shall be indicted for any such offence, by or 
 on behalf of the owner of the property, or his executor or administrator, and 
 convicted thereof, in such case the property shall be restored to the owner 
 or his representative ; — and the court before whom any such person shall 
 be so convicted shall have power to award, from time to time, writs of resti- 
 tution for the said property, or to order the restitution thereof in a summary 
 manner;— provided always, that if it shall appear, before any award or 
 order made, that any valuable security shall have been bmii fide paid or 
 discharged by some person or body corporate liable to the payment thereof, 
 or being a negotiable instrument shall have been bovAfide taken or received 
 by transfer or delivery, by some person or body corporate, for a just and 
 valuable consideration, without any notice, or without any reasonable cause 
 to suspect that the same had, by any felony or misdemeanor, been stolen, 
 taken, obtained or converted as aforesaid, in such case the court shall not 
 award or order the restitution of such security." A Bank of England note, 
 which had been paid iand cancelled, was holden to be within this latter 
 
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586 Summary Jurisdiction in Larceny. [part i. 
 
 18 & 19 Vict, under this act, s. 14 enacts, — that " Where any charge is sura- 
 "• ^^^- marily adjudicated upon under this act — or an offender is under 
 this act convicted by justices in petty sessions upon a plea of 
 ' guilty,' — it shall be lawful for the justices by whom such charge 
 has been adjudicated upon— or offender convicted, — upon the 
 request of any person who has preferred the charge or appeared 
 to prosecute or give evidence against the person charged, if such 
 justices think fit so to do, — to grant a certificate to such person 
 of the amount of compensation which such justices maj' deem 
 reasonable for his expenses, trouble and loss of time therein, 
 subject, nevertheless, to the regulations made or to be made as 
 hereinafter mentioned ; — and every such certificate shall, when 
 granted in England, have the effect of an order of court for 
 the payment of the expenses of a prosecution made under the 
 act 7 Geo. 4, c. 64, and the acts amending the same, — * * * * 
 and the amount mentioned in such certificate shall be paid in 
 like manner as the money mentioned in such order of court;— 
 and all certificates to be granted under this act shall be subject 
 to the like regulations made or to be made in relation thereto as 
 the certificates mentioned in the said act of the 7 Geo. 4, c. 64, 
 to be granted by examining magistrates are or may be subject 
 to under the act 14 & 15 Vict. c. 55 :— provided also, that the 
 amount of the fees payable to the clerks of the magistrates in 
 petty sessions, in respect of any proceeding under this act, and 
 of the fees payable to the clerks of the peace for filing the de- 
 positions, conviction or certificate of dismissal aforesaid, and 
 of all such expenses of apprehending the person charged and 
 detaining him in custody, and of such other expenses as are 
 now by law payable when incurred before a commitment for 
 trial, may be added to the certificate for compensation afore- 
 said, and paid in the like manner." 
 
 The form of the magistrates' certificate may be : — 
 
 Petty Sessional Division of , in the County of . 
 
 ^ To N. O., treasurer of the county or borough of [w 
 
 to wit. ) overseers of the poor, or as the case may be, of the parish 
 
 of , in the said ]. 
 
 This is to certify, that C. D., of &c. with his [two] witnesses, 
 attended before us, the undersigned [two] of her majesty's justices of 
 
 proviso {R. V. Stanton, 1 Car. & P. 481 ; R. v. Powell, lb. 640). Under 
 the section in t?ie text, the justices can order restitution of the property 
 " stolen " or " taken " in the offences Nos. 1, 4, 5, 6, ante, p. 582. 
 
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CHAP. IV.] The Criminal Justice Act. 587 
 
 the peace in and for the petty sessional division aforesaid in petty ses- 18 & 19 Vict, 
 sions assembled, to give evidence against A. B., who has been adju- '^- 126. 
 dicated upon [or convicted] under tne statute of the session holden in 
 the eighteenth and nineteenth years of her majesty, chapter one 
 hundred and twenty-six ; and that we have ascertained the amount 
 of the compensation reasonable for the expenses, trouble and loss of 
 time of the said C. D. and his witnesses, and all other fees and ex- 
 penses therein, to be the sum of , according to the specification 
 
 and particulars hereunder written, which said sum you the said trea- 
 surer [or as the case may Je] are, in pursuance of the said act, forth- 
 with to pay to the said C. D. [or to such person as he may direct or 
 appoint for that purpose]. 
 
 Particulars above referred to. 
 
 £ s. d. 
 Constable for apprehension and detention, &c. of 
 
 the person charged 
 
 Fees to the clerks of the magistrates in petty ses- 
 sions . 
 
 Fees to the clerk of the peace .... 
 
 Prosecutor, one day 
 
 Travelling expenses 
 
 [Two] witnesses, viz., E. F. and F. G., one day 
 
 each, at per day ..... 
 
 Travelling expenses 
 
 £ 
 
 Given under our hands, this day of , at , in the 
 
 [county] aforesaid. 
 
 J. S. 
 H. M. 
 {As to the scale of allowances for attendance of the prosecutor and 
 ■witnesses, see the regulations since made by the Home Secretary under 
 the 14 Sc 15 Vict. c. 55, set out, post, Sect. 8, " Of Costs attending 
 Prosecution," Chap. I. of Part 77.] 
 
 B. Procedure under ss. 1, 2, for Offences Nos. 1, 2 and 3, 
 ante, p. 582. 
 
 By s. 1,—" Where any person is charged before any justices Procedure in 
 of the peace assembled at such petty sessions as hereinafter pro- offences;— 
 vided (see s. 10, ante, p. 582), with having committed simple l^'nTex. 
 larceny, and the value of the whole of the property alleged to ^e*"^ S«.,— 
 have been stolen does not in the judgment of such justices exceed fromm,- 
 five shillings, or with having attempted to commit larceny from attempt to com. 
 the person, or simple larceny, it shall be lawful for such justices ^1,17'' 
 to hear and determine the charge in a summary way ;— and if the 
 person charged shall confess the same,— or if such justices, after 
 hearing the whole case for the prosecution and for the defence 
 
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588 
 
 Summary Jurisdiction in Larceny. [part r. 
 
 18 & 19 Vict, 
 c. 126. 
 
 If accused do 
 not consent, 
 justices to deal 
 with case as if 
 act had not 
 passed. 
 
 Justices to 
 ask accused 
 whether he 
 consents to the 
 charge being 
 summarily 
 determined. 
 
 shall find the charge to be proved, — then it shall be lawful for 
 such justice to convict the person charged and commit him to 
 the common gaol or house of correction, there to be imprisoned, 
 with or without hard labour, for any period not exceeding three 
 calendar months, — and if they find the ofifence not proved they 
 shall dismiss the charge and make out and deliver to the person 
 charged a certificate under their hands, stating the fact of such 
 dismissal 8 : — * * * 
 
 " Provided always, that if the person charged do not consent 
 to have the case heard or determined by such justices, — or 
 if it appear to such justices that the ofifence is one which, 
 owing ,to a previous conviction of the person charged, is 
 punishable by law with transportation or penal servitude, — or 
 if such justices be of opinion that the charge is, from any 
 other circumstances, fit to be made the subject of prosecution 
 by indictment, rather than to be disposed of summarily,— 
 such justices shall, instead of summarily adjudicating thereon, 
 deal with the case in all respects as if this act had not been 
 passed : — 
 
 " Provided also, that if, upon the hearing of the charge, such 
 justices shall be of opinion that there are circumstances in the 
 case which render it inexpedient to inflict any punishment, they 
 shall have power to dismiss the person charged without pro- 
 ceeding to a conviction." 
 
 By sect. 2, — " Where the justices before whom any pei'son is 
 charged as aforesaid propose to dispose of the case summarily 
 under the foregoing provisions, one of such justices,— after the 
 examinations of all the witnesses for the prosecution have been 
 completed 9, — and before calling upon the person charged for any 
 statement which he may wish to make, —shall state to such person 
 the substance of the charge against him, and shall then say to 
 him these words, or words to the like efiect : — ' Do you consent 
 that the charge against you shall be tried by us, or do you desire 
 that it shall be sent for trial by a jury at the sessions or assizes' 
 (as the case may be) 1 — and if the person charged shall consent 
 to the charge being summarily tried and determined as aforesaid, 
 then the justices shall reduce the charge into writing and read 
 the same to such person, — and shall then ask him whether he is 
 
 8 yide the form given in the act, No. 3, post, p. 590. 
 
 9 These depositions will be taken in the same form as Schedule M. to 
 the II & 12 Vict. c. 42, Oke's " Formulist," 2nd ed. p. 275. 
 
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CHAP. IV.] Sect. 1. The Criminal Justice Act. 589 
 
 guilty or not of sucli charge ; and if such person shall say that 18 & 19 Vict. 
 
 he is guilty, the justices shall then proceed to pass such sentence "' ^ ' 
 
 upon him as may by law be passed [see ante, p. 588], subject to 
 the provisions of this act in respect to such offence; — but if the 
 person charged shall say that he is not guilty, the justices shall 
 then inquire of such person whether he has any defence to make 
 to such charge, — and if he shall state that he has a defence, the 
 justices shall hear such defence, and then proceed to dispose of 
 the case summarily." 
 
 The course of procedure at the hearing of the above charges 
 is usually as follows 10 : — 
 
 1. After the completion of the depositions, one of the justices or Course of pro- 
 
 their clerk to say to the accused — " You stand cliarged with cedure at the 
 
 having on the day of " [stating the offence as in hearing. 
 
 the caption of the depositions]. " Do you consent that the 
 charge against you shall be tried hy us, or do you desire 
 that it shall be sent for trial by a Jury at the assizes [or 
 sessions, as the case may be] t" 
 
 2. If the accused consent, then one of the justices or their clerk 
 
 to say to him, — " You have heard the charge against you 
 read : are you guilty or not guilty of such charge 7 
 
 If he plead " Guilty," consider the punishment {ante, 
 
 p. 588). 
 If he plead " Not guilty," then ask him — " What is your 
 defence to the charge!" Then hear the defence. If 
 offence proved, consider the punishment ; if offence 
 not proved, dismiss the charge, and give accused a 
 certificate of dismissal. 
 '3. If the accused do not consent, the summary jurisdiction cannot 
 be applied, and the justices must caution him in the usual 
 mode for an indictable offence. 
 
 FOKMS. 
 
 Simple Larceny, Value not exceeding 5s.] — on &c. at &c. feloniously (i.) Statements 
 
 did steal, take and carry away [describing the property stolen], of offences. 
 
 of the value of , of the [monies,] goods and chattels of C. D., 
 
 against the peace, &c. 
 
 10 Should the prosecutor or accused be represented by attorney or 
 counsel the consistent course would be not to allow any opening speech for 
 the prosecution, because until the witnesses are examined it is not known 
 whether the prisoner will be tried or not. The first speech should be the 
 opening of the defence, the prosecution having a reply (Cox's Practice in 
 Larceny, p. 5d). 
 
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590 
 
 Summary Jurisdiction in Larceny. [part i. 
 
 18 & 19 Vict. Attempt to steal from the Person]— on &c. at &c. unlawfully did 
 
 c. 126. attempt feloniously to steal, take and carry away fi-om the person of 
 
 C. D. [describing the property], of the value of [unlimited], 
 
 of the [monies or property,] goods and chattels of the said C. D,, 
 
 against the peace, &c. 
 
 Attempt to commit Simple Larceny] — on &c. at &c. unlawfully did 
 
 attempt feloniously to steal, take and carry away [describing the 
 
 property'], of the value of [unlimited], of the [monies or pro- 
 perty,] goods and chattels of C. D., against the peace, &c. 
 
 (2.) Charge. Petty sessional division of , in the county of , 
 
 holden at , in the same county, this day of 
 
 , 185—. 
 
 Charge under the first and second sections of the Criminal Justic* 
 Act, 18 & 19 Vict. c. 126, in contemplation of summary adju- 
 dication. 
 
 For that A. B., on the day of , at the parish of , in 
 
 the county of [here state the charge as in either of the forms 
 
 No. 1, supra], against the peace, &c. 
 
 Which charge was read to the said A. B., and he the said A. B. says 
 that he is guilty [or not guilty] thereof. 
 Witness our hands. 
 
 J. S. 
 
 H. M. 
 
 Justices in petty sessions assembled. 
 
 (3) Certificate ^ We, of her Majesty's justices of the peace for the 
 
 of dismissal to wit. S [county] of , certify, that on the day of , in 
 
 (B. in act). the year of our Lord , at , in the said [county], A. B., being 
 
 charged before us, and consenting to our deciding upon the charge 
 summarily, for that [he the said A. B., stating the offence charged, 
 and the time and place when and where alleged to be committed], we 
 did, having summarily adjudicated thereon, dismiss the said charge. _ 
 
 Given under our hands and seals, this day of , at , in 
 
 the [county] aforesaid. 
 
 J. S. (X..S.) 
 H. M. (l.s.) 
 
 (4) Conviction 
 (A. in act). 
 
 ) Be it remembered, that on the day of , in the 
 
 to wit. \ year of our Lord , at , in the said [county], k.'R; 
 
 being charged before us the undersigned, of her Majesty's justices 
 
 of the peace for the said [county], and consenting to our deciding upon 
 the charge summarily, is convicted before us, for that [he the said 
 A. B.,. S^c, stating the offence and the time and place when and where 
 committed] j and we adjudge the said A. B. for his said ofience to be 
 
 imprisoned m the [house op correction] at , in the said [county], 
 
 [and there hept to hard laiour] for the space of . 
 
 _ Given under our hands and seals, the day and year first above men- 
 tioned, at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 H. M. (I.S.) 
 
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CHAP. IT.] Sect. 1. The Criminal Jmtice Act. 591 
 
 [The commitment of the offender to prison may be precisely in the 18 & 19 Vict, 
 same form as schedule (P 1) in Jervis's Act, 11 & 12 Vict. c. 43 {ante, c. 126. 
 p. 172) ; but as that act does not apply to proceedings under the Cri- 
 minal Justice Act (see s. 10, ante, p. 585), it must be signed by both (S) Comtnit- 
 the convicting justices. It is, however, desirable, as the charges are ™®"' '" P'^i^on. 
 ordinarily indictable, that the special act under which the summary 
 commitment is made should appear on its face ; there may, therefore, 
 be inserted after the word " convicted," at the commencement of the 
 form, these words, " in pursuance of the statute of the session holden 
 in the eighteenth and nineteenth years of her Mqjestt/, chapter one 
 hundred and twenty-six." U] 
 
 C. Procedure under s. 3 for Offences Nos. 4, 5 and 6, 
 ante, p. 582. 
 
 By s. 3, — " Where any person charged before any justices Procedure for 
 at such petty sessions as aforesaid with simple larceny (the pro- °. ^^fgu^n 
 perty alleged to have been stolen exceeding in value five shillings), valm exceed- 
 or stealing from the person, or larceny as a clerk or servant, and !"^ &j.,—steal- 
 
 ^ r 7 ./ ^7 xng jrom the 
 
 the evidence, when the case on the part of the prosecution has person,— lar- 
 
 been completed 12, is, in the opinion of such iustices, sufficient """!/ "" " ''^^'' 
 
 . . . , or servant. 
 
 to put the person charged on his trial for the offence with which 
 
 he is charged, such justices, — if the case appear to them to be 
 
 one which may properly be disposed of in a summary way, and 
 
 may be adequately punished by virtue of the powers of this act, 
 
 — shall reduce the charge into writing, — and shall read it to the On plea of 
 
 said person, — and shall then ask him whether he is guilty or g"''ty' offender 
 
 nil 1 -n 1 1 11 11- may be sen- 
 
 not 01 the charge; — and if such person shall say that he is tenced. 
 
 guilty, such justices shall thereupon cause a plea of guilty to be 
 entered upon the proceedings, and shall convict him of such 
 offence, and commit him to the common gaol or house of cor- 
 rection, there to be imprisoned, with or without hard labour, for 
 any term not exceeding six calendar months : — * * * 
 
 " Provided always, that the said justices, before they ask 
 such person whether he is guilty or not, shall explain to him 
 that he is not obliged to plead or answer before them at all, 
 and that if he do not plead or answer before them he will be 
 committed for trial in the usual course." 
 
 11 That this is a sufficient commitment, without describing the con- 
 viction to have taken place in petty sessions, see the case of Re Joseph Allison, 
 24 L. J. (N. S.) M. C. 73 ; 24 Law T. 117 ; 18 J. P. 746, under the Aggra- 
 vated Assaults Act (16 Vict. c. 30). See sect. 13 of the 18 & 19 Vict. c. 126, 
 ante, p. 585. 
 
 12 Vide Note 9, ante, p. 588. 
 
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592 
 
 Summary Jurisdiction in Larceny. [part i. 
 
 18 & 19 Vict, 
 c. 126. 
 
 Course of pro- 
 cedure at the 
 hearing. 
 
 The course of procedui-e at the liearing of the above charges 
 is usually as follows 13 : — 
 
 1. After the completion of the depositions, one of the justices or 
 
 their clerk to say to the accused — " You stand charged with 
 
 having on the day of [stating the offence as in the 
 
 caption of the depositions]. We are about to ask you whether 
 you are guilty or not of the charge ; but before we do so, we 
 have to tell you that you are not obliged to plead or answer 
 to the charge at all, and that if you do not plead or answer 
 before us you will be committed for trial in the usual way. 
 We now ash you, are you guilty or not of the charge ?" 
 
 2. If the accused plead " Guilty," consider the punishment. 
 
 3. If the accused plead " Not Guilty," the summary jurisdiction 
 
 cannot he applied, and the justices must caution him in the 
 usual mode for an indictable offence. 
 
 Forms. 
 
 (6) Statements Simple Larceny, Value exceeding 5s.'] — on &c., at &c., feloniously 
 of offences. did steal, take and carry away [describe the property stolen], of 
 
 the value of , of the [monies,] goods and chattels of C. D., against 
 
 the peace, &c. 
 
 Stealing from the Person]— on &c., at &c., feloniously did steal, 
 
 take and carry away from the person of C. D. [descrMng the 
 
 property], of the value of [unlimited], of the [monies or pro- 
 perty] goods and chattels of the said C. D., against the peace, &c. 
 
 Larceny as a Clerk or Servanti — on &c., at &c., being then clerk 
 or servant] to C. D., feloniously did steal, take and carry away — 
 
 describing the property], of the value of [unlimited], of the 
 
 monies or property] goods and chattels of and belonging to his said 
 master, against the peace, &c. 
 
 (7) Charge. Petty sessional division of , in the county of , 
 
 holden at , in the same county, this day 
 
 of , 185—. 
 
 Charge under the third section of the Criminal Justice Act, 18 & 
 19 Vict. c. 136, in contemplation of Summary Conviction on 
 plea of Guilty, 
 
 Por that A. B., on the day of , at the parish of ■ — , in 
 
 the county of [here state th£ c/iarge as in the form No. 6, supra], 
 
 against the peace,^ &.c. 
 
 Which charge was read to the said A. B., and he the said A. B. says 
 that he is guilty thereof. 
 
 Witness our hands. J. S. 
 
 H.M. 
 Justices in petty sessions assembled. 
 
 13 f"ide Note 10, ante, p. 589. 
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CHAP. IV. J Sect. l. The Criminal Justice Act. ' 593 
 
 \ Be it remembered, that on the day of , in the year 1 8 & 19 Vict 
 
 to wit. S of our Lord , at , in the said \county\, A. B., being "■ l^^ - 
 
 charged before us, the undersigned, — — of her Majesty's justices of , . _ 
 
 the peace for the.said {county], for that [he the said A. B., S^c, stating y^ Conviction 
 
 the offence, and the time and place when and where committed'], and ^ •'"*<> )• 
 
 pleading guilty to such charge, he is thereupon convicted before us of 
 
 the said offence ; and we adjudge the said A. B. for his said offence to 
 
 be imprisoned in the [house of correction] at , in the said [county], 
 
 [and there kept to hard labour], for the space of . 
 
 Given under our bands and seals, the day and year first above men- 
 tioned, at , in the [county] aforesaid. 
 
 ^ ^ J. S. (L.S.) 
 
 H. M. (L.S.) 
 
 [Tlie commitment of the offender to prison woiild be the same as (9) Commit- 
 iVo. 5, ante, p. 591.] ment to prison. 
 
 [Sect. 2. Juvenile Offenders Act. 
 0, 9. Digitized by Microsoft® q q 
 
594 
 
 Summary Jurisdiction in Larceny. 
 
 [part I, 
 
 Sect. 2. The Juvenile Offenders Act. 
 
 Offences. 
 
 Every person ("whose age at the period of the commissioD or at- 
 tempted commission of the offence shall not, in the opinion of the 
 justices before whom he or she shall be brought or appear, ex- 
 ceed the age" of sixteen years, 13 & 14r Vict. c. 37, s. 1), 
 
 1. Committing simple larceny, 
 
 or 
 
 2. Attempting to commit simple larceny, 
 
 or 
 
 3. Aiding, abetting, counselling or procuring the commission of simple 
 
 larceny, 
 
 or 
 
 4. Committing any offence declared to be punishable as simple larceny 
 
 [Vide Offences in Note Ai infra], 
 or 
 
 5. Attempting to commit any offence declared to be punishable as simple 
 
 larceny, 
 
 or 
 
 6. Aiding, abetting, counselling or procuring the commission of any 
 
 offence declared to be punishable as simple larceny. 
 
 [Mem. Only the Offences above numbered 1 and 2 are punishable 
 under the Criminal Justice Act, 18 .§■ 19 Vict. c. 126 (ante, p. 
 582), when committed by a person above 16 ; while the latter act 
 does not deal with the Offences Nos. 3, 4, 5, 6, but it does, without 
 reference to value or age, deal with the following Offences not punish- 
 able under the Juvenile Offenders Acts, viz. : — ^1. Stealing frcrm the 
 person ; 2. Larceny as a cleric or servant {on a plea of guilty) ; 
 and 3. The offence of attempting to commit larceny from the person 
 {on the offender consenting without such plea) ; and, therefore^ 
 these three last-named Offences are punishable summarily solely 
 under the Criminal Justice Act. Vide the comparative Table of 
 the Offences punishable under all the Acts, ante, p. 581.] 
 
 10 & 11 Vict. 
 c. 82, s. 1. 
 
 A. What Offences are within the Operation of the Act, 
 Besides the offence of simple larceny (which is the taking 
 and carrying away of the personal goods of another, — of any 
 value,— against the will or without the consent of the owner,— 
 without any bondjide claim of right, — with a felonious intent), 
 and those numbered above 2, 3, 5 and 6, the offences referred 
 to under number 4, by the terms " now is or hereafter shall or 
 may be by law deemed or declared to be simple larceny, 
 or punishable as simple larceny," seem to be the following, 
 which are by the particular statutes declared to be punishable 
 as simple larceny : — 
 
 Stealing oysters, or oyster brood from the oyster bed, laying or 
 fishery of another (7 & 8 Geo. 4, c. 29, s. 36). 
 
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CHAP. IV.] 
 
 Sect, 2. The Juvenile Offenders Act. 
 
 695 
 
 Sect. 2. The Juvenile Offenders Act, 
 
 Time of laying 
 Information, 
 
 SiC. 
 
 1} 
 
 limitation 
 of time. 
 
 Number 
 
 and what 
 
 Justices to 
 
 coovict. 
 
 Two in 
 
 petty 
 
 sessions, at 
 
 usual place 
 
 and in open 
 
 court (see 
 
 Note Bi 
 
 p. 596). 
 
 Penalty, &c. 
 
 and 
 
 Mode of enforcing. 
 
 Either impr., with or without h. 1., for 
 not exc. 3 cal. m.; — Or, in discretion 
 of justices, to forfeit and pay not exc. 
 36.3 (s. 1). Time may be given for 
 payment, and detainer, unless seen 
 rity given, till day appointed ; — in de 
 fault of payment, commitment for not 
 exc. 3 cal. m., reckoned from day 
 of adjudication, unless sooner paid 
 (s. 13). 
 
 Or, if a male [and not exc. 14 years of 
 age, 13 & 14 Vict. c. 37, 5. 2], to be 
 once privately whipped, either in- 
 stead of or in addition to such impr. 
 [under s. 1] ; — and the justices to 
 order aconstable to inflict the whipping 
 when ordered to be done out of prison 
 (s. 1). 
 
 Or, if oiFence not proved, — or if the jus 
 tices deem it not expedient to inflict 
 any punishment, — accused may be 
 dismissed on finding surety for future 
 good behaviour, and a certificate of 
 dismissal is to he given to him (s. 1) 
 
 8rd Conviction. Felony (12 & 13 Vict, 
 c. 11, s. 3). 
 
 [Vide the provisions of the Reformatory 
 Schools Ants, axite, pp. 157 — 165.] 
 
 If Ap- 
 peal, and 
 Time, 
 
 ate. 
 
 No. 
 
 The clerk 
 to con- 
 victing 
 justices, to 
 be by him 
 paid over 
 for use of 
 county rate, 
 &c. (s. 6). 
 
 Penalty, itc. 
 
 and 10 whom 
 
 payable. 
 
 Stealing, or severing with intent to steal, ore or coal from mines 
 (Id. s. 37 ). Workmen in Cornish mines removing or con- 
 cealing ore to defraud adventurers or other miners (2 & 3 
 Vict. c. 58, s. 10). The like, in Devonshire mines (18 & 
 19 Vict. c. 33, s. 28). 
 
 Stealing, or damaging with intent to steal, a tree, sapling, 
 shrub or underwood, growing in a park, pleasure ground, 
 garden, orchard or avenue, or in any ground belonging or 
 adjoining to a dwelling-house,— value or damage above 
 £1 ; — or growing elsewhere, if exceeding £6 (7 & 8 Geo. 4, 
 c. 29, 9. 38). 
 
 The like, wheresoever growing, of value of Is. at the least, 
 after two previous summary convictions (Id. 9. 39). 
 
 The like, a plant, root, g-gJIt^'/^^^WejIj^duction, growifig 
 
596 Summary Jurisdiction in Larceny, [part i. 
 
 10 & 11 Vict. in a garden, orchard, nursery ground, hothouse, green- 
 
 "• ^^" house or conservatory, after one previous summary con- 
 
 viction (Id. s. 42). 
 
 The like, metal, wood, &c. fixed to houses or land, or in any 
 public place (Id. s. 44). 
 
 Larceny, by tenants or lodgers, of chattels or fixtures let to be 
 used with house or lodging (Id. s. 45). 
 
 Larceny, of orders, debentures, bills, bonds, &c., warrants or 
 other securities for money or goods (Id. s. 5). 
 
 Wilfully coursing, hunting, snaring or carrying away, — or 
 killing or wounding, — or attempting to kill or wound, — 
 any deer kept in an inclosed forest, &c. (Id. s. 26). 
 
 The like, in uninclosed ground, after one previous summary 
 conviction (Id.) Entering into any forest, &c. of deer, 
 with intent unlawfully to hunt, &c., and beating or 
 wounding the deer keeper in the execution of his duty 
 (Id. s. 29). 
 
 As neither the Juvenile Offenders Act nor the Criminal 
 Justice Act extends to receivers of stolen property, when such 
 persons are charged either with or without a principal amenable 
 to summary punishment under those acts, the case should be 
 heard as if intended for trial by a jury. 
 
 B. Where Hearing of Charge must take Place— General 
 Provisions of the 10 ^ 11 Vict. c. 82, and 13 ^ 14 Vict. 
 c. 37, in Force. 
 
 Where hearing The charge is to be heard " before any two or more justices 
 
 of charge is to ^f jjjg peace for any county, riding, division, borough, liberty, 
 
 or place in petty sessions assembled, at the usual place, and in 
 
 open court" (10 & 11 Vict. c. 82, s. 1), or before one police 
 
 magistrate of the metropolis sitting at a police court, and any 
 
 Accused to be Stipendiary magistrate sitting in open court (s. 2). By s. 2 of 
 
 j'ec''tfto^be^ °''" ^^^ ^^ ^ 1^ ^''^'- ^- ^'^^ °"^ °f ^^^ justices before whom any 
 summarily person shall be charged and proceeded against under this act 
 tried. OP ^Y^g hereinbefore recited acts [10 & 11 Vict. c. 82, and the 
 
 Irish Act 11 & 12 Vict. c. 59], hfore such person shall be 
 asked whether he or she has any cause to show why he or she 
 should not be convicted, shall say to the person so charged 
 these words, or words to the like effect :— " We shall have to hear 
 what you wish to say in answer to the charge against you ; but 
 if you wish the charge to be tried by a jury, you must object 
 
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CHAP. IV.] Sect. 2. The Juvenile Offenders Act. 597 
 
 now to our deciding upon it at once ;"- and if such person, or 10 & ^ '^'''='- 
 
 a parent of such person, shall then object, the justices shall ! — ! 
 
 proceed with the charge as if the said acts had not been passed. 
 The 10 & 11 Vict. c. 82, s. 1 provides,— " that if such justices 
 shall be of opinion, before the person charged shall have wade 
 his or her defence, that the charge is from any circumstances 
 a fit subject for prosecution by indictment, — or if the person 
 charged shall, upon being called upon to answer the charge, 
 object to the case being- summarily disposed of under the pro- 
 visions of this act 1,— such justices shall, instead of summarily 
 adjudicating thereupon, deal with the case in all respects as if 
 this act had not been passed." 
 
 A doubt has been raised on these provisions, whether the 
 proceedings under these acts are to be in conformity with those 
 adopted upon summary convictions, or upon a preliminary in- 
 quiry in indictable offences, i. e., whether the charge is to be 
 read to the accused before any evidence is taken down, and he 
 is to be asked then if he objects, or whether this is to be done 
 after the evidence for the prosecution has been taken down. 
 It is said (Saund. Prac. Magis. Cts. p. 204), that the intro- 
 duction into clause 2 of the 13 & 14 Vict. c. 37, of the words 
 " before such person shall be asked whether he or she has 
 any cause to show why he or she should not be convicted' 
 (which is the expression of the 11 & 12 Vict. c. 43, s. 14, ante, 
 p. 138), favours the opinion that the proceedings are to be in 
 conformity with those adopted upon summary convictions ; 
 and that if the defendant does not exercise his option of being 
 tried by a jury, he may be called upon to plead to the charge 
 as upon an information, and upon his pleading guilty may be 
 convicted without further evidence. Mr. Archbold (p. 60 of 
 his Crim. Proc. 1852) seems of the same opinion, for after 
 giving the above extract from 13 & 14 Vict. c. 37, s. 2, he 
 says — " If he object, the summary proceeding ceases, and the 
 prosecutor must proceed in the ordinary way by indictment ; 
 but if he say he has no objection, then the justices take his 
 plea, proceed to hear the rvitnesses, and convict him or dis- 
 miss the charge ;'' but Mr. Cox, in his useful little work on the 
 " Practice of Summary Convictions in Larceny," says, (pp. 68, 
 69'>, that when the case for the prosecution is closed, and before 
 the prisoner is asked to plead, the justices are to ask the accused 
 
 1 This contingency is provided for by the 13 & H Vict, c 37, s. 2, supra. 
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598 
 
 Summary Jurisdiction in Larceny. [part i. 
 
 10 & 11 Vict. 
 c. 82. 
 
 Course of pro- 
 cedure at the 
 hearing. 
 
 in the woi'ds of 13 & 14 Vict. c. 37, s. 2, if he ohjects ; and that 
 if he ohject the justices will then proceed to hear any defence he 
 may have to offer, observing the same rules as under the Cri- 
 minal Justice Act. The writer ventures to express his opinion, 
 that the latter is the correct construction of the proviso in 10 
 & 11 Vict. c. 82, 8. 1, and the 13 & 14 Vict. c. 37, s. 2; but 
 whatever the correct view may be, the practice in the metropolis 
 is to treat the cases under this act as under the Criminal 
 Justice Act, in all respects, up to the time of completing the 
 evidence for the prosecution, as if the accused were to be com- 
 mitted for trial 2. 
 
 The course of procedure at the hearing may, therefore, be 
 stated to be this : — 
 
 1. The clerk, after taking the depositions, to say to accused, — 
 
 " The charge against you is, for that you on the day of 
 
 did" [stating the offence as in the caption of the depo- 
 sitions]. 
 
 2. Then one of the justices to say (pursuant to 13 & 14 Vict. c. 37, 
 
 B. 2), — "We shall have to hear what you wish to say in 
 answer to this charge ; but if you wish the charge to be tried 
 by a jury, you must object now to our deciding upon it at 
 
 3. If the accused or his parent do not object, then the justices to 
 
 say, — " Now we must ash you, are you guilty or not guHty 
 of the charge ? " If he plead " Guilty" consider the 
 punishment : — if he plead " Not Ouilty," hear his defence 
 and consider the judgment. 
 
 4. If the accused or his parent do object, the summary jurisdiction 
 
 2 If the case is to be treated as on a preliminary inquiry on an indict- 
 able offence, the following provisions of the 10& 11 Vict c. 82, are repealed 
 by the substituted provisions of the 11 & 12 Vict. c. 42 (Jervis's Act as to 
 procedure for indictable offences), viz. — as to the process to be issued 
 against the offenders (10 & 11 Vict. c. 82, s. 4) ; the service of the summons 
 (s. 8) ; the remanding and bailing of the accused (s. 5); as to the same 
 justices hearing the charge (s. 13) j the process to witnesses (a. 7) ; and the 
 forms in the schedule. If the case is to be treated as on a summary con- 
 viction, the 11 8: 12 Vict. c. 43, ante, pp, 89, 90, would likewise operate as 
 a repeal of the same sections of the 10 & 11 Vict. c. 82 ; the only difference 
 being, in any event, whether the accused must be asked if he object to the 
 summary jurisdiction before or after taking the evidence for the prosecution. 
 The latter course is most just and fair to the accused. The forms in the 
 11 Si 12 Vict. c. 43, of convictions (l.2, or 1.3), certificate of dismissal (M.), 
 and commitments (O. I, or P. I) in the case of a penalty or imprisonment 
 imposed, may be used, the conviction and commitment being adapted as 
 shown in Oke's Magisterial " Formulist," 2nd edit. p. 144, Nos. 19—23. 
 Forms of certificate of dismissal and conviction were given in the 10 & H 
 Vict c. 82, but those of general application in the 11 & 12 Vict. c. 43, must 
 be substituted for them. 
 
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CHAP. IV.] Sect. 2. The Juvenile Offenders Act. S99 
 
 cannot be applied, and the justice must caution him in the 10 & 11 Vict. 
 usual form for an indictable offence, if the evidence be suffi- "" 
 
 cient to send the accused for trial. 
 
 We have observed (Note 2, ante, p. 598), that several of Other pro- 
 
 the enactments of the 10 & 11 Vict. c. 82, have been repealed TJf'rf,°l'^f 
 
 . . ' ^ 10 & 11 Vict. 
 
 by the general act regulating justices proceedings. The pro- c. 82, in force. 
 
 visions of that act which remain in force, and are special, are 
 
 the following : — 
 
 By s. 3, — " every person who shall have obtained such cer- Proceedings a 
 
 tificate of dismissal as aforesaid 4, — and every person who shall "" *° '"i""'"^"^ 
 
 have been convicted . under the authority of this act, — shall 
 
 be released from all further or other proceedings for the same 
 
 cause." By s. 5, — " every such recognizance [i. e., the re- Kecognizances 
 
 cognizance of the bail for accused to appear on the remand °^}'^^^ ""^y he 
 jT in • . . . enlarged, 
 
 day] may be enlarged from time to time by any such justice or 
 
 justices to such further time as he or they shall appoint 5." 
 
 By s. 7, — " any justice of the peace may require and bind by Witnesses 
 
 recognizance 6 all persons whom he mav consider necessarv to °°^"^ '" "P- 
 , . , , . p 1 1 -l pear on remand 
 
 be examined touching the matter of such charge to attend at day. 
 
 the time and place to be appointed by him, and then and there 
 
 to give evidence upon the hearing of such charge;" and on 
 
 neglect to appear, "it shall be lawful for the justices, before 
 
 whom any person ought to have attended, to issue their warrant 
 
 to compel his appearance as a witness." By s. 11, — "the con- No forfeiture 
 
 viction (which is not to be quashed for want of form (s. 10) ), ".po" convic- 
 
 and recognizances" are to be forthwith transmitted to the clerk 
 
 of the peace ; — and by s. 12, " no conviction under the authority but justices 
 
 of this act shall be attended with any forfeiture, — but whenever '"'^5'. ""^^^ , 
 n 11 1 7 J -7 7 7 ■ • ,. 1 ■ restitution of 
 
 any person shall be deemed guilty under the provisions oi this stolen pro- 
 act, it shall be lawful for the presiding justices to order resti- P^^'yi &<=• 
 tution of the property, in respect of which such offence shall 
 have been committed, to the owner thereof or his representatives, 
 — and if such property shall not then be forthcoming, the same 
 justices, whether they award punishment or dismiss the com- 
 plaint, may inquire into and ascertain the value thereof in 
 money, and if they think proper order payment of such sum 
 of money to the true owner hy the penon or persons convicted, 
 
 4 Under s. 1, when the justice " shall deem the offence not to be proved, 
 or that it is not expedient to inflict any punishment." 
 
 5 Form of enlargement of recognizance. No. 17, p. 143, Oke's " Formu- 
 list," 2nd edit. 
 
 6 Form of recognizance, No. 18, Id. 
 
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600 
 
 Summary Jurisdiction in Larceny. [part i." 
 
 10 & 11 Vict, 
 c. 82. 
 
 Expenses of 
 prosecution to 
 be paid on 
 order of jus- 
 tices : 
 
 but not to ex- 
 ceed 40s. 
 
 either at one time or by instalments at such periods as the court 
 may deem reasonable, — and the party or parties so ordered to 
 pay shall be liable to be sued for the same as a debt in any 
 court in which debts may be by law recovered, with costs of 
 suit, according to the practice of such court 7. 
 
 By s. 14,— the justices " before whom any person shall be 
 prosecuted or tried for any offence cognizable under this act 
 are hereby authorized and empowered — at their discretion, 
 at the request of the prosecutor or of any other person who 
 shall appear on recognizance or summons to prosecute or give 
 evidence against any person accused of any such offence— to 
 order payment to the prosecutor and witnesses for the pro- 
 secution of such sums of money as to the justices shall seem 
 reasonable and sufficient to reimburse such prosecutor and 
 witnesses for the expenses they shall have severally incurred in 
 attending before the examining magistrate, and in otherwise 
 carrying on such prosecution, and also to compensate them 
 for their trouble and loss of time therein, — and to order pay- 
 ment to the constables and other peace officers for the appre- 
 hension and detention of any person or persons so charged;— 
 and, although no conviction shall actually take place, it shall 
 be lawful for the said justices to order all or any of the pay- 
 ments aforesaid when they shall be of opinion that the parties 
 or any of them have acted bond fide; and the amount of ex- 
 penses of attending before the examining magistrate, and the 
 compensation for trouble and loss of time therein, and the al- 
 lowance to the constables and other peace officers for the ap- 
 prehension and detention of the offender, and the allowances to 
 be paid to the prosecutor, witnesses and constables for attending 
 at the said petty sessions, shall be ascertained by and certified 
 under the hands of the justices in such petty session assembled 
 as aforesaid ; — provided always, that the amount of the costs, 
 charges and expenses attending any such prosecution, to be al- 
 lowed and paid as aforesaid, shall not in any one case exceed the 
 sum of forty shillings ; — provided also, that no expenses shall 
 be allowed to prosecutors, witnesses and constables exceeding 
 the sums allowed according to a scale of fees and allowances 
 authorized and settled by the justices of the peace at quarter 
 
 7 The order for restitution {vide form, Oke's " Formulist," 2nd ed. p. 115, 
 No. 28) may, it seems, be made on any person in whose custody the stolen 
 property may happen to be ; but no remedy is provided on the disobedience 
 of such an order, and therefore it must be by indictment. 
 
 Digitized by Microsoft® 
 
CHAP. IV.] Sect. 2. The Jueenile Offenders Act. 601 
 
 sessions assembled, according to the statute in such ease made 10 & II Vict, 
 and provided, with respect to preliminary inquiries before jus- '- — '■ 
 
 tices of the peace in cases of felony 8." 
 
 By s. 15, — " every such order of payment to any prosecutor Order for pay- 
 or other person, after the amount thereof shall have been certi- ™®"* °v"^' . 
 '^ , ' penses, how to 
 
 fied by the justices as aforesaid, shall be forthwith made out 9 be made, 
 and delivered by the clerk of the said petty sessions unto such 
 prosecutor or other person, upon such clerk being paid for the 
 same the sum of sixpence for every such person, and no more, 
 and, except in cases hereinafter provided for [i. e. in boroughs, 
 for which see s. 16], shall be made upon the treasurer of the 
 county, riding or division in which the offence shall have been 
 committed, or shall be supposed to have been committed, who 
 is hereby authorized and required, upon sight of every such 
 order, forthwith to pay to the person named therein, or to any 
 other person duly authorized to receive the same on his or her 
 behalf, the money in such order mentioned, and shall be allowed 
 the same in his accounts : — provided always, that no such order 
 shall be valid, nor shall such treasurer pay any money thereon, 
 unless it shall have been framed and presented in such form 
 and under such regulations as the justices of the peace in 
 quarter sessions assembled shall from time to time direct." 
 
 Forms. 
 
 Vide Oke's " Formulist," 2n<i ed. pp. 141—143, Nos. 1—15. Statements of 
 
 offences. 
 
 (See Note % ante, p. 598.) Certificate of 
 
 dismissal. 
 
 Id. p. 143, Nos. 16—18 ; and p. 145, Nos. 26, 27. jj^^^,, 
 
 Id. p. 144, Nos. 19—21 (see Note 2, ante, p. 598). 
 
 nizances. 
 
 Convictions in 
 a penalty, im- 
 prisonment or 
 
 8 This is a very badly drawn clause, and its provision, that the con- whipping.' 
 victing justice shall certify the costs incurred in order that their clerk ipay 
 
 draw up the order, is simply ridiculous. It is evidently an attempt to adapt 
 the 7 Geo. 4, c. 64, s. 22 (applicable to a case where the examining magis- 
 trate in a charge of felony certifies the expenses to the court where the trial 
 takes place) to the petty sessions. The 18 & 19 Vict. c. 126, e. 14 (ante, 
 p. 586), is a better clause. 
 
 9 fide form of order, Oke's "Formulist," 2nd edit. p. 147, No. 31, 
 
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602 Summary Jurisdiction in Larceny. [part i. 
 
 Commitments. Vide Oke's "Formulist," 2nd ed. p. 144, Nos. 22, 23 (see Note 2, 
 ante, p. 598). 
 
 Appointment Id. pp. 144, 145, No. 24. 
 
 to whip. 
 
 Order forresti- Id. pp. 145, 146, No. 28. 
 
 tution. 
 
 Order for pay- Id. p. 146, No. 29. 
 
 ment of value. 
 
 Certificate and Id. pp. 146—148, Nos. 30-32. 
 
 order for costs. 
 
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PART II. 
 
 AS TO INDICTABLE OFFENCES, 
 
 CHAPTER I, 
 
 THE LAW ANB PRACTICE OF PHOCEDUBE IN GENERAL. 
 
 The law and practice of procedure before justices of the peace Preliminary 
 
 out of quarter sessions, -with respect to indictable affences ante- Observations. 
 
 cedent to and on the preliminary examination and committal 
 
 of accused persons for trial, are regulated •wholly by Jervis's 
 
 Act, 11 & 12 Vict. c. 42, which came into operation on the 2nd 
 
 of October, 1848, like the other statute, 11 & 12 Vict. c. 43, 
 
 and a few provisions in the acts of parliament giving cognizance 
 
 of the oflFence. The act repealed the previous acts on the 
 
 subject 1. 
 
 The preamble of the statute 11 & 12 Vict. c. 42, which has 
 effected great alteration and improvements upon the old prac- 
 tice, recites, that " it would conduce much to the improvement 
 of the administration of criminal justice within England and 
 Wales, if the several statutes and parts of statutes relating 
 to the duties of her Majesty's justices of the peace therein, 
 with respect to persons charged with indictable offences, were 
 
 1 Acta repealed^] By s. 34 the following acts and parts of acts are 
 repealed from and after the 2nd of October, 1848, viz. whole acts — 13 Geo. 3, 
 c. 31 ; 28 Geo. 3, c. 49 ; 54 Geo. 3, c. ]$6 ; 1 & 2 Geo. 4, c. 63 ; and parts 
 of the following — 14 Geo. 3, c. 92, ss. 3, 4 ; and 45 Geo. 3, c. 92, ss. 5, 6, as 
 relate to the apprehension, backing warrants and bailing offenders escaping 
 from Ireland into England, or from England into Ireland ; 3 Geo. 4, c. 46, 
 B. 4, as relate to the form of recognizances, and to the notice to be given to 
 persons acknowledging the same ; 7 Geo. 4, c. 38, as relate to taking exami- 
 nations and commitment of persons charged with offences upon the sea ; 
 7 Geo. 4, c. 64, ss. 1, 2, 3, and 5 & 6 Will. 4, c. 33, b. 3, as relate to bail in 
 cases of felony, and taking examinations in felonies and misdemeanors, and 
 binding persons to prosecute, &c. i 6 & 7 Will. 4, c. 114, 9. 3, as relate to 
 the right of the accused to copies of depositions, " and all other act or acts, 
 or parts of acts, which are inconsistent with the provisions of this act ; save 
 and except so much of the said several acts as repeal any other acts or parts 
 of acts, and also except as to proceedings now pending to which the same 
 or any of them are applicable." 
 
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604 
 
 Indictable Offences. 
 
 [part II. 
 
 What 11 & 12 
 Vict. t. 42, 
 applies to. 
 
 Divisions of 
 the practice. 
 
 consolidated, with such additions and alterations as may be 
 deemed necessary, and that such duties should be clearly de- 
 fined by positive enactment ;" — and the statute applies, without 
 exception, to " all cases where a charge or complaint shall be 
 made before any one or more of her Majesty's justices of the 
 peace for any county, riding, division, liberty, city, borough or 
 place within England or Wales, that any person has committed, 
 or is suspected to have committed, any treason, felony or in- 
 dictable 'misdemeanor, or other indictable offence whatsoever" 2 
 (s. 1). 
 
 The practice of procedure may be conveniently arranged 
 under the following heads, the several forms or outlines in the 
 schedule to the 11 & 12 Vict. c. 42, being incorporated under 
 the respective sections and divisions of the subject to which 
 they are to be applied, with explanatory notes. 
 
 Sect. I. As to preferring the Charge, p. 604. 
 
 II. The Process to issue against Offenders, 
 p. 611. 
 III. Of remanding or bailing Accused before 
 
 OR during Examination, p. 646. 
 IV. Of compelling Witnesses' Attendance, &c. 
 p. 649. 
 V. The preliminary Examination, p. 653. 
 VI. Of binding over Prosecutor and Witnesses, 
 &c. p. 673. 
 VII. Of bailing Accused after Examination, 
 p. 679. 
 VIII. Of Costs attending the Prosecution, &c. 
 p. 685. 
 
 Time for com- 
 mencing prose- 
 
 SeCT. I. As TO PREFERRING THE CHARGE. 
 
 The only instances of the time of prosecution for an indictable 
 offence being limited are by the act relating to the training to 
 the use of arms (60 Geo. 3 & 1 Geo. 4, c. ], s. 7), the Night 
 Poaching Act (9 Geo. 4, c. 69, s. 4), the Riot Act (1 Geo. 1, 
 St. 2, c. 5, s. 8), the Customs Act (16 & 17 Vict. c. 107, s. 303), 
 and the Marriage and Registration Act (6 & 7 Will. 4, c. 85, 
 s. 41); — by the first act the prosecution must be commenced 
 
 2 As to the particular offences which must he prosecuted in particular 
 jurisdictions, see an(e, pp. 12 — 17, paragraphs Nos. 10 — 25. The provisions 
 of Jervis's Act are cumulative, and therefore where a special mode of pro- 
 ceeding is pointed out with respect to certain offences, for instance, keeping 
 a disorderly house, non repair of a highway, &c., it must be followed. 
 
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605 
 
 CHAP. I.] Sect. 1. As to preferring the Charge. 
 
 within six calendar months;— by the second and third within 
 twelve calendar months, and by the fourth and fifth within 
 three years after the offence committed 3 ; in other cases the 
 charge may be preferred at any time after the commission of 
 the offence ; but any delay in doing so must be, satisfactorily 
 explained. 
 
 As to the place where the offence was committed, the general Place of 
 rule is that the offences must be inquired of in the county or offence, 
 district in which they arose by justices of that county or district ; 
 but this can hardly be said practically to apply since there are 
 so many exceptions which give justices jurisdiction when the 
 offences are indictable, viz. — 
 
 Justices may grant a warrant for offences out of their jurisdiction, 
 if the person charged be within it (11 & 12 Vict. c. 42, s. 1, 
 post, p. 612) : 
 Also for offences at sea or abroad, and commit for trial (Id. s. 2, 
 
 post, p. 620) : 
 Also may hear any charge committed in another jurisdiction, if 
 
 the offender is within the justices' jurisdiction (Id. s. 22) : 
 Also for treason or any felony in the colonies (6 & 7 Vict.'c. 34, 
 
 and 16 & 17 Vict. c. 118, ante, p. 14) : 
 Also for certain offences in France and America (6 & 7 Vict. 
 
 cc. 75, 76, post, pp. 633—638) : 
 Also for offences within 500 yards of the boundary of the justices' 
 
 jurisdiction, or begun in another county and Completed in 
 
 the justices' jurisdiction (7 Geo. 4, c. 64, s. 12, ante, p. 16) : 
 Also for offences during a journey or voyage, if the carriage or 
 
 vessel passed through the justices' jurisdiction (Id. o. 13, ante, 
 
 p. 15) : 
 Also for murder, &c. abroad, if the offender is within the justices' 
 
 jurisdiction (9 Geo. 4, c. 31, s. l,post, p. 623) : 
 Also for offences partly in England and partly out of it (Id. s. 8, 
 
 post, p. 624) : 
 And a variety of other instances applicable to special crimes and 
 
 offences, for which see paragraph No. 25, ante, pp. 16, 17. 
 
 By 9. 4 of the 11 & 12 Vict. c. 42, — " any justice or justices Information 
 of the peace may grant or issue any warrant as aforesaid or any ""^y ^® ''^' 
 search warrant on a Sunday as well as' any other day." The Sunday, 
 charge may, therefore, be preferred, and an information in 
 writing and on oath taken on that day. 
 
 3 The laying the information or apprehending the accused would be 
 commencing the prosecution (see R. v. Brooks et al., 1 Den. C. C. 21 7 ; S, C, 
 2 C. & K. 402 ; 2 Cox, C. C. 436). 
 
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606 
 
 Indictable Offences. 
 
 [part II, 
 
 When informa- 
 tion to be in 
 writing and on 
 oath. 
 
 No objection to 
 form. 
 
 Form of oath. 
 
 Requisites of 
 the informa- 
 tion. 
 
 The offenders. 
 
 By s. 8, — "in all cases where a charge or complaint for any- 
 indictable offence shall be made before such justice or justices 
 as aforesaid, if it be intended to issue a warrant in the first 
 instance against the party or parties so charged, an information 
 and complaint thereof ( (A), post, p. 610) in writing, on the 
 oath or affirmation of the informant 4, or of some witness or 
 witnesses in that behalf, shall be laid before such justice or jus- 
 tices ; — provided always, that in all cases where it is intended to 
 issue a summons instead of a warrant in the first instance, it 
 shall not be necessary that such information and complaint shall 
 be in writing, or be sworn to or affirmed in manner aforesaid, 
 but in every such case such information and complaint may be 
 by parol merely, and without any oath or affirmation whatsoever 
 to support or substantiate the same : — provided also, that no 
 objection shall be taken or allowed to any such information or 
 complaint for any alleged defect therein in substance or in form, 
 or for any variance between it and the evidence adduced on the 
 part of the prosecution before the justice or justices who shall 
 take the examination of the witnesses in that behalf as herein- 
 after mentioned," 
 
 The forms of oath, &c, on receiving jhe information and 
 complaint, and from persons of different religious persuasions, 
 are given, ante, p. 63, 
 
 Although the same strictness is not required in the form and 
 manner of stating an indictable ofiFence as on summary convic- 
 tions, the information must show, in substance, the offence in 
 respect of which the charge is made 5 ; but a technical de- 
 scription of the offence should appear on' the warrant, of which 
 we have treated in a subsequent section of this chapter. 
 
 The general rule is, that all persons are responsible for their 
 acts done in violation of the law ; but to this rule there are 
 exceptions in favour of infants, insane persons, persons under 
 coercion, as married women and others (see Arch. Crim. PI. 
 by Welsby, 12th edit., pp. 11—19). 
 
 4 Who to prefer Charge.'] Any person it appears may prefer the charge, 
 hut this section contemplates that the informant or witness must know 
 something of the facts of the case from his own knowledge. A constable 
 would be the proper party to prosecute, if the owner of property stolen be 
 unwilling to do so, and in that case the owner might be summoned as a 
 witness. But the approved practice is to take an information in the form 
 of a deposition in the first person, stating shortly the facts, and not an in- 
 formation of the offence couched in the technical language of an indictment 
 or commitment. 
 
 5 See Note 4, supra. 
 
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CHAP. I.] Sect. 1. As to preferring the Charge. 607 
 
 An infant under seven years of age is not criminally respon- Infants, 
 sible, the law considering the mental capacity of a child of such 
 tender years to be too immature to enable it to forai a sufficient 
 judgment of right and wrong ; but above seven and under four- 
 teen they are criminally responsible for their acts, if it appear 
 that they had sufficient discretion (R. v. Owen, 4 C. & P. 236) ; 
 but there is an exception in charges of rape, and assault with 
 intent to commit that crime (H. v. Phillips, 8 C. & P. 736) ; 
 but an infant may be found guilty of an assault under 1 Vict, 
 c. 85, s. 11 {R, V. Jordan, 9 C. & P. 118). Under the statutes 
 10 & 11 Vict. c. 82, 13 & 14 Vict. c. 37, and 18 & 19 Vict. 
 c. 126, persons under and above sixteen years of age may be 
 punished summarily for simple larceny and other felonies {vide 
 Chap. IV. " Summary Jurisdiction in Larceny,^' ante, p. 580). 
 In the case of a lunatic, the law presumes the offence to have Lunatics, 
 been committed in a lucid interval, unless it appear to have 
 been committed in the time of his distemper (1 Hale, 33, 34 ; 
 1 Hawk. P. C. pp. 2, 3) ; and where persons supposed to be 
 lunatic are charged before a justice with an indictable offence, 
 the course to take is to secure their appearance at the trial, in 
 order that, if they be insane, they may be confined under the 
 acts 1 & 2 Vict. c. 14, and 3 & 4 Vict. c. 54 (see tit. " Luna- 
 tics," Part III.) A wife cannot be convicted of any larceny. Wife, 
 burglary, forgery, or for uttering forged notes, if the offence 
 be committed in the presence of her husband, and with his 
 coercion and participation {R. v. Hughes, 1 Lewin, C. C. 229) ; 
 but in treason, murder, perjury and robbery, and, according to 
 the authorities, in misdemeanors generally, the presence and 
 coercion of her husband will not avail her (3 J. P. 29) ; or 
 ■where the wife was the more active party, or her husband was 
 incapable of constraining her to commit the offence (Ben. Form, 
 p. 82). A wife is not guilty of larceny with respect to her 
 husband's goods ; but if her adulterer receives them knowingly 
 he would be guilty, and likewise if he took them in company 
 with the wife (iS. \..Tollfree, Ryan & M. C. C. R. 243); but 
 if the property be the wearing apparel of the wife, he could not 
 be convicted of stealing those articles {Reg. v. Filch, 1 Dears. 
 & Bell C. C. 187; 7 Cox's Cr. Cas. 269). If an offence be Through irre- 
 committed through the instrumentality of an irresponsible agent, sponsible 
 as an idiot, a lunatic, or an infant or child without legal discre- *^^" ^" 
 tion, as well as procured to be done by artifice, the employer or 
 
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608 
 
 Indictable Offences. 
 
 [part ir. 
 
 Accessories 
 before the fact, 
 
 procurer is answerable alone, and as principal, even although 
 he was absent when the act was done 6. 
 
 Aliens. With respect to crimes committed in this country by foreigners, 
 
 it may be stated generally, that they, being resident here, under 
 the protection of our laws, and therefore subject to them (^Cal- 
 vin's case, 7 Co. Rep. 6), are punishable here in the same way 
 as natural born British subjects would be, and if indicted, it is 
 no excuse whatever that the act charged against them is no 
 offence by the laws of their native country 6 a. As respects 
 offences here with respect to foreign states, see post, p. 623. 
 
 By the 11 & 12 Vict. c. 46, s. 1, accessories before the fact? 
 to felonies are made punishable as principals as in treason and 
 misdemeanors : the section enacts, " from and after the passing 
 of this act [\4t/i August, 1848], if any person shall become an 
 accessory before the fact to any felony, whether the same be a 
 felony at common law or by virtue of any statute or statutes 
 made or to be made, such person may be indicted, tried, con- 
 victed and punished in all respects as if he were a principal 
 felon." 
 
 After the fact. As to accessories after the fact 7, there was no general statute 
 which allowed of their being tried before the principal ofiFender 
 was convicted; but sect. 2 of the 11 & 12 Vict. c. 46, allows 
 them to be " indicted and convicted, either as an accessory after 
 the fact to the principal felony, together with the principal 
 felon, or after the conviction of the principal felon,— or to be 
 indicted and convicted of a substantive felony, whether the 
 principal felon shall or shall not have been previously convicted, 
 or shall or shall not be amenable to justice ; — and may thereupon 
 be punished in like manner as an accessory after the fact to the 
 same felony, if convicted as an accessory, may be punished ;— 
 and the offence of such person, howsoever indicted, may be 
 
 6 1 Greaves's Russell, p. 18 i iJ. v. Michael, 9 C. & P. 356 ; Hammmd'i 
 Case, 1 Leach, 417 ; and see R. v. Bleasdale, 2 C. & K. 765. 
 
 6a R- V. Esop, 1 Car. & P. 456 ; 7 & 8 Vict. c. 66, s. 16, makes a woman 
 married to a British subject, or to a person naturalized, a British subject 
 {R. V. Manning, 2 C. & K. 887 ; 19 L. J. (N. S.) M. C. 1. Foreigners under 
 our protection abroad seem also to be treated as British subjects [R. v. Azzo- 
 pardi, 2 Mood. C. C. 288 ; 1 C. & K. 203). 
 
 7 An accessory before the fact is he who, being absent at the time of the 
 felony committed, doth let, procure, counsel, command or abet another to 
 commit a felony (1 Hale, 616). An accessory after the fact is one who, 
 knowing a felony to liave been committed by another, receives, relieves, 
 comforts or assists the felon, whether he be a principal or an accessory 
 before the fact merely (Id. 617). 
 
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CHAP. I.] Sect. 1. As to preferHng the Charge. 609 
 
 inquired of, tried, determined and punished by any court which 
 shall have jurisdiction to try the principal felon, in the same 
 manner as if the act by reason of which such person shall 
 become an accessory had been committed at the same place 
 as the principal felony." 
 
 In high treason, and in all crimes under the degree of felony. In treason and 
 there are no accessories ; but all persons concerned therein, if ^jj principals, 
 guilty at all, are principals ; the same rule holding with regard 
 to the highest and lowest offences ; to the highest propter 
 odium delicti; to the lowest, because the law, qu(s de minimis 
 non curat, does not descend to distinguish the different shades 
 of guilt in petty misdemeanors (4 Blackstone, 36). 
 
 A dying declaration may be made by the deceased orally or Dying deola- 
 in writing to a magistrate or other parties, and proved by the J^ayt'e^made. 
 party who heard the expressions used by the deceased ; and 
 although no particular form of the declaration is necessary, 
 there are certain material ingredients required by the various 
 decisions on the subject, in order to its admissibility in evi- 
 dence against a prisoner, viz. — 1, the cause of the death of 
 the declarant must be the subject of inquiry ; 2. the circum- 
 stances of the death the subject of the declaration ; and 3, 
 it must appear to have been made at a time when the de- 
 ceased was perfectly aware of his danger, and entertained 
 no hope of recovery 8 ; but it is only in cases where the deceased, 
 if he had lived, could be received as a witness, that this 
 evidence is receivable {R. v. Pike, 3 C. & P. 598). It appears 
 that whether this declaration be in writing or not, it should not 
 be upo7i oath when taken in the accused's absence by a magis- 
 trate, and that it has no greater force as evidence if made upon 
 oath, although one upon oath, embodied in a written informa- 
 tion for the injury to the declarant under the 11 & 12 Vict. c. 
 42, would be admissible in evidence ; for the justice on the 
 preferring of a charge has authority to administer an oath (Id. 
 s. 8; ante, p. 606) ; but the principle upon which these dying 
 declarations are receivable in evidence being founded on the 
 situation of the dying person, which is considered as powerful 
 over his conscience as the obligation of an oath (Phil. Evid, 
 
 8 R. V. Mead, 2 B. & C. 605 i R. v. Hutchinson, Id. 608, n. ; R. v. Lloijd 
 and others, 4 C. & P. 233 ; R. v. Crockett, Id. 544 ; R. v. Bonner, 6 C. & P. 
 886 ; S. V. Foster, Id. 325 ; R. v. Spilsbury, 7 C. & P. 187 ; R. v. Fagent, Id. 
 238 ; R. V. Woodcoclc, 1 Leach, 600; Reg. v. Taylor, 3 Cox's C. C. 84 ; Reg. 
 V. Reany, 26 L. J. (N. S.) M. C. 43 j 1 Dears. & Bell, C. C. 151 ; 21 J. f, 
 104; 7 Cox, C. C. 209. 
 
 o. 8. Digitized by Microsoft® R R 
 
610 
 
 Indictable Offences. 
 
 [part II. 
 
 Information for 
 search warrant 
 for stolen 
 goods. 
 
 Several 
 offenders. 
 
 Criminal 
 charges arising 
 out of civil 
 proceedings. 
 
 1st edit. p. 100), shows that it need not he on oath. If taken 
 on oath in the presence of the accused, it then becomes a de- 
 position, and may be used, under 11 & 12 Vict. c. 42, s. 17, in 
 the event of the party's death, without the necessity of proving 
 that it was made in anticipation of death 9. 
 
 A search warrant may be granted by any one justice upon 
 an information on oath 10 by the owner of the goods stolen, or 
 any person on his behalf, if reasonable ground for suspecting 
 that such goods are in the house or upon the premises of a 
 particular person within the jurisdiction of the justice gi'anting 
 the warrant; but a positive oath that larceny is actually com- 
 mitted is not necessary {Elsee v. Smith, 1 D. & R. 97). See 
 7 & 8 Geo. 4, c. 29, s. 63, as to search warrant for property 
 stolen or unlawfully obtained, which offences are punishable 
 under that act. 
 
 Several offenders, who have taken part in committing the 
 same offence, as well as several offences committed by one 
 person, may be joined in the same information and complaint, 
 there being no restriction in this statute (11 & 12 Vict. c. 42) 
 as in the act 11 & 12 Vict. c. 43, s. 10, relating to summary 
 convictions and orders, as to the number of offences. 
 
 As a general rule, magistrates ought not to entertain criminal 
 charges arising out of civil proceedings, which are still pending; 
 at all events, except for the purpose of holding the accused to 
 bail, unless the trial has been postponed to allow the cri- 
 minal charge to be first disposed of. Of course, therefore, in 
 the absence of such postponement, the court will not compel 
 justices to proceed on the criminal charge while the cause is 
 pending 11. 
 
 Forms. 
 
 (A) Informa- J The information and complaint of C. D., of [_ 
 
 tion and com- to wit. S taken this day of , in the year of our Lord, 185- 
 
 plaint for an before the undersigned, [one] of her majesty's justices of the peace in 
 
 indictable 
 
 offence. "^ 
 
 9 Vide Form suggested, No. 5, Oke's " Formulist," 2nd ed. p. 263. 
 
 10 Firfe form of Information, po5f, p. 611. . . 
 
 11 R. V. Tngham, 14 Q. B. 396. It is the practice of the Central Crimina 
 Court not to try an indictment for perjury arising out of a civil action until 
 such action is determined, unless the trial of the action has been postponed 
 by the court in order that the indictment may be tried first [R. *. Ashburn, 
 8 C. P. 50; Paley, Sum. Conv. 4th ed. p. 67). 
 
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CHAP. 1.] Sect. 1. As to preferring the Charge. 611 
 
 and for the said [county] of , who saith *, that \S^c. stating the 
 
 offence 12]. 
 
 Sworn before [me], the day and year first above mentioned, at . 
 
 The variations adapting this information to a justice of adjoining coun- 
 ties, ^c, set out, ante, pp. 109, 110, acting in one for the other, or a stipendiary 
 magistrate, will equally apply here. 
 
 [Proceed as in the last form to the asterisk *, and then :] —that the Information to 
 following goods of [him] the said C. D., to wit, [describe them] were ground search 
 
 on the day of instant [or have lately been] feloniously stolen, warrant for 
 
 taken and carried away from and out of the dwelling-house [or as the stolen goods. 
 
 case may be] of the said C. D., situate at , in the parish of , 
 
 in the [county] aforesaid : And that he, this informant, hath probable 
 cause to suspect, and doth suspect, that the said goods, or part thereof, 
 are concealed in the dwelling-house or premises [or as the case may be], 
 
 in the occupation of A. B., situate at , in the parish of , in 
 
 the said [county] of . 
 
 Sect. II. The Process to issue against Offenders. 
 
 1. In ordinary Cases, p. 611. 
 
 2. For Offences at Sea or Abroad, p. 620. 
 
 3. Where an Indictment found, p. 626. 
 
 4. Apprehension of Offenders without Warrant, p. 630. 
 
 5. Offences in Foreign Countries or the Colonies, p. 632. 
 
 6. Offenders flying to France or America or the Colonies, 
 
 p. 643. 
 
 1. In ordinary Cases. 
 
 11 & 12 Vict. c. 42, s. 1, enacts, — " that in all cases where Warrant or 
 
 a charge or complaint ( ( A ), supra 1) ) shall be made before any summons in the 
 one or more of her Majesty's justices of the peace for any 
 county, riding, division, liberty, city, borough or place within 
 England or Wales, that any person has committed, — or is sus- 
 pected to have committed, — any treason, felony or indictable 
 misdemeanor, or other indictable offence whatsoever, within 
 the limits of the jurisdiction of such justice or justices of the 
 
 12 f^ide Note 4, ante, p. 606. If it be desired to state in an information 
 the technical charge instead of a statement of facts, the form for every in- 
 dictable offence will be found in Oke's " Formulist," 2nd ed. pp. 291 — 352 ; 
 and in Chap. 2 of this part of the present work the page of the form for use 
 in each case is given. 
 
 1 It will be seen by s. 8, ante, p. 606, that where a warrant is issued an 
 information in writing and on oath must be taken ; but if a summons is 
 issued, the information need not be in writing or on oath. 
 
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612 
 
 Indictable Offences, 
 
 [part II. 
 
 11 & 12 Vict, 
 c. 42. 
 
 Warrant to be 
 issued, 
 
 or a summons, 
 
 or warrant on 
 disobedience, 
 
 or before re- 
 turn of sum- 
 mons. 
 
 peace 2, — or that any person guilty or suspected to be guilty of 
 having committed any such crime or offence elsewhere out of 
 the jurisdiction of such justice or justices is residing or being or 
 is suspected to reside or be within the limits of the jurisdiction 
 of such justice or justices, — then and in every such case, if the 
 person so charged or complained against shall not then be in 
 custody 3, it shall be lawful for such justice or justices of the 
 peace to issue his or their warrant ((B), jiosl, p. 618) to apprehend 
 such person, and to cause him to be brought before such justice 
 or justices, or any other justice or justices for the same county, 
 &c. to answer to such charge or complaint, and to be further 
 dealt with according to law ; — Provided always, that in all cases 
 it shall be lawful for such justice or justices to whom such charge 
 or complaint shall be preferred, if he or they shall so think fit, 
 instead of issuing in the first instance his or their warrant to 
 apprehend the person so charged or complained against, to 
 issue his or their summons ((C), post, p. 619) directed to such 
 person, requiring him to appear before the said justice or 
 justices at a time and place to be therein mentioned, or before 
 such other justice or justices of the same county, &c. as may 
 then be there; — and if after being served with such summons 
 in manner hereinafter mentioned he shall fail to appear at such 
 time and place, in obedience to such summons, then and in 
 eveiy such case the said justice or justices or any other justice 
 or justices of the peace for the same county, &c. may issue his 
 or their warrant ((,D), post, p 619) to apprehend such person 
 so charged or complained against, and cause such person to be 
 brought before him or them, or before some other justice or 
 justices of the peace for the same county, &c. to answer to the 
 said charge or complaint, and to be further dealt with accord- 
 ing to law 4 : — Provided nevei'theless, that nothing herein cou- 
 
 2 f'ide the Introduction, ante, pp. 12 — 17 ; as to the jurisdiction of jus- 
 tices in respect to indictable offences under special circumstances, para- 
 graphs numbered 10 to 25. As to the apprehension of persons flying to 
 France or America, or the Colonies, see pp. B^S — 645. 
 
 3 If the accused be in gaol for some other offence, and no indictment 
 found for the subsequent offence, the warrant under this section must be 
 given to the constable, and he must execute it the first opportunity. If tjie 
 charge be a serious one, or where delay would be inconvenient, a justice 
 might examine the witnesses at the gaol in the presence of the prisoner, as 
 in ordinary cases, and sign a commitment in the usual way, or a haheai 
 corpus might be obtained. See anle, p. 42. 
 
 4 Justices cannot proceed to hear a charge of an indictable offence in 
 the absence of the accused, even though he be represented by counsel or 
 attorney. 
 
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CHAP. I.] Sect, 2. The Process to issue against Offenders. 613 
 
 tained shall prevent any justice or justices of the peace from 11 & '^^"^'■ 
 
 issuing the warrant hereinbefore first mentioned, at any time ^^^ — '- 
 
 before or after the time mentioned in such summons for the 
 appearance of the said accused party." 
 
 By s. 9, after providing— " that upon such information and 
 complaint being so laid as aforesaid, the justice or justices re- 
 ceiving the same may, if he or they shall think fit, issue his or 
 their summons or warrant respectively as hereinbefore is di- 
 rected, to cause the person charged as aforesaid to be and 
 appear before him or them, or any other justice or justices 
 of the peace for the same county, riding, division, liberty, city, 
 borough or place, to be dealt with according to law," further 
 enacts, that "every such summons (C) shall be directed to the How summons 
 party so charged in and by such information, and shall state directed, 
 shortly the matter of such information 5, and shall require the 
 party to whom it is so directed to be and appear at a certain 
 time and place therein mentioned before the justice who shall 
 issue such summons, or before such other justice or justices of 
 the peace of the same county, riding, division, liberty, city, 
 borough or place as may then be there, to answer to the said 
 charge, and to be further dealt with according to law: — and How summons 
 every such summons shall be served by a constable or other '' ° ^ ^^"^^^ • 
 peace officer upon the person to whom it is so directed by de- 
 livering the same to the party personally, — or if he cannot con- 
 veniently be met with then by leaving the same with some 
 person for him at his last or most usual place of abode ; — and 
 the constable or other peace officer who shall have served the 
 same in manner aforesaid shall attend at the time and place 
 and before the justices in the said summons mentioned, to de- 
 pose, if necessary, to the service of such summons ; and if the 
 person so served shall not be and appear before the justice or 
 justices at the time and place mentioned in such summons, in 
 obedience to the same, then it shall be lawful for such justice 
 or justices to issue his or their warrant ( (D), post, p. 619) for 
 apprehending the party so summoned, and bringing him before 
 such justice or justices, or some other justice or justices of the 
 peace for the same county, &c. to answer the charge in the said 
 information and complaint mentioned, and to be further dealt 
 with according to law : —Provided always, that no objection 
 
 5 For a short mode of describing all indictable offences, see Oke'a 
 '• Formulist," 2nd edit. pp. 291—352. 
 
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614 
 
 Indictable Offences, 
 
 [part II. 
 
 11 & 12 Vict. 
 
 c. 42. 
 
 No objection 
 for alleged de- 
 fect in form, 
 &c. 
 
 How warrant 
 directed. 
 
 How warrant 
 of apprehen- 
 sion executed, 
 
 shall be taken or allowed to any such summons or warrant, for 
 any alleged defect therein in substance or in form, — or for any 
 Tariance between it and the evidence adduced on the part of 
 the prosecution before the justice or justices who shall take the 
 examinations of the witnesses in that behalf, as hereinafter 
 mentioned 6 ; — but if any such variance shall appear to such 
 justice or justices to be such that the party charged has been 
 thereby deceived or misled, it shall be lawful for such justice 
 or justices, at the request of the party so charged, to adjourn 
 the hearing of the case to some future day, and in the meantime 
 to remand the party so charged, or admit him to bail, in manner 
 hereinafter mentioned" 7. 
 
 Sect. 10, after enacting — " that every warrant ((B), p. 618) 
 hereafter to be issued by any justice or justices of the peace to 
 apprehend any person charged with any indictable offence, ■ 
 shall be under the hand and seal or hands and seals of the justice 
 or justices issuing the same, and may be directed either to any 
 constable or other person by name, or generally to the constable 
 of the parish, or other district within which the same is to be 
 executed, without naming him, or to such constable and all 
 other constables or peace officers in the county, or other district 
 within which the justice or justices issuing such warrant has or 
 have jurisdiction, or generally to all the constables or peace 
 officers within such last-mentioned county or district,— and it 
 shall state shortly the offence on which it is founded 8,— and 
 shall name or otherwise describe the offender,— and it shall 
 order the person or persons to whom it is directed to appre- 
 hend the offender, and bring him before the justice or justices 
 issuing the said warrant, or before some other justice or justices 
 of the peace for the same county, riding, division, hberty, city, 
 borough or place, to answer to the charge contained in the said 
 information, and to be further dealt with according to law;" 
 further enacts that — " it shall not be necessary to make such 
 warrant returnable at any particular time, but the same iuay 
 remain in force until it shall be executed ; — and such warrant 
 
 6 See post, p. 653, "The preliminary Examination i" but where tlie 
 ofience is not committed in the jurisdiction where offender apprehended, 
 see s. 22, post, p. 665. 
 
 7 See post, p. 646, as to remanding or bailing accused before or during 
 the examination. 
 
 8 See Note 5, ante, p. 613. 
 
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CHAP. I.] Sect. 2. The Process to issue against Offenders. 615 
 
 may be executed by apprehending the offender at any place 11 & 12 Vict. 
 
 ■within the county, riding, division, liberty, city, borougli or 1 — : 
 
 place within which the justice or justices issuing the same shall 
 have jurisdiction,— or in case of fresh pursuit at any place in 
 the next adjoining county or place, and within seven miles of 
 the border of such first-mentioned county, riding, division, 
 liberty, city, borough or place, without having such warrant 
 backed as hereinafter mentioned 9 ;— and in all cases where 
 such warrant shall be directed to all constables or other peace 
 officers within the county or other district within which the 
 justice or justices issuing the same shall have jurisdiction, it 
 shall be lawful for any constable, headborough, tithingman, 
 borsholder or other peace officer for any parish, township, 
 hamlet or place within such county or district to execute the 
 said warrant within any parish, township, hamlet or place situate 
 within the jurisdiction for which such justice or justices shall 
 have acted when he or they granted such warrant, in like man- 
 ner as if such warrant were directed specially to such constable 
 by name, and notwithstanding the place in which such warrant 
 shall be executed shall not be within the parish, township, 
 hamlet or place for which he shall be such constable, head- 
 borough, tithingman, borsholder or other peace officer." Then 
 follows a proviso similar to that in s. 9, ante, pp. 613, 614, as 
 to objections and variances in the form of the summons. 
 
 By s. 4, — " it shall be lawful for any justice or justices of the When warrant 
 peace to grant or issue anv warrant as aforesaid, — or any search "'' ^f^^"^ ^*'- 
 
 r a J 7 J rant may be 
 
 warrant,- on a Sunday as well as on any other day" 10. issued or arrest 
 
 The search warrant for stolen property mentioned supra, as "^de. 
 being authorized by s. 4 of 11 & 12 Vict. c. 42, to be granted 
 on a Sunday must be executed in the day time, if there be pro- rants, 
 bable suspicion only ; but where there is positive proof, it may 
 be executed in the night time; and may, it is conceived, be 
 
 9 The mode of measuring distances in this and similar cases is as the 
 crow flies (s?e Reg: v. Saffron Walden, 9 Q. B. 76 ; Stokes v. Grissell, 14 
 C. B. 678 ; 18 Jur. 519, J. C.) The provisions of this act as to backing 
 of warrants are contained in ss. 11 — 15, and are set out in paragraphs 
 Nos. 4—8, ante, p. 12. 
 
 10 A warrant may be executed on a Sunday if it be to apprehend for 
 treason, felony, or a breach of the peace (see 21 Car. 2, c. 7, s. 6) ; and the 
 words " breach of the peace have been holden to include all offences which 
 are impliedly against the peace, as a warrant to find sureties for good be- 
 haviour (Johnson v. Colston, T. Raym. 250), but not to a warrant of commit- 
 ment under a justice's order or conviction (fl. v. Myers, 1 T. R. 265). 
 
 Digitized by Microsoft® 
 
 Execution of 
 search war- 
 
616 
 
 Indictable Offences. 
 
 [part ir. 
 
 11 & 12 Vict, 
 c. 42. 
 
 Describing of- 
 fence, property f 
 
 ownership of 
 property, Sfc. 
 
 Ownership of 
 property 13. 
 
 executed on a Sunday. Other articles than those mentioned in 
 the warrant may be seized, if they are likely to furnish evidence 
 of the identity of those which are specified 11. 
 
 It will have been observed, by the provisions of the 11 & 12 
 Vict. c. 42, before noticed, that the summons to the party charged 
 must " state shortly the matter of such information" (s. 9), 
 and that the warrant must " state shortly the offence on whieii 
 it is founded" (s. 10) ; and although it is not necessary in these 
 preliminary proceedings that the same strict rules should be 
 adhered to as in cases of indictments and summary convictions, 
 the summons, warrants and subsequent proceedings must show 
 in legal terms an indictable offence 12 cognizable by statute 
 or at common law, into which justices are authorized to make 
 a preliminary investigation. The following epitome of certain 
 enactments relative to charging offences in indictments may, 
 therefore, be useful as information to guide in preparing the 
 summons, warrant, &c. : — 
 
 1. The 7 Geo. 4, c. 64, ss. 14 — 18, provided for the manner of 
 
 describing partners, property in turnpike roads and high- 
 ways, and provided for use of poor, &c., and are the same as 
 in the 11 & 12 Vict. c. 43, s. 4, ante, p. 107 : 
 
 2. Collectors of rates and assistant overseers stealing or emhezzling, 
 
 the property may be described as belonging to the inhabitants 
 of the parish without their names (12 & 13 Vict. c. 103, 
 s. 15) : 
 
 3. Indictments may be amended on variances between them and 
 
 the evidence (14 & 15 Vict. c. 100, s. 1) : 
 
 4. Goods of a convicted felon may be described as of the Queen 
 
 (Reg. V. Whitehead, 9 C. & P. 429; 2 Mood. C. C. 181): 
 
 5. Goods, &c. of friendly societies are described as of the trustees, 
 
 naming them (18 & 19 Vict. c. 63, s. 18) : 
 
 6. Post-letters, of the Postmaster-General (7 Will. 4 & 1 Vict. 
 
 c. 36, s. 40) ; as also goods, property, &c. (11 & 12 Vict. 
 c. 88, s. 5) : 
 
 7. Goods, &e., of a corporation, by their corporate name (see also 
 
 19 & 20 Vict. c. 47, s. 13) : joint stock companies generally, 
 same as partners, paragraph No. 1. 
 
 11 Croxier v. Cundy, 6 B. & C. 232 ; Price V. Messenger, 2 B. & P. 158. 
 Vide form of Search Warrant, post, p. 619. 
 
 12 Vide Note 5, ante, p. 613. 
 
 13 Special modes of describing technically owners of property are given 
 in Oke's " Formulist," 2nd edit. pp. 265, 266. 
 
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CHAP. I.] Sect. 2. The Process to issue against Offenders. 617 
 
 8. Goods, &c., of a joint stock banking company, in the name of 
 
 the registered officer (7 Geo. 4, o. 46, s. 9 ; 1 & 2 Vict. c. 96 ; 
 3 & 4 Viet. c. 101) : 
 
 9. Goods, &c., of a literary or other like institution, in the 
 
 governing body of the institution, without naming the per- 
 sons (17 & 18 Vict. c. 112, s. 20) : 
 
 10. Goods, &c., of a local board of health, in the name of their 
 
 clerk (11 & 13 Vict. c. 63, s. 138) : 
 10 a. Goods, &c., of an intestate stolen after the death, in the 
 name of the ordinary, —of a testator, in the executor : 
 
 11. A party indicted for felony or misdemeanor may be found The offenders. 
 
 guilty of an attempt to commit the same, and be liable to 
 the same consequences as if charged with and convicted of 
 the attempt only (14 & 15 Vict. c. 100, s. 9) : 
 
 12. A person indicted for robbery may be found guilty of an assault 
 
 with intent to rob (Id. s. 11) : 
 
 13. A person tried for misdemeanor is not to be acquitted if the 
 
 offence turn out to be a felony, unless the court so direct 
 (Id. s. 12) :' 
 
 14. Persons guUty of separately receiving property may be in- 
 
 cluded in the same indictment (Id. s. 14) : 
 
 15. Separate accessories and receivers may be charged in the same 
 
 indictment with substantive felonies in the absence of the 
 principal felon (Id. s. 15) : 
 
 16. Where several join in the commission of an offence, they may 
 
 be indicted jointly, or each separately, except for perjury or 
 seditious or blasphemous words, because these offences are in 
 their nature several (Arch. Cr. PI. by Welsby, 12th ed., 
 p. 58) : 
 
 17. In murder and manslaughter, it is not necessary to state the Statement of 
 
 manner in which the death was caused (14 & 15 Vict. c. 100, offence and de- 
 s. 5): scribing pro- 
 
 „ perty I4. 
 
 18. In forgery of, or obtaining by false pretences, any instrument, 
 
 no copy or fascimile need be set forth, but its usual name 
 sufficient (Id.) : 
 
 19. In indictments for engraving, &c., any instrument, &c., a 
 
 description of instrument only necessary (Id. s. 6) : 
 
 20. In all other cases, in averments in indictments as to any instru- 
 
 ment, &c. usual name or designation sufficient (Id. 3. 7) : 
 31. In forgery and uttering forged instruments, the description of 
 the instrument may be the same as for larceny (3 & 3 Will. 4 
 c. 123, s. 3) : ' ' 
 
 14 ViJe Oke's " F0rmuli.1t," 2nd edit. p. 264, for the various modes of 
 describing articles and property. 
 
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618 Indictable Offences. [part ii. 
 
 22. In indictments, where the gist of the offence is an intent to 
 
 defraud, it is sufGcient to allege the act to have been done 
 "with intent to defraud," without naming the person in- 
 tended to be defrauded (14 & 15 Vict. c. 100, s. 8) : 
 
 23. In charges of embezzlement, three acts of embezzlement within 
 
 six calendar months may be charged in one indictment (7 & 8 
 . Geo. 4, c. 29, s. 48) ; and if the offence on the evidence 
 appear to be a larceny, the offender may be found guilty of 
 simple larceny, or of larceny as clerk or servant (14 & 15 
 Vict. c. 100, s. 13) : 
 
 24. Three larcenies from the same person within six months may be 
 
 included in the same indictment (14 & 15 Vict. c. 100, s. 16; 
 and see s. 17) : 
 
 25. In charges of larceny against clerks or servants, if upon the 
 
 evidence it appear to be embezzlement, they may be found 
 guilty of the embezzlement (Id. s. 13 ; and see paragrapli 
 No. 24) : 
 
 26. In charges of obtaining money, &c. by false pretences, if the 
 
 offence turn out to be larceny, the offender may notwith- 
 standing be convicted of the false pretences (7 & 8 Geo. 4, 
 c. 29, s. 53 ; and see paragraph No. 22) : 
 
 27. Bank, or other notes and money, may be described as "money" 
 
 without specifying the coin or notes (14 & 15 Vict. c. 100, 
 s. 18) : 
 
 28. Counts for stealing and receiving property may be joined in 
 
 the same indictment (11 & 12 Vict. c. 46, s. 3) : 
 
 29. Where local description is necessary to the offence it must still 
 
 be inserted in the indictment (14 & 15 Vict. c. 100, s. 23; 
 and see paragraph No. 34) : 
 
 30. Where particular words are the gist of the offence they must 
 
 be set forth with particularity : 
 
 31. A record must be described to correspond with the record 
 
 itself : 
 
 32. Personal goods and chattels must be described specifically by 
 
 the names usually appropriated to them : 
 
 33. For a larceny of live animals they need not be stated to be 
 
 alive ; if dead they must be stated to be so : 
 
 34. With reference to the special venue allowed in certain cases 
 
 (see ante, pp. 12 — 17) the offence may be laid in the summons 
 or warrant to have been committed within the jurisdiction of 
 the examining justice, except in cases abroad or at sea, and 
 see paragraph No. 29. 
 
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CHAP. I.J Sect. 2. Tlie Process to issue against Offenders. 619 
 
 11 & 12 Vict. 
 Forms. o 42. 
 
 To the constable of , and to all other peace officers in the said ~ 
 
 [county] of . (B) Warrant to 
 
 Whereas A. B. of , [labourer], hath this day been charged upon apprehend a 
 
 oath before the undersigned, \_one] of her Majesty's justices of the ^u^!^"j 
 
 peace in and for the said [countyl of , for that he, on , at , ° 
 
 did [Sfc. stating shortly the offence] : These are therefore to command 
 you, in her Majesty's name, forthwith to apprehend the said A. B., 
 and to bring him before [me\ or some other of her Majesty's justices 
 of the peace in and for the said [county], to answer unto the said 
 charge, and to be further dealt witn according to law. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our lord , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 To A. B. of , {labourer], 
 
 Wliereas you have this day been charged before the undersigned, (C) Summons 
 [one] of her Majesty's justices of the peace in and for the said [county] to the person 
 
 of , for that you on at [Src. stating shortly the offence] : charged. 
 
 These are therefore to command you, in her Majesty's name, to be and 
 
 appear before me on , at o'clock in the forenoon at , or 
 
 before such other justice or justices of the peace for the same [county] 
 as may be then there, to answer to the said charge, and to be further 
 dealt with according to law. Herein fail not. 
 
 Given [&c. as (B), supra]. 
 
 To the constable of , and to all other peace officers in the said (D) Warrant 
 
 [county] of . where the sum- 
 
 Whereas on the last past, A. B. of , [labourer], was mons is dis- 
 charged before the undersigned, [one] of her Majesty's justices of the obeyed, 
 peace in and for the said [county] of , for that [Sfc. as in the sum- 
 mons] : And whereas [7] then issued [my] summons to the said A. B., 
 commanding him, in her Majesty's name, to be and appear before [me] 
 
 on — - — , at o'clock in the forenoon at , or before such other 
 
 justice or justices of the peace for the same [county] as might then be 
 there, to answer to the said charge, and to be further dealt with ac- 
 cording to law : And whereas the said A. B. hath neglected to be or 
 appear at the time and place appointed in and by the said summons, 
 although it hath now been proved to me upon oath that the said sum- 
 mons -was duly served upon the said A. B. : These are therefore to 
 command you, in her Majesty's name, forthwith to apprehend the said 
 A. B., and to bring hini before me, or some other of her Majesty's 
 justices of the peace in and for the said [county], to answer to the said 
 charge, and to be further dealt with according to law. 
 
 Given [&c. as (B), supra.] 
 
 This form of backing a warrant will be found, ante, p. 116. Where (K) Backing 
 witnesses for the prosecution are within the jurisdiction of the justice warrant, 
 backing it, he may by such indorsement order the offender to be 
 
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620 Indictable Offences. [part ii. 
 
 11 & 12 Vict 
 c. 42. 
 
 brought before him or some other justice of the county, &c. ; and when 
 the accused is taken, the case is proceeded with as in s. 22, post, p. 
 665. 
 
 Search warrant ) To the constable of , and to all other peace ofiBcers 
 
 for stolen to wit. S in the said [county^ of . 
 
 goods. Whereas information and complaint hath this day been made before 
 
 the undersigned, [one] of her Majesty's justices of the peace in and 
 
 for the said [county'] of , by C. D. of , that the following 
 
 goods [Sj-c. as in the information, ante, p. 611, to the end, and then ^ 
 Tliese are therefore to command you, in her Majesty's name, forth- 
 with, with proper assistance, to enter the said dwelling-house and 
 premises [or as the case may he] of the said A. B., in the daytime, 
 and there diligently search for the said goods ; and if the same, or any 
 part thereof, shall be found upon such search, that you bring the 
 goods so found, and also the body of the said A. B., before me, or 
 some other of her Majesty's justices of the peace in and for the 
 [county \ aforesaid, to be disposed of and dealt with according to law. 
 Given [&c. as (B), supra]. 
 
 sea or abroad. 
 
 2. For Offences at Sea or Abroad. 
 For offences at Sect. 2, enacts, — " that in all cases of indictable crimes or 
 offences of any kind or nature whatsoever committed on the 
 high seas, or in any creek, harhour, haven, or other place in 
 which the Admiralty of England have or claim to have juris- 
 diction,— and in all cases of crimes or offences committed 
 on land beyond the seas, for which an indictment may legally 
 be preferred in any place within England or Wales,— it shall 
 be lawful for any one or more of her Majesty's justices of the 
 peace for any county, &c. within England or Wales in which 
 any person charged with having committed or with being 
 suspected to have committed, any such crime or offence shall 
 reside or be, or shall be supposed or suspected to reside or be, 
 to issue his or their warrant ( (E), p. 626) to apprehend the 
 person so charged, and to cause him to be brought before him 
 or them, or some other justice or justices of the peace for the 
 same county, &c. to answer the said charges, and to be further 
 dealt with according to law" 15. 
 
 15 As to all of these offences, s. 17 relates to the examination of such 
 offenders, and s. 25 to the gaol to which they must be committed, which 
 will be the ordinary gaol to which offenders are sent by the examining 
 justices. Formerly offenders for offences at sea must have been tried at the 
 Central Criminal Court under 4 & 5 Will. 4, c. 36, s. 22 j but by 7 & 8 
 Vict. c. 2, s. 1, authority is given to her majesty's judges of assize and com- 
 missioners of oyer and terminer to hear and determine these offences. 
 
 Digitized by Microsoft® > 
 
CHAP. I.] Sett. 2. The Process to issue against Offenders. f 
 
 With reference to offences at sea referred to in the above enact- what offenc 
 ment, it may be stated, that the Admiralty have exclusive jurisdiction at sea are 
 of all indictable crimes and offences committed on the high seas, or pui'shable 
 within the harbours, creeks and havens of foreign countries ; but 
 within the harbours, creeks and havens of this country the courts 
 of common law, and not the Admiralty, have jurisdiction : as for 
 instance, if an imaginary line were drawn across the mouth of such 
 creek, &c., from one point of land to the other, the common law 
 would have jurisdiction of all offences committed within such line ; 
 the Admiralty, of all offences committed without it. As to the sea- 
 shore below low water mark, the Admiralty have exclusive juris- 
 diction ; above high water mark, the courts of common law have ex- 
 clusive jurisdiction ; and between high and low water mark, the courts 
 of common law and the Admiralty have alternate jurisdiction ; the 
 courts of common law have jurisdiction of all offences committed on 
 the strand when the tide is out — the Admiralty, jurisdiction of offences 
 committed on the water when the tide is in (Arch. 3rd ed. of Jervis's 
 Acts, p. 11 ; and see Arch. Ch. PI. by Welsby, 12th ed. pp.24, 25, 
 347j. In the various general acts relating to offences there are pro- 
 visions as to the trial of these offences in England when committed 
 on the high seas or within the jurisdiction of the Admiralty, viz. 
 offences against the person, 9 Geo. 4, c. 31, s. 8, post, p. fi24, and 
 s. 32 ; — or attempts to murder or maime or do grievous bodily harm, 
 7 Wilf. 4 & 1 Vict. c. 85, s. 10;— doing injury by explosive substances, 
 9 & 10 Vict. c. 25, s. 17 ; — offences relating to the coin, 2 Will. 4, 
 c. 34, s. 20 ; — offences relating to the post office, 1 Vict. c. 36, s. 39; 
 — larceny and other offences connected therewith, 7 & 8 Geo. 4, c. 29, 
 s. 77 ; — malicious injuries to property, 7 & 8 Geo. 4, c. 30, s. 43, and 
 7 Will. 4 & 1 Vict. c. 89, s. 14; -forgery, 11 Geo. 4 & 1 Will. 4, 
 c. 66, s. 27 ; — piracy at common law and by statute (for which see 
 Notei2a, title " Piracy," Chap. 11. of Part II., pofit); — all trea- 
 sons, murder, felonies and conspiracies, 28 Hen. 8, c. 15 (see S. v. 
 Serva, 2 Car. & K. 53) ;-and generally all otlier offences committed 
 on the high seas, out of the body of any county, 39 Geo. 3, u. 37 ; 
 7 & 8 Vict. c. 2, ss. 1 — 4. All offences committed at sea are punish- 
 able in the same manner as if committed on land, 7 & 8 Geo. 4, c. 28, 
 s. 12. Also, by s. 267 of the Merchant Shipping Act, 1854, 17 & 18 j^ g^ jg yj 
 Vict. c. 104, "all offences against property or person committed in u. 104, s. 26 
 or at any place, either ashore or afloat, out of her Majesty's domi- 
 nions, by any master, seaman or apprentice, who at the time when 
 the ofl^ence is committed is, or within three months previously has 
 been, employed in any British ship, shall be deemed to be offences 
 of the same nature respectively, and be liable to the same punish- 
 ments respectively, and be inquired of, heard, tried, determined and 
 adjudged in the same manner, and by the same courts, and in the 
 
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322 
 
 Indictable Offences. 
 
 [part II. 
 
 What offences 
 it sea are' 
 punishable 
 
 bere. 
 
 16 & 17 Vict. 
 c. 107, s. 275. 
 
 18 &. 19 Vict. 
 c. 91, s. 21. 
 
 same places, as if such offences had been committed within the juris- 
 diction of the Admiralty of England." Also, by s. 275 of the Customs 
 Consolidation Act, 1853, 16 & 17 Vict. c. 107, "where any offence 
 shall be committed in any place upon the water not being within any 
 county of the United Kingdom, or where the officers have any doubt 
 whether such place is within the boundaries or limits of any such 
 county, such offence shall, for the purposes of this act, be deemed 
 and taken to be an offence committed on the high seas; — and for the 
 purpose of giving jurisdiction under this act, every offence shall be 
 deemed to have been committed, and every cause of complaint to have 
 arisen, either in the place in which the same was actually committed 
 or arose, or in any place on land where the Offender or person com- 
 plained against may be or be brought." But these enactments do not 
 appear to extend to foreigners committing offences on board foreign 
 ships. In neg. v. Lewis, 26 L. J. (N. S.) M. C. 104 ; 1 Dears. & 
 Bell, C. C. 182, 7 Cox, Cr. Cas. 277 ; 21 J. P. 358, it was held, 
 that where one foreigner inflicts a blow on another foreigner in a 
 foreign ship on the high seas, and the person so struck in a few days 
 afterwards lands in England and dies there, the homicide is not cog- 
 nizable by the courts of this country by virtue of the statute 9 Geo. 4, 
 c. 31, ss. 7 or 8 (noticed pp. 623, 624). By s. 21 of the Amended 
 Merchant Shipping Act, 18 & 19 Vict. c. 91, "if any person, being 
 a British subject, charged with having committed any crime or affence 
 on board any British ship on the high seas or in any foreign port 
 or harbour, — or if any person, not being a British subject, charged 
 with having committed any crime or offence on board any British 
 ship on the high seas, —is ybanrf within the jurisdiction of any court 
 of justice in her Majesty's dominions, which would have had cog- 
 nizance of such crime or offence if committed within the limits of 
 its ordinary jurisdiction, such court shall have jurisdiction to hear and 
 try the case as if such crime or offence had been committed within 
 such limits: — provided, that nothing contained in this section shall 
 be construed to alter or interfere with the 12 & 13 Vict. c. 96" 15 a- 
 In two recent cases [Reg. y. Lopez, and Reg. v. Sattler, 27 1. J. 
 (N. S.) M. C. 48 ; 23 J. P. 84), it was decided that the meaning of 
 the words "is found" in the above section of 18 & 19 Vict. c. 91, 
 is the same as if the words " is actually present" had been used. In 
 the first of these cases, L., a foreign sailor, and one of the crew of 
 the British ship O., maliciously and unlawfully wounded the prose- 
 cutor, also a foreigner and one of the crew of the same ship, whilst 
 on the high seas and in the said ship, on a voyage from London to 
 the coast of Africa. L. was brought against his will to England and 
 
 15a This act is an act as to the jurisdiction of the admiralty in the 
 Colonies over certain offences at sea. 
 
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CHAP, i.j Sect. 2. Tke Process to issue against Offenders. 623 
 
 the county of Devon, indicted there for having feloniouely wounded What offences 
 the prosecutor with intent to do him some grievous bodily harm, and *' ^^\^'i'', 
 convicted of unlawfully wounding,— it was held, that L. being in a ^g"g_ 
 British ship, and under the protection of the British law, owed obe- 
 dience to that law ; and that as the offence, if committed in the county 
 of Devon, would have been cognizable by the court before which 
 L. was convicted, that court had jurisdiction to try him under the 18 
 & 19 Vict. c. 91, s. 21. In the other case, S., a foreigner, committed 
 a larceny in Huntingdonshire, and was afterwards arrested at Ham- 
 burgh, with the assistance of the Hamburgh Police, by T. a city of 
 London detective officer, who placed him against his will on board an 
 English steamer lying in the river Elbe, in order that he might be 
 conveyed to England for trial for the larceny. The steamer sailed for 
 England with S. and the officer on board, and whilst the steamer was 
 on the high seas S., he then being in irons, shot the officer, who 
 afterwards died in England of the wound. S. was indicted at the 
 Central Criminal Court for murder, and convicted, the jury finding 
 that he shot the constable out of malice and revenge, and not to 
 effect his own liberation, — ^it was held, that the Central Criminal 
 Court had jurisdiction to try S. under the 18 & 19 Vict. c. 91, s. 21, 
 inasmuch as S., while in a British ship on the high seas, and entitled 
 to the protection of the British law, and therefore subject to that 
 law, had committed murder, which made it immaterial whether his 
 capture at Hamburgh, or his detention at the time of committing the 
 crime, was lawful or unlawful. 
 
 As to that part of the enactment, 11 & 12 Vict. c. 42, s. 2, ante, p. 620, \vhat offences 
 with reference to ofl^ences abroad, for which an indictment may be abroad are 
 preferred in England, the following are the provisions of certain acts punishable 
 and the cases bearing on them : — By 9 Geo. 4, c. 31, s. 7, " if any of 
 her Majesty's subjects shall be charged in England with any murder ,.^°' *''-•'' • 
 or manslaughter, or with being accessory before the fact to any 
 murder, or after the fact to any murder or manslaughter, the same 
 being respectively committed on land out of the tJnited Kingdom, 
 whether within the queen's dominions or without, it shall be lawful 
 for any justice of the. peace of the county or place where the person 
 so charged shall be, to take cognizauce of the ofFence so charged, and 
 to proceed therein as if the same had been committed within the limits 
 of his ordinary jurisdiction ;" — and if the person so charged be com- 
 mitted for trial, or admitted to bail to answer the charge, a commission 
 is to issue in any county or place for the speedy trial of the offender, " in 
 the same manner as if the offences had' been actually committed in the 
 said county or place ;" but the section provides that offences (by peers) 
 are to be tried as heretofore, and that the section is not to prevent the 
 trial of the offence out of the kingdom. See further p. 625, as to Ac- 
 ceSsctfies, &c. This enactment only relates to offences committed by the 
 
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624 
 
 Indictable Offences. 
 
 [part II. 
 
 What oifences 
 abroad are 
 punishable 
 here. 
 
 9 Geo. 4, c. 
 
 queen's subjects, and does not extend to offences committed by foreigners, 
 notwithstanding they are committed on Englishmen and on board an 
 English ship {R. v. Depardo, 1 Taunt. 26; R. & R. 134; R. v. 
 Htlsham, 4 C. & P. 394; B. v. Manoel de Mattos, 7 C. & P. 458; 
 see R. V. Serva, 1 Den. C. C. 104, 185 ; 2 C. & K. 53 ; Reg. v. Lewis, 
 supra) ; but it comprehends all countries, though within the dominion 
 of a foreign power {R. v. Sawyer, R. & R. 294), and is not confined 
 to the murder of British subjects, but includes foreigners {Reg. t. 
 Azzopardi, 2 Moo. C. C. 288 ; 1 C. & K. 203). However, as respects 
 offences by foreigners on board British ships on the high seas, as well 
 as offences by British subjects on board British ships on the high seas 
 or in any foreign port or harbour (18 & 19 Vict. c. 91, ». 21; and 
 Reg. V. Lopez and Reg. v. Sattler, noticed ante, p. 622), — or offences 
 by any master, seaman or apprentice of any British ship either ashore 
 or afloat (17 & 18 Vict. c. 104, s. 267, ante, p. 621), — or offences re- 
 lating to the customs on the water (16 & 17 Vict. c. 107, s. 275, ante,- 
 p. 622),— they may be tried in England. 
 
 Also, by 9 Geo. 4, c. 31, s. 8, " where any person being feloniously 
 stricken, poisoned or otherwise hurt upon the sea, or at any place out 
 of England, shall die of such stroke, poisoning or hurt in England;— 
 or being feloniously stricken, poisoned or otherwise hurt at any place 
 in England, shall die of such stroke, poisoning or hurt upon the sea, 
 or at any place out of England; — every offence committed in respect 
 of any such case, whether the same shall amount to the offence of 
 murder or of manslaughter, or of being accessory before the fact to 
 murder, or after the fact to murder or manslaughter, may be dealt 
 with, inquired of, tried, determined and punished in the county or 
 place in England in which such death, stroke, poisoning or hurt shall 
 happen, in the same manner, in all respects, as if such offence had been 
 wholly committed in that county or place." In Reg. v. Lewis, noticed 
 ante, p. 622, it was held that this enactment does not extend to a 
 foreigner who dies in England from a blow inflicted by another 
 foreigner in a foreign vessel on the high seas ; but it would if the 
 offence was committed on land within our dominions abroad, if the 
 offender is a British subject or an alien subject to our laws, and the 
 murdered person is a foreigner {Reg. v. Azzopardi, 2 Mood. C. C. 
 288 ; 1 C. & K. 203). The offence, however, must have been 
 wholly committed in one jurisdiction {Nga Hoong v. Reg. 22 J. P. 
 208). 
 
 There are other offences committed abroad which may be tried in 
 this country : as in indictments for burning or destroying the queen's 
 ships, magazines, &c. out of the realm, the venue may be laid in 
 any county within the realm (12 Geo. 3, c. 24, s. 2; Arch. Cr. PI. 
 by Welsby, 12th ed. p. 24). In indictments for robbery and other 
 crimes committed in Newfoundland, the venue may be laid in any 
 
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CHAP. I.] Sect. 2. The Process to issue against OJfenders. 625 
 
 county in England (10 & 11 Will. 3, c. 25, s. 13); also ngainst the What offences 
 
 Foreign Enlistment Act, the venue may be laid at Westminster (59 ^hroad are 
 
 Geo. 3, c. 69, s. 9). Misdemeanors committed at India may be tried {j^^g^ 
 
 in the Queen's Bench in England (13 Geo. 3, c. 63). Offences (i. e. 
 
 not felonies, R. v. Shawe, 5 M. & Selw. 403) committed abroad by 
 
 persons holding public offices under the British government may be 
 
 tried in this country under a special commission (42 Geo. 3, c. 80). 
 
 As to offences committed in France or America, or in tlie Colonies, 
 
 and flying to this country, see post, pp, 633, 636, 640. As to the trial 
 
 of offenders in the Colonies for crimes committed in places in which 
 
 the Crown has power or jurisdiction out of her Majesty's dominions, 
 
 see 6 & 7 Vict. c. 94, and 12 & 13 Vict. c. 96. 
 
 As to other offences here in respect to foreign countries or powers. Offences here 
 such as accessorial acts, conspiracies, libels, &c., in the recent contro- >" respect to 
 versy which took place in parliament in Feb. 1858, on. the "Con- ["es^o" powers, 
 spiracy to Murder Bill," it appeared to be doubted whether a conspiracy 
 here by foreigners or British subjects to commit murder in France is 
 punishable in this country, inasmuch as our laws do not authorize 
 the trial here of a foreigner for any crime committed in a foi'eign' 
 state ; but this view of the law would seem to be erroneous as far as 
 concerns the common law offence of conspiracy and otliers which 
 are complete in this country, as analogous cases, i. e. for libels pub- 
 lished in this country reflecting on persons holding situations of 
 pow^er and dignity in foreign countries, have been held to be punish- 
 able here (see R. v. Peltier, Holt on Libel, 78, &c. ; B. v. JD'Eon, 
 1 W. Bl. 617 ; B. v. Lord George Gordon, 2 Stark, on Slander, 217, 
 2nd ed.). It appears, however, that as i-espects an accessory before the 
 fact, and therefore a principal (11 & 12 Vict. c. 46, s. 1, ante, p. 608), 
 here to a murder abroad, he would not be punishable in this country 
 under the 9 Geo. 4, c. 31, s. 7 {ante, p. 623), because the principal 
 offenders, foreigners, are not. The case of Reg. v. Sans Garrett, 
 1 Dears. C. C. 232, seems to have an important bearing on the question 
 whether the oft'ence must not be whole and complete in this country. 
 In that case the defendant was indicted in England for a misdemeanor 
 in attempting to obtain monies from L. & Co. of London, by false pre- 
 tences. He had a circular letter of credit from D., S. & Co. of New 
 York, with authority to draw on L. & Co. in London in favour of any 
 of the lists of correspondents of the bank in different parts of the world 
 for all or such sums as he might require. The defendant came to 
 England and drew drafts in favour of the named correspondents there 
 in different sums, in the whole less than the original sum authorized, 
 retaining the circular letter, the sums so advanced being indorspd on the 
 letter. He then went to St. Petei'sburg, and there exhibited the letter 
 of credit to W. & Co., one of the correspondents, it having been first 
 altered by him to a greater sum. He obtained from that house in 
 O.S. S S 
 
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626 
 
 Indictable Offences. 
 
 [part II. 
 
 Offences here 
 in respect to 
 foreign coun- 
 tries or powers. 
 
 St. Petersburg several sums, and finally £3,700 in drafts on L. & Co. 
 in London. W. & Co. forwarded these drafts to their house in Lon- 
 don, and required payment from L. & Co. ; but L. &, Co. having been 
 advised of the original draft, which was for £210 only before altered, 
 discovered the fraud and refused to pay. The defendant, being after- 
 wards found in England, was taken into custody and indicted, as 
 before stated. He was found guilty, and in reply to a question put by 
 the learned baron (Parke), as to whether, although the defendant's 
 immediate object was to cheat W. & Co. at St. Petersburg, by means 
 of the forged letter of credit, he did not also mean that they or 
 their correspondents, or the indorsees from them, should present the 
 draft and obtain payment of it from L. & Co. in London, and the 
 jury further found that he did. The conviction, was, however, 
 quashed, the court holding that if L. & Co. in London had paid one 
 of the drafts, the defendant could not in law have been found guilty 
 of the statutory misdemeanor under the 7 & 8 Geo. 4, c. 29, s. 53, 
 and, consequently, that he could not be found guilty of attempting 
 to commit the common law misdemeanor. 
 
 See further, post, p. 632, " Offences in Foreign Countries or the 
 Colonies." 
 
 (E) Warrant to 
 apprehend for 
 offences at sea 
 or abroad. 
 
 Form. 
 
 For offences committed on the high seas the warrant may he the 
 same as in ordinary cases, but describing the offence to have been 
 committed " on the high seas, out of the body of any county of this 
 realm, and within the jurisdiction of the Admiralty of England." 
 
 For offences committed ain-oad for which the parties may he in- 
 dicted in this country, the warrant also may be the same as in ordinary 
 cases, but describing the offence to have been committed, " on land, out 
 
 of the united kingdom, to wit, at , in the kingdom of , of 
 
 at , in the East Indies, or at , in the island of , in the 
 
 West Indies," or as the case may be. 
 
 Where indict- 
 ment found, 
 and accused at 
 large. 
 
 3. Where an Indictment found. 
 Sect. 3 enacts,—" that where an indictment shall be found 
 by the grand jury in any court of oyer and terminer or general 
 gaol delivery, or in any court of general or quarter sessions of 
 the peace against any person who shall then be at large, — and 
 whether such person shall have been bouTid by any recognizance 
 to appear to answer to the same or not, — the person who shall act 
 as clerk of the indictments at such court of oyer and terminer 
 or gaol delivery, or as clerk of the peace at such sessions, at 
 
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CHAP. I.] Sect, 2. The Process to issue against Offenders. 627 
 
 ■which the said indictment shall be found, shall at any time after- H & 12 Vict, 
 wards, — after the end of the sessions of oyer and terminer L — ! 
 
 or goal delivery or sessions of the peace at which such in- 
 dictment shall have been found, upon application of the pro- 
 secutor, or of any person on his behalf, and on payment of 
 a fee of one shilling, if such person shall not have already 
 appeared and pleaded to such indictment, — grant unto such 
 prosecutor or person a certificate ( (F), post, p. 628) of such 
 indictment having been found; -and upon production of such On production 
 certificate to any justice or justices of the peace for any l^stfces to*'^' 
 county, riding, division, liberty, city, borough or place in grant warrant 
 
 which the offence shall in such indictment be alleged to have °f appfehen- 
 
 . sion. 
 
 been committed, or in which the person indicted in and by 
 
 such indictment shall reside or be, or be supposed or suspected 
 to reside or be, it shall be lawful for such justice or jus- 
 tices, and he or they are hereby required, to issue his or their 
 warrant ( (G), 2}osf, p. 628) to apprehend such person so in- 
 dicted, and to cause him to be brought before such justice or 
 justices, or any other justice or justices for the same county, 
 &c., to be dealt with according to law, — and afterwards, if 
 such person be thereupon apprehended and brought before 
 any such justicQrOr justices, such justice or justices, upon its 
 being proved upon oath or aflirmation 16 before bim or 
 them that the person so apprehended is the same person who 
 is charged and named in such indictment, shall, without further 
 inquiry or examination, commit ( (H), post, p. 629) him for trial, 
 or admit him to bail, in manner hereinafter mentioned; — or if 
 such person so indicted shall be confined in any gaol or prison Where accused 
 for any other offence than that charged in the said indictment '^ '° custody, 
 at the time of such application and production of the said cer- 
 tificate to such justice or justices as aforesaid, it shall be lawful 
 for such justice or justices and he or they are hereby required, 
 upon its being proved before him or them upon oath or affirma- 
 tion 17 that the person so indicted and the person so confined 
 in prison are one and the same person, to issue his or their 
 
 warrant ( (I), post, p. 629), directed to the gaoler or keeper Justices to 
 
 grant a de- 
 
 16 A deposition of the prosecutor or other person, that the person ap- 
 prehended is the person intended, is all that is required to be talien before 
 committal or detention. Vide Form, post, p. 628. 
 
 17 f^ide Form of Deposition, post, p. 629. 
 
 ss2 
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628 
 
 Indictable Offences. 
 
 [part II. 
 
 11 & 12 Vict, 
 c. 42. 
 
 of the gaol or prison in which the person so indicted shall then 
 be confined as aforesaid, commanding him to detain such 
 person in his custody until by her Majesty's writ of habeas 
 corpus he shall be removed therefrom, for the purpose of 
 being tried upon the said indictment, or until he shall otherwise 
 be removed or discharged out of his custody by due course of 
 law." 
 
 Forms. 
 
 (F) Certificate I hereby certify, that at [a court of oyer and terminer and general 
 of indictment gaol delivery or a court of general quarter sessions of the peace] 
 
 being found. holden in and for the [^county] of , at in the said [count]/] 
 
 on , it bill of indictment was found by the grand jury against 
 
 A. B., therein described as A. B. late of [^labourer], for that he 
 
 [Sj-c. stating shortly the offence\, and that the said A. B. hath not 
 appeared or pleaded to the said indictment. 
 
 Dated this dav of , 185 — . 
 
 J.D. 
 
 Clerk of the indictments on the circuit, 
 
 or 
 Clerk of the peace of and for the said \county\. 
 
 (G) Warrant to To the constable of , and to all other peace officers in the 
 
 apprehend a said \county'\ of . 
 
 person in- Whereas it hath been duly certified by J. D., clerk of the indict- 
 
 dicted. ments on the circuit [or clerk of the peace of and for the 
 
 [county'] of ] that [^c. stating the certificate]: These are there- 
 fore to command you, in her Majesty's name, forthwith to apprehend 
 the said A. B., and to bring him before [rue], or some other justice or 
 justices of the peace in and for the said [county], to be dealt with 
 according to law. 
 
 Given under my hand and seal this day of , in the year 
 
 of our Lord , at in the [county] aforesaid. 
 
 J. S. (l.s,) 
 
 Deposition 
 that the person 
 apprehended 
 is the same 
 who is in- 
 dicted (Oke's 
 " Formulistj* 
 2nd ed., 
 p. 268). 
 
 ^ The deposition of J. N. of the parish of , in the [county] 
 
 to wit. S of , constable, taken upon oath before nie, the under- 
 signed, one of her Majesty's justices of the peace for the said [county] 
 
 of , at , in the same [county], this day of , a-D' 
 
 1858. .„ ^ 
 
 Who saith,— I well know A. B., of &c., described in the certificate 
 
 of J. D., the clerk of the indictments on the circuit [or clerk ot 
 
 the peace of and for the [county] of ], now produced by nie: that 
 
 I never heard mention of any other person of the same name as uie 
 said A. B. living at or near the parish of aforesaid ;* that A. B., 
 
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CHAP. I.] Sect. 2. The Process to issue against Offenders. 629 
 
 apprehended [by me] and now here present, is the same person who is 11 & 12 Vict. 
 charged in the indictment referred to in the said certificate. u. 42. 
 
 Taken and sworn before me, the day and year ^ J.N. ' 
 
 and a.t thp Tilnnp ahnvfi TDfintionprl- > 
 
 and at the place above mentioned. ,- 
 
 J. S. 3 
 
 To the constable of , and to the keeper of the [common gaol (H) Commit- 
 
 or house of' correction] at in the said [county] of . ment of a per- 
 
 Whereas by [wy] warrant under my liand and seal, dated the s°" indicted. 
 
 day of , after reciting that it had been certified by J. D. [SfC, as 
 
 in the certificate], [/] commanded the constable of , and all. other 
 
 peace officers of the said couiity, in her Majesty's name, forthwith to 
 apprehend the said A. B., and, to bring him before [me], the under- 
 signed, [orae] of her Majesty's justices of the peace in and for the said 
 [county], or before some other justice or justices of the peace in and 
 for the said [county], to be dealt with according to law : And whereas 
 the said A. B. hath been apprehended under and by virtue of the said 
 warrant, and being now brought before [me], it is hereupon duly 
 proved to [me] upon oath that the said A. B. is the same person who 
 is naimed and charged in and by the said indictment : These are there- 
 fore to command you the said constiible, in her Majesty's name, forth- 
 with to take and safely convey the said A. B. to the said [house of 
 
 correction] at in the said [county], and there to deliver him to 
 
 the keeper thereof, together with this precept ; and I hereby command 
 you the said keeper to receive the said A. B. into your custody in the 
 said house of correction, and him there safely to keep until he shall 
 be thence delivered by due course of law. 
 
 Given [&c. as (G), supra]. 
 
 [Proceed as in the last form hut one to the asterisk *, then thus:] — Deposition 
 
 that A. B., now confined in the [common gaol] at , in the that a person 
 
 [county] of , is the same person who is indicted and referred to in indicted is the 
 
 the said certificate. same who is 
 
 already in cus- 
 tody for ano- 
 ther offence. 
 
 To the keeper of the [common gaol or house of correction] at ij) Warrant to 
 
 in the said [county] of . detain a person 
 
 Whereas it hath been duly certified by J. D. clerk of the indict- indicted who is 
 
 ments on the circuit [or clerk of the peace of and for the county already in cus- 
 
 of ], that [SfC. stating the certificate]: And whereas [7 am] tody for another 
 
 informed that the said A. B. is in your custody in the said [common offence. 
 
 gaol] at aforesaid, charged with some offence or other matter ; 
 
 and it being now duly proved upon oath before [me] that the said 
 A. B. so indicted as aforesaid, and the said A. B. in your custody as 
 aforesaid, are one and the same person : These are therefore to com- 
 mand you, in her Majesty's name, to detain the said A. B. in your 
 custody in the [common gaol] aforesaid, until by her Majesty's writ 
 of habeas corpus he shall be removed therefrom for the purpose of 
 being tried upon the said indictment, or until he shall otherwise be 
 removed or discharged out of your custody by due course of law. 
 Given [&c. as (G), supra]. 
 
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630 Indictable Offences. [part ii. 
 
 4. Apprehension of Offenders without Warrant. 
 
 Arrests without As to arrests without a warrant, the law may be concisely 
 
 ^^"'""- stated 18:- 
 
 Any person who is present when a felony is committed may 
 at once apprehend the party and take him before a magistrate, 
 to be dealt with according to law ; in case of a private in- 
 dividual, however, it is his duty, if no justice can at once be 
 found, to hand the offender over to some constable (3 Hawk. 
 156). But where the ofi'ence is not committed in the presence 
 of the party, this distinction exists between the powers of a 
 constable and a private individual, — a constable may not only 
 apprehend a party against whom a reasonable charge of felony 
 is made by another person, although it may afterwards turn out 
 that no felony has in fact been committed 19, but he may appre- 
 hend a person upon his own suspicion alone of having com- 
 mitted a felony, though in the result it appear that no crime has 
 been committed 20 ; but he should act with becoming caution 
 and upon a reasonable ground of suspicion 21 ; and if, after the 
 apprehension, the constable is guilty of any unnecessary delay 
 in taking the party before a justice, or is guilty of any excess or 
 abuse of power, he will still be liable to an action 22. But 
 with regard to arrests by private persons without a warrant, 
 although they are bound to capture, if possible, a party commit- 
 ting a felony in their presence (see 2 Hale, c. 13, s. 5 ; 2 Hawk, 
 c. 12, s. 1, c. 13, s. 15), yet if a man choose to apprehend another 
 without a warrant, upon suspicion alone of felony, he will do so 
 at his peril ; for should no felony in point of fact have been com- 
 mitted, an action will lie against him for false imprisonment as 
 - suspicion alone is not enough to justify a private individual in 
 making an arrest 23. A person may be arrested on a Sunday 
 for any indictable ofi'ence 24. 
 
 18 This epitome is taken from a very useful little Work by Mr. Saunders, 
 called " The Practice of Magistrates' Courts," pp. 116, 117. 
 
 19 Hobbs V. Branscombe, 3 Camp. 420; Davis v. Russell, 5 Bing. 354; 
 Cowles v. Dunbar, M. & M. 37- 
 
 20 Lawrence v. Hedger, 3 Taunt. 14 ; Nicholson v. Hardwiclc, 5 C. &"?■ 
 495. 
 
 21 Becliwith v. Philby, 6 B. & C. 635 ; Moore v. Kays, 4 Taunt. 34. 
 
 22 Wright V. Court, 4 B. & C. 595 ; Davis v. Capper, 10 B. & C. 28. 
 
 23 Stonehmse v. Elliott, 6 T. R. 315 ; Hall v. Booth, 3 Nev, & Man. 316; 
 Beckwith v. Philby, 6 B. & C. 635. 
 
 24 Rawlins v. Ellis, 16 M. & W. 172 ; 16 L.J. (N. S.) Exch.5 ; 2 Cox's 
 C. C. 96. ' 
 
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CHAP. i.J Sect. 2. The Process ta issue against Offenders. 631 
 
 In addition to these authorities, 14 & 15 Vict. c. 19, s. 11, Arrests without 
 
 I , . I, 1 i warrant au- 
 
 contains a general enactment, and authorizes " any person wnat- thorized by 
 
 soever to apprehend any person who shall be found committing particular 
 
 . 7- ,7 ,7- 7 • 1 i ,. 1 • 1 ^1 • statutes in mis- 
 
 any indictable offence by night, which means the same as in jenjeanors. 
 
 burglary, i. e. between 9 o'clock p.m. and 6 a.m. (Id. s. 13, and 
 IVict. c. 86, s. 4). Various other statutes authorize any person, 
 whether a constable or not, to apprehend persons found com- 
 mitting felonies and indictable misdemeanors, viz. under the 
 following titles of Chap. II. of this Part of the Work : — 
 
 Agents, bankers, brokers, &c. embezzling money, stock, goods, 
 
 &e. (7 & 8 Geo. 4, c. 29, s. 63). 
 Arson, setting fire to crops, &c. (7 & 8 Geo. 4, c. 30, s. 28). 
 
 Throwing gunpowder or explosive substances into a building 
 
 (9 & 10 Vict. c. 25, s. 13). Setting fire to railway station, 
 
 dock, &c. (14 & 15 Vict. c. 19, s. 10). 
 Assault, on deerkeepers by trespassers (7 & 8 Geo. 4, c. 29, 
 
 s. 63). 
 Attempts to murder, Sj-c., by the explosion of gnrpowder or other 
 
 explosive substances, and destroying a building, &c. (9 & 10 
 
 Vict. c. 25, s. 13). Administering, &c. chloroform, laudanum, 
 
 or other drug, &c. (14 & 15 Vict. c. 19, s. 10). 
 Burglary, with or without stealing anything (7 & 8 Geo. 4, c. 29, 
 
 s. 63). 
 Cattle, stealing or maliciously wounding (7 & 8 Geo. 4, c. 29, 
 
 s. 63; 7 & 8 Geo. 4, c. 30, s. 28). 
 Embezzlement by clerks or servants (7 & 8 Geo. 4, c. 29, s. 63). 
 False pretences, obtaining money or goods by (7 & 8 Geo. 4, 
 
 c. 29, s. 63). 
 Fish, taking in private water or angling (except angling in the 
 
 day-time, 7 & 8 Geo. 4, c. 29, s. 63). 
 Game, night poaching (7 & 8 Geo. 4, c. 29, s. 63; 9 Geo. 4, 
 
 c. 69, s. 2). 
 Gaming, cheating at play (8 & 9 Vict. c. 109, s. 17 ; 7 & 8 Geo. 4, 
 
 c. 29, s. 63). 
 Househreahing and stealing (7 & 8 Geo. 4, c. 29, s. 63). Found 
 
 with instruments with intent to break, &c. (14 & 15 Vict. 
 
 c. 19, s. 10). 
 Larceny, simple, of private securities, oysters, dogs, beasts or 
 
 birds, deer, or wounding same, or possession of venison, trees 
 
 in parks, &c., plants, &c., ia gardens, &c., metal, wood, &c., 
 
 fixed to houses, &c., in a dwellinghouse, from manufactories, 
 
 &c., by clerks, servants or tenants (7 & 8 Geo. 4, c. 20, s. 63). 
 Malicious Iryuries, to manufactories, &c., to trees, &;c. in parks 
 
 &c., plants, &c. in gardens, &c., to hopbinds, to mines by 
 
 flooding, &c., to docks, &c., to dam of ponds, to bridges. 
 
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632 Indictable Offences. [part ii. 
 
 Arrests without turnpike gates, to ships (7 & 8 Geo. 4, c. 30, s. 28), to 
 
 warrant. dwellingliduse, building or vessel by gunpowder (9 & 10 
 
 Vict. c. 25, s. 13), to scientific and literary collections in 
 
 museums, &c., pictures in a church, &c., a statue in public 
 
 place (8 & 9 Vict. c. 44, s. 3). 
 Queen, discharging or aiming fire-arms at, &c. (5 & 6 Vict. 
 
 ^c. 51). 
 Hailways, placing matters on railway, or throwing stones, &c. 
 
 at engine or carriages, displacing rail, &c. (14 & r5 Vict. 
 
 c. 19, s. 10). 
 Seceivers of stolen goods, or goods obtained by false pretences 
 
 (7 & 8 Geo. 4, c. 29, s. 63). 
 Reward, taking on pretence of helping to recover stolen property 
 
 (7 & 8 Geo. 4, c. 29, ». 63). 
 Slot, persons remaining together after Riot Act read (1 Geo. 1, 
 
 St. 2, c. 5, s. 3) ; riotously demolishing a church, house, &c. 
 
 (7 & 8 Geo. 4, c. 30, s. 28). 
 Sacrilege, breaking into or out of a church, and stealing therein 
 
 (7 & 8 Geo. 4, c. 29, s. 63). 
 Smuggling, see 16 & 17 Vict. c. 107, s. 244, &c. 
 
 Many arrests also may be made under the common law by 
 a constable for offences in his presence which are misdemeanors ; 
 for instance,— affrays, prize-fighting, or riots, child-dropping, 
 assaults, and where dangerous wounds inflicted, and generally 
 all breaches of the peace. 
 
 5. Offences in Foreign Countries or the Colonies. 
 Offences com- With respect to offences committed in foreign countries, we 
 
 milted in foreign },^^g already stated, at pp. 623—625, in what cases a justice may 
 
 grant a warrant of apprehension and commit an accused person 
 
 for trial, viz. : — 
 
 1. For offences by British subjects at sea, or on board a British 
 
 ship at sea, or in any foreign port or harbour,— or by 
 foreigners in a British ship at sea (see 11 & 12 Vict. c. 42, 
 6. 2, ante, p. 620 ; 18 & 19 Vict. c. 91, s. 21, ante, p. 622) : 
 
 2. For murder or manslaughter, or accessory thereto, abroad, 
 
 whether in her Majesty's dominions or not, by a British 
 subject, or a foreigner or British subject (see 9 Geo. 4, c. 31, 
 s. 7, ante, p. 623) : 
 
 3. For poisonings, hurts, &c. in England, resulting in death 
 
 abroad, or vice versd (see 9 Geo. 4, c. 31, s. 8, ante, p. 624) : 
 
 4. In certain offences, such as libels, conspiraoies, &o. committed 
 
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CHAP. 1.] <Siec^. 2. The Process to issue against Offenders. 633 
 
 or partially committed here with respect to foreign states 
 
 (see ante, pp. 625, 626). 
 
 Justices also have jurisdiction over cases from the colonies, 
 
 and under the act for the extradition of offenders flying from 
 
 France or America, which we shall presently show. In no 
 
 other cases can justices interfere. 
 
 As to persons committing the crimes of murder, attempt to Offenders in 
 murder, forgery and fraudulent bankruptcy in France, and f'"^^" u'nttv 
 flying to this country, the 6 & 7 Vict. c. 75 [22nd August, 1843], g f^ 7 vict 
 contains the following provisions : — c. 75. 
 
 Sect. 1. After reciting that by a convention between her Majesty Recital of 
 and the King of the French, signed at London on the 13th terms of con- 
 of February, 1843, the ratifications whereof were exchanged ^^" '""" 
 at London on the 13th day of March in the same year, it was 
 agreed, "that the high contracting parties should, on requi- 
 sition made in their name through the medium of their re- 
 spective diplomatic agents, deliver up to justice persons who, 
 being accused of the crimes of murder (comprehending the 
 crimes designated in the French Penal Code by the terms 
 assassination, parricide, infanticide and poisoning), or of an 
 attempt to commit murder, or of forgery, or of fraudulent 
 bankruptcy 25, committed within the jurisdiction of the 
 requiring party, should seek an asylum or should be found 
 within the territories of the other ; — provided that this should 
 be done only when the commission of the crime should be so 
 established as that the laws of the country where the fugitive 
 or person so accused should be found would justify his appre- 
 hension and commitment for trial if the crime had been there 
 committed ;" — and it is by the said convention farther stipu- 
 lated, " that on the part of the British government the sur- 
 render should be made only on the report of a judge or 
 magistrate duly authorized to take cognizance of the acts 
 charged against the fugitive in the warrant of arrest or other 
 equivalent judicial document issued by a judge or competent 
 magistrate in France, and likewise clearly setting forth the 
 said acts ;" — and it is by the said convention further stipulated 
 and agreed, "that the expenses of any detention and sur- 
 render made in virtue of the stipulations hereinbefore recited 
 should be borne and defrayed by the government in whose 
 
 ■25 It seems doubtful whether this term " fraudulent bankruptcy" would 
 be held to include the offences by a bankrupt of not surrendering, not dis- 
 covering his estate, removing or concealing his effects, or obtaining goods 
 on credit under false pretences within three months preceding his bank- 
 ruptcyj enacted by ss. 251, 253 of the Bankrupt Law Consolidation Act, 12 
 & 13 Vict. c. 106. The term " fraudulent bankruptcy" is in Article 102 of 
 the French Penal Code. 
 
 Digitized by Microsoft® 
 
634 
 
 IndictabU Offences. 
 
 [part II. 
 
 6 & 7 Vict 
 c. 75. 
 
 Certain of- 
 fenders to be 
 apprehended 
 on requisition 
 of the am- 
 bassador of 
 France. 
 
 Justice to grant 
 warrant to ap- 
 prehend of- 
 fender, and 
 . commit him. 
 
 name the requisition shotild have been made ;" — and it is by 
 the said convention further stipulated and agreed, " that the 
 provisions of the said convention should not apply in any 
 manner to crimes of murder, forgery or fraudulent bank- 
 ruptcy committed antecedently to the date thereof ;"— and it 
 is by the said convention further stipulated and agreed, "that 
 the said convention should be in force until after the 1st of 
 January, 1844, after which date either of the high contract- 
 ing parties should be at liberty to give notice to the other of 
 its intention to put an end to it, and it should altogether 
 cease and determine at the expiration of six months from the 
 date of such notice:" And reciting that it is expedient that 
 provision should be made for carrying the said convention 
 into effect, enacts, — 
 " That in case requisition be duly made, pursuant to the said 
 convention, in the name of his Majesty the King of the 
 French, by his ambassador or other accredited diplomatic 
 agent, to deliver up to justice any person who, being accused 
 of having committed, after the ratification of the said con- 
 vention, the crime of murder (comprehending the crimes 
 designated in the French Penal Code by the terms assassi- 
 nation, parricide, infanticide and poisoning), or of an at- 
 tempt to commit murder, or of forgery, or of fraudulent 
 bankruptcy, withiii the territories and jurisdiction of his 
 said Majesty the King of the French, shall be found within 
 the dominions of her Majesty, it shall be lawful for one of 
 her Majesty's principal secretaries of state, — or in Ireland 
 for the chief secretary of the Lord Lieutenant of Ireland, and 
 in any of her Majesty's colonies or possessions abroad for 
 the officer administering the government of any such colony 
 or possession, — by warrant under his hand and seal, to signify 
 that such requisition has been so made, and to require all 
 justices of the peace and other magistrates and officers of 
 justice within their several jurisdictions to govern themselves 
 accordingly, and to aid in apprehending the person so accused, 
 and committing such person to gaol, for the purpose of being 
 delivered up to justice, according to the provisions of the said 
 convention ;— and thereupon it shall be lawful for any justice 
 of the peace, or other person having power to commit for 
 trial persons accused of crimes against the laws of that part 
 of her Majesty's dominions in which such supposed offender 
 shall be found, to examine upon oath any person or persons 
 touching the truth of such charge, and upon such evidence as 
 according to the laws of that part of her Majesty's dominions 
 would justify the apprehension and committal for trial of the 
 person so accused if the crime of which he or she shall be so 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 2. The Process to issue against Offenders. 635 
 
 accused had been there committed, it shall be lawful for such 6 & 7 Vict, 
 justice of the peace, or other person having power to commit _____^_ 
 
 as aforesaid, to issue his warrant for the apprehension of such 
 
 person, and also to commit the person so accused to gaol, 
 
 there to remain until delivered pursuant to such requisition 
 
 as aforesaid." (See the 8 & 9 Vict. o. 120, hereon, ^os?, 
 
 pp. 638, 639.) 
 
 Sect. 2. "In every such case copies of the depositions upon which Copies of the 
 
 the original warrant was granted, certified under the hand of appositions 
 
 ° . . J may be given 
 
 the person or persons issuing such warrant, and attested upon ;„ evidence. 
 
 the oath of the party producing them, to be true copies of the 
 original depositions, may be received in evidence of the cri- 
 minality of the person apprehended." [Vide form of such 
 Certificate, post, p. 645.] 
 Sect. 3. " It shall be lawful for one of her majesty's principal Offenders to be 
 
 secretaries of state, — or in Ireland for the chief secretary of delivered up to 
 ,,,,. nTin .. ni ■ , '"6 authoritics 
 
 the lord lieutenant of Ireland, and m any oi her majesty s „£ France. 
 
 colonies or possessions abroad for the oiBcer administering the 
 
 government of any such colony or possession,-^by warrant 
 
 under his hand and seal, to order the person so committed to 
 
 be delivered up to such person or persons as shall be duly 
 
 authorized in the name of the said King of the French to 
 
 receive the person so committed, and convey such person to 
 
 the dominions of the said King of the French, to be tried for 
 
 the crime of which such person shall be so accused, and such 
 
 person shall be delivered up accordingly ;— and it shall be 
 
 lawful for the person or persons authorized as aforesaid to 
 
 receive tlie person so charged with crime and committed as 
 
 aforesaid to hold such person in custody, and take him or her 
 
 to the dominions of the King of the French, pursuant to the 
 
 said convention ; — and if the person so accused shall escape Escape, to be 
 
 out of any custody to which he or she shall be committed, or retaken. 
 
 to which he or she shall be delivered as aforesaid, it shall be 
 
 lawful to. retake such person, in the same manner as any 
 
 person accused of any crime against the laws of that part of 
 
 her majesty's dominions to which he or she shall so escape 
 
 may be retaken upon an escape : — Provided always, that no Proviso. 
 
 justice of the peace or other person shall issue his warrant for 
 
 the apprehension of any such supposed offender until it shall 
 
 have been proved to him, upon oath or by affidavit, that the 
 
 party applying for such warrant is the bearer of a warrant of 
 
 arrest or other equivalent judicial document, issued by a judge 
 
 or competent magistrate in France, authenticated in such 
 
 manner as would justify the arrest of the supposed offender 
 
 in France upon the same charge, or unless it shall appear to 
 
 him that the acts charged against the supposed offender are 
 
 Digitized by Microsoft® 
 
Indictable Offences. 
 
 [part ir. 
 
 6& 7 Vict, 
 c. 75. 
 
 After two 
 months the 
 persons appre- 
 hended may 
 be discharged, 
 if not conveyed 
 away. 
 
 Offenders in 
 America flying 
 to this country. 
 
 6 & 7 Vict, 
 i:. 76. 
 
 Reciting treaty 
 with United 
 States. 
 
 clearly set forth in such warrant ofarrest or other equivalent 
 judicial document." 
 Sect. 4. " Where any person who shall have been committed 
 under this act, to remain ujitil delivered up pursuant to re- 
 quisition as aforesaid, shall not be delivered up pursuant 
 thereto, and conveyed out of her majesty's dominions, withia 
 two calendar months after such committal, over and above 
 the time actually required to convey the prisoner from the 
 gaol to which he or she was committed by the readiest way 
 out of her majesty's dominions, it shall in every such case be 
 lawful for any of her majesty's judges in that part of her 
 majesty's dominions in which such supposed offender shall be 
 in custody, upon application made to him or them by or on 
 behalf of the person so committed, and upon proof made to 
 him or them that reasonable notice of the intention to make 
 such application has been given to some or one of her ma- 
 jesty's principal secretaries of state,— or in Ireland to the 
 chief secretary of the lord lieutenant of Ireland, and in any 
 of her majesty's colonies or possessions abroad for the officer 
 administering the government of any such colony or posses- 
 sion, — to order the person so committed to be discharged oat 
 • of custody, unless sufficient cause shall be shown to such 
 judge or judges why such discharge ought not; to be or- 
 dered." 
 
 As to persons committing the crimes of murder, assault with 
 intent to commit murder, piracy, arson, rohhery, forgery, or 
 the utterance of forged paper, in the United States of America, 
 and flying to this country, the 6 & 7 Vict. c. 76 [22nd August, 
 1843], contains the following provisions : — - 
 
 Sect. 1, after reciting that by the tenth article of the treaty be- 
 tween her Majesty and the United States of America, signed 
 at W^ashington on the 9th of August, 1842, the ratifications 
 whereof were exchanged at London on the 13th of October, 
 in the same year, it was agreed that her Majesty and the 
 said United States should, upon mutual requisitions by them 
 or their ministers, officers or authorities respectively made, 
 deliver up to justice all persons who, being charged with the 
 crime of murder or assault with intent to commit murder, or 
 piracy, or arson, or robbery, or forgery, or the utterance of 
 ■ forged paper, committed within the jurisdiction of either of 
 the high contracting parties, should seek an asylum or should 
 be found within the territories of the other;— provided that 
 this should only be done upon such evidence of criminality 
 as, according to the laws of the place where the fugitive or 
 person so charged should be found)- would justify his appre- 
 
 Digitized by Microsoft® 
 
CHAP. I,] Sect. 2. The Process to issue against Offenders. 037 
 
 hension and commitment for trial if the crime or offence had 6 & 7 Viot 
 been there committed, and that the respective judges and "• '"• 
 
 other magistrates of the two governments should have power, 
 jurisdiction and authority, upon complaint made under oath, 
 to issue a warrant for the apprehension of the fugitive or 
 person so charged, so that he might he brought before such 
 judges or other magistrates respectively, to the end that the 
 evidence of criminality might be heard and considered, — and 
 if on such hearing the evidence should be deemed suflBcient 
 to sustain the charge, it should be the duty of the examining 
 judge or magistrate to certify the same to the proper execu- 
 tive authority, that a warrant might issue for the surrender 
 of such fugitive, and that the expense of such apprehension 
 and delivery should be borne and defrayed by the party 
 making the requisition and receiving the fugitive ; — and it is 
 by the eleventh article of the said treaty further agreed, that 
 the tenth article, hereinbefore recited, should continue in 
 force until one or other of the high contracting parties should • 
 signify its wish to terminate it, and no longer : —and reciting 
 that it is expedient that provision should be made for carrying 
 the said agreement into effect, enacts, — 
 " That in case requisition shall at any time be made by the autho- Certain of- 
 rity of the said United States, in pursuance of and according fenders to be 
 to the said treaty, for the delivery of any person charged nn'teVuisition 
 with the crime of murder, or assault with intent to commit of the United 
 murder, or with the crime of piracy, or arson, or robbery, or States, 
 forgery, or the utterance of forged paper, committed within 
 the jurisdiction of the United States of America, who shall 
 be found within the territories of her Majesty, it shall be 
 lawful for one of her Majesty's principal secretaries of state, 
 — or in Ireland for the chief secretary of the- Lord Lieutenant 
 of Ireland, and in any of her Majesty's colonies or possessions 
 abroad for the officer administering the government of any such 
 colony or possession, — ^by warrant under his hand and seal, 
 to signify that such requisition has been so made, and to re- 
 quire all justices of the peace and other magistrates and officers 
 of justice within their several jurisdictions to govern themselves 
 accordingly, and to aid in apprehending the person so accused, 
 and committing such person to gaol, for the purpose of being 
 delivered up to justice, according to the provisions of the said 
 treaty ; — and thereupon it shall be lawful for any justice of Justice to grant 
 the peace, or other person having power to commit for trial warrant to ap- 
 persons accused of crimes against the laws of that part of her Prehend of- 
 Majesty's dominions in which such supposed offender shall be commit him. 
 found, to examine upon oath any person or persons touching 
 the truth of such charges, and upon such evidence as accord- 
 
 Digitized by Microsoft® 
 
638 
 
 Indictable Offences. 
 
 [part II. 
 
 6 & 7 Vict, 
 c. 76. 
 
 ing to the laws of that part of her Majesty's dominions would 
 justify the apprehension and committal for trial of the person 
 60 accused if the crime of which he or she shall be so accused 
 had been there committed, it shall be lawful for such justice 
 of the peace, or other person having power to commit as 
 aforesaid, to issue his warrant for the apprehension of such 
 person, and also to commit the person so accused to gaol, 
 there to remain until delivered pursuant to such requisition 
 as aforesaid" (see the 8 & 9 Vict. c. 120, hereon, infra). 
 The other sections, 2, 3, 4, of the 6 & 7 Vict. c. 76, are the same 
 in effect as sections 2, 3 and 4 of the 6 & 7 Vict. c. 75, pp. 635, 
 636, except s. 3, which does not contain the proviso in the cor- 
 responding section of 6 & 7 Vict. c. 75. 
 
 8 & 9 Vict, 
 c. 120. 
 
 A metropolitan 
 police magis- 
 trate to issue 
 his warrant for 
 apprehension, 
 &C., of of- 
 fender on ap- 
 plication of 
 secretary of 
 state. 
 
 The above acts of 6 & 7 Vict. cc. 75, 76, have been amended 
 by the 8 & 9 Vict. c. 120, principally substituting a Metropolitan 
 Police Magistrate for any Justice of the Peace. The enact- 
 ments are as follovrs : — 
 
 By 8 & 9 Vict. c. 120, s. 1, after reciting the 6 & 7 Vict. cc. 75, 
 76, and that it is expedient to make provision for giving 
 more immediate effect to the warrant of any one of her Ma- 
 jesty's principal secretaries of state for the better execution 
 of the said convention and treaty respectively, enacts : — 
 
 " That any police magistrate of the metropolis, to whom any one 
 of her Majesty's principal secretaries of state shall have sig- 
 nified, by warrant under his hand and seal, that requisition 
 has been made, pursuant to the said convention or treaty 
 respectively, to deliver up to justice, in terms of the said con- 
 vention or treaty, as the case may be, any person accused of 
 any crime rendering him liable to be so delivered up under 
 either of the recited acts, shall, upon such evidence as ac- 
 cording to the laws of England would justify the apprehen- 
 sion of the person so accused if the crime of which he is 
 accused had been committed in England within the jurisdic- 
 tion of such magistrate, issue his warrant for the apprehension 
 of such person in the form annexed to this act, or to the like 
 effect ; — and such warrant may be executed in any part of 
 England, and shall have the same force and effect throughout 
 England as if the same had been originally issued or subse- 
 quently indorsed by a justice of the peace or magistrate 
 having jurisdiction in the place where the same shall be exe- 
 cuted, and may be lawfully executed anywhere within Eng- 
 land by the constable or constables to whom the same shall 
 be directed, or who shall be appointed to execute the same, 
 who shall severally have all the powers and privileges for the 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 2. The Process to issue against Offenders. 639 
 
 execution of such warrant as any constable duly appointed 8 & 9 Vict, 
 hath or may have within his constablewick.' 
 
 Sect. 2. " Every person who shall be apprehended under any offender when 
 such warrant shall be brought with all convenient speed apprehended 
 before the magistrate by whom such warrant shall have been J° some°metro. 
 issXied, or some other magistrate of the same police court, — politan police 
 and such magistrate may cause the warrant of committal of court, and com- 
 such person to be drawn up according to the form given in n""ed. 
 the schedule annexed to this act, or to the like effect, which 
 shall be good and sufficient in law to warrant the persons to 
 whom the same shall be directed to detain such person in 
 custody, as directed in the said warrant, until delivered pur- 
 suant to the act under which he shall have been appre- 
 hended." 
 
 Forms. 
 
 (Given in the 8 Sj- 9 Vict. c. 120.) 
 
 Metropolitan ^ ,j,^ ^^ ^^^ ^^^^ ^^ ^^^ constables of the Metropo- Warrant of a 
 l-oljce IJistnct, >j; p jj j, prehension, 
 
 to wit. ) *^ 
 
 Whereas the Right Honourable , one of her Majesty's principal 
 
 secretaries of state, by warrant under his hand and seal, hath signified 
 to me that pursuant to the [convention made between her Majesty and 
 the King of the French in the year one thousand eight hundred and 
 forty-three, or the treaty madS between her Majesty and the United 
 States of America in the year one thousand eight hundred and forty- 
 two, as the case may be], for tlie apprehension of certain offenders, 
 requisition hath been duly made to him for delivering up to justice 
 
 A. B., late of , who is charged with having committed the crime 
 
 of [here specify the offence], within the jurisdiction of [his Majesty 
 the King of the French, or the United States of America, as the case 
 may be] : This is therefore to command you, in her Majesty's name, 
 forthwith to apprehend the said A. B., pursuant to an act passed in the 
 nintli year of the reign of her Majesty, intituled [here insert the title 
 of this act 26], wherever he may be found in England, and bring him 
 before me, or some other magistrate sitting in this court, to answer 
 unto the said charge, for which this shall be your warrant. 
 
 Given under my hand and seal at , one of the police courts of 
 
 the metropolis, this day of — — , in the year of our Lord . 
 
 J. P. (l.s.) 
 
 Polfce°D^strtct \ "^^ ^' ^'' ""^ °^ *® constables of the Metropolitan Warrant of 
 
 to wit ' i P"!'"^ Force, and to the keeper of the at . committal. 
 
 Be it remembered, that on the day of , in the year of our 
 
 Lord, , A. B., late of , is brought before me, J. P., one of 
 
 the police magistrates of th^ metropolis, sitting at the police court in 
 , within the metropolitan police district, and is charged before me, 
 
 26 " An Act for facilitating the Execution of the Treaties with France 
 and the United States of America for the Apprehension of certain Offenders." 
 
 Digitized by Microsoft® 
 
640 
 
 8 & 9 Vict, 
 c. 120. 
 
 Indictable Offences. 
 
 [l-AET II. 
 
 for that he the said A. B., on the day of — — , at , within 
 
 the jurisdiction of [his Majesty the King of the French, or the United 
 States of America, as the case may be'], did [here state the offence']: 
 And forasmuch as it hath been sliown to me, upon such evidence as by 
 law is sufficient to justify the committal to gaol of the said A. B., pur- 
 suant to an act passed in the seventh year of the reign of Queen Vic- 
 toria, intituled \Jiere insert the title of the sixth and seventh Victoria 
 chapter seventy-five, or sixth and seventh Victoria, chapter seventy- 
 six, as the case may require 27], that the said A. B is guilty of the 
 said oifence : This is therefore to command you the said constable, in 
 her Majesty's name, forthwith to convey and deliver the body of the 
 
 said A. B. into the custody of the said keeper of the , at : 
 
 and you the said keeper to receive the said A. B. into your custody in 
 
 the same , and him there safely to keep until he shall be thence 
 
 delivered pursuant to the provisions of the said act, for- which this shall 
 be your warrant. 
 
 Given under my hand and seal at , one of the police courts of 
 
 the metropolis, this day of , in the year of our Lord . 
 
 J. P. (L.S.) 
 
 Offenders in 
 the Colonies 
 flying to this 
 country. 
 
 6 & 7 Vict. 
 C.34. 
 
 As to the offences of treason or any felony in the Colonies and 
 the offenders escaping to this country, the 6 & 7 Vict. c. 34 con- 
 tains the following provisions : — 
 
 Sect. 1. After reciting that it is expedient to make more effectual 
 provision for the apprehension and trial of offenders against 
 the laws who may be in other parts of her Majesty's domi- 
 nions than those in which their offences were committed, 
 enacts, — "That from and after the passing of this act, if 
 any person charged with having committed any offence such 
 as is hereinafter mentioned 28; against the laws of any part 
 of her Majesty's dominions not being part of the United 
 Kingdom of Great Britain and Ireland, and against whom a 
 warrant shall have been issued for such offence by any person 
 
 27 " An Act for giving Effect to a Convention between Her Majesty and 
 the King of the French for the Apprehension of certain Offenders)" or 
 " An Act for giving Effect to a Treaty between Her Majesty and the United 
 States of America for the Apprehension of certain Offenders." 
 
 28 Section 10 of the 6 & 7 Vict. c. 34, enacted, " That it shall not be 
 lawful for any person to endorse his name upon any such warrant, for the 
 purpose of authorizing the apprehension of any person under this act, unless 
 it shall appear upon the face of the said warrant that the offence which the 
 person for whose apprehension the said warrant has been issued is charged 
 to have committed is such that, if committed within that part of her 
 majesty's dominions where the warrant is so endorsed, it would have 
 amounted in law to a treason, or some felony such as the justices of the peace 
 in general or quarter sessions assembled have not authority to try in England 
 under the provisions of the Act 5 8; & Vict. c. 38, — or unless the depositions 
 appear sufficient to warrant the committal of such person for trial." By 
 16 & 17 Vict. c. 118, the provisions of this section in Italics are repealed 
 as to the limitation of the offences, and extended to persons charged with «»jf 
 felony. 
 
 Digitized by Microsoft® 
 
c:iAP. I.] Sect. 2. The Process to issue against Offenders. 641 
 
 having lawful authority to issue the same within that part of 6 & 7 Vict, 
 her Majesty's dominions where such offenc^ shall have been "' 
 
 committed, shall be in any place within the said United 
 Kingdom, it shall be lawful, in Great Britain, for one of her 
 Majesty's principal secretaries of state, — and in Ireland, for 
 the chief secretary of the Lord Lieutenant of Ireland, — to 
 endorse his name on such warrant, which warrant so endorsed 
 shall be a sufficient authority to the person or persons bring- 
 ing such warrant, and all persons to whom such warrant was 
 originally directed, and also to all constables and other peace 
 . officers in that part of the United Kingdom where the said 
 warrant shall be so endorsed, to execute the said warrant, by 
 apprehending the person against whom such wai'rant is di- 
 rected, and to convey the said person before a justice of the 
 peace for the county or other jurisdiction in which the sup- 
 posed offijnder shall be apprehended, — of in Scotland either 
 before such justice of the peace or before the sheriff depute or 
 substitute." 
 
 Sect. 3. " It shall be lawful for any person duly authorized to Offender to be 
 examine and commit offenders for trial, before whom any sent to gaol 
 such supposed offender shall be brought as aforesaid, upon ^^ „j,ere of- 
 such evidence of criminality as would justify his committal fence com- 
 if the offence had been committed in that part of her Ma- mitted. 
 jesty's dominions, to commit such supposed offender to prison, 
 there to remain until he can be sent back, in manner hereinafter 
 mentioned, to that part of her Majesty's dominions in which 
 he is charged with having committed such offence ; — and 
 immediately upon the committal of such person, information 
 thereof in writing under the hand of the committing magis- 
 trate, accompanied by a copy of the said warrant, shall be 
 given, in Great Britain, to one of her Majesty's principal 
 secretaries of state, and in Ireland to the chief secretary of 
 the Lord Lieutenant, and in any other part of her Majesty's 
 dominions to the governor or acting governor." 
 
 Sect. 4. " In every such case copies of the depositions upon which Copies of de- 
 the original warrant was granted, certified under the hand of positions to be 
 the person or persons issuing such warrant, and attested upon 
 the oath of the party producing them to be true copies of 
 the original depositions, may,be received in evidence of the 
 criminality of the person so apprehended." [Vide Form of 
 Certificate, post, p. 645.] 
 
 Sect. 5. " It shall be lawful, in Great Britain, for one of her offenders ap- 
 
 Majesty's principal secretaries of state,— ^and in Ireland for prehended to 
 
 the chief secretary of the Lord Lieutenant, and in any other *f sent to the 
 
 ,..,,.. » , ,. place where the 
 
 part of her Majesty s dominions tor the governor or acting offence was 
 
 governo'r, — by warrant under his hand and seal, to order any committed, 
 
 O. 9. T T 
 
 Digitized by Microsoft® 
 
642 
 
 Indictable Offences. 
 
 [part II. 
 
 6 & 7 Vict. 
 
 c. 34. 
 
 If not sent 
 within two 
 months after 
 committal, may 
 apply to be 
 discharged. 
 
 Persons appre- 
 hended if not 
 indicted within 
 six months, or 
 if not con- 
 victed, may be 
 sent back. 
 
 person who shall have been so apprehended and committed 
 to gaol to be delivered into the custody of some person or 
 persons^ to be named in the said warrant, for the purpose of 
 being conveyed into that part of her Majesty's dominions in 
 •which he is charged with having committed the olfence, and 
 being delivered into the custody of the proper authorities 
 there, to be dealt with in due course of law as if he had 
 been there apprehended, and to order that the person so 
 committed to gaol be so conveyed accordingly ;— and if the 
 said person, after he shall have been so apprehended, shall 
 escape out of any custody to which he shall have been com- 
 mitted as aforesaid, it shall be lawful to retake such person, 
 in the same manner as any person accused of any crime 
 against the laws of that part of her Majesty's dominions 
 may be retaken uj)on an escape.'' 
 
 Sect. 6. " Where any person who shall have been committed to 
 gaol under this act shall not be conveyed out of that part of 
 her Majesty's dominions in which he shall have been so com- 
 mitted to gaol within two calendar months after such com- 
 mittal, over and above the time actually required to convey 
 the prisoner from the gaol to which he was committed by the 
 readiest way out of that part of her Majesty's dominions, it 
 shall be lawful for any of her Majesty's judges in that part of 
 her Majesty's dominions in which such supposed offender 
 shall be in custody, upon application made to him or them 
 by or on behalf of the person so committed, and upon proof 
 made to him or them that reasonable notice of the intention 
 to make such application has been given to one of her Ma- 
 jesty's principal secretaries of state in Great Britain, — or in 
 Ireland to the chief secretary of the Lord Lieutenant of 
 Ireland, or to the governor or acting governor in any other 
 part of her Majesty's dominions, — to order the person so com- 
 mitted to be discharged out of custody, unless sufficient 
 cause shall be shown to such judge or judges why such dis- 
 charge ought not to be ordered.". 
 
 Sect. 7. " In case any person apprehended under this act shall 
 not be indicted for the offence for which he shall have been 
 so apprehended within the period of six calendar months 
 after his arrival in that part of her Majesty's dominions in 
 ■which he is charged ^.o have committed the offence, or if 
 upon his trial he shall be acquitted, it shall be lavpful, in 
 Great Britain, for one of her Majesty's principal secretaries 
 of state, — and in .Ireland for the chief secretary of the Lord 
 Lieutenant of Ireland, and for the governor or acting 
 governor in any other part of her Majesty's dominions,— if he 
 shall think fit, upon the request of the person so appre- 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 2. The Process to issue against Offenders. 643 
 
 hended,'to cause such person to be sent back, free of cost to 6 & 7 Vict. 
 
 such person, and witli as little delay as possible, to that part 
 of her Majesty's dominions in which he shall have been so 
 apprehended." 
 Sect. 9. "It shall not be lawful for any person to endorse his Proof of the 
 name on any such warrant, for the purpose of authorizing jjj|"pg""„ 
 the apprehension of any person under this act, until it shall issuing the ori- 
 have been proved to him, upon oath or by affidavit, that the ginal warrant, 
 seal or signature upon the same is the seal or signature of 
 the person having lawful authority to issue such warrant, 
 whose seal and signature the same purports to he." 
 
 &.» Offenders flying to France or America or the Colonies. 
 
 By the provisions of the 6 & 7 Vict. c. 75, given at p. 633, Pf^j'jf^'^^J^ 
 a justice may issue his warrant for certain crimes in this country, 
 viz., murder, aiternpt to murder, forgery and fraudulent 
 hankrvptcy, the offender being supposed to have fled to France, 
 these oiFences being the corresponding ofi'ences to those com- 
 mitted in France. 
 
 By the provisions of the 6 & 7 Vict. 76, given at p. 636, a Offenders 
 justice may likewise issue his warrant to apprehend persons ^y™^ ° "'*' 
 supposed to have fled to the United States of America, who 
 have committed the crimes of murder, assault with intent to 
 commit murder, piracy, arson, robbery, forgery, or the utter- 
 ance of forged paper, being the corresponding oflfences to those 
 committed in America. 
 
 With respect to these cases, the following course is usually Course of pro- 
 pursued:— The warrant in the form, fost, p. 645, is granted, <=^'i"fs- 
 after taking such evidence, by deposition, as would warrant the 
 committal of the accused for trial ; a copy of the depositions, 
 certified (as in the form, post, p. 645) to be correct by the justice 
 granting the warrant, is taken, with the warrant of the ofiicer 
 who is charged with its execution, to the home or foreign 
 secretary of state, who indorses the warrant or writes some 
 communication to the English ambassador or minister, as the 
 case may be, in the country where the warrant is intended to 
 be executed, and which the secretary of state either sends him- 
 self or hands to the officer to take with the papers ; our am- 
 bassador or minister then in his turn, on the application of the 
 officer, also indorses the warrant or writes some communication 
 to the superior police authority of the country, which the officer 
 
 takes, and, in consequence, the authorities there either execute 
 
 _ _ rt 
 
 Digitized by Microsoft® 
 
644 
 
 Indictable Offences. 
 
 [part II. 
 
 Offenders 
 flying to the 
 Colonies. 
 
 6 & 7 Vict. 
 >:. 34. 
 
 Providing for 
 expense of re- 
 moval of of- 
 fenders to the 
 United King- 
 dom. 
 
 the warrant themselves and place the accused in the custody of 
 the officer, or assist the officer in apprehending him. 
 
 By the provisions of the 6 & 7 Vict. c. 34, and 16 & 17 
 Vict. c. 118, set out ante, p. 640, we have seen that persons in 
 the colonies committing the crimes of treason or ani/ felony 
 may be apprehended here on the warrant being indorsed by a 
 justice. For the same offences here, and the oflPenders flying to 
 the colonies, a justice may grant his warrant in the usual manner. 
 Sect. 2 of the 6 & 7 Vict. c. 34,—" to remedy the hke failure 
 of justice by the escape of persons charged with having com- 
 mitted offences in those parts of her majesty's dominions which 
 do not form part of the United Kingdom," enacts, — 
 
 " That from and after the passing- of this act [28th July, 18*3], 
 if any person charged with having committed any offence 
 such as is hereinafter mentioned 29 in any part of her Ma- 
 jesty's dominions, whether or not within the said United 
 Kingdom, and against whom a warrant shall be issued by 
 any person or persons having lawful authority to issue the 
 same, shall be in any other part of her Majesty's dominious 
 not forming part of the said United Kingdom, it shall be 
 lawful for the chief justice or any other judge of her Ma- 
 jesty's superior court of law within that other part of her 
 Majesty's dominions where such person shall be, to indorse 
 his name on such warrant,— which warrant so indorsed shall 
 be a sufficient authority to the person or persons bringing 
 such warrant, and also to all persons to whom such warrant 
 was originally directed, and also to all peace officers of the 
 place where the warrant shall be so indorsed, to execute the 
 same within the jurisdiction of the person by whom it shall 
 be so indorsed, by apprehending the person against whom 
 such warrant is directed, and to convey him before a magis- 
 ti'ate or other person having authority to examine and commit 
 offenders for trial in that part of her Majesty's dominions" 
 (vide s. 4, ante, p. 64], as to depositions being evidence). 
 Sect. 8„ " The court before which any person apprehended under 
 this act shall be prosecuted or tried within the said United 
 Kingdom may order, if it shall think fit, that the expenses of 
 apprehending and removing the prisoner from any part of her 
 Majesty's dominions not within the said United Kingdom to 
 any place within the said United Kingdom shall be repaid to 
 the person defraying the same, by the treasurer of the county 
 or other jurisdiction in England or Ireland, or by the sberiff 
 depute or substitute of the county in Scotland, in which the 
 
 29 See Note 28, ante, p. 610. 
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CHAP. I.] Sect. 2- The Process to issue against Offenders. 645 
 
 offence is charged to have been committed, the amount of 6 & 7 Vict. 
 
 such expenses being previously ascertained by an account ± — ; 
 
 thereof, verified by production of proper vouchers before two 
 justices of the peace of such county or other jurisdiction, 
 which last-mentioned justices shall examine into the correct- 
 ness of the said account, and shall allow the same, or such 
 part thereof as shall to them appear just and reasonable, 
 under their hands and seals; — and every treasurer, or sheriff 
 depute or substitute, who shall pay the amount so ascer- 
 tained, shall be allowed such payment in his accounts re- 
 specting' tlie business of such county or other jurisdiction." 
 The course usually pursued in this latter case is similar to Course of pio- 
 that adopted as respects offenders escaping to France or Ame- 
 rica, except that you go to the colonial secretary, instead of to 
 the home or foreign secretary. 
 
 As to persons committing offences here and escaping to other Offenders fly- 
 places abroad, the warrant, although it may be issued, cannot J.o|n^°es.^' 
 be executed there 30. 
 
 Forms. 
 
 The warrant may he in the usual farm (B), ante, p. 619, hy descrih- Warrant to ap- 
 
 ing the offender as " late of , but now supposed to be residing at prehend, 
 
 Palis, within the jurisdiction of his Majesty the Emperor of the 
 French ;" — or " at New York, within the jurisdiction of the United 
 States of America :" 
 
 Also inserting after the date and place of offence, but bffore the 
 description of the offence, — "did commit the crime of forgery [or as 
 the case may be], within the intent and meaning of the statute sixth 
 and seventh Victoria, chapter seventy-five [or seventy-six], that is to 
 say, that he the said A. B. did on the day and year and at the place last 
 aforesaid" [then, describe the offence in the ordinary way]. 
 
 I, the undersigned J. S. esquire, one of her Majesty's justices of the Certificate on 
 
 peace in and for the said [county] of , do hereby certify under my copy of depo- 
 
 hand, pursuant to the statute sixth and seventh Victoria, chapter sitions. 
 seventy-five [or seventy-six], that the above writing contains true 
 copies of the depositions upon which a certain original warrant for the 
 
 30 Cases have, however, occurred for which warrants have been granted 
 by the city and metropolitan magistrates, and an officer of police sent (as 
 in the case of Reg. v. Sattler, 27 L. J. (N. S.) M. C. 48; 22 J. P. 81)to 
 places abroad with which we have no reciprocal convention or treaty, as, 
 for instance, Hamburgh, Antwerp, Russia, &c. ; and the authorities at those 
 places have given the offenders over to the custody of our officers merely on 
 the production of the warrant, or placed them on board a British vessel ; or 
 sometimes, instead of delivering tliem to the English officer, convicted them 
 and punished them there, receiving a certified copy of the depositions as 
 evidence of the crime committed in this country. 
 
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646 
 
 Indictable Offences. 
 
 [part II. 
 
 apprehension of A. B., late of , but now supposed to be residino' 
 
 at [Sfc. as in the warrant], was, on this day of , 1858, 
 
 granted and issued by me under my hand and seal. 
 
 J. S. 
 
 To defer ex- 
 amination, 
 
 and remand ac- 
 cused for not 
 exceeding 
 eight clear 
 days. 
 
 Justices may 
 have accused 
 before expira- 
 tion of remand, 
 
 Sect. III. Of Remanding or Bailing Accused before 
 OR during Examination 1. 
 
 Sect. 21 enacts,—" that if from the absence of witnesses, or 
 from any other reasonable cause, it shall become necessary or 
 advisable to defer the examination or further examination of 
 the witnesses for any time, it shall be lawful to and for the ' 
 justice or justices before whom the accused shall appear or be 
 brought 2, by his or their warrant ( (Q. 1), post, p. 648), from 
 time to time to remand the party accused for such time as by such 
 justice or justices in their discretion shall be deemed reasonable, 
 not exceeding eight clear days, to the common gaol or house of 
 correction, or other prison, lock-up house, or place of security in 
 the county, riding, division, liberty, city, borough or place for 
 which such justice or justices shall then be acting;— or if the 
 remand be for a time not exceeding three clear days, it shall be 
 lawful for such justice or justices verbally to order the con- 
 stable or other person in whose custody such party accused may 
 then be, or any other constable or person to be named by the 
 said justice or justices in that behalf, to continue or keep such 
 party accused in his custody, and to bring him before the same 
 or such other justice or justices as shall be there acting at the 
 time appointed for continuing such examination:— provided 
 always, that any such justice or justices may order 3 such 
 
 1 Before this statute justices had no power to take bail for the accused 
 on a remand, and he must have been committed to prison i and the period 
 of remand was various, being different in many counties. The remand may 
 be to the lock-up house or cage, erected under the rural police acts, or the 
 5 & 6 Vict. c. 109, or 11 & 12 Vict. c. 101. The recognizance is usually put 
 by the magistrate or his clerk, stating to the person bound and his sureties 
 the substance of the recognizance in the second person, thus : — " You, A. B., 
 you, D. E., and you, F. G., severally acknowledge yourselves to owe to our 
 sovereign lady the queen the several sums following, that is to say, you the 
 
 said A. B. the sum of , you the said D. E. the sum of- , and you the 
 
 said F. G. the sum of , to be void if you :" then stating the con,- 
 
 dition as in the written recognizance, but in the second person. The caution to 
 be given by the justice to the accused, as required by s. 18, post, p. 661i 
 must not be given at the time of the remand, but " after the examination 
 of all the witnesses on the part of the'prosecution" is completed. 
 
 2 The accused need not have been apprehended under a warrant to 
 authorize a remand, and slight evidence of the charge is sufficient for that 
 purpose. 
 
 3 This provision will be found very useful where the witnesses' attend- 
 ance can be procured sooner than anticipated on the first examination, and 
 in many other respects. Vide Form of Order, post, p. 648. 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 3. Of Remanding or Bailing Accused, ^c. 647 
 
 accused party to be brought before him or them, or before any " ^/^J'"'" 
 
 other justice or justices of the peace for the same county, &c., 
 
 at any time before the expiration of the time for which such 
 accused party shall be so remanded, and the gaoler or officer in 
 ■whose custody he shall then be shall duly obey such order :— 
 provided also, that, instead of detaining the accused party in orbaUhimi 
 custody during the period for which he shall be so remanded, 
 any one justice of the peace before whom such accused party shall 
 so appear or be brought as aforesaid may discharge him, upon 
 his entering into a recognizance ( (Q. 2, 3), pp. 648, 649), with 
 or without a surety or sureties, at the discretion of such justice, 
 conditioned for his appearance at the time and place appointed 
 for the continuance of such examination 4 ; and if such accused on nonappear- 
 party shall not afterwards appear at the time and place men- ^^^^g^g^_ 
 tioned in such recognizance, then the said justice, or any other felted, 
 justice of the peace who may then and there be present, upon 
 certifying ( (Q. 4), p. 649) on the back of the recognizance the Recognizances 
 nonappearance of such accused party, may transmit such recog- '° ^^ 
 nizance to the clerk of the peace of the county, &c., within which 
 such recognizance shall have been taken, to be proceeded upon 
 in like manner as other recognizances,— and such certificate 
 shall be deemed sufficient ^rin)aya«« evidence of such nonap- 
 pearance of the said accused party" 5. 
 
 It will be seen by the provisoes in s. 9, ante, pp. 613, 614, Remand or bail 
 that if any variance between the summons or warrant and the "^°^ " cases, 
 evidence adduced shall appear to the justices to have deceived 
 or misled the party charged, the justice shall, at his request, 
 adjourn the hearing of the case, and in the meantime remand 
 the party so charged, or admit him to bail as before mentioned. 
 
 It is usual in some districts to bind over by recognizance Witnesses 
 
 such of the witnesses as are in attendance on the first exami- ''""°° °*^'' *° 
 
 appear. 
 
 nation to appear on the remand day ; but, as there is no au- 
 thority to do so, their recognizances could not be estreated 
 should they not appear ; and they must be summoned again to 
 give evidence. 
 The accused not being entitled to a copy of the depositions Accused not 
 
 4 It is the practice, warranted it is conceived by this section, in the 
 Metropolitan and City of London Police Courts, where the accused is bailed, 
 to extend, when desired, the further examination beyond the eight days. 
 
 5 The justices before whom the accused should have appeared may also 
 issue their warrant for his appearance, as if no previous hearing of the case 
 had taken place {ante, pp. 612, 613). 
 
 ^ Digitized by Microsoft® 
 
648 
 
 Indictable Offences. 
 
 [PAKT II. 
 
 11 & 12 Vict, 
 c. 42. 
 
 entitled to 
 copies of depo- 
 sitions on re- 
 mand or dis- 
 missal. 
 
 (Q 1) Warrant 
 remanding a 
 prisoner. 
 
 until the whole are completed (see 11 & 12 Vict. c. 42, s. 27, 
 post, p. 672), he cannot demand a copy upon a remand for re- 
 examination 6 ; nor is he entitled to them where the charge is 
 dismissed 7. 
 
 FOBMS. 
 
 To the constable of , and to the [keeper of the house of cor- 
 rection], at , in the said [county] of . 
 
 Whereas A. B. was this day charged before the undersigned, [one] 
 of her Majesty's justices of the peace in and for the said [county] of 
 
 , for that [SfC. as in the warrant to apprehend] ; and it appears 
 
 to me to be necessary to remand the said A. B. : These are therefore 
 to command you the said constable, in her Majesty's name, forthwith 
 
 to convej' the said A. B. to the [house of correction] at , in the 
 
 said [county], and there to deliver him to the keeper thereof, together 
 ■with this precept; and [/] hereby command you the said koeper to 
 receive the said A. B. into your custody in the said house of correction, 
 
 and there safely keep him until the day of instant, when 
 
 [J] hereby command you to have him at ,* at o'clock in 
 
 the forenoon' of the same day, before [me], or before such other jus- 
 tice or justices of the peace for the said [county] as may then be 
 there, to answer further to the said charge, and to be further dealt 
 with according to law, unless you shall be otherwise ordered in the 
 meantime. 
 
 ' Given under my hand and seal this — '■ — day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 Order to bring To the keeper of the [house of correction] at , in the said 
 
 up accused be- [county] of . 
 
 fore expiration \ Whereas A. B. was on the day of charged with 
 
 of remand (not to wit. J [state offence shortly], and remanded [by me] to your cus- 
 
 in Jervis's tody in the said [house of correction], until the day of 
 
 Act). next, unless you should be otherwise ordered in the meantime : And 
 whereas it appears to me, the undersigned, one of her Majesty's jus- 
 tices of the peace in and for the said [county] of [or the said 
 
 justice], to be expedient that the said A. B. should be further exa- 
 mined before the expiration of the said remand : These are therefore 
 to order you, in her Majesty's name, to bring and have the said A. B. 
 at ['^Cyfolloiofrom the asterisk* in the last form, to the end]. 
 
 (Q. 2) Recog- 
 nizance of bail 
 instead of re- 
 mand. 
 
 : Be it remembered, that on the day of , in the year 
 
 of our Lord — — , A. B. of [labourer], L. M. of [grocer], 
 
 and N. O. of [butcher], personally came before me, one of her 
 
 Majesty's justices of the peace for the said [county], and severally 
 acknowledged themselves to owe to our lady the Queen the several 
 
 sums following ; that is to say, the said A. B. the sum of , and the 
 
 said L. M. and N. O. the sum of each, of good and lawful money 
 
 6 Reg. V. Lord Mayor of London, 5 Q. B. 555 ; Ex parte Flelcher, 13 
 L.J. (N. S.)M. C. 67. „ ,„ 
 
 7 Ex parte Humphreys, 19 L. J. (N. S.) M. C. 189; 4 New Sess. Cas.79i 
 IS Law T. 142 i 14 J. P. 286, 340. 
 
 Digitized by Microsoft® 
 
CBAP. I.] Sect. 3. Of Remanding or Bailing Accused, ^c. 649 
 
 of Great Britain, to be made and levied of their several goods and 11 * ^^ Vict. 
 
 ehattfls, lands and tenements respectively,' to the use of our said lady "ji^ 
 
 the Queen, her heirs and successors, if he the said A. B. fail in the 
 condition indorsed. . 
 
 Taken and acknowledged the day and year first above mentionea, 
 at before rae. 
 
 J* i7< 
 
 The condition of the within -written recognizance is such, that Condition. 
 
 whereas the within bounden A. B. was this day [or on last past] 
 
 charged before me, for that [^c. as in the loarranf] : and whereas the 
 examination of the witnesses for the prosecution in this behalf is ad- 
 journed until the day of instant ; if therefore the said A. B. 
 
 sliall appear before me on the said day of instant, at — — , 
 
 at o'clock in the forenoon-, or before such other justice or justices 
 
 of the peace for the said [county'] as may then be there, to answer 
 [further} to the said charge, and to be further dealt with according 
 to law, then the said recognizance to be void, or else to stand in full 
 force and virtue. 
 
 : Take notice, that you A. B. of , are bound in the sum (Q. 3) Notice of 
 
 of , and your sureties L. M. and N. O. in the sum of recognizance 
 
 each, and that you A. B. appear before me J. S., one of her Ma- for accused and 
 
 jesty's justices of the peace for the [county'] of , on , the sureties. 
 
 day of instant, at o'clock in the forenoon, at ,_or 
 
 before such other justice or justices of the peace for the same [county'] 
 as may then be there, to answer further to the charge made against 
 you by C. D., and to be further dealt with according to law ; and 
 unless you A. B. personally appear accordingly the recognizances 
 entered by yourself and sureties will be forthwith levied on you and 
 them. 
 
 Dated the day of , 18.5—. 
 
 J. S. 
 
 I hereby certify, that the said A. B. hath not appeared at the time (Q. 4) Certifi- 
 and place in the above condition mentioned, but therein hath made de- cate of non- 
 fault, by reason whereof the within- written recognizance is forfeited, appearance to 
 
 j_ g_ be indorsed on 
 
 the recog- 
 nizance. 
 
 Sect. IV. Op compelling Witnesses' Attendance, &c. 
 
 By s. 16 of 11 & 12 Vict. c. 42, it is enacted, — " that if it shall Summons to a 
 be made to appear to any justice of the peace, by the oath or '"'"^**' 
 affirmation of any credible person, that any person within the 
 jurisdiction 1 of such justice is likely to give material evidence 
 
 1 The observations on sect. 7 of the 1 1 & 12 Vict. c. 43, Note 2, ante, 
 p. 122, will apply here also, but justices have jurisdiction in these criminal 
 matters under a greater variety of circumstances than in summary convic- 
 tions [vide ante, pp. 12—17, paragraphs Nos. 11—25); and therefore in 
 these cases it is submitted the jurisdiction to summon is not confined to the 
 place where the offence was actually committed. 
 
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650 
 
 Indictable Offences. 
 
 [part ii. 
 
 11 & 12 Vict, 
 c. 42. 
 
 How summons 
 served. 
 
 Warrant on 
 disobedience of 
 summons ; 
 
 or warrant in 
 the first in- 
 stance. 
 
 Witnesses re- 
 fusing to be 
 examined, &c. 
 may be com- 
 mitted. 
 
 for the prosecution 2, and will not voluntarily appear for the 
 purpose of being examined as a witness at the time and place 
 appointed for the examination of the witnesses against the 
 accused, such justice may and is hereby required to issue his 
 summons ( (L. 1), post, p. 651) to such person, under his hand 
 and seal, requiring him to be and appear at a time and place 
 mentioned in such summons before the said justice, or before 
 such other justice or justices of the peace for the same county, 
 riding, division, liberty, city, borough or place as shall then be 
 there, to testify what he shall know concerning the charge 
 made against such accused party j — and if any person so sum- 
 moned shall neglect or refuse to appear at the time and place 
 appointed by the said summons, and no just excuse shall be 
 offered for such neglect or refusal, then " after proof upon oath 
 or affirmation of such summons having been served upon such 
 person, either personally or by leaving the same for him with some 
 person at his last or most usual place of abode 3, it shall be 
 lawful for the justice or justices before whom such person should 
 have appeared to issue a warrant ( (L. 2), p. 652), under his or 
 their hands and seals, to bring and have such person at a time 
 and place to be therein mentioned before the justice who issued 
 the said summons, or before such other justice or justices of the 
 peace for the same county, &c. as shall then be there, to testify 
 as aforesaid, and which said warrant may, if necessary, be 
 backed as hereinbefore is mentioned in order to its being exe- 
 cuted out of the jurisdiction of the justice who shall have 
 issued the same ; — or if such justice shall be satisfied by 
 evidence upon oath or affirmation that it is probable that 
 such person will not attend to give evidence without being 
 compelled so to do, then, instead of issuing such summons, 
 it shall be lawful for him to issue his warrant ( (L. 3), p. 652) 
 in the first instance, and which, if necessary, may be backed 
 as aforesaid ; — and if on the appearance of such person so 
 summoned before the said last-mentioned justice or justices',— 
 either in obedience to the said summons or upon being 
 
 2 In practice it is usual to issue summonses to witnesses for the accused 
 also. 
 
 3 A witness cannot refuse to attend, upon being served with a summons 
 or subpoena, until his expenses are paid (/t. v. James, 1 C. & P. 322). A 
 tender of his expenses is not necessary in indictable cases, as in summary 
 convictions, ante, p. 123. 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 4. Of compelling Witnesses' Attendance, ^c. 651 
 
 brought before him or them by virtue of the said warrant 4, 1^ ^ '42^""" 
 
 — such person shall refuse to be examined upon oath or affir- 
 
 mation concerning the premises, — or shall refuse to take 
 such oath or affirmation, — or, having taken such oath or 
 affirmation, shall refuse to answer such questions concerning 
 the premises as shall then be put to him, without oflFering 
 any just excuse for such refusal, — any justice of the peace 
 then present, and having there jurisdiction, may by warrant ( (L. 
 4), p. 652), under his hand and seal, commit the person so re- 
 fusing to the common gaol or house of correction for the 
 county, &c., where such person so refusing shall then be, 
 there to remain and be imprisoned for any time not ex- 
 ceeding seven days, unless he shall in the meantime con- 
 sent to be examined and to answer concerning the premises." 
 See also 16 & 17 Vict. c. 30, s. 9, ante, p. 124, as to pro- 
 curing a prisoner to be brought before justices to give evi- 
 dence 5. 
 
 A person attending before a magistrate as a witness on a Witness privi- 
 charge of felony, after a remand, is privileged from arrest on legedfrom 
 civil process eundo, morando et redeundo, though he was not 
 under recognizance or summons to appear (Montague v. I£ar- 
 rison, 27 L. J. (N. S.) C. P. 24 j 22 J. P. 86 j see 21 J. P. 
 737). 
 
 FOBMS. 
 
 To E. F of — , [ZaJourer]. (L.l) Summons 
 
 Whereas information hath been laid before the undersigned, [one] of of a witness. 
 
 her Majesty's justices of the peace in and for the said [county'] of ■, 
 
 that A. B. [Sfc. as in the summons or warrant against the accused] ; 
 and it hath been made to appear to me upon [oath] that you are likely 
 to give material evidence ibr the [prosecution]: These are therefore 
 
 to require you to be and to appear before me on next, at • 
 
 o'clock in the forenoon, at , or before such other justice or justices 
 
 of the peace for the same county as may then be there, to testify what 
 you shall know concerning the said charge so made against the said 
 A. B. as aforesaid. Herein fail not. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our Lord , at , in the [county] aforesaid. 
 
 J. S. (l.s.) 
 
 4 Although the witness be not summoned or apprehended on a warrant, 
 he may doubtless be committed under this section for refusing to be exa- 
 mined (see 13 J. P. 34;. ride Form, Oke's " Formulist," 2nd ed. p. 275, 
 
 5 It is the practice of the superior courts to require that the affidavit 
 used on the application for the habeas referred to should state, if the fact be 
 so, that the party whose evidence is desired is willing to be removed from 
 his present custody to give evidence. 
 
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652 
 
 Indictable Offences. 
 
 [part II, 
 
 11 & 12 Vict 
 c. 42. 
 
 obeyed. 
 
 To the constable of , and to all other peace officers in the 
 
 said [coun/y] of , 
 
 Whereas iniormaiion having been laid before the undersigned, [one] 
 ^\' ^^ ^^^^^"^ of her Majesty's justices of the peace in and for the said [county] of 
 
 where the sura- ^ jjjj^j ^_ g_ |-^p_ ^g ^^ fj^g summons] ; and it having been made 
 
 mons IS IS- ^^ appear to [me] upon oath that E. F., of [labourer], was likely 
 
 to give material evidence for the prosecution, 1 did duly issue my 
 summons to the said E. F., requiring him to be and appear before me 
 
 on , at , or before s\ich other justice or justices of the peace 
 
 for the same county as might then be there, to testify what he should 
 know respecting the said charge so made against the said A. B. as 
 aforesaid : And vs liereas proof hath this day been made before me upon 
 oath of such summons having been duly served upon the said E. F. : 
 And whereas the said E. F. hath neglected to appear at the time and 
 place appointed by the said summons, and no just excuse has been 
 offered for such neglect: These are therefore to command you to bring 
 
 and have the said E. F. before me on , at -^ — o'clock in the 
 
 forenoon, at , or before such other justice or justices of the peace 
 
 for the same [county] as may then be there, to testify what he shall 
 know concerning the said charge so made against the said A. B. as 
 aforesaid. Given [&c. as (L. 1) supra]. 
 
 (L. 3) Warrant To the constable of , and to all other peace officers in the 
 
 in the first in- said [county] of . 
 
 stance. Whereas information hath been laid before the undersigned, [one] 
 of her Majesty's justices of the peace in and for the said [county] of 
 , that [^c. as in the summons] ; and it having been made to ap- 
 pear to [me] upon oath that E. F., of [labourer], is likely to 
 
 give material evidence for the prosecution, and that it is probable that 
 the said E. F. will not attend to give evidence without being com- 
 pelled so to do : These are therefore to command you to bring and 
 
 have the said E. F. before me on , at o'clock in the forenoon, 
 
 at , or before such other justice or justices of the peace for the 
 
 same [county] as may then be there, to testify what he shall know 
 concerning the said charge so made against the said A. B. as aforesaid. 
 Given [&c. as (L. 1), supra]. 
 
 (L. 4) Commit- 
 ment of a wit- 
 ness refusing to 
 be sworn or to 
 give evidence. 
 
 To the constable of , and to the keteper of the [house if cor- 
 rection] at , in the said [county] of . 
 
 Whereas A. B. was lately charged befoi-e the undersigned, [one] of 
 
 her Majesty's justices of the peace in and for the said [county] of , 
 
 for that [SfC. as in the summons] ; and it having been made to appear 
 
 to [me] upon oath that E. F., of , was likely to give material 
 
 evidence for the prosecution, I duly issued my summons to the said 
 
 E. F., requiring him to be and appear before me on , or before 
 
 such other justice or justices of the peace as should then be there, to 
 testify what he should know concerning the said charge so made 
 against the said A. B. as aforesaid ; and the said E. F. now appearing 
 before me Tor being brought before me by virtue of a warrant in that 
 behalf to testify as aforesaid], and being required to make oath or 
 affirmation as a witness in that behalf, hath now refused so to do [or 
 being duly sworn as a witness, doth now refuse to answer certain 
 questions concerning J,he premises which are here put to hiiq], withoat 
 
 Digitized by Microsoft® 
 
CHAP. 1.] Sect. 4. Of compelling Witnesses' Attendance, S^c. 653 
 
 offering any just excuse for such l.is refusal: These are therefore to H & 12 Vict. 
 
 command vou the said constable to take the said E. F., and him -^^Zt 
 
 saftlv to convey to the \house of correction] at , m the county 
 
 af.-i-esaid, and there deliver him to the said keeper thereof together 
 with this precept ; and I do hereby command you the said keeper ot 
 the said [house of correction'] to receive the said E. F. into your cus- 
 tody in the said Ihouse of correction], and him' there safely keep tor 
 
 the space of days, for liis said contempt, unless he shall in the 
 
 meantime consent to be examined and to answer concerning the pre- 
 mises ; and for your so doing this shall be your sufficient warrant. 
 Given [&c. as (L. 1), supra]. 
 
 Sect. V. The Preliminary Examination. 
 
 1. The Court, p. 653. 
 
 2. Taking the Depositions in ordinary Cases, p. 654. 
 
 3. Adijourned Examination, p. 660. 
 
 4. Defence of Accused, and examining his Witnesses, 
 p. 661. 
 
 5. Examination for an Offence in another Juris- 
 diction, p. 664. 
 
 6. Committal or Discharge of Accused, p. 668. 
 
 7. Ordering Prosecution in certain Cases, p. 671. 
 
 8. Returning Depositions, furnishing Copy, and 
 Restoration of Prisoner's Property, p. 671. 
 
 9. As to binding over Prosecutor, S^c, p. 673. 
 10. As to bailmg Accused, p. 673. 
 
 1, The Court. 
 By sect. 19 of the 11 & 12 Vict. c. 42, it is enacted,— " That Place where 
 the room or building in which such justice or justices shall ^k™not an 
 take such examinations and statements as aforesaid 1 shall not open court, 
 be deemed an open court for that purpose; — and it shall be 
 lawful for such justice or justices in his or their discretion, 
 to order that no person shall have access to, or be or remain 
 in such room or building, without the consent or permission 
 of such justice or justices, if it appear to him or them that 
 the ends of justice will be best answered by so doing" 2. 
 
 1 Meaning the examinations of the witnesses, as provided by s. 17 (pott, 
 p. 65a), and the statement of the accused, as provided by s. 18 (post, p. 
 661). 
 
 2 Under this provision, the professional advisers of the prosecutor and 
 accused may be ex,cluded ; but s. 17, post, p. 655, speaks of the accused's 
 counsel or attorney cross-examining the witnesses. It would seem, how- 
 
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654 
 
 Indictable Offences. 
 
 [part II. 
 
 11 & 12 Vict. 
 
 u. 42. 
 
 Justices have no power to permit the withdrawal of a 
 criminal charge, for " if a prima facie case is made out against 
 Withdrawal of the prisoner by witnesses entitled to a reasonable degree of 
 before%s"tic?s. "'-edit" {per Bailey, J., in Cox v. Coleridge, 1 B. & C. 50), he 
 has no discretion whether or not he will commit the accused 
 for trial 3 ; but if the prosecutor do not offer any evidence, it 
 is presumed justices may discharge the accused ; however, such 
 is the practice of the highest criminal courts. 
 
 No objections 
 to information, 
 summons or 
 warrant, 
 
 in cases where 
 
 indictment 
 
 found. 
 
 2. Taking the Depositions in ordinary Cases. 
 
 The accused party being before the justice or justices, the 
 most approved course is not to state the charge to him from the 
 charge sheet, information, summons or warrant, or to desire him 
 to plead, or, in other words, he should not be asked whether he 
 is guilty or not guilty, at this or indeed at any stage of the pro- 
 ceedings ; but to proceed at once with the examination of the se- 
 veral witnesses 4, whose statements should be taken down in the 
 first person, and as nearly as possible in the exact natural 
 language of the witness 5, omitting all matters which are 
 irrelevant, as what the witness heard or surmised, and conver- 
 sations not in the presence and hearing of the accused. It must 
 also be observed, with respect to any information which may 
 have been taken, or to any summons or warrant which may have 
 been issued, that no objections can be made to them for any de- 
 fect therein, or for any variance between them and the evidence; 
 but if any variance has misled the defendant the hearing may 
 be adjourned (see ante, pp. 606, 613, 614). 
 
 It will be seen by s. 3, ante, p. 626, that where the person 
 charged is apprehended after indictment found, and brought 
 before a justice, no examination of the witnesses is required 
 (tliey having been already examined before the grand jury), 
 
 ever, that the omission of the legislature to make an exception in favour of 
 the legal advisers of the accused was accidental, for in the corresponding act 
 for Ireland, passed in the following year (12 & 13 Vict. c. 68), a similar 
 clause to the above expressly reserves the right of the counsel or attorney 
 of the accused to be present. See 14 & 15 Vict c. 93, s. 9, art. 2. 
 
 3 See Keir v. Leeman, 9 Q. B. 371 ; 15 L. J. (N. S.) Q. B. 360 j 12 J. P. 
 38, and observations, 13 J. P. 789 ; Rowlands v. Symonds, 14 J. P. 290, and 
 the charge of Mr. Baron Parke at Lewes Kent Assizes, 1852, 16 J. P. 211, 
 242. 
 
 4 No formal information need be taken, or, if previously taken, again 
 sworn to, when the defendant is before the justices, as is the practice at 
 some benches of magistrates. 
 
 5 Cohen v. Morgan, 6 D. & R. 8 ; Carratt v. Morley, I Ad. & E. (N. S.) 
 18. 
 
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655 
 
 CHAP. I.] Sect. 5. The Preliminary Examination. 
 
 but merely a deposition of his identity with the person in- ^^ «'^ ^^^^ "=*• 
 dieted ; but if the accused be in custody, a detainer is lodged 
 
 at the saol. ^ „ j c „^o 
 
 The n & 12 Vict. c. 42, s. 17, describes the course of pro- Mod^ "J^-- 
 ceedinc • it enacts—" that in all cases where any person shall ^n ^ases of 
 appear^or bq brought before any justice or justices of the peace inmaable 
 charged with an indictable offence,- whether committed in Eng- 
 land or Wales, or upon the high seas, or on land beyond the sea, 
 or whether such person appear voluntarily upon summons, or 
 have been apprehended with or tvithout warrant, or be in cus- 
 tody for the same or any other offence,— such justice or justices, 
 before he or they shall commit such accused person to prison 
 for trial,— or before he or they shall admit him to bail, — shall, 
 in the presence of such accused person,— who shall be at liberty 
 to put questions to any witness produced against him,— take the 
 statement ((M), post, p. 659), on oath or affirmation of those mho 
 shall know the facts and circumstances of the case,— and shall 
 put the same into writing, — and such depositions shall be read 
 over to and signed respectively by the witnesses who shall 
 have been so examined, — and shall be signed also by the 
 justice or justices taking the same; — and the justice or 
 justices before whom any such witness shall appear to be 
 examined as aforesaid shall, before such witness is examined, 
 administer to such witness the usual oath or affirmation 6, 
 which such justice or justices shall have full power and 
 authority to do ; 
 
 " And if u pon the trial of the person so accused as first afore- Deposition to 
 said, it shall be proved, by the oath or affirmation of any ness^dead." 
 credible witness, that any person whose deposition shall have 
 been taken as aforesaid is dead, or so ill as not to be able to 
 travel, and if also it be proved that such deposition was taken 
 in the presence of the person so accused, and that he or his 
 counsel or attorney 7 had a full opportunity of cross-examining 
 the witness, thenj if such deposition purport to be signed by the 
 justice by or before whom the same purports to have been taken, 
 
 6 f'ide ante, pp. 63 — 66, as to the mode of swearing witnesses, Quakers, 
 Jews, &c. It would be always desirable, where a person of weak intellect 
 is examined before a magistrate in a case of felony, that the magistrate's 
 clerk should take down in the depositions the questions put by the magis- 
 trate and the answers given by the witness, as to the witness's capacity to 
 take an oath (Wilde, C. J., R. v. Painter, 2 C. & K. 319 j S. C, 2 Cox, C. C. 
 244). 
 
 7 This is the only section in which an attorney or counsel is named 
 throughout the statute 11 & 12 Vict. c. 42. Vide Note 2, ante, p. 653. 
 
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56 
 
 Indictable Offences. 
 
 [paut II, 
 
 11 & 12 Vict, 
 c. 42. 
 
 >rder of exa- 
 lination of 
 'itnesses. 
 
 Evidence. 
 
 'revious con- 
 iction. 
 
 it shall be lawful to read such deposition as evidence in such 
 prosecution, without further proof thereof, unless it shall be 
 proved that such deposition was not in fact signed by the 
 justice purporting to sign the same" 8. 
 
 The order in which the several witnesses will be called will 
 be in the discretion of the prosecutor or his legal adviser (if 
 one appears), who will of course take them in such succession 
 as will best elucidate the facts ; but if no professional man 
 attend for the prosecution, and where the case is in any degree 
 complicated, and the number of witnesses considerable, it is 
 usual and convenient, before taking the depositions of the wit- 
 nesses, for the police officer who has charge of the case to furnish 
 to the magistrate's clerk notes of the substance of the facts to 
 be spoken to by each witness, in order that the clerk may con- 
 duct the examinations properly and thus save the time of the 
 court by putting unnecessary questions, and avoid the confu- 
 sion which otherwise would arise ; but it must be understood, 
 that it is irregular to write the depositions out in the absence of 
 the justice and the prisoner, although they may be subsequently 
 read over to the witness, sworn in the presence of both, and the 
 prisoner has a full opportunity of cross-examining the witness 9. 
 
 The same rules of evidence must be observed as though the 
 case were being finally heard and determined upon. See ante, 
 pp. 55 — 81, " Of Evidence before Magistrates." If the accused 
 have before been convicted of felony, or a misdemeanor under 
 Lord Campbell's Act, 14 & 15 Vict. c. 19, the practice in the 
 Metropolitan and City Police Courts is to receive the legal evi- 
 dence of such conviction on this examination, or adjourn it for 
 that purpose, where necessary, or in some cases merely instruct 
 
 8 The deposition, in order to be read as evidence, must appear to relate 
 to the charge upon which the prisoner was being tried (Reg. v. Langtridge, 
 18 L. J. (N. S.) M. C. 198 ; 1 Den. C. C. 448 ; 3 Cox, C. C. 465 ; Heg. v. 
 Miller, 4 Cox, C. C. 166; Reg. v. Beeston, 24 L. J. (N.S.) M. C. 5; 1 Dears. 
 C. C. 405 J 18 J. P. 728). It may also be read as evidence before the grand 
 jury (Reg. •/. Clements, 20 L. J. (N. S.) M. C. 193 ; 2 Den. C. C. 251 ; 15 
 J. P. 338 ). If the witness is kept away by the procurement of the prisoner, 
 or one of them where there are several, it is admissible against him, but not 
 against the others (Reg. v. Scai/e, 20 L. J. (N. S.) M. C. 229 ; 2 Den. C. C. 
 281 ; 15 J. P. 581). But the permanent absence abroad of a witness is no 
 reason for receiving his deposition (Reg. v. Austin, 25 L. J. (N. S.) M. C. 
 48; 1 Dears. C. C. 612; 20 J. P. 54). The deposition, however, of a 
 witness who has an attack of paralysis and is unable to hear or speak or give 
 evidence may be read, though it would not endanger his life to travel or to 
 be brought into court (Reg. v. Coekburn, 26 L. J. (N. S.) M. C. 136 ; 1 Dears. 
 & Bell, C. C. 203 ; 21 J. P. 358 j 7 Cox, Cr. Gas. 265). 
 
 9 See R. V. Christopher, 1 Den. C. C. 536 ; 14 J. P. 83. 
 
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CHAP. I.J Sect. 5. The Preliminary Examination. 
 
 the officer to be prepared with that evidence at the trial ; the strict 11 & 12 T 
 evidence being a certificate of the conviction from the clerk of "' 
 the court, vcith proof of the identity of the person charged. See 
 also 7 & 8 Geo. 4, c. 28, s. 11 ; 12 & 13 Vict. c. 11, s, 3 ; 14 & 15 
 Vict. c. 19, s. 2 ; 14 & 15 Vict. c. 99, s. 13 ; 14 & 15 Vict. c. 
 100, s. 22. 
 
 Documents produced in evidence should be initialed by the Documenti 
 clerk, and either introduced in extenso into the depositions, or *"'^^°'=^- 
 their purport stated; but since the 14 & 15 Vict. c. 100, ss. 5, 
 6, 7 (ante, p. 617), it is not necessary to set out in an indict- 
 ment a copy or fac-simile of a forged instrument. 
 
 As to ordering witnesses out of court, see ante, p. 128 ; and Witnesses. 
 as to their refusing to be swornor examined, see ante, p. 650. 
 
 The justices are quite competent to adjourn the examination Remandini 
 either "from the absence of v^itnesses, or from any other rea- j" ""^^ 
 sonable cause" (s. 21, ante, p. 646), as the establishment of 
 fresh charges against the prisoner, &;c., in which case the ac- 
 cused is remanded or bailed. 
 
 Where the accused is charged with the commission of two or Where sev 
 more felonies or misdemeanors committed at the same time and a^gyfed^^ 
 place in respect of the same or different prosecutors, the evidence 
 may be taken in one set of depositions ; but if not so committed, 
 one case may be completed, and the commitment in it held over 
 until the completion of the other case (the accused in the mean- 
 time being remanded on either charge), and then a detainer 
 made out in the second case. 
 
 Everything occurring before the magistrate should be taken Observatio 
 down in writing and returned with the depositions, as where the ^ ^<""^^^ 
 prisoner voluntarily interposes an observation, which is ma- 
 terial, during any period of the examination, for it is admissible 
 as evidence, as Reg. v. Stripp (25 L. J. (N. S.) M. C. 109; 
 1 Dears. C. C. 648; 20 J. P. 279) decides that no caution is 
 necessary by the magistrate till the depositions are all taken 
 and the case for the prosecution completed; and even if such 
 observa:tioTi be not so taken down, that case and JR. v. Jacob, 
 1 Lea, 309; and Meg. v. Thomas, 14 J. P. 513, per Talfourd, 
 J., seem to admit that parol evidence of it will be allowed to 
 be given at the trial 10. If such an observation be taken down, 
 
 10 The contrary was held by Piatt, B., in R. v. Weller, 2 C. & K. 223 ; 
 Reg. V. Carpenter, 2 Cox, C. C. 228, per Wilde, C. J. i 8 Law T. 558. It 
 should be distinguished in the deposition in this way : " The prisoner here 
 voluntarily says: ." 
 
 O. S. U U 
 
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358 
 
 Indictable Offences. 
 
 [part II. 
 
 11 & 12 Vict. 
 
 C.42. 
 
 Confessions of 
 accused under 
 inducement or 
 threat. 
 
 it is proved at the trial by the magistrate's clerk who took it, 
 or any witness who was present and heard it. 
 
 Any promise or inducement held out to a prisoner by which 
 he makes a statement to a constable or other person in authority, 
 or to a person directly injured by the crime, renders the state- 
 ment inadmissible as evidence against him 11. Any confession 
 or statement, however, made by the accused to the constable or 
 other person, without such promise or inducement, — or to any 
 person not in authority, — under such promise or threat, is 
 admissible as evidence against him ; but a constable is not to 
 caution or lead a prisoner to say anything, although it is 
 permitted him to question him 12. Any fact discovered in 
 consequence of information obtained by a promise, threat or 
 inducement may be given in evidence 13. Where, after an 
 inducement by a threat or promise has been holden out to a 
 prisoner, the prisoner makes a confession or not, and afterwards 
 he is told by the justice in the words of the proviso in section 
 18 {post, p. 661), that he has nothing to hope from the one or 
 dread from the other, any confession he then makes will be 
 receivable in evidence 14. In a recent case 15, where a police- 
 man said to the prisoner " You need not say anything to criminate 
 
 11 Rex V. Upchurch, R. & Moo. 465 ; Sex v. Row, Russ. & Ry. 153 ; Rex 
 V. Tatjlor, 8 C. & P. 733 ; Rex v. Simpson, R. &, Moo. 410; Reg. v. Hemitt, 
 Car. & M. 534 ; Reg. v. Laugher, 2 Car. & K. 225 ; Reg. v. Garmr, 1 Den. 
 C. C. 329 ; 18 Law J. (N. S. ) M. C. 1 ; 2 C. & K. 920 ; Reg. v. Warringham, 
 2 Den. C. C. 447 ; Reg. v. Moore, 2 Den. C. C. 521 ; 21 L. J. (N. S.) M. C. 
 199 ; Reg. v. Luckhurst and Rf.g. v. Sleeman, 23 L. J. |,N. S.) M. C. 18, 19; 
 17 J. P. 776 ; 1 Dears. C. C. 245, 249 ; Reg. v. Toole, 7 Cox, Cr. Cas. 244. 
 
 12 Rex V. Taylor, 8 C. & P. 733 ; Reg. v. Priest, 2 Cox, C. C. 378 ; Reg. 
 V. Day, Id. 209; Arch. Cr. PI. by Welsby, 12th ed., pp. 190, 191 ; see also 
 Reg. V. Collier, 3 Cox, C. C. 57 ; Reg. v. Jacobs, 4 Cox, C. C. 54 ; Reg. v. 
 Petit, Id. 164 ; Reg. v. Garner, 1 Den. C. C. 329 ; Reg. v. Millen, 3 Cox, C. C. 
 434 ; R. V. Holmes, 1 C. & K. 248 ; Reg. v. Laugher, 2 C. & K. 225 ; R. v. 
 Thornton, R. & M. 27. 
 
 13 R. V. Warwickshall, 1 Leach, 263 ; R. v. Mosey, Id. 265, u. ; Arch. Cr. 
 PI. by Welsby, 12th ed., p. 195. 
 
 14 R. V. Clewes, 4 Car. & P. 221 ; R. v. Richards, 5 Car. & P. 318 ; R. v. 
 Howes, 6 Car. & P. 404, S. P. ; R. v. Hearn, Car. & M. 109 ; R. v. Holmes, 
 1 C. & K. 248 ; R. v. Dingle, 1 C. & K. 637. 
 
 15 Reg. V. Baldry, 21 L. J. (N. S.) M. C. 130; 2 Den. C. C. 430; 16 
 J. P. 276, 354 (April, 1852), which seems to overrule R. v. Drew, 8 C. & P. 
 440 ; R. V. Morton, 2 M. & Rob. 514 ; iJ. v. Farley, 2 Cox, C. C. 76, and R. 
 V. Harris, Id. 106. See Arch. Cr. PI. by Welsby, 12th ed., pp. 192, 193, and 
 Powell's Practice of the Law of Evidence, pp. 157 — 165. As to the admis- 
 sibility of statements made by a bankrupt on his examination before a 
 commissioner as evidence in a criminal prosecution, see Reg. v. Sloggett, 25 
 L. J. (N. S.) M. C. 93 ; 1 Dears. C. C. 656 ; Reg. v. Scott, 25 L. J. (N.S.) 
 M. C. 128 ; 1 Dears. & Bell, C. C. 47 ; and Reg. v. Cross and Leyland, 26 
 L. J. (N. S.) M. C. 160; 1 Dears. & Bell, C. C. 68 ; 7 Cox, Cr. Cas. 226. 
 
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CHAP. I.] Sect. 5. I'he Preliminary Examination. 659 
 
 yourself; what you do say will be taken down and used as evi- H & 12 Vict. 
 
 dence against you ;" it was held that that observation did not 1^ 
 
 amount to any promise or threat to induce the piisoner to con- 
 fess, so as to render a co:ifession made after it inadmissible. 
 
 The order of the various steps in the procedure on the pre- Order of pre- 
 liminary inquiry may be here briefly stated to be :— cedure on 
 
 1. Prosecutor's attorney to open case : 
 
 2. Depositions of prosecutor's witnesses taken: 
 
 3. Accused invited, at the close of each witness's examination, to 
 
 put questions to the witness, such cross-examination being 
 distinguished in the deposition from the examination in 
 chief: 
 
 4. When case for prosecution completed, depositions read over to 
 
 and signed by the witnesses 16 : 
 
 5. Attorney of accused to address the bench if case for prosecution 
 
 completed ; or, if not completed and remand intended, to 
 state his objection to a remand : 
 
 6. If evidence insufficient, accused discharged (see s. 25, post, 
 
 p. 661) : 
 
 7. If evidence incomplete, accused remanded or bailed till a 
 
 future day {ante, p. 646) : 
 
 8. If evidence sufficient and case completed, depositions read as 
 
 No. 4, and magistrate's clerk to inform the accused of the 
 precise legal charge against him 17 : 
 
 9. Justice to caution accused as required by s. 18 (p. 661): 
 
 10. Accused's statement to be taken down and read over to him : 
 
 11. Accused's witnesses (if any) heard, and their depositions taken 
 
 (see p. 662) : 
 
 12. If accused calls witnesses, prosecutor's attorney to cross-exa- 
 
 mine them : 
 18. Committal of accused for trial (p. 668), or bailing or con- 
 senting to bail him (see p. 657) ; if two or more charges 
 preferred (see ante, p. 657) : 
 
 14. Binding over parties to prosecute (p. 673) : 
 
 15. Allowing expenses of witnesses (p. 687). 
 
 Form. 
 
 ) The examination of C. D. of Ifarmer], and E. F. of (M) Depo- 
 
 to wit. ) [labourer], taken on [oatK] this day of , in sition of wit- 
 
 the year of our Lord , at in the [county'] aforesaid, before nesses. . 
 
 16 It is not the practice in the City Police Courts for the witnesses to 
 sign their depositions, except the accused is committed or bailed for trial, 
 the minutes of each case being taken in a book by the chief clerk, and so 
 preserved for future reference. 
 
 17 Vide Oke's " Formulist," 2nd ed., pp. 291 — 352, for a description of 
 all indictable offences. 
 
 Digil^z^Sby Microsoft® 
 
660 
 
 Indictable Offences. 
 
 [part II. 
 
 11 & 12 Vict, the undersigned [one] of her Majesty's justices of the peace for the 
 c. 42. said [county'], in the presence and hearing of A. B., who is charged 
 
 ~ this day before [me], *for that he tlie said A. B. on at [^-e. 
 
 describing the offence as in a warrant of'commitment'\ 17 a. 
 
 This deponent C. D., on his [oath'], stiith »s follows [Sfc. stating the 
 deposition of the witness as nearly as possible in the words he uses. 
 When his deposition is complete let him sign ii]. 
 And this deponent E. P., upon his oath, saith aa follows [&c.] 
 The above depositions of C. D. and E. F. were taken and [sworn] 
 
 before me at on the day and year first above mentioned. 
 
 J. S. 
 
 [If the accused is remanded, say ^ere— "Hemanded to the 
 
 day of ."] 
 
 3. Adjourned Examination. 
 On the case being resumed after a remand, and the accused 
 being present, the witnesses are, if required (and if before 
 another justice always) again sworn, and their depositions 
 read over to them ; and if they have any additional evidence 
 to give, it is then taken, the prisoner or his attorney being 
 at liberty to cross-examine as before. The further evidence, 
 if there should be any, is then taken in the same way, and 
 the case completed, as shown ante, p. 655, &c. 
 
 Depositions of 
 the witnesses 
 on the remand 
 day (from 
 Oke's " Formu- 
 list," 2nd ed., 
 p. 276;. 
 
 Form. 
 
 This will be on the like caption as M, ante, p. 659, but instead of re- 
 peating the offence, say from the asterisk* in that form: "with the 
 felony [or misdemeanor] before mentioned." 
 
 The jurat will be as follows : The above depositions of F. G., &c. 
 
 were taken and sworn before me at ' , on the day of , 
 
 1858, the depositions of C. D. and E. F., taken on the day of 
 
 , 1858, being at the same time read over and resworn in the pre- 
 sence and hearing of the before-named prisoner. J. S. 
 
 Where the same justice hears the fiirther evidence on the remand 
 day, there tvould be no necessity for the former depositions to 
 be resworn, and consequently no allusion to it in the jurat. 
 
 If there is no further evidence taken on the remand day, and 
 another remand takes place, say at the foot of the depositions: 
 "Again remanded to the ." 
 
 If on the remand day there is a committal for trial by another 
 justice without any additional evidence, place the following 
 jurat: "The foregoing depositions of C. D. and E. F., &C. 
 
 were read over and resworn before me at , on the 
 
 day of , 1858, in the presence and hearing of the before- 
 named prisoner." J. L. 
 
 17a f'i'ie Oke's " FormuUst," 2nd ed., pp. 291—862, for a description of 
 all indictable offences. 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 5. The Preliminary Examination, 661 
 
 11 & 12 Vict 
 
 4. Defence of Accused, and examining his Witnesses. ^ — ^ 
 
 The evidence for the prosecution being closed, the next course If evidence in- 
 is pointed out by the enactments of the 11 & 12 Vict. c. 42, as 'u^j to'br" 
 follows: — s. 25 enacts, — " that when all the evidence offered upon discharged, 
 the part of the prosecution against the accused party shall have 
 been heard, if the justice or justices of the peace then present 
 shall be of opinion that it is not sufficient to put such accused 
 party upon his trial for such indictable offence, such justice 
 or justices shall forthwith order such accused party, if in 
 custody, to be discharged as to the information then under in- 
 quiry j" but if they hold a contrary opinion, or " if the evidence 
 given raise a strong or probable presumption of the guilt" of the 
 accused party (s. 25), they must decide to commit the accused 
 for trial ; but before carrying this out, the practice is to hear the 
 attorney for the accused, to read the evidence over, and state 
 the charge to the accused, section 18 enacting, — " that after the Depositions to 
 
 examination of all the witnesses on the part of the prosecution *"* ^^,' '*"f 
 
 J. .•, , ,1 I ■ • <■ accused to be 
 
 as aforesaid shall have been completed, the justices of the peace, cautioned. 
 
 or one of the justices, by or before whom such examination 
 shall have been so completed as aforesaid, shall, without re- 
 quiring the attendance of the witnesses, read or cause to be 
 read to the accused the depositions taken against him, and 
 shall say to him these words, or words to the like effect : — 
 ' Saving heard the evidence, do you wish to say anything in 
 answer to the charge ? you are not obliged to say anything unless 
 you desire to do so, but whatever you say will be taken down 
 in writing, and may be given in evidence against you upon 
 your trial ;' — and whatever the prisoner shall then say in Statement to 
 answer thereto shall be taken down in writing ( (N), ;90«<, p. jence on trial" 
 664) and read over to him, — and shall be signed by the said 
 justice or justices, — and kept with the depositions of the 
 witnesses, — and shall be transmitted with them as hereinafter 
 mentioned ; — and afterwards upon the trial of the said accused 
 person the same may, if necessary, be given in evidence against 
 him, without further proof thereof, unless it shall be proved 
 that the justice or justices purporting. to sign the same did not 
 in fact sign the -same: — provided always, that the said justice First proviso 
 or justices, before such accused person shall make any state- and further 
 
 J ' r .1 caution, 
 
 ment, shall state to him, and give him clearly to understand, 
 
 that he has nothing to hope from any promise of favour, and 
 
 nothing to fear from any threat which may liave been holden 
 
 Digitized by Microsoft® 
 
pnsoner. 
 
 662 Indictable Offences. [part ii. 
 
 11 & 12 Vict, out to him to induce him to make any admission or confession 
 
 '- — ! of his guilt, hut that whatever he shall then say may he given 
 
 in evidence against him- upon his trial, notwithstanding suck 
 Second pro- promise or threat : —provided, nevertheless, that nothing herein 
 enacted or contained shall prevent the prosecutor in any case 
 from giving in evidence any admission or confession or other 
 statement of the person accused or charged, made at any time, 
 which by law would be admissible as evidence against such 
 person 18. 
 Attorney for It is not unusual, and is permitted in the metropolis, for the 
 
 dressUiff^the attorney for the accused, at the close of the case for the prose- 
 Bench, cution, and before he is cautioned, to address the bench on his 
 behalf, pointing out the circumstances which in his judgment 
 should lead them to dismiss the charge. 
 Receiving evi- The justices are not bound to receive evidence offered for a 
 dence for a prisoner, but if he be charged with having stolen property, and 
 gives a reasonable account of how he came by it, and refers to 
 some person as the person from whom he received it, the ma- 
 gistrate should send for and examine that person with a view 
 to exonerate or to contradict the accused 19 ; but not where the 
 accused gives two different accounts, although it may be pru- 
 dent to have them at the trial 20 ; nor where circumstances exist 
 in the case which render that account unreasonable, or its truth 
 
 18 See ante, p. 658, and Notes 10 and 14. See as to the admissibihty 
 of the statement, Reg. v. Sansome, 19 L. J. (N. S.) M. C. 143; 14 Jur. 
 466; 1 Den. C. C. 545 ; Beg. v. Bond, 19 L. J. (N. S.) M. C. 138; I Den. 
 C. C. 517). The particular enactment contained in the first proviso to s. 18, 
 supra, is directory only (cases. Id.) ; and if the statement appears upon the 
 face of it to have been duly taken, and appears to have been transmitted 
 with the depositions, it is receivable in evidence without further proof {,Reg. 
 V. Harris, 4 Cox's C. C. 147, per Erie, J.). Mr. Justice Coleridge, at the 
 Cornwall Assizes, July, 1850, in his charge to the grand jury, said, in 
 speaking of the prisoner's statement, — " Now it would simplify the matter 
 very much if, as well as printing the first part given in the schedule of the 
 act, you were also to print the latter part, so as to prevent any difiiculties 
 when the case comes to trial." The words recommended might be added 
 as follows : ** And you are also clearly to understand that you have nothing to 
 hope from any promise of favour, and nothing to fear from any threat which may 
 have been holden out to you to induce you to make any admission or confession qf 
 your guilt ; but whatever you shall now say may be given in evidence against you 
 upon your trial, notwithstanding such promise or threat.' ' 
 
 19 Per Alderson, B., in Reg. v. Crowhurst, 1 Car. & K. 370 ; Reg. V. 
 Hughes, 1 Cox, C. C. 176; Reg. v. Smitli, 2 Car. & K. 207, per Denman, 
 C.J. 
 
 20 Reg. V. Debley, 2 Car. & K. 818. In Reg. v. Wilson (26 L. J. (N. S.) 
 M. C. 45 ; 1 Dears. & Bell, C. C. 157 ; 7 Cox, Cr. Cas. 311 ) itwas held that 
 it is not necessarily incumbent on the prosecution to call the persons to 
 whom the prisoner has referred to disprove his statement. 
 
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CHAP. I.] Sect. 5. The Preliminary Examination. 663 
 
 improbable 21. Where a prisoner charged with felony has 11 & 12 Vict, 
 witnesses in attendance at the time of the examination before !^1J1 
 
 the magistrate, Lord Denman, C. J., recommended that they Receiving evi- 
 should be then examined if the prisoner wished it ; and if their jj^one"' * 
 evidence is believed, and answers the charge, no further pro- 
 ceedings need be taken ; but if these witnesses contradict those 
 for the prosecution in material points, the case should be sent 
 to a jury, and the depositions of the prisoner's witnesses should 
 be taken and signed by them and transmitted to the judge, 
 together with the depositions in support of the charge 22. 
 Upon this subject the magistrates of Leeds submitted a case upon 
 s<veral points — whether it was incumbent on justices to hear 
 any witnesses for a prisoner, to bind them over to give evi- 
 dence, &c. 23— to the attorney-general (now Sir A. E. Cock- 
 burn, C. J.), and Messrs. Crompton (now Mr. Justice Cromp- 
 ton), Elhs and Hall, whose opinion was as follows; — 
 
 1. That the language of sect. 17 admits of the construction, and 
 
 the interests of justice require, that magistrates should liear 
 and examine such of the witnesses offered by a prisoner as 
 appear (in the language of the statute) "to know the facts 
 and circumstances of the case." 
 
 2. The time for calling on the prisoner to make bis statement is 
 
 when the examination of the witnesses for the prosecution is 
 completed, and this will in general he the most natural and 
 convenient time for taking the examinations of the prisoner's 
 witnesses, which ought to be taken vivd voce and reduced to 
 writing, and signed and certified in the same way as exami- 
 nations taken on the part of the prosecution. 
 
 3. The examinations of the prisoner's witnesses should be trans- 
 
 mitted to the sessions or assizes with the examinations of 
 witnesses for the prosecution. 
 
 4. It is not the duty of the magistrates to hind over the prisoner's 
 
 witnesses, with the exception of any who, though adduced 
 for the prisoner, appear to be material for the prosecution. 
 
 5. It is incumbent on the prosecutor to have in readiness at the 
 
 trial all who have been bound over as witnesses for the pro- 
 secution. 
 
 6. The costs of the prisoner's witnesses (i. e. those of them not 
 
 bound over for the prosecution), cannot be included in the 
 examining magistrates' certificate of expenses. 
 
 7. The inclination of their opinion was, that the admissibility of 
 
 21 Reg. v. Harmer, 3 Cox, C. C. 487. 
 
 22 2 Car. & Kir. 845, Taunton Lent Assizes, 1849 i 1 Magis. 34, 123. 
 
 •- 23 Vide the full statement of the case, 15 J. E. 463 ; 3 Magistrate, 118. 
 
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664 
 
 Indictable Offences, 
 
 [PABT II. 
 
 11 & 12 Vict 
 C.42. 
 
 (N) Statement 
 of the accused. 
 
 (From Oke's 
 " FormuUst," 
 2nd ed., 
 p. 277.) 
 
 the depositions of witnesses, deceased or disabled by illness 
 from attending at the trial, is confined to the depositions of 
 witnesses examined against the prisoner. 
 
 Form. 
 
 A. B. stands charged before the undersigned, [one] of her Majesty's 
 
 justices of the peace in and for the \county'\ aforesaid, this day 
 
 of , in the year of oui Lord , for that he the said A. B. on 
 
 at \j^c. as in the caption of the depositions'] ; and the said 
 
 charge being read to the said A. B., and the witnesses for the prose- 
 cution, C. D. and E. F., being severally examined in his presence, the 
 said A. B. is now addi-essed by me as follows : " Having heard the 
 evidence, do you wish to siiy anything in answer to the charge? you 
 are not obliged to say anything unless yon desire to do so ; but what- 
 ever you say will be taken down in writing, and may be given in evi- 
 dence against you upon your trial ;"* whereupon the said A. B. saith 
 as follows : 
 
 [Here state whatever the prisoner may say, and in his very words, 
 as nearly as possible. Get him to sign it if he will.] 
 
 A. B. 
 
 Taken before me at , the day and year first above mentioned. 
 
 J . s. 
 
 N.B. The purport of the proviso in s. 18 of 11 & 12 Vict. c. 42, 
 should also be stated to the accused in the form in Note 18, ante, 
 p. 662. 
 
 If the accused, after making a statement, calls witnesses to ac- 
 count for his possession of the stolen property, or the like, 
 write as follows at the foot of the statement : " The above- 
 named piisoner, A. B., after making the above statement in 
 answer to the charge, offers the following witnesses to be exa- 
 mined on his -behalf, namely, G. H., of the parish of , in 
 
 the said county of , labourer, and I. K., of the same parish, 
 
 farmer, &c. 
 
 The said G. H., on his [oath], saith as follows :" [stating the words he 
 uses in the usual manner.] 
 
 The jurat will be the same as at the foot of form (M), ante, p. 659. 
 
 Where accused 
 is arrested un- 
 der a backed 
 warrant. 
 
 5. ExamiTiation for an Offence in another Jurisdiction, 
 By s. 11 of 11 & 12 Vict. c. 42, after providing for the 
 backing of a warrant for the apprehension of an accused party 
 in any part of England or Wales, and for the execution of such 
 warrant, and bringing the accused before the justice who first 
 issued the warrant, and where the oifence was committed, or 
 before some justice of the same county, provides, — " that if the 
 prosecutor, or any of the witnesses upon the part of the prose- 
 cution, shall then be in the county or place where such person 
 shall have been so apprehended, the constable or other person 
 or persons who shall have so apprehended such person may, if 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 5. The Preliminary Examination. 665 
 
 so directed by the justice lacking such warrant 24, take and 11 & 12 Vict. 
 
 convey him before the justice who shall have so backed the said 1 — '. . 
 
 warrant, or before some other justice or justices of the same 
 
 county or place ;— and the said justices may thereupon take the Examinations 
 „ ■, ■ J J • may be taken 
 
 examinations of such prosecutor or witnesses, and proceea in y^j^^^ ^^^ j^^. 
 every respect in manner hereinafter directed with respect to tice backing it. 
 persons charged- before a justice or justices of the peace with an ^^'=*- ^^' ""'''^ 
 offence alleged to have been committed in another county or 
 place than that in which such persons have been appre- 
 hended." 
 
 Sect. 22, after reciting, that " it often happens that a person Examination, 
 is charged before a justice of the peace with an oflFence alleged gf^'^^^g ^^g 
 to have been committed in another county or place than that committed in 
 in which such person has been apprehended, or in which such ^"° '^'^'=<""'™' 
 justice has jurisdiction, and it is necessary to make provision 
 as to the manner of taking the examination of the witnesses, 
 and of committing the party accused, or admitting him to bail, 
 in such a case," enacts, — " that whenever a person shall appear Accused may 
 
 or shall be brought before a iustice or iustices of the peace in ^^, examined 
 .,.,... ,., . , , , where appre- 
 
 the county, ridmg, division, liberty, city, borough or place hended. 
 
 wherein such justice or justices shall have jurisdiction, charged 
 with an offence alleged to have been committed by him in any 
 countj' or place within England or Wales wherein such justice 
 or justices shall not have jurisdiction, it shall be lawful for such 
 justice or justices and he and they are hereby required to ex- 
 amine such witnesses, and receive such evidence in proof of 
 such charge as shall be produced before him or them, within 
 his or their jurisdiction ; — 
 
 " And if in his or their opinion such testimony and evidence If evidence 
 
 shall be sufficient proof of the charge made against such accused ^"."""e"'' «^.<""- 
 1 • .• ■ • 1 11 1 . ,. , mittal to prison 
 
 party, such justice or justices shall thereupon commit him to the where offence 
 
 common gaol or house of correction for the county, &c. where <=on"nitte'l. 
 the offence is alleged to have been committed, or shall admit him 
 to bail, as hereinafter mentioned 25,— and shall bind over the 
 prosecutor (if he have appeared before him or them), and the 
 witnesses- by recognizance accordingly, as is hereinbefore men- 
 tioned 26 ; — 
 " But if such testimony and evidence shall not in the opinion 
 
 24 The direction here alluded to is contained in the Form (K), ante, 
 p. 116, from the asterisk*. 
 
 25 Sect. 23, post, p. 679, as to bailing accused, &c. 
 
 26 Sect 20, post, p. 673, as to binding over proEecutor^ &c. 
 
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666 
 
 Indictable Offences. 
 
 [part II. 
 
 11 & 12 Vict. 
 0.42. 
 
 If insufficient, 
 accused to be 
 taken into 
 county, &c. 
 where offence 
 committed. 
 
 Costs of con- 
 veying the ac- 
 cused into tlie 
 proper county, 
 &c. to be borne 
 by tlie last- 
 mentioned 
 county, &c. 
 
 of such justice or justices be sufficient to put the accused party 
 upon his trial for the offence with which he is so charged, then 
 such justice or justices shall 27 bind over such witnesses as he 
 shall have examined, by recognizance, to give evidence, as here- 
 inbefore is mentioned 28, — and such justice or justices shall, by 
 warrant ( (R. 1), post, p. 667) under his or their hand and seal 
 or hands and seals, order such accused party to be taken before 
 some justice or justices of the peace in and for the county, &c. 
 where and near unto the place where the offence is alleged to have 
 been committed, — and shall at the same time deliver the infor- 
 mation and complaint, and also the depositions and recogni- 
 zances so taken by him or them, to the constable who shall 
 have the execution of such last-mentioned warrant, to be by him 
 delivered to the justice or justices before whom he shall take 
 the accused in obedience to the said warrant, — and which said 
 depositions and recognizances shall be deemed to be taken in 
 the case, and shall be treated to all intents and purposes as if 
 they had been taken by or before the said last-mentioned justice 
 or justices, — and shall, together with such depositions and re- 
 cognizances as such last-mentioned justice or justices shall take 
 in the matter of such charge against the said accused party, be 
 transmitted to the clerk of the court where the said accused 
 party is to be tried, in the manner and at the time hereinbefore 
 mentioned 29, if such accused party shall be committed for 
 trial upon the said charge, or shall be admitted to bail : — 
 
 " And in case such accused party shall be taken before the 
 justice or justices last aforesaid by virtue of the said last-men- 
 tioned warrant, the constable or other person or persons to 
 whom the said warrant shall have been directed, and who shall 
 have conveyed such accused party before such last-mentioned 
 justice or justices, shall be entitled to be paid his costs and 
 expenses of conveying the said accused party before the said 
 justice or justices, — and upon the said constable or other 
 person producing the said accused party before such justice or 
 justices, and delivering him into the custody of such person as 
 
 27 The discretion with the justice in this case is either to commit for 
 trial or to send the accused into the county where offence committed. 
 Under this section he is not to discharge him, although he has the whole of 
 the evidence before him, and that is clearly insufficient to warrant a com- 
 mittal ; but he may safely do so under such circumstances. 
 
 28 Sect. 21, ante, p. 646, to give evidence on the further examination of 
 the charge is here intended ; but there is no power in the statute so to bind 
 witnesses. 
 
 29 Sect 20, post, p. 671. 
 
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CHAP. I.] Sect. 5. The Prelinmiary Examination. 667 
 
 the said justice or justices shall direct or name in that behalf, 11& ^42^"^'" 
 
 and upon the said constable delivering to the said justice or — '- 
 
 justices the warrant, information (if any), depositions and re- 
 cognizances aforesaid, and proving by oath the handwriting 
 of the justice or justices who shall have subscribed the same, 
 such justice or justices to whom the said accused party is so 
 produced shall thereupon forthwith ascertain the sum which 
 ought to be paid to such constable or other person for conveying 
 such accused party and taking him before such justice or justices, 
 as also his reasonable costs and expenses of returning, and 
 thereupon such justice or justices shall make an order ( [R. 2), 
 post, p. 668) upon the treasurer of the county, riding, division 
 or liberty, city, borough or place,— or if such city, borough or 
 place shall be contributory to the county rate of any county, 
 riding, division or liberty, then upon the treasurer of such 
 county, riding, division or liberty respectively to which it is 
 contributory, — for payment to such constable or other person 
 of the sum so ascertained to be payable to him in that behalf, 
 — and the said treasurer, upon such order being produced to 
 him, shall pay the amount to the said constable or other 
 person producing the same, or to any person who shall present 
 the same to him for payment : — 
 
 " Provided always, that if such last-mentioned justice or Proviso, 
 justices shall not think the evidence against such accused party 
 sufficient to put him upon his trial, and shall discharge him 
 without holding him to bail, every such recognizance so taken 
 by the said first-mentioned justice or justices as aforesaid shall 
 be null and void." 
 
 Forms. 
 
 To W. T., constable of , and to all other peace officers in the (R. 1) Warrant 
 
 said [count!/] of . to convey the 
 
 Whereas A. B., of , [labourer], hath this day been charged accused where 
 
 before the undersigned, [one] of her Majesty's justices of the peace in 'he offence was 
 
 and for the said [counit/] of , for that [Sfc. as in the warrant to committed 
 
 apprehend] : And whereas [I] have taken the depositions of C. D., a (^' ^^^" 
 witness examined by [me] in this behalf; but inasmuch as [I] am in- 
 formed that the principal witnesses to prove the said oftence against 
 the said A. B. reside in the [county] of C, where the said offence is 
 alleged to have been committed : These are therefore to command you 
 the said constable, in her Majesty's name, forthwith to take and convey 
 the said A. B. to the said [county] of C., and there carry him before 
 some justice or justices of the peace in and for that [county], and near 
 unto the [parish of X>.], where the offence is alleged to have been 
 committed, to answer further to the said charge before him or them, 
 
 Digitized by Microsoft® 
 
668 
 
 Indictable Offences. 
 
 [part II. 
 
 11 & 12 Vict and to be further dealt with according to law ; and [I] hereby fliither 
 
 c. 42. command you the said constable to deliver to the said justice or justices 
 
 " the information in this behalf, and also the said deposition of C. D. 
 
 now given into your possession for that purpose, together with this 
 
 precept. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the {countiA aforesaid. 
 
 ^^ J.S. (L.S.) 
 
 (R. 2) Order To H. W., esquire, treasurer of the said [counfyloi C. 
 
 for payment of Whereas W. T., constable of , in the\c(mnty] of A., hath by 
 
 the constable's virtue of and in obedience to a certain warrant of J. s., esquire \one\ 
 
 expenses. of her Majesty's justices of the peace in and for the said \county'] oi k., 
 
 taken and conveyed one A. B., charged before the said J. S. with 
 
 havijig \SfC. stating shortly the offence], from , in the said county 
 
 of A. to in tiie said Icouniy] of C, a distance of miles, and 
 
 produced the said A. B. before me, J. P., one of her Majesty's justices 
 of the peace in and for the said [county] of C, and delivered him into 
 
 the custody of by [my] direction, to answer the said charge, and 
 
 further to be dealt with according to law : And whereas the said W. T. 
 hath also delivered to [me] the said warrant, together with the infor- 
 mation in that behalf, and also the deposition of C. D. in the said 
 warrant mentioned, and hath proved to [me] upon oath the hand- 
 writing of the said J. S. subscribed to the same : And whereas [I] 
 have ascertained that the sum which ought to be paid to the said 
 W. T. for conveying the said A. B. from the said [counti/] of A. to the 
 
 said [county'] of C, and taking him before [me], is the sum of , 
 
 and that the reasonable expenses of the said W. T. in returning will 
 
 amount to the further sum of , making together the sum of : 
 
 These are therefore to order you, as such treasurer of the said [county] 
 
 of C, to pay unto the said W. T. the said sum of , according to 
 
 the form of the statute in snch case made and provided, for which pay- 
 ment this order shall be your sufficient voucher and authority. 
 
 Given under my hand, this day of , 18^ — . 
 
 J. P. 
 
 Commitment 
 of accused on 
 an indictment 
 found. 
 
 If evidence in- 
 sufficient, ac- 
 cused to be 
 discharged ; 
 
 6. Committal or Discharge of Accused. 
 
 In cases where an indictment is already found against an 
 accused, the course to be pursued is pointed ont by the section 
 3 (ante, p. 626), whether he is already in custody or at large. 
 If at large a warrant is to be granted for his apprehension, and 
 he is, on proof only of identity, to be committed for trial ; if he 
 is in custody, a warrant of detainer is lodged at the gaol. 
 
 In ordinary cases, after the statement of the accused and the 
 evidence (if any) tendered on his behalf is heard, the accused is 
 discharged or committed for trial. Sect. 25 (before noticed, 
 ante, p. 661) provides, — that if the justice or justices shall be 
 of opinion that the evidence " is not sufficient to put such ac- 
 cused party upon his trial for such indictable offence, such 
 justice or justices shall forthwith order such accused party, ifc 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 5. The Preliminary Examination. 66! 
 
 in custody, to be discharged as to tlie information then under 11 & 12 Vict. 
 
 inquiry : — but if in the opinion of such justice or justices, such '- — '- 
 
 evidence is sufficient to put the accused party upon his trial for butifsufficieni 
 an indictable offence, or if the evidence given raise a strong committed for 
 or prolaile presumption of the guilt 30 of such accused party, trial, 
 then such justice or justices shall, by his or their warrant ( (T. 1), 
 p. 670), commit him to the common gaol or house of correction 
 for the county, riding, division, liberty, city, borough or place 
 to which by law he may now be committed 31, — or, in the 
 case of indictable oflFence committed on the high seas or on 
 land beyond the sea 32, to the common gaol of the county, 
 
 30 In Cox V. Coleridge (IB. & C. 50), Mr. Justice Bayley observes, — 
 " I think that a magistrate is clearly bound, in the ei^ercise of a sound dis- 
 cretion, not to commit any one unless a primii facie case is made out against 
 him by witnesses entitled to a reasonable degree of credit." Justices, in 
 the performance of this portion of their duties, will not balance the evidence 
 and decide according as it preponderates, for this would, in fact, be taking 
 upon themselves the functions of the petty juvy, and be trying the case ; 
 but they will ask themselves whether or not the evidence, as it stands, 
 makes out a strong, or probable, or even a conjlicting case of guilt : in any 
 one of which cases they will do right in committing the party to trial. If, 
 however, from the slender nature of the evidence, the unworthiness of the 
 witnesses, or the conclusive proof of innocence produced on the part of the 
 prisoner, they feel that the case is not sustained, and that if they committed 
 for trial a verdict of acquittal must be the necessary consequence, they will 
 at once discharge the accused, and so put an end to the inquiry as far as 
 they are themselves concerned (Saunder's Pr. Mag. Courts, p. 161). 
 
 31 The committal may be to the common gaol of the county, &c. ,• or it 
 may be to any house of correction near to the place where the assizes or 
 sessions are to be holden at which the accused is intended to be tried (5 & 6 
 Will. 4-, c. 38, s. 3). By 14 & 1.5 Vict. c. 20, justices in quarter sessions for 
 a county, riding or division may declare that any gaol or house of correction 
 for such county, &c. is a fit prison for persons committed for trial at the 
 assizes. As to committals from a county of a town for the assizes, see 
 14 & 15 Vict. c. 55, ss. 19, 21. As to committals from towns, &c., not 
 being counties, the BO Geo. 3 & 1 Geo. 4, c. ID, s. 1, authorizes the justices 
 to commit for capital felonies to the -gaol of the county, to be tried at the 
 next assizes ; and as to the committal for felonies in boroughs or franchises 
 having or not having a power to determine felonies, see 4 & 5 Will. 4, t. 27, 
 ss. 1, 2, 3, and 13 & 14 Vict u. 91, s. 1. 
 
 As to where the committal must be, whether to the assizes or sessions, 
 see the provisions of the 5 & 6 Vict. t. 38, set out, post, pp. 675, 676, which 
 is now applicable to places within the jurisdiction of the Central Criminal 
 Court. See 14 & 15 Vict. c. 55, s. 13, repealing 4 & 5 Will. 4, c. 36, s. 17. 
 
 As to the special venue in certain offences, and where they can be tried, 
 see paragraphs Nos. 19 to 25, ante, pp. 15—17. The special cases men- 
 tioned in paragraph No. 25, pp. 16, 17, will be noticed under the respective 
 titles in Chap. II. of this Part, pos^ The act 19 & 20 Vict. c. IB, relates 
 to the removal of prisoners from a distant county for trial at the Central 
 Criminal Court, and was passed to meet the Rugeley Poisonine Case iRe£ 
 y. Palmer). & K B 
 
 32 As to the jurisdiction of the Admiralty, see ante, p. 621. As to what 
 •offences committedon land beyond the seas are triable in England, see ante, 
 p. 623, 
 
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670 
 
 Indictable Offences. 
 
 [part II. 
 
 11 & 12 Vict, 
 c. 42. 
 
 Detainer of 
 accused on 
 second charge. 
 
 riding, division, city, liberty, borough or place within which 
 such justice or justices shall have jurisdiction,— to be there 
 safely kept until he shall be thence delivered by due course of 
 law, — or admit him to bail as hereinbefore mentioned" 33. 
 
 If the accused is intended to be committed on two or more 
 charges of felony or misdemeanor, which cannot be included in 
 one indictment, a commitment should be made in one charge 
 and a detainer in the other or each of the others. See ante, p. 
 657, and Form of Detainer, infra. 
 
 Forms. 
 
 (T 1; Commit- To the constable of , and to the keeper of the [Jiouse ofcor- 
 
 ment for trial. rectiun] at , in the said [county^ of . 
 
 Whereas A. B. was this day charged before me J. S., one of her 
 
 Majesty's justices of the peace in and for the said \_coitnty] of , on 
 
 tlie oath of C. D. of , [_farmer], and others, for that, [SfC. stating 
 
 shortly the offence 34] '• These are therefore to command you, the said 
 
 constable of , to take the said A. B., and him safely to convey to 
 
 the [house of correction] at aforesaid, and there to deliver him to 
 
 the keeper thereof, together with this precept ; and I do hereby com- 
 mand you, the said keeper of the said [house of correction^, to receive 
 the said A. B. into your custody in the said [house of correction], and 
 there safely keep him* until he shall be thence delivered by due course 
 of law. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our Lord , at , in the [ county'] aforesaid. 
 
 J. S. (L.S.) 
 * [ J< will he observed that this commitment does not state whether 
 the accused is to be tried at the assizes or sessions, or where. 
 Although not necessary, it might be advisable, for the guid- 
 ance of the keeper of the gaol, to insert at this place: — "The 
 next court of oyer and terminer, or general gaol delivery [or 
 court of general quarter sessions of the peace], to be holden 
 in and for the said [county'] of , or"], 
 
 Detainer of a 
 prisoner on a 
 second charge 
 of felony or 
 misdemeanor 
 (from Oke's 
 " Formulist," 
 2nd ed., 
 p. 278). 
 
 To the keeper of the [house of correction] at , in the said 
 
 [county] of . 
 
 J Detain in your custody the body of A. B., he being further 
 
 to wit. S charged before me, J. S., one of her Majesty's justices of the 
 
 peace in and for the said [county] of , on the oath of C. D. 
 
 of [farmer], and others, for that, [S^c. stating the offence as in 
 
 a commitment'], until he shall be thence delivered by due course of 
 law ; and for your so doing this shall be your sufficient warrant. 
 Given, &c. [as last form]. 
 
 33 By virtue of sect. 23, post, p. 679, •' As to bailing Accused." 
 
 34 yide Oke's " Formulist," 2nd ed., pp. 291 — 352, for a short description 
 of all indictable offences. In the third column of Chap. II. of this work, 
 post, the page of that work where the form is to be found is given under 
 each title for each ofience. 
 
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CHAP. I.] Sect. 5. The Preliminary Examination. 671 
 
 7. Ordering Prosecution in certain Cases. 
 
 11 & 12 Vict, 
 c. 42. 
 
 Justices have no general power to order a prosecution to be For assaults, 
 instituted or carried on ; but with respect to ofFences by ^^'.'J"^ P°" 
 masters on poor persons or apprentices, or assaults on persons apprentices, or 
 under sixteen, the statute 14 & 15 Vict. c. 11, s. 6, enacts,— persons under 
 " that where any complaint shall be made of an offence against 
 this act 35, —or of any bodily injury inflicted upon any poor 
 person under the age of sixteen years, for which the party com- 
 mitting it is liable to be indicted, and the circumstances of which 
 offence amount in point of law to a felony or an attempt to 
 commit a felony, — or an assault with intent to commit a felony, 
 and two justices of the peace before whom the examination is 
 taken shall certify under their hands 36 that they deem it 
 necessary for the purposes of public justice that the prosecution 
 should be conducted by the guardians of the union or of the 
 parish, or where there are no guardians by the overseers of the 
 parish in which the offence shall have been committed, such 
 guardians or overseers, as the case may be, shall upon personal 
 service of such certificate, or a duplicate thereof, upon the clerk 
 of such guardians, or upon any one of such overseers, conduct 
 the prosecution, and shall pay the costs reasonably and pro- 
 perly incurred by them therein (so far as the same shall not be 
 allowed to them under any order of the court trying the indict- 
 ment, or of the Court of Queen's Bench), out of the common 
 fund of the union, or out of the funds in the hands of the 
 guardians or overseers (as the case may be) of such parish." 
 By s. 7, — " in the case of a union or parish under a board of 
 guardians the clerk or some other officer of such union or parish, 
 —and in the case of a parish not under a board of guardians 
 one of the overseers thereof,— may, if such two justices of the 
 peace before whom the examination is taken shall deem it 
 necessary for the purposes of public justice, and shall certify as 
 hereinbefore mentioned, be bound over to prosecute." 
 
 See also ante, p. 68, as to prosecutions for perjury. For perjury 
 
 before justices. 
 
 8. Returning Depositions, furnishing Copies and Restoration 
 of Prisoner's Property. 
 By s. 20 it is provided (^inter alia), — that " the several recog- Depositions, 
 nizances so taken [of the prosecutor and witnesses], together *'^- '" ^^ 'p- 
 
 35 See title "Servants," post, Chap. II. 
 
 36 y>de form of Certificate, Oke's " Formulist," 2n(i ed., p. 348, No. 349. 
 
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672 
 
 Indictable Offences. 
 
 [part ii. 
 
 11 & 12 Vict, 
 u. 42. 
 
 court in which 
 the trial is to be 
 had. 
 
 Accused en- 
 titled to copies 
 of the depo- 
 sitions. 
 
 Restoration of 
 prisoner's pro- 
 perty. 
 
 with the written information (if any), the depositions, the 
 statement of the accused, and the recognizance of bail (if any) 
 in every such case, shall be delivered by the said justice or 
 justices, or he or they shall cause the same to be delivered, to 
 the proper officer of the court in which the trial is to be had 
 before or at the opening of the said court on the first day of 
 the sitting thereof, or at such other time as the judge, recorder 
 or justice, who is to preside in such court at the said trial, shall 
 order and appoint" 37. 
 
 By s. 27, — " at any time after all the exuminations aforesaid 
 shall have been completed, and before the first day of the 
 assizes or sessions or other first sitting of the court at which 
 any person so committed or admitted to bail as aforesaid is to 
 be tried, such person may require, and shall be entitled to have, 
 of and from the officer or person having the custody of the 
 same, copies of the depositions on which he shall have been 
 committed or bailed, on payment of a reasonable sum for the 
 same, not exceeding at the rate of three halfpence for each folio 
 of ninety words" 38. By sect. 23 of the 6 & 7 Will. 4, c. 114, 
 (not repealed in this respect\ the judge at the assizes, or the 
 person presiding at the court where the prisoner is lo be tried, 
 may allow him to have copies of the depositions where he has 
 not applied for them before the first day of the assizes or 
 sessions, and the trial may be put off on that account. 
 
 Justices have in certain cases the same powers as those pos- 
 sessed by the judge at the trial to order the restoration of pro- 
 perty belonging to the prisoner taken possession of by the 
 constable on his apprehension. In such cases the justices 
 will consider whether or not there is any connection between 
 the subject-matter of the charge and the property sought to be 
 
 37 For the assizes the depositions, Src. are sent to the clerk of assize; 
 for the sessions, to the clerk of the peace of the county or hofough, at such 
 time before the time of trial as the respective sessions direct by advertise- 
 ment or otherwise. 
 
 38 It will appear by this section that the prisoner is not entitled to 
 copies of the depositions until the case is completed for trial, and this was 
 the law previous to this statute {Ex parte Fletcher, 13 L. J. (N. S.) M. C. 
 67; Reg. i. Lord- Mayor of London, 5 Q. B. 555); nor is the defendant 
 entitled to them when the charge against him is dismissed {Ex parte Hum- 
 phreys, 19 L. J. (N. S.) M. C. 189 j 4 New Sess. Cas. 79 ; 15 Law T. 142 j 
 14 J. P. 286, 340). The section does not extend to the furnishing of copies 
 of the prisoner's statement, but in practice it is given to him with the depo- 
 sitions : nor does it apply to the furnishing copies of such proceedings to the 
 prosecutor, but in practice they are furnished at a rate of charge varying 
 from sixpence to eightpence per folio of seventy-two words, should the table 
 of fees in force in the district not specify the rate of charge. 
 
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CHAP. I.J Sect. 5. The Preliminary Examination 673 
 
 returned, or whether or not the property is the subject of crimes 11 S: 12 Vict. 
 
 •which may form the subject of inquiry. If it appear not to be, ' ! 
 
 they will act wisely in ordering it to be restored, provided it be 
 in itself of a harmless nature 39. 
 
 9. As to Binding over Prosecutor, ^c, see infra. 
 
 10. As to Bailing Accused, see post, p. 679. 
 
 Sect. VI. Of Binding over Prosecutor and 
 Witnesses, &c. 
 Sect, 20 of 11 & 12 Vict. c. 42, enacts, — " that it shall be lawful Justices to 
 for the justice or justices before whom any such witness shall prosecutor and 
 be examined as aforesaid, to bind by recognizance ( (0. 1), post, witnesses by 
 p. b76), the prosecutor 1 and every such witness to appear at recognizance, 
 the next court of oyer and terminer or gaol delivery, or superior 
 court of a county palatine, or court of general or quarter 
 sessions of the peace, at which the accused is to be tried 2, 
 then and there to prosecute,— or to prosecute and give evidence, 
 — or to give evidence, as the case may be,— against the party 
 accused, — which said recognizance shall particularly specify the 
 profession, art, mystery or trade of every such person entering 
 
 39 Vide Mr. Saunder's Practice of Magistrates' Courts, pp, 188, 189. 
 Upon tiiis subject Mr. Justice Patteson, in Reg. v. U'Domell, 7 Car. & P. 
 138, malces these very proper remarlis : " The prisoner complains that his 
 money was taken from him. and that he was thereby deprived of the means 
 of maliing his defence. Generally speaking, it is not right that a man's 
 money should be taken away from him, unless it is connected in some way 
 with the property stolen. If it is connected with the robbery, it is quite 
 proper that it should be taken ; but unless it is, it is not a fair thing to take 
 away his money, which he might use for his defence. 1 believe constables 
 are too much in the habit of taking away every thing they find upon a pri- 
 soner, which is certainly not right; and this is a rule whicii ought to be 
 observed by all policemen and other peace officers." Fide the proviso to 
 s, 26, post, p. 686, enabling justices to order any money found upon the 
 prisoner to be applied to or towards the payment of the expenses of con- 
 veying him to prison. 
 
 1 In case the owner of goods, &c. should be unwilling to prosecute, the 
 justices may bind over the constable or other person to do so (16 J. P. 143), 
 and bind over the owner to give evidence, and commit the latter for refusing 
 to enter into the recognizance ; but a prosecutor only, who does not give 
 evidence, cannot be committed under this section, nor indeed under any 
 other. The manner of stating the recognizance to the persons bound will 
 be found in Note 1, ante, p. 646, 
 
 2 What cases are triable at the assizes and what at the quarter sessions 
 are shown in the fourth column of Chap, II, containing the tabular view of 
 the offences. For the jurisdiction of the quarter sessions, see post, p. 67 j< 
 
 O. S. XX 
 
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674 
 
 Indictable Offences. 
 
 [part II. 
 
 11 & 12 Vict. 
 
 u. 42. 
 
 Depositions, 
 recognizances, 
 &c. to be trans- 
 mitted to the 
 court in which 
 trial is to be 
 had. 
 
 Witnesses re- 
 fusing to enter 
 info recog- 
 nizances may 
 be committed. 
 
 If accused dis- 
 charged, wit- 
 ness also to be 
 discharged. 
 
 into or acknowledging the same, together with his christian 
 and surname, and the parish, township or place of his re- 
 sidence, and if his residence be in a city, town, or borough, the 
 recognizance shall also particularly specify the name of the 
 street, and the number (if any) of the house in which he resides, 
 and whether he is owner or tenant thereof or a lodger therein ; 
 — and the said recognizance, being duly acknowledged by the 
 person so entering into the same, shall be subscribed by the 
 justice or justices before whom the same shall be acknowledged, 
 and a notice ( (O. 2), p. 677) thereof, signed by the said justice 
 or justices, shall at the same time be given to the person bound 
 thereby ; — 
 
 " And the several recognizances so taken, together with the 
 written information (if any), the depositions, the statement of 
 the accused, and the recognizance of bail (if any), in every such 
 case, shall be delivered by the said justice or justices, or he or 
 they shall cause the same to be delivered to the proper officer 
 of the court in which the trial is to be had, before or at 
 the opening of the said court on the first day of the sitting 
 thereof, or at such other time as the judge, recorder or justice 
 who is to preside in such court at the said trial shall order and 
 appoint : — 
 
 " Provided always, that if any such mittiess shall refuse to 
 enter into or acknowledge such recognizance as aforesaid it 
 shall be lawful for sucli justice or justices of the peace, by his or 
 their warrant ( (P. 1), p. 677), to commit him to the common 
 gaol or house of correction for the county, riding, division, 
 liberty, city, borough or place in which the accused party is to be 
 tried, there to be imprisoned and safely kept until after the trial 
 of such accused party, unless in the meantime such witness shall 
 duly enter into such recognizance as aforesaid before some one 
 justice of the peace for the county, &p., in which such gaol or 
 house of correction shall be situate : — 
 
 " Provided, nevertheless, that if afterwards, from want of 
 sufiicient evidence in that behalf or other cause, the justice or 
 justices before whom such accused party shall have been brought 
 shall not commit him or hold him to bail for the offence with 
 which he is charged, it should be lawful for such justice 
 or justices, or any other justice or justices of the same county, 
 &c., by his or their order ( (P. 2), p. 678) in that behalf, to 
 order and direct the keeper of such common gaol or house of 
 correction where such witness shall be so in custody, to dis- 
 
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CHAP. I.] Sect. 6. Of Binding over Prosecutor, S^c. 
 
 675 
 
 charge him from the same, and such keeper shall thereupon 11 & 12 Vict, 
 forthwith discharge him accordingly." '- — 
 
 In the cases of offences upon poor persons (under the 14 & 15 
 Vict. c. 11\ the clerk or other officer of the union, or if not in 
 a union one of the overseers, may, if the two justices taking 
 the examinations deem it necessary and so certify, be bound 
 over to prosecute (see sect. 7, and ante, pp. 071). 
 
 The jurisdiction of the quarter sessions as to the trial of Jurisdiction of 
 offenders for indictable offences is principally regulated by the ggggj^on^J^in ;„. 
 5 & 6 Vict. c. 38. Section 1 of that statute enacts,—" That, dictable of- 
 after the passing of this act, neither the justices of the peace '^"''^^• 
 acting in and for any county, riding, division or liberty, nor 
 the recorder of any borough, shall at any session of the peace, 
 or at any adjournment thereof, try any person for any treason, 
 murder or capital felony, or for any felony which when com- 
 mitted by a person not previously convicted of felony, is 
 punishable by transportation beyond the seas for life ; or for Sessions not to 
 any of the following offences, (that is to say,)— offences^'" 
 
 1. Misprision of treason : 
 
 2. Offences against the Queen's title, prerogative, person or 
 
 government, or against either House of Parliament : 
 
 3. Offences subject to the penalties of praemunire : 
 
 4. Blasphemy, and offences against religion : 
 
 5. Administering or taking unlawful oaths : 
 
 6. Perjury, and subornation of perjury : 
 
 7. Making or suborning any other person to make a false oath, 
 
 aflSrmation or declaration, punishable as perjury or as a mis- 
 demeanor : 
 
 8. Forgery : 
 
 9. Unlawfully and maliciously setting fire to crops of com, grain 
 
 or pulse, or to any part of a wood, coppice or plantation of 
 trees, or to any heath, gorze, furze or fern : 
 
 10. Bigamy, and offences against the laws relating to marriage : 
 
 11. Abduction of women and girls: 
 
 13. Endeavouring to conceal the birth of a child : 
 
 13. Offences against any provisions of the laws relating to bank- 
 
 rupts and insolvents : 
 
 14. Composing, printing or publishing blasphemous, seditious or 
 
 defamatory libels : 
 
 15. Bribery: 
 
 16. Unlawful combinations and conspiracies, except conspiracies 
 
 or combinations to commit any offence which such justices 
 or recorder respectively have or has jurisdiction to try when 
 committed by one person : 
 
 X x2 
 
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676 
 
 Indictable Offences. 
 
 [part II. 
 
 11 & 12 Vict. 
 c.i% 
 
 Binding over 
 minors and 
 married 
 women. 
 
 17. Stealing, or fraudulently taking, or injuring or destroying, 
 
 records or documents belonging to any court of law or equity, 
 or relating to any proceeding therein : 
 
 18. Stealing, or fraudulently destroying or concealing, wills or 
 
 testamentary papers, oi' any document or written instrument 
 being or containing evidence of the title to any real estate, 
 or any interest in lands, tenements or hereditaments." 
 
 This enactment did not apply to the justices in general or 
 quarter sessions within the limits of the Central Criminal Court 
 as established by the 4 & 5 Will. 4, c. 36 (ss. 2, 17); but 
 now by 14 & 15 Vict. c. 55, s. 13, it does, and places the 
 general and quarter sessions of the peace holden in and for the 
 cities of London and Westminster, the liberty of the Tower of 
 London, the borough of Southwark, and the counties of Mid- 
 dlesex, Essex, Kent and Surrey, precisely in the same position 
 as to the jurisdiction to try prisoners as the general and quarter 
 sessions of any other county under the above enactment. 
 
 Before the statute 11 & 12 Vict. c. 42, when any of the wit- 
 nesses were minors or married women, it was usual to require 
 the father, or husband or other competent person to become 
 bound for their appearance 3. This is still the practice in 
 some districts, but in the City of London Police Courts, when 
 no relative or husband or other person is present, the witness's 
 own recognizance is taken for his appearance, " on pain of 
 imprisonment." 
 
 Forms. 
 
 (O. 1) Reoog- : Be it remembered, that on the day of , in the year 
 
 nizance: of our Lord , C. D. of , in the towusliip of , in the said 
 
 county, [farmer'] [or C. D. of No. 2, street, in tlie parish of , 
 
 in the borough of , surgeon, of which said house he is tenant], 
 
 personally came before me, one of her Majesty's justices of the peace 
 for the said [counti/^, and acknowledged himjelf to owe to our sovereign 
 lady the Queen the sum of of good and lawful money of Great 
 
 3 Fide Note 1, anfe, p 673. There seems to be no power to call upon a 
 witness to iind sureties for his appearance, whether he be an infant nr not, 
 or a married woman (12 J. P. 845) ; and indeed an infant may enter into a 
 recognizance, for in Ex parte Williams (13 Price, 670), it was held that 
 infancy was no ground for discharging a forfeited recognizance (15 J. P. 
 2.30). If surety is taken for a witness, tlie bail may at any time surrender 
 him, if they think he he will not attend (1 Hale's Sum. 9(j i 2 Hawk. P. C. 
 c. ]5, s. 3, pp. 138, 139, of 8th ed. by Curwood ; 12 J. P. 812; 13 J. P. 366; 
 but see 16 J. P. 108). The forms of "proceeding will be the same, with slight 
 alterations, as on surrender of the accused by his bail, post, p. 683. The 
 witness may doubtless be committed for not entering into the recognizance, 
 although he was not summoned to give evidence (see 13 J. P. S4). 
 
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CHAP, I.] Sect. 6. Of Binding over Prosecutor, ^c. ^Tt 
 
 Britain, to be made and levied of his goods and cliattels, lands and 11 & 12 Vict, 
 tenements, to the use of our said lady the Queen, her heirs and sue- °- ^2- 
 
 cessors, if he the said C. D. shall fail in the condition indorsed. 
 
 Taken and acknowledged, the day and year first above mentioned, 
 at -- — , before me. 
 
 J. S. 
 
 The condition of the within-named recognizance is such, that To prosecute j 
 whereas one A. B. was this day charged before nie. J. S., justice of 
 the peace within mentioned, for that \^c., as in the caption of the 
 depositions], if therefore he the said C.' D. shall appear at the next 
 court of oyer and terminer or general gaol delivery \^or at the next 
 court of general quarter sessions of the peace] to be holden in and for 
 
 the [county] of ,* and there prefer or. cause to be preferred a bill 
 
 of indictment for the offence aforesaid against the said A. B., and there 
 also duly prosecute such indictment, then the said recognizance to be 
 void, or else to stand in full force and virtue. 
 
 Same as the last form to the asterish*, and then thus: "and there To prosecute 
 prefer or cause to be preferred a bill of indictment against the said A. B. and give evi- 
 for the offence aforesaid, and duly prosecute such indictment, and give dence; 
 evidence thereon as well to the jurors who shall then inquire of the 
 ' said offence as also to them who shall pass upon the trial of the snid 
 A. B., then the said recognizance to be void, or else to stand in full 
 force and virtue." 
 
 Same as the last form hut one to the asterisk*, and then thus: "and To give evi- 
 there give such evidence as he knoweth upon a bill of indictment to dence. 
 be then and there preferred against the said A. B. for the offence afore- 
 said, as well to the jurors who shall there inquire of the said offence as 
 also to the jurors who shall pass upon the trial of the said A. B. if the 
 said bill shall be found a true bill, then the said recognizance to be 
 void, or else to stand in full force and virtue." 
 
 ) Take notice, that you C. D. of , are bound in the sum (O. 2) Notice 
 
 to wit. 'i of to appear at the next court of [general quarter ses- of the said re- 
 
 sions of the peace'] in and for the [county] of , to be holden at , cognizance. 
 
 in the said county, and then and there [-prosecute and"] give evidence 
 against A. B. ; and unlessyou then appear there, and [prosecute and] 
 give evidence accordingly, the recognizance entered into by you will 
 be foithwith levied on you. 
 
 Dated this day of , 18.5 — . 
 
 ^ J. S. 
 
 To the constable of , and to the keeper of the [house of cor- (P, 1) Commit- 
 
 rection] at , in the said [county] of . ment of witness 
 
 Whereas A. B. was lately charged before the undersigned, [one] of refusing to 
 
 her Majesty's justices of the pciice in and lor the said [county] of , enter into 
 
 for that [^c, as in tlie summons to the witness], and it having been recognizance. 
 
 made to appear to [me] upon oath that E. F. of , was likely to 
 
 give material evidence for the prosecution, [/] duly issued [my eum- 
 
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678 
 
 IndictaUe Offences. 
 
 [part II. 
 
 11 & 12 Vict, mons to the said E. F., requiring him to be and appear] before [me] on 
 
 c. 42. , at , or before such other justice or justices of the peace as 
 
 should then be there, to testify what he should know concerning the 
 said charge so made against the said A. B. as aforesaid ; and the said 
 E. F. now appearing before \rne], [or being brought before [jwe} by 
 virtue of a warrant in that behalf to testify as aforesaid,] hath been 
 now examined by [me'\ touching the premises, but being by \me] re- 
 quired to enter into a recognizance conditioned to give evidence against 
 the said A. B. hath now refused so to do : These are therefore to com- 
 mand you the said constable to take the said E. F., and him safely to 
 
 convey to the [house of correction] at , in the [county^ aforesaid, 
 
 and there deliver him to the said keeper thereof, together with this 
 precept ; and I do hereby command you the said keeper of the said 
 [house of correction] to receive the said E. F. into your custody in the 
 said [house of correction], there to imprison and safely keep him until 
 after the trial of the said A. B. for the offence aforesaid, unless in the 
 meantime such E. F. shall duly enter into such recognizance as afore- 
 said in the sum of pounds, before some one justice of the peace for 
 
 the said [counii/], conditioned in the usual form to appear at the next 
 court of [oyer and terminer, or general gaol delivery, or general 
 quarter sessions of the peace] to be holden in and for the [county] of 
 
 , and there to give evidence before the grand jury upon any bill 
 
 of indictment which may then and there be preferred against the said 
 A. B. for the offence aforesaid, and also to give evidence upon the trial 
 of the said A. B. for the said offence, if a true bill should be found 
 against him for the same. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our Lord , at r, in the tcountv] aforesaid. 
 
 J. S. (L.S.) 
 
 (P. 2) Subse- To the keeper of the [house of correction'] at , in the [county] 
 
 quent order to of . 
 
 discharge the Whereas by \my] order dated the day of [instant'], re- 
 
 witness, citing that A. B. was lately before then charged before [me] for a 
 
 certain offence therein mentioned, and that E. F. having appeared 
 before [me], and being examined as a witness for the prosecution in 
 that benalf, refused to enter into a recognizance to give evidence 
 against the said A. B., and [/] therefore thereby committed the said 
 E. F. to your custody, and required you safely to keep him until after 
 the trial of the said A. B. for the offence aforesaid, unless in the mean- 
 time he should enter into such recognizance as aforesaid : And whereas 
 for want of sufficient evidence against the said A. B. the said A. B. 
 has not been committed or holden to bail for the said offence, but on 
 the contrary thereof has been since discliarged, and it is therefore not 
 necessary that the said E. F. should be detained longer in your cus- 
 tody : These are therefore to order and dh-ect you the said keeper to 
 discharge the said E. F. out of your custody as to the said commit- 
 ment, and suffer him to go at large. 
 Given [&c. as (P. 1, supra)]. 
 
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CHAP. I.] Sect.1. 0/ Bailing Accused after Examination. 679 
 
 11 & 12 Vict 
 Sect. VII. Of Bailing Accused after Examination 1. — 
 
 Any one justice may take bail for any indictable offence Exammmg 
 
 (except treason) before or after committal. 11 & 12 Vict. c. 42, ^^^ g^^u ^^ 
 
 s. 23, giving this power, contains the manner of procedure : it bail in felonies 
 
 enacts,—" that where any person shall appear or be brought 
 
 before a justice of the peace charged with any felony, 
 
 " Or with any assault with intent to commit any felony,— or and certain 
 
 •' . „ , -ii Lx ■ • misdemeanors, 
 
 with any attempt to commit any felony,— or with obtaining or 
 
 attempting to obtain property by false pretences,— or with a 
 
 misdemeanor in receiving property stolen or obtained by false 
 
 pretences,— or with perjury or subornation of perjury,— or with 
 
 concealing the birth of a child by secret burying, or otherwise, 
 
 —or with wilful or indecent exposure of the person, — or with 
 
 riot,— or with assault in pursuance of a conspiracy to raise 
 
 wages, — or assault upon a peace officer in the execution of his- 
 
 duty,— or upon any person acting in his aid, — or with neglect 
 
 or breach of duty as a peace officer, — or with any misdemeanor 
 
 for the prosecution of which the costs may be allowed out of 
 
 the county rate 2, 
 
 " Such justice of the peace may, in his discretion, admit siich 
 
 person to bail, upon his procuring and producing such surety or 
 
 sureties as in the opinion of such justice will be sufficient to 
 
 ensure the appearance of such accused person at the time and 
 
 place when and where he is to be tried for such offence 3 ; and 
 
 1 The power of a magistrate to accept or refuse bail in cases of misde- 
 meanor is a judicia:l duty, and an action will not lie against him. for refusing 
 to take bail in such cases without proof of express malice, even though the 
 sureties tendered are found by the jury to have been sufficient (Linford v. 
 Fitzroy, 18 L. J. M. C. 108 ; 13 Jur. 303 ; 13 Q. B. 240 ; 13 J. P. 471'). 
 An infant may enter into a recognizance, for in Ex parte Williams (13 Price, 
 670) it was held, that infancy was no ground for discharging a forfeited 
 recognizance (15 J. P. 230). See Note 3. infra, as to the principles which 
 should guide justices in bailing an accused, and as to their sufficiency. 
 
 2 For which see 14 & 15 Vict. c. 55, ss. 1, 2, post, p. 688, which extend 
 the provisions of the 7 Geo. 4, c. 64, to many other misdemeanors. 
 
 3 As to the principles which should guide justices in bailing an ac- 
 cused, Mr. Justice Erie, in addressing a grand jury on the Western Circuit 
 during the Spring Assizes, 1853 (with reference to the case of a man who 
 had been committed for rape, but, being let out on bail, had escaped to 
 Australia), stated, — " for their guidance as magistrates in such casej, that 
 the course he always pursued, when applications to bail were made to him, 
 was to look at the nature of the cases, and the probability of a conviction 
 and the punishment likely to follow. In the present case there was every 
 probability of a conviction, and a sentence of transportation for life was sure 
 to follow. In such cases it was his invariable custom to refuse the bail, 
 looking at the strong probability that the prisoner would sooner forfeit a 
 sum of money, be it ever so large, than run the risk of trial and conviction 
 
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680 Indictable Offences. [part ii. 
 
 11 & 12 Vict, thereupon such justice shall take the recognizance ( (S. 1, 2), 
 "- *'^- pp, 683, 684) of the said accused person and his surety or sure- 
 
 ties, conditioned for the appearance of such accused person at 
 the time and place of trial, and that he will then surrender and 
 take his trial, and not depart the court without leave ; 
 Or after com- « And in all cases where a person charged with any indictable 
 mittal, oflPence shall be committed to prison to take his trial for the 
 
 same, it shall be lawful at any time afterwards, and before the 
 first day of the sitting or session at which he is to be tried, or 
 before the day to which such sitting or session may be ad- 
 journed, for the justice or- justices of the peace who shall have 
 signed the warrant for his commitment, in his or their discre- 
 tion, to admit such accused person to bail in manner as aforesaid; 
 to grant certifi- " Or if such committing justice or justices shall be of opinion 
 cate of consent ^j^g^j. f^^ ^^^ ^f jj^g offences hereinbefore mentioned the said 
 accused person ought to be admitted to bail, he or they shall 
 in such cases and in all other cases of viisdemeanors, certify 
 ( (S. 3), post, p. 684) on the back of the warrant of commit- 
 ment his or their consent to such accused party being bailed, 
 -stating also the amount of bail which ought to be required, it 
 shall be lawful for any justice of the peace attending or being 
 at the gaol or prison where such accused party shall be in cus- 
 tody, on production of such certificate, to admit such accused 
 person to bail in manner aforesaid ; 
 and bail taken " Or if it shall be inconvenient for the surety or sureties in 
 at gaol. g^pji a, case to attend at such gaol or prison, to join with such 
 
 and the severe sentence likely to follow." Substantially the same principles 
 were stated by Coleridge, J., in Reg. v. Scaife, 9 Dowl. 554. If either of the 
 bail be not a housekeeper, or appear not to be worth the sum for which he 
 comes to be bail, both may be rejected ; but if they both appear to be 
 responsible persons and housekeepers, the recognizance is taken (2 Burn's 
 Jus. 29th ed. p. 325). It is the duty of the justice to ascertain their suf- 
 ficiency, and this he may do by administering to them an oath " to make 
 true answer to all such questions as may be demanded of them," and asking 
 them the usual questions as to their means, property and liabilities, whether 
 or not they have been bankrupt or insolvent, or are surety for another; but 
 the justice ought not to interfere in any way to dissuade them from becoming 
 bound as ba,l [Reg. v. Saunders, 2 Cox, C. C. 249) ; nor can he legally inquire 
 " into the personal character or political opinions of the persons offered as 
 bail, for his duty is confined to an inquiry into the sufficiency of their pro- 
 perty to meet their recognizances {R. v. Badger, 4 Ad. & E. 468). In a 
 more recent case {R. v. Broome, 15 J. P. 644; 18 Law T., p. 19, September, 
 1851), before Martin, B., at chambers, that learned judge is reported to have 
 Btated his opinion to be, that if the justice is satisfied of the solvency of the 
 persons tendered as bail, he is not justified in rejecting them on account of 
 any alleged objections to their moral character, and also that the fact of 
 their being indemnified by the, defendant is no objection to their being 
 accepted as bail (see Article, IS J. P. 638). 
 
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CHAP. I.] Sect.l. Of Bailing Accused after Examination. 681 
 
 accused person in the recognizance of bail, then such commit- H & l^^^'"*- 
 
 ting justice or justices may make a duplicate of such certificate 
 
 ( (S. 4), p. 684) as aforesaid, and upon the same being produced 
 to any justice of the peace for the same county, riding, division, 
 liberty, city, borough or place, it shall be lawful for such last- 
 mentioned justice to take the recognizance of the surety or 
 sureties, in conformity with such certificate, and upon such 
 recognizance being transmitted 4 to the keeper of such gaol or 
 prison, and produced, together with the certificate on the war- 
 rant of commitment as aforesaid, to any justice of the peace 
 attending or being at such gaol or prison, it shall be lawful for 
 such last-mentioned justice thereupon to take the recognizance 
 of such accused party, and to order him to be discharged out of 
 custody as to that commitment, as hereinafter mentioned; 
 
 " And where any person shall be charged before anyjustice of Bail in other 
 the peace with any indictable misdemeanor other than those misdemeanors, 
 hereinbefore mentioned, such justice, after taking the examina- 
 tions in writing as aforesaid, instead of committing him to prison 
 for such offence, shall admit him to bail in manner aforesaid, — 
 or if he have been committed to prison, and shall apply to any 
 one of the visiting justices of such prison, or to any other justice 
 of the peace for the said county, riding, division, liberty, city, 
 borough or place, befoi'e the first day of the sitting or session 
 at which he is to be tried, or before the day at which such sit- 
 ting or session may be adjourned, to be admitted to bail, such 
 justice shall accordingly admit him to bail in manner afore- 
 said; 
 
 " A.nd in all cases where such accused person in custody shall 
 be admitted to bail by a justice of the peace other than the 
 committing justice or justices as aforesaid, such justice of the 
 peace so admitting him to bail shall forthwith transmit the 
 recognizance or recognizances of bail to the committing justice 
 or justices or one of them, to be by him or them transmitted, 
 with the examinations, to the proper officer; 
 
 " Provided nevertheless, that no justice or justices of the peace No bail to be 
 
 shall admit any person to bail for treason, nor shall such person ^^^^^ '" 
 . •' r ' r treason. 
 
 be admitted to bail, except by order of one of her Majesty's 
 
 4 Instead of the parchment recognizance being transmitted, the warrant 
 of deliverance (S. 5), post, p. 684, may be altered so as that it may be con- 
 ditional on the accused entering into his own recognizance {vide Form 
 No. 52, p. 284 of Oke's " Formulisl," 2nd ed.). 
 
 Digitized by Microsoft® 
 
682 
 
 Indictable Offences. 
 
 [PAKT II. 
 
 11 & 12 Vict, 
 c. 42. 
 
 When bail 
 taken after 
 committal, 
 warrant of de- 
 liverance to be 
 lodged. 
 
 secretaries of state, or by her Majesty's Court of Queen's Bench 
 at Westminster, or a judge thereof in vacation" 5. 
 
 The above enactment may be concisely stated to be this : 
 
 1. That it is discretionary with the committing magistrate whether 
 
 to admit to bail in all cases of felony, assaults with intent to 
 commit felony, and in the other first specified misdenxeanors ; 
 and in these cases it is discretionary with him whether he 
 will certify his consent to bail being taken by another justice : 
 
 2. That in other misdemeanors than those specified he must take 
 
 bail, if tendered and sufijcient ; and if the accused is com- 
 mitted he must certify his consent to bail : 
 
 3. If the accused committed, and the committing magistrate cer- 
 
 tify his consent, where such consent is optional, as in case 1, 
 any justice of the same county, &c., may take the -recog- 
 nizances of the sureties, and a visiting justice of the gaol take 
 the recognizances of the accused there, and his sureties also, 
 if convenient : 
 
 4. If the accused committed for any of the misdemeanors not spe- 
 
 cified (as in 2), a visiting justice of the prison, — or any justice 
 of the same county, &c., may admit him to bail : 
 
 5. The committing justice, after committal, may take bail for any 
 
 offence either at the gaol, or the sureties for the accused 
 elsewhere, and then certify, when the accused's recognizance 
 may be taken by the visiting justice : 
 
 6. Justices are not to admit to bail for treason, — and under no 
 
 circumstances do they upon a charge of murder : 
 
 7. There must be at least one surety, the accused's recognizance 
 
 alone not being sufficient, as on a remand {ante, p. 497), but 
 it is usual to require two sureties : 
 
 8. The amount of the recognizance is discretionary with the 
 
 justice certifying, or (where not certified) with the justice 
 taking the bail ; but the recognizance of the accused himself 
 is usually double that of one of the sureties. 
 
 [The cases in which it is discretionary to take bail and 
 vrhere compulsory are shown in the fifth column of Chapter 
 II., post, under each offence.] 
 
 " In all cases where a justice or justices of the peace shall 
 admit to bail any person, who shall then be in any prison, 
 charged with the offence for which he shall be so admitted to 
 
 5 A proviso to this section contained the practice relative to traverses, 
 where the defendant was entitled thereto, as well as a form of recognizance ; 
 but traverses are abolished by 14 & 15 Vict. c. 100, s. 27, and therefore we 
 have omitted such proviso and form. 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 7. OJ Bailing Accused after Examination. 683 
 
 bail, such justice or justices shall send to or cause to be lodged ii & 12 Vict. 
 
 with the keeper of such prison a warrant of deliverance ( (8. 5), *" j — . 
 
 p. 684) under his or their hand and seal or hands and seals, 
 requiring the said keeper to discharge the person so admitted 
 to bail, if he be detained for no other offence ;— and upon such 
 warrant of deliverance being delivered to or lodged with such 
 keeper, he shall forthwith obey the same" (s. 24). 
 
 The committing justice may require that the accused shall Notice of 
 give the prosecutor or his attorney a given notice in writing of P" '"^ '° 
 his intention to put in bail, with the names, &c. of his proposed 
 sureties. This requirement can be conveniently done by the 
 insertion of the following words in the form of certificate (S. 3) 
 or (S. 4), p. 684 : " hut I require the said A. B. to give [twenty- 
 four hours'] written notice to the prosecutor, C. D., of his in- 
 tention to tender such bail, with the time and place of so ten- 
 dering, and the names, abodes and quality of his proposed 
 sureties." Vide Form of Notice of Bail, post, p. 685. 
 
 It is laid down in 1 Hale's Sum. 96; also 2 Hawk. c. 1-5, Surrender of 
 s. 3, pp. 138, 139, 8th edit, by Curwood, that bail is a custody, ^aa!'^^ ^^ '"^ 
 and therefore the bail may retake the prisoner, if they doubt he 
 will fly, and detain him, and bring him before a justice ; and 
 the justice ought to commit the prisoner in discharge of the 
 bail, or put him to find new sureties (12 J. P. 842 ; 13 J. P. 
 366); or the bail may make a complaint before a justice, and 
 obtain a warrant for the accused's apprehension; but this is 
 not indispensably requisite, but it may prevent any breach of 
 the peace 6. 
 
 Forms. 
 
 Be it remembered, that on the day of , in the year of our (s. 1) Recog- ■ 
 
 Lord , A. B. of [labourer'], L. M. of [grocer], and. nizance of bail. 
 
 N. 0. of [butcher], personally came before [us], the undersigned, 
 
 two of her Majesty's justices of the peace for the said [county], and 
 severally acteiowledged themselves to owe to our lady the Queen the 
 several sums following ; (that is to say), the said A. B. the sum of 
 
 , and the said L. M. and N. O. the sum of each, of good 
 
 and lawful money of Great Britain, to be made and levied of their 
 several goods and chattels, lands and tenements respectively, to the 
 use of our said lady the Queen, her heirs and successors, if he, the 
 said A. B., fail in the condition indorsed. 
 
 Taken and acknowledged, the day and year first above mentioned, 
 
 at , before us. J. S. 
 
 J.N. 
 
 6 yide Forms of Complaint, Warrant and Commitment, Nos. 55 — 58, 
 pp. 285-287, Oke's " Formulist," 2nd ed. 
 
 Digitized by Microsoft® 
 
684 
 
 Indictable Offences. 
 
 [part ir. 
 
 11 & 12 Vict, 
 c. 42. 
 
 Condition. 
 
 The condition of the within-written recognizance is such, that 
 whereas the said A. B. was this day cliarged before \us], the justices 
 within mentioned, for that [S^c. as in the icarrant] ; if therefore tlie 
 said A. B. will appear at the next court of oyer and terminer and 
 general gaol delivery [or court of general quarter sessions of the 
 
 peace] to be holden in and for the [county'] of , and there surrender 
 
 himself into the custody of the keeper of the [common gaol] there, 
 and plead to such indictment as may be found against him by the 
 grand jury for or in respect of the charge aforesaid, and take his trial 
 upon the same, and not depart the said court without leave, then the 
 said recognizance to be void, or else to stand in full force and virtue. 
 
 (S. 2) Noticeof Take notice, that yon, A. B. of , are bound in the sum of , 
 
 recognizance to and your [sureties L. M. and N. O.] in the sum of each, that 
 
 be given to you, A. B. appear [Sfc. as in the condition of the recognizance], and 
 not depart the said court without leave; and unless you the said A. B. 
 personally appear and plead, and take your trial accoi'dingly, the re- 
 cognizance entered into by you and your sureties shall be forthwith 
 levied on you and them. 
 
 Dated this day of , 185—. J. S. 
 
 accused and 
 his bail. 
 
 (S. 3) Certifi- I hereby certify, that I consent to the within-named A. B. being 
 
 cate of consent bailed by recognizance, himself in and [two] sureties in 
 
 to bail indorsed each. J. S. 
 
 on commit- 
 ment, 
 
 (S. 4) The like, Whereas A. B. was on the • committed by me to the [house of 
 
 on a separate, correction] at , charged with [Src. naming the offence shortly]: 
 
 paper. j hereby certify, that I consent to the said A. B. being bailed by re- 
 cognizance, himself in , and [two] sureties iu each. 
 
 Dated the day of , 185—. J. S. 
 
 (S. 5) Warrant 
 of deliverance 
 on bail being 
 given for a 
 prisoner al- 
 ready com- 
 mitted. 
 
 To the keeper of the [house of correction] at , in the said 
 
 [coure/y] of . 
 
 Whereas A. B., late of , [labourer\ hath before [us, two] of 
 
 of her Miijesty'sjusticesof the peace in and for the said county, entered 
 into his own recognizances, and found sufficient sureties for his appear- 
 ance at the next court of oyer and terminer and general gaol delivery 
 [or court of general quarter sessions of the peace] to be holden in 
 
 and for the [cowity] of , to answer our sovereign lady the Queen, 
 
 for that [^c. as in the commitment], for which he was taken and com- 
 mitted to your said [house of correction] : These are therefore to com- 
 mand you, in her said Majesty's name, that if the said A. B. do remain 
 in your custody in the said [house of correction] for tlie said cause, and 
 for no other, you shall forthwith suffer him to go at large. 
 
 Given under my hand and seal, this day of , in the year 
 
 of our Lord , at , in the [countu] aforesaid. 
 
 ^ ^ J.S. (L.S.) 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect.l. Of Bailing Accused after Examination. 685 
 
 C. D. against A. B. for . , H & 12 Vict. 
 
 J Take notice, that W. B. of No. 9, street, m the i^-*-!- 
 
 to wit. \ of , and R. W. of , will, on next, the 
 
 day of instant, at o'cU>ok in the forenoon, before such ^,,°"„ ,, ' i^gd 
 
 of her Majesty's justices of the peace for the said \county] of as .^.^^^ ^J^,^ 
 
 shall be then present at the , become bail for the personal appear- j^^o-is. " For. 
 
 ance of the above-named A. B. at* the next [general quarter sessions ^^fi^f,' 2nd 
 of the peace] to be holden in and for the said [county], tliere to answer g^ ^ p_ 285). 
 and plead to the indictment to be preferred agninst him for [eiiibezzle- 
 ment, or as the case may tie], and take his triiil upon the same. 
 
 \or if on remand, say from the asterisk*, the petty sessions to be 
 
 held on tlie day of , at twelve o'clock at noon, at 
 
 the — - in , to answer further to the charge of [em- 
 bezzlement, or as the case may be], made against him.] 
 
 Dated this day of , 185 — . 
 
 T. W., solicitor for the said A. B. 
 
 To Mr. C. D., the prosecutor. 
 
 [ Or Mr. H.J solicitor for the prosecution.] 
 
 Sect. VIII. Of Costs attending the Prosecution, &c. 
 
 1. Costs of conveying Accused to Gaol, infra. 
 
 2. Expenses incurred hy Prosecutor and Witnesses', p. 687. 
 
 1. Costs of conveying Accused to Gaol. 
 The constable having delivered the prisoner, with the warrant, Costs of con- 
 to the gaoler, s. 26 enacts,— that the gaoler, keeper or governor Ifof""* 
 of the gaol or prison, "shall thereupon give such constable or 
 other person so delivering such prisoner into his custody a 
 receipt ( (T. 2), p. 686) for such prisoner, setting forth the state 
 and condition in which such prisoner was when he was delivered 
 into the custody of such gaoler, keeper or governor ; —and in all 
 cases where such constable or other person shall be entitled 1 
 to his costs or expenses for conveying such person to such prison 
 as aforesaid, — it shall be lawful for the justice or justices who 
 shall have committed the accused party, or for any justice of 
 the peace in and for the said county, riding, division or other 
 place of exclusive jurisdiction wherein the offence is alleged in 
 
 1 The constable, if a county police constable, would not be entitled to these 
 costs if he be paid at a salary to include all his duties and expenses ; nor 
 would a justice grant the order where the prisoner was taken to the gaol in 
 a state of drunkenness. Among police forces the regulations of the par- 
 ticular (juarter sessions must be consulted and complied with in this 
 respect. 
 
 Digitized by Microsoft® 
 
686 
 
 Indictable OffehCBs. 
 
 [part II. 
 
 Of conveyance 
 to gaol. 
 
 Money on 
 prisoner may 
 be applied 
 toward ex- 
 penses of his 
 conveyance to 
 gaol. 
 
 the said warrant to have been committed, — to ascertain the sum 
 which ought to be paid to such constable or other person for 
 conveying such prisoner to such gaol or prison 2, and also 
 the sum which should reasonably be allowed him for his ex- 
 penses in returning, — and thereupon such justice shall make an 
 order ( (T. 2), p. 687) upon the treasurer of such county, riding, 
 division, liberty or place of exclusive jurisdiction,— or if such 
 place of exclusive jurisdiction shall be contributory to the 
 county rate of any county, riding or division, then upon the . 
 treasurer of such cOunty, riding, division respectively, — or, in 
 the county of Middlesex, upon the overseers of the poor of the 
 parish or place within which the offence is alleged to have been 
 committed, — for payment to such constable or other person of 
 the sums so ascertained to be payable to him in that behalf j — 
 and the said treasurer or overseers, upon such order being pro- 
 duced to him or them respectively, shall pay the amount 
 thereof to such constable or other person producing the same, 
 or to any person who shall present the same to him or them 
 for payment : 
 
 " Provided, nevertheless, that if it shall appear to the justice 
 or justices, by whom any such warrant of commitment against 
 such prisoner shall be granted as aforesaid, that such prisoner 
 hath money sufficient to pay the expenses, or some part thereof, 
 of conveying him to such gaol or prison, it shall be lawful for 
 such justice or justices, in his or their discretion, to order such 
 money or a sufficient part thereof to be applied to such pur- 
 pose" 3. Vide 3 Jac. 1, c. 10, s. 1, ante, p. 186, which may 
 still be made available for recovering these expenses by 
 distress. 
 
 Forms. 
 
 (T. 2) Gaoler's I hereby certify, that I have received from W. T., constable of , 
 
 receipt for the the body of A. B., together with a warrant under the hand and seal of 
 prisoner. J. S., esquire, one of her Majesty's justices of the peace for the \coun1y\ 
 
 2 These would be according to the scale of allowances settled by the 
 sessions in the constable's county; under the 5 & 6 Vict. c. 109, s. 17, if a 
 parochial constable. 
 
 3 The gaoler should certify on the back of the receipt for the prisoner 
 (Form No. 60, p. 288, Oke's " Formulist," 2nd ed.) the amount of money 
 found upon the prisoner at the time of his receiving him into his custody, 
 and on the same being produced to any justice he can grant an order 
 (No. 61, p. 289, Oke's " Formulist," 2nd ed.) on the gaoler to pay the con- 
 stable his expenses of conveying the prisoner to gaol. 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 8. Of Costs attending Prosecution, ^c. 687 
 
 of ; and that the said A. B. was [soher, or as the case may Je] at 
 
 the time he was so delivered into my custod;^. 
 
 P. K., keeper of the house of correction 
 
 [or common gaol] at . 
 
 Constable's expenses : £ s. d. 
 
 For conveying the above A. B. from to [by \ 
 
 railway'], at per mile S 
 
 For conveying him to and from the railway station . 
 For subsistence of prisoner whilst in custody after ) 
 
 commitment, days, at per day .... J 
 
 For his lodging nights, at per night . . 
 
 Constable days, at per day 
 
 [One] assistant [if' necessary] flays, at per J 
 
 day S 
 
 Total £ 
 
 To R. W., esquire, treasurer of the said [county] of . And justices' 
 
 Whereas W. T. constable of , in the county of , hath pro- order for con- 
 duced unto me J. P., one of her majesty's justices of the peace in and ^'^°'^ ^ ^^' 
 
 for the said county of (wherein the offence hereinafter* mentioned P^°^^^' 
 
 is alleged to have been committed), the above receipt of P. K., keeper *Sic. 
 
 of the [house of correction] at : And whereas, in pursuance of 
 
 the statute in such case made and provided, I have ascertained that 
 the sum which ought to be paid to the said W. T. for conveying the 
 
 said A. B. from , in the said county of , to the said [house of 
 
 correction] is , and that the reasonable expenses of the said W. T. 
 
 in returning will amount to the further sum of , making together 
 
 the sum of : These are therefore to order you, as such treasurer 
 
 of the said county of , to pay unto the .=aid W. T. the said sum of 
 
 , according to the form of the statute in such case made and pro- 
 vided, for which payment this order shall be your sufficient voucher 
 and authority. 
 
 Given under my hand, this day of , 185—. 
 
 J. P. 
 
 Received the day of , 185 — , of the treasurer of the 
 
 [county] of , the sum of , being the amount of the above 
 
 order. 
 
 £ . 
 
 2. Expenses incurred hy Prosecutor and Witnesses. 
 The allowance of the costs of prosecutors and witnesses Prosecutor and 
 in indictable offences is now regulated principally by the """^s^'^s' al- 
 7 Geo. 4, 0. 64, and the 14 & 15 Vict. c. 55 ;— s. 22 of the 7 °"^''"' 
 Geo. 4, c. 64, allowing in all felonies the whole of the costs of 
 the prosecution, i. e. the costs and expenses incurred by the In felonies, 
 prosecutor in preferring the indictment, and to him and his 
 witnesses their expenses in attending before the examining ma- 
 gistrate and the grand jury, and in otherwise carrying on the 
 prosecution, and compensation for their trouble and loss of time 
 
 Digitized by Microsoft® 
 
688 Indictable Offences. [part ir. 
 
 therein ; and the same, although no bill be found, if the persons 
 shall have attended honajide in obedience to a recognizance or 
 subpoena; but the expenses of attending before the magistrate 
 must be ascertained by the certificate of such magistrate 4, 
 granted previously to the trial or attendance in court, if he 
 shall think fit to grant the same, the home secretary of state 
 being authorized by s. 5 of the 14 & 15 Vict. c. 55, to make 
 regulations as to the rates or scales of payment according 
 to which such certificates may be granted, &c. 5 ; but they are 
 not conclusive as to the amount to be allowed, which is to be 
 ascertained by the proper oflBcer of the court according to 
 In certain mis- Such regulations (s. 6). By s. 23 of 7 Geo. 4, c. 64, the like 
 demeanors. coiXs were allowed (except those of attending before the exa- 
 mining magistrates) in the following misdemeanors to persons 
 attending upon recognizance or subpoena to prosecute or give 
 evidence : — 
 
 Assault with intent to commit felony ; attempt to comniil felony; 
 riot ; niisderaeanor for receiving stolen property knowing it 
 to have been stolen ; assault upon a peace oificer in the exe- 
 cution of his duty ; assault upon any person acting in aid of 
 such officer; neglect or breach of duty as a peace officer; 
 assault committed in pursuance of any conspiracy to raise 
 the rate of wages; obtaining property by false pretences; 
 wilful and indecent exposure of the person ; wilful and cor- 
 rupt perjury; and subornation of perjury. 
 
 But by s. 1 of the 14 & 15 Vict. c. 55, the exception of the 
 expense of attendance before the examining magistrate has been 
 repealed ; and by s. 2 that section (s. 23 of 7 Geo. 4, c. 64), as 
 amended by this act, is to extend and be applicable to certain 
 other misdemeanors, viz.. 
 
 Unlawfully and carnally knowing and abusing any girl above 
 ten and under twelve years of age ; unlawfully taking or 
 causing to be taken any unmarried girl under sixteen out of 
 the possession and against tlie will of her father, &c. ; con- 
 spiring to charge any person with any felony, or to indict 
 any person of any felony ; conspiring to commit any felony; 
 
 By the 3rd section of this statute it is provided, that wherejus- 
 tices acting under 9 Geo. 4, c. 31, bind parties by recognizance 
 to prosecute or give evidence on bills of indictment for common 
 
 4 Vide Form of Certificate, -post, p. 697. 
 
 5 These regulations, are set out in extenso at pp. 689 — 697. 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 8. Of Costs attending Prose<utwn,4'e- ^^^ 
 
 assaults, costs as in cases of felony may be allowed at the dis- 
 cretion of the court. The result of the two joint enactments is 
 that the whole costs are allowable in all felonies, and the whole, 
 or none, in the specified misdemeanors. There are, however, 
 other misdemeanors in which the whole costs are allowed as in 
 felonies, all which, with the result in each offence of the above 
 provision, will be seen in the 7th column of Chap. II. post. 
 
 As the 2-2nd section of 7 Geo. 4, c. 64, does not apply to the Reward to per- 
 costs attending the apprehension of the prisotiei-, unless the lending' 
 vpords "and in otherwise carrying on the prosecution" will offenders, 
 apply where the prosecutor has paid the constable, by s. 28 the 
 Court of Assize may order the sheriff to pay to any person who 
 shall appear to have been active in or towards the apprehension 
 of any person charged with — or being accessory before the fact 
 to— murder; shooting at or attempting to fire at another; stab- 
 bing, cutting or poisoning ; administering anything to procure 
 miscarriage ; rape ; burglary ; house breaking ; robbery ; arson ; 
 horse, bullock or sheep stealing ; or charged with receiving 
 stolen property, such sum as they shall deem sufiicient to com- 
 pensate him for his expenses, exertions and loss of time ;— and 
 the court of quarter sessions may make the like order to persons 
 active in the apprehension of receivers of stolen property. The 
 sheriff is to be repaid by the treasury (s. 29). By s. 30 allow- 
 ance may be made to the widow, child or parent of a person 
 killed in endeavouring to apprehend these offenders. By s. 8 
 of the 14 & 15 Vict. c. 55, the power in s. 28, supra, is extended 
 to courts of quarter sessions of the peace (with respect of course 
 to such of the offences as they have power to try), but their 
 order cannot exceed 51. 
 
 The following Rules and Regulations were made hy the Home Regulations of 
 Secretary on the 9th of February, 1858, in pursuance of ^^'^''^'^''y °^ 
 the 14 ^ 15 Vict. c. 55, «. 5 : — ' ^ ^' 
 
 "Whereas it is expedient to make regulations as to the rates and. ' 
 scales of payment according to which costs, expenses and compensa- 
 tions shall be allowed and ordered to be paid under the act of seventh 7 Geo. 4, c. 64. 
 year of the reign of King George the Fourth, c. 64, and divers other 
 acts of parliament authorizing such payments to prosecutors and 
 witnesses, and to persons attending courts in obedience to recogni- 
 zances or subpoenas in the cases of criminal prosecutions, for their 
 travelling expenses and trouble and loss of time incurred in attending 
 o.s, Y r 
 
 Digitized by Microsoft® 
 
690 Indictable Offences, [part ii. 
 
 such courts, and also to make regulations as to the rates and scales of 
 payment according to which certificates may be granted by the exa- 
 mining magistrate or magistrates in respect of the travelling expenses 
 of prosecutors, and witnesses for the prosecution and other persons, of 
 attending before such magistrate or magistrates, and of compensation 
 for trouble and loss of time therein in the cases aforesaid : And whereas 
 to the end aforesaid, it has become necessary to revoke divers regula- 
 tions made under the 26th section of the said act hereinbefore recited : 
 Now I, the Eight Honourable Sir George Grey, acting under and in 
 pursuance of a certain act of parliament made and passed in a session 
 14 & 15 Vict, of parliament holden in the fourteenth and fifteenth years of the reign 
 "• 55. of her present Majesty, intituled ' An Act to amend the Law relating 
 
 to the Expenses of Prosecutions, and to make further Provision for the 
 Apprehension and Trial of Ofl^enders in certain Cases,' do revoke,' 
 annul, and make void, all rules and regulations made under the said 
 26th section of the said act, whereby any costs, expenses and compen- 
 sations may be allowed or ordered to be paid to such prosecutors and 
 witnesses, or other persons attending on recognizance or subpoena, for 
 their travelling expense, ti'ouble, and loss of time in attending before 
 such courts or before such examining magistrate or magistrates, to a 
 larger or greater amount than the allowances hereinafter authorized 
 to be made in that behalf: and I do make, constitute and appoint the 
 following rules and regulations to be observed by all courts and magis- 
 trates, and the officers and clerks of such courts and magistrates, and 
 by all others whom it may concern, as to the rates and scales of pay- 
 ment of such costs, expenses and compensation ; and I do direct that 
 the same shall take efiect and be in force in all places where the same 
 may be capable of taking effect, that is to say — 
 
 Istly — Scales "1. I do make, constitute and appoint the following rules and 
 
 OF Payment regulations as to the rates and scales of payment according to which 
 TO Witnesses ° ^-n i. i. ^ j i. l ■ • •. ^ 
 
 FOE ATTEND- ^"''° Certificates may be granted, by such exanuning magistrate or 
 
 iNG Ex- magistrates, in respect of the travelling expenses of prosecutors and 
 
 AMiNiNG Ma- -vyitnesses for the prosecution, of attending before such magistrate or 
 
 GISTRATBS. . , , „ . „ , . , , , , „ . 
 
 magistrates, and oi compensation for their trouble and loss of time 
 therein in the cases aforesaid, namely : — 
 
 £ s. d. 
 legal or medi- " There may be allowed to prosecutors or witnesses 
 
 '^"^ ""*"• being members of the profession of the law, or of 
 
 medicine, if resident in the city, borough, parish, 
 town or place where the examination is taken, or 
 within a distance not exceeding two miles from 
 such place, for their loss of time and trouble in at- 
 tending to give professional evidence on such exa- 
 mination, but not otherwise, a sum, in, the discre- 
 tion of the magistrate or magistrates, for each 
 attendance not to exceed . . . . 10 6 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 8. Of Costs attending Prosecution, ^c. 
 
 CM 
 
 £ s. 
 
 1 1 
 
 Na. 
 
 1 
 
 1 
 
 " If such prosecutor or witness shall reside elsewhere, 
 then a sum for the same not to exceed 
 
 " And for mileage, a sum not to exceed Sd. per 
 mile each way. 
 "To prosecutors and witnesses, being constables at- 
 tending the bench of magistrates, where such exa- 
 mination is taken on any police duty, and to con- 
 stables paid by salary, and attending from a dis- 
 tance not exceeding three miles, there shall be 
 
 allowed 
 
 " Unless the magistrate or magistrates shall certify that 
 there were special reasons for making an allowance, 
 and shall specify such reasons upon his or their 
 certificate, and then a sum not to exceed for each 
 
 day 
 
 " To prosecutors and witnesses being constables paid by 
 salary, and not attending the magistrate or bench 
 of magistrates on any police duty, for their trouble 
 in attending such examination, from a distance 
 greater than three miles, and not exceeding seven 
 miles from the place where the examination is taken, 
 a sum not to exceed for each day .... 
 " To the same if attending from a distance greater than 
 seven miles from -the place where the examination 
 is taken, a sum not to exceed for each day . 
 " To prosecutors and witnesses being constables paid by 
 salary, if necessarily detained aU night for the pur- 
 poses of the examination, a sura for the night, not 
 
 to exceed 2 
 
 " (The said allowances to prosecutors and wit- 
 nesses being constables paid by salary, 
 are to be conditional, upon the same being 
 applicable for their personal benefit.) 
 "To prosecutors and witnesses being constables neces- 
 sarily travelling to the place of examination in dis- 
 charge of any police duty, there shall be allowed 
 
 for mileage Nil. 
 
 " (Unless the examining magistrate or magis- 
 trates shall certify that there were special 
 reasons for making an allowance, and 
 shall specify the same upon their certifi- 
 cate, and then the same as other consta- 
 bles.) 
 "To prosecutors and witnesses being constables not 
 attending the place of examination in discharge of 
 yy2 
 
 d. 
 
 
 Mileage. 
 
 Constables : 
 
 Constables on 
 duty in the 
 case for at- 
 tendance. 
 
 Constables not 
 on duty in the 
 case for at- 
 tendance. 
 
 1 6 
 
 Night. 
 
 Mileage, when 
 on duty in the 
 case. 
 
 Mileage, when 
 not on duty 
 
 Digitized by Microsoft® 
 
692 
 
 Indictable Offences. 
 
 [part II. 
 
 the case, and 
 able to travel 
 ty railway. 
 
 Witnesses in 
 general. 
 
 Night. 
 
 £ s. d. 
 a police duty, and entitled to be convej'ed under 
 7 & 8 Vict. c. 85, s. 12, and able to travel by rail- 
 way, there shall be allowed mileage as follows : — 
 " To superintendents, inspectors, Serjeants and 
 constables, the lowest amount per mile 
 authorized bj' act of parliament for their 
 conveyance, and no larger sum ; 
 " To prosecutors and witnesses being consta- 
 bles able but not so entitled to travel, and 
 not attending the place of examination on 
 any police duty, there shall be allowed 
 for mileage, railway fare, the same as to 
 ordinary witnesses ; 
 " To prosecutors and witnesses being consta- 
 bles not able to travel by railway, and 
 not attending the magisti'ate or magis- 
 trates on any police duty, for every mile 
 beyond four miles each way they shall 
 travel to reach the place of examination, 
 a sum not to- exceed each way, '2d. ; 
 " To prosecutors and witnesses being consta- 
 bles, able partially to travel by railway, 
 for every mile after the first four miles 
 each way, in reaching such means of con- 
 veyance, a sum not to exceed 2d., and 
 • railway fare as other constables. 
 " To prosecutors and witnesses not hereinbefore provided 
 for, resident in the city, borough, parish, town or 
 place where the examination is taken, or within a 
 distance not exceeding two miles from such place, 
 for their trouble and loss of time in so attending, 
 there shall be allowed a sum for each day not to 
 
 exceed 10 
 
 "If resident elsewhere and beyond the distance of two 
 miles, or if such prosecutors or witnesses shall be 
 necessarily detained from home, for the purpose of 
 the examination, more than four hours, a sum at 
 the like discretion, not to exceed . . . .016 
 " If they shall be necessarily detained from home more 
 than six hours, then a sum at the like discretion, 
 
 not to exceed 2 6 
 
 "When he or they shall reside at such a distance from 
 the place of examination as to render it necessary 
 that he or they shall sleep from home, then at the 
 like discretion, a sum for the night, not to exceed 2 6 
 
 Digitized by Microsoft® 
 
ING Assizes 
 OR Sessions. 
 
 CHAF. I.] Sect. 8. 0/ Costs attending Prosecution, ^c. 693 
 
 f s. d. 
 "There may be allowed for mileage, as follows :— Mileage. 
 
 " If the prosecutor or witness reside at a greater 
 distance than two miles from the place of 
 examination, and the whole or any portion 
 of the journey can be performed by rail- 
 way, second class fare for such whole or 
 portion of the journey, as the case maybe; 
 and for a journey, or part of a journey, 
 performed otherwise tlian by railway, a 
 sum no.t to exceed per mile each way ,003 
 
 " 2. In pursuance of the power in me vested, I do make the follow- 2ndly — 
 ing rules and regulations as to the rates and scales of payment of p^'^^Wj^o 
 costs, expenses and compensations to be allowed or ordered to be paid, Witnesses 
 under the said act of the seventh year of the reign of King George the for attend- 
 Fourth, and other the acts of parliament aforesaid, to prosecutors and 
 witnesses attending courts of assize, oyer and terminer, gaol delivery, 
 general session of the peace, or any other courts having power to allow 
 such costs, expenses and compensation to prosecutors and witnesses, 
 and persons attending such courts, in obedience to any recognizance or 
 suhpcEua in cases of criminal prosecutions, for their trouble, loss of 
 time, and travelling expenses in so attending. 
 
 "For the purposes aforesaid I do make, constitute and appoint the 
 following rules and regulations ^that is to say), there may be allowed : — 
 
 £ 8. d. 
 "To prosecutors and witnesses, being members of the Legal or me- 
 
 profession of the law or of medicine, attending to '"*"■ 
 
 give professional evidence, but not otherwise, for 
 their trouble, expenses and loss of time, for each 
 day they shall necessarily attend the court to give * 
 professional evidence, a sura not to exceed . .110 
 "For each night the same as ordinary witnesses, and 
 
 for mileage a sum not to exceed, per mile each way 3 
 "To prosecutors and witnesses, being constables and Constables: 
 
 paid by salary, if resident in the city, borough, town Resident 
 
 or place where such court is held, or within a dis- 
 tance not exceeding two miles of such place, a sum, 
 in the discretion of the court, not to exceed for 
 
 each day ■. .010 
 
 " If resident elsewhere, and if they shall attend from a Non-resident, 
 
 greater distance than two miles, a sum, in the dis- 
 cretion of the court, for each day not to exceed .016 
 "To the same if they shall be necessarily detained all Night, 
 
 night for the purposes of the prosecution, a further 
 sum for the night not to exceed . . . .020 
 
 Digitized by Microsoft® 
 
694 
 
 Indictable Offences. 
 
 [part II. 
 
 Mileage, when 
 able to travel 
 by railway or 
 not. 
 
 Witnesses in 
 general. 
 
 Night at 
 assizes. 
 
 "If such prosecutors and witnesses shall he 
 chief constables or superintendents attend- 
 ing from a distance greater than three 
 miles, and they shall be necessarily de- 
 tained all night for the purposes of the 
 prosecution, instead of the foregoing al- 
 lowances there may be allowed to them 
 the same as ordinary witnesses. 
 " (The said allowances to prosecutors and wit- 
 nesses, being constables paid by salary, 
 are to be conditional on the same being 
 applicable to their personal benefit.) 
 "To prosecutors and witnesses, being constables who 
 shall be entitled to be conveyed under the 7 & 8 
 Vict. c. 85, s. 12, and able to travel by railway, 
 there may be allowed for mileage as follows : — 
 " To superintendents, inspectors, seijeants and 
 police constables, the lowest amount per 
 mile authorized by act of parUament for 
 their conveyance, and no lai-ger sum ; 
 "To prosecutors and witnesses, being consta- 
 bles not so entitled to travel, there may 
 be allowed railway fare the same as to 
 ordinary witnesses ; 
 "To the same if paid by salary, and where 
 they are not able to travel by railway, 
 for every mile beyond four miles each way 
 they shall ti'avel to and return from the 
 • court where the prosecution takes place, 
 
 a sum not to exceed Zd, ; 
 "To the same if paid by salary, when able 
 partially to travel by railway, for every 
 mile after the first four miles each way 
 in reaching such means of conveyance, a 
 sum not to exceed 2d., and railway fare 
 as other constables. 
 "To prosecutors and witnesses not hereinbefore pro- 
 vided for, there may be allowed, for their expenses, 
 trouble and loss of time in attending the court 
 where the prosecution takes place, per day, a sum 
 
 not to exceed 
 
 "To the same, if entitled to mileage, for each night 
 they may be necessarily detained from home for the 
 purposes of the prosecution at any assizes, session 
 
 £ ». d. 
 
 3 6 
 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 8. Of Costs attending Prosecution, S^c. 69( 
 
 £ «. d. 
 of gaol delivery, or session of oyer and terminer, a 
 
 sum not to exceed 2 6 
 
 " To the same for each night they may necessarily be Night at 
 
 detained from home for the purposes of the prose- sessions. 
 
 cution at a session of the peace . . . .020 
 "To the same for mileage there "may be allowed as Mileage. 
 
 follows: — 
 
 "If resident more than two miles from the 
 court where the prosecution takes place, 
 if the whole or any portion of the journey 
 can be performed by railway, second 
 class fare for such whole or portion of 
 the journey, as the case may be, and for 
 a journey or part of a journey performed 
 otherwise than by railway, per mile, each 
 way, a sum not to exceed . . .003 
 " In computing the amount to be allowed for mileage, under any of How mileage 
 the regulations herein contained, I do direct that no greater allowance calculated, 
 be made than at the rate of 3d. per mile each way by the nearest 
 available route. 
 
 "I also du'ect that no prosecutor or witness allowed for mileage 
 under any of the regulations herein contained shall be allowed for 
 loss of time occasioned by his or her omission to avail himself or her- 
 self of a public conveyance, if available. 
 
 " I further direct that no prosecutor or witness be allowed, under Allowance 
 any of the regulations aforesaid for his attendance, loss of time, trouble °°'y ^" ""* 
 or expenses, in more than one case on the same day. 
 
 "I further direct that no constable paid by salary be allowed for 
 railway fere not actually paid. 
 
 " Exceptions. 
 " I do authorize payment to the oflBcer of a gaol whose duties require Allowance to 
 his attendance in the court where the prosecution takes place, for #"«" of gaol. 
 giving evidence on a former conviction, a sum not to exceed 3s. 6d. 
 
 " I do make the following regulations as to the compensation to be Prisoners 
 allowed in the cases of prisoners brought by writ of habeas corpus, or brought by 
 other lawful process, to give evidence for the prosecution. evidence. ^'^* 
 
 " To governors and officers of gaols, in whose custody the prisoner 
 is brought, as follows : — 
 
 £ s. d. 
 " To a governor, for his loss of time, trouble and ex- 
 penses, in bringing up such prisoner, for each day 
 
 he may attend, the sum of 12 
 
 " To other officers, for the same, the sum of . .060 
 " And for mileage, a sura, in the discretion of the court, 
 
 not to exceed per mile each way . . . .010 
 
 Digitized by Microsoft® 
 
Indictable Offences. 
 
 [part II. 
 
 Attorneys for 
 prosecution 
 giving evidence. 
 
 Scientific wit- 
 nesses. 
 
 Interpreters, 
 
 Witnesses 
 unable to travel 
 by ordinary 
 mode. 
 
 Reasons for 
 exceptions to 
 be mentioned 
 in magistrate's 
 certificate, or 
 order of court. 
 
 Rules for al- 
 lowing a less 
 amount not to 
 be affected. 
 
 " Provided always, that the above allowances shall not be made to 
 any gaoler or officer charged with the custody of prisoners for trial, at 
 the place where such prisouer shall be required to give evidence in re- 
 spect of the time such gaoler or officer shall, by virtue of his oflSce, be 
 required to be there present. 
 
 " I authorize the following payments to be made to attorneys for the 
 prosecution, giving evidence, over and above the allowances so made 
 to them as attorneys: — 
 
 £ s. d. 
 " Such attorneys may be allowed a sura, not exceeding 6 8 
 " If, in the opinion of the proper officer of the court, 
 such evidence was necessary, and saved the at- 
 tendance of another witness. 
 
 "And whereas it may become necessary, in certain cases, that 
 scientific persons, unacquainted with the facts to be given in evidence 
 upon the prosecution may be required to attend as witnesses, in order 
 to state their opinion on matters of science in issue on such prosecu- 
 tions; and it is reasonable in such cases, that the foregoing rates of 
 allowance should be departed from, I hereby direct that the allowances 
 to be made to such persons shall be subject to the decision of the court 
 before whom such persons may be examined, which may direct such 
 allowances as to such court may appear reasonable. 
 
 " Whenever an interpreter shall be employed to interpret on the part 
 of the prosecution, it shall be competent for the court before whom such 
 interpreter shall be so employed to make him such allowances as to such 
 court shall seem reasonable : Provided always, that this regulation is 
 not to interfere with any regulations in force (where such now exist) 
 for the remuneration of interpreters. 
 
 " In case of the illness or inability of any prosecutor or witness to 
 travel without some special means of conveyance, it shall be lawful for 
 the court to depart from the foregoing rates of allowances, and to 
 make such other allowances as the justice of the case shall require. 
 
 " Under the circumstances herein specified under the head of excep- 
 tions, I authorize a departure from the rules and regulations herein 
 contained, as well by the examining magisti'ate or magistrates as by 
 the courts herein mentioned, except only in the case of an attorney for 
 the prosecution giving evidence : Provided always, that whenever any 
 allowances, hereinbefore authorized under the head of exceptions, shall 
 have been made, the circumstances under which the general rate of 
 allowances shall be departed from shall in all cases be fully specified 
 by the proper officer of the court or magistrate upon the document by 
 which such allowances shall be authorized : And lastly, I do order 
 that, notwithstanding anything herein contained, all lawful rules and 
 regulations heretofore made and in force, under or by reason whereof 
 allowances to a less amount than those hereby authorized are now pay- 
 able in the cases hereinbefore provided for, shall be and remain in as 
 full force and effect as if this order had not been made, and shall con- 
 Digitized by Microsoft® 
 
CHAP. I.] Sect. 8. Of Costs attending Prosecution, ^c. 697 
 
 tinue to apply to the persons and the circumstances thereby provided 
 for, although such persons and circumstances may be comprehended 
 within the terms hereof, and that the said rules and regulations shall 
 so far remain unaffected by this order, and that nothing herein con- 
 tained shall have the effect of increasing the amount of any rates or 
 allowances which may be lawfully made under such rules and regula- 
 tions ; it being the true intent and meaning hereof that such rules and 
 regulations shall be and remain unaltered, further or otherwise than in 
 the reduction of allowances to prosecutors and witnesses where the 
 rates thereof shall be in excess of those herein contained. 
 
 " Given under my hand at Whitehall, the ninth day of February, 
 one thousand eight hundred and fifty-eight. 
 
 " (Signed) G. GREY." 
 
 Forms. 
 
 \ This is to certify, that C. D., the prosecutor, and his wit- Examining 
 
 to wit. i nesses, hereunder named, attended before me the undersigned, magistrate's 
 
 one of her Majesty's justices of the peace for the said \county\ of , certificate of 
 
 at , to give evidence against A. B., accused of felony \ar a certain expenses. 
 
 misdemeanor, to wit, ] : And that, at the request of the said pro- 
 secutor, I have ascertained that the sums of money hereunder set 
 against their names respectively are reasonable and sufficient to reim- 
 burse the said prosecutor and witnesses for the expenses they have 
 severally incurred by reason of attending before me the examining 
 magistrate as atbresaid, and to compensate them for their trouble and 
 loss of time therein, and in otherwise carrying on the said prosecution, 
 in conformity with the rules and regulations in force in that behalf, 
 which sums make together the sum of \j.n words at lengt/i], viz. : — 
 
 £ s. d. £ s. d. 
 To the said prosecutor for his loss of time, 
 
 days and nights . 
 
 For travelling from , mileage , 
 
 railway fare .... 
 
 Justices' clerk's fees paid by him, as per 
 receipt annexed .... 
 
 Constable's fees and expenses paid by 
 him, as per receipt annexed 
 [flere insert other itemsJ\ 
 
 To E. F., a witness, for his attendance during 
 
 days and night . 
 
 For travelling from , mileage , 
 
 railway fare .... 
 
 [Here insert other witnesses in the same 
 way, and if any one is a constable, state 
 the fact.] 
 
 Given under my band, this — =^ day of — — . 1858. 
 
 J. 8. 
 
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698 Indictable Offences. [part ii. 
 
 Order for ex- Central Criminal Court. 
 
 penses of pro- Holden the day of , in the year of our Lord 1858. 
 
 bv'the'ceritral Whereas at the present session hath been prosecuted and tried 
 
 Criminal ''"" *^® offence of : And the prosecutor of the said charge and 
 
 Court. '^■^ witnesses have requested to be reimbursed their lawful expenses in 
 
 that behalf: Now it is hereby ordered that the treasurer of the 
 
 do on sight hereof pay to them the sums of money hereunder set 
 against their names respectively, being sums which to the court appear 
 reasonable and sufficient to reimbui-se them for their said expenses and 
 loss of time in attending here, and in otherwise carrying on the said 
 prosecution in conformity with the rules and regulations in force in 
 that behalf. 
 
 Professional Charges. £ t. d. 
 
 (^In margin) For brief and attendances . . 
 
 Received the several sums set against our respective names. — 
 To the prosecutor. 
 
 For counsel's fees 
 
 For other professional charges, as per schedule in 
 
 margin 
 
 To the said prosecutor for his loss of time, 
 
 days and night 
 
 To the said prosecutor for travelling from , 
 
 mileage , railway fare 
 
 To , a witness, for his attendance during 
 
 days and night 
 
 To the same for travelling from , mileage 
 
 , railway fare 
 
 To the same prosecutor for court fees paid by him 
 
 [Here insert any other allowances not comprised in the fore- 
 going items.'] 
 
 To the same prosecutor and witnesses the amount due 
 to them respectively, as per magistrate's certificate, 
 with accompanying vouchers hereto annexed . 
 
 £ 
 
 To the said treasurer. By the Court. 
 
 Clerk of the said Court. 
 
 Digitized by Microsoft® 
 
PAUT II. 
 
 CHAPTER II. 
 A SYNOPSIS OF INDICTABLE OFFENCES 
 
 AT COMMON LAW AND BY STATUTE. 
 
 The several matters as to procedure, — from the preferring of Preliminary 
 the Charge to the Comraittal of the Accused for Trial or his Observation, 
 being held to Bail, — relative to the Offences in this Chapter, 
 are regulated by the Practice detailed in the preceding Chapter. 
 
 EXPLANATION OF THE COLUMNS. 
 
 "Offence." 
 This is an abstract description of the Offences, which are numbered 
 throughout the Chapter for more convenient reference. 
 
 "Class of Offence, and Statute or Authority." 
 This shows whether the Offence opposite to which it is placed is a 
 Felony (F.) or a Misdemeanor (M.) ; and whether it is created by statute, 
 or sanctioned by what other authority. 
 
 " Page, &c. of Formuhst." 
 The references to numbers and pages here given are to " Oke's Magis- 
 terial Formulist," second edition, where the form of describing the Offence 
 in the Information and Complaint, Summons or Warrant, or other pro- 
 ceeding, is to be found. 
 
 " Where Triable." 
 This is, generally, in conformity to the Act defining the jurisdiction of 
 the Quarter Sessions (5 & 6 Vict. c. 38, ante, pp. 675, 676). Those which 
 are triable at the Sessions can, however, be tried at the Assizes, if the latter 
 takes place first. The general rule as to the place of trial is, that the 
 offender, if tried at the Assizes, must be tried in that county in which he 
 committed the offence ;— or, if tried at the Sessions, he must be tried in like 
 manner in that county, riding, division, city or borough within which the 
 
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700 Indictable Offences. [pabt ir. 
 
 Offence was committed, and for which the Sessions are holden. The in- 
 stances (in addition to tliose shown in the Notes from this Column) of 
 enlargements of the rule, or exceptions to it, will be seen at pp. 12 — 17. 
 
 "As TO Bail." 
 The word "discretionary," opposite an Offence, means that it is discre- 
 tionary with the examining Magistrate to take Bail for the Accused before 
 Committal, and, where he commits, also discretionary whether he will certify 
 his consent to Bail being received by another. The word "compulsory" 
 means that the examining Magistrate must take Bail in these cases if suf- 
 ficient sureties be tendered before Committal, and also that if Accused be 
 committed, he must certify his consent to Bail being received [vide sect 23, 
 ante, pp. 679—682). 
 
 "Punishment." 
 This is an abridged view of the Punishment or other forfeiture imposed 
 by law for the Offence, corrected according to the recent enactments here- 
 after mentioned, — in the case of penal servitude the maximum and minimum 
 term is stated shortly i thus in tit. " Jbduction," where the Punishment is 
 penal servitude for life, or for not less than 7 years, &c., " Pen. serv. life,— 
 3 years," &c. ; — but where it is absolute and certain, it is stated according 
 to the fact, and this is also the case in respect of the period of impri- 
 sonment. 
 Penal ser- The Penal Servitude Act of 1853, 16 & 17 Vict. c. 99, contained, in ss. 1—4, 
 
 vitude. many provisions as to punishment ; and, by s. 4, a scale of terms of penal ser- 
 
 vitude to be awarded instead of the transportation to which any offender would 
 20 & 21 Vict, have been liable if the Act had not passed ; but by the Act of 1857, 20 & 21 
 <=■ 3. Vict. c. 3, ss. 1, 2, 3 and 4 of the 16 & 17 Vict. c. 99, were repealed by s. 1, 
 
 and sentences of transportation abolished and penal servitude substituted; 
 sect. 2 of 20 & 21 Vict c. 3, enacting,—'' After the commencement of this 
 Act, no person shall be sentenced to transportation ; — and any person who, 
 if this Act and the said Act had not been passed, might have been sentenced 
 to transportation, shall, after the commencement of this Act, be liable to be 
 sentenced to be kept in penal servitude for a term of the same duration aa 
 the term of transportation to which such person would have been liable if 
 the said Act and this Act had not been passed ;— and in every case where, 
 at the discretion of the court, one of any two or more terms of transportation 
 might have been awarded, the court shall have the like discretion to award 
 one of any two or more of the terms of penal servitude which are hereby 
 authorized to be awarded instead of such terms of transportation : — Provided 
 always, that any person who might at the discretion of the court have been 
 sentenced either to transportation for any term or to any period of impri- 
 sonment, shall be liable at the discretion of the court to be sentenced either 
 to penal servitude for the same term or to the same period of imprisonment i 
 — and in any case in which before the passing of the said Act sentence of 
 seven years transportation might have been passed, it shall be lawful for 
 the court in its discretion to pass a sentence of penal servitude of not less 
 than three years." 
 Sect 6 also provides that, — " Where in any enactment now in force the 
 
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PART II,] Indictable Offences. 701 
 
 expression ' any crime punisliable with transportation,' or ' any crime 
 punishable by law with transportation,' or any expression of the like im- 
 port, is used, the enactment shall be construed and take elfect as applicable 
 also to any crime punishable with penal servitude." 
 
 For an offence at common law the term is not limited, but the Courts For common 
 seldom, even for ofifences the most aggravated, award a longer imprisonment law offence, 
 than 2 years. 
 
 It is also shown whether the imprisonment may be with hard labour, 
 solitary confinement and whipping, and which of them. 
 
 With reference to some absolute terras of transportation, or those ex- Absolute terms 
 ceeding 7 years, and periods of imprisonment, they are discretionary with "' punishment, 
 the Court under the 9 & 10 Vict. c. 2i, which, by sect 1, after reciting 9 & 10 Vict, 
 that in certain cases of felony the Court is not empowered by law to award u. 24. 
 sentence of transportation for a less period than the term of the offender's Hfe^ 
 or some long term of years ; or sentence of imprisonment for any shorter term 
 than two years ; but It is desirable that some such offenders should suffer 
 transportation or imprisonment for a shorter period respectively, at the dis- 
 cretion of the Court before which they are convicted, enacts, " That in all 
 cases where the Court is now by law empowered or required to award a sen- 
 tence of transportation exceeding seven years, it shall be lawful for such Court, 
 at its discretion, to award a sentence of transportation for a term of years 
 not less than seven years, or to award such sentence of imprisonment for 
 any period not exceeding two years, with or without hard labour, as shall to 
 the Court, in its discretion, appear just under all the circumstances." 
 
 Where hard labour, or solitary confinement, or whipping, or all, is stated. Hard labour, 
 the imprisonment may be with or without all or either of them, in the dis- 
 cretion of the Court pronouncing the judgment, and in some cases is autho- 
 rized by s. 29 of the 14 & 15 Vict. c. 100, which enacts— that " whenever 14 & 15 Vict, 
 any person shall be convicted of any one of the offences following, as an '^^ l"") "■ 29- 
 indictable misdemeanour, that is to say,— any cheat or fraud punishable at 
 common law ;■ — any conspiracy to cheat or defraud, or to extort money or 
 goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert or 
 defeat the course of public justice ; — any escape or rescue from lawful cus- 
 tody on a criminal charge ; —any public and indecent exposure of the person ; 
 — any indecent assault, or any assault occasioning actual bodily harm; — 
 any attempt to have carnal knowledge of a girl under 12 years of age ; — 
 any public selling, or exposing for public sale or to public view, of any ob- 
 scene book, print, picture, or other indecent exhibition i — it shall be lawful 
 for the court to sentence the offender to be imprisoned for any term now 
 warranted by law, and also to be kept to hard labour during the whole or 
 any part of such term of imprisonment." 
 
 With respect to solitary confinement, the 7 Will. 4 & 1 Vict. c. 90, s. 5, Solitary con- 
 enacts, " That it shall not be lawful for any Court to direct that any offender finement. 
 shall be kept in solitary confinement for any longer period than one month 
 at a time, or than three months in the space of one year." 
 
 As to whipping, the punishment is abolished in the case of female offen- Whipping, 
 ders by 1 Geo. 4, c. 57, s. 2 i and the 3rd section of the same statute enacts 
 the power of awarding, in lieu thereof, imprisonment with hard labour for 
 
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702 
 
 Indictable Offences, 
 
 [part II. 
 
 Detention of 
 juvenile offen- 
 ders in a Re- 
 formatory in 
 addition to 
 punishment. 
 
 Convict's li- 
 cence to be at 
 large, and re- 
 voking same. 
 
 not exceeding three nor less than one month, or solitary confinement not 
 exceeding seven days at any one time ; but in the case of male offenders, 
 the whipping may be once, twice or thrice, publicly or privately. 
 
 As to recording the sentence, see 4 Geo. 4, u. 48, ss. t, 2 ; and where the 
 offender is already under sentence, see 7 & 8 Geo. 4, c. 28, s. 10. 
 
 By the 17 & 18 Vict. c. 86, s. 1, offenders under the age of 16 years, 
 sentenced to be imprisoned for fourteen days at the least, may be sent by 
 the court or judge, at the expiration of the sentence, to some reformatory 
 school then [or thereafter, 19 & 20 Vict. ^. 109, ». 1] to be named, the 
 directors of which being willing to receive him ; and the court or judge 
 may change the school for another (19 & 20 Vict. c. 109, s. 2). The 20 & 
 21 Vict. c. 55, s. 8, provides, that where the sentence of detention is passed 
 at the assizes or quarter sessions, the ofiScer of the court is to certify the 
 sentence to the justices of the district from which the offender was com- 
 mitted, who may proceed against the parent to enforce contributions from 
 him towards the offender's maintenance in the reformatory school. Vide 
 a full abstract of these acts, ante, pp. 157 — 165. 
 
 By the 16 & 17 Vict. c. 99, o. 9, her Majesty, by an order in writing 
 under the hand and seal of the secretary of state, may grant to any convict 
 under sentence of transportation, or sentenced to any punishment substi- 
 tuted for transportation 1, a licence to bfi at large in the United Kingdom 
 and the Channel Islands, or in such part thereof as in the licence ex- 
 pressed, during a portion of his term of transportation or imprisonment, 
 and upon such conditions as to her Majesty shall seem fit 2 ; which licence 
 may be altered or revoked by a like order at her M^esty's pleasure. 
 Whilst such licence is in force and unrevoked, the convict is not liable to 
 be imprisoned or transported (s. 10). By s. 11, if the licence be revoked, 
 the secretary of state is by warrant to signify the fact to one of the police 
 magistrates of the metropolis, and to require him to issue his warrant for 
 the apprehension of the convict, and the constable may execute it without 
 indorsement in any part of the United Kingdom or in the Channel Islands ; 
 and when the convict is apprehended, he is to be brought before the magis- 
 trate who issued the warrant, or some other magistrate of the same court, 
 who is to commit him to the prison or place of confinement from which he 
 was released by virtue of his licence [or to any other prison in which con. 
 victs under sentence of penal servitude may be lawfully confined, 20 & 21 
 Vict. c. 3, s. 5], and thereupon the convict is to be remitted to his original 
 sentence, and to undergo the residue thereof as if no such licence had been 
 granted. 
 
 1 It should be observed, that this act and the 20 Sc 21 Vict. c. 3, noticed 
 supra, are, by s. 7 of the latter, " to be read and construed together as one 
 act." 
 
 2 It appears by a letter from the Home OfiBce, which has been published, 
 that the proportions of sentences of penal servitude which " may be re- 
 mitted in cases of good conduct," are as follow; — in a sentence of 3 years, 
 one sixth, or six months ; 4 years, one fifth ; 5 years, the same ; 6 years 
 and up to 12, one fourth ; and 15 years and upwards, one third. Sentences 
 for life are dealt with according to the special circumstances of each case. 
 
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PART II.] Indictable Offences. 703 
 
 "If Costs of Prosecution allowed." — See ante, p. 687. 
 The word " No" signifies that no provision is made for the payment of 
 these Costs, whether in attending the examining Magistrate or the Trial j — 
 the word " Yes" means that the expenses, &o., attending the examining 
 Magistrate as well as the Trial, are allowed. 
 
 EXPLANATION OF ABBREVIATIONS USED. 
 
 F. . . . Felony, 
 
 h. 1. . . . hard labour, 
 
 impr. , . imprisonment. 
 
 M. . . . Misdemeanor, 
 
 not exc. , not exceeding. 
 
 pen. serv. 
 
 penal servitude. 
 
 pen. , . 
 
 penalty. 
 
 s. c. , . 
 
 solitary confinement 
 
 w. . , , 
 
 whipping. 
 
 yrs. . . 
 
 years. 
 
 Digitized by Microsoft® 
 
704 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 ABDUCTION. 
 
 1. Of a woman on account of her fortune;— and every person 
 counselling, aiding or abetting oifender. 
 
 2. Of an unmarried girl under the age of 16 years. 
 
 (See " Child Stealing" post.) 
 
 ABORTION. 
 
 3. Administering to, or causing to be taken by, a woman any 
 
 poison or other noxious thing to procure ; 
 or 
 
 4. Using any instrument or other means with the like intent. 
 
 Accessory after the fact. 
 
 ABROAD, Offences, see ante, pp. 623—626. 
 
 ACCESSORIES. {^Notel.) 
 5. Before the fact to any felony. 
 
 6. After the fact to any felony, not specially provided for (not 
 
 being receivers). 
 
 [^As to accessories after the fact in any particular cases, see 
 the conchision of flie titles.'] 
 
 ACCUSING OF CRIME. 
 
 7. Accusing, or threatening to accuse, another of an abominable 
 
 crime, rape, &c., or any crime punishable with death or 
 transportation, with a view to extort money, &c. 
 
 •»• If the threat was by letter, vide tit. "Letter, Threat- 
 ening," post; if money extorted, see tit " Sodomy," 
 post. 
 
 ADMIRALTY, offences within the jurisdiction of, see ante,-p. 621, 
 and see titles "Piracy" and " Sea, Offences at," post. 
 
 AFFRAY. 
 
 8. Two or more fighting in some public place, to the terror of the 
 
 people {Note 2). 
 
 Clafis of Oflence 
 
 and 
 
 Statute or Authotlty. 
 
 F. 9 Geo. 4, c. 31, 
 s. 19. 
 
 M. Id. s. 20. 
 
 F. 7 Will. 4 & 1 Vict. 
 c 85, ss. 6, 8. 
 
 Id. s. 7. 
 
 F. 7 Geo. 4, c. 64, s. 9, 
 11 & 12 Vict. c. 46, 
 s. 1 {ante, p. 608). 
 
 F. 7 & 8 Geo. 4, c. 28, 
 
 s. 8; 11 & 12 Vict, 
 c. 46, s. 2 {ante, p. 608), 
 
 F. 7 & 8 Geo. 4, c. 28, 
 
 ss.8,9; 7 Will. 4&1 
 
 Viet c. 87, s. 4 ; and 
 
 10 & 11 Vict c. 66, s. 2, 
 
 M. 4 Bl. Coram. 145 ; 
 1 Hawk. c. 63, ». 1. 
 
 1 By statute 14 & 15 Vict. c. 100, s. 15, any number of accessories or receivers may 
 be charged with substantive felonies in the same indictment, notwithstanding the principal 
 felon shall not be included in the same indictment, or shall not be in custody or amenable 
 to justice. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 ABDUCTION-AFFRAY. 
 
 703 
 
 Page» Sec. 
 
 of 
 Formulifit. 
 
 3,4 
 
 No. 1, p. 291 
 No. 2, p. 291. 
 
 Nos. 3, 4, 
 pp. 291, 292. 
 
 Assizes (5 & 6 Vict. 
 c. 38, ante, p. 675). 
 
 Id. 
 
 Discretionary. 
 
 Id. 
 
 7 
 
 Nos. 6, 7, 
 p. 292. 
 
 Nos. 7, 8, 
 p. 292. 
 
 No. 5, p. 292. 
 
 Id. 
 
 Id. 
 
 Assizes (5 & 6 Vict, 
 c. 38, ante, p. 675). 
 
 Nos. 10, 11, 
 p. 292. 
 
 Where principal 
 triable. ' 
 
 Id. 
 
 Sessions. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Pen. serv. life — 3 years ; 
 — or impr. not exc. 4 
 years, h. 1. 
 
 Fine or impr., or both. 
 
 Pen. serv. life — 15 yrs. 
 — or impr. not exc. 3 
 yrs., h. 1. and s. u. 
 
 Impr. not exc. 2 yrs. 
 
 Same as if principal. 
 
 Pen. serv. 7 — 3 yrs.j— 
 or impr. not exc. 2 
 yrs., h. I., s. c. and w. 
 
 Pen. serv. life — 15 yrs. i 
 — or impr. not exc. 3 
 yrs., h. 1. and s. c. 
 
 Compulsory. 
 
 If Costs of 
 
 Proseciitinn 
 
 allowed. 
 
 Fine or impr., or both. 
 
 Yes. 
 
 Yes (14 
 & 15 Vict. 
 c. 55, s. 2). 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 No. 
 
 2 The parties may, instead of being committed for trial for the affray, or an assault, or 
 an indictment preferred against them in the first instance, be bound over to keep the peace 
 (see title " Prize Fights," post, Part III.). 
 
 O.S. 
 
 z z 
 
 Digitized by Microsoft® 
 
706 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Claas of Offence 
 
 and 
 
 Statute or authority. 
 
 AGENTS. 
 
 9. Embezzlement by banker, merchant, broker, attorney or other 
 agent, of money, securities or proceeds, or of stock, &c. 
 contrary to directions in writing ; — or by factor or agents 
 entrusted with goods or merchandize for sale, or bill of 
 lading, &c. [ Vide the exceptions to these offences, ss. SO, 
 52.] 
 
 10. Agent making consignment, &c., by way of pledge, contrary 
 to instructions of principal, — or any clerk, &c. assisting. 
 [See title "Fraudulent Trustees," fost.^ 
 
 AIDERS AND ABETTORS, see ".<!fcccssories." 
 
 APPRENTICE. 
 
 11. Master ill-treating a parish apprentice. 
 
 [Sfee "Servants," post.'] 
 
 ARMS. 
 
 12. Training to the use of;— or aiding or assisting therein j— or 
 
 present for the purpose of being trained ; — or being trained 
 [Mem. The prosecution is to he commenced within 6 eal. m. 
 (s. 7).] 
 
 ARSON. 
 
 13. Setting fire to any dwelling-house, any person being therein. 
 
 14. Setting fire to any church or chapel, or dissenting chapel ;— 
 
 or any house, stable, coachhouse or outhouse, warehouse, 
 shop, office, mill, malthouse, hopoast, barn or granary, — or 
 to any erection or building used in trade. 
 
 15. Setting fire to, casting away, or in anywise destroying any 
 
 ship or vessel, with intent to murder, &c. 
 
 16. Setting fire to or destroying ship or vessel, whether incomplete 
 or not, or with intent to prejudice owner or goods, &c. 
 
 17. Setting fire to any mine of coal or cannel coal. 
 
 18. Setting fire to any stack of corn, grain, pulse, tares, straw, 
 
 haulm, stubble, furze, heath, fern, hay, turf, peat, coals, 
 charcoal nr wood, — or any steer of wood. 
 
 19. Setting fire to any crop of corn, grain or pulse, whether stand- 
 
 ing or cut down, — or to any part of a wood, coppice or 
 plantation, — or to any heath, gorse, furze or fern, whereso- 
 ever growing. 
 
 20. 
 
 Setting fire to her Majesty's vessels of war, &c. 
 
 M. 7 & 8 Geo. 4, c. 29, 
 ss. 49, '61. 
 
 M. 6 & 6 Vict c. 39, 
 s. 6. 
 
 M. 32 Geo. S, c. 57, 
 s. 11. 
 
 M. 60Geo.3 8ilGeo,4, 
 c. 1, s. 1. 
 
 F. 7 Will. 4 & 1 Vict. 
 c. 89, s. 2. 
 
 F. Id. ». 3. 
 
 Id. s. 4. 
 
 Id. 8. 6. 
 
 Id. s. 9. 
 Id. s. 10. 
 
 F. 7 & 8 Geo. 4, c. 30, 
 B. 17. 
 
 F. 12 Geo. 3, c. 24, s. 1. 
 
 Digitized by Microsoft® 
 
Chap, ii.] 
 
 AGENTS— ARSON. 
 
 707 
 
 10 
 
 Page, Sec 
 
 of . 
 FormuUst. 
 
 11 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 18 
 
 19 
 20 
 
 Nos. 12, 13, 
 p. 292. 
 
 Nos. 14, IS, 
 p. 293. 
 
 Sessions. 
 
 Id. 
 
 Compulsory. 
 
 Id. 
 
 Pen. serv. not exc. 14 
 — 3 yrs. ; — or fine or 
 impr. (with h. 1. and 
 s. c), or both. 
 
 The same. 
 
 If Costa of 
 
 ProsecutloQ 
 
 allowed. 
 
 Na 
 
 No. 
 
 No. 25, p. 75. 
 
 Nos. 16—19, 
 pp. 293, 294. 
 
 No. 20, p. 294. 
 
 Nos. 21, 22, 
 p. 294. 
 
 No. 23, p. 294. 
 
 Nos. 24, 25, 
 p. 295. 
 
 No. 26, p. 295. 
 No. 27, p. 295. 
 
 Nos. 2'8, 29, 
 p'. 295. 
 
 No. 30, p. 295. 
 
 Id. 
 
 Assizes (5 & 6 Vict. 
 c. 38, ante, p. 675). 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Discretionary. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Fine or impr., or both. 
 
 Pen. serv. 7 — 3 yrs. i— 
 or fine, or impr. not 
 exc. 2 yrs., or both. 
 
 Death. [Sentence re- 
 corded, 4 Geo. 4, 0. 48, 
 
 Pen. serv. life — 15 yrs. 
 — or impr. not exc. 3 
 yrs., h. 1., s. c. and w. 
 
 Death. [Sentence re- 
 corded, 4 Geo. 4, c. 48, 
 
 S.I.] 
 
 Pen. serv. life — 15 yrs. ; 
 — or impr. not exc. 3 
 yrs., h. 1., s. c. and w. 
 
 The same. 
 
 The same. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. not exc. 2 
 yrs., h. 1., B. c. and w. 
 
 Yes 
 (see s. 1 1 ). 
 
 No. 
 
 Yes. 
 
 Death. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 zz2 
 
 Digitized by Microsoft® 
 
708 
 
 Indictable Offences, 
 
 [part II. 
 
 OFFENCE. 
 
 Class of Offeoce 
 
 and 
 
 Sutute or Authority. 
 
 ARSON — continued. 
 
 21. Setting fire to the works or vessels lying in dock. 
 
 22. Setting fire to any hovel, shed or fold, — or any farm hnilding, 
 
 or any building or erection used in farming land, — with 
 intent to injure or defraud any person ; • 
 
 23. Or to any hay, straw, wood, or other vegetable produce in any 
 
 farm house or farm building, — or to any implement of hus- 
 bandry therein, — with intent to set fire to same, &c. 
 
 24. Placing or throwing in, into, upon, against or near any build- 
 
 ing any gunpowder or other explosive substance with intent 
 to damage or destroy same, whether or not any explosion 
 take place, &c. 
 
 25. Attempting by any overt act to set fire to any building, vessel 
 
 or mine, — or to any stack or steer, — or to any vegetable 
 produce of such kind,— and with such intent, that if the 
 offence were complete the offender would be guilty of 
 felony, shall, although such building, &c. be not actually 
 set on fire, be guilty of felony. 
 
 26. Knowingly having in his possession,— or making or manufac- 
 
 turing, — any gunpowder, explosive substance, — or any dan- 
 gerous or noxious thing, — or any machine, engine, instru- 
 ment or thing, — with intent by means thereof to commit, — 
 or for the purpose of enabling any other person to commit, 
 — any offence against this act. 
 
 Accessories after the fact. 
 
 27. Setting fire to any station, enginehouse, warehouse, or other 
 building belonging to or appertaining to any railway, dock, 
 canal or other navigation. 
 
 F. 39 Geo. 3, c. 69, s. 1, 
 
 F. 7 & 8 Vict. c. 62, 
 s. 1. 
 
 Id. 
 
 9 & 10 Vict. c. 25, 
 s. 6 {Note 3). 
 
 28. Setting fire to any goods or chattels being in any building, 
 
 the setting fire to which is made felony by this or any 
 other act. 
 
 ASSAULT. 
 
 29. Shooting at any person, — attempting to discharge loaded 
 
 arms, — or stabbing, cutting or wounding any person, — 
 
 with intent to maim, disfigure, disable, — or to do some 
 
 grievous bodily harm, — or to prevent the lawful appre 
 
 hension or detainer of any person. 
 
 Id.s. 7. 
 
 M. Id. s. 8 (.Note 4). 
 
 F. 7 Will. 4 8s 1 Vict 
 
 c. 89, s. 11, and 
 9 8s 10 Vict. c. 25, s. 10. 
 
 H & 15 Vict. t. 19, 
 
 S.S. 
 
 Id. 
 
 7 Will 4 8e1 Vict. 
 t. 85, s. 4. 
 
 3 Apprehension without Warrant,'] By sect 13, any constable or peace ofiicer may take 
 into custody without a warrant any person whom he shall find laying or loitering in any 
 highway, yard, or other place during the night, and whom he shall have good cause to suspect 
 of having committed or being abciut to commit any felony under this act, and to detain 
 such person and bring him before a justice ; but he cannot be detained after noon of the 
 following day without being brought before a justice (s. 14). 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 ARSON— ASSAULT. 
 
 709 
 
 Page, &c. 
 
 or 
 FormuliBt. 
 
 21 No. 30, p. 295. 
 
 22 No. 31, p. 295. 
 
 23 No. 32, p. 295. 
 
 24 No. 86, p. 297. 
 
 25 
 
 26 
 
 27 
 
 28 
 
 29 
 
 No. 35, p. 296. 
 
 No. 36 a, 
 p. 297. 
 
 No. 38, p. 297. 
 
 No. 39, p. 297, 
 
 No. 40, p. 298. 
 
 Assizes (5 8f 6 Vict, 
 c. 38, ante, p. 675). 
 
 lA 
 
 Id. 
 
 Assizes (s. 15). 
 
 Id. 
 
 Id. 
 
 As to Ban. 
 
 Id. 
 
 Assizes (5 & 6 Vict. 
 c. 38, ante, p. 675). 
 
 Id. 
 
 Id. 
 
 Discretionary 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Compulsory. 
 
 PuQiBhment. 
 
 Discretionary. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Death. 
 
 Pen. serv. life — 15yrs. ; 
 — or impr. not exc. 3 
 yrs., h. 1., 8. c. and w. 
 
 The same. 
 
 Pen. serv. for not exc. 
 15 yrs. ; — or impr. not 
 exc. 2 years. 
 
 The same. 
 
 Impr. not exc. 2 years. 
 
 Impr., with h. 1. and s. c. 
 for not exc. 2 years. 
 
 Pen. serv. life— 3 yrs. ; 
 — or impr. and h. 1. 
 for not exc. 3 years. 
 
 Pen. serv. 10—3 years ; 
 — or impr. and h. 1. 
 for not exc. 3 years. 
 
 Pen. serv. life — 15 yrs. ; 
 —or impr. not exc. 3 
 years, h. 1., s. c. (see 
 Note 5). 
 
 If Costs of 
 
 Proseciitioa 
 
 allowed. 
 
 Yes. 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 No. 
 Yes. 
 
 Yes 
 (s. 14). 
 
 Id. 
 
 Yes. 
 
 4 Search Warrant.'] By sect. 12, a justice, on cause assigned upon oath, may grant a 
 warrant to search any house, shop, cellar, yard or other place in which any gunpowder or 
 other explosive, dangerous or noxious suhstance is suspected to be made or kept, for the 
 purpose of being used in committing any offence under the act. Vide Forms of Information 
 and Search-warrant, Nos. 33, 34, p. 296, Oke's " Formulist," 2nd edit. 
 
 5 Emctment.-] By s. S of 14 & IS Vict. c. 19, if upon the trial of an indictment for 
 
 Digitized by Microsoft® 
 
710 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Class of Offence 
 
 ' and 
 
 Statute or Authoritr, 
 
 A SSAULT— con«««crf. 
 
 30. Unlawfully and maliciously inflicting upon any other person, 
 either with or without any weapon or instrument, any 
 grievous bodily harm, — or uhlawfully and maliciously cut- 
 ting, stabbing or wounding any other person. 
 
 31. Sending, &c. explosive substance, &c., — or throwing corrosive 
 fluid, &c. upon any person, — ^with intent to burn, maim, 
 &c. (see Ofienoe 46, infra). 
 
 32. Impeding persons endeavouring to escape from wrecks. 
 
 33. Trespassers beating or wounding a 4^erkeeper. 
 
 [See further " Game (Night Poaching)," post, Offence 
 No. 165.] 
 
 34. Assaulting any person mth intent to rob [if with another 
 
 person, armed, &c. see Offence No, 200, title " Larceny,' 
 post}. 
 
 35. Common assault or battery. [Tie court will not pass judgment 
 
 for an assault during the pendency of an action for the same 
 assault, R. v. Mahon, 4 Ad. & Ell. 575.] 
 
 Assaulting, and striking or wounding any magistrate, ofScer 
 or other person, in preserving a wreck. 
 
 37. Assault with intent to commit a felony, [or a rape, or unna- 
 tural offence ; — or an indecent assault (14 & 15 Vict c. 100, 
 ». 29).] 
 
 38. On peace ofBcer or revenue ofiicer [or ofllcer of a workh,ouse 
 or relieving officer, 13 & 14 Vict. 1. 101, s. 9] on duty, — 
 or any person acting in his aid. 
 
 39. Upon any "officer" of a union [14 & 15 Vict. c. 105, s. 18, 
 
 for which see Note 207i «"*«; P- 444]. 
 
 40. On person, with intent to resist or prevent the lawful appre- 
 
 hension or detainer by them. 
 
 41. In pursuance of any conspiracy to raise the rate of wages. 
 
 42. On special or county constable, — or promoting or encouraging 
 
 another so to do. 
 
 M. 14 & IS Vict. c. 19, 
 
 s. 4, 
 
 F. 7 Will. 4 & 1 Vict 
 c. 85, !j, 5* 
 
 F. 7 Will. 4 & 1 Vict 
 c. 89, s. 7. 
 
 F. 7 8i 8 Geo. 4, c. 29. 
 e. 29. 
 
 F. 7 Will. 4 & 1 Vict. 
 1^ 87, s. 6. 
 
 M. Arch. Crim. PI. by 
 Welsby,12thed.p.523. 
 
 M. 9 Geo. 4, c. 31, 
 
 s. 24. 
 
 Id. ». 25. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 M. 1 St, 2 Will. 4, c. 41, 
 
 s. 11; and 2 &S Vict 
 
 c. 93, s. 8. 
 
 these offences the jury are not satisfied the defendant is guilty of the felony charged, they 
 may find him guilty of a misdemeanor in unlawfully cutting, stabbing or wounding, and 
 
 Digitized by Microsoft® ■ 
 
CHAP, II.] 
 
 ASSAULT. 
 
 711 
 
 30 
 
 31 
 
 82 
 
 Page, &c. 
 of 
 
 Formulut. 
 
 If Costs of 
 
 PrOGCCUtiOQ 
 
 ajlowed. 
 
 34 
 
 35 
 
 37 
 
 381 
 391 
 
 40 
 
 41 
 
 42 
 
 No. 41, p. 298. 
 
 Nos. 42, 43, 
 p. 298. c, 
 
 No. 44, p. 298. 
 No. 45, p. 298. 
 
 No. 46, p. 299. 
 No. 47, p. 299. 
 
 No. 48, p. 299. 
 
 Nos. 49—53, 
 p. 299. 
 
 No. 54, p. 299. 
 
 Sessions. 
 
 Discretionary. 
 
 (5 & 6 Vict. Id. 
 
 I, OBfe, p. 675). 
 
 No. 55, p. 299. 
 
 No. 56, p. 299, 
 No. 57, p. 300. 
 
 14 
 
 Sessions. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Compulsory. 
 Discretionary, 
 
 Id. 
 
 Impr. and h. 1. not exc, 
 3 years. 
 
 Pen. serv. life— 15 yrs. j 
 — or impr. not exc. 
 3 years, h. L, s. c, 
 (see Note 5). 
 
 The same. 
 
 Same as simple larceny. 
 f. e. impr. not exc. 2 
 yrs., h. 1., s. t. and w. 
 
 Imp. not exc. 3 years, 
 h. 1. and s. c 
 
 Id. 
 
 Id. 
 Id. 
 
 Fine and impr. [with 
 h. 1. if actual bodily 
 harm occasioned, 14 
 & 15 Vict. c. 100, s. 
 29] or both. 
 
 Pen. serv. 7 — 3 years ; — 
 or impr., with h.L, as 
 court shall award. 
 
 Impr. and h. L not exc, 
 2 yrs., also fine and 
 sureties to keep the 
 peace. 
 
 The same. 
 
 Yes (s. 14). 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 The same. 
 
 The same. 
 The same. 
 
 he would be punished as Offence 30, mpra, under s. 4 of the 
 
 Yes (14 
 & 15 Vict, 
 c. 55, s. 3). 
 
 No. 
 
 Yes(14& 
 15 Vict. 
 . 55, s. 2). 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 same act. 
 
 Digitized by Microsoft® 
 
712 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 ASSAULT— continued. 
 
 43. Any person liable to be apprehended under 14 & 15 Vict. 
 
 c. 19, assaulting or offering any violence to any person by 
 law authorized to apprehend and detain him, — or to any 
 person acting in his aid or assistance {Note Q). 
 
 ATTEMPTS TO MURDER, &c. 
 
 44. Administering poison or other destructive thing, — or stabbing, 
 
 cutting, or wounding, — or causing bodily injury, — with in 
 tent to commit murder. 
 
 45. Attempting to administer poison, &c. — or shooting at, &c.— 
 
 or attempting to drown, suffocate or strangle, — with intent 
 to murder. 
 
 46. By the explosion of gunpowder or other explosive substances, 
 
 destroying any building, with intent to murder, &c., 
 disabling, or doing grievous bodily harm to any person. 
 
 Accessories after the fact, under 7 Will. 4 & 1 Vict, c.85, and 
 9 & 10 Vict. .;. 25. 
 
 47. Unlawfully applying or administering, — or attempting to apply 
 
 or administer, — to any other person any chloroform, lauda 
 num, or other stupifying or overpowering drug, matter or 
 thing, with intent thereby to enable such offender or any 
 other person to commit, — or with intent to assist such 
 offender or other person in committing, — any felony. 
 
 ATTEMPTS TO COMMIT CRIMES (Note t). 
 
 48. To commit felony, at common law. 
 
 49. To have carnal knowledge of a girl under twelve. 
 
 50. To commit a misdemeanor, whether statutable or at common 
 
 law. 
 
 ' BANKERS. 
 
 51. If any person, being a member of any banking copartnership 
 
 within the meaning of 1 & 2 Vict. c. 96, or of any other 
 banking copartnership consisting of more than six persons, 
 formed under 3 & 4 Will. 4, c. 98,— shall steal or embezzle 
 any money, goods, effects, bills, notes, securities or other 
 property of or belonging to any such co-partnership, 
 or 
 
 52. Shall commit any fraud, forgery, crime or offence, against or 
 
 with intent to'injure or defraud any such copartnership. 
 [See tit. "Fraudulent Trustees," post.'] 
 
 Class of Offence 
 
 &ad 
 
 Statute or Authority. 
 
 M. 14 & 15 Vict, 
 c. 19, s. 12. 
 
 F. 7 Will. 4 & 1 Vict 
 c. 85, s. 2. 
 
 Id. s. 3. 
 
 F. 9 & 10 Vict. c. 25, 
 ss. 2, 3, 4, 6. 
 
 F. Id. ss. 7, 10. 
 
 F. 14 & 15 Vict 
 v;. 19, s. 3. 
 
 M. ] Burn's Jus. 314. 
 
 M. Rodrick's case, 
 7 Car. & P. 795. 
 
 3 & 4 Vict. c. Ill, s. 2, 
 
 (act made perpetual by 
 
 5 & 6 Vict. c. 85). 
 
 6 Apprehension of Offenders under 14 8f 15 Viet. c. 19.] By sect 10, any P!""" ''^*'; 
 soever may apprehend any person found committing any offence against this act, a 
 convey him, or deliver him to some constable or other peace officer in order to his Being 
 conveyed before a justice. 
 
 7 By 14 & 15 Vict. c. 100, s. 9, if on the trial of a person charged with any felony or 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 ASSAULT— BANKERS. 
 
 713 
 
 
 Page. Bcc 
 of 
 
 Formulist. 
 
 Where triable. 
 
 As to BaU. 
 
 Punlshmeat. 
 
 IfCoBtaof 
 
 ProBecutloD 
 
 allowed. 
 
 43 
 
 No. 58, p. 300. 
 
 Sessions. 
 
 Discretionary. 
 
 Impr. and h. 1. not exc. 
 S years. 
 
 yes(s.l4). 
 
 44 
 
 No. 60, p. 300. 
 
 Assizes (5 & 6 Vict, 
 c. 38, ante, p. 675). 
 
 Id. 
 
 Death [sentence re- 
 corded, 4 Geo. 4, c. 
 48, s. 1]. 
 
 Yes. 
 
 45 
 
 No. 61, p. 300. 
 
 Id. 
 
 Id. 
 
 Pen. serv. life — IS yrs. j 
 — or impr. not exc. 3 
 yrs., h. 1. and s. u. 
 
 Yes. 
 
 46 
 
 Nos. 62—65, 
 p. 301. 
 
 Assizes (s. 15). 
 
 Id. 
 
 The same, and whip- 
 ping, if a male under 
 18 (s. 9). 
 
 Yes. 
 
 ••, 
 
 •• 
 
 Assizes or Sessions. 
 
 Id. 
 
 Impr., h. 1. and s. t., for 
 not exc. 2 yrs., and w. 
 
 Yes. 
 
 47 
 
 No. 66, p. 301. 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675). 
 
 
 Pen. serv. life— 3 years ; 
 — or impr. and h 1. 
 for not exc. 3 years. 
 
 Yes(s.l4). 
 
 48 
 
 No. 67, p. 301. 
 
 Sessions. 
 
 Discretionary. 
 
 Fine or impr., or hoth, 
 and h. 1, 
 
 Yes (14 
 & 15 Vict, 
 c. 55, s. 2). 
 
 49 
 
 •• 
 
 Id. 
 
 Compulsory. 
 
 Thesame(14&15Vict. 
 i:. 100, s. 29). 
 
 No. 
 
 50 
 
 No. 68, p. 301. 
 
 Id. 
 
 Id. 
 
 Fine or impr., or both. 
 
 No. 
 
 51? 
 52 J 
 
 
 
 
 Liable to indictment in 
 the name of any of- 
 ficer of the copart- 
 nership, and to be 
 convicted as if of- 
 fender had not been 
 a member. 
 
 
 misdemeanor it shall appear to the jury upon the evidence that the defendant did not 
 complete the offence charged, he is not to be acquitted, but the jury may find him guilty 
 of the attempt, and he is liable to be punished as if convicted of the felony or misdemeanor 
 charged. 
 
 Digitized by Microsoft® 
 
714 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 BANKRUPTS. 
 
 S3. Not surrendering J — not discovering all his estate ;— not deli- 
 vering up books, estate, &c. ; — or removing, or concealing 
 or embezzling same to value of jglO or upwards. 
 
 54. Destroying or falsifying books, &c. 
 
 55. Within 3 months preceding his bankruptcy obtaining goods 
 
 on credit under false pretence of dealing in the ordinary 
 course of trade. 
 
 56. Bankrupt or his wife, or any other person, giving false evi- 
 
 dence. 
 
 BAWDY HOUSE. See " Disorderly House," pout. 
 
 BESTIALITY. See " Sodomy," post. 
 
 BETTING HOUSES. See " Gaming House," post. 
 
 BIGAMY. 
 
 57. Married person marrying another in the lifetime of former 
 
 husband or wife, whether the second marriage took place 
 in England or elsewhere ; — or person counselling, aiding 
 or abetting ofifence. 
 
 BLASPHEMY. 
 
 58. Publishing blasphemous libels. 
 
 [See Stat. 9 ^ 10 Will. 3, c. 32, s«. 1, 2 and 3 hereon.} 
 
 BRIBERY. 
 
 59. Receiving or offering any undue reward, by or to any person 
 
 whatsoever, whose ordinary profession or business relates 
 to the administration of public justice, or public govern- 
 ment [or any other person. Arch. Cr. PI. 664]. 
 , [See Corrupt Practices at Elections Act, \T Sf \& Fict. 
 
 c. 102, which is continued till XQth August, 1857, and to 
 the end of the then next session (f- parliament, by 19 4* 20 
 Vict. c. 84.] 
 
 BURGLARY {Note U). 
 
 60. Entering a dwelling-house by night with intent to commit 
 
 felony; — or entering a dwelling-house by night and steal- 
 ing therein ; — or being therein and committing a felony, 
 and breaking out in the night time ; — or entering and 
 breaking out in the night time without committing a felony. 
 
 Clam of Offence 
 
 and 
 
 statute or Authority. 
 
 F. 12 & 13 Vict 
 .;. 106, s. 251. 
 
 M. Id. s. 252, 
 
 M. Id. s. 253. 
 
 M. Id. =. 254. 
 
 F. 9 Geo. 4, c. 31, 
 s. 22. 
 
 M. 1 Hawk. c. 5, 0.2: 
 u. 3, ss. I, 3. 
 
 M. 1 Hawk. c. 27, s. 2, 
 
 p. 415, 8th ed. by 
 Curwood ; 3 Inst. 147. 
 
 F. 7 & 8 Geo. 4, o. 29, 
 ». 11. 
 
 8 Venue.'\ For the offence of not surrendering, the defendant must be indicted, in the 
 county in which the court sits at which he ought to have surrendered {Reg. v. Mihner, 2 C. 
 & K. 310). 
 
 9 Costs of Prosecution.'] By s. 255 of the act 12 8c 13 Vict. c. 106, the court may direct 
 the prosecution of the bankrupt by the assignees for these offences, and the costs to be paid 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 BANKRUPTS-BURGLARY. 
 
 715 
 
 S3 
 
 54 
 55 
 
 56 
 
 Pjge.ic. 
 
 of 
 FormuIiBt. 
 
 57 
 
 58 
 
 59 
 
 Nos. 69—72, 
 p. 302. 
 
 No. 73, p. 302. 
 
 Nos. 74, 75, 
 pp. 302, 303. 
 
 Assizes (5 & 6 Vict 
 
 c. 3$, an(e,'p. 675, 
 
 Note 8). 
 
 (5 & 6 Vict 
 c. 38). 
 
 Id. 
 
 60 
 
 No. 76, p. 303. 
 
 No. 77, p. 303. 
 
 Nos. 78, 79, 
 p. 303. 
 
 Id. 
 
 Discretionary, 
 
 Nos. 80, 83, 
 p. 304. 
 
 Assizes (5 & 6 Vict 
 
 c. 38,.ante, p. 675, 
 
 Note 10). 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675) 
 
 Id. 
 
 Discretionary, 
 
 Compulsory. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Compulsory. 
 
 Id. 
 
 Discretionary, 
 
 Pen. serv. 7 — 3 years; 
 — or impr. and h. 1. 
 for not exc. 2 years. 
 
 Fine and irapr. (Arch. 
 Cr. PI. by Welsby, 
 12th ed., p. 615). 
 
 Fine and impr. (Arch 
 Cr. PI. by Welsby, 
 12th ed. p. 664). 
 
 Pen. serv. life — 10 yrs. 
 — or impr. not exc. , 
 yrs., h. 1. and s. c. 
 
 If Costs of 
 
 Prosecution 
 
 allowed. 
 
 (See 
 Note 90 
 
 Pen. serv. life — 3 yrs. i 
 or impr. and h. I. for 
 not exc. 7 years [see 
 9 & 10 Vict c. 24, s, 
 1, ante, p. 701]. 
 
 Impr. and h. 1. not exc. 
 3 year^. 
 
 Impr. and h. I. not exc, 
 2 years. 
 
 Same as " Perjury," Id. 
 post. 
 
 out of the Chief Registrar's Account Fund ; and if they decline, the official assienee mav 
 do It at the reciuest of the creditors. * ' 
 
 • ^■.^"'?^-] ^^ ** county in which the offender was apprehended, or is in custodv or 
 m which the second marriage took place. 
 11 What it Burglary— Night time— Verdict.'] Burglary at common law is the breaking 
 
 Digitized by Microsoft® 
 
716 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 class of pFence 
 
 arid 
 
 Statate or Authority. 
 
 BURGLARY — continued. 
 
 61. The like (as No. 60, supra), and assaulting, with intent to 
 
 murder, any person therein, or stabbing, cutting, wounding, 
 hurting or striking any person. 
 (See " Housebreaking," post.) 
 
 CARNALLY KNOWING FEMALE CHILDREN. 
 
 62. Unlawfully and carnally know and abuse any girl under the 
 
 age of 10 years. 
 
 F. 7 Will. 4 & 1 Vict, 
 c. 86, s. 2. 
 
 F. 9 Geo. 4, c. 31, s. 17 
 
 63. The like, any girl, being above the age of 10, and under the 
 
 age of 12 years. 
 
 (See "Assault," Offence 37, and " Rape," post.) 
 
 CATTLE. 
 
 64. Stealing any horse, mare, gelding, colt or filly, or any bull, 
 
 cow, ox, heifer or calf, or any ram, ewe, sheep or lamb;— 
 or wilfully killing same, with intent to steal the carcase or 
 skin, or any part thereof. 
 
 65. Maliciously killing, maiming or wounding any cattle. 
 
 CHALLENGE. 
 
 66. Provoking to fight or send a challenge,— sending a challenge,— 
 
 or taking same. 
 
 CHEATING. 
 
 67. As selling by false weights, &c. (see 2 Russ. 275, 286). 
 
 (See " Conspiracies," " False Pretences" and " Gaming," post.) 
 
 CHILD STEALING. 
 
 68. By force or fraud, taking or decoying away, &c. any child 
 
 under 10 years of age, with intent to steal apparel, &c. ; — 
 or knowingly receiving or harbouring such child. 
 
 CHURCH OR MEETING HOUSE {Note 13). 
 
 69 . Disquieting or disturbing, or misusing any preacher or teacher 
 
 of any congregation, in any cathedral or parish church, 
 chapel or other congregation permitted by Toleration Act. 
 
 M. Id. 
 
 F. 7 & 8 Geo. i, c. 29, 
 s. 25. 
 
 F. Id. c. 30, B. 16. 
 
 M. 1 Hawk. c. 63, s. 3. 
 
 M. Com. Law. 
 
 F. 9Geo.4,c. 31,8.21. 
 
 M. 1 Will. & M. c. 18, 
 S.18. 
 
 and entering the dwelling-house of another in the night with intent to commit felony 
 therein (4 Bl. Com. 224'; 3 Inst. 63), and is extended by the statute 7 8c 8 Geo. 4, c. 29, 
 s. 11, as supra. Any building within the same curtilage with the dwelling-house, and 
 occupied therewith, shall be deemed to be part of such dwelling-house for the purpose of 
 burglary, if there be a communication between such building and dwelling-house, either 
 immediate, or by means of a covered and inclosed passage leading from one to the other 
 (7 8j 8 Geo. 4, .^. 29, ». 13). The night time, so far as is essential to this crime, is declared 
 
 Digitized by Microsoft® 
 
CHAP. II.] BURGLARY— CHURCH OR MEETING HOUSE. 717 
 
 Page, &c 
 
 of 
 Formulist. 
 
 No. 81, p. SOI. 
 
 No. 85, p. 304. 
 
 No. 86, p. 304. 
 
 Nos. 87—89, 
 p. 305. 
 
 No. 89, p. 305 
 
 Assizes (5 & 6 Vict, 
 c. 38, ante, p. 675). 
 
 Assizes (4 & 5 Vict 
 c. 36, s. 6). 
 
 Sessions. 
 
 Discretionaiy. 
 
 Sessions (Note 12). 
 
 Sessions. 
 
 Nos. 90-92, Id. (see Note 37, 
 p. 305. pott). 
 
 Id. 
 
 Nos. 93, 94, 
 pp. 305, 306. 
 
 No. 95, p. 306. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Compulsory. 
 
 Discretionar;. 
 
 Id. 
 
 Compulsory. 
 
 Id. 
 
 Discretionary. 
 
 Compulsory 
 {NotelZ). 
 
 Death. [Sentence may Yes. 
 be recorded, 4 Geo. 4, 
 c. 48, s. 1.] 
 
 Pen.serT. forlife(4& S Tes. 
 ^"ict. c. 36, s. 3)— S 
 years ; — or impr. and 
 h. I. not esc 2 years 
 (9 & 10 Vict. c. 24, 
 s. 1, m/e, p. 701). 
 
 Impr. with h. 1. forsachlYes (14 & 
 term as court shall 15 Vict, 
 award. e. 55, s. 2). 
 
 If Coals of 
 
 ProAecutlon 
 
 allowed. 
 
 Pen. SOT. 15—10 tts. ; 
 — or impr. not exc. 3 
 yrs., h. L and s. c 
 
 The same. 
 
 Fine, or impr., or both 
 (see R. T. PhtOipi, 6 
 East,464> 
 
 Fine or impr. (with h. 1., 
 14 & 15 Vict c 100, 
 B.29). 
 
 Pen. serv. 7 — 3 yrs.;— 
 or impr. not exc. 2 
 years, h. L and w. 
 
 Pen. £20 on each of- 
 fender. 
 
 Tes. 
 
 Yes. 
 
 Xo. 
 
 Xo. 
 
 Yes. 
 
 No. 
 
 to commence at nine p. m., and to conclude at six a. m. (7 Will. 4 & 1 Vict <■ Sfi . i^ 
 
 Digitized by Microsoft® 
 
718 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Cla^e of Otfence 
 ^ Statute or Autliialty. ... 
 
 CHURCH OR MEETING B.OVSE—cmtmued. 
 
 
 70. The like at common law (and see 2 & 3 Edw. 6, c. 1, s. 2 ; 
 1 Mary, sess. 2, c. 3, ss. 2, 3 ; 1 Eliz. i>. 2, s. 9). 
 
 •• 
 
 71. The like, Dissenters [Roman Catholics, 31 Geo. 3, c. 33, 
 s. 10 ; and Jews, and all other lawful congregations, 9 & 10 
 Vict. c. 59, s. 4 i 15 & 16 Vict. c. 36]. See Note 14- 
 (See " Sacrilege," post.) 
 
 M. 52 Geo. 3, c. 155, 
 
 8.12. 
 
 CLERGYMEN. 
 
 
 72. Arresting on way to or during the service. 
 
 M. 9 Geo. 4, c. 31,6.23. 
 
 COIN {Notes 15 and 16). 
 
 73. Counterfeiting gold or silver coin. 
 
 F. 2 Will. 4, c. 34, 
 ss. 3, 4. 
 
 74. Impairing gold or silver coin. 
 
 Id. s. 5. 
 
 75. Buying, selling, or importing counterfeit coin. 
 
 Id. s. 6. 
 
 76. Uttering counterfeit gold or silver coin. 
 
 M. Id. ». 7. 
 
 Second offence. 
 
 F. Id. 
 
 77. Uttering counterfeit gold or silver coin, and then having 
 others In possession. 
 
 M. Id. 
 
 Second offence. 
 
 F. Id. 
 
 78. Uttering same twice within ten days. 
 
 M. Id. 
 
 Second offence. 
 
 F. Id. 
 
 79. Having possession of counterfeit coin with intent to utter 
 same. 
 
 M. Id. s. 8. 
 
 Second offence. 
 
 F. Id. 
 
 before any justice by two or more credible witnesses, the offender is to find two sureties, 
 to be bound by recognizances in the penal sum of s650, to answer for the offence, and m 
 default to be committed to prison tjU the next general or quarter sessions. The deposi- 
 tions should be taken in the ordinary way, and transmitted to the sessions with the pro- 
 secutor's recognizances. See also tit. " ChurcH," ante, p. 268, and 18 & 19 Vict. c. 86, tit. 
 "Dissenters," ante, p. 280, Note 82- 
 
 14 This provision of the 52 Geo. 3, c. 155, s. 12, is not applicable to churches or 
 chapels of the Church of England ( Carr v. Marsh, 2 Phill. 203 ; 14 J. P. 62). 
 
 15 Search Warrant.^ A search warrant may he granted by a justice for counterfeit 
 coin or tools, &c. (2 Will. 4, c. 34, s, 14). Vide Forms of Information and Search 
 
 Digitized by Microsoft® 
 
CHAP. II.] CHURCH OR MEETING HOUSE-COIN. 719 
 
 
 Page, Sec 
 
 of 
 Formuliat. 
 
 Wbere triable. 
 
 M la Ball. 
 
 Punishment. 
 
 If Costs of 
 
 Prosecution 
 
 allowed. 
 
 70 
 
 No. 96, p. 306. 
 
 Sessions. 
 
 Compulsory 
 (Note 13). 
 
 Fine or impr. or both. 
 
 •• 
 
 71 
 
 Nos. 97, 98, 
 p. 306. 
 
 Id. 
 
 Id. 
 
 Pen. £iO on each of- 
 fender, except Roman 
 Cath. congregations, 
 and then £20. 
 
 No. 
 
 72 
 
 No. 99, p. 307. 
 
 Id. 
 
 Id. 
 
 Fine, or impr. or both. 
 
 No. 
 
 73 
 
 Nos. 102-106, 
 pp. 307, 308. 
 
 Assizes (5 & 6 Vict 
 .0.38, ante, p. 675). 
 
 Discretionary. 
 
 Pen. serv. life — 3 yrs. ; 
 — or impr. not exc. 4 
 yrs.,h.l.ands.c.(s.l9). 
 
 (See Note 
 170 
 
 74 
 
 No. 107, 
 p. 308. 
 
 Sessions. 
 
 Id. 
 
 Pen. serv. 14 — 3 yrs.j 
 or impr. not exc. 3 
 yrs., h. 1. and s. t. 
 
 Id. 
 
 75 
 
 Nos. 108, 109, 
 p. 308. 
 
 Assizes. 
 
 Id. 
 
 Same as No. 73. 
 
 Id. 
 
 76 
 
 Nos. 110, 111, 
 pp. 308, 309. 
 
 Sessions. 
 
 Compulsory. 
 
 Impr. not exc. 1 year, 
 h. 1. and s. c. 
 
 Id. 
 
 
 Id. 
 
 Assizes. 
 
 Discretionary. 
 
 Same as No. 73. 
 
 Id. 
 
 77 
 
 No. 112, 
 p. 309. 
 
 Sessions. 
 
 Compulsory. 
 
 Impr. not exc. 2 years, 
 h. 1. and s. c. 
 
 Id. 
 
 
 Id. 
 
 Assizes. 
 
 Discretionary. 
 
 Same as No. 73. 
 
 Id. 
 
 78 
 
 No. 113, 
 p. 309. 
 
 Sessions. 
 
 Compulsory. 
 
 Impr. not exc. 2 years, 
 h. 1. and s. u. 
 
 Id. 
 
 
 Id. 
 
 Assizes. 
 
 Discretionary. 
 
 Same as No. 73. 
 
 Id. 
 
 79 
 
 No. 114, 
 p. 309. 
 
 Sessions. 
 
 Compulsory. 
 
 Impr. not exc. 3 years, 
 h. 1. and s. t. 
 
 Id. 
 
 
 Id. 
 
 Assizes. 
 
 Discretionary. 
 
 Same as No. 73. 
 
 Id. 
 
 Warrant, Nos. 100, 101, Oke's " Formulist," 2nd edit p. 307. 
 
 16 Where two or more persons have acted in concert in different counties or juris- 
 dictionsj the offence may be charged to have been committed in'either of them (2 Will. 4, 
 c. 34, s. 15). 
 
 17 Costs of Prosecution.^ The authorities of the Mint pay in all cases, through their 
 solicitor, the costs of the prosecution, if it be carried on under their direction. Therefore 
 it is usual, before making a final committal of the offender, to communicate with the 
 solicitor of the Mint at the Treasury Chambers, Whitehall, and lay before him the facts of 
 the case, and receive his instructions. 
 
 Digitized by Microsoft® 
 
720 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Class of OSeace 
 
 and' 
 
 Statute or Authority, 
 
 COIN — continued* 
 
 80. Making or mending, — or having possession of coining tools— 
 without lawful authority. 
 
 81. Conveying tools or coin, &c., out of Mint without authority. 
 
 82. Counterfeiting copper coin, — or making or mending, selling, 
 receiving or having in possession, without authority, — any 
 tools, &c., for such coin. 
 
 83.. Uttering false copper coin, — or having possession of three or 
 more pieces thereof with intent to utter. 
 
 84. Counterfeiting foreign gold or silver coin. 
 
 85. Importing same counterfeit coin. 
 
 86. Uttering foreign gold or silver coin — First Offence. 
 
 Second Offence. 
 Third Offence. 
 
 87. Counterfeiting foreign copper coin — First Offence. 
 
 Second Offence. 
 Accessory after the fact under. 
 
 88. Defacing.'] If any person shall deface any of the Queen's 
 
 current gold, silver or copper coin, by stamping thereon 
 any names or words, whether such coin shall or shall not 
 be thereby diminished or lightened,— or shall use any 
 machine or instrument for the purpose of bending the 
 same. 
 
 COMBINATIONS. (See " Cmspiracies.'') 
 
 89. Unlawful combinations and confederacies. 
 
 [^By % 8; W Vict. c. 33, s. 1, proceedings under the 39 Geo. 3, 
 c. 79, and 57 Geo. 3, c. 19, for seditious practices and 
 meetings^ must he commenced in the name of the law officers 
 of the crown. See " Oaths {unlawful),** post.] 
 
 COMPOUNDING. 
 
 90. Compounding a felony. 
 
 F. 2 Will. 4, c. 31,8.10. 
 
 Id. s. 11. 
 Id. s. 12. 
 
 M. Id. 
 
 F. 37 Geo. 3, u. 126, 
 s. 2. 
 
 Id. s. 3. 
 
 M. Id. s. 4. 
 
 Id. 
 
 F. Id. 
 
 M. 43 Geo. 3, s. 139, 
 S.3. 
 
 Id. 
 
 F. 2 Will. 4, c. 34, s. 18, 
 
 M. 16&17Vict.c.l02, 
 s. I. 
 
 M. 37 Geo. 3, c. 123, 
 
 s. 1 ! 39 Geo. 3, c. 79, 
 
 ss. 2, 8 J 52 Geo. 3, 
 
 c. 104, s. 1 ; and 
 
 57 Geo. 3, c. 19, s. 25. 
 
 M. 1 Hawk. c. 59, s. 5; 
 &c. 
 
 Digitized by Microsoft® 
 
CHAP. II. J 
 
 COIN-COMPOUNDING. 
 
 721 
 
 80 
 
 81 
 
 82 
 
 83 
 
 84 
 
 85 
 
 Page, &c. 
 
 of 
 Forniulist. 
 
 87 
 
 Nos. 
 
 115—117, 
 
 pp. 309, 310. 
 
 No. 118, 
 p. 310. 
 
 No. 119, 
 p. 310. 
 
 No. 120, 
 p. 310. 
 
 88 
 
 Assizes. 
 
 Id. 
 
 Sessions. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675). 
 
 Sessions. 
 
 Id. 
 Sessions or 
 
 Discretionary. 
 
 Id. 
 
 As to Bail. 
 
 Pen. serv. life— 3 yrs.; 
 — or impr. not exc. 4 
 yrs., h. 1. and s. c. 
 
 The same. 
 
 Sessions. 
 
 Id. 
 
 Compulsory. 
 Discretionary. 
 
 Id. 
 
 Compulsory. 
 
 Id. 
 Discretionary 
 
 Compulsory. 
 
 Id. 
 
 Discretionary. 
 
 Compulsory. 
 
 Pen. serv. 7—3 years ; 
 —or impr. not exc. 2 
 years, h. 1. and s. c. 
 
 Impr. not exc. 1 year, 
 h. 1. and s. u. 
 
 Pen. serv. 7 — 3 years. 
 
 The same. 
 
 Impr. for 6 months, and 
 sureties for 6 months 
 more. 
 
 Impr. for 2 years, and 
 sureties for 2 years 
 more. 
 
 Pen. serv. life — 3 yrs. ; 
 — or impr. not exc. 4 
 yrs., h. 1. and s. u. 
 
 Impr. not exc. 1 year. 
 
 Pen. serv. 7 — 3 years. 
 
 Impr. not exc. 2 years, 
 h. 1. and s. \i. 
 
 (See A'o<e 
 17.) 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 No. 121, 
 p. 310. 
 
 Assizes (5 & 6 Vict 
 c. 38,on<e, p.67S), 
 
 Sessions. 
 
 Fine or impr., or both, No. 
 at the discretion of 
 the court 
 
 Compulsory. 
 
 Id. 
 
 Pen. serv. 7 — 3 years; 
 — or impr. not exc. 2 
 years. 
 
 Fine and impr. 
 
 No. 
 
 No. 
 
 0.8. 
 
 Zk 
 
 Digitized by Microsoft® 
 
722 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 COMPOUNDING— conMnuerf. 
 
 91. A misdemeaJior, without legal sanction. 
 
 92. Informations on penal statutes, without leave of court 
 
 CONCEALING BIRTH. (Note 18-) 
 
 93. By woman of her child, by secret burying or otherwise dis- 
 
 posing of the dead body. 
 
 [See "Felony," post, for misprision of felony.] 
 
 CONSPIRACIES. 
 
 94. By two or mote persons — 1 . To charge another with crime 
 
 2. To defraud or injure others ; 3. To commit illegal of- 
 fence ; 4. To prevent the course of justice ; 6. To effect 
 legal purposes by improper means ; and 6. Of journeymen 
 to raise wages. 
 
 95. To commit an offence which the quarter sessions have juris- 
 
 diction to try when committed by one person. 
 
 CONSTABLE. 
 
 96. Refusing to execute the office when required by law to do so, 
 [c. g. as chief or petty constable, overseer of the poor, 
 &c.], — or neglecting duty. 
 
 97. Any person refusing to assist a constable when called upon 
 to do so. 
 
 CRIMINAL JUSTICE ACT, see ante, p. 582. 
 
 CRUELTY. 
 
 98. To those of tender years under one's control, — as by not 
 providing food, &c., — or deserting infant in street, &c., 
 — whereby injury to health occasioned. 
 
 DEAD BODIES. 
 
 99. Disinterring a dead body. 
 
 {See AmOxmy A^t, iifZ Will. 4, c. 75, s. IS.]- 
 
 ClaES of Offence 
 
 and 
 
 Statute or Authority. 
 
 M. 5 East, 298, 302. 
 
 M. ISEliz. c. 5, s. 4; 
 56 Geo. 3, t. 138, s. 2. 
 
 M. 9 Geo. 4, c. 31, b. K 
 
 M. Arch. Cr. PI. by 
 
 Welsby,12thed.p.756i 
 
 1 Hawk. c. 72, s. 2. 
 
 Id. 
 
 M. iJ. V. Bower, 1 B. & 
 C. 585 ; 2 D. & R. 842 
 (Arch.Cr.PLbyWelsby, 
 12th ed. p. 751). 
 
 Car. 
 
 M. R. V. Brown, 1 
 &M. 314; R.V. 
 Id. 180. 
 
 M. 2 Camp. 650 ; Reg. 
 V. Philpott, 1 Dears. 
 C. C. 179; 22 L. J 
 (N. S.) M. C. 113; 
 Rieg. V. Chandler, 24 
 L. J. (N. S.) M. C, 
 109. 
 
 M. S. V. Lynn, 2 T. R. 
 
 733 ; R. V. Gillies, R. 
 
 & Ry. 366, u. 
 
 18 Enactment— Decision.'] A person acquitted of child murder may be found guilty of 
 concealing the birth, if the evidence justifies stch a finding (9 Geo. 4, c. 31, s. 14). A 
 temporary disposition of the body is sufficient, as placing it under the bolster of a bed, 
 although with the intention of removing it elsewhere when an opportunity offered (Reg. v. 
 
 Digitized by Microsoft® 
 
CHAP. II.] COMPOUNDING-DEAD BODIES. 
 
 723 
 
 , 95 
 
 97 
 
 99 
 
 Page. &i:. 
 
 of 
 Formuli&t. 
 
 91 
 92 
 
 9S No. 122, 
 p. SIO. 
 
 Nos. 
 
 123—125, 
 
 p. 311. 
 
 Where triable. 
 
 Sessions. 
 Id. 
 
 Assizes (5 & 6 Viet Biseretionary. 
 c. S8, ante, p. 675). 
 
 Compulsory. 
 Id. 
 
 9e No. 126, 
 p. 311. 
 
 No. 127, 
 p. 311. 
 
 Nos. 128, 129, 
 p. 312. 
 
 Nos. 130, 131, 
 p. 312. 
 
 U..(Note 19). 
 
 Sessions(5 & 6 Vict, 
 c. 38, s. 1, ante, p. 
 67s, paragraph 16). 
 
 Sessions. 
 
 Id. 
 
 Fine and irapr. 
 Tlie same. 
 
 Impr. for not exc. 2 yrs. 
 and h. 1. 
 
 If Costs of 
 
 Prosecution 
 
 allowed. 
 
 Id. 
 
 Id. 
 
 Compulsory. 
 
 Id. 
 
 Discretionary. 
 
 Compulsory. 
 
 Id. 
 
 Id. 
 
 Fine or imprisonment 
 [with h. 1., 14 & 15 
 Vict.c.lflO, S.29], or 
 both. 
 
 The same. 
 
 Fine or imprisonment, 
 or both. 
 
 The same. 
 
 Fine or imprisonment, 
 or both. 
 
 The same. 
 
 No. 
 No. 
 
 Yes 
 
 (7 Will. 4 
 
 & 1 Vict. 
 
 c. 44). 
 
 No; but 
 seel4&15 
 Vict c. 55, 
 s. 2, ante, 
 
 p. 688. 
 
 Id.. 
 
 Yes. 
 
 No. 
 
 No; but 
 see tit 
 "Ser- 
 vants." 
 
 No. 
 
 19 Venue.] In any county in which it can be proved that an act was done by any one 
 ot the conspirators in furti^eranoe of their common design (see R. y. Sritac, 4 East 164) 
 or in which the conspiracy actually took place. ' • /• 
 
 3a2 
 
 Digitized by Microsoft® 
 
724 
 
 Indictable Offences, 
 
 [part II. 
 
 OFFENCE. 
 
 DECLARATION. 
 
 100. Making a false declaration where it is received instead of an 
 
 oath. 
 
 DISOBEDIENCE. 
 
 101. Of a justice's order, 
 
 or 
 
 102. Of the direction or prohibition of a statute where no penalty 
 
 annexed. 
 
 DISORDERLY HOUSE (Note 20)- 
 
 103. Keeping a bawdy house, gaming house, or other disorderly 
 
 house. 
 [As to Common Gaming Houses, see " Gaming Houses," post.] 
 
 DISSENTERS, see tit. " Church or Meeting House," ante, p. 716. 
 EAST INDIES, Offences in, see " India," post, 
 
 ELECTIONS. 
 
 104. Giving false answers to returning officer. 
 
 105. Personating voters. 
 
 [See Corrupt Practices at Elections Act, 17 Sf 18 Vict. c. 102, 
 vMch is continued till lOth August, 1857, and to the end 
 of the then next session of parliament, by 19 S[ 20 Fict. 
 c. 84.] 
 
 EMBEZZLEMENT. 
 
 106. By any clerk or servant, or any person employed in that 
 
 capacity, of any chattel, money or valuable security received 
 
 by virtue of his employment (Note 21)- 
 
 \_There are numerous others by officers in the Bank of England 
 
 and in public departments of government, under particular 
 
 statutes.'] 
 
 ENLISTMENT. 
 
 107. Apprentice enlisting, and denying that he is one [to be 
 
 deemed guilty of obtaining money under false pretences 
 within 7 & 8 Geo. 4, c. 29]. 
 
 Clasa of Offence 
 
 and 
 
 Statute or Authority. 
 
 M. 5 & 6 Will, i, c. 62, 
 ». 21. 
 
 M. Dick. Q. S. 5th ed. 
 pp. 288, 454 ; and R. 
 V. Buchanan, 8 Q. B. 
 887. 
 
 M. 25 Geo. 2, c. 56, 
 
 ss. 5, 6, 8 ; 58 Geo. 3 
 
 c. 70, s. 7. 
 
 M. 6 8s 7 Vict c. 18, 
 s. 8L 
 
 Id. 
 
 7 & 8 Geo. 4, c. 29, 
 S.47. 
 
 M. 21 Vict c. 9, s. 62 
 
 (Annual Army Mutiny 
 
 Act). 
 
 20 Mode of Proceeding.] Two inhabitants of the parish give notice to the constable of 
 the fact, who goes forthwith with such inhabitants to a justice; and on such inhabitants 
 making oath that they believe the contents of such notice to be true and entering into a 
 recognizance of ig20 each to give evidence, the constable [or overseers, 58 Geo. 3, c. 70, 
 s. 7J enter into a recognizance to prosecute. The justice may then issue his warrant 
 to apprehend the person accused, and bind him over to answer the charge, and for good 
 behaviour in the meantime. This oH'ence is also indictable at common law on the prosecu- 
 tion of a private individual, but then it must be at his own expense. 
 
 21 Enactments.] The indictment may charge any number of distinct acts of embezzle- 
 ment, not exceeding three, committed by the offender against the same master within 6 
 calendar months from the first to the last of such acts ; and if the embezzlement is of 
 coins or valuable security, it may be alleged as money (7 & 8 Geo. 4, c. 29, a. 48), and so 
 
 Digitized by Microsoft® 
 
CHAP, II.] 
 
 DECLARATION— ENLISTMENT. 
 
 725 
 
 
 Page, &c 
 
 of 
 Formulist. 
 
 Where triable. 
 
 Ab to Bail. 
 
 
 [fCOBlBOf 
 
 ProDecillloD 
 alloweil. 
 
 100 
 
 •• 
 
 Assizes (5 & 6 Vict, 
 c. 38, ante, p. 675). 
 
 Discretionary. 
 
 Same as " Perjury," 
 post. 
 
 Yes (see 
 
 14& 15 
 
 Vict. c. 55, 
 
 s.2). 
 
 101 
 102 
 
 ■ ' 
 
 Sessions. 
 
 Compulsory. 
 
 The same. 
 
 No. 
 
 103 
 
 Nos. 
 
 132—137, 
 
 pp. 312— 314 
 
 {Note 20). 
 
 Id. 
 
 Id. 
 
 Fine or imprisonment, 
 or both [and h. 1., 3 
 Geo. 4, c. 114]. 
 
 Yes 
 (58 Geo. 3, 
 
 c.70, 
 ss. 7, 10). 
 
 104. 
 
 No.l38,p.314. 
 
 Assizes (5 & 6 Vict. 
 0. 38, ante, p. 675). 
 
 Id. 
 
 Fine or impr., or both. 
 
 No. 
 
 105 
 
 No.l39,p.S14. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 No. 
 
 106 
 
 No.l40,p.315. 
 
 Sessions {Note 22)- 
 
 Discretionary. 
 
 Pen. serv. not exc. 14 
 — 3 years ;— or im- 
 prisonment not exc. 
 3 yrs., h. 1., s.c. and w. 
 
 Yes. 
 
 107 
 
 •• 
 
 Sessions. 
 
 Id. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or fine or impr., or 
 both ; the impr. with 
 h. 1. and s. c. 
 
 Yes (14 & 
 15 Vict 
 
 c. 55, s.2). 
 
 with respect to bank notes (14 & 15 Vict. c. 100, s. 18). Upon an indictment for this 
 offence, the jury may find the prisoner not guilty of this offence, but guilty of simple 
 larceny, or of larceny as a clerk or servant, who can be punished as if he had been indicted 
 for such larceny (Id. s. 13). See K v. Gorbutt, 1 Dears. & Bell, C. C. 166 ; 26 L. J. 
 (N. S.) M. C. 47 ; Reg. v. Lister, 1 Dears. & Bell, C. C. 118. 
 
 22 fenue-l Of the county, &c. in which the embezzlement took place, if that be 
 known ; but in the absence of express evidence upon that subject, the venue may be laid 
 either in the county where the offender received the money, &c. or (and perhaps more 
 properly) in the county in which he ought to have accounted for it to his master, and did 
 not {R. V. Hobson, R. & IJy. 56 ; R. v. Taylor, R. & Ry. 63) ! also by 7 Geo. 4, c. 64, s. 12, 
 felonies or misdemeanors begun in one county, and completed in another, may be tried in 
 either county (see ante, p. 15). 
 
 Digitized by Microsoft® 
 
726 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCK. 
 
 Cla^B of Offence 
 
 and 
 
 Statute or Authority. 
 
 ENLISTMENT— conWraaerf. 
 
 108. Fraudulently confessing desertion [to be deemed guilty of 
 obtaining money under false pretences within 7 & 8 Geo. 4, 
 c. 29]. 
 
 109. Eecruits designedly making ai^y false representation befojre 
 
 or at the time of receiving enlistment money, or before the 
 justice at time of attestation [Id.] 
 
 [&c also Marine Mutiny Act, 21 Vict. c. 7.] 
 
 ENTRY (FORCIBLE), AND DETAINER. 
 
 110. Into a freehold or leasehold. 
 
 111. At common law. 
 
 112. Not assisting justices in arresting persons holding forcible 
 
 ESCAPE, PRISON BREACH AND RESCUE. 
 
 113. Returning from transportation before expiration of term. 
 
 114. Rescuing a convict from overseer, gaoler, &c. 
 
 115. Rescuing a murderer, or his body after execution. 
 
 116. Officer having person in charge for felony voluntarily per- 
 
 mitting his escape. 
 
 [A negligerft escape by an officer is punishable by fine only 
 (2 Hawk. c. 19, .5. 31) ; 6m/ if a private person, fine or 
 imprisonment, or both {id. u. 20, s. 6).] 
 
 117. Breaking prison \^hen in custody for a capital offence (i. e. 
 
 treason or felony). 
 
 M. 21 Vict. c. 9, 
 {Annual Army 
 Act). 
 
 Id. s. 58. 
 
 M. 5 Rich. 2, c. 8 ) 15 
 
 Rich. 2, c. 2; 21Jac.]. 
 
 t. 15; 8Hen. 6, c. 9. 
 
 M. lHawk.c.64,s.28. 
 M. 15 Rich. 2, v;. 2. 
 
 F. 5 Geo. 4, c. 84, s. 22. 
 
 Id. and 56 Geo. 3, 
 t. 27, ss. 7, 13. 
 
 F. 25 Geo. 2, c. 37, 
 ss. 9, 10. 
 
 F. or M. 4 Bla. Comm, 
 
 130; 1 Hale, 234; 2 
 
 Hawk. c. 19, s. 22 
 
 (JVo<e22a)- 
 
 F. 1 Edw. 2, st 2, c. 1 
 1 Hale, 612. 
 
 22 a Observation.'] It is felony if the party escaping have received judgment ; but a 
 mistiemeanor if befcre conviction. The officer, however, cannot be punished until after the 
 original delinquent has been convicted, but before such conviction he may be fined and 
 imprisoned as for a misdemeanor (Arch. Cr. PI. by Welsby, 12th edit. p. 636), The ifli- 
 
 Digitized by Microsoft® 
 
CHAP. II.] ENLISTMENT— ESCAPE, PRISON BREACH, &c. 727 
 
 108 
 
 109 
 
 110 
 
 111 
 112 
 
 113 
 
 114 
 
 115 
 
 116 
 
 117 
 
 Page> &c. 
 
 of 
 FormuliBt, 
 
 Sessions. 
 
 Id. 
 
 Nos. 141, 142, 
 p. 315. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 
 No. 143, Assizes (5 & 6 Vict, 
 p. 315. c. 38, ante, p. 675). 
 
 Id. 
 
 Id. 
 
 No. 145, 
 p. 316. 
 
 No. 146, 
 p. 316. 
 
 Sessions or Assizes. 
 
 Assizes (5 & 6 Vict 
 
 c. 38, ante, p. 675) 
 
 (Note 23). 
 
 Discretionary. 
 Id. 
 
 Compulsory. 
 
 Id. 
 Id. 
 
 Discretionary. 
 
 Id. 
 Id. 
 
 F. Dis- 
 cretionary. 
 
 M. Com- 
 pulsory. 
 
 Discretionary. 
 
 Pen. serv. 7 — S yrs. ;— 
 or fine or impr., or 
 both; — the impr. with 
 h. 1. and s. c. 
 
 The same. 
 
 Impr. and ransom at the 
 king's will ; resdtu 
 tion of property (see 
 31 Eliz. c. 11). 
 
 Fine or impr., or both. 
 
 Fine and imp. 
 
 Pen. serv. for life, and 
 previously impr. for 
 not exc. 4 yrs., h. 1 
 (4 & 5 Will. 4, c. 67); 
 — or pen. serv. life. 
 
 Same as No. 119. 
 
 ir Costs of 
 
 PrOBCCUtlOQ 
 
 allowed. 
 
 Yes (14 & 
 
 15 Vict. 
 
 c. 55, s. 2). 
 
 Id. 
 
 PeiL serv. life — 3 yrs, 
 — or impr. not exc. 3 
 yrs. h. I.; — and (in 
 case of a body) pen. 
 serv. 7 — 3 yrs. 
 
 F. The same as the 
 party escaping was 
 
 sentencediiVo(c22a)- 
 M. Fine and impr. 
 
 Pen. serv. 7 — 3 yrg.; — 
 or impr. not exc. 2 
 yrs., b. 1., s. t. and w. 
 (7 & 8 Geo. 4, c. 28, 
 .SB. 8, 9). 
 
 No. 
 
 No. 
 No. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 Yes(F.); 
 No (M.) 
 
 Yes. 
 
 prisonment of the delinqueot must be for some criminal matter, otherwise the escape 
 IS not punishable criminally (Id. p. 634). 
 
 23 f^enue.} Where o&nce conuaitted, or where appiidiendeii snd retaken (4 Ceo. 4 
 c. 64, s. 44). ' 
 
 Digitized by Microsoft® 
 
728 
 
 Indictable Offences. 
 
 [part II, 
 
 OFFENCE. 
 
 Class of Offence 
 
 and 
 
 Statute or Authority, 
 
 ESCAPE, PRISON BREACH AND Vi'ES.CVE- continued. 
 118. The like, on a minor charge. 
 
 119. Conveying mask, Sec, or instruments into a prison, to aid 
 and assist prisoners to escape. 
 
 1 20. Rescuing a prisoner from custody when not convicted, — or 
 convicted only of a misdemeanor. 
 
 121. The like, where charged and convicted of treason or felony. 
 
 1 22. Aiding or assisting a prisoner or convict in custody for trea 
 
 son or felony to make his escape while being conveyed to 
 prison or in prison. 
 
 123. The like, in custody for petty larceny, or for debt of jglOO. 
 
 1 24. Rescuing goods in the custody of the law, or breaking open 
 
 a pound. 
 
 125. Aiding prisoners of war to escape. 
 EXPLOSIVE SUBSTANCES, see Offence 26, tit. "Arson." 
 
 EXTOHTION. 
 
 126. By any officer, by colour of his office. 
 
 [ There are various others punishable by particular statutes.'] 
 
 127. FALSE IMPRISONMENT. 
 
 FALSE PRETENCES (Note 25). 
 
 128. Obtaining from any person any cliattel, money or valuable 
 security by false pretences, with intent to cheat or defraud 
 him of the same. 
 
 M. 1 Edw. 2, St. 2, c. 1 i 
 1 Hale, 612. 
 
 F. 4 Geo. 4, c. 64, s. 43, 
 
 M. 2 Hawk. c. 21, 
 1 Hale, 607. 
 
 F. Id.,and4Bl.Comra. 
 13L 
 
 F. 16 Geo. 2, c. 31, 
 
 ss. 1, 3 {Note 24). 
 
 M. Id. 
 
 M. 2Hawk. c. 21, 
 s. 20. 
 
 F. 52 Geo. 3, c. 156, 
 s. 1. 
 
 M. 1 Hawk. c. 68, s. 1 
 2 Salk. 680. 
 
 M. 2 Inst. 589 i Arch. 
 Cr. PI. by Welsby, , 
 12th ed. p. 553. 
 
 M. 7 8t 8 Geo. 4, c. 29, 
 s. 53. 
 
 24 Time of Prosecution.'] The prosecution for offences under the 16 Geo. 2, u. 31, must 
 be commenced within one year (s. 4). 
 
 25 Indictment— Verdict — Venw — Cases.] Upon an indictment for this offence the jury 
 may find the prisoner guilty, although the offence upon the evidence turnout to be larceny 
 (7 81 8 Geo. 4, c. 29, s. 53) ; but if he be indicted for a larceny, the jury cannot find 
 him guilty if the offence upon the evidence turn out to be an obtaining of money or 
 goods by false pretences. By 14 & 15 Vict. c. 100, s. 8, it is sufficient in the indictment 
 to allege the act to have been done " with intent to defraud," without alleging the intent 
 to defraud any particular person. This offence of obtaining money, Sec. by false pretences, 
 if begun in on6 county and completed in another, as for instance by letter, may be dealt 
 
 Digitized by Microsoft® 
 
cuAP. II.] ESCAPE, &C.-FALSE PRETENCES. 
 
 729 
 
 
 Page, ic. 
 
 of 
 FormuUst. 
 
 Wiere triable. 
 
 As to Bill. 
 
 PuDlshmenL 
 
 If Costs of 
 
 ProvciitioD 
 
 •UoMnl. 
 
 118 
 119 
 
 Nos. 147, 148, 
 p. 316. 
 
 Sessions (5 & 6 Vict 
 
 c. 38, ante, p. 675, 
 
 Note 23)- 
 
 Id. 
 
 Compulsory. 
 Discretionaiy. 
 
 Fine and impr.(2 Hawk. 
 c. 18, s. 21), and h. L 
 
 Pen. serv. not exc 14 
 years;— or impr. not 
 exc. 2 years [9 & 10 
 Viet. c. 24i s. 1, with 
 h.l.] 
 
 No. 
 Yes. 
 
 120 
 
 No. 150, 
 p. 316. 
 
 Sessions. 
 
 Compulsory. Fine or impr., or both! 
 (see Areh. Cr. PI. by! 
 Welsby, 12th edit, p.- 
 643). j 
 
 No. 
 
 121 
 
 
 Assizes or Sessions. 
 
 Discretionary. Same as principal ; — or 
 1 pen. serr. 7 — 3 years. 
 i — or impr. not exc 4 
 i vTS.(seel&2Geo.4. 
 1 "c88,=.l). 
 
 Yes. 
 
 122 
 
 No. 151, 
 p. 317. 
 
 Sessions. 
 
 Id. i Pen. serr. 7 years. 
 
 Yes. 
 
 123 
 
 No. 152, 
 p. 317. 
 
 Id. 
 
 Compulsory, i Fine and impr. 
 
 No. 
 
 124 
 
 Nos. 153, 154, 
 p. 317. 
 
 Id. 
 
 Td. .Fine, or impr., or both. 
 
 J 
 i 
 
 No. 
 
 123 
 
 •• 
 
 Assizes. 
 
 Discretionary. 
 
 Pen. ser¥. life — 3 years. 
 
 Yes. 
 
 126 
 
 No. 156, 
 p. 317. 
 
 Sessions of any 
 
 county (31 Eliz. c. 5, 
 
 S.4). 
 
 Compulsory. 
 
 Fine, or impr., or both 
 (Arch. Cr. PL by 
 Welsby, 12th edit, p. 
 664). 
 
 No. 
 
 127 
 
 No. 157, 
 p. 318. 
 
 Sessions. 
 
 Id. 
 
 Fine, or impr., or both. 
 
 No. 
 
 128 
 
 No. 158, 
 p. 318. 
 
 Sessions (iVote 25)- 
 
 Discretionary 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or fine or impr., oi 
 both, h. I. and s. c. 
 
 Yes (14 & 
 
 15 Vict, 
 c. 55, s. 2). 
 
 with in either (see 7 Geo. 4, c. 64, s. 12, ante, p. 15, and cases there cited; see also Beg. 
 V. Sans Garrett, 1 Dears. C. C. 232). The following are recent cases on indictments for 
 false pretences, and in which the principal decisions on the subject are referred to and 
 commented on : — Reg. v. Roebuck, 1 Dears. & Bell, C. C. 24 ; Reg. v. Jeitop, Id. 442 ; R. v. 
 Sherwood, Id. 251 ; 26 L. J. (N. S.) M. C. 81 ; R v. Bryan, Id. p. 84 i 1 Dears. & Bell, 
 C. C. 265, as to the weight or quality of an article ; Reg. v. Burgon, Id. 11, and Reg. 
 V. Gardner, Id. 40, in both of which there were contracts between the parties; see also R. 
 V. MWs, Id. 205 ; 26 L. J. (N. S.) M. C. 79, and Reg. v. Watson, 1 Dears. & Bell, C. C. 
 348 ; Reg. v. Fry, Id. 449. 
 
 Digitized by Microsoft® 
 
730 
 
 Indictable Offences. 
 
 [part h. 
 
 OFFENCE. 
 
 Class of Oifence 
 and 
 
 Statute or Authority. 
 
 FALSE FKETENCES —continued. 
 
 129. Attempting to obtain property, as 0£Fence 128, supra. 
 
 (See " Gaming," " Receivers," post.) 
 
 FELONY. 
 
 1 30. Misprision of — i. e. the concealment of a felony, which a man 
 
 knows, but never assented to ; for if he assented, this makes 
 him either principal or accessory (4 Bl. Comm. 12). 
 
 (See " Accessories," ante, p. 704, " attempts, S;c.," ante, p. 712.) 
 
 FIREWORKS. 
 
 131. Nuisance by. 
 
 FISH. 
 
 132. Taking or destroying in water running through land ad- M. 7 i 
 
 joining or belonging to the dwellinghouse of the owner of 
 water, or having a right of fishery therein. 
 
 (See tit. " Malicious Injuries," Offence 236, post.) 
 
 FORCIBLE ENTRY (see " Entry (Forcible) and Detainer"). 
 
 M. R. V. Ball, C. & M. 
 249; Reg. v. Marsh, 
 19L.J. (N.S.)M.C. 
 12. 
 
 M. 3 Inst 36. 
 
 FOREIGN SERVICE (Note 26)- 
 
 133. Engaging in foreign military or naval service without li' 
 
 cence, or engaging others in such service (s. 2) ; — fitting 
 out vessels of war for foreign states (s. 7) ;— aiding the 
 warlike equipment of vessels of war for foreign states, with 
 out licence (s. 8). 
 
 FORGERY (Note 27). 
 
 134, Private Securities.'] Forge or alter, — or offer, utter, dispose 
 
 of, or put off, knowing the same to be forged or altered, 
 any will, testament, codicil or testamentary writing, — or 
 any bill of exchange,~or any promissory note for the pay- 
 ment of money, — or any indorsement on or assignment of 
 any bill of exchange or promissory note [see Note 27i 3S to 
 documents purporting to be payable out of England], — or 
 any acceptance of any bill of exchange, — or any under- 
 taking, warrant or order for the payment of mon?y, — with 
 intent to defraud any person. 
 
 See 9 & 10 Will. 3, 
 c. 7, s. 1. 
 
 ; 8 Geo. 4, c. 29 
 s. 34. 
 
 M. 59 Geo. 3, c. 69. 
 
 F. llGeo.4&lWill.4, 
 i;. 66, Es. 3, 4. 
 
 26 Venue.] If these offences are committed in England, they may be tried before the 
 Court of Queen's Bench, and the venue laid at Westminster or at the assizes or sessions 
 for the county where the offence was committed (Id. s. 4) ; — or if committed out of the 
 United Kingdom, the offender may be prosecuted in the Covttt of Queen's Bench, and the 
 venue laid at Westminster (Id. is. 9). 
 
 27 Venue — -Documents purporting to be payable out qf England — Form of Indict- 
 ment.] By s. 24, "if any person shall commit any offence against this act, — or shall 
 commit any offence o^ forgivig or altering any matter whatsoever, or of offeung, uttering, 
 disposing of, or putting off any matter whatsoever, knowing the same to be forged or 
 altered, whether the offence in any such case shall be indictable at common law or by 
 virtue of any statute or statutes made or to be made, — the offence of every such offender 
 
 Digitized by Microsoft® 
 
CHAP. II.] . FALSE PRETENCES— FORGERY. 
 
 731 
 
 
 P«ge,4c, 
 
 of 
 Formulist. 
 
 Where triable. 
 
 As to Ball. 
 
 Punishment. 
 
 If Costs of 
 
 Prosecution 
 
 allowed. 
 
 129 
 
 No. 159, 
 p. 318. 
 
 Sessions {Note 25)- 
 
 Discretionary. 
 
 Fine, or impr., or both. 
 
 No. 
 
 130 
 
 No. 160, 
 p. 318. 
 
 Sessions. 
 
 Compulsory. 
 
 Fine, or impr., or both. 
 
 No. 
 
 131 
 
 •• 
 
 •• 
 
 •• 
 
 •• 
 
 •■ 
 
 132 
 
 No. 161, 
 p. 318. 
 
 Sessions. 
 
 Compulsory. 
 
 Fine, or impr. [with h. 1. 
 and s. c], or both. 
 
 No. 
 
 133 
 
 •■ 
 
 (See Note 26-) 
 
 Id. 
 
 Fine, or impr., or both. 
 
 No. 
 
 134 
 
 Nos. 167, 162, 
 
 163, 166, 
 
 p. 319. 
 
 Assizes (5 8£ 6 Vict 
 c. 38, ante, p. 675, 
 and see Note 27)- 
 
 Discretionary. 
 
 Pen. serv. life — 3 yrs. ; 
 — or impr. not exc. 4 
 yrs., h. 1. and s. c. 
 
 Yes. 
 
 may he dealt with, indicted, tried and punished, and laid and charged to have been com- 
 mitted in any county or place in which he shall be apprehended or be in custody, as if his 
 offence had been actually committed in that county or place ; — and every accessory before 
 or after the fact to any such offence, if the same be a felony, — and every person, aidinT, 
 abetting or counselling the commission of any such offence, if the same be a misdemeanor,— 
 may be dealt with, indicted, tried and punished, and his offence laid and charged to have 
 been committed, in any county or place in which the principal offender may be tried." A 
 person who is for the first time in custody at the time when the trial begins is within this 
 section HReg. v. Smithies, 4 Cox's C. C. 94; 2 Car. & K. 878 ; 19 L. J. (N. S.) M. C. 31). 
 By s. 30, the offences of forging or uttering in England documents purporting to be made, 
 or actually made, out of England ; and the forging or uttering in England bills of exchange. 
 
 Digitized by Microsoft® 
 
732 
 
 Indictable Offences, 
 
 [part II. 
 
 OFFENCE. 
 
 FORGERY— cowWnwef?. 
 
 135. Forge or alter, — or offer, utter, dispose of, or put off, knowing 
 
 the same to be forged or altered, — any deed, bond or writing 
 obligatory, — or any acquittance or receipt, either for money 
 or goods, — or any accountable receipt, either for money or 
 goods, or for any note, bill or other security for payment 
 of money, — or any warrant, order or request for the deli- 
 very or transfer of goods, or for the delivery of any note, 
 bill or other security for the payment of money, — with 
 intent to defraud any person. 
 
 136. Transfers of Stock, ^c.'} Forge or alter,— or utter, knowing 
 
 the same to be forged or altered, — any transfer of any share 
 or interest of or in any stock, annuity or other public fund 
 transferable at the Bank of England,— or of or in the 
 capital stock of any body corporate, company or society 
 established by charter or act of parliament, — 
 
 137. Forge or alter, — or utter, knowing the same to be forged or 
 altered, — any power of attorney or other authority to 
 transfer any share or interest of or in any such stock, &c., 
 or to receive any dividend payable in respect of any such 
 share or interest, — or demand or endeavour to have any 
 such share or interest transferred, or to receive any divi- 
 dend payable in respect thereof, by virtue of any such 
 forged or altered power of attorney, knowing the same to 
 be forged or altered, — 
 
 with intent in any of the several cases aforesaid to defraud 
 any .person ; — 
 
 138. Falsely and deceitfully personate any owner of any such 
 
 share, interest or dividend, and thereby transfer any share 
 or interest belonging to such owner, or thereby receive any 
 money due to such owner, as if such person were the true 
 and lawful owner. 
 
 139. Falsely and deceitfully personate any owner of any share or 
 
 interest of or in any stock, annuity or other public fund 
 transferable at the Bank of England, or any owner of any 
 share or interest of or in the capital stock of any body 
 corporate, company or society established by charter or 
 act of parliament, or any owner of any dividend payable 
 in respect of any such share or interest, and thereby 
 endeavour to transfer any share or interest belonging to 
 any such owner, or thereby endeavour to receive any money 
 due to any such owner, as if such offender were the true 
 and lawful owner. 
 
 Claw of Offence 
 
 and 
 
 Statute or Authority. 
 
 F. llGeo.4&lWill.4, 
 c. 66, s. 10. 
 
 Id. s. 6. 
 
 Id. 
 
 Id. 
 
 Id. B. 7. 
 
 promissory notes, bonds, &c. purporting to be payable out of England, are punishable in 
 England, in the same manner as if the document had purported to be made, or had been 
 made, or as if payable, or purported to be payable, in England (see Reg. v. Sans Garrett, 
 1 Dears. C. C. 232). See sect. 28 as to criminal possession and intent, &c. By 14 & 15 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 FORGERY. 
 
 733 
 
 135 
 
 136 
 
 137 
 
 139 
 
 Page. &c. 
 of 
 
 ForniuUst. 
 
 Nos. 168— 
 
 172 
 pp. 319, 320. 
 
 No. 181, 
 p. 321. 
 
 No. 182, 
 p. 321. 
 
 No. 310, 
 p. 340. 
 
 Assizes (5 & 6 Vict 
 
 c. 38, ante, p. 675, 
 
 and see Note 27; 
 
 ante, p. 730). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Discretionary. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Pen. serv. life — 3 yrs. ; 
 —•or impr. not exc. 4 
 yrs., h. 1. and s. i;. 
 
 Pen. serv. life — 3 yrs. ; 
 — or impr. not exc. 4 
 yrs., li. 1. and s. c. 
 
 Pen. serv. life — 3 yrs. ; 
 — or impr. not exc. 4 
 yrs., h. 1. and s. u. 
 
 Pen. serv. life — 3 yrs. ; 
 — or impr. not exc. 4 
 yrs., h. 1. and s. c. 
 
 Pen. serv. life — 3 yr 
 — or impr. not exc. 4 
 yrs., h. 1. and s. c. 
 
 If COBlB of 
 
 ProeeciitioD 
 
 allowed. 
 
 Vict c. 100, ss. 5, 6, 7, it is sufficient in an indictment for forging, uttering, engraving, &c. 
 any instrument, plate, &c. to describe such instrument, &c. " by any name or designation 
 by which the same may be usually known," without setting out any facsimile or copy thereof; 
 and, by s. 8, the indictment need not allege an intent to defraud any particular person. 
 
 Digitized by Microsoft® 
 
734 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 FOJiGEKY— continued. 
 
 110. Forge the name or handwriting of any person as or pur- 
 porting to be a witness attesting the execution of any 
 power of attorney or other authority to transfer any share 
 or interest of or in any such stock, &c., or to receive any 
 dividend payable in respect of any such share, &c., — or 
 utter any such power of attorney, &c., with the name or 
 handwriting of any person forged thereon as an attesting 
 witness, knowing the same to be forged. 
 
 141. Wilfully making false entries in, or falsifying the accounts of 
 owners in, the books of the Bank of England, — or wilfully 
 making a transfer in the name of any person not being 
 the true and lawful owner of the share, &c., in the stock, 
 — with intent to defraud any person. 
 
 14-2. Clerks of the Bank wilfully making out dividend warrants 
 for a greater or less sum than what is really due, with intent 
 to defraud any person. 
 
 143. Forging register, certificate, transfer, &c., — or personating 
 
 nominees under act enabling Commissioners of the Na- 
 tional Debt to grant annuities. 
 
 144. East India Bonds.'] Forging an East Indian bond. 
 
 145. Exchequer Bills, ^c.} Forging Exchequer bills, bonds and 
 
 debentures, &c. 
 
 146. Making plates, paper, &c. in imitation of those used for 
 
 Exchequer bills, &c. 
 
 147. Having possession of paper, plates and dies to be used for 
 
 Exchequer bUls, &c. 
 
 148. Bank of England Notes.'] Forge or alter, — or offer, utter, 
 
 dispose of or put off, knowing the same to be forged or 
 altered, — any note or bill of exchange of the Governor 
 and Company of the Bank of England, commonly called a 
 bank-note, — or bank bill of exchange,— or a bank post 
 bill, — or any indorsement on or assignment of any bank 
 note, bank bill of exchange, or bank post bill, — with in- 
 tent to defraud any person. 
 
 149. Without lawful excuse (the proof to be upon the party 
 
 accused) purchase or receive from any other person,— or 
 have in his custody or possession [see s. 28 for rule as to 
 criminal possession], any forged bank-note, bank bill of 
 exchange or bank post bill, — or blank bank-note, &c. — 
 knowing the same to be forged. 
 
 150. Making — or having mould for making — ^paper with the words 
 
 "Bank of England," or with curved bar lines, &c.,— or 
 selling such paper (see s. 14). 
 
 class of Offence 
 
 and 
 
 Statute or Authority. 
 
 F. llGeo.4 8ElWill.4, 
 w. 66, s. 8. 
 
 Id. s. 5. 
 
 Id. s. 9. 
 
 F. 2 & 3 Will. 4, c. 59, 
 s. 19. 
 
 F. llGeo.4&lWill.4, 
 ti. 66, s. 3. 
 
 Id. 
 
 F. 5 & 6 Vict. c. 66, 
 s. 9. 
 
 M. Id. s. 10. 
 
 F. llGeo.48ElWill.4, 
 c. 66, s. 3. 
 
 Id. s. 12. 
 
 Id. s. 13. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 FORGERY. 
 
 735 
 
 140 
 
 Page, ice 
 
 of 
 Fonuullst. 
 
 149 
 
 150 
 
 No. 183, 
 p. 321. 
 
 141 No. 180, 
 p. 321. 
 
 142 
 
 143 
 
 144 
 14£i 
 146 
 
 147 
 148 
 
 Nos. 164, 165, 
 p. 319. 
 
 No. 17.3, 
 p. 320. 
 
 Nos. 174, 175, 
 p. 320. 
 
 Assizes (5 & 6 Vict. 
 
 c. 38, ante, p. 675, 
 
 and see Note 27> 
 
 p. 730). 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Discretionary. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 Id. 
 
 Id. 
 
 Id. 
 
 Pen. serv. 7—3 years i 
 — or impr. not exo. 2 
 years, h. 1. and s. c 
 
 Pen. serv. life — 3 yrs. ; 
 — or impr. not exc. 4 
 yrs., h. 1. and s. c. 
 
 The same. 
 
 The same. 
 
 Same as No. 141. 
 
 Same as No. 141. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. not exc. 2 
 yrs., h. 1. and s. c. 
 
 Impr. not exc. 3 yrs. 
 
 Pen. serv. life — 3 yrs 
 — or impr. not exc. 4 
 yrs., h. 1. and s. n. 
 
 Pen. serv. 14 yrs. j — or 
 impr. with or without 
 h. 1. not exc. 2 yrs. 
 
 The same. 
 
 If Costs of 
 
 Prosecution 
 
 allowed. 
 
 Digitized by Microsoft® 
 
736 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Class oFOffence 
 
 aod 
 
 Statute or Authority. 
 
 FORGERY — cmtinued. 
 
 151. Engraving on plate, &c. any bank-note, &c. — or having such 
 plate, &o. — or uttering or having paper upon which a blank 
 bank-note, &o. shall be printed. 
 
 152. Engraving on a plate, &c., any word, number or ornament 
 
 resembling part of a bank-note, &e., — or using or having 
 any such plate, Stc, — or uttering or having any paper on 
 which any such word, &c., is impressed. 
 
 153. Bankers' Notes-I Make— or use— any frame, mould or in 
 
 strument for the manufacture of paper, with the name or 
 firm of any person or persons, body corporate, or company 
 carrying on the business of bankers (other than the Bank 
 of England), appearing visible in the substance of the 
 paper, without authority (the proof of which to be on 
 accused) ; — or without lawful excuse (proof of which to be 
 on accused) knowingly have in his custody or possession 
 any such frame, &c. ; — or, without such authority, manu- 
 facture, use, sell, expose to sale, utter or dispose of, — or, 
 without lawful excuse, knowingly have in his custody or 
 possession any paper in the substance of which the name 
 or firm of any such bankers shall appear visible ; — or, 
 without such authority, cause the name or firm of any such 
 bankers to appear visible in the substance of the paper 
 upon which the same shall be written or printed. 
 
 154. Engraving on plate, &c., any bill of exchange or promissory 
 
 note of any bankers, — or using such plate ; — or uttering or 
 having any paper upon which part of such bill or note is 
 printed. 
 
 155. Court Rolls.'] Forge or alter, — or ofTer, utter, dispose of, or 
 
 put off, knowing the same to be forged or altered, — any 
 court roll, or copy of any court roll, relating to any copy- 
 hold or customary estate. 
 
 156. Forging Certificates relating to Quarantine. 
 
 157. Foreign Instruments.'] Engraving plates, &c. for foreign bills 
 or notes j — using or having such plates -i — or uttering paper 
 on which any part of such bill or note is printed. 
 
 158. Dies, 8;c.,for stamping Gold or Silver Wares.] Forging, &c., 
 stamps on plate or dies for marking, &c., gold or silver 
 wares. 
 
 159. Stamps.] Of stamps on parchment, &c. 
 
 F. llGeo.4&lWill.4, 
 c. 66, s. 15. 
 
 Id. ». 16. 
 
 Id. s. 17. 
 
 Id. s. 18. 
 
 Id. ». 10. 
 
 F. 6 Geo. 4, c. 78, B. 25, 
 
 F. 11 Geo. 4& 1 Will. 
 4, •,. 66, s. 19. 
 
 F. 7 & 8 Vict. c. 22, 
 s. 2. 
 
 F. 3 & 4 Will. 4, u. 97, 
 ii. 12. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 FORGERY. 
 
 737 
 
 
 FormiUist. 
 
 Where triable. 
 
 As to Ball. 
 
 PunlshnienL 
 
 If Costs of 
 
 Probecutioa 
 
 allowed. 
 
 151 
 
 Nas. 
 
 176—178, 
 
 pp. 320, 321. 
 
 Assizes (5 & 6 Vict. 
 
 c. 38, ante, p. 675, 
 
 and see Note ^7> 
 
 ante, p. 730). 
 
 Discretionary. 
 
 Pen. serv. 14 years ; — 
 or impr.,with or with- 
 out h. 1., for not exo. 
 2 years. 
 
 Yes. 
 
 152 
 
 •• 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 153 
 
 » • 
 
 Id. 
 
 Id. 
 
 Pen. serv. 14 — 3 years ; 
 — or impr. not exc. 3 
 years, h. 1. and s. c. 
 
 Yes. 
 
 154 
 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 155 
 
 • • 
 
 Id. 
 
 Id. 
 
 Pen. serv. life — 3 years; 
 — or impr. not exo. 4 
 years, h. ]. and s. c. 
 
 Yes. 
 
 156 
 
 •• 
 
 Id. 
 
 Id. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. not exc. 2 
 yrs., h. I, and s. c. 
 
 Yes. 
 
 157 
 
 No. 186, 
 p. 322. 
 
 Id. 
 
 Id. 
 
 Pen. serv. 14 — 3 years ; 
 — or impr. not exc. 3 
 years, h. 1. and s. c. 
 
 Yes. 
 
 158 
 
 •• 
 
 Id. 
 
 Id. 
 
 Pen. serv. 14 — 3 years; 
 — or impr. not exc. 3 
 years. With h. 1. 
 
 Yes. 
 
 159 
 
 .. 
 
 Id. 
 
 Id. 
 
 Pen. serv. life — 3 years j 
 — or impr. not exc. 4 
 years. 
 
 Yes. 
 
 O.S. 
 
 3b 
 
 Digitized by Microsoft® 
 
738 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 class of offence 
 
 and 
 
 Statute or authority. 
 
 rORG'E'RY— continued. 
 
 160. Official documents.'] Of official documents, decrees, orders, 
 
 private acts, &c. 
 
 [ There are numerous other forgeries of a local nature, or 
 applicable to particular departments of government, pro- 
 vided for by statute, which are either misdemeanors or 
 felonies ; for which see Arch. Cr. PI. by Welsby, \2ih 
 cti.pp. 482— 487.] 
 
 161. At Common Law.] Forgery at common law, not provided for 
 
 by statute. 
 
 Accessories after the fact under 
 
 F. 8 & 9 Vict. c. 113, 
 
 s. 4 ; 7 & 8 Geo. 4, 
 
 :. 28,s. 4; ll&12Vict. 
 
 c. 78, s. 6. 
 
 M. 2 East's P. C. 
 
 859—864 ; R. v. Boult, 
 
 2 C. & K. 604. 
 
 F. llGeo.4&lWill.4, 
 u. 66, s. 25. 
 
 FRAUDULENT TRUSTEES" {Note 27 a)- 
 
 161a. If any person, being a trustee of any property for the benefit, 
 either wholly or partially, of some other person, — or for 
 any public or charitable purpose, — shall, with intent to de 
 fraud, convert or appropriate the same, or any part thereof, 
 to or for his own use or purposes ; — or shall, with intent 
 aforesaid, otherwise dispose of or destroy such property or 
 any part thereof [See Note 27 a, definitions of " Trustee" 
 and " Property,*' and as to who can prosecute for this offence.] 
 
 161b. If any person, being a banker, merchant, broker, attorney or 
 agent, and being intrusted for safe custody with the pro- 
 perty of any other person, shall, — with intent to defraud, — 
 sell, negotiate, transfer, pledge, or in any manner convert 
 or appropriate to or for his own use, such property or any 
 part thereof. (See Note 27 bO 
 
 M. 20 & 21 Vict. c. 54, 
 s. 1. 
 
 Id. s. 2. 
 
 27 a Definitions of " Trustee," "Property" — Who to prosecute, l^c] By s. 17, the word 
 " trustee" is to mean a trustee on some express trust created by some deed, will or instru- 
 ment in writing, including the heir and personal representative of any such trustee, and 
 also all executors and administrators, liquidators under the Joint-Stock Companies Act, 
 1856, and all assignees in bankruptcy and insolvency ; — and the word "property" is to 
 include every description of real and personal property, goods, raw or other materials, 
 money, debts and legacies, and all deeds and instruments relating to or evidencing the 
 title or right to any property, or giving a right to recover or receive any money or goods ; 
 — and such word " property" shall also denote and include not only such real and personal 
 property as may have been the original subject of a trust, but also any real or personal 
 property into which the same may have been converted or exchanged, and the proceeds 
 thereof respectively, and anything acquired by such proceeds. The prosecution for the 
 offence under the first section (Offence 161 a) cannot be commenced " without the sanction 
 of her majesty's attorney-general, or in case that office be vacant, of her majesty's soli- 
 citor-general i" — provided that where any civil proceeding shall have been taken against any 
 such person, " no person who shall have taken such civil proceeding shall commence any 
 prosecution under this act without the sanction of the court or judge before whom such 
 civil proceeding shall have been had or shall be pending (sect. 13). By s. 11, the act is 
 not to " enable or entitle any person to refuse to make a full and complete discovery by 
 answer to any bill in equity, or to answer any question or interrogatory in any civil pro- 
 ceeding in any court of law or equity, or in the courts of bankruptcy or insolvency i but 
 no answer to any such bill, question or interrogatory shall be admissible in evidence 
 
 Digitized by Microsoft® 
 
CHAP. II.] FORGERY— FRAUDULENT TRUSTEES. 
 
 739 
 
 
 Page.ta. 
 
 of 
 Formuiist, 
 
 Where triable. 
 
 As to Ball. 
 
 Punishment. 
 
 If Costs or 
 
 Prosecution 
 
 allowed. 
 
 160 
 
 •• 
 
 Assizes (5 & 6 Vict. 
 
 c. 38, ante, p. 675, 
 
 and see Note 27i 
 
 ante, p. 730). 
 
 Discretionary. 
 
 Pen. serv. 7 — 3 years ; 
 ^or impr. not exc. 3 
 yrs., and h. 1. 
 
 Yes. 
 
 161 
 
 No. 187, 
 p. 322. 
 
 Id. 
 
 Compulsory. 
 
 Fine or impr., or both. 
 
 No. 
 
 •• 
 
 •• 
 
 Id. 
 
 Discretionary. 
 
 Impr. and h. 1., and s. c. 
 not exc. 2 yrs. 
 
 Yes. 
 
 161a 
 
 
 Assizes (see s. 16). 
 
 Discretionary. 
 
 Pen. serv. for 3 yrs. ; — 
 or to suffer such other 
 punishment, by impr. 
 for not more than 2 
 years, with or with- 
 out h. 1., or by fine, 
 as the court shall 
 award (s. 10). 
 
 Yes (3.15). 
 
 161b 
 
 
 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 against such person in any proceeding under this act;"— nor is the act, nor any proceed- 
 ing, conviction or judgment to be had or taken thereon against any person under it, to 
 prevent, lessen or impeach any remedy at law or in equity, which any party aggrieved by 
 an offence against this act might have had if the act had not been passed;— but no con- 
 viction of any such offender can be received in evidence in any action at law or suit in 
 equity against liim;— and nothing in the act is to affect or prejudice any agreement 
 entered into or security given by any trustee, having for its object the restoration or re- 
 payment of any trust property misappropriated. By s. 14, " if upon the.trial of any person 
 under this act it shall appear that the offence proved amounts to larceny, he shall not by 
 reason thereof be entitled to be acquitted of a misdemeanor under this act. 
 
 27 b This is an extension of the previous law. The act 7 & 8 Geo. 4, c. 29, s. 49, ex- 
 tended only to bankers, agents, &c., intrusted with property, with directions in writing, to 
 apply it or the proceeds for a specified purpose, and also to such agents, &c., entrusted 
 with securities, &c., for safe custody, or for any special purpose, without any authority to 
 negotiate, and the agent in either case, in violation of good faith and contrary to the pur- 
 pose stated, converting the security to his own use, or negociating the same — the offender 
 in those cases being liable to penal servitude for not exceeding fourteen years. Under the 
 present general and comprehensive enactment no written direction is necessary, whether 
 as to the application for a specified purpose or not, the property may be simply " entrusted 
 for safe custody" with the party charged. The punishment under the present enactment 
 is less severe than under the 7 & 8 Geo. 4, c. 29, as will be seen, title " Agents," ante. 
 p. 707. 
 
 3b2 
 
 Digitized by Microsoft® 
 
740 
 
 Indictable Offences. 
 
 [PAKT II, 
 
 OFFENCE. 
 
 Class of afftoce 
 
 and 
 
 Statute or Aathorit;. 
 
 FRAUDULENT TRUS.TEES-eontinaed. 
 
 161c. If any person, entrusted with any power of attorney for the 
 sale or transfer of any property, shall fraudulently sell or 
 transfer, or otherwise convert such property, or part thbreofy 
 to his own use or benefit (see Note 27 C). 
 
 161 d. If any person, being a hailefe of any property, shall fraudu- 
 lently take or convert the same to his own use, or foi the 
 use of any person other than the owner thereof, although 
 he shall not break bulk or otherwise determine the bail- 
 ment, he shall be guilty of larceny (see Note 27 d). 
 
 161 e. If any person, being a director, member or public oflBcer of 
 any body corporate or public company, shall fraudulently 
 take or apply, for his own use, any of the money or other 
 property of any body corporate or public cbibpany. 
 
 161 f. If any person, being a director, public officer or manager of 
 any body corporate or public company, shall, as such, 
 receive or possess himself of any of the money or other 
 property of such body corporate or public company, other- 
 wise than in payment of a just debt or demand, and shall, 
 with intent to defraud, omit to make, or to cause or direct 
 to be made, a full and true entry thereof in the books and 
 accounts of such body corporate or public company. 
 
 161 g. If any director, manager, public officer or member of any 
 body corporate or public company shall, with intent to 
 defraud, destroy, alter, mutilate or falsify Shy of the books, 
 papers, writings or securities belonging to the body cor- 
 porate or public company of which he is a dirfector or 
 manager, public officer or member,— or make or concur in 
 the making of any false entry> or any material oBaiSBioii in 
 any book of account or other tlocUment. 
 
 161 h. If any director, manager or public officer of any body Cor- 
 porate or public company shall make, circulate oir publish', 
 — or concur in making, circulating or publishing, — any 
 written statement or account, which he shall kno* to be' 
 false in any material particular, with intent to deceive or 
 defraud any member, shareholder or creditor of such body 
 corporate or public company,— or with intent to induce 
 4ny person to become a shareholder or partner therein^ — 
 or to entrust or advance any money or property to such 
 body corporate or public cOmpaByj or to tehteir into any 
 security f<* the benefit thereof. 
 
 M. 20 & 21 Vict. .;. 54, 
 
 F. Id.B.4. 
 
 M. Id. s. 5. 
 
 Id. s. 6. 
 
 Id. 
 
 Id> 8. 8. 
 
 safe 
 
 27 C This was also before punishable under the 7 & 8 Gteo. 4^ ci 29, s. 49, bat the id 
 gredients of that section were, that the power of attorney should be intrusted for "sail 
 custody, or for a specified purpose, withoot any authority to negotiate, 8sc." 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 FRAUDULENT TRUSTEES. 
 
 741 
 
 
 Fonnulist. 
 
 Where triable. 
 
 As to BsU. 
 
 Punishment. 
 
 If Costs of 
 
 Prosecution 
 
 allowed. 
 
 161c 
 
 •• 
 
 Assizes (.see s. 16). 
 
 Discretionary. 
 
 Pen. serv. for 3 yrs.,— ox 
 to suffer such ether 
 ptmishinent by impr. 
 for not more than 2 
 years with or without 
 h. 1., or by fine, as 
 the court shall award 
 (b. 10). 
 
 Yes 
 (B. 15). 
 
 161(1 
 
 
 Sessions. 
 
 Id. 
 
 Impr. not exc. 2 years ; 
 h. 1., s. c. and w. (.see 
 Offence 180, post, p. 
 747, as to 2nd offence). 
 
 Yes. 
 
 161e 
 
 
 Assizes (see s. 16). 
 
 Id. 
 
 Pen. serv. for S.years, or 
 to suffer such other 
 punishment, by impr. 
 for jiflt more tham 2 
 yrs., with or without 
 h. 1., or by fine, as the 
 court shall award (s. 
 JO). 
 
 Yes 
 (see s. 15). 
 
 161 f 
 
 •• 
 
 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 161g 
 
 _• • 
 
 Id. 
 
 Id. 
 
 The m». 
 
 Id. 
 
 161h 
 
 •• 
 
 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 'S7,diThjs Js ^n .entirely new .enactment Formerly if a bail£;e, as, for instance, a 
 carrier intrusted with goods to deliver, converted the whole to his own use, he was not 
 criminally liable to any punishment ; yet if he took part of the goods — i. e., if he broke 
 
 Digitized by Microsoft® 
 
742 
 
 Indictable Offences. 
 
 [PAHT II, 
 
 OFFENCE. 
 
 FRAUDULENT TRUSTEES— continued. 
 
 161 i. If any person shall receive any chattel, money or valuable 
 security, which shall have been so fraudulently disposed of 
 as to render the party disposing thereof guilty of a misde- 
 meanor under any of the provisions of this act, knowing 
 the same to have been so fradulently disposed of (whether 
 the party guilty of the principal misdemeanour shall or 
 shall not have been previously convicted, or shall or shall 
 not be amenable to justice). 
 
 FRIENDLY SOCIETIES. 
 
 162. Circulating false copies of rules or alterations of rules of an 
 
 enrolled friendly society. 
 
 [And see s. 24 as to obtaining money, &c., of society by 
 false representation; — or officer misapplying monies 
 of society. Offences 1, 2, ante, p. 290.] 
 
 GAME (NIGHT POACHING), (Note 28)- 
 
 163. Taking or killing hares or conies in warrens by night. 
 
 161. Taking game or rabbits by night, — or using net, &c., for 
 taking same on land [or public road, 7 & 8 Vict. c. 29, s. 1 ] 
 — after two previous summary convictions {ante p. 302). 
 
 165. Offenders found and assaulting keeper with gun, &c. 
 
 1 66. Three or more entering land to take game, &c., one being 
 
 armed {Note 29). 
 
 GAMING. 
 
 167. Cheating at play [to be deemed guilty of obtaining money 
 
 under a false pretence]. The statute 18 Geo. 2, c. 34, hereon 
 appears to be still in force, and not repealed like the 9 Anne. 
 c. 14. 
 
 GAMING HOUSE. 
 
 168. Keeping a common gaming house \i. e. a betting house, see 
 
 16 & 17 Vict. u. 119, s. 2 ; and a gaming house, 8 & 9,Vict. 
 .;. 109, s. 4, and 17 & 18 Vict. c. 38, s. 2]. 
 
 ClEtss of Offence 
 
 and 
 
 Statute or Authority. 
 
 M. 20 & 21 Vict. c. 54, 
 o. 9. 
 
 M. 18 & 19 Vict. c. 63. 
 s. 29. 
 
 M. 7 & 8 Geo. 4, c. 29. 
 s. 30. 
 
 M. 9 Geo. 4, c. 69, s. 1. 
 
 Id. 5. 2. 
 
 Id. s. 9. 
 
 M. 8 8c 9 Vict. 
 
 s. 17. 
 
 ;. 109, 
 
 M. Common law. 
 
 bulk — he was ; so also was he if the bailment was determined by any wrongful act of his, 
 as if the carrier remove the goods from his cart and afterwards take them, as by such re- 
 moval he had terminated the contract. By this new enactment, if the carrier takes or con- 
 verts the whole of the goods, he will be guilty of larceny. There must be the intention to 
 deprive the owner of the goods of them permanently, for the statute will not make that 
 larceny which was not larcenv at common law (see Reg. v. Trebilcack, 27-L. J. (N. S.) M. 
 C. 103 ; 1 Dears. & Bell's C.'C. 453; 22 J. P. 112). Nor does this section apply to ne- 
 gotiable instruments entrusted to parties to negotiate and account for the proceeds, and 
 who have failed to account. 
 
 28 Time of Prosecution — Definitions of "Night Time" and " Game."] The prosecution 
 for offences under 9 Geo. 4, c. 69, must be commenced within twelve calendar months 
 (s. 4). The laying the information or apprehending the accused would be a commence- 
 
 Digitized by Microsoft® 
 
CHAP. II.] FRAUDULENT TRUSTEES— GAMING. 
 
 743 
 
 
 FormulteU 
 
 Where triable. 
 
 As 10 Ball. 
 
 PuDlahmeat. 
 
 If Costs of 
 
 Prosecution 
 
 allowed. 
 
 161 i 
 
 * ■ 
 
 Assizes (see s. 16). 
 
 Discretionary. 
 
 Pen. serv. for 3 yrs., — or 
 to suffer such other 
 punishment, by impr. 
 for not more than 2 
 
 . years with or without 
 h. 1., or by fine, as 
 the court shall award 
 (s. 10). 
 
 Yes 
 (sees. 15). 
 
 162 
 
 •• 
 
 Sessions. 
 
 Compulsory. 
 
 Fine or impr., or both, 
 
 No. 
 
 163 
 
 No. 188, 
 p. 322. 
 
 Sessions. 
 
 Compulsory. 
 
 Fine or impr. (with h. 1. 
 and s. c), or both. 
 
 No. 
 
 164 
 
 No. 189, 
 p. 322. 
 
 Id. 
 
 Id. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. with h. 1. for 
 not exc. 2 yrs. 
 
 No. 
 
 165 
 
 No. 190, 
 p. 322. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 No. 
 
 166 
 
 No. 191, 
 p. 322. 
 
 Assizes (s. 9). 
 
 Id. 
 
 Pen. serv. 14 — 3 yrs. i 
 — or impr. and h. 1. 
 not exc. 3 yrs. 
 
 No. 
 
 167 
 
 No. 192, 
 p. 323. 
 
 Sessions. 
 
 Discretionary. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or fine or impr. (with 
 h.l.and s. c), or both 
 (7 & 8 Geo. 4, i;. 29, 
 s. 53). 
 
 Yes (R. V. 
 Gardner, 
 17 Law T. 
 7i 14&15 
 Vict. c. 55, 
 S.2). 
 
 168 
 
 No. 193, 
 p. 322. 
 
 Id. 
 
 Compulsory. 
 
 Fine or impr., or both. 
 
 No. 
 
 ment (see R. v. Broolcs et al., 1 Den. C. C. 217 ; S. C. 2 C. & K. 402 ; 2 Cox's C. C. 436). 
 The " night time" is defined by s. 12 to be from the expiration of the first hour after sunset 
 until the beginning of the last hour before sunrise ; and " game" to be " hares, pheasants, 
 partridges, grouse, heath or moor game, black game and bustards." 
 
 29 Decision.} It is not essential that all the prisoners charged should actually 
 enter the inclosed places ; but if they are associated together for the common purpose of 
 taking game contrary to the statute, and some of the party actually enter such place to 
 eflect that purpose, while the others remain near enougii to aid and assist, they may all be 
 convicted under an indictment charging them with being in such place for such purpose 
 {Reg. V. fVhittaker and others, 17 Law J. M. C. 127 (crown case reserved) j 3 Cox's C. C. 
 50; U Law T. 310; 2 C. & K. 636; and see Reg. v. Uezxell, 20 Law J. M. C. 192 ; 15 
 Jur. 434; and Reg. i. Wood, 25 L. J. (N. S.) M. C. 96; 1 Dears. & Bell's C. C. 1). 
 
 Digitized by Microsoft® 
 
744 
 
 Indictable Offences. 
 
 [PAHT II, 
 
 OFFENCE. 
 
 GRANARY, destroying and taking grain therefrom, see 36 Geo. 3, 
 yj. 9, S3. 1, 2 i and see tit, " Riot," post. 
 
 GOVERNMENT, offences against, see tits. "Arms," "Arson," 
 " Coin," " Escape, tic.," " Foreign Service," " Oaths ( Unlaw- 
 ful)," " Public Service," "Queen," " Treason." 
 
 HOUSEBREAKING. 
 
 ] 69. Breaking and entering a dwellinghouse [or a building within 
 the same curtilage, with a communication between them 
 B. 13], and stealing therein. 
 
 170. The like, a building within the curtilage, but no communi- 
 
 cation between them. 
 
 171. Breaking and entering any shop, warehouse or counting- 
 
 house, and stealing therein any chattel, money or valuable 
 
 seclirity. 
 
 172. Any person found by night armed with any dangerous or 
 
 offensive weapon or instrument whatsoever, with intent to 
 
 break or enter into any dwellinghouse or other building 
 
 whatsoever, and to commit any felony therein, 
 
 or 
 
 173. Found by night having in his possession without lawful 
 
 excuse (proof of which to lie on him) any picklock key, 
 crow, jack, bit or other implement of housebreaking [not 
 necessarily with the intent to commit a felony, see Reg. v. 
 Bailey, 1 Dears. C. C. 241 ; 23 L. J. (N. S.) M. C. 13], 
 or 
 
 174. Found by night having his face blackened, or otherwise dis- 
 
 guised, with intent to commit any felony, 
 or 
 
 175. Found by night in any dwellinghouse or other building what- 
 
 soever, with intent to commit any felony therein. 
 
 176. Breaking and entering a house, shop, &c. in the daytime, 
 
 with intent to steal, but no larceny committed. 
 
 INDECENCY. 
 
 177. Exposing person nak«d to public view [or in an omnibus, 
 
 see Reg. v. Holmes, 1 Dears. C. C. 207; 22 L. J. (N. S.) 
 M. C. 122];— or any notorious lewdness, or scandalous 
 conduct which openly outrages decency. 
 
 178. Printing or publishing obscene writings or prints (NoteSQ). 
 
 ISee tit. "Vagrants," post. Offences, 12, 13.] 
 ISee also 20 ^ 21 Vict. c. 83, as to authority of justices to 
 grant a search warrant for these obscene works^ set out in 
 other offences, 9 Geo. 4, c. 74, «s. 56, 127, title "Obscene 
 Books," Part III.] 
 
 Clau of Offence 
 
 and 
 
 Statute or Anthoritr. 
 
 F. 7 & 8 Geo. 4, c. 29, 
 
 s. 12. 
 
 Id. s. 14. 
 
 Id. s. 15. 
 
 M. 14 & 15 Vict c. 19, 
 c. 1. 
 
 M. Common law. 
 
 Reg. V. Webb, 1 Den. 
 C. C. 338 ; 2 C. & K. 
 
 M. B. T. Curl, 2 Str. 
 78'8. 
 
 30 Procuring, Sfc. Obscene Prints an Indictable Offeiice.] In a recent case (Dugdale v. 
 Reg., 22 L. J. (N. S.) M. C. 50 j 17 J. P. 182) it was held, that obtaining and procuring 
 indecent prints and libels, in order and for the purpose of afterwards publishing and 
 
 Digitized by Microsoft® 
 
CHAP. 11.] 
 
 GRANARY—INDECENCY. 
 
 74S 
 
 
 
 
 
 
 
 
 Page,&c. 
 
 
 
 
 IfCoBUof 
 
 
 Where triiUe. 
 
 A< to BaU, 
 
 PuQlfihmeDt. 
 
 Prosecution 
 
 
 Formullst. 
 
 
 
 
 allowed. 
 
 169 
 
 No. 194, 
 p. 323. 
 
 Sessions. 
 
 Discretionary. 
 
 Pen. serv. 15 — lOyrs.; 
 — or impr. not exc. 3 
 yrs., li. f. and s. o. 
 
 Yes. 
 
 
 
 
 
 
 170 
 
 No. 195, 
 p. 323. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 171 
 
 No. 196, 
 p. 323. 
 
 Id. 
 
 Id. 
 
 The same (7 Will. 4 & 
 1 Vict. c. 90, s. 2). 
 
 Yes. 
 
 172 
 
 1 No. 197, 
 / p. 324. 
 
 Id. 
 
 Id. 
 
 Impr., with or without 
 
 Yes 
 
 175 
 
 
 
 h. 1. for not exc. 3 yrs. 
 
 (s. 14). 
 
 
 
 
 
 [Mem. On a subsequent 
 
 
 
 
 
 ' 
 
 conviction for these of- 
 
 
 
 
 
 
 fences qjFter a previous 
 
 
 
 
 
 
 conviction for a felony 
 or such offence, to be 
 
 
 
 
 
 
 
 
 
 
 
 liable to pen. serv. 6 — 
 
 
 
 
 
 
 10 — 3 yrs., or impr.. 
 
 
 
 
 
 
 with or without h. I., 
 
 
 
 
 
 
 not exc. 3 years (s. 2). 
 
 
 
 
 
 
 Night time the same as 
 
 
 
 
 
 
 in burglary (s. 13),«ee 
 
 
 
 
 
 
 Note 11. Pro/vision not 
 
 
 
 
 
 
 to repeal Vagrant Act, 
 
 
 
 
 
 
 5 Geo. 4, c. 83, but no 
 
 
 
 
 
 
 person to he punished 
 
 
 
 
 
 
 under both oc<s(s.l5).] 
 
 
 176 
 
 No. 198, 
 p. 324. 
 
 Id. 
 
 Id. 
 
 Fine or impr., or both. 
 
 • • 
 
 177 
 
 No. 199, 
 
 Sessions. 
 
 Discretionary. 
 
 Fine or impr. [with h. 1. 
 
 Yes (r4 & 
 
 
 p. 324. 
 
 
 
 14 & 15 Vict. c. 100, 
 s. 29], or both. 
 
 15 Vict 
 c. 56, ». 2). 
 
 178 
 
 No. 200, 
 p. 324. 
 
 Id. 
 
 Compulsory. 
 
 The same. 
 
 No. 
 
 disseminating them, was an act done in commencing a> misdemeanor, -and therefore an in- 
 dictable tlSeaee. 
 
 Digitized by Microsoft® 
 
746 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 INDIA, misdemeanors in, see 13 Geo. 3, c. 63. 
 JESUITS, coming into the realm, &c., see 10 Geo. 4, c. 7. 
 
 INSURANCE COMPANIES. 
 
 [Frauds or alterations of books of accounts by directors or 
 officers.] 
 
 [See Offences 161 c— 161 i, title "Fraudulent Trus- 
 tees," ante, pp. 740, 742.] 
 
 JOINT STOCK COMFA'SIES, see " Imuranee Companies." 
 
 JUVENILE OFFENDERS' ACT, see ante, p. 594. 
 
 LARCENY. 
 
 179. Simple larceny — [i.e. the taking — and carrying away — of the 
 
 personal goods of another, of any value, — against the will 
 or without the consent of the owner, — without any bond fide 
 claim of right, — with a felonious intent]. 
 
 [_As to offences by bailees, see title " Fraudulent Trustees," 
 Offence 161 d, ante, p. 740.] 
 
 180. Person committing the offence of simple larceny, or any 
 
 offence made punishable by 7 & 8 Geo. 4, c. 29, like simple 
 larceny {vide Offences 185, 186, 187, 192, 197 and 209), 
 after two summary convictions under 7 8£ 8 Geo. 4, cc. 29, 
 30, or under 10 & 11 Vict. c. 82 (the Juvenile Offenders' 
 Act), whether each of the convictions be in respect of an 
 offence of the same description or not {Note 33)- 
 
 181. Of orders, debentures, bills, bonds, &c., warrants or other 
 
 securities for money or goods. 
 
 182. Deeds, &c., being evidence of title to real property. 
 
 183. Wills or codicils, &c., — or fraudulently destroying or con- 
 
 cealing same. 
 
 184. Records, or other original documents from Court of Record, 
 
 or obliterating, injuring or destroying the same. 
 
 7&8Victc. 110, B. 31 
 Id. c. Ill, s. 30. 
 
 Cla£8 of Oflence 
 
 and 
 
 Statute or Authority. 
 
 F. Common La 
 {Note 31.) 
 
 F. 12 &13 Vict. c. 11, 
 ss. 3, 4. 
 
 7 & 8 Geo. 4, c. 29 
 B. 5. 
 
 M. Id. ». 23. 
 
 Id. s. 22. 
 Id. B. 21. 
 
 31 Enactment.'] By 14 Si 15 Vict. c. 100, ss. 16, 17, three larcenies from the same person 
 within six months may be included in the same indictment. 
 
 32 f^enue.] For the offence of simple larceny at common law the offender may be tried in 
 the county where goods, &c. stolen, or in any county or place into or through which he carried 
 them i and where stolen in one part of the United Kingdom and offender found with the 
 stolen property in another part of the United Kingdom, he may be indicted in the latter 
 (7 & 8 Geo. 4, c. 29, s. 76), but in such a case the goods must have retained their original 
 character, and the original taking must be such as would have been cognizable at common 
 law ; but since the 11 & 12 Vict. c. 42, s. 22, ante, p. 665, the proper course is to commit 
 for trial to the county, &c. where the offence was committed. 
 
 33 Punishment.'] By the 12 & 13 Vict. c. 11, which repeals the punishment of trans- 
 portation for simple larceny, and offences punishable as simple larceny, it is enacted (by 
 
 Digitized by Microsoft® 
 
CHAP. 11.] 
 
 INDIA— JESUITS— LARCENY. 
 
 747 
 
 
 Page, &c 
 
 
 
 
 If Costs of 
 
 
 ^of 
 
 Where triable. 
 
 As to BaU. 
 
 PuQishment. 
 
 Prosecution 
 
 
 Formulist. 
 
 
 
 
 allowed. 
 
 179 
 
 No. 201, 
 p. 324. 
 
 Sessions (Note 32). 
 
 Discretionary. 
 
 Impr. not exc. 2 years, 
 h. 1., s. c. and w. (see 
 Offence 180, and JVo<e 
 
 33). 
 
 Yes. 
 
 180 
 
 No. 202, 
 p. 325. 
 
 Id. 
 
 Id. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. and h. 1. not 
 exc. 2 yrs., s. c. and w. 
 (7 & 8 Geo. 4, c. 29, 
 ss. 3, 4, Note 33). 
 
 Yes. 
 
 181 
 
 No. 203, 
 p. 325. 
 
 Sessions. 
 
 Id. 
 
 The same as No. 179. 
 
 Yes. 
 
 182 
 
 No. 204, 
 
 Assizes (5 8c 6 Vict. 
 
 Compulsory. 
 
 Pen. serv. 7 — 3 yrs., — 
 
 No. 
 
 
 p. 326. 
 
 c. 38, ante, f. 675). 
 
 
 or fine or impr. or 
 both, h. 1. and s. c. 
 
 
 183 
 
 Nos. 205, 206, 
 p. 326. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 No. 
 
 18* 
 
 No. 207, 
 p. 326. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 - No. 
 
 s. 3) that where any person has been twice convicted of any of the offences punishable upon 
 summary conviction under the 7 & 8 Geo. 4, c. 29 (Larceny Act), the 1Q.& 11 Vict. c. 82 
 (Juvenile Offenders Act), and 7 & 8 Geo. 4, c. 30 (Malicious Injuries Act), whether each 
 of the convictions has been in respect of an offence of the same description or not, and 
 whether such convictions, or either of them, be before or after the passing of this act, if the 
 person so twice convicted shall afterwards commit the offence of simple larceny, or any 
 offence by the 7 & 8 Geo. 4, c. 29, made punishable like simple larceny,— such offender 
 being convicted thereof, shall be liable to be punished as if this act had not been passed, 
 «. e. penal servitude for not exceeding seven nor less than three years, or imprisonment, 
 with or without hard labour, for not more than two years, and whipping (7 & 8 Geo. 4, c. 
 29, ss. 3, 4 i 20 & 21 Vict. c. 3, s. 2). 
 
 Digitized by Microsoft® 
 
748 
 
 Indictable Offences. 
 
 [PAJIT II. 
 
 OFFENCE. 
 
 Claas or X)Ance 
 statute or Autkorlt;. 
 
 LARCENY— coB«naed. 
 
 
 185. 
 
 Hunting deer in inclosed grpund, — or killing or wounding 
 same, &c. 
 
 F. 7 & 8 Geo. 4, c 29, 
 ». 26. 
 
 186. 
 
 The like, in uninclosed ground, after a previous summary 
 conviction. 
 
 (See Offences 1—4, tit. "Larceny," ante, p. 350.) 
 
 F. Id. 
 
 187. 
 
 Oysters, or oyster brood from the oyster - bed, laying or 
 fishery, of another. 
 
 F. Id. s. 36. 
 
 188. 
 
 Using any dredge, net, instrument or engine whatsoever, for 
 taking oysters, or oyster brood, although none taken ; — or 
 dragging net, &c., on ground of fishery. 
 
 M. Id. 
 
 189. 
 
 Dogs (2nd Offence, see tit. " Dogs," ante, p. 284). 
 
 M. 8 & 9 Vict. c. 47, 
 s. 2. 
 
 190. 
 
 Having possession of stolen dogs, — or skin {2nd Offence). 
 
 Id. ». 3. 
 
 191. 
 
 Corruptly taking reward as to a stolen dog. 
 
 Id. s. 6. 
 
 192. 
 
 Stealing, — or damaging with intent to steal,-— a tree, sapling, 
 shrub, or underwood, growing in a park, pleasure ground, 
 garden, orchard or avenue, or in any ground belonging or 
 adjoining to a dwelling house, — value or damage above ^1. 
 
 F. 7 & 8 Geo. 4, c. 29, 
 S.38. 
 
 193. 
 
 The like, growing elsewhere,— value exceeding £5 [see Reg. 
 V. Whiteman, 1 Dears. C. C. 353; 23 L. ,J. (N.5.) M. Q. 
 120 ; 18 J. P. 281, as to how damage estimated']. 
 
 Id. 
 
 194. 
 
 The like, wheresoever growijjg, of value. of Is. at the least,-^ 
 after two previous summary convictions. 
 
 (See Offences 20—22, .tit. "Larceny," ante, p. 356). 
 
 Id. s. 39. 
 
 195. 
 
 The like, a plant, root, fruit, or vegetable productioq,. grow- 
 ing in a garden, orchard, nursery ground, hothouse, green- 
 house, or conservatory, — after one previous summary con- 
 viction. 
 
 (See Offences 27, 28, tit. "Larceny," ante, p. 356). 
 
 Id. s. 42. 
 
 196. 
 
 The like, metal, wood, &c., fixed to houses, land, or in any 
 public place. 
 
 Id. s. 44. 
 
 197. 
 
 Stealing, or severing with intent to steal, ,orfl «r.«oial from 
 mines. [From Cornish mines, .or concealing or^.td dei^aud 
 adventurers or other miners, 2 &;3 Vict x. S8„«. ilO;.<T-,(t):i 
 Devonshire mines, 18 & 19 Vi,et.,s..32,.s. 28.] 
 
 Id.B.3Z. 
 
 198. 
 
 Robbing any person,— ^or stealing ;ai^ property from Ike 
 person of another. 
 
 F. 7Will.4&iyict. 
 ,c 87, S..5. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 LARCENY. 
 
 749 
 
 
 FAnnillUt. 
 
 Where triable. 
 
 An to Ball. 
 
 t>unls1iment. 
 
 If Coils of 
 
 ProBeciitioQ 
 
 allowed. 
 
 185 
 
 No. 208, 
 p. 326. 
 
 Sessions. 
 
 Discretionary. 
 
 Same as simple larceny, 
 Offence 179, or as Of- 
 fence 180. 
 
 Yes. 
 
 186 
 
 No. 209, 
 p. 326. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 187 
 
 No. 210, 
 p. 326. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 188 
 
 Nos.211,212, 
 p. 326. 
 
 Id. 
 
 CompUl861^. 
 
 Pine not exc. £20, or 
 impr. with h. 1. and 
 s. c. for not exc. 3 
 cal. months, or both. 
 
 No. 
 
 189 
 
 No. 213, 
 p. iU. 
 
 Id. 
 
 Id. 
 
 Fine or impr., with h. 1. 
 not exc. 18 calendar 
 months, or both. 
 
 No. 
 
 190 
 
 No. 214, 
 p. 326. 
 
 Id. 
 
 Id. 
 
 Fine or impr., or both. 
 
 No. 
 
 191 
 
 No. 215, 
 p. 326. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 No. 
 
 192 
 
 No. 216, 
 p. 327. 
 
 Id. 
 
 Discretionary. 
 
 Same as simple larceny, 
 Offence 179, or as Of- 
 fence 180 for a sub- 
 sequent conviction. 
 
 Yes. 
 
 193 
 
 No. 217, 
 p. 327. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 194 
 
 No. 218, 
 p. 327. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 195 
 
 No. 219, 
 J). 327. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 196 
 
 No. 220, 
 p. 327. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 197 
 
 No. 222, 
 p. 327. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 198 
 
 Nos. 233". 
 
 ■223, 
 
 p. 327. 
 
 Id. 
 
 Id. 
 
 Pen. serv. 15— JO yre.; 
 — or impr. mot exc. i 
 years, h. 1. and s. c. 
 
 Yes. 
 
 Digitized by Microsoft® 
 
750 
 
 Indictable Offences. 
 
 [part [I. 
 
 OFFENCE. 
 
 LARCENY— continued. 
 
 199. Robbery, and stabbing, cutting or wounding person. {^Note 
 
 34.) 
 
 200. Robbery,— or assaulting with intent to rob — and being 
 
 armed, 
 
 or 
 
 201. Robbery, or assaulting with intent to rob — and in company 
 
 with one or more other person or persons, 
 or 
 
 202. Robbery, — or assaulting with intent to rob, and beating, 
 
 striking or using violence. 
 
 203. Demanding property with menaces, or by force, with intent 
 
 to steal the same. 
 
 201. Stealing in a dwellinghouse, — or a building communicating 
 therewith, to the value of £6 or more. 
 
 205. Stealing in a dwellinghouse, and putting any one therein in 
 bodily fear. 
 
 (See tit. " Housebreaking," ante, p. 744.) 
 
 206. From manufactories to value of lOj. 
 
 207. From ships in quay — or wrecked or stranded, or from docks, 
 wharfs, &c. 
 
 208. By clerks or servants,— or 3 larcenies within 6 months 
 {Note 36). 
 
 209. By tenants or lodgers, of chattels or fixtures let to be used 
 with house or lodging. 
 
 ClasB of OfTence 
 
 and 
 
 statute or Authority. 
 
 F. 7 Will. 4 & 1 Vict, 
 c. 87, s. 2. 
 
 Id. s. 3. 
 
 Id s. 7. 
 
 F. 7 & 8 Geo. 4, c. 29, 
 s. 12. 
 
 F. 7 Will. 4 & 1 Vict. 
 c. 86, s. 5. 
 
 F. 7 & 8 Geo. 4, u. 29, 
 s. 16. 
 
 F. Id. s. 17; and 
 
 7 Will. 4 & 1 Vict. 
 
 c. 87, s. 8. 
 
 F. 7 8c 8 Geo. 4, c. 29, 
 s. 46. 
 
 Id. ». 45. 
 
 34 Verdict.'] By sect. 11 of the 14 & 15 Vict. c. 100, if the jury do not find the 
 prisoner guilty of robbery, but that he did commit an assault with intent to rob, they may 
 find him guilty of the latter ; — or if the stabbing, &c. be not proved, he may be found guilty 
 of stealing from the person (iS. v. fVallis, 2 Car. & K. 214), or of simple larceny. 
 
 35 Venue.'} As to the ofience of stealing from a ship stranded, the ofiender may be 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 LARCENY. 
 
 751 
 
 
 Page, &c, 
 
 of 
 Formulist. 
 
 Where triable. 
 
 As to Ball. 
 
 Punlihment. 
 
 If Costs of 
 
 ProRecntion 
 
 allowed. 
 
 199 
 
 No. 226, 
 p. 327. 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675). 
 
 Discretionary. 
 
 Death. [Sentence re- 
 corded, 4 Geo. 4, 0. 
 48, ». 1.] 
 
 Yes. 
 
 200 
 202 
 
 \ Nos. 
 
 227, 229, 
 pp. 327, 328. 
 
 Id. 
 
 Id. 
 
 Pen. serv. life — 15 yrs. ; 
 or impr. not exc. 3 
 years, li. I. and s. >;. 
 
 Yes. 
 
 203 
 
 No. 230, 
 p. 328. 
 
 Sessions. 
 
 Id. 
 
 Impr. not exc. 3 years, 
 h. 1. and s. t. 
 
 Yes. 
 
 204. 
 
 No. 231, 
 p. 328. 
 
 Id. 
 
 Id. 
 
 Pen.serv. 15 — lOyrs.;— 
 or imp. not exc. 3 yrs., 
 h.I. ands.c.(7Will. 
 4&lVict.c.90,s.l). 
 
 Yes. 
 
 205 
 
 No. 232, 
 p. 328. 
 
 Id. 
 
 Id. 
 
 Pen. serv. 15 — 10 yrs. ; 
 — or impr. not exc. 3 
 yrs., h.I. and s. c. (7 
 Will.4&lVict.c.90, 
 =.3). 
 
 Yes. 
 
 206 
 
 No. 233, 
 p. 328. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 207 
 
 Nos. 
 
 234—236, 
 
 pp. 328, 329. 
 
 Sessions {Note 35)- 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 208 
 
 Nos. 237, 238, 
 p. 329. 
 
 Sessions. 
 
 Id. 
 
 Pen. serv. 14 — 3 yrs. ; — 
 or impr. not exc. 3 
 yrs., h. 1., s. c. and w. 
 
 Yes. 
 
 209 
 
 No. 239, 
 p. 329. 
 
 Id. 
 
 Id. 
 
 Where valtie of article 
 stolen not exc. £,5 f imp. 
 not exc. 2 yrs., h.I., s.c 
 andw. (12&13Vict 
 c. ll,ss. 1, 2). If exc. 
 £5, same as Offence 
 No. 180, pen. serv. 
 7-3yrs. &c. (Id.) 
 
 Yes. 
 
 tried in the county, &c. next adjoining where the offence committed (7 & 8 Geo. 4, t. 
 29, s. 18). 
 
 36 yerdict.^ Upon an indictment for this offence, the jury may find the prisoner not 
 guilty of it, but guilty of embezzlement, and he shall then be punished accordingly (14 & 
 15 Vict e. 100, s. 13). See Note 31, and R. v. Gorbutt, 1 Dears. & Bell, C. C. 166: 26 
 L. J. (N. S.)M. C. 47. 
 
 Digitized by Microsoft® 
 
752 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 LARCENY — continued. 
 
 210. Larceny after a previous conviction for felony. 
 
 IFor other subsequent Fehnies, see " Subsequent Felony," 
 post; and see the Criminal Justice Act, 18 Sf 19 Vict, 
 c. 126, s. 11, ante, p. S84, which provides that a con- 
 viction under that act is to have the same effect as a con- 
 viction upon indictment for the same offence would have 
 had.] 
 
 Accessories after the fact. 
 
 LETTER (THREATENING). 
 
 211. By letter threatening to kill any person, or burn or destroy 
 house, &c. 
 
 212. Demanding money, &c. by letter, without reasonable or pro- 
 bable cause. 
 
 213. By letter accusing— or threatening to accuse — of an infa- 
 mous crime, rape, or any crime punishable with death or 
 transportation, with a view to extort money, &c. 
 
 [&e tit. " Accusing," ante, p. 704, where threats not 
 by letter I and tit, " Sodomy," post, where money ex- 
 torted.'] 
 
 LIBELS. 
 
 214 Against the person and government of the Queen. 
 
 21S. Against either house of parliament, — against the constitu- 
 tion,— or the administration of justice. 
 
 216. Publishing— or threatening to publish — any libel upon any 
 
 person, — or proposing to abstain from so doing, — with a 
 view to extort money, &e. 
 
 217. Publishing any defamatory libel, knowing it to be false. 
 
 F. 7 & 8 Geo. 4, c. 28, 
 
 s. 11; 16 & 17 Vict. 
 
 c. 99, s. 12. 
 
 F. 7 8i 8 Geo. 4, o. 29, 
 
 s. 61 ; 7 Will. 4 & 1 
 
 Vict. c. 86, s. 6 ; u. 87, 
 
 s. 9. 
 
 F. 4 Geo.4, e.S4, s. 3 
 
 10 & 11 Vict. c. 66, 
 
 s. 1. 
 
 F. 7 & 8 Geo. 4, i> 29 
 
 s. 8. 
 
 218. Maliciously publishing any defamatory libel. 
 
 LUNATICS. 
 
 219. As to County or Borough Asylums.] Receiving a pauper into 
 
 asylum without the order and medical certificate required. 
 
 Oass of Offence 
 
 aod 
 
 Statute or Authority. 
 
 Id., and 10 & 11 Vict 
 c. 66, s. 1. 
 
 M. Arch. Cr. PI. by 
 Welsby,12thed.p.607. 
 
 M. 1 Russ. on Crimes, 
 223 ; Arch. Cr. PI. by 
 Welsby,12thed. p.670. 
 
 M. 6 8t 7 Vict. c. 96, 
 
 3. 3 ; Arch. Cr. PI. by 
 
 Welsby, 12th ed. p. 695. 
 
 Id. s. 4. 
 
 Id. 
 
 M. 16 & 17 Vict. c. 97; 
 s. 73. 
 
 37 Venue.] The offender may be tried either in the county from which the letter was 
 sent or posted (ij. v. Williams, 2 Camp. 506),— or in the county in which it was received. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 LARCENY— LUNATICS. 
 
 763 
 
 210 
 
 Page, &C. 
 
 of 
 Formullst. 
 
 211 
 
 212 
 
 213 
 
 214 
 215 
 
 216 
 
 217 
 
 218 
 
 219 
 
 No. 240, 
 p. 329. 
 
 No. 242, 
 p. 329. 
 
 No. 243, 
 p. 330. 
 
 No. 244, 
 p. 330. 
 
 No. 246, 
 p. 330. 
 
 No. 247, 
 p. 330. 
 
 No. 248, 
 p. 331. 
 
 No. 249, 
 p. 331. 
 
 No. 250, 
 p. 331. 
 
 Sessions. 
 
 Discretionary. 
 
 Id. 
 
 Assizes (5 8j 6 Vict, 
 c. 38, Notes 37. 
 
 38). 
 Id. 
 
 Id. 
 
 Id. 
 
 Discretionary 
 
 Id. 
 
 Id. 
 
 Assizes (5 & 6 Vict, 
 c. 38, onfe, p. 675). 
 
 Id. 
 
 Id. (Note 38). 
 
 Id. 
 
 Id. 
 
 Sessions. 
 
 Pen. serv. 1 — 4 yrs. ( 1 6 
 &17Vict.c.99,s.l2); 
 — or impr. not exc. 4 
 yrs., h. 1., s. c. and w 
 
 Impr. with h. 1. and s. c, 
 for not exc. 2 years. 
 
 Pen. serv. life— 3 yrs, 
 — or impr. not exc. 4 
 yrs., h. 1., s. c. and w. 
 
 The same. 
 
 The same. 
 
 Compulsory. 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Compulsory. 
 
 IfCOBtSOf 
 
 Prosecution 
 allowed. 
 
 Fine or impr., or both. 
 The same. 
 
 Impr. and h. 1. for not 
 exc. 3 yrs. 
 
 Impr. not exc. 2 years, 
 and fine as court may 
 award. 
 
 Fine or impr., or both 
 but impr. not to ex- 
 ceed 1 year. 
 
 Fine or impr., or both. 
 
 38 Venue.'] Of the county where the prosecutor received it (JL v. Girdwood, 2 East, 
 P. C. 1120) or from whence the offender sent it (see 1 Campb. 215). 
 
 3c 
 
 o.s. 
 
 Digitized by Microsoft® 
 
754 
 
 Indictable Offences. 
 
 [part II, 
 
 OFFENCE. 
 
 LUNATICS— co«<!naed. 
 
 220. The like, a person not a pauper (two medical certificates 
 
 required). 
 
 221. Clerk of asylum wilfully making untrue entry of death, dis- 
 
 charge or removal of a patient 
 
 222. Any physician, surgeon oi apothecary falsely stating or cer- 
 
 tifying anything in any certificate, — and any person signing 
 a certificate as a physician, &c., when not so. 
 
 223. Any superintendent, officer, nurse, attendant, servant or 
 
 other person striking, vrounding, illtreating or wilfully 
 neglecting any lunatic. 
 
 As to Private Asylums."] The following sections of the acts contain 
 a variety of other offences by officers of asylums, for which 
 the commissioners or visitors or Attorney or Solicitor- 
 General must prosecute, viz.: — 8 & 9 Vict. c. 100, ss. 23, 
 27, 29, 44, 49, 50, 52, 54, 59, 63, 64, 68, 90; and 16 & 17 
 Vict. c. 96, ss. 4, 5, 7, 9, 13, 14, 18. 
 
 MAINTENANCE. 
 
 224. Of suits or quarrels of others. 
 
 MALICIOUS INJURIES. 
 
 225. To manufactures, machinery, &c. ; — or forcibly entering 
 house, &c. with intent to commit offence. 
 
 226. To threshing or any other machine, &c. 
 
 227. To dwellinghouse (person being therein) by gunpowder or 
 other explosive substance. 
 
 228. To a tree, sapling, shrub or underwood growing in a park, 
 
 pleasure ground, garden, orchard or avenue, or In any 
 ground adjoining or belonging to a dwellinghouse, — injury 
 exceeding £1. 
 
 229. To a tree, &c. growing elsewhere, injury exceeding £5 (see 
 
 Reg. V. Whiteman, 1 Dears. C. C. 353 ; 23 L. J. (N. S.) 
 M. C. 120; 18 J. P. 281, as to how damagi estimated). 
 
 230. To a tree, &c. wheresoever growing, injury Is. at the least, — 
 
 after two previous summary convictions (as Offences 1, 2, 
 ante, p. 368). . 
 
 Class of Offence 
 
 and 
 
 Statute or Authority. 
 
 M. 16 & 17 Vict. t. 97, 
 
 s. 74. 
 
 Id. ». 93. 
 
 Id. s. 122. 
 
 Id. s. 123. 
 
 M. 1 Hawk. i;. 83, 
 ss. I, 2. 
 
 F. 7 & 8 Geo. 4, c. 30, 
 s. 3. 
 
 Id. s. 4. 
 
 F. 9 & 10 Vict c. 25, 
 s. I. 
 
 F. 7 & 8 Geo, 4, c. 30, 
 s. 19. 
 
 Id. 
 
 Id. s. 20. 
 
 Digitized by Microsoft® 
 
CHAP. II.] LUNATICS-MALICIOUS INJURIES. 
 
 755 
 
 of 
 FonnuliBt. 
 
 If CoBts of 
 
 Prosecution 
 
 allowed. 
 
 220 
 221 
 222 
 
 223 
 
 224 
 
 225 
 
 226 
 
 227 
 
 228 
 
 229 
 
 230 
 
 No. 251, 
 p. 331. 
 
 Nos. 
 
 252—254, 
 
 pp. 331, 332 
 
 No. 255, 
 p. 332. 
 
 No. 256, 
 p. 332. 
 
 No. 257, 
 p. 332. 
 
 No. 258, 
 p. 332. 
 
 No. 259, 
 p. 332. 
 
 Sessions. 
 Id. 
 Id. 
 
 Id. 
 
 Compulsory. 
 Id. 
 Id. 
 
 Id. 
 
 Fine or impr., or both. 
 The same. 
 The same. 
 
 The same— (or punish 
 ahle summarily; see 
 Offence No. 8, ante, 
 p. 365). 
 
 Sessions. 
 
 Assizes (5 & 6 Vict, 
 c. S8, ante, p. 675)c 
 
 Sessions. 
 
 Assizes (s. 15). 
 
 Sessions. 
 
 Id. 
 
 Id. 
 
 Compulsory. 
 
 Discretionary. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Fine or impr., or both ; 
 —or, by 33 Edw. 1, 
 St. 3, impr. for 3 yrs. 
 and fine at the king's 
 pleasure. 
 
 Pen. serv. life— 3 yrs. ; 
 — or impr. not exc. 4 
 yrs., h. 1., s. c. and w. 
 
 Fen. serv. 7—3 yrs.;- 
 or impr. not exc. 
 yrs., h. 1., s. c. and w. 
 
 Pen. serv. life — 15 yrs. ; 
 — or impr. not exc. 3 
 yrs., h. 1., s. c. and w. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. not exc. 2 
 yrs., h. 1., s. c. and w, 
 
 The same. 
 
 The same. 
 
 No. 
 No, 
 No. 
 
 No. 
 
 No. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 Yis. 
 
 Yes. 
 
 Yes. 
 
 3c2 
 
 Digitized by Microsoft® 
 
756 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Class of Offence 
 
 and 
 
 Statute or Authority. 
 
 MALICIOUS INJURIES— conitMMcrf. 
 
 231. To a plant, root, fruit or vegetable production growing in a 
 
 garden, orchari^, nursery ground, hothouse, greenhouse or 
 conservatory, — after one previous summary conviction (as 
 Offences 3, 4, ante, p. 368). 
 
 232. To hopbinds growing on poles in plantation of hops. 
 
 233. To mines by flooding ; — to airway, engines, staith, building, 
 bridge, waggonway, &o. of same. 
 
 234. To banks or docks, &c., of rivers and canals. 
 
 235. To piles for securing sea banks, or floodgates, &c. 
 
 236. To the dam of any mill or fish pond, — or putting lime in 
 fish ponds. 
 
 237. To public bridges. 
 
 238. To turnpike gates ; — or wall, chain, house, weighing machine, 
 
 &c. of same. 
 
 239. To ships, whether unfinished or not, with intent to destroy 
 
 same. 
 
 240. Exhibiting false signals to bring ships into danger. Sic. — or 
 doing anything else tending to destroy ship. 
 
 241. Destroying part of a ship in distress, — or any goods belong- 
 ing thereto. 
 
 242. Throwing gunpowder or other explosive substance into or 
 
 near any building or vessel with intent to destroy same, 
 whether or not any explosion takes place, &c. 
 
 243. To scientific and literary collections in museums, &c.; — to 
 
 pictures in a church. Sic; — or to a statue in a public 
 place [and see 17 & 18 Vict. u. 33, o. 6, as to London]. 
 
 244. Accessories after the fact. 
 
 F. 7 & 8 Geo. 4, c. 30, 
 s. 21. 
 
 Id. ». 18. 
 
 Id. ss. 6, 7. 
 
 Id. s. 12. 
 
 Id. 
 
 M. Id. o. 15. 
 
 F. Id. s. 13. 
 
 M. Id. B. 14. 
 F. Id. s. 10. 
 
 F. 7 Will. 4 8c 1 Vict, 
 u. 89, s. 5. 
 
 Id. s. 8. 
 
 F. 9 8: 10 Vict. c. 25, 
 s. 6. 
 
 M. 8 8c 9 Vict. c. 44, 
 
 !S. 1. 
 
 F. 7 & 8 Geo. 4, c. 30, 
 
 s. 26, and 9 Sc 10 Vict. 
 
 c. 25, s. 10. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 MALICIOUS INJURIES. 
 
 757 
 
 Page, &C. 
 
 of 
 Formullst:. 
 
 231 
 
 232 
 
 233 
 
 234 
 
 235 
 
 236 
 
 237 
 
 238 
 239 
 
 240 
 
 241 
 
 242 
 
 243 
 
 244 
 
 No. 260, 
 p. 332. 
 
 No. 261, 
 p. 332. 
 
 Nos. 
 
 262—266, 
 
 p. 333. 
 
 Nos. 267, 268,' 
 p. 333. 
 
 Nos. 269, 270, 
 p. 333. 
 
 Nos. 271- 
 
 273, pp. 333, 
 
 334. 
 
 Nos. 274, 275, 
 p. 334. 
 
 Nos. 276— 
 278, p. 334. 
 
 No. 279, 
 p. 334. 
 
 Nos. 280, 281, 
 p. 334. 
 
 No. 282, 
 p. 335. 
 
 No. 283, 
 p. 335. 
 
 Nos. 284— 
 286, p. 335. 
 
 Sessions. 
 
 Id. 
 
 Id. 
 
 Assizes (5 8r 6 Vict, 
 c. 38, ante, p. 675), 
 
 Discretionary 
 
 Id. 
 
 Sessions. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Assizes (5 & 6 Vict. 
 0. 38, ante, p. 675). 
 
 Sessions. 
 Id. 
 
 Assizes (5 & 6 Vict. 
 0. 38, ante, p. 675). 
 
 Sessions. 
 
 Assizes (s. 15). 
 
 Sessions. 
 
 Compulsory. 
 
 Discretionary, 
 
 Compulsory. 
 Discretionary. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 Compulsory. 
 
 Pen. serv. 7 — 3 yrs. ; 
 or impr. not exc. 2 
 yrs., h. 1., s. c. and w. 
 
 Pen. serv. 15 — 10 yrs.; 
 — or impr. not exc. 3 
 yrs., h. 1. and s. u. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. not exc. 2 
 yrs., h. 1., s. c. and w 
 
 Pen. serv. life — 3 yrs.^ 
 — or impr. not exc. 4 
 yrs., h. I., s. c. and w 
 
 Pen. serv. 7 — 3 yrs.; — 
 or impr. not exc. 2 
 yrs. li. I., s. c. and w. 
 
 The same. 
 
 Assizes or Sessions. 
 
 If Costs of 
 
 Prosecutfoa 
 
 allowed. 
 
 Discretionary. 
 
 Pen. serv. life— 3 yrs. ; 
 — or imp. not exc. 4 
 yrs., li. 1., B. c- and w 
 
 Fine or impr. (li. 1. and 
 s. c), or both. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. not exc. 2 
 yrs., h. 1., s. c. and w. 
 
 Death. [Sentence re 
 corded, 4 Geo. 4, c. 
 
 48, s. 1.] 
 
 Pen. serv. 15 — 10 yrs. ; 
 — or impr. not exc. 3 
 yrs,, h. 1. and s. c. 
 
 Pen. serv. not exc. 15 
 yrs. ; — or impr. not 
 exc. 2 yrs., h. 1., s. c. 
 and w. 
 
 Impr. not exc. 6 m., h. 1. 
 and Vf . 
 
 Impr. not exc. 2 yrs. 
 h. 1., s. c. and w. 
 
 Yes. 
 
 Yes. 
 Yes. 
 Yes. 
 Yes. 
 
 No. 
 
 Yes. 
 
 No. 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 No. 
 Yes. 
 
 Digitized by Microsoft® 
 
758 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Class of OBeoce 
 
 and 
 
 Statute or Authority. 
 
 MANSLAUGHTER {Note 39). 
 
 245. The unlawful killing of another without malice, either ex- 
 press or implied, which may be either voluntarily, upon a 
 sudden heat, or involuntarily, but in commission of some 
 unlawful act 
 
 Accessory after the fact. 
 
 F. Burke's Crim. Law, 
 
 p. 98 ; Arch. Cr. PI. by 
 
 Welsby, 12th ed. 
 
 497, 522. 
 
 F. 9 Geo.4, c. 31, S.31. 
 
 MERCHANT SHIPPING. 
 
 I. Offences by Masters op Ships, infra. 
 11. Offekces by Pilots and Shipfinq Masters, &c., 
 infra. 
 III. Other Offences, p. 760. 
 
 I. Offences by Masters of Ships. 
 
 246. Using improper certificate of registry (s. 52); — permitting to 
 be carried papers, &c. with intent to conceal British cha 
 racter of ship, or to assume a foreign character ; — or making 
 false declaration of qualifications of owners (s. 103, arts. 2, 
 4, and 18 & 19 Vict. c. 91, s. 9); — falsifying agreements of 
 seamen, or assisting therein, or procuring same to be 
 done (s. 164) ; — not making reports of character of per 
 sons discharged before shipping master, or making false 
 reports of service, &c. (s. 176) ; — forcing seamen or ap- 
 prentices on shore, or leaving them behind before com- 
 pletion of voyage (s. 206); — discharging or leaving appren- 
 tice abroad without certificate of some functionary (s. 207) ; 
 — misconduct, breach of duty, &c., endangering the ship, 
 or life or limb (s. 239); — destroying, mutilating, &c. any 
 entry in official logs, or making a false entry therein 
 (s. 284, art. 3). 
 
 \_As to offences at sea by Masters^ Seamen or Apprentices, 
 see ss. 267, 268, 270, of the 17 ^ 18 rict. c. 104.] 
 
 II. Offences by Pilots, Shipping Masters, &c. 
 
 247. Pilots guilty of breach of duty, endangering ship, life or limb. 
 
 248. Shipping master or other public officer granting or issuing 
 
 any money order with a fraudulent intent 
 
 M. 17 & 18 Vict. c. 104. 
 
 Id. s. 366. 
 F. Id. s. 179. 
 
 39 Describing Offence of Murder or Manslaughter in Indictment — Fenue — Offences 
 Abroad.] By 14 & 15 Vict. c. 100, s. 4, in any indictment for murder or manslaughter, it is 
 not necessary to set forth the manner in which, or the means by which, the death of the 
 deceased was caused ; but it is sufiicient in the former charge to allege that the defendant 
 did feloniously, wilfully and of his malice aforethought, kill and murder ; and in the latter 
 charge, that he did "feloniously kill and slay" the deceased. By 9 Geo. 4, c. 31, s. 7, 
 British subjects, charged in England with murder or manslaughter abroad, may be tried in 
 England under a special commission (see that enactment and generally as to offences 
 abroad or at sea by foreigners as well as British subjects, ante, pp. 621—626). Where the 
 cause of death happens in one county and the death in another, the offender may be tried 
 
 Digitized by Microsoft® 
 
CHAP. II.] MANSLAUGHTER— MIRGHANT SHIPPING. 759 
 
 
 Page. &C. 
 
 
 
 
 If Costs of 
 
 
 of 
 
 Where triable. 
 
 Ah to Bail. 
 
 PunlEhmeQt. 
 
 Prosecutiou 
 
 
 FormuUBt. 
 
 
 
 
 allowed. 
 
 245 
 
 No. 287, 
 
 Assizes (5 & 6 Vict. 
 
 Discretionary. 
 
 Pen. serv. life— 3 years ; 
 
 Yes. 
 
 
 p. 335. 
 
 c. 38, ante, p. 675). 
 
 
 — or impr. with h. 1. 
 not exc. 4 yrs., or fine 
 (9Geo. 4, c. 31,6.9). 
 
 
 
 
 Id. 
 
 Id. 
 
 Impr. not exc. 2 years, 
 h.l. 
 
 Yes. 
 
 246 
 
 
 Sessions (see Note 
 
 Compulsory. 
 
 Fine or impr. with or 
 
 Yes 
 
 
 
 39 a)- 
 
 
 without h. 1. (s. 518, 
 art. 1). 
 
 [Mem. By art. 2, " every 
 offence declared by 
 this act to be a mis- 
 demeanor shall also 
 be deemed to be an 
 offence hereby made 
 punishable by impr. 
 for any period not exc. 
 6 m. with or without 
 h. 1., or by a penalty 
 not exc. £100, and 
 may be prosecuted ac- 
 cordingly in a sum- 
 mary manner, instead 
 ofbeingprosecutedas 
 a misdemeanor." See 
 title " Merchant Ship- 
 ping," ante, p. 392.] 
 
 (s.518, 
 art 1). 
 
 247 
 
 •• 
 
 Id. 
 
 Id. 
 
 The like. 
 
 Id. 
 
 248 
 
 •• 
 
 Id. 
 
 Id. 
 
 Pen. serv. not exc. 4 
 years. 
 
 Yes. 
 
 in either (7 Geo. 4, c. 64, b. 12, ante, p. IS) ; but where the cause of death happens in 
 England, and the death at sea or out of England,— or vice versa, — the offender may be 
 tried in England where the cause of death or death happened, as if the offence had been 
 wholly committed there (9 Geo. 4, c. 31, s. 8, ante, p. 624). Upon an indictment for 
 murder, the jury may find the prisoner not guilty of the murder, hut guilty of manJaughter 
 (2 Hawk. c. 47, ss. 4, 5). 
 
 39 a Venue.']- By s. 520, every offence created by this act is to be deemed to have been 
 committed either in the place in which the same was actually committed, or in any place 
 in which the offender cottiplained against may be ; and see s. 521, in Note'188, o-nte, p. 393, 
 as to offences on board a ship, at sea, or in a foreign port. 
 
 Digitized by Microsoft® 
 
760 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Clafifl or Offence 
 
 and 
 
 Statute or Authority. 
 
 MERCHANT SHIPPING— coKWnaed. 
 
 III. Other Offences. 
 
 248a. Fraudulently altering forms issued by Board of Trade (s. 10) ; 
 making, &c. false representations for obtaining certificate 
 of competency or service, or making use of forged certifi 
 cate (s. 140) ; — falsifying agreement with seamen (s. 164) 
 — making or procuring to be made any false certificate of 
 service, &c. of seaman, or forging certificate (s. 176) 
 forgery or false representations in order to obtain wages or 
 property of deceased seamen (s. 203) ; — forgery or false 
 representations in support of application to Admiralty for 
 compensation on account of seaman volunteering into navy 
 (s. 220) J — forging or altering certificate of Board of Trade 
 as to passenger steamer (s. 320), 
 
 M. 17 & 18 Vict. c. 104. 
 
 249. 
 
 as to passenger steamer (^s. sM). 
 
 Forging, or assisting in forging, any register book, certificate 
 of surveyor, of registry, of ownership, bill of sale, mort- 
 gage, &c. 
 
 250. Selling wreck or part of cargo in a foreign port. 
 
 251. Forgery or making false representations in order to obtain 
 
 deposits or interest in a seamen's savings bank. 
 
 F. Id. s. 101. 
 
 F. Id. s. 479. 
 
 M. 19 & 20 Vict. u. 41 
 ». 6. 
 
 M. Arch. Cr. PI. by 
 Welsby, 12thed.p.665. 
 
 F. Com. Law. 
 
 MISCONDUCT. 
 
 252. Of officers of justice. 
 
 MISPRISION OF FELONY, see " Felony," ante, p. 730. 
 
 MURDER (JVo<e 39). 
 
 253. [Described by Sir Edward Coke as " when a person of sound 
 
 memory and discretion unlawfully killeth any reasonable 
 creature in being, and under the king's peace, with malice 
 aforethought, either express or implied."] 
 
 Accessory after the fact. 
 
 [See tit. "Attempts to Murder," ante, p. 712.] 
 MUTINY, inciting to, see 37 Geo. 3, c. 70. 
 NEWFOUNDLAND, crimes in, see 10 & 11 Will. 8, c. 25, s. 13, 
 
 NUISANCES. 
 
 254. Obstructing highway, river, bridge, — nonrepairing same, — M. 5 Burn's Jus. 29th 
 
 carrying on offensive trade, — keeping a fierce dog or a bull -' - "" "■' 
 loose,— and numerous others, for which see [and see tits, /viuii.v^r.jri. oyyieisuy 
 "Disorderly House," " Gaming Houses," Reg. v. Lister and 12th ed. pp. 715—736 
 Biggs, 1 Dears. & Bell, C. C. 209 j 21 J. P. 422]. 
 
 F. Id. 
 
 Digitized by Microsoft® 
 
CHAP. II.] MERCHANT SHIPPING-NUISANCES. 
 
 761 
 
 l*age, &C. 
 
 of 
 Formullsi. 
 
 24Sa 
 
 249 
 
 250 
 251 
 
 Sessions (see Note 
 
 39 a). 
 
 Compulsory. 
 
 252 
 
 253 
 
 254 
 
 Assizes (5 & 6 Vict, 
 c. 38, ante, p. 675) 
 
 Sessions. 
 Id. 
 
 Nos. 
 288, 289, 
 p. 336. 
 
 Nos. 
 
 290—297, 
 
 pp. 336, 337. 
 
 If Costs of 
 
 Prosecutfou 
 
 allowed. 
 
 Fine or impr. with or 
 without b. 1- (s. 518, 
 art 1). 
 
 \_See Mem. to Offence 
 246, supra."] 
 
 Discretionary. Pen. serv, 7 — 3 years ; 
 — or impr. not exc. 2 
 years (7 & 8 Geo. 4, 
 c. 28, ss. 8, 9). 
 
 Sessions. 
 
 Assizes (5 & 6 Vict. 
 38, ante, p. 675). 
 
 Id. 
 
 Sessions, 
 
 Id. 
 
 Compulsory. 
 
 Compulsory. 
 
 Discretionary, 
 
 but see ante, 
 
 p. 679. 
 
 Id. 
 
 Compulsory. 
 
 Pen. serv. not exc. 4 
 years. 
 
 Pen. serv. not exc. 4 Yes (17 & 
 
 Yes 
 (s. 518, 
 art. 1). 
 
 Yes. 
 
 Yes. 
 
 yrs., with or without 
 h. 1., or impr. not exc. 
 2 yrs. ; — or summarily 
 punished by impr. 
 with or without h. 1. 
 not exc. 6 months. 
 
 Fine or impr., or both. 
 
 Death (9 Geo. 4, c. 31, 
 s. 3 J 6 & 7 Will. 4, 
 c. 30, s. 2). 
 
 Pen. serv. life ; — or 
 impr. not exc. 4 yrs., 
 h. 1. (9 Geo. 4, c. 31, 
 s. 3). 
 
 Fine or impr., or both j 
 and nuisance to be 
 abated if continuing. 
 
 18 Vict, 
 c. 104, 
 s. 518, 
 art. 1). 
 
 No. 
 
 Yes. 
 
 Yes. 
 
 Yes, in 
 
 some cases 
 
 (l&2Geo. 
 
 4, c. 41). 
 
 Digitized by Microsoft® 
 
762 
 
 Indictable Offences. 
 
 [part ir. 
 
 OFFENCE. 
 
 Claiis of offence 
 
 and 
 
 Statute or Authority. 
 
 OATHS (UNLAWFUL). 
 
 255. Administering,— or causing to be administered, — any oath to 
 
 commit any treason or murder, — or any felony punishable 
 by law with death. 
 
 256. Taking same, without being compelled. 
 
 257- Administering, — or causing to be administered, — or present 
 at the administering of, — any oath to disturb the public 
 peace, or to engage in seditious purposes, &c. ; — or taking 
 same without being compelled. 
 
 258. OATHS (VOLUNTARY), justice of the peace or other 
 person administering. 
 
 [See Reg. v. Nott, Dav. & M. 1 ; C. & Mar. 288 ; 7 
 J. P. 351 ; and an abstract of the 5 & 6 Will. 4, t. 62, 
 title " Oaths," in Part III.] 
 
 OBSCENE BOOKS, see title "Indecency," ante, p. 744, and 
 Part IIL 
 
 OFFICE. 
 
 259. Buying or selling of offices,— or soliciting for money, &c. 
 
 IFor refusing to execute, see tit. " Constables," ante, p. 722, 
 Offence No. 96.] 
 
 OVERSEERS [same as " Constables," Offence 96]. 
 
 PERJURY (Note 41). 
 
 260. Perjury and subornation of perjury at common law. 
 
 [Mem. The oath must be taken — I. In a judicial proceeding ; 
 2. Before a competent jurisdiction ; 3. It must be material 
 to the question depending; 4. It must be false, or not 
 known by defendant to be true ; and 5. It must be taken 
 deliberately and intentionally.'] 
 
 F. 52 Geo. 3, c. 104, 
 
 5.1. 
 
 Id. 
 
 F. 37 Geo. 3,0. 123, 
 s.l. 
 
 M. 5 & 6 Will. 4, c. 62, 
 S.13. 
 
 M. 5 & 6 Edw. 6, c. 16 ; 
 49 Geo. 3, c. 126, s. 3; 
 6 Geo. 4, c. 105, s. 10. 
 
 M. 1 Hawk. c. 69, 
 
 ss. 1,9 J Arch. Cr. PI. 
 
 by Welsby, 12th ed. 
 
 p. 651. 
 
 40 f^enue.'] For the offences Nos. 255, 256, the offender may be tried before a court 
 of oyer and terminer in any county in England, as if the offence were committed there (52 
 Geo. 3, c. 104, s. 8). 
 
 41 Mode of Prosecution for Perjury.] By the decision in E. v. Bartlett, 12 L. J. 
 (N. S.) M. C. 127, a justice had no power to commit for perjury at common law ; but now, 
 since the Act 11 & 12 Vict. u. 42, he may do so for any "indictable offence" (see 
 ante, p. 604). Since the latter act, however, the course of proceeding in cases of perjury 
 and subornation of perjury has been specially provided for by the 14 & 15 Vict. c. 100, 
 s. 19, set out ante, p. 68. Sections 20, 21, 22 relate to the form of the indictment, &e. 
 No depositions of witnesses will be necessary-to be taken under the enactment 14 & IS 
 
 Digitized by Microsoft® 
 
CHAP. II.] OATHS (UNLAWFUL)-PERJURY. 
 
 763 
 
 Page, &c. 
 of 
 
 Formulist. 
 
 Where triable. 
 
 If Costs of 
 
 ProsecutioQ 
 allowed. 
 
 255 
 
 256 
 
 257 
 
 258 
 
 No. 298, 
 p. 337. 
 
 No. 299, 
 p. 338. 
 
 Nos. 300, 301, 
 p. 338. 
 
 259 
 
 260 
 
 Assizes (5 & 6 Vict, 
 38, ante, p. 675, 
 Note 40). 
 
 Id. 
 
 Assizes (5 & 6 Vict, 
 c. 38, ante, p. 675). 
 
 Assizes (5 8j 6 Vict, 
 c. 38). 
 
 Discretionary, 
 
 Id. 
 
 Id. 
 
 Compulsory. 
 
 Pen. serv. life — 15 yrs. ; 
 — or impr. not exc. 3 
 yrs., h. 1. and s. c. 
 
 Pen. serv. for life or 
 such term of years as 
 court shall adjudge. 
 
 Pen. serv. 7 — 3 years. 
 
 Fine or imprisonment, 
 or both. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 No. 
 
 Nos. 302, 303, 
 pp. 338, 339, 
 
 Sessions. 
 
 Assizes (5 & 6 Vict 
 c. 38). 
 
 Compulsory. 
 
 Discretionary 
 
 (and see 14 & 
 
 1 5 Vict c. 100, 
 
 s. 19, ante, 
 
 p. 68). 
 
 Fine or imprisonment, 
 or both. 
 
 No. 
 
 Fine and impr. [with 
 h.l., 3G. 4, c. 114], 
 and by 2 G. 2, c. 25, 
 s. 2, pen. serv. 7 — S 
 yrs., or impr. and h. 1, 
 for not exc. 7 years 
 [and incompetency as 
 a witness]. 
 
 Yes (14 
 & 15 Vict 
 c. 55, s. 2, 
 
 and see 
 
 14 & 15 
 Vict. 
 
 c. 100, 
 s. 19, ante, 
 
 p. 68). 
 
 Vict. c. 100, s. 19, as in ordinary cases of commitment for trial : but if the prosecution 
 should not be made under it, it may be commenced in the usual way by an information, 
 warrant and depositions as in ordinary cases of indictable offences. The forms of com- 
 mitment and certificate of prosecution being directed, will be found in Oke's " Formulist," 
 2nd edit. pp. 339, 340. The recognizance of bail will be No. 48, p. 283 j to prosecute. 
 No. 43, p. 280. Where more than one offender charged, there must be separate examina- 
 tions, as the words uttered by one cannot possibly be applied to those which proceed from 
 another (KoBB^v. Rex, 3 T. R. 103, 104; R. v. Phillips, 2 Stra. 921; 2 Hawk. c. 25, 
 s. 89). 
 
 Digitized by Microsoft® 
 
764 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFEN-CE. 
 
 P EB J U RY—cmtinued. 
 
 261. By statute 5 Eliz. c. 9 
 
 [Vide Mew. to Offence No. 260, supra.] 
 
 262. Before judge of a County Court. 
 
 [ There are various other offences of this character punishable 
 under particular statutes, vide Arch. Cr. PI. by Welshy, 
 12th ed. p. 6n.'\ 
 
 PERSONATION. 
 
 263. Of seamen, &c., or their representatives, for their pay, pen- 
 
 sion, &c. 
 
 261. Of soldiers for their prize money, &c. 
 
 265. Of bail, recognizances, &c. — or owners of stock or of divi- 
 dends. 
 
 PIRACY. 
 
 266. At common law (see Note 42)- 
 
 By statute (see Note 42)- 
 
 267. Whosoever, with intent to commit, — or at the time of or 
 immediately before or after committing, — the crime of 
 piracy, in respect of any ship or vessel, shall assault with 
 intent to murder any person on board of or belonging to 
 such ship or vessel, — or stabbing, cutting or wounding 
 such person, — or doing any act whereby the life of a 
 person may be endangered. 
 
 Accessory after the fact. 
 
 [See ante, p. 621, as to the jurisdiction of the Admiralty 
 and see titje " Sea, Offences at," post, p. 774.] 
 
 Clafls of offence 
 
 and 
 
 Statute or Authority. 
 
 M. 5 Eliz. c. 9, s. 3. 
 
 M. 9 & 10 Vict. c. 95, 
 S.84. 
 
 F. llGeo.4&lWill.4, 
 u. 20, Bs. 84, 88. 
 
 F. 2 Will. 4, c. 53, s. 49 
 7 Geo. 4, c. 16, s. 38. 
 
 F. llGeo.4&lWill.4, 
 c. 66, ss. 7, 11. 
 
 F. 4 Bl. Com. 72. 
 
 F. 7 Will. 4 & 1 Vict, 
 c. 88, s. 2. 
 
 F. Id. ». 4. 
 
 42 Piracy at Common Law and by Statute."] The offence of piracy at common law is 
 nothing more than robbery upon the high seas ; but by statutes passed at various times, 
 and still in force, many artificial offences have been created (Boothby's Synopsis, 2nd edit., 
 p. 347). Those other offences which are declared piracy are: — Acts of hostility by a 
 
 Digitized by Microsoft® 
 
CHAP. II.] PERJURY-PERSONATION-PIRACY. 
 
 765 
 
 Page, SiC 
 
 of 
 Formulist. 
 
 K COBtB of 
 
 ProBeciitlon 
 
 allowed. 
 
 Nos. 302, 303, 
 pp. 338, 339. 
 
 No. 304, 
 p. 339. 
 
 Nos. 
 
 307, 308, 
 
 p. 340. 
 
 Id. 
 
 Nos. 
 
 309, 310, 
 
 p. 304. 
 
 No. 311, 
 p. 341. 
 
 No. 312, 
 p. 341. 
 
 Assizes (5 & 6 Vict, 
 c. 38, ante, p. 675). 
 
 Id. 
 
 Discretionary 
 
 (and see 14 & 
 
 15Vict.c.l00, 
 
 s. 19, ante, 
 
 p. 68). 
 
 Id. 
 
 Fine and impr. [with h. 
 1., 3 Geo. 4, c. 114], 
 and by 2 Geo. 2, c. 25, 
 o. 2, pen. serv. 7 — 3 
 yrs. or impr. and li. 1. 
 for not exc. 7 years 
 [and incompetency as 
 a witness]. 
 
 The! 
 
 Yes 
 
 (14&15 
 
 Viet. c. 55, 
 
 s. 2, see 
 
 14 & 15 
 
 Vict. 
 
 c. 100, s. 
 
 19, ante, 
 
 p. 68). 
 
 Id. 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675). 
 
 Id. 
 
 Id. 
 
 Discretionary 
 
 Id. 
 
 Central Crim. Court 
 (4 & 5 Will. 4, c. 
 36, s. 22), or as- 
 sizes (7 8£ 8 Vict, 
 c. 2, s. li 11&12 
 Vict. c. 42, s. 5). 
 
 Id. 
 
 Id. 
 
 Discretionary, 
 
 Id. 
 
 Id. 
 
 Pen. serv. life — 3 yrs. ; 
 — or impr. not exc. 
 yrs., h. 1. and s. c. 
 
 Pen. serv. life — 3 yrs. 
 (9 & 10 Vict. c. 24, 
 
 S.1). 
 
 Pen. serv. life — 3 yrs.; 
 — or impr. not exc. 4 
 yrs., h. 1. and s. n. 
 
 The same as if a rob- 
 bery committed upon 
 land (7 & 8 Geo. 4, c. 
 28, s. 2 i see OfiFence 
 No. 198, ante, p. 749). 
 
 Death. [Sentence re- 
 corded, 4 Geo. 4, 
 C.48, s. 1.] 
 
 Imprisonment not ex- 
 ceeding 2 years, hard 
 labour, and solitary 
 confinement. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 Yes (7 
 Geo. 4, c. 
 64, s. 27). 
 
 Id. 
 
 Id. 
 
 subject of this realm against a subject at sea, under colour of a foreign commission (11 & 
 12 Will. 3, c. 7, o. 8; 18 Geo. 2, c. 30, s. 1). Forcibly boarding a merchant ship, and 
 throwing overboard or destroying the goods. Trading with pirates, or fitting out a vessel 
 for that purpose (8 Geo. 1, c. 24, s. 1). Master or seamen running away with the ship or 
 
 Digitized by Microsoft® 
 
766 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Class ofOOeoce 
 
 and 
 
 Statute or Authority. 
 
 POISON, administering, see "Attempts to Murder" &c., p. 712, 
 POLYGAMY. See " Bigamy," ante, p. 714. 
 
 POOR. 
 
 267 a. Parish officer promoting marriage of the mother of a bastard 
 child improperly. 
 
 POST OFFICE {Note 43)- 
 
 268. Stealing or embezzling letters. 
 
 269. The like, if containing money, &c. 
 
 270. Stealing from letters. 
 
 271. Stealing a post letter bag, letters from it or a mail, or stop- 
 
 ping a mail, &c. 
 
 272. Stealing a post letter from a post office packet. 
 
 273. Receiving letters, bags, money, &c. stolen, embezzled, &c. 
 
 274. Opening or delaying letters. 
 
 275. Retaining or secreting, or (being required) refusing to deliver 
 
 up letters, &c. lost or misdelivered. 
 
 276. Stealing or detaining parliamentary votes, &c. or newspapers. 
 
 277. Writing,. &c. in newspapers sent by post 
 
 278. Forging the hand of Receiver-General of Post Offica 
 
 279. Forging the superscription of a post letter. 
 
 M. 7 & 8 Vict. c. 101, 
 s. 8. 
 
 F. 7 Will. 4 & 1 Vict. 
 c. 36, ». 26. 
 
 Id. 
 
 Id.s. 
 
 27. 
 
 Id.s. 
 
 28. 
 
 Id. ». 
 
 29. 
 
 Id. s. 
 
 30. 
 
 M. Id. 
 
 s. 25 
 
 Id.= 
 
 31. 
 
 Id.s 
 
 32. 
 
 Id. E 
 
 .5. 
 
 F. Id. s. 1 
 
 F. Id. ». 34. 
 
 goods, or laying violent hands on or confining the master, or making a revolt in the ship 
 (11 & 12 Will. 3, c. 7, s. 9). Dealing in slaves upon the high seas, or in anyplace where 
 the admiral has jurisdiction, except as mentioned (5 Geo. 4, c. 113). These offences are 
 now punishable by pen. serv. life — 3 years j — or impr. not exc. 3 years, h. 1. and s. c. (7 Will. 
 4 & 1 Vict. c. 88, s. 3 ; 9 & 10 Vict. c. 24, s. 1, ante, p. 701). 
 
 43 Venue — Ownership of Property. "] The oflFence of every offender against the Post 
 
 Digitized by Microsoft® 
 
CHAP, n.] POISON— POLYGAMY— POOR— POST OFFICE. 767 
 
 of 
 Formulist. 
 
 No.315,p.34.1 
 
 VFhere triable. 
 
 267a 
 
 268 
 
 269 
 
 270 
 271 
 272 
 
 273 
 
 274 
 275 
 
 276 
 
 277 
 
 278 
 279 
 
 No. .316, 
 p. 242. 
 
 No. 317, 
 p. 342. 
 
 No. 318, 
 p. 342. 
 
 Nos. 319, 320, 
 p. 342. 
 
 No. 321, 
 p. 342. 
 
 No. 322, 
 p. 342. 
 
 Nos. 323, 324, 
 pp. 342, 343. 
 
 No. 325, 
 p. 343. 
 
 Sessions. 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675) 
 
 Id. 
 Id. 
 
 Sessions. 
 
 Assizes (S & 6 Vict 
 c. 38, ante, p. 675). 
 
 Sessions. 
 
 Id. 
 
 Id. 
 Id. 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675). 
 
 Id. 
 
 If Costs of 
 
 Prosecution 
 
 aliowed. 
 
 Compulsory. 
 
 Discretionary. 
 
 Id. 
 
 Id. 
 Id. 
 Id. 
 
 Id. 
 
 Compulsory. 
 
 Id. 
 
 Id. 
 Id. 
 
 Discretionary. 
 Id. 
 
 Fine, or imprisonment, 
 or both. 
 
 Pen. serv. 7—3 years 
 — or impr. not exc. 3 
 years, h. 1. and s. c. 
 
 Pen. serv. life— 3 yrs. ; 
 — orimpr.for not exc 
 4 yrs., h. 1. and s. i;. 
 
 The same. 
 
 The same. 
 
 Pen. serv. 14 — 3 yrs. ; 
 or impr. not exc. 3 
 yrs., h. 1. and s. c. 
 
 Pen. serv. life — 3 yrs. 
 — or impr. not exc. 4 
 yrs., h. 1. and s. t>. 
 
 Fine or impr. (with h. 1 
 and s. c.) or both. 
 
 Fine and impr. with h. 1. 
 and s. c. 
 
 The same. 
 
 Fine, or imprisonment 
 or both. 
 
 Pen. serv. life — 3 yrs. i 
 — or impr. not exc. 4 
 yrs., h. 1. and s. c. 
 
 Pen. serv.' 7-^3 years. 
 
 No. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 Yes. 
 Yes. 
 
 Yes. 
 
 No. 
 
 No. 
 
 No. 
 No. 
 
 Yes. 
 Yes. 
 
 Office Acts may be dealt with, &e., either in the- county or place where committed, or in 
 any county, &c., in which the offender is apprehended or is in custody (see 7 Will. 4 & 
 1 Vict u. 36, o. 37). See s. 41, and 11 & 12 Vict c. 88, s. 5, as to the mode of describing 
 the ownership of property sent by the post, persons employed under the Post Office, and 
 ithe property of the Post Office. 
 
 Digitized by Microsoft® 
 
768 
 
 Indictable Offences. 
 
 [part ir. 
 
 OFFENCE. 
 
 Class of offence 
 
 and 
 
 Statute or Authority. 
 
 POST OFFICE — continued. 
 
 280. Forging dies for marking postage or postage stamps, &c. 
 
 281. Making moulds, &c. used for postage envelopes, &c. 
 
 282. Having possession of postage envelopes before issued for 
 
 public use. 
 
 Accessories after tbe fact. 
 
 283. Soliciting others to commit a felony or misdemeanor. 
 
 283 a. Officer of Post Office granting or issuing any money order 
 with a fraudulent intent. 
 
 POUNDBREACH. 
 
 284. Rescuing cattle, &c. distrained for rent or damage feasant 
 [See tit. "Escape, S^c," ante, p. 728.] 
 
 F. 3 & 4: Vict c. 96, 
 S.22. 
 
 Id. s. 29. 
 
 M. Id. s. 30. 
 
 F. 7 Will. 4 & 1 Vict 
 c. 36, s. 35. 
 
 M. Id. =. 36. 
 
 F. 11 & 12 Vict. c. 88, 
 
 H. 4. 
 
 M. 2 Hawk. c. 21, s. 20. 
 
 PUBLIC SERVICE. 
 
 Embezzlement by persons employed in the, in England, see 2 
 Will. 4, c. 4 ; — If employed abroad, see 42 Geo. 3, c. 85, 
 and see R. v. Shawe, 5 M. & Selw. 403, which shows that 
 the latter act does not apply to felonies. 
 
 QUEEN. 
 285 
 
 JSJN. 
 
 Discharging or aiming or striking, 8to. firearms, &c. at the M. 5 & 6 Vict c. 51, 
 Queen, with intent to injure or alarm her, &c. s. 2. 
 
 286. Producing gun or explosive matter, &c. near to the Queen, 
 with intent to use the same, &c. 
 [See tit. " Treason," post.'] 
 
 RAILWAYS. 
 
 287. Servants of company guilty of misconduct when employed 
 
 [punishable summarily also, vide Offences 1 — 4, tit. "Rail- 
 ways," ante, p. 458.] 
 
 288. Or negligently doing, or omitting to do, any act whereby life 
 
 shall or may be endangered, or trains impeded (Id.) 
 
 289. Any person wilfully doing, or causing to be done, anything 
 
 to obstruct engine, or to endanger the safety of passengers. 
 
 Id. 
 
 M. 3 & 4 Vict c. 97, 
 
 ss. 13,14; S&6Vict 
 
 s. 55, s. 17. 
 
 M. Id. 
 
 M. 3 & 4 Vict c. 97, 
 s. 15. 
 
 Digitized by Microsoft® 
 
CHAP. II.] 
 
 POST OFFICE-RAILWAYS. 
 
 769 
 
 Page, &c. 
 
 of 
 Formulist. 
 
 No. 326, 
 p. 343. 
 
 No. 327, 
 p. 343. 
 
 No. 328, 
 p. 344. 
 
 No. 329, 
 p. 344. 
 
 No. 330, 
 p. 344. 
 
 No. 331, 
 p. 344. 
 
 Assizes (5 & 6 Vict, 
 c. 38, ante, p. 675). 
 
 Sessions. 
 
 Id. 
 
 Sessions or Assizes. 
 
 Sessions. 
 Id. 
 
 Sessions. 
 
 Assizes (5 & 6 Vict, 
 c. 38, ante, p. 675). 
 
 Id. 
 
 Sessions (s. 14). 
 
 Id. 
 Id. 
 
 Discretionary. 
 
 Id. 
 
 Compulsory. 
 
 Id. 
 Discretionary. 
 
 Compulsory. 
 
 FuDlEhmeDt. 
 
 Pen. serv. life — 3 yrs.; 
 — or impr. not exo. 4 
 years. 
 
 Pen. serv. 7 — 3 years ; 
 or impr. not less than 
 2 years. 
 
 Impr. not exc. 3 years. 
 
 Impr. (with h. 1. and 
 s. c.) not exc. 2 years. 
 
 Tlie same. 
 
 Pen. serv. for not less 
 than 3 yrs. ;— or impr. 
 not exc, 3 years. 
 
 Fine or imprisonment, 
 or both. 
 
 Discretionary 
 
 (11 & 12 Vict 
 
 c. 42, s. 23). 
 
 Id. 
 
 Compulsory. 
 
 Id. 
 Id. 
 
 Pen. serv. 7 — 3 yrs. 
 or impr. not exc. 3 
 yrs., with h. 1. and w 
 
 The same. 
 
 Impr., with or without 
 h. 1., for not exc. 2 
 years. 
 
 The same. 
 
 The same. 
 
 IfCoBtSOf 
 
 Prosecution 
 allowed. 
 
 Yes. 
 
 Yes. 
 
 No. 
 
 Yes. 
 
 No. 
 
 Yes. 
 
 No. 
 
 Yes. 
 Yes. 
 
 No. 
 
 No. 
 No. 
 
 o.s. 
 
 3d 
 
 Digitized by Microsoft® 
 
770 
 
 Indictable Offences. 
 
 [part ii. 
 
 OFFENCE. 
 
 Cla£s of OQieiice 
 
 and 
 
 Statute or Aathority. 
 
 JiAILW AYS— continued. 
 
 290. Wilfully and maliciously putting, placing, casting or throw 
 
 ing upon or across any railway any wood, stone or other 
 matter or thing, 
 or 
 
 291. Wilfully and maliciously taking up, removing or displacing 
 
 any rail, sleeper or other matter or thing bglonging to any 
 railway, 
 
 or 
 
 292. Wilfully and maliciously turning, moving or diverting any 
 
 points or other machinery belonging to any railway, 
 or 
 
 293. Wilfully or maliciously making or showing, hiding or re- 
 
 moving any signal or light upon .or near to any raSway, 
 or 
 
 294. Wilfully and maliciously doing, or causing to he done, any 
 
 other matter or thing, 
 
 with intent, in any of the cases aforesaid, to obstruct, 
 upset, overthrow, injure or destroy any engine, tender, 
 carriage or truck using such railway, or to endanger the 
 safety of any person travelling or being upon such 
 railway. 
 
 295. Wilfully and maliciously casting, throwing, or causing to 
 
 fall or strike against, into or upon any engine, tender, car- 
 riage or truck used upon any railway, any wood, stone, or 
 other matter or thing, with intent to endanger the safety of 
 any person being in or upon any such engine, &c. 
 
 [See tit " Arson," Offences 27, 28, ante, p. 708.] 
 
 RAPE. 
 
 296. Ravishing women against their will, or children under the 
 
 age of 10 years, with or against their will, by persons above 
 the age of 14 (Arch. Cr. PI. by Welsby, 12th ed. p. 563), 
 
 Accessory after the fact. 
 
 [See "Attempts to Murder," Src, Offence 47, ante, p. 712, 
 and '' Carnally knowing Female Childretf," ante, p. 716; 
 "Assault," ante, p. 710.] 
 
 RECEIVERS. 
 
 297. Receiving any stolen property, where the stealing amounts 
 
 to a felony. 
 
 [See tit. " Larceny," ante, p, 746.] 
 
 298. The like, where the stealing, Sic, is an indictable misde- 
 
 meanor under this act [t. e. obtained by false pretences, or 
 embezzled by agents]. 
 
 [See tits. " Agents," " False Pretences," " Larceny."'] 
 
 F. 14 & 15 Vict. c. 19, 
 s. 6. 
 
 Id. ». 7. 
 
 F. 9 Geo. 4, c. 31, 
 ss. 16, 18. 
 
 F. Id. s. 81. 
 
 F. 7 & 8 Geo. 4, c. 29, 
 s. 54. 
 
 M. Id. s. 55. 
 
 44 Venuf.] Where the principal may be tried, or in the county or place in which he 
 
 Digitized by Microsoft® 
 
CHAP. II.] RAILWAYS— RAPE-RECEIVERS. 
 
 771 
 
 290 
 
 294 
 
 or 
 
 No. 332, 
 p. 341. 
 
 295 
 
 296 
 
 297 
 
 298 
 
 Assizes (5 & 6 Yict, 
 c. 38, ante, p. 675). 
 
 No. 333, 
 p. 345. 
 
 No. 334, 
 p. 34S. 
 
 No. 335, 
 p. 345. 
 
 No. 336, 
 p. 345. 
 
 Id. 
 
 Discretionary. 
 
 Id. 
 
 Penal servitude for life, 
 or for any term not 
 less than three years 
 — or imprisonment 
 with or without hard 
 labour, for any term 
 not exceeding three 
 years. 
 
 Assizes (4 & 5 Vict, 
 c. 56, s. 6). 
 
 Id. 
 
 Assizes or Sessions 
 (.Note 44). 
 
 Id. 
 
 Discretionary, 
 
 Id. 
 
 Discretionary 
 
 Id. 
 
 The same. 
 
 If Costs of 
 
 ProBecutfon 
 
 allowed. 
 
 Pen. serv. life — 3 yrs. ; 
 — or impr. not exc. 2 
 yrs. 
 
 Impr. not exc. 2 years, 
 and h. 1. 
 
 Pen. serv. 14 — 3 yrs.! 
 ^or impr. not exc. I 
 yrs., h. 1., s. c. and w. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. not exc. 2 
 yrs., h. 1., 8. c. and w. 
 
 Yes 
 (s. 14). 
 
 Id. 
 
 Yes. 
 
 Yes. 
 
 Yes. 
 
 Same as 
 principal. 
 
 had the property (s. 66 j see Reg. v. Jones, 1 Den. C. C. 551 ; 19 L. J. (N. S.) M. C. 162 ; 
 
 3d2 
 
 Digitized by Microsoft® 
 
772 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 REGISTERS. 
 
 299. Inserting any false entry in any register of baptisms, mar- 
 
 riages or burials, — or forging or altering any such entry,— 
 or uttering any false or forged entry ; — or destroying the 
 register, — or forging or uttering a licence of marriage. 
 
 300. Inserting in any copy of a register of baptisras, marriages, 
 
 or burials transmitted to the registrar of diocese, any false 
 entry ;— or forging or verifying any copy, knowing it to be 
 false. 
 
 [Accessories before and after the fact are punishable as 
 
 principal, s. 25.] 
 \_As to the wilful injury or forgery of non-parochial re- 
 gisters deposited with the registrar-general, by virtue of 
 3 ij- 4 Ficl. f. 92, see s. 8 of that act.] 
 [As to registers kept under the Burial and Cemeteries Acts, 
 see 20 8; %l Vict. v. 81, ». 15.] 
 
 REGISTRATION AND MARRIAGE ACTS {Note 45). 
 
 301. Making false declaration or signing false notice as to mar- 
 
 riage,— or falsely forbidding the issue of superintendent 
 registrar's certificate. 
 
 302. Making false statement for insertion in register of birth, 
 
 death or marriage. 
 
 303. Solemnizing marriage without licence or in unregistered 
 
 building, &c., &c. (see the sect.) 
 
 304. Destroying register books of births, deaths or marriages, or 
 
 certified copies; — or inserting a false entry therein, — or 
 giving false certificate. 
 
 [See tit. " Registers," supra.'] 
 
 RESCUE (see tits. "Escape, Prison Breach and Rescue," ante, p. 
 726 ; " Poundbreach," ante, p. 768). 
 
 REWARD. 
 
 305. Corruptly taking money on pretence of helping to stolen 
 
 property. 
 
 RIOT (Note 46). 
 
 306. A tumultuous disturbance of the peace by three or more 
 
 persons [see Wise on Riots], 
 
 Clara of Offence 
 and 
 
 Statute or Authority. 
 
 F. llGeo.4&lWiU.4, 
 li 66, ». 20. 
 
 F. Id. s. 22. 
 
 M. 6 & 7 Will. 4, c. 85, 
 s. 38 : 7 Will. 4 & 1 
 Vict. c. 22; 3 &4 Vict 
 c. 72, ». 4 J 19 & 20 
 Vict c. 119, ss. 2, 18. 
 
 M. 6&7Wil].4, >;. 
 S.41. 
 
 F. Id. c. 85, s. 39. 
 
 F. Id. c. 86, s. 43. 
 
 F. 7 & 8 Geo. 4, c 29, 
 s. 58. 
 
 M. 1 Hawk. c. 65, 
 ss. 1, 3, 5, 7. 
 
 Reg. y-Cryer, 1 Dears. & Bell, C. C. 324 ; 26 L. J. (N. S.) M. C. 192 ; 7 Cox, C. C. 335 ; 3 
 Jur.(iN.t>.)698);— and if stolen in one part of the United Kingdom and received in 
 another may be tried, &c., in that part where received (s. 76). See 11 & 12 Vict. c. 46, 
 s. Z,ante, p. 608 ; and s. 3, allowing counts for stealing and receiving to be included 
 m the same indictment. 
 
 45 Time of Prosecution.] By 6 & 7 Will. 4, .. 85, ». 41, the prosecution for any offence 
 
 Digitized by Microsoft® 
 
CHAP. II.] REGISTERS— REGISTRATION, &c.— RIOT. 
 
 773 
 
 
 Page, &c. 
 
 of 
 Fonnulfct. 
 
 Where triable. 
 
 As lo Ball. 
 
 PunlghmeDt. 
 
 If Costs of 
 
 Prosecution 
 
 allowed. 
 
 299 
 
 No. 337, 
 p. 345. 
 
 Assizes (5 & 6 Vict. 
 
 C.S8, see Note 27, 
 tit. "Forgery," ap- 
 plicable). 
 
 Discretionary. 
 
 Pen. serv. life — 3 years ; 
 — or impr. not exc. 4 
 years. 
 
 Yes. 
 
 300 
 
 
 Id. 
 
 Id. 
 
 Pen. serv. for 7 — 3 yrs. ; 
 — or impr. not exc. 2 
 years. 
 
 Yes. 
 
 301 
 
 • • 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675). 
 
 Discretionary. 
 
 Same as " Perjury," 
 which see ante, p. 
 762. 
 
 Yes 
 (14&15 
 Vict. c. 55, 
 
 S.2). 
 
 302 
 
 •• 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Id. 
 
 303 
 
 • • 
 
 Sessions. 
 
 Id. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. not exc. 2 
 yrs., h. 1., s. c. and w. 
 
 Yes. 
 
 304 
 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 305 
 
 No. 338, 
 p. 346. 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675). 
 
 Discretionary. 
 
 Pen. serv. life — 3 years ; 
 — or impr. not exc. 4 
 yrs., h. )., s. c. and w. 
 
 Yes. 
 
 306 
 
 Nos. 339, 340, 
 p. 346. 
 
 Sessions. 
 
 Id. 
 
 Fine or impr. (with h. 1., 
 3 Geo. 4, c. 114), or 
 both. 
 
 Yes (14 & 
 
 15 Vict 
 c. 55, s. 2). 
 
 against that act is to be commenced within the space of three years after the offence com- 
 mitted. This appears to be only applicable to the offence No. 301. 
 
 46 Observation — Time of Prosecution.'] As to what constitutes an unlawful meeting, and 
 what is the liabilityof parties joining it, the following answers by judges of unquestionable 
 authority may be found useful : — An assembly of great numbers of persons, which, from 
 its general appearance and accompanying circumstances is calculated to excite terror, 
 
 Digitized by Microsoft® 
 
774 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Claw of Offence 
 
 and 
 
 Statute or Authority. 
 
 RIOT — continued. 
 
 307. Opposing the making of proclamation, whether made or not 
 
 (s. 5), — or twelve or more persons remaining one hour after 
 proclamation made (s. 1). 
 
 [yide Part III. tit. " Riots," for form of proclamation.^ 
 
 308. Riotously demolishing, or beginning to demolish, a church, 
 
 chapel, house, stable, coachhouse, outhouse, warehouse, 
 office, shop, mill, malthouse, hopoast, barn or granary, or 
 erection used in trade, &c. &c. 
 
 ROBBERY, see Offences 198—202, tit "Larceny," ante, pp. 748; 
 750. 
 
 ROUTS, see " Riot." 
 
 SACRILEGE. 
 
 309. Breaking and entering any church or chapel, and stealing 
 
 therein; — or having stolen any chattel therein, breaking 
 out of the same {Note 47)- 
 
 SEA, OFFENCES AT (see Note 48). 
 
 SEAMEN, see tit. " Merchant Shipping," ante, pp. 758, 760. 
 
 Seamen, keelmen, &c., riotously preventing ship being 
 loaded, see 33 Geo. 3, c. 67, ss. 1, 3. 
 
 sedition'] see "Arms," " Comhinations," " Lihel," "Oaths 
 {Unlawful)," and " Treason." 
 
 SERVANTS {Note 49). 
 
 310. Master or mistress of any person legally liable to provide for 
 
 such person, as an apprentice or servant, necessary food, 
 clothing or lodging, wilfully and without lawful excuse 
 refusing or neglecting to provide the same. 
 
 311. Master or mistress of any such person unlawfully and mali- 
 
 ciously assaulting such person, whereby the life of such 
 person shall be endangered, — or the health of such person 
 shall have been or shall be likely to be permanently en- 
 dangered. 
 
 F. 1 Gea 1, st 2, c. 5. 
 
 F. 7&8 Geo. 4, c. 30, 
 s. 8. 
 
 F. 7 & 8 Geo. 4, c. 29, 
 s. 10. 
 
 M. 14 & IS Vict c 11, 
 s. 1. 
 
 Id. 
 
 alarm and consternation, is generally criminal and unlawful {per Bayley, J., on the trial of 
 Hunt, York Spring Assizes, 1820). All persons who form an assembly of this kind, disre- 
 garding its probable eilect and the alarm and consternation that are likely to ensue, and all 
 who give countenance and support to it, are criminal parties {per Holroyd, J., Lancaster 
 Spring Assizes, 1822). The prosecution for any offence against the 1 Geo. 1, St. 2, c. 5 
 (see next page), must be commenced within twfelve calendar months (s. 8). 
 
 47 Sacrilege.'] This statute does not include the chapels of dissenters, and in such 
 instances the prosecution must be for the larceny {Richardson's case, 6 C. & P. 835). 
 
 48 Offences at Sea.] It will be seen, ante, p. 621, what is the jurisdiction of tixe Ad- 
 
 Digitized by Microsoft® 
 
CHAP. II.] RIOT— ROBBERY— ROUTS— SERVANTS. 
 
 775 
 
 
 Page,*!:. 
 
 of 
 Formulist. 
 
 Where triable. 
 
 Ai to Ball. , 
 
 PunlshmeDt. 
 
 ir Costs of 
 
 Proiwcution 
 
 allowed. 
 
 807 
 
 Nos. 
 
 841, 342, 
 
 p. 846. 
 
 Assizes (S& 6 Vict 
 c. 38, aR«e, p. 675). 
 
 Discretionary. 
 
 Pen. serv.Iife — IS yrs. i 
 — or impr. not exc. 8 
 yrs. (7 Will. 4 Si 1 
 Vict. c. 91, ss. 1, 2). 
 
 Yes. 
 
 308 
 
 No. 344, 
 p. 347. 
 
 Assizes (4 & 5 Vict. 
 •;. 56, s. 6). 
 
 Id. 
 
 Pen. serv. life — 3 years j 
 — or impr. not cxc. 3 
 yrs. (6 Vict c. 10). 
 
 Yes. 
 
 309 
 
 Nos. 345, 346, 
 p. 347. 
 
 Assizes (5 8i 6 Vict 
 c. 38, ante, p. 675). 
 
 Discretionary. 
 
 Pen. serv. for life— 3 
 years; — or impr. not 
 6X0. 3 years, h. 1. and 
 s. c. (6 & 7 Will. 4, 
 C.4). 
 
 Yes. 
 
 310 
 
 No. 347, 
 p. 347. 
 
 Sessions. 
 
 Discretionary. 
 
 Impr., with or without 
 h. 1., for not exc. 3 
 years. 
 
 Yes 
 (s. 2). 
 
 311 
 
 No. 348, 
 p. 347. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Id. 
 
 tniralty i and ante, pp. 620—623, the authority of justices to grant a warrant for the 
 kpprehension of offenders within their jurisdiction who have committed offences at sea 
 ks well as to the trial of British subjects and foreigners here for those offences. See 
 Wther title " Piracy," ante, p. 764. 
 
 49 Whom to prosecute.l By 14 & 15 Vict. c. 11, ss. 6, 7, justices taking the exarai- 
 taation may direct the guardians or overseers to conduct the prosecution, and bind over 
 an officer of the guardians or an overseer to prosecute (see these sections, ante, p. 671 ). 
 Fide form of Justices' Certificate, Noi 349, p. 348, Oke's "Formulist," 2nd edit. 
 
 Digitized by Microsoft® 
 
776 
 
 Indictable Offences. 
 
 [PAKT II. 
 
 OFFENCE. 
 
 SMUGGLING {Note 50). 
 
 312. Making signals to smuggling vessels after sunset and before 
 
 sunrise, between 21st September and 1st April, — and after 
 8 P.M. and before 6 a.m. at any other parts of the year. 
 
 313. Armed assemblies to the number of three or more for smug- 
 
 gling, — or persons assisting therein. 
 
 314. Shooting at boats, &c., within one hundred leagues,— or 
 
 wounding officers, &c., of the navy. 
 
 315. In company with more than four others with smuggled goods 
 
 — or with one other person with goods, and armed or dis- 
 guised. 
 
 316. Assaulting or opposing officers on duty. 
 
 317. The like, while searching for goods. 
 
 (Fide tit. "Assault," ante, p. 710, Offence 38.) 
 
 SODOMY. 
 
 318. [The abominable crime of buggery committed either with 
 
 mankind or any animal.] 
 
 (See tit. " Assault," ante, p. 710, Offence 37.) 
 
 319. Accusing — or threatening to accuse — thereof, with a view to 
 
 extort money, and thereby extorting same. 
 
 (See tit. ''Accusing of Crime," ante, p. 704, where no 
 money extorted ; and " Letter ( Threatening)," ante, p, 
 
 752.) 
 
 SOLICITING TO THE COMMISSION OF AN OFFENCE. 
 
 320. A felony or misdemeanor, not afterwards committed. 
 
 \Tf committed, the offender would he a principal.'] 
 
 SPRING GUNS AND MAN TRAPS. 
 
 321. Setting or permitting same upon premises. 
 
 (See ss. 2, 4.) 
 
 Clan of Offence 
 
 and 
 
 Statute or Authority. 
 
 M. 16 & 17 Vict. c. 107, 
 e. 244. 
 
 F. Id. B. 248. 
 
 Id. s. 249. 
 Id. B. 250. 
 
 M. Id. s. 251. 
 
 M. 7 & 8 Geo. 4, c. 53, 
 ss. 40, 43. 
 
 F. 9 Geo. 4, c. 31, s. 15, 
 
 F. 7 Will. 4 & 1 Vict. 
 c. 87, s. 4. 
 
 M. R. v. Higgins, 
 
 2 East, 5 ; Dick. Q. S., 
 
 by Talfourd, 435. 
 
 M. 7 & 8 Geo. 4, o. 18, 
 ss. 1, 3. 
 
 50 Venue.'] Offences on the high seas are to be deemed to have been committed at the 
 place into which the offender is brought, or in which he is found (s. 275). Indictments to 
 
 Digitized by Microsoft® 
 
CHAP. 11.] SMUGGLING— SPRING GUNS, &c. 
 
 777 
 
 
 Formulist. 
 
 Where triable. 
 
 As to Bail. 
 
 Puniflbment. 
 
 IfCoSlBOf 
 
 Prosecution 
 allowed. 
 
 312 
 
 No. 351, 
 p. 348. 
 
 Sessions {R. v. Cock, 
 4M. &Sel. 71). 
 
 Compulsory. 
 
 Fine £100 ;— or impr. 
 with h. 1. not exc. 1 
 year. 
 
 No. 
 
 313 
 
 Nos. 351, 352, 
 p. 348. 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675). 
 
 Discretionary. 
 
 Pen. serv. life — 15 yrs. j 
 or impr. not exc. 3 
 years, li. 1. and s. c. 
 
 Yes, 
 
 314 
 
 Nos. 353, 354, 
 p. 349. 
 
 Id. 
 
 Id. 
 
 The same. 
 
 Yes. 
 
 315 
 
 Nos. 355, 356, 
 p. 349. 
 
 Sessions. 
 
 Id. 
 
 Pen. serv. 7 — 3 years. 
 
 Yes. 
 
 316 
 
 No. 357, 
 p. 349. 
 
 Sessions. 
 
 Compulsory. 
 
 Pen. serv. 7 — 3 yrs. ; — 
 or impr. not exc. 3 
 yrs., h. 1. 
 
 No. 
 
 317 
 
 No. 358, 
 p. 349. 
 
 Id. 
 
 Id. 
 
 Impr. and h. 1. for not 
 exc. 3 yrs., in addition 
 to or in lieu of other 
 pun. or pen. 
 
 No. 
 
 318 
 
 Nos. 359, 360, 
 p. 350. 
 
 Assizes (5 & 6 Vict 
 c. 38, ante, p. 675). 
 
 Discretionary. 
 
 Death. [Sentence re- 
 corded, 4 Geo. 4, c. 
 48, B. 1.] 
 
 Yes. 
 
 319 
 
 No. 361, 
 p. 350. 
 
 Id. 
 
 Id. 
 
 Pen. serv. life — 15 yrs.; 
 — or impr. not exc. 3 
 yrs., h. 1. and s. c. 
 
 Yes. 
 
 320 
 
 No. 362, 
 p. 350. 
 
 Sessions. 
 
 Compulsory. 
 
 Fine or imprisonment, 
 or both. 
 
 No. 
 
 321 
 
 No. 363, 
 p. 350. 
 
 Sessions. 
 
 Compulsory. 
 
 Fine or impr., or both. 
 
 No. 
 
 be preferred by order of commissioners of customs (s. 301), and within three years (s. 303), 
 and may be tried in any county (s. 304). 
 
 Digitized by Microsoft® 
 
778 
 
 Indictable Offences. 
 
 [part ir. 
 
 OFFENCE. 
 
 STAGE COACHES. 
 
 322. Coachmen wantonly or furiously driving or racing, — or wil- 
 
 fully misconducting themselves, and injuring person. 
 
 (See also Summary Convictions, tit. " Slage Coaches," 
 ante, p. 572.) 
 
 STOCKING FRAMES. 
 
 323. Selling or disposing of hired stocking-frame, &c. ; — or re- 
 
 ceiving or purchasing same. 
 
 SUBSEQUENT FELONY. 
 
 324. Any person convicted of any felony, not punishable with 
 
 death [and not being larceny, 16 & 17 Vict c. 99, s. 12, 
 committed after a previous conviction for felony. Note 51]- 
 
 SUICIDE. 
 
 325. Attempt to commit — [». e. an attempt to commit a felony]. 
 
 326. TAMPERING WITH A WITNESS. 
 
 327. TREASON. [Statutes hereon ; 25 Edw. 3, st. S, c. 2 ; 12 
 
 Geo. 3, c. 11, s. 3 ; 36 Geo. 3, o. 7 ; 39 & 40 Geo. 3, c. 93 ; 
 54 Geo. 3, c. 146 ; 57 Geo. 3, c. 6 ; 13 Eliz. e. 2, s. 2 ; 1 
 Mary, c. 1 ; 1 Ann. st. 2, d. 17, s. 3 ; 6 Ann. c. 7, s. 1. 
 The 36 Geo. 3, c. 7, and 57 Geo. 3, c. 6, are partially re- 
 pealed by the 11 & 12 Vict. t. 12, infra.} 
 
 328. Compassing, devising, &c. to depose her Majesty of the 
 crown i— or to levy war in order to intimidate either house 
 of parliament, &c. ; — or to stir up foreigners by publishing 
 any printing or writing. 
 
 Accessories qfter the fact. 
 
 [See tit. " Queen," ante, p. 768.] 
 
 Clan of Offence 
 
 and 
 
 Statute «r Authority. 
 
 M. 1 Geo. 4, c. 4. 
 
 M. 28 Geo. 3, c. S5, 
 Bs. 2, 3. 
 
 F. 7 & 8 Geo. 4, c. 28, 
 s. II. 
 
 M. See 4 Bl. Com. 189; 
 1 Russ. on Crimes, 307< 
 
 M. 1 Hawk. v.. 85, s. 7. 
 
 Arch.Cr.PI.byWelsby, 
 12th ed., pp. 570—581. 
 
 F. 11 & 12 Vict. c. 12, 
 a. 5 {Note 53). 
 
 Id. s. 8. 
 
 51 Jurisdiction of Sessions — Indictment — Effect of Criminal Justice Act upon subsequent 
 Felonies.} It will be observed by the statute 5 & 6 Vict. c. 38, s. 1 {ante, p. 675), that, 
 although in every other class of offence punishable by transportation for life, it takes away 
 the jurisdiction of the quarter sessions, it continues the power to award the punishment of 
 transportation /or life [now penal servitude, 20 & 21 Vict. c. 3, s. 2], for a subsequent 
 felony. The punishment for larceny only, after a previous conviction for felony, has been 
 reduced by the 16 & 17 Vict. c. 99, s. 12 (see Offence No. 210, ante, p. 752). By the 
 Criminal Justice Act, 18 & 19 Vict. c. 126, s. 11, a conviction by justices in petty sessions 
 under that act (for certain felonies, see ante, pp. 582, 584), is to have the same eflFect as a 
 conviction upon indictment for the same offence would have had, save that no conviction 
 under that act is to be attended with any forfeiture. The course of proceedibg on an iB' 
 
 Digitized by Microsoft® 
 
CHAP. II.] • STAGE COACHES— TREASON. 
 
 779 
 
 ot 
 TortnuHAt. 
 
 322 No. 361, 
 p. 350. 
 
 823 
 
 324 
 
 325 
 
 326 
 327 
 
 Nos. 365, 366, 
 p. 351. 
 
 where triable. 
 
 Sessions. 
 
 328 
 
 Nos. 367, 369, 
 p. 351. 
 
 Nos. 370, 371, 
 p. 851. 
 
 Id. 
 
 Id. 
 
 Sessions. 
 
 Sessions {Note 51) 
 
 Sessions. 
 
 Compulsory. 
 
 Compulsory. 
 
 Fine and imprisonment 
 
 Impr. not less than 8 
 nor exc. 12 months, 
 and s. c. 
 
 Assizes (5 & 6 Vict, 
 c. 38, Note 52)- 
 
 Id. 
 
 Id. 
 
 Discretianary. Pen. serv. life^S yrs, 
 — or impr. not exo. 4 
 yrs., h. 1. and s. u. 
 
 Compulsory. 
 
 Compulsory. 
 
 Not to be 
 
 taken (see 
 
 11 & 12 Vict 
 
 >^. 42, s. 23, 
 
 ante, p. 681), 
 
 Id. 
 
 Id. 
 
 Fine or impr. [with Ij. 1 
 3 Geo. 4, c. 114], or 
 both. 
 
 ircoBbor 
 
 Prosecution 
 allowed. 
 
 No. 
 
 Fine or impr., or both 
 
 Death for offences 
 against the person of 
 the sovereign ; others 
 — pen. serv. life 
 3 yrs. ; — or impr. not 
 exc. 2 yrs. (11 & 12 
 Vict. c. 12). 
 
 Pen. serv. life — 3 yrs.; 
 — or impr. not exo. 2 
 years and h. 1. 
 
 Impr. and h. 1. not exc. 
 2 years. 
 
 No. 
 
 Yes. 
 
 Yes 
 (14&15 
 Vict c. 55, 
 
 9.2). 
 
 No. 
 Yes. 
 
 No(s.lO). 
 
 Id. 
 
 dictment charging a subsequent felony is directed by 6 & 7 Will. 4, e. Ill, and 14 & 15 
 Vict. c. 19, 3. 9 ; and see Reg. v. Shuttleworth, 21 L. J. (N. S.) M. C. 36. The mode of 
 stating the previous conviction and the mode of proof are provided for by 7 & 8 Geo. 4, 
 c. 28, s. 11. 
 
 52 Venue.'] The venue in treason committed in England may be laid in any county 
 in which a good overt act can be proved. Treason out of the realm may be tried either 
 before the Court of Queen's Bench, by a jury of the county where the court sits, or by 
 commission in any county therein named, by a jury of such county (35 H. 8, c. 2 ; Arch. 
 Cr. Pro. 72). 
 
 53 Time of Prosecution.] The part of this statute(ll & 12 Vict. c. 12) which punished 
 a person for words spoken only is now inoperative, as the 4th section limits the prosecution 
 to " two years next after the passing of this act," and the statute was passed on the 22nd 
 
 Digitized by Microsoft® 
 
780 
 
 Indictable Offences. 
 
 [part II. 
 
 OFFENCE. 
 
 Class of Offence 
 
 and 
 
 Statute or Aathorfty. 
 
 THREATS. [See tits. " Accusing of Crime," " Letter ( Threaten- 
 ing)," and "Sodmny."'\ 
 
 VAGRANTS. [See " Incorrigible Rogues," ante, p. 536.] 
 
 WIFE. 
 
 329. Publicly exposing to sale and selling a wife. 
 
 WITCHCRAFT, pretending to, see 9 Geo. 2, u. 5, s. 4. 
 
 WOMEN. 
 
 330. Any person, by false pretences, false representations or other 
 
 fraudulent means, procuring any woman or child under 21 
 years of age to have illicit carnal connexion with any man 
 {Note 54). 
 
 M. Common law. 
 
 M. 12&13 Vict, c.76, 
 ». 1. 
 
 April, 1848, and has not been continued ; but if the words amount to sedition, the offender 
 may be indicted at common law. 
 
 64 A conspiracy to attain this object is a misdemeanor at common law (JReg. v. Mears 
 
 Digitized by Microsoft® 
 
CHAP. II.] THREATS— WITCHCRAFT— WOMEN. 
 
 781 
 
 
 Page, 4c. 
 
 
 
 
 If Costs of 
 
 
 of 
 
 Where triable. 
 
 AstoBaU. 
 
 Punishment. 
 
 Prosecution 
 
 
 FormuliBt. 
 
 
 
 
 allowed. 
 
 329 
 
 No. 372, 
 p. 353. 
 
 Sessions. 
 
 Compulsory. 
 
 Fine or imprisonment, 
 or both. 
 
 No. 
 
 330 
 
 No. 373, 
 
 Sessions. 
 
 Discretionary. 
 
 Impr. not exc. 2 years, 
 
 Yes 
 
 
 p. 352. 
 
 
 
 with hard labour. 
 
 (ss. 2, 3). 
 
 and Chalk, 20 L. J. (N.S.) M. C. 59 i 15 3. P. 81 ; Rex v. Delaval, 3 Burr. 1434.; 2 Russell 
 on Crimes, 686). 
 
 [Part III. Chap. I. 
 
 Digitized by Microsoft® 
 
( 782 ) 
 
 PART III. 
 
 OTHER PROCEEDINGS OUT OF SESSIONS. 
 
 CHAPTER I. 
 
 AS TO MATTERS TO BE DONE IN SPECIAL SESSIONS. 1 
 
 Preliminary 
 Dbservations. 
 
 Mode of con - 
 vening a spe- 
 cial sessions. 
 
 Notice to jus- 
 tices. 
 
 We hav« explained at pp. 49^ 50, what is a special sessions, 
 and given a tabufer view of the purposes for, and the periods 
 of the year at which they are required in certain cases to 
 be holden. It must here be observed, that none of the pro- 
 visions of the 11 & 12 Vict. cc. 42, 43, can be madie available 
 in these matter, either as to the time for making the com- 
 plaint, the processes to be issued, the jurisdiction of justices of 
 two or more adjoining counties, &c. {ante, pp. 10, 11) to act in 
 one of them for the other, or as to the costs on complaints ; con- 
 sequently, the provisions of the acts relating to each particular 
 case must be complied with ; but justices may act for a county, 
 &c. in an adjoining city or place of exclusive jurisdiction in all 
 matters, even in those excepted by s. 35 of 11 & 12 Vict. c. 43 
 {ante, pp. 90, 91. Vide ante, p. 11). 
 
 The general mode of convening a special sessions is by a 
 precept under the hands of two justices directed to the high 
 constable of the hundred, who issues his warrant to the petty 
 constables of the several parishes, commanding them to do the 
 act or acts required of him. In particular cases the statute 
 provides for the manner of convening it, but none fix the period 
 of notice, except the Game Act, 1 & 2 Will. 4, c. 32, s. 18, which 
 is seven days. 
 
 By 7 & 8 Vict. c. 33, s. 7, after reciting that " it is expedient 
 to relieve high constables from the duty of serving notices of the 
 holding of special sessions on the justices of the peace of the 
 division of special sessions personally," enacts, — "that from and 
 
 1 The whole proceedings at special sessions should be entered and kept 
 in a separate book, called " The Special Sessions Book ;" such as the grant- 
 ing of alehouse licences, the appointments of constables, overseers, surveyors 
 of highways, &c 
 
 Digitized by Microsoft® 
 
PART III.] Ag to Matters to he done in Special Sessions. 783 
 
 after the passing of tliis act, in all cases in which special sessions 
 are required to be holden for any division of any county or place, 
 if notice of the intended holding of such special sessions be signed 
 by any one justice of the peace usually acting within such di- 
 vision, and if a copy of such notice be sent by post 2 a reason- 
 able time before the day on which such sessions are to be holden, 
 addressed to each justice of the peace resident and usually acting 
 within such division at his residence in such division, such notice 
 shall be deemed to have been duly given to or served on each 
 such justice of 'the peace, any law or custom to the contrary 
 notwithstanding." The following are general forms for con- 
 vening special sessions (Oke's " Formulist," 2nd edit., pp. 353, 
 354):— 
 
 Forms. 
 
 To Mr. W. Y., high constable of the hundred of C. in the division Justices' pre- 
 of N., in the said county. oept to high ■ 
 
 County of C. J We, whose names are hereunto subscribed and seals constable. 
 
 to wit. S affixed, being two [or the majority] of her Ms^esfy's 
 justices of the peace for the county of C, acting within and for the 
 division of N. aforesaid, do hereby require you forthwith [or as the 
 statute may require'], on receipt hereof, to issue your warrant [or pre- 
 cept] to the petty constables \or surveyors of the highways, or as the 
 case may be'] of each of the several parishes within your said hundred, 
 in the form sent herewith. 
 
 Given under our hands and seals this day of , a.d. 185 — , 
 
 at a pettv for special] sessions held in and for the aforesaid division 
 ' ■■ J. S. (L.S.' 
 
 J. L. (l.s. 
 
 To the petty constables and other peacg officers [or surveyors of High con- 
 
 the highways, or as tlie case may oe], of the parish of , stable's warrant 
 
 in the hundred of C, in the division of N., in the said county, to petty con- 
 
 and to each of them. stables. 
 
 County of C. J By virtue of a precept under the hands of two [or 
 
 to wit. S the majority] of her Majesty's justices of the peace for 
 
 the county of C, acting within and for the division of N. aforesaid, 
 
 present at a petty [or special] sessions for the said division, held in and 
 
 for the said division, on the day of instant, to me directed, 
 
 I do hereby order 
 
 [Here insert the special matters required to be done, as in the 
 particular statute.'] 
 
 Dated the day of , a.d. 185 — . 
 
 W. Y. 
 
 High Constable for the hundred of C, 
 
 in the division of N. 
 
 2 The best proof of service would be by sending it as a, registered letter, 
 and^ the signature to the receipt proved. 
 
 Digitized by Microsoft® 
 
784 
 
 As to Matters to be done in Special Sessions, [part hi. 
 
 Notice from 
 one justice to 
 the other divi- 
 sional justices 
 (7 & 8 Vict, 
 c. 33, s. 7, 
 p. 782). 
 
 •^ I, the undersigned, one of her Majesty's jus- 
 > tices of the peace in and for the said county, 
 
 Division of N. 
 in the county of C. 
 
 to wit. ) usually acting in and for the said division, do 
 
 hereby, in pursuance of the statute in such case made and provided, 
 give you notice that a special petty sessions {or as the act in question 
 may term it] of her Majesty's justices of the peace in and for the said 
 
 county, acting in and for the said division, will be held at the in 
 
 and for the said division, on , the day of next, at the 
 
 hour of in the forenoon, for 
 
 {Here insert the purpose shortly.] 
 
 Signed at N. aforesaid, this day of , a.d. 186 — . 
 
 To J. P., esquire, one of her Majesty's \ J. S. 
 
 justices of the peace in and for the f 
 said county of C, resident in and C 
 usually acting for the said division. * 
 
 Justice's 
 clerks' notice 
 to justice. 
 
 Adjournment. 
 
 To J. P., esquire, one of her Majesty's justices of the peace acting 
 
 in and for the division of N., in the county of C. 
 
 We beg to give you notice that a special petty sessions [or as the 
 
 act in question may term it] of her Majesty's justices of the peace in 
 
 and for the said county, acting in and for the said division, will be held 
 
 at the in N., in and for the said division, on , the day 
 
 of next, at the hour of in the forenoon, for 
 
 {Here insert the purpose shortly.] 
 
 Dated the day of , a.d. 1858. 
 
 I. and B. 
 Clerks to the justices of the said division. 
 
 9Geo.4,c.61.3 
 
 Proof of the special sessions having been legally convened 
 should be given before entering upon the business of it. The 
 room or place is an open court for the purpose of special ses- 
 sions matters. In case of an adjourned special sessions, it is 
 prudent to give the like notice as for the original sessions. 
 
 ALEHOUSES. 
 I. Application for and granting Idcences, infra. 
 II. Transferring Licences, S^c, p. 786. 
 
 I. Application for and granting Licences. 
 Form of notice given by the act ; to be signed by applicant, and 
 one copy to be served and affixed as follows (s. 10). Oke's "Formu- 
 list," 2nd edit.. No. 1, p. 354 : — 
 
 In Middlesex and Surrey. 
 On door of house intended to be 
 licensed, and 
 
 On church or chapel door, three s 
 Sundays, between the hours ( 
 of 10 a.m. and 4 p.m. J 
 
 And on one of the overseers and ) 
 one of the constables. \ 
 
 between the 1st 
 
 of January and 
 
 the last of 
 
 February. 
 
 within the month 
 of February. 
 
 In other Counties, 
 
 between the 1st 
 
 of June and 
 
 the last of 
 
 July. 
 
 within the month 
 of July. 
 
 3 The act 9 Geo. 4, c. 61, does not alter the time of granting licences in 
 the city of London (see s. 36), which is usually in March and April. 
 
 Digitized by Microsoft® 
 
CHAP. I.] Alehouses. 785 
 
 Annual Licensing Bay."] In counties, towns, &c., between 20th 9 Geo. 4, e. 61. 
 August and 14th September ; in Middlesex and Surrey within the first 
 ten days of March ; to be appointed in each case at a petty sessions held 
 twenty-one days at least before licensing day (s. 1). May be adjourned, 
 but adjourned meeting not to be held within five days next after, but in 
 March in Middlesex and Surrey, and in August or September in every 
 other county (s. 3). Justices at such petty sessions to issue precepts to 
 high constables, requiring them within five days to order petty con- 
 stables to affix notice thereof on door of church or chapel, or, if none, 
 on some other public and conspicuous place ; and give like notice to 
 justices acting for the division, every innkeeper, and every person who 
 has given notice of his intention to apply for a licence (s. 2). Forms, 
 Nos. 2-6, pp. 355, 356, Oke's " Formulist," 2nd edit. 
 
 Justices disqualified from attending or acting. '\ Being a brewer, dis- 
 tiller, maltster, &c. ; or the owner of or agent for the owner of the 
 house, or in certain cases allied by blood or marriage to or in partner- 
 ship with the owner (s. 6). 
 
 Jurisdiction of Borough Justices.] As to the jurisdiction of justices 
 of a town corporate (not named in either of the schedules A. and B. 
 to the Municipal Corporation Act, but having a charter granted under 
 7 Will. 4 & 1 Vict. c. 78, s. 49), having a separate commission of the 
 peace, not containing any non-intromittant clause, but no separate 
 court of quarter sessions, Cockburn, C. J., when attorney-general, gave 
 his opinion in August, 1856, that they had not the exclusive power of 
 granting alehouse licences within the borough ; but concurrently and 
 conjointly with the county justices as decided in M. v. Sainsbury, 4 
 T. R. 451 ; but he doubted whether the borough justices had any 
 jurisdiction at all (see 20 J. P. 613, 527). 
 
 Who to act — Person to he licensed, ^c] Whenever at any meeting 
 for any liberty, city or borough there shall not be present two justices 
 who are not disqualified, the justices for the adjoining county may act 
 with such justices .as are not disqualified (s. 7). A special provision as 
 to the Cinque Ports (s. 8). Majority to decide all questions (s. 9) ; but 
 they have merely power to grant or withhold a licence, and cannot 
 suspend it over the time at which it is to commence according to the act 
 (15 J. P. 634) — they may, however, adjourn the granting of it to the 
 latest day. The applicant to apply personally unless prevented by 
 sickness, infirmity or other reasonable cause (s, 12) ; — but he must not 
 be a sheriff''s officer, or ofiicer executing the process of any court of 
 justice (s. 16). If new licence (which can only be granted at the 
 general annual licensing meeting), proof of notices being affixed and 
 served should be first given ; — and this may be by the evidence of the 
 applicant himself, since 14 & 15 Vict. c. 99, s. 2, ante, pp. 56, 57. 
 
 Form of Licence.'] The form of licence is given by the act (s. 13 ; 
 Oke's "Formulist," No. 7, p. 356, 2nd edit.), and is in force from 5th 
 April in Middlesex and Surrey, and elsewhere from 10th October then 
 
 o. s. 3 E 
 
 Digitized by Microsoft® 
 
786 -As to Matters to be done in Special Sessions, [pakt hi. 
 
 9 Geo. 4, c. 61. next ensuing, for one -whole year, the fees for which are, licence, 5«., 
 precept, Is. 6d., and Is. to constable (s. 15). By 11 & 12 Vict. c. 49, 
 and 18 & 19 Vict. c. 118, ante, title "Alehouses," p. 224, OflFences 
 20—28), the hours of keeping open alehouses on Sundays, &c., are 
 altered from those mentioned in this licence ; — hut as there is no 
 clause incorporating those acts with the 9 Geo. 4, c. 61, and the 
 offences under the former not being offences against the licence, it 
 would not be prudent to alter the statutory form of licence, but a note 
 of the alteration might be placed at the foot of the licence. 
 
 Appeal] An appeal is given by s. 27 of the 9 Geo. 4, c. 61, to 
 any person who shall think himself aggrieved " by any act of any 
 justice, done in or concerning the execution of this act" (see ante, 
 p. 220, Note 5), and this includes a refusal by the special sessions to 
 grant an alehouse licence (see JR. v. Deane, 2 Q. B. 96, and see B. v. 
 Justices of Cheshire, 9 L. J. (N. S.) M. C. 89, as to the service of the 
 notice, and R. v. Justices of Reading, 10 L. J. (N. S.) M. C. 126, as 
 to appeal from borough justices) ; but another innkeeper who com- 
 plained of being injured by the grant of a licence to another person is 
 not a party aggrieved (R. v. Justices of Middlesex, 3 B. & Ad. 938). 
 The appeal clause further provides, that "in case the act appealed 
 against shall be the refusal to grant or to transfer any licence, and the 
 judgment under which such act was done be reversed, it shall be lawful 
 for the said court to grant or to transfer such licence in the same manner 
 as if such licence had been granted at the general annual licensing 
 meeting, or had been transferred at a special session." 
 
 II. Transferring Licences, Sfc. 
 Transfer Days.] At the annual licensing meeting, justices to appoint 
 not less than four nor more than eight special sessions for the year en- 
 suing for transferring licences (s. 4). A notice of these special sessions 
 must be given in the same manner and served on the same parties as for 
 -the general annual licensing meeting. Form of notice of intention to 
 transfer given by the act, which must be signed by the holder of the 
 licence, and served five days at least before special sessions on one of the 
 overseers and one of the constables (s. 11). Form of Precept, &c.. 
 Notice of Transfer and Licence, Nos..9 — 14, pp. 357—359, Oke's 
 "Formulist," 2nd edit. 
 
 5&6Victc.44. Temporary Authority to sell.] At any petty sessions majority of 
 justices present may, by indorsement on original licence, grant to the 
 person to whom it is proposed to be transferred, authority to sell under 
 it till the next special sessions (s. 1). If licence proved to be lost, the 
 indorsement may be made on a certified copy (s. 2). Fee for each of 
 such copy and indorsement, 2s. 6d. (s. 3). Form, No. 15, p. 359, 
 Oke's "Formulist," 2nd edit. 
 
 9 Geo. 4, i;. 61. ^'^ Case of Death, Change of Occupancy, Bankruptcy, Insolvency, 
 ^c] Fresh licence may be granted at a special sessions to the heirs, 
 
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CHAP. I.] Alehouse$ — Constables {Sigh), 787 
 
 executors or administrators, assignees of licensed person or new tenant, 9 Geo. 4, c. 61. 
 
 &c. No notice of application necessary if the previous licence for the 
 
 house was granted at the general annual licensing meeting next before 
 
 the special sessions ; — if otherwise, a like notice as for an original 
 
 licence, ante, p. 784, must be given and affixed in the same manner, 
 
 but affixed on church door on some one Sunday only within the six 
 
 weeks before the special sessions, at which the application is intepded 
 
 to be made (s. 14). 
 
 S.iots.'] Houses may be closed by two justices in case of riot or 
 tumult (s. 20). Vide form of Order, No. 2, p. 537, Oke's "Formulist," 
 2nd edit. 
 
 APPEALS AGAINST HATES, see tit. "Poor," post, p. 799. 
 
 BILLIARDS. 
 
 Licence for public Billiard Table, ^c] Justices at annual alehouse 8 & 9 Vict, 
 licensing meeting, or special sessions, may grant and transfer billiard *=• "'^' 
 licences to persons to keep public billiard tables and bagatelle boards, 
 or instruments used in any game of the like kind. Like notices to be 
 given of application for and transfer of licences as in "Alehouses" (s. 
 10). Form of Licence given (vide Oke's "Formulist," 2ud edit. p. 
 360). Fees for licence, 6*., constable, \s. (s. 10). But there is no 
 appeal against the justices' refusal to grant a billiard licence as for an 
 alehouse licence (Reg. v. Justices of Devonshire, 21 J. P. 773 ; 30 
 law T. 150, Q. B.) 
 
 It seems {vide Note 3, ante, pp. 218, 219, and Note 123, ante, p. 306) 
 that neither an alehouse-keeper nor a beerhouse keeper is required to 
 take out this licence, and it is the general practice not to grant such 
 a licence to them; — but whether they are licensed or not, the hours of 
 play are the same, and like penalties for an infringement of the statute. 
 (See ante, tit. "Gaming Houses," pp. 302—308, for oflfences, and see 
 that title, post, as to warrant to enter such houses.) 
 
 CONSTABLES (BOROUGH). 
 The ordinary constables of boroughs are appointed by the watch 5 & 6 WilL 4, 
 committee chosen from the town councilmen of the borough (s. 76) ; — "■ 76. 
 but by s. 83 annually, in the month of October [at a special petty 
 sessions] two or more justices of boroughs must appoint special con- 
 stables to act whensoever required by warrant of any one justice {vide 
 Forms, Nos. 1—4, Oke's "Formulist" 2nd edit. pp. 361, 362). The 
 oath is the same as that for special constables for counties under 1 & 2 
 Will. 4, c. 41 (tit. "Constables {Special)," post). 
 
 CONSTABLES (HIGH). 
 
 By 8. 1, high constables, before appointed at a quarter sessions, are to 7 & g vict 
 be appointed at a special sessions for the division, held for the purpose c. 33. 
 
 3e2 
 
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7g8 As to Matters to be done in Special Sessions, [part hi. 
 
 of hearing appeals against poor's rate, or at any adjournment thereof 
 (see tit. "Poor," p. 799, as to these special sessions; ;— and the high 
 constable, when appointed, is to take only the oath for the due exe- 
 cution of his office, either at the place of appointment or before some 
 one justice of the county {vide Forms, Nos. 1, 2, pp. 362, 363, 2nd 
 edit. Oke's " FormuJist"). The office appears to be an annual 
 
 one.- 
 
 CONSTABLES (PAROPHIAL) 4- 
 
 S & 6 Vict. Wfien appointed.] On some day after the 24th March and before 
 
 u. 109. the 9th April in every year, of which due notice is to be given to every 
 
 justice usually acting in the division (s. 1) [by the clerk or clerks to 
 
 the justices (13 & 14 Vict. c. 20, s. 4), a reasonable time before the 
 
 sessions]. Form, No. 4, p. 354, Oke's "Formulist," 2nd edit. 
 
 Qualification of Constable-I Every able-bodied man, between the 
 ages of 25 and 55 years, resident in the parish, and rated to the poor 
 or county rate on any tenement of the net yearly value of 4Z. or 
 upwards, and not being exempt under s. 6, or disqualified under s. 7 
 (S.5). 
 
 Exemptions.] Peers, members of parliament, judges, justices of the 
 peace, deputy lieutenants, clergymen, catholic priests who have taken 
 and subscribed the oaths and declarations required by law, dissenting 
 teachers or preachers of any registered meeting following no secular 
 occupation except that of a schoolmaster, and producing the cer- 
 tificate of a justice of their having taken the oaths and subscribed the 
 declarations required by law, schoolmasters, Serjeants and barristers 
 at law, members of society of doctors of law and advocates of the civil 
 law, attornies, solicitors, proctors, conveyancers, special pleaders, 
 officers of any court of law or equity, or of ecclesiastical or admiralty 
 jurisdiction, coroners, gaolers and keepers of houses of correction, 
 
 4 No constable can, since 5 & 6 Vict. c. 109, be appointed at any court leet, 
 except for duties unconnected with the preservation of the peace, or with the 
 execution of this act (s. 21) ; but this act is not to prevent the appointment 
 of special constables (under 1 & 2 Will. 4, c. 51), or to apply to the city 
 of London or the metropolitan police district, or to any borough within the 
 provisions of 5 & 6 Will. 4, c. 76, or to any place where rates are levied for 
 payment of constables under the Lighting and Watching Act (3 & 4 Will. 4, 
 c. 90), or any local act (s. 21) ; but it is to apply to every liberty having a 
 separate commission of the peace, and not being an incorporated borough 
 (7 & 8 Vict. c. 52, s. 1 ; see s. 21 and s. 7 of 13 & 14 Vict. ,;. 20). The 
 appointment of a county police force under the 19 & 20 Vict. c. 69 (which 
 is to be construed as one act with the 2 & 3 Vict. c. 93 and 3 & 4 Vict, 
 c. 88) does not supersede the necessity for appointing these parish constables. 
 Sect. 15 of 5 & 6 Vict. c. 109, provides that in those counties in which any 
 chief constable or superintendent shall have been appointed under the 2 & 3 
 Vict. c. 93, or any act passed for the amendment thereof, the constables 
 appointed under 5 & 6 Vict. c. 109, within the district for which such chief 
 constable or superintendent shall have been appointed, " shall be subject to 
 the authority of such chief constable or superintendent." 
 
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CHAP. I.] Constables (Parochial). 789 
 
 physicians, surgeons, apothecaries, officers of the army or navy on full 6 & ^ ^"='- 
 
 pay, persons serving in any corps of yeomanry, licensed pilots, masters ! '. 
 
 of vessels in the buoy and light service, household servants of her 
 Majesty, customs and excise officers, sheriffs and sheriffs' officers, 
 high constables, clerks of the poor law guardians, masters of union 
 ■workhouses, county or district constables, parish clerks, registrars and 
 superintendent registrars of births, deaths and marriages, church- 
 wardens, overseers and relieving officers (s. 6) ;— all postmasters and 
 persons employed in the business of the Post Office (13 & 14 Vict. c. 
 20, s. 5), and persons employed in the customs (16 & 17 Vict. c. 107, 
 s. 7). 
 
 Dhqiialifications.'] Licensed victuallers, and persons licensed to sell 
 exciseable liquors, or to sell beer by retail, gamekeepers, and persons 
 attainted of treason or felony or convicted of any infamous crime (s. 
 7), [and master of any workhouse and relieving officer (13 & 14 Vict. 
 c. 101, s. 6).] 
 
 Precepts to Overseers^] To be issued within the first seven days of 
 February in each year by two justices, appointing time of holding the 
 special petty sessions, and requiring the overseers to return [the clerk 
 to the justices may be named], on or before 24th March, a specified 
 number of persons qualified and liable to serve (s. 2). Forms, Nos. 
 1-3, pp. 363, 364, Oke's "Formulist," 2nd edit. 
 
 Notice to be given in precept of justices' intention to unite parishes 
 (s. 4). Forms of notice and order, Nos. 4, 5, p. 364, Oke's "For- 
 mulist," 2nd edit. 
 
 Overseers' DutyJ] To summon vestry (s. 3). List'to be made in 
 vestry, and affixed to church door first three Sundays in March (of 
 which the justices of special sessions may require proof, 15 J. P. 264). 
 Original list to be returned (s. 8). To attend special sessions (s. 10). 
 See ss. 18, 19, as to paid constables ; a resolution for whose ap- 
 pointment and amount of salary must be made by the vestry §. 
 Vacancies supplied (13 & 14 Vict. c. 20, s. 3). 
 
 Choosing, S^c] By justices from list (s. 11). Persons chosen to be 
 summoned to take oath, or find substitutes (s. 12) ; but no qualification 
 is required for the substitute {Seg. v. Joseph Booth, 18 L. J. (N.S.) 
 M. C. 2.5 ; 12 J. P. 760), nor is it necessary that he should be on the 
 overseer's return of qualified persons. - Adjoining parishes may be 
 united (s. 4). Vacancies supplied on death or disqualification of con- 
 stable during his year of office (see s. 16), [or on being discharged 
 (13 & 14 Vict. c. 20, s. 1)]. Forms, Nos. 12, 13, Oke's "Formulist," 
 p. 368, 2nd edit. The office continues for a year, or until others are 
 
 5 The written appointment will be liable to stamp duty under the 55 
 Geo. 3, c. 184, title "Grant;" — where the salary, fees and emoluments 
 appertaining thereto shall not amount to 50/. per annum, 21. ; where amount- 
 ing to 502. and not to 1002., 42. ; where amounting to 1002. and not to 2002., 62., 
 &c. &c. 
 
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790 As to Matters to be done in Special Sessions, [part hi. 
 
 5 & 6 Vict, appointed in their stead. The form of oath (which must be ad- 
 "• ^^^- ministered by two justices of the division at a special sessions) given 
 by the statute is : — 
 
 Form of oath. I, a. B., of C, do swear, that I will well and truly serve our sovereign 
 
 lady the Queen in the office of constable for the parish of D. [or parishes 
 of D. E., &c.] for the year now next following lor until another constable 
 shall be sworn in my stead] according to the best of my skill and know- 
 ledge. So help me God. 
 
 Vide forms of memorandum of appointment, summons to take oath 
 and certificate thereof instead of a formal appointment, Nos. 6 — 9, pp. 
 365, 366, Okc's "Formulist," 2nd edit. 
 
 Lists to be published.] AVithin fourteen days after the appointment 
 and swearing in, the clerk to the justices to send to every justice 
 usually acting within the division, and also to the clerk of the peace, a 
 list of the names of the constables appointed ; and the overseers are to 
 affix a list on their respective parish churches (s. 14). Forms, Nos. 
 10, 11, p. 367, Oke's "Formulist," 2nd edit. 
 
 CONSTABLES (SPECIAL). 
 1 & 2 Will. 4, Regulations for Deteiinination of Services.'] The justices of the 
 <!• 41' division at a special sessions may make orders and regulations for 
 
 rendering such special constables more efficient, and may remove them 
 from their office for any misconduct or neglect of duty (s. 4). They 
 may also suspend or determine the serv-iees of all or any of the special 
 constables called out, of which notice must be sent to the secretary of 
 state and lord lieutenant (s. 9). 
 
 Expenses of. ] To be paid by county treasurer on order of justices 
 made at a special sessions [or adjournment (s. 14)] held for the 
 purpose (s. 13). Forms Nos. 1—3, p. 369, Oke's "Formulist," 2nd 
 edit. See Reg. v. Hulton, 19 L. J. (N. S.) M. C. 32; 14 J. P. 
 159. 
 
 [See Chap. II., post, tat the manner of appointing these con- 
 stables.] 
 
 GAME. 
 
 1 & 2 Will. 4, Licence to deal in.] By 1 & 2 Will. 4, c. 32, s. 18, a special sessions 
 
 9 ^'i V '^ *° ^^ ^^^^ "* *''^ month of July for granting licences to deal in game ; 
 
 c. 35_ ■ but now by 2 & 3 Vict. c. 35, s. 4, a special sessions may be held at any 
 
 time for this purpose, of which seven days' notice must he given to each 
 
 justice of the division (1 & 2 Will. 4, c. 32, s. 18). Form of licence 
 
 given by the 1 & 2 Will. 4, c. 32, Oke's " FormuUsf," p. 370, 2nd 
 
 edit. 
 
 HIGHWAYS. 
 
 t 50^ ^''^ *' ^P^'^^^ Sessions for Purposes of] To be appointed by justices at 
 a special sessions within fourteen days after 20th March in every year, 
 not less than eight nor more than twelve in number (s. 45). Forms, 
 Nos. 1—3, pp. 370, 371, Oke's "Formulist," 2nd edit. 
 
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CHAP. I.] Highways. . 791 
 
 Accounts.] Surveyor to verify accounts, [after they have heen signed 5 & 6 Will. 4, 
 by him and allowed by the vestry (s. 44),] and make return in writing "• ' 
 
 of state of roads, &c. at special sessions held next after 25th March 
 (s. 45), and statement of name and residence of successor (s. 10). 
 Complaints may be made against accounts to justices, who may then 
 examine the surveyor on his oath, and make such order thereon as to 
 them shall seem meet (s. 44) 6 ; — but there is no appeal against the 
 allowance of the accounts {Reg. v. Justices of West Siding of York- 
 shire, 10 L. J. (N. S.) M. C. 137 ; 1 Ad. & El. (N. S.) 624). Porms 
 of allowance of accounts, &c. &c., Nos. 4—7, pp. 371, 372, Oka's 
 " Formulist," 2nd edit. 
 
 By s. 1 of 12 & 13 Vict. c. 35, the clerk to the justices is required to 
 prepare from the accounts allowed, a separate statement of the receipts 
 and expenditure in each parish in the division, and transmit the same to 
 the secretary of state within fourteen days after the verification of the 
 accounts. A fee of 2s. each parish is payable to the clerk. Form of 
 Statement, No. 8, p. 373, Oke's " Formulist," 2nd edit. 
 
 Appointment of Surveyor — Dismissal.] By vestry. If vestry have 
 refused or neglected to nominate, to be done by justices at a special 
 sessions, and surveyor refusing to act, &c. may be dismissed (s. 11). 
 The appointments must be made at the special sessions subsequent to 
 that at which the refusal or neglect of the parish to elect is proved to 
 the justices, the section being merely directory in this respect {Reg. v. 
 Best, 16 L. J. (N. S.) M. C. 102 ; 2 New Sess. Ca. 655 ; 14 J. P. 407). 
 The office continues for a year. See s. 12, where parish is in more than 
 one county. As to appointment of district surveyor, seess. 13, 14, 15. 
 Appointment, No. 6, p. 373, Oke's " Formulist," 2nd edit. 
 
 Roads out of Repair ] Information against surveyor to show cause, 
 to be heard at a special sessions. Justices to appoint person to view 
 and report thereon, or justices themselves to view, and convict sur- 
 veyor or other party liable to repair (s. 94). If obligation to repair in 
 question, to direct a bill of indictment to be preferred (s. 95). Forms, 
 Nos. 10—18, pp. 374—376, Oke's " Formulist," 2nd edit. 7. 
 
 Carriage of Materials.] Justices at first special sessions after 25th 
 
 6 The course of procedure in special sessions under this section should 
 be nearly as possible like that against parochial rates, p. 802. If the jus- 
 tices make an order, it will be within the 11 & 12 Vict c. 43, and they may 
 award costs to either party under s. 18, ante, pp. 148, 149. 
 
 7 Where the road is a turnpike road, the correct line of procedure is 
 pointed out, and the necessary forms given, in Oke's " Law of Turnpike 
 Roads," pp. 183 — 204; and the Author's view of the course warranted by 
 the decisions has been since confirmed by Reg. v. Trafford, 20 J. P. 533 ; 
 and see In re Gorton Surveyors, 25 L. J. (N. S.) M. C. 70. See ante, pp. 93, 
 94, as to the applicability of the 11 & 12 Vict c. 43, to this case. In Reg. 
 V. Jrnould, 27 L. J. (N. S.) M. C. 92, it was held that if the obligation to 
 repair is denied by the parish, the special sessions cannot inquire at all 
 into the matter, but are bound, under s. 95, to direct an indictment to be 
 preferred against the inhabitants of the parish. 
 
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792 As to Matters to be done in Special Sessiotis. [part hi. 
 
 5 & 6 Will. 4, of March in every year to fix rate of payment for conyeyanoe of stone, 
 
 "•^P- &c. by ratepayers for repair of highways. Forms, Nos. 19, 20, p. 377, 
 
 Oke's " Farmulist," 2nd edit. Complaint by surveyor against manner 
 
 of performing such carrying, &c. to be heard at a special sessions (s. 
 
 35). 
 
 Licence for sharing in Contracts, ^c] Surveyor may share in con- 
 tract, or let to hire a team, or dispose of timber, stone, &c. to be used 
 or employed in making or repairing highway, if two justices in special 
 sessions grant a licence in writing for that purpose (s. 46). Form, 
 No. 23, p. 378, Oke's " Formulist," 2nd edit. 
 
 Letting Lands."] Persons enfeoffed with lands for maintenance of 
 highways, &c. may let them to farm, the justices at a special sessions 
 first giving their consent in writing thereto (s. 60). 
 
 Taking Lands and Compensation for Damage, Sfc.'] One calendar 
 month's notice in writing to be given by surveyor to owner or his 
 agent, and to occupier, before materials taken from private lands [or 
 open field lands, 4 & 5 Vict. c. 51], to appear before justices at a special 
 sessions to show cause. Order may be made, if consent to enter not 
 given (s. 53). Forms, Nos. 21—25, pp. 377—379, Oke's "Formu- 
 list," 2nd edit. Justices are to settle and ascertain, by an order made 
 at a special sessions, the amount of satisfaction for materials got or 
 taken away from inclosed lands or grounds either within or without 
 the parish [or private lands, 16 J. P. 235], and also for the damage 
 done to the lands by the getting and ean'ying away the same (s. 54). 
 See 15 J. P. 425 J 16 J. P. 235. Forms of Orders, 26—28, pp. 380, 
 381, Oke's " Formulist," 2nd edit. 
 
 Repair, where Highway in two Parishes.^ Where highway situate 
 in two parishes, justices at a special sessions to determine what part 
 shall be repaired by each (s. 58) ; and see R. v. Perkins, 4 B. & P. 
 235 ; 19 L. J. (N . S ) M. C. 105. Costs of proceedings levied by dis- 
 tress (s. 60). Forms, Nos. 29—31, pp. 381, 382, Oke's "Formulist," 
 2nd edit. Justices in special sessions to fix proportion of expenses of 
 repair (s. 62) ; see also s. 93. Forms Nos. 32, 33, pp. 382, 385, Oke's 
 " Formulist," 2nd edit. 
 
 Hedges.'] Justices in special sessions may order hedges prejudicial to 
 highway to be cut, pruned, &c. Expenses of so doing may be levied 
 (s. 65). Forms, Nos. 34—36, p. 383, Oke's " Formulist," 2nd edit. 
 
 Excusing Rates.'] Any person may be excused payment of rate by 
 justices at special sessions, on proof of inability through poverty to pay, 
 the surveyor having been first summoned to appear (s. 32). Forms, 
 Nos. 37, 38, pp. 384, 385, Oke's " FormuUst," 2nd edit. 
 
 Amending Rate.] Omissions or errors in rates, or in the names of 
 persons or properties, may be added or corrected with consent of 
 justices at a special se.ssions (s. 31). 
 
 Gathering Stones.] Two justices, at a special sessions for the high- 
 ways, after having summoned the owner, and heard his reason for 
 
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CHAP. I,] Highways. 793 
 
 refusing his consent to the gathering of stones on lands or grounds 5 & 6 Will. 4, 
 within the parish, may grant their licence for that purpose (s. 61). "• ^^' 
 
 Forms, Nos. 39-41, pp. 385, 386, Oke's " Formulist," 2nd edit. 
 
 Direction Posts.'] The justices at a special sessions may make orders 
 for putting up direction posts and flood posts (s. 24). Porm, No. 42, 
 p. 387, Oke's " Formulist," 2nd edit. 
 
 Application of Rates to Turnpike Roads.'] By 4 & 6 Vict. c. -59, s. 1, 4 & 5 Vict, 
 (which is continued by 17 & 18 Vict. c. 52, to the 1st October, 1860), <;. 59. 
 justices at any special sessions for the highways, upon information ex- 
 hibited before them by the clerk or treasurer of any turnpike trust 
 [within six calendar months after the matter of complaint arose, 11 & 
 12 Vict. c. 43, s. 11], that the funds of the said trust are insufficient 
 for the repairs of the turnpike roads within any parish, — notice in 
 writing of such intended information having been previously given on 
 the part of such clerk or treasurer to the parish surveyor 8 twenty- 
 one days at least before such special sessions, — may examine the state 
 of the revenues and debts of such turnpike trusts, and inquire into the 
 state and condition of the repairs of the roads within the same, and also 
 ascertain the length of the roads, including turnpike roads, within such 
 parish, and how much of such road is turnpike road ; — and if after such 
 examination it shall appear to the said justices necessary or expedient, 
 for the purposes of any turnpike road, so to do, then to adjudge and 
 order what portion, if any, of the rate or assessment levied or to be 
 levied by virtue of the said recited act shall be paid by the said parish 
 surveyor, and at what time or times, to the said commissioners or 
 trustees, or to their treasurer or other officers appointed by them in 
 that behalf, — such money to be wholly laid out in the actual repairs of 
 such part of such turnpike road as lies within the parish from which it 
 was received. Form of Order, No. 43, p. 387, Oke's " Formulist," 
 2nd edit. (See Reg. v. Morice, 14 L. J. (N. S.) M. C. 75 ; 1 New 
 Sess. Ca. 585 ; 2 D. & L. 952; Reg. v. WhUe, 4 Ad. & El. pp. 119— 
 121 ; 7 Jur. 106 ; 12 L. J. (N. S.) M. C. 31 ; Reg. v. Longbottom, 18 
 L. J. (N. S.) M. C. 75 ; Reg^ v. Preston and another, Id. 4 ; 12 Q. 
 B. 816). A minute of the order should be served (11 & 12 Vict. c. 43, 
 s. 17, ante, pp. 148, 182). Parish surveyor neglecting to pay such 
 portion of rate, it may be levied by distress in the same way as pe- 
 nalties under the 5 & 6 Will. 4, c. 50, s. 2, with costs [11 & 12 Viet, 
 c. 43, s. 18, ante, pp. 148, 149], — i. e. after complaint, summons and 
 
 8 By the Public Health Act, 11 & 12 Vict. c. 63, s. 117, the local board 
 of health are the surveyors within the district to which that act is applied 
 (see Reg. v. WortMng and Lancing Turnpike Road Trustees, 23 L. J. (N. S.) 
 M. C. 187 ; 18 J. P. 551 ; Elmer \. Norwich, 23 L. J. (N. S.) Q. B. S03 ; 
 Reg. v. Trustees of South Shields Turnpike Roads, 18 J. P. 694 ; Harrison v. 
 Epsom Local Board of Health, 25 L. J. (N. S.) M. C. 27 ; Mosely v. Ely Local 
 Board of Health, 26 L. J. (N. S.) M. C. 23 ; Barber v. Jessop, 26 L. J.(N. S.) 
 M. C, Exch., 86 ; 21 J. P. 136 ; Article, 21 J. P. 643, on this subject). 
 
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794 As to Matters to be done in Special Sessions, [part hi. 
 
 4 & 5 Vict, inquiry 9. Power of appeal to quarter sessions, giving notice -within 
 c-59. six days (s. 3), which runs from the making of the order, not the 
 
 service (Reg. v. Justices of Derbyshire, 14 L. J. (N. S.) M. C. 84 ; 
 7 Q. B. 193). 
 
 Appeab against Highway Rates-I See tit. " Poor," post, p. 799 ; 
 recovery of rates, see tit. " Rates," post, Chap. II. 
 
 HUNDRED. 
 7 & 8 Geo. 4, Damage by Rioters not exceeding £30.] Information on oath must 
 c- SI. be given hy or on hehalf of the party damnified within seven days 
 
 (s. 2). Two justices in special petty sessions may make order on 
 treasurer of county for amount of damage committed on certain pro- 
 perties hy rioters (ss. 2, 9), and threshing machines (2 & 3 Will. 4, c. 
 72). Vide forms, Nos. 1—7, pp. 389, 391, Oke's " Formulist," Uni 
 edit. See sect. 8, for manner of proceeding for calling such sessions, 
 and notices by complainant (see Wise on Riots, 1848). Where the 
 damage done is above £30, the remedy is by action against the high 
 constable of the hundred (ss. 2, 3 ; and see 2 Will. 4, c. 39, s. 13) ; but 
 still in that case oath must be made before a justice within seven days 
 of the offence committed. 
 
 JURORS. 
 6 Geo. 4, c. 50. Qualification.] Every man between the ages of 21 and 60, residing 
 in any county in England, who shall have in his own name, or in trust 
 for him, within the same county, £10 by the year above reprises in 
 lands or tenements, whether of freehold, copyhold or customary tenure 
 or of ancient demesne, or in rents issuing out of any such lands or 
 tenements, or in such lands, tenements and rents, taken together in 
 fee-simple, fee-tail, or for the life of himself or some other person ;— or 
 who shall have within the same county £20 above reprises in lands or 
 tenements, held by lease for an absolute term of 21 years or more, or 
 for any term of years determinable on any life or lives ; — or who, being 
 a householder, shall be rated or assessed to the poor rate, in Middlesex, 
 on a value not less than £30, or in any other county on a value not 
 less than £20 ; — or who shall occupy a house containing not less than 
 15 windows (s. 1). Burgesses in boroughs with a separate quarter 
 sessions are qualified to serve on grand juries in such boroughs (-5 & 6 
 Will. 4, c. 76, s. 121), but are exempt from serving on juries at the 
 sessions of the county (s. 122) : see 16 &, 17 Vict. c. 79, s. 7. 
 
 JExemptions.] Peers, judges, clergymen in holy orders, priests of the 
 Romish church, dissenting ministers, whose place of meeting is certi- 
 
 9 The other forms of notice by clerk of turnpike trustees and informa- 
 tion, as well as the proper forms for enforcing the order and the course 
 of procedure under these decisions, are given in Oke's " Law of Turnpike 
 Roads," pp. 208—218. 
 
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CHAP. I.] Jurors— Poor. 795 
 
 fled, and who follow no secular occupation except that of schoolmaster, 6 Geo. 4, c. 50. 
 producing a certificate of having taken the oaths and subscribed the 
 declaration required by law, Serjeants and barristers at law actually 
 practising, doctors of law ■and advocates of the civil law actually prac- 
 tising, attornies, solicitors and proctors, officers of the law courts, 
 coroners and gaolers, physicians, surgeons and apothecaries, officers in 
 the army or navy on full pay, pilots, king's household servants, offi- 
 cers of customs and excise, sheriffs' officers, high constables and parish 
 clerks (6 Geo. 4, o. 50, s. 2). No justice of the peace to serve as a 
 juror at the sessions for the jurisdiction of which he is a justice (s. 48). 
 Persons in the customs (16 & 17 Vict. c. 107, s. 7). Registrar of 
 births and deaths (1 Vict. c. 23, s. 18). 
 
 Disqualifications.] Aliens, persons attainted of treason or felony, 
 convicts (except freely pardoned), outlaws, or persons excommunicated 
 (s. 3). 
 
 Allowance of Lists of.] Within the last seven days of September in 
 every year justices in every division to hold a special petty sessions for 
 reviewing and allowing the list of men qualified and liable to serve on 
 juries within the several parishes and townships. Clerk to justices to 
 give notice, before the 20th August preceding, to high constable, and 
 to the churchwardens and overseers of every parish, and to the over- 
 seers of every township within such division (s. 10). Churchwardens 
 and overseers to attend special petty sessions and produce list, and 
 answer questions upon oath, &c. (s. 45). Vide forms, Nos. 1 — 4, pp. 
 391, 392, Oke's "Fwmulist," 2nd edit^ High constable to attend 
 special petty sessions and receive allowed lists (ss. 10, 44). 
 
 POOR. 
 I. Appointment of Overseers, S^c, p. 795. 
 II. Recovery of Union Contributions, p. 798. 
 III. Appeals against Rates, p. 799. 
 
 1. Appointment of Overseers, 6^c. 
 For Parishes generally^] By two or more justices [on 25th 43 eHz. c. 2 
 March in every year, or within fourteen days thereafter (54 Geo. 3, ss. 1, 8 ; 
 c. 91)]; but these words being directory only, an appointment after 54 Geo. 3, c. 91. 
 the fourteen days is good {Seg. v. Justices of Staffordshire, 19 L. J. 
 (N. S.) M. C. 166). List of men returned by vestry ; non-residents may 
 with their consent be appointed (59 Geo. 3, c. 12, s. 6). There must 
 be two at least and not more than four appointed for every parish, &c., 
 exclusive of the churchwardens (43 Eliz. c. 2, s. 1 ; see Heg. v. AU 
 Saints, Derby, 13 East, 143). For exemptions from serving the 
 office, see 3 Arch. J. P. 4th edit. pp. 18, 19 ; and Arch. Parish Law, 
 p. 180. In Reg. v. Preston (3 Bit. & Car. New Mag. Cas. 77 ; 18 
 L. J. (N. S.) M. C. 10), it was held that the mayor of a borough had 
 the sole power of appointing overseers. In consequence, a statute, 12 
 
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796 As to Matters to he done in Special Sessions, [pabt hi. 
 
 43 Eliz. c. 2, Vict.c. 8, was passed on March 22ncl, 1849, by e. 1 of which it is enacted, 
 ss. 1, 8 ; — « that in every city, town corporate or borough, the justices of the 
 "• ' "' peace who have jurisdiction therein, [whether they be justices of the 
 city or borough, or of the county in which the same is situate, 15 & 
 16 Vict. c. 38,] shall have the exclusive right of appointing the over- 
 seers of the poor of the several parishes, townships or other places 
 separately maintaining their own poor, or of any parts thereof within 
 the said cities, towns corporate and boroughs respectively, in like 
 manner and with the same effect as the justices of any county now 
 have in respect of the overseers of the poor of any parish within such 
 county, and they are hereby required from time to time to make such 
 appointments accordingly" IQ. By the 12&13 Vict. c. 103, s. 6, no per- 
 son is qualified to be appointed, who at the time of the proposed appoint- 
 ment is engaged, or directly or indirectly concerned, in any contract 
 for the supply of goods, &c. for the workhouse, or relief of the poor ; 
 — nor can a master of a workhouse or relieving officer be appointed 
 (13 & 14 Vict. c. 101, s. 6), and officers in the customs are also 
 exempted (16 & 17 Vict. c. 107, d. 7). A duplicate of the appoint- 
 ment should be served on each of the persons appointed. The office 
 continues for a year only, whether others are appointed at the expira- 
 tion of the year or not (4 Burn's Jus. 28th edit. pp. 24 — ^28). If any 
 overseer shall die, or remove from the parish, or become insolvent 
 before the expiration of his office, on oath thereof made, two justices 
 may appoint another in his stead, to continue until new overseers ai-e 
 appointed (17 Geo, 2, c. 38, s. 3). Forms of Precept, Appointments, 
 &c., Nos. 1—5, pp. 392, 393, Oke's "Formulist," 2nd edit. 
 
 The appointment may be appealed against by the person appointed, 
 or by any parishioner (43 Eliz. c. 2, s. 6 ; S. v. Forrest, 3 T. R. 38 ; 
 and see R. v. Justices of St. Albans, 3 B. & C. 698) ; — or it may he 
 removed into the Queen's Bench by certiorari (ij. v. Standard Hill, 
 4 M. & S. 378) ; — and until the appointment is quashed, the acts 
 of overseers are valid (Penney v. Slade, 5 Bing. N. C. 319). After 
 appointing the overseers, the justices are functi officio, and cannot 
 alter their appointment (R. v. Great Marlow, 2 East, 244). 
 20 Vict c 19 '^'''' ^^tra-parochial Places-I By s. 1, " after the 31st of De- 
 cember, 1857, every place entered separately in the Report of the 
 Registrar-General on the last Census, which now is or reputed to be 
 extra-parochial, and wherein no rate is levied for the relief of the poor, 
 shall, for all the purposes of the assessment to the poor rate, the relief 
 of the poor, the county, police or borough rate, — the burial of the 
 
 10 By 43 Eliz. c. 2, s. 8, the mayor, bailiff, or other head officer of cities, 
 towns or places corporate, and every alderman of the city of London within 
 his ward, may execute what is by that act appointed to be done by one or 
 two justices of the peace. The 12 Vict. c. 8 does not apply to the city of 
 London so as to take away the power of the lord mayor in this respect (see 
 s. 4). See also 11 & 12 Vict c. 43, s. 34. 
 
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CHAP. I.] Poor. "^^ 
 
 dead,— the removal of nuisances, -the registration of parliamentary 20 Vict, c. 19. 
 and municipal voters,— and the registi-ation of births and deaths,— be 
 deemed a parish for such purposes,— and shall be designated by the 
 name which is assigned to it in such report;— and the justices of the 
 peace having jurisdiction over such place or over the greater part 
 thereof shall appoint overseers of the poor therein ;— and with respect 
 to any other place being or reputed to be extra-parochial and wherein 
 no rate is levied for the relief of the poor, such justices may appoint 
 overseers of the poor therein, notwithstanding anything contained in 
 7 & 8 Vict. c. 101. 10 a By s. 2, " if in any extra-parochial place it 
 shall appear to the justices that two overseers cannot conveniently be 
 appointed from the inhabitant householders thereof, or are not required 
 for such places, such justices may appoint one only ; — and if it shall 
 appear to them that there is no such householder liable or fit to be 
 appointed they shall appoint inhabitant householders of an adjoining 
 parish willing to serve to be such overseer, either with or without 
 an annual salary, such salary, if any, to be approved of by the Poor 
 Law Board, and to be paid out of the poor rate of such place ;— and 
 such last-mentioned appointment shall enure until the usual time of the 
 appointment of overseers, and may be renewed from year to year as 
 long as the justices shall find necessary." Sect. 7 contains an ex- 
 ception, that nothing in the previous section " shall apply to any 
 extra-parochial place in respect whereof there shall be any agreement 
 with any parish as to the liability of such place to contribute to the 
 poor rate of such parish contained in any act of parliament." Sect. 3 
 is a special provision for the Inns of Court and the Charter-house in 
 London. Sect. 4 provides for the annexation of extra-parochial places 
 to adjoining parishes by the justices of the county or the recorder 
 of a borough at the quarter sessions, when application is made by 
 certain persons and consent is obtained in the manner prescribed in the 
 act. Sect. 5 provides, that the overseers of such parish may act as 
 guardians for the place until there shall be ratepayers qualified to elect. 
 Sect. 6 extends all the powers, &.c. of overseers to overseers appointed 
 under this act. Sect. 8 authorizes the Poor Law Board, with the 
 consent of a certain proportion of the ratepayers of any extra-parochial 
 place contained in or adjoining a district under a local act, and with the 
 consent of the guardians of the district, to direct such place to be 
 added to the disti-ict. 
 
 Accounts.'] Justices' power to audit accounts, under the 50 Geo. 3, SO Geo. 3, 
 c. 44, ss. 1, 9, is taken away in parishes in unions where a district "' 
 auditor appointed under 7 & 8 Vict. c. 101 (ss. .32, 33, 37, 38) ; but 
 in other parishes they may still do so annually at a special sessions, to 
 
 10 a The section referred to is the 22nd of the 7 & 8 Vict. c. 101, whereby 
 it was enacted, that it is not lawful to appoint separate overseers for any 
 township or village or other place for which before the passing nf the act 
 separate overseers had not been lawfully appointed. 
 
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798 As to Matters to he done in Special Sessions, [part hi. 
 
 be held -within fourteen days after the appointment of overseers (Form 
 of Allowance, No. 6, p. 393, Oke's "FormuUst," 2nd edit. 
 
 II. Recovery of Union Conti-ibuiions. 
 2 & 3 Vict. By s. 1, — "in every case in which any contribution, by over.seers or 
 
 c. 84. other officers of any parish, of monies required by the board of guar- 
 
 dians or persons acting as guardians for such parish, or for any union 
 which shall include such parish, for the performance of their duties, 
 shall be in arrear, it shall be lawful for any two U justices acting within 
 the district wherein such parish shall be situate 12, on application under 
 the hand of the chairman or acting chairman of such board [or an officer 
 of the guardians duly authorized by the board, 5 & 6 Vict. c. 57, s. 17 ; 
 see Note 206, ante, p. 442], to summon the said overseers or other officers 
 to show cause, at a special sessions to be summoned for the purpose, 
 why such contribution has not been paid ; — and after hearing the 
 complaint preferred under the authority of such chairman or acting 
 chairman, and on behalf of such board, if the justices at such sessions 
 shall think fit, by warrant under their hands and seals, to cause the 
 amount of the contribution so in arrear, together with the costs occa- 
 sioned by such arrear, to be levied and recovered from the said overseers 
 or other officers, or any of them, in like manner as monies assessed for 
 the relief of the poor may be levied and recovered [i. e. under 12 & 13 
 Vict. c. 14, tit. "Rates," post], — and the amount of such arrear, 
 together with the costs as aforesaid, when levied and recovered, to be 
 paid to the said board ; — provided always, that no distress made under 
 any such warrant of justices shall be replevisable." By 12 & 13 Vict. 
 c. 103, s. 7, where the order is served upon one of the overseers or 
 other officers, " it shall be lawful for the guardians to enforce such 
 order against the person so served as fully and eflFectually as if a copy 
 thereof had been also served upon every one of such overseers or other 
 officers." 
 
 The proofs required before the justices should be as follows (see 15 
 J. P. 522, 570), when not admitted by the defendant : — 
 
 1. The order or authority to the officer of the guardians (if not 
 the chairman) to prefer the application and complaint for 
 nonpayment before justices (5 & 6 Vict. c. 67, s. 17). 
 
 11 The present case is not within the operation of the 11 & 12 Vict. c. 43, 
 vide ante, pp. 91, 92), so as to admit of one justice receiving the complaint 
 (15 J. P. 263). 
 
 12 By s. 9 of 14 & IS Vict. c. 105, in cases where the treasurer of the 
 union resides or has his place of business in a county, district or place 
 different from that in which the defaulting overseer resides, justices of either 
 county, &c. shall have jurisdiction to hear and determine the complaint. 
 This section does not authorize a justice of two or more adjoining counties, 
 &c. to act out of that in which the defaulting parish is situate, and sect. 5 of 
 11 & 12 Vict. c. 42, ante, p. 10, does not apply, and cannot, therefore, assist 
 the case (see 15 J. P. 587). 
 
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CHAP. 1.} Poor. '^^ 
 
 [Production of a copy of the minute of the order or autho- 2 & 3 Vict 
 
 rity, signed by the presiding chairman, sealed and counter- 'z — I 
 
 signed by the clerk, sufficient proof of authority and of 
 the directions contained therein (7 & 8 Vict. c. 101, s. 69).] 
 
 2. The application and complaint before, and the summons to the 
 
 overseers, signed by two justices (3 & 3 Vict. c. 84, s. 1). 
 [Production sufficient.] 
 
 3. Service of summons on overseer, or at residence (12 & 13 Vict. 
 
 c. 14, B. 5), if no appearance. 
 
 4. Poor law Commissioners' order, under 4 & 5 WiU. 4, c. 76, 
 
 s. 26, uniting the several parishes into the union. [Pro- 
 duction sufficient proof that it was duly made and is in 
 force (7 & 8 Vict. c. 101, s. 71) ; and not necessary to 
 prove sending, unless reasonable notice in writing be given 
 to the guardians requiring such proof, and then only of the 
 sending to the clerk to the guardians of the union (Id. s. 
 72, and see further 10 & 11 Vict. c. 109, s. 25). See New- 
 hould V. CoUman, 20 L. J. (N. S.) M. C. 149 ; 15 J. P. 372.] 
 
 5. The meeting of the guardians at which the resolution or minute 
 
 of order for conti-ibution on the parish in arrear was made. 
 [Production of a copy of the resolution or minute, signed, 
 &c. as in proof 1, sufficient.] 
 
 6. The order to the overseers to pay the contribution to the trea- 
 
 surer, signed by the presiding chairman of the meeting and 
 two other guardians present, and countersigned by the 
 clerk (Commissioners' Gen. Cons. Order of 24th July, 
 1847, Arts. 82, 83). [Production sufficient.] 
 
 7. The appointment of the defaulting overseer. [The formal ap- 
 
 pointment by two justices having jurisdiction to do so, and 
 proof of notice thereof to overseer, — or, proof of his having 
 acted in that capacity (R. v. Verelst, 3 Camp. 342 ; Butler 
 V. Ford, 1 C. & M. 662).] 
 
 8. Service of a copy or duplicate of the contribution order on the 
 
 overseer summoned (12 & 13 Vict. c. 103, s. 7) personally. 
 [By the above order of the commissioners. Art. 202, No. 
 10, it is the duty of the clerk to serve it.] 
 
 9. The non-payment of the amount claimed. [By the treasurer, 
 
 or other competent person.] 
 Vide Forms of Application, Summons, Distress Warrant, &c., Nos. 
 7—10, pp. 393—398, Oke's " Formulist," 2nd edit. 
 
 III. Appeals against Sates. 
 Appointment of Special Sessions for the Year.l By this statute, 6 & 7 WiU. 1, 
 after laying down the principle of rating and rules for the guidance of "• ^^• 
 parish officers in making the rates, it is enacted by s. 6, — " that the 
 justices acting in and for every petty sessions division, [which now 
 
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800 As to Matters to be done in Special Sessions, [pakt hi. 
 
 6 & 7 Will. 4, includes a borough, see 12 & 13 Vict. c. 18, s. 1, ante, p. 46 ; and 13 
 "•Sfi- & 14 Viet. c. 91, s. 9, as to jurisdiction of borough justices,] shall, four 
 
 times at least in every year, hold a special sessions for hearing appeals 
 against the rates 13 of the several parishes within their respective divi- 
 sions, — and shall cause public notice 14 of the time and place when and 
 where such special sessions will be holden, to be affixed to or near to the 
 door of the parish church of the said parishes, twenty-eight days at the 
 least before the holding of the same ; — 
 
 And such special sessions shall and may be adjourned from time to 
 time by the justices there present as they may think fit, — 
 
 And at such special or adjourned sessions the justices there present 15 
 shall hear and determine all objections to any such rate on the groimd 
 of inequality, unfairness or incorrectness in the valuation of any here- 
 ditaments included therein ; — 
 
 Which decision shall be binding and conclusive on the parties, unless 
 the person or persons impugning such decision shall within fourteen 
 days after the same shall have been made, cause notice to be given 
 in writing of his, her or their intention of appealing against such de- 
 cision, and of the matter or cause of such appeal, to the person or per- 
 sons in whose favour such decision shall have been made ; and within 
 five days after giving such notice shall enter into a recognizance 16 
 before some justice of the peace, with sufficient securities, conditioned 
 to try such appeal at the then next general sessions or quarter sessions 
 of the peace, which shall first happen, and to abide the order of and pay 
 such costs as shall be awarded by the justices at such quarter sessions, 
 or an adjournment thereof; and such justices, upon hearing and finally 
 determining such matter of appeal, shall and may, according to their 
 discretion, award such costs to the party or parties appealing or ap- 
 pealed against, as they shall think proper; and their determination ia 
 or concerning the premises shall be conclusive and binding on all 
 parties, to all intents and purposes whatsoever : — 
 
 13 The Poor Law Commissioners in their " Report on Local Taxation" 
 (18*3), pp. 85, 86, state that the stat. 6 & 7 Will. 4,c. 96, applies to all rates 
 made for parishes and districts, and before the subject of appeal to quarter 
 sessions; i. e. the highway rate, the lighting and watching rate, and the 
 militia rate, as well as to the poors rate (see Article, 14 J. P. 49). These 
 special sessions are usually appointed on the day of appointing overseers. 
 
 14 The course which the writer has adopted is for the justices to issue 
 a precept to the parish constables requiring them to si^n these notices and 
 affix them to the church door {vide Forms, Nos. 11 — 14, pp. 396, 397, Oke's 
 " Formulist," 2nd ed.) The fees payable to the justice's clerk for this duty 
 is allowed to be a charge on the poor rate by 13 & 14 Vict. c. 101, s. 7, and 
 those to the constable may be ordered under 5 & 6 Vict. c. 109, s. 17, and 
 13 & 14 Vict. c. 20, s. 2. 
 
 15 Justices who are rated inhabitants of the parish should not interfere 
 (16 Geo. 2, c. 18, s. 3 ; 12 J. P. 783; Reg. v. Justices of Suffolk, 21 L. J. 
 M. C. 169; 16 J. P. 296, 379; 4 New Mag. Cas. 122; Ex parte Overseers 
 of Steeple Morden, 19 3. F. 292. 
 
 16 Form No. 20, Oke's " Formulist," 2nd ed. p. 401 : see Bee. v. Justices 
 qfSl. Albans, 1 P. & D. 148 ; 8 Ad. & Ell. 932. 
 
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CHAP. I.] Poor. 801 
 
 Provided always, that no such objection shall be inquired into by 6 & 7 Will. 4, 
 
 the said justices in special session, unless notice of such objeotioa in "' 
 
 ■writing, under the hand of the complainant, shall have been given seven 
 days at beast before the special sessions 17, to the collector, overseers 
 or other persons by wham such rate was made 18 : — 
 
 Provided also, "that the said justices in special session shall not be 
 authorized to inquire into the liability of any hereditaments to be rated, 
 but only into the true value thereof, and into the fairness of the amount 
 at which the same shall have been rated." 
 
 By s. 7, — " the justices present at any such special or adjourned 
 session shall, for the aforesaid purpose, have all the powers of anjend- 
 ing or quashing any such rate so objected to, of any parish or other 
 district within their division, and likewise of awarding costs to be paid 
 by or to any of the parties, and of recovering such costs, which any 
 court of quarter sessions of the peace has upon appeals from any such 
 rate, except as herein excepted 19 : — provided always, that no order of 
 the said justices shall be removed by certiorari or otherwise into any of 
 her majesty's courts of record at Westminster : — provided also, that 
 nothing in this act contained shall be construed to deprive any person 
 or persons of the right to appeal against any rate, to any court of ge- 
 neral or quarter sessions : — provided also, that no order of the said 
 justices in special sessions shall be of asay force pen&g an appeal 
 touching the same subject matter to the court of general or quarter 
 
 17 /■«. the next practicable sessions {Reg. v. Justices of Lancashire, 19 
 L. J., M. C. 199 i 14 Jur. 552 ; 4 N. S. C. 130 ; Reg. v. Hammond, 4 N. S. C. 
 316 ; Reg. v. Trafford, 15 Q. B. 200 ; Reg. v. Weeden Beck, 17 J. P. 392), 
 after the publication, and not the demand (see R. v. Micklffield, 1 Bott, 279 ; 
 R. V. Atkins, 4 T. R. 12; fi. v. Coade, 1 Bott, 276). 
 
 18 It is not necessary to give notice, as required by ii Geo. 3, c. 23, s. 6, 
 to those parties also who may be stated in the grounds to be underrated or 
 omitted to be rated (Lumley on Parochial Assessments, 2nd ed. p. 96). 
 The words " at least" signify clear days, that is, including both the day of 
 giving the notice and that of its expiration (see Reg. v. Justices of Shropshire, 
 8 A. & E. 179 ; S.C.,1 Lum. P. L. C. 296 ; and Reg. v. Justices of Middlesex, 
 2 N. S. C. 73). Service on one of the overseers or persons by whom the 
 rate is made is sufficient {Reg. v. Justices of Devon, 3 New Sess. Cas. 96), or 
 upon three out of four {Reg. v. Weeden Beck, 17 J. P. 392 ; vide Form of 
 Notice, No. 15, Oke's " PormuUst," 2nd ed. p. 397). If the proper notices 
 have not been given, or not given in time, the justices in special sessions, 
 like the quarter sessions, have no jurisdiction to hear the appesd {Beg. v. 
 Justices of Cambridgeshire, 19 L. J. (N. S.) M. C. 130 ; R. v. Brooke, 9 B. 
 & C. 915; 15 J. P. 682); but the party aggrieved has an option as to 
 whether he will resort to the quarter sessions or special sessions. 
 
 19 The powers of the quarter sessions in this respect are conferred by 
 the statutes 43 Eliz. c. 2, s. 6 ; 17 Geo. 2, c. 38, s. 6 ; 41 Geo. 3, c. 23, ss. 1, 
 8, 5, 6, 7, 8. Quare, are these costs recoverable under Jervis's Act, 11 & 12 
 Vict. e. 43, s. 27, ante, p. 203, by virtue of the 12 & 13 Vict. c. 45, s. 6 {vide 
 Foot's ed. of Gen. Quart Sess. Procedure Act, p. 19, note), or under the 
 18th section of the latter statute. (See Reg. v. Delafosse, IS 3. P. 353 ; Reg. 
 V. Justices of Kingston-upon-Thames, 22 J. P. 36 ; Reg. v. Parker, 7 £. & B. 
 156; 26L.J.(N.S.)a.B. 313.) 
 
 O.S. 3 F 
 
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802 As to Matters to be done in Special Sessions, [part hi. 
 
 6 & 7 Will. 4, sessions of the peace having jurisdiction to try such appeal, or in oppo- 
 c- 9fi- sition to the order of any such court upon such appeal." 
 
 Procedure.~\ It is essential that a set of rules should be made by 
 the justices of the division regulating the procedure {vide form, Oke's 
 " Formulist," 2nd edit., pp. 399, 400), in accordance with the received 
 practice of quarter sessions, where the appeal is on the ground, as under 
 the above enactment of 6 & 7 Will. 4, c. 96, of overrating, or that 
 another is underrated (Arch. Poor Law, 8th edit., pp. 259, 260). The 
 order of procedure to be observed at the special sessions may be shortly 
 stated to be as follows : — 
 
 1. The notice of the grounds of appeal to be put in ; proof to be 
 
 given or an admission of its due service, and to be read: 
 
 2. Appellant to open case : 
 
 3. Respondents to put in the rate : 
 
 4. If the respondents do not attend or refuse to produce the rate, 
 
 proof of notice to produce it to be given, and a copy or 
 extracts from rate received : 
 
 5. Evidence in support of the appellant's case to be produced : 
 
 6. Respondents to state their case and produce their evidence : 
 
 7. Appellant to reply upon the whole case : 
 
 8. Judgment of quashing, confirming or amending rate with or 
 
 without costs \vide Form of Decision, No. 19, Oke's 
 " FormuM," 2nd edit., p. 400]. 
 
 As to the principle of rating and the decisions upon the subject, re- 
 ference must be made to the treatises upon the subject. When the rate 
 is ordered to be amended, the amendments should be' made by the clerk 
 of special sessions, and a memorandum written opposite the altera- 
 tions, as : — " Amended pursuant to order of justices in special ses- 
 sions on appeal made this day of 1853. J. B., clerk of 
 
 special sessions." 
 
 The rates may be levied notwithstanding an appeal (41 Geo. 3, c. 23, 
 s. 2). 
 
 Witnesses. 1 Persons may be summoned to give evidence on behalf 
 of either party (7 & 8 Vict. c. 101, s. 70 ; see incorporation clause, s. 
 74). Form, No. 16, Oke's " Formulist," 2nd edit., p. 398. 
 
 Appeal against Decisioti.'\ See paragraph, ante, p. 800, "which 
 decision shall be binding, Sfc." 
 
 THEATRES. 
 6 & 7 Vict. Zicence.l Justices in counties, boroughs, &c. beyond the limits of 
 
 "■ ®*' the Lord Chamberlain (see s. 3), within twenty-one days after written 
 
 and signed application by person intended to be licensed, countersigned 
 by at least two justices for the division, &c. delivered to the justices' 
 clerk, to hold a special sessions for granting licences to houses [or other 
 places of public resort, s. 2] for the public performance of stage plays 
 [defined by a. 23, ante, p. 492],-of which special sessions seven days' 
 
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CHAP. I.] Theatres. 803 
 
 notice is to be given by the clerk to each justice (s. 5). Licence under 6 & 7 Vict. 
 
 hands and seals of four or more of the justices assembled in open court, 
 and publicly read by the clerk (Id.). During "any lawful fair, feast, 
 or "customary meeting of the like kind," justices may allow to be per- 
 formed in any booth or show any theatrical representation without 
 licence (see proviso in s. 23). 
 
 Who licensed^] The actual and responsible manager (s. 7). See s. 
 10, as to consent of chancellors of universities of Oxford and Cam- 
 bridge being necessary within those precincts, or within fourteen miles 
 thereof. 
 
 Ruksfor Order, ^c] Rules for insuring order and decency, and 
 regulating the time during which the theatre shall be open, to be made 
 at some special licensing meeting or adjournment. The justices may at 
 another special sessions rescind or alter such rules ; and the secretary 
 of state may rescind or alter any such rules, and make others. In 
 case a riot, or breach of the said rules in any such theatre, shall be 
 proved on oath before any two justices, they may order the same to be 
 closed for such time as they shall deem fit ; — and while such order is in 
 force, the theatre to be deemed an unlicensed house (s. 9). Manager 
 to be bound [by recognizance] and two sureties for due observance of 
 rules and securing penalties ; manager in not exceeding £500 ; and 
 sureties each not exceeding £100 (s. 7). 
 
 Appeal.'] Against order of justices (s. 20, ante, p. 492, Note 262)- 
 
 Fees.1 Not exceeding 5s. for each calendar month theatre open, to 
 be paid to the clerk and fixed by justices («. 6). 
 
 Forms.'] Application by Manager, Notice to Justices, Licence and 
 Rules, Recognizance and Notice, Order rescinding Rules or altering 
 them, and Order to close Theatre in case of Riot, &c., pp. 402 — 404, 
 Oke's "FormuUst," 2nd edit. 
 
 c. 68. 
 
 3 F 2 [Chap. II. 
 
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( 804 ) 
 
 CHAPTER II. 
 
 AS TO MATTERS TO BE DONE IN PETTY SESSIONS 1, OR BY 
 ONE JUSTICE. 
 
 In this Chapter we have stated where the iprovisions of the 
 statute 11 & 12 Vict. c. 43 (which consolidates the practice on 
 Summary Convictions and Orders, ante, pp. 89 — 94), — as to 
 the time of preferring the complaint, — the place in which the 
 justices should act, — the costs of the proceedings, — can be made 
 available in the particular case ; and in those cases where no 
 such allusion is made, its enactments are not applicable (see 
 ante, pp. 10, 11). It must also be observed that either of the 
 parties to the proceedings under this Chapter is competent and 
 compellable to give evidence for the other since the Evidence 
 Act, 14 & 15 Vict. c. 99 (see ante, pp. 56—62). 
 
 ALEHOUSES. 
 See Chapter I. ante, p. 786, as to temporary authority to sell ; and 
 see tit. "Riots," post, as to orders to close alehouses in case of riot or 
 tumult. 
 
 ALIENS. 
 6WiU. 4, c.ll. SegistrationqfAUeTis.'] The act 6 "Will. 4, c. 1 1, " for the registra- 
 tion of aliens," repeals 7 Geo. 4, c. 31, and contains the following pro- 
 visions : — s. 2, masters of vessels arriving from foreign parts are to de- 
 clare what aliens are on board or have landed from their vessels, under 
 penalties, but it is not to extend to foreign mariners navigating the 
 vessel ; s. 3, alien on arrival from abroad to declare his name, descrip- 
 tion, &c., and produce his passport; s. 4, the officers of customs are 
 to register the declaration, and deliver a certificate to the alien ; s. 5, 
 officers of customs to transmit declaration, &c. to Secretary of State ; 
 B. 6, certificates of aliens departing the realm to he transmitted to 
 Secretary of State ; s. 7, new certificates are to be issued in Ueu of 
 such as are lost; s. 8, all certificates are to be granted without fee. 
 The act is not to afiect foreign ministers or their servants, nor aliens 
 
 1 Vide Introduction, p. 45, what is a Petty Sessions. 
 
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CHAP. II.] Aliens. 805 
 
 who have been resident three years and obtained a certificate thereof, 
 nor aliens under fourteen years of age. [See ante, p. 226, tit. "Aliens," 
 for various penalties.] 
 
 Naturalization of Aliens.'] The principal act now in force upon 7 Sr 8 Vict, 
 this subject is the 7 & 8 Vict. c. 66, which repeals certain previous <=. 66. 
 acts thereon which are inconsistent therewith. Every person born out 
 of her Majesty's dominions of a British mother to be capable of holding 
 real or personal estate (s. 3). Alien friends may hold every Species 
 of personal property except chattels real (s. 4). Subjects of a friendly 
 state may hold lands, &o. for the purpose of residence, &c. twenty-one 
 years (s. 5). Aliens to become naturalized upon obtaining certificate, 
 taking prescribed oath, and becoming residents in the United King- 
 dom (s. 6)i Aliens desirous of becoming naturalized to present a 
 memorial to the Home Secretary of State (s. 7). Memorial to be 
 considered by the Home Secretary of State, who may issue a certifi- 
 cate (s. 8). The certificate to be enrolled in the Court of Chancery 
 (s. 9). The oath to be taken, of which a form is given, is to be sub- 
 scribed before a judge or master or master extraordinary in chancery, 
 who is to grant a certificate thereof (s. 10). The Secretary of State 
 is to regulate the manner of proceeding for obtaining certificates of 
 naturalization (s. 11), and the amount of fees to be fixed by the 
 Treasury (s. 12). Naturalized persons resident five years before 
 passing of act to enjoy rights as aliens (s. 13). The act is not to 
 afiect pre-existing rights, or to take away rights of aliens (ss. 14, 15). 
 By s. 16 women married to natural-born subjects deemed naturalized. 
 The following are the " Regulations" made by the Secretary of 
 State with reference to certificates of naturalization in pursuance of 
 the 7 & 8 Vict. c. 66, and dated the Ist August, 1847 :— 
 
 " I. Upon an application to the Secretary of State for the grant 
 of a certificate of naturalization, it will be necessary that the appli- 
 cant should present to one of her Majesty's principal Secretaries of 
 State, a memorial, praying for such gi'ant, stating : — 
 
 " Of what friendly state is he a subject ? 
 
 " His age, profession, trade or other occupation ? 
 
 " Whether he is married, and has any children ? 
 
 " Whether he has any settled place of residence, and where 
 situated, and how long he has resided within the king- 
 dom 7 
 
 " Whether he intends to reside permanently within the United 
 Kingdom ? 
 
 " On what grounds he seeks to obtain the right and capacities of 
 a natural-born British subject 1 
 " II. That the memorialist should make a declaration before a 
 magistrate, or other person authorized to take such delaration, 
 verifying the statements in his memorial ? 
 
 " III. That a declaration should be made and signed byfourhouse- 
 
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806 As to Matters to he done in Petty Sessions, [part hi. 
 
 7 & 8 Vict, holders at least, who should state their places of residence, vouchiDg 
 c-fiS- for the respectability and loyalty of the memorialist, verifying also 
 the several particulars stated in the memorial ; and that this decla- 
 ration should be made in due form, either together or separately, 
 before a magistrate, or other person authorized by law to receive such 
 declaration in pursuance of the act passed in the 6th and 6th years of 
 his late majesty king William IV. [c. 62, see tit. "Oaths," post]. 
 
 " The householders must be British-bom subjects ; and neither of 
 them the agent or solicitor of the memorialist." 
 
 APPRENTICES. 2 
 I. As to Parish Apprentices, infra. 
 II. As to Apprentices in general, p. 807. 
 
 I. As to Parish Apprentices. 
 
 We can only here give the purport of the numerous statutes hereon, 
 for to give even a short abstract of them would occupy a large number 
 of pages, and for fuller information the reader is referred to 1 Bum's 
 Justice, 29th ed. tit. "Apprentices." 
 
 Binding.] Inquiry and order of two justices for binding out ap- 
 prentice (56 Geo. 3, c. 139, s. 1) in parishes not within an union 2 a 
 (forms Nos. 1, 2, pp. 405, 406, Oke's "FormuUst," 2nd edit.) Two 
 justices, where the binding parish is, to sign allowance of indenture 
 (Id.), or where the child is to serve (56 Geo. 3, c. 139, s. 2 ; forms 
 Nos. 4, 5, pp. 406, 407 (Id.) ; — or in boroughs, &c. by a justice of the 
 borough, &c. and one of the county (3 & 4 Will. 4, c. 63, s. 3) ;— or 
 in the metropolitan police district by a single police magistrate (2 & 3 
 Vict. c. 71, s. 14; Peg. v. St. George, Bhomsbury, 20 L. J. (N. S.) 
 M. C. 200 ; 15 J. P. 466). Similar provisions are in the Merchant 
 Shipping Act, 17 & 18 Vict. c. 104, ss. 141 — 145, 519, as to appren- 
 ticeships in the sea service. 
 
 Master removing or dying.] Two justices, on the master removing, 
 may make order for continuing, assigning or discharging apprentice 
 (56 Geo. 3, c. 139, s. 8) ; — or in case of the master dying, for ap- 
 prentice continuing with widow, &c. (32 Geo. 3, c. 57, s. 2). Forms 
 Nos. 5—9, pp. 407, 408, Oke's " Formulist," 2nd edit. 
 
 Assignment.] Two justices to give their written consent to assign- 
 ment of apprentice to another master (32 Geo. 3, c. 57, s. 7). Forms 
 Nos. 10, 11, p. 408, Oke's "Formulist," 2nd edit. 
 
 Enforcing Covenant for Maintenance.] Master, or executors of 
 master, neglecting to maintain and provide for apprentice according 
 to covenant for that purpose in the indenture, two justices where the 
 
 2 As to the trades, and extent of justices' jurisdiction in this respect, see 
 Note 10, ante, p. 226. 
 
 2 a In unions or parishes under guardians, the 7 & 8 Vict c. 101, s. 12, 
 requires the guardians to bind out apprentices without the interposition of 
 
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CHAP. II.] Apprentices— Bastards. 807 
 
 apprentice belongs, on complaint of apprentice or overseers, may issue 
 distress warrant on personal effects of such master for the sum necessary 
 for the maintenance of the apprentice (32 Geo. 3, c. 57, ss. 6, 9 ; and 
 see 7 & 8 Vict. c. 101, s. 12, ante, p. 230, for penalty upon master 
 neglecting to perform conditions in indenture made by guardians). 
 Forms Nos. 12—14, p. 409, Oke's " Formulist," 2nd edit. 
 
 Master becoming Insolvent.] Two justices, on application of master 
 who has become insolvent, for discharge of his apprentice, may inquire 
 into the matter and discharge the apprentice if not more than £6 given 
 as premium (32 Geo. 3, c. 57, ss. 8, 9). Forms Nos. 23, 24, p. 25, 
 Oke's " Formulist," 2nd edit. 
 
 11. As to Apprentices in general. 
 Recovery ofWa^es.'] Not exceeding £10, recovered before one or 4 Geo. 4, c. 34. 
 more justice or justices where apprentice employed (s. 2). The pro- 
 visions of 11 & 12 Vict. c. 43, as to the process to be issued to the 
 master or mistress on complaints, where an order follows the adjudica- 
 tion, ante, p. 112, will be applicable here. The agent or foreman, if 
 the master resides at a considerable distance, &c. may be summoned, 
 and the amount levied on the goods of the master (s. 4). In default 
 of distress, imprisonment for not exceeding three calendar months, 
 unless the amount, costs of obtaining the order, of distress and con- 
 veyance to gaol, be sooner paid (11 & 12 Vict. c. 43, s. 22; ante, 
 p. 179 3). Forms Nos. 17—19, pp. 409, 410, Oke's "Formulist," 
 2nd edit. As to apprentices in the city of London, see 1 Burn's Jus. 
 29th edit. pp. 182, 183, 188, 189, 194, 200, 204. 
 
 BASTARDS. 
 I. Application for and Issue of Summons, infra. 
 II. Hearing and making of the Order, p. 809. 
 
 III. Enforcing Order, p. 811. 
 
 IV. Appeal against Order, Sfc. p. 812. 
 
 I. Application for and Issue of Summons. 
 Times of Application for a Summons.] Any single woman 4 who 7 & 8 Vict 
 may be with child, . "• 101. 
 
 3 Before this statute no imprisonment could be adjudged in default of 
 distress for wages ( Wiles v. Cooper, 5 N. & M. 276 ; 3 Ad. & E. 524). 
 
 4 A married woman may also make application if not cohabiting with 
 her husband, and an order may be made in her favour (see Reg. v. Colling- 
 wood, 17 L. J. (N. S.) M. C. 168 ; 12 Q. B. 681 ; 12 J. P. 725 ; and Reg. v. 
 Pilkington, 17 J. P. 388). A widow also is within the act (Reg. v. Wymond- 
 ham, 2 Q. B, 541 ; Jntony v. Cardinham, Fort. 309 ; 2 Bott, 194). It has 
 been said that the order in the case of a married woman may describe her 
 as " E., the wife of C. D., single woman," and it may adjudge the weekly 
 payment "until the said child shall attain the age of thirteen years, or shall 
 die, or the said C. D. shall again live and cohabit with his said wife the said 
 E. D., or the said E. D. shall marry again after the decease of her said 
 husband the said C. D. ;" but in the case of Reg. v. M'Cue, 17 J. P. 389 j 
 
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(08 As to Matters to be done in Petty Sessions, [pakt hi. 
 
 7 & 8 Vict. or who may be delivered of a bastard child after the passing of 
 
 c-lOl- this act (9th August, 1844), 
 
 or who has been delivered of a bastard child within the period of 
 six calendar months (9th February, 1844) before the passing of 
 this act, 
 may make application to a justice acting for the petty sessional divi- 
 sion of the county, or for the city, borough or placet in which she 
 resides 5, either before the birth, 
 
 or at any time within twelve [calendar, s. 74] months from the 
 
 birth 6, 
 or at any time thereafter, upon proof that the man alleged to be 
 the father has, within the twelve [calendar, s. 74] months next 
 after the birth, paid money for its maintenance (s. 2). 
 The application before birth is to be upon oath (s. 2), and the sum- 
 mons is to the man to appear on a day after the time when the mother 
 e;Epect» the child to be born, — and the same may be adjourned if she 
 
 Ex parte Grimes, 22 L. J. (N. S.) M. C. 153, a mandamus was issued to 
 justices to enforce an order made in favour of a married woman after the 
 return of the husband, as the liability of the putative father does not thereby 
 cease. An order cannot be made in respect of a child born abroad of a 
 foreign woman (Reg. v. Blanc, 18 L. J. (N. S.) M. C. 153; 13 Jur. 251); 
 or if born of an English woman out of England (Id.) 
 
 5 By 8 & 9 Vict. c. 10, s. 10, the term "petty sessional division" in 
 this section is to be taken to include any division of a county, riding or 
 division having a separate commission in which one or more petty sessions 
 have been or shall be usually held, or any division for the holding of special 
 sessions formed or to be formed under the 9 Geo. 4, c. 43, or the 6 Will. 4, 
 c. 12 ! — and that where there are two or more petty sessions usually held in 
 any such division, or where any justice acts for two or more of such divi- 
 sions, he shall require the party whom he shall summon under the authority 
 of the 7 & 8 Vict. c. 101 to appear at the petty session to be held in any 
 such division, as he shall deem fit (see iJ. v. Whittles, 18 L. J. (N. S.)M. C. 
 96 ; 13 Jur. 403). In Reg. v. mghes (26 L, J. (N. S.) M. C. 133 ; 1 Dears. 
 &. Bell, C. C. 188 ; 21 J. P. 293), it was held that if a woman goes to and 
 lodges at a place for the purpose of applying to the magistrates there for an 
 order of affiliation, intending to leave the place as soon as she has got the 
 order, she having at the time no other residence, and not having gone there 
 for any fraudulent or improper piu-pose, she is resident at the place within 
 this section. 
 
 6 In the recent case of Potts v. Gumbridge (27 L. J. (N. S.) M. C. 62; 
 22 J. P. 69), the proceedings under the following facts were held to be 
 regular:— On the 22nd March, 1856, C. was delivered of a bastard child ; 
 on the 30th of April she applied to a justice for a summons against P., the 
 alleged father j but no summons was issued, in consequence of her being 
 unable to ascertain where P. was living, he having left his home. The 
 justice told her to apply to the bench for a summons as soon as she could 
 ascertain P.'s residence. On the 30th November, 1857, she did apply, 
 having shortly before ascertained that he was living at Cambridge. A 
 summons was issued reciting the former application and the renewal of it, 
 and the case was heard on the 14th December, 1857, when P. did not 
 dispute the facts, but insisted that the summons issued upon the second 
 application was too late, and therefore that the proceedings were bad. An 
 order was made, and a case granted by the magistrates for the opinion of the 
 l-ourt of Queen's Bench. See also Ex parte Harrison, X6 J. P. 343. 
 
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CHAP. II.] Bastards. 809 
 
 cannot attend or the child is not born at the time named in the sum- 7 & 8 Vict. 
 
 nions ; — but the order cannot be made on that application if she does _ 
 not apply at the petty sessions within the space of two calendar months 
 from the birth of the child (8 & 9 Vict. c. 101, s. 4). She might, how- 
 ever, commence her proceedings de novo, and make an application 
 after birth (Forms of Application, Nos. 1, 3 and 5, pp. 410—412, 
 Oke's " Formulist," 2nd edit.) 7 
 
 In the case of twins, one application and summons would suffice; 
 and in the order a separate weekly sum should be awarded for each, 
 so that if one child should die, a distinct sum may appear on the face 
 of it to be payable for the other (9 J. P. 829). 
 
 A summons is to be issued to the person alleged to be the father, to 
 appear at the petty sessions, to be holden after the expiration of six 
 days at the least [i. e. clear days, exclusive of the first and last days], 
 for the petty sessional division, &c. in which such justice usually acts 
 (s. 2 of 7 & 8 Vict. c. 101). Vide Forms of Summonses, Nos. 2, 4 and 
 6, pp. 411—418, Oke's "Formulist," 2nd edit. 
 
 Any justice may, on request of either party, grant a summons to a 
 witness ; on non-appearance, and proof of personal service and reason- 
 able expenses tendered, a warrant may be granted. On appearance 
 refusing to give evidence, committal to prison for not exceeding four- 
 teen days, or until he shall sooner submit himself to be examined 
 (s. 70). Forms, Nos. 19—21, p. 426, Oke's "Formulist," 2nd edit. 
 
 II. Searing and making of the Order. 
 Hearing.] After the birth of the child, on the appearance of the 
 person summoned [personally, or by counsel or attorney, 8 & 9 Vict. 
 c. 10, s. 7], or on proof of the summons having been duly served on 
 such person, or left at his last place of abode six days at least before 
 (vide supra ),8 the justices are to hear the evidence of the woman, — 
 
 7 It is submitted that even in cases where the putative father has paid 
 a sum in gross, and the mother has executed a release of all claims, the 
 order can be made if the justices think fit; because such order would enure 
 for the benefit of the child after the mother's death, the act providing for 
 the payment of the weekly payments to a guardian, &c. (See S. Stone's 
 Manual, p. 75 ; also Crowhurst and Wife v. Laverock, 22 L. J. (N. S.) Exch. 
 57 ; 17 J. P. 249.) 
 
 8 A summons to the putative father cannot be served in Scotland, or 
 out of England and Wales, and justices would have no jurisdiction to make 
 an order upon such service. (Per Erie and Crompton, Js., Lord Campbell 
 dissentient, Reg. v. Lightfoot, 20 J. P. 404, 418 ; 25 L. J. (N. S.) M. C. 115). 
 In Reg. V. Higham (26 L. J. (N. S.) M. C. 116; 22 J. P. 6), a man having 
 reason to anticipate proceedings against him as the putative father of a 
 bastard child, born in the previous November, on the 17th .July left his 
 father's house where he had hitherto lived, and went to reside with a farmer 
 in another part of the country, whom he assisted in the farm, having no 
 intention, when he left, to return to his father's home. A bastardy sum- 
 mons was left at the father's house on the 29th of July, and was held a good 
 service " at the last place of abode." As to the time of the issue of sum- 
 monses, see Potts V. Cumhridge, Note 6i p. S08. 
 
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 e. 101. 
 
810 As to Matters to be done in Petty Sessions, [part hi. 
 
 7 & 8 Vict and if corroborated in some material particular by other testimony [i. e. 
 c. 101. by some other witness 9] to their satisfaction, they may adjudge the 
 man to be the putative father;— and if they see fit, having regard to 
 all the cu-oumstances, make an order on him for payment to the mother, 
 or to any other person appointed to have the custody of the child under 
 the provisions of this act, of a sum of money weekly, and of the costs 
 of obtaining the order 10, including, if they think proper, 10«. for the 
 midwife, and 10s. for the funeral expenses of the child, if it has died 
 before making the order (s. 3). The hearing may be adjourned, but 
 no order can be made unless applied for within forty days after service 
 of the summons, where application made after birth (s. 4). The order 
 may be made by justices for a county, &c. in an adjoining city or place 
 of exclusive jurisdiction (vide s. 6 of 11 & 12 Vict. c. 42, ante, pp. 10, 
 11). If the complaint be dismissed, there is no power to order payment 
 of defendant's costs. A second application may be made, the dismissal 
 being only in the nature of a nonsuit, and is not a final adjudication 
 against the mother (Seg. v . Justices of Gloucestershire, 13 J. P. 535 ; 
 Reg. V. Justices of Bucks, 18 L. J. (N. S.) M. C. 113; 13 Jur. 1053; 
 JReg. V. Mojchen, Id. 213 ; 13 Jur. 765 ; Ex parte Westerman, 16 Law 
 T. 420; Reg. v. BrUby, 18 L. J., (N. S.) M. C. 175). Forms of 
 Orders, Nos. 7, 8, pp. 413—415, Oke's " Formulist," 2nd edit. 
 
 Amount to be ordered.'\ If application before birth, or within two 
 calendar months after, the sum may be calculated from the birth, not 
 exceeding 5s. per week for the first six weeks after the birth ; and in 
 other cases at not exceeding 2s. 6rf. per week from the time of making 
 application (s. 3) ; but errors in this respect in the order, if the bad 
 part can be severed from the good, do not invalidate it {Reg. v. Green, 
 20 L. J. (N. S.) M. C. 168 ; 15 J. P. 420). 
 
 Defendant a competent Witness.] The defendant may be examined 
 on oath for the mother if regularly summoned as a witness (16 J. P. 
 30, 38, 156 ; 14 & 15 Vict. c. 99, ante, p. 60, Note 56 ; 17 J. P. 414; 
 and see the case of Ex parte Crowley, 19 J. P. 70 ; and Reg. v. 
 Lightfoot, 25 L. J. (N. S.) M. C. 115; 20 J. P. 678, in which this 
 view of the law seems to be admitted to be the correct one). However, 
 it is the practice of the police courts of the metropolis, to examine the 
 defendant when he is tendered as a witness by either party ; — but we 
 would not recommend a committal on refusal to answer a question, 
 although s. 70 of the 7 & 8 Vict. c. 101, ante, p. 809, authorizes that 
 course. 
 
 How Money to be paid— Appointment of Guardian."] The money 
 
 9 Evidence of language made use of by the defendant which may be 
 construed into an admission by him that he was the father of the child, will 
 entitle the justices to determine that the evidence of the mother has been 
 corroborated in a material paruoidar (see Reg. v. Pearcy, 18 Law T. 238 ; 16 
 J. P. 87). 
 
 10 This would include the expenses of witnesses accordino- to the usual 
 aUowance settled by the county, and the counsel or attorney's fees, if one 
 employed by the mother, which she is at liberty to do (8 & 9 Vict. c. 10, s. 7). 
 
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811 
 CHAP. II.] Bastards. 
 
 IB to be paid to the mother so long as she lives and is of sound mind, 7 & 8 Vict. 
 
 and is not in any prison, and is not under sentence of transportation ;— : : 
 
 and after her death, or whilst of unsound mind, or in prison, or under 
 sentence of transportation, two justices may, by consent, appoint 
 (Form No. 18, p. 425, Oke's " FormuUst," 2nd edit.) some person to 
 have the custody of the child, and may revoke such appointment and 
 appoint another in his stead. 
 
 III. Enforcing Order. 
 After one calendar month from the making U of such order (see 13 
 J. P. 415) any (me justice, upon oath that sum is in arrear (and proof 
 of due notice of the order, and that the woman has not married), there 
 being no necessity to demand the arrears (Wootten v. Harvey, 6 East, 
 75), may grant a warrant for the apprehension of the putative 
 father 12 ; hut no action lies against his executor on the order {Ste- 
 vens v. Jeacocks, 17 L. J. (N. S.) Q. B. 163). The guardian ap- 
 pointed may, if child not chargeable to an union, &c., recover the 
 same in the manner the woman might have done (s. 5) ; and by s. 8 a 
 penalty of £10 is imposed on him for misapplying the money or mal 
 treating the child. Where the mother dies, or is incapacitated, and 
 the child becomes chargeable to any parish or union by the neglect of 
 the putative father, the overseers or guardians [by their officer] may 
 make application for enforcing the order (s. 7). The order, which is 
 signed in triplicate, remains in force until the child is thirteen years 
 old, unless the mother sooner marries, or the child dies (s. 5). It 
 should be served upon the defendant either personally or by being left 
 at his place of abode ; and the proof of service may be by a statutory 
 declaration made at the time before a justice, or, if on the application 
 for a warrant for disobedience, by a deposition on oath of the person 
 serving. On defendant being brought up, and not paying the amount 
 with costs attending warrant, apprehension and bringing up, two jus- 
 tices may order the same to be levied by distress, which warrant may be 
 backed under the 11 & 12 Vict. c. 43 (see s. 35, ante, pp. 90, 91) 13. 
 Defendant may be detained until return of distress warrant. If no 
 
 11 Qucere, from the signing, as in the case of the time of giving notice of 
 appeal {Reg. v. Justices of Cheshire, Reg. v. Justices of Flintshire, 15 L. J. 
 (N. S.) M. C. 50), or from the service of a duplicate or copy. 
 
 12 Inthecase ofiJc^. v.ii'erraH(20L. J.(N.S.)M.C. 39); 15Jur.42i 
 15 J. P. 20), a soldier was held liable to be indicted for disobedience of an 
 order of sessions for the maintenance of a bastard child, as being a criminal 
 matter; but clauses in the Mutiny Acts (21 Vict. c. 9, ss. 52, 83, Army; 
 21 Vict. c. 7, s. 56, Marines) put an end to this liability, and he cannot 
 now even be summoned to show cause why he should not support his ille- 
 gitimate or legitimate children. 
 
 13 It is said (20 J. P. 427) that the 17th sect, of the 11 & 12 Vict, c.43, 
 ante, pp. 148, 182, applies to an order in bastardy, so as to allow of a minute 
 being served instead of a copy or duplicate of the order ; but the usual prac- 
 tice is to serve a duplicate of the order. 
 
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812 As to Matters to be done in Petty Sessions, [part hi. 
 
 7 & 8 Vict. ' distress, or defendant confess he has no goods (within the magistrates' 
 <=• 10^ - jurisdiction, 8 & 9 Vict. c. 10, s. 8), he may be committed by two jusi 
 tices for not exceeding three calendar months, unless the same, and 
 the charges of conveyance to prison, be sooner paid (s. 3). Not more 
 than thirteen weeks' pay can be recovered at one time where the 
 woman has allowed the payments to be in arrear for more than that 
 period without application to a justice (Id.) ; but if she has not 
 allowed that period to pass without application for a warrant, she is 
 entitled to the full amount due upon each application and warrant, if 
 more than one, and the defendant may be imprisoned for a distinct and 
 consecutive term on each (see 14 J. P. 680, 713, 714), and he is L'able 
 to the amount accruing during his imprisonment. It would appear, 
 from the case of Kendal v. Wilkinson (24 L. J. (N. S.) M. C. 89; 19 
 J. P. 467), that an appeal against the order does not stay the justices 
 from enforcing it by distress and commitment (see 19 J. P. 97, 98) ; 
 see also the case of Seg. v. M'Cue, in Note 4, p< 807. Forms Nosj 
 19—17, pp. 417—424, Oke's " FormuMst," 2nd edit. 
 
 IV. Appeal against Order, Sfc. 
 
 Within twenty-four hours (Sunday excluded, R. v. Middlesex, 17 
 L. J. (N. S.) M. C. Ill) after adjudication and making of the order 
 [i. e. when it is actually signed (Reg. v. Justices of Cheshire, 5 B. & 
 Ad. 441 ; Reg. v. Justices of Flintshire, 15 L. J. (N. S.) M. C. 50), 
 though not served upon the defendant (Reg. v. Justices of Derbyshire, 
 7 Q. B. 193 ; 7 Ad. & E. 193)], the man to give notice to the mother, 
 and within seven days entering into a recognizance before one justice, 
 he may appeal to the general quarter sessions of the peace held after 
 fourteen days next after the making of the order (s. 4). Written 
 notice of recognizance to be forthwith given by the father to the 
 mother, and (unless he enter into the recognizance before one of the 
 justices who made the order) to one at least of such justices ; and the 
 justice is bound to receive the recognizance, though he may be of 
 opinion that no notice of appeal has been given, as he has no jurisdic* 
 tion to inquire into that point {Reg. v. Mayor of Hastings, Et parte 
 Carter, 24 L. J. (N. S.) M. C. 72; 19 J. P. 71). Notice may he sent 
 by the po^ (8 & 9 Vict. c. 10, s. 3). It may also be given verbally; 
 and a verbal notice given to the mother by the clerk of the attorney of 
 the putative father, in his presence and by his direction, after a verbal 
 adjudication, is sufBcient {R. v. Huntingdonshire, 19 L. J. (N. S.) 
 M. C. 127). Appeal may be abandoned, and the recognizance is not 
 to be estreated (Id. s. 5, and see s. 6). Forms No. 9, p. 417, Nos. 22 
 —26, pp. 426, 428, Oke's " Formulist," 2nd edit. The appeal may 
 be heard although the mother be dead before the notice is served (R. 
 v. Leicestershire, 19 L. J. (N. S.) M. C. 209; 15 Q. B. 88). 
 
 Annual Return.] Clerk to the justices, annually, in January, to 
 make a return of summonses issued, applications and orders made, to 
 
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CHAP. II.] Betting Souses— Boohs— Building Societies. 813 
 
 the clerk of the peace (s. 11). Form No. 27, p. 428, Oke's " For- 
 muUst," 2nd edit. 
 
 BETTING HOUSES. 
 
 The 16 & 17 Vict. c. 119, s. 11, extends the 8 & 9 Vict. c. 109, 
 authorizing justices to grant a search warrant to enter gaming houses, 
 to the entering of hetting houses. See post, tit. " Gaming Houses." 
 
 BOOKS. 
 
 By Stat. 7 Anne, c. 14, s. 10, if any hook shall he taken or other- 
 wise lost out of any parochial library, any justice may grant his war- 
 rant to search for it ; and if it shall be found, it shall by order of such 
 justice be restored to the library (vide Order, Oke's " Formulist," p. 
 429, 2nd edit.). 
 
 BUILDING SOCIETIES. 
 
 Justices have the same jurisdiction in respect to disputes in building 6 & 7 Will. 4, 
 societies as they ha.i previously to the passing of the Friendly Societies "■ ^^* 
 Consolidation Act, 18 & 19 Vict. c. 63, which transferred the jurisdic- 
 tion in respect to disputes in the latter societies to the county court (see 
 post, tit. " Friendly Societies"). The Building Societies Act, 6 & 7 
 Will. 4, c. 32, by s. 4, provides, that all the provisions of the Friendly 
 Societies Act, 10 Geo. 4, c. 56, and also the provisions of the act amend- 
 ing it, 4 & 5 Will. 4, c. 40, "so far as the same or any part thereof 
 may be applicable to the purposes of any benefit building society, and 
 to the framing, certifying, inroUing, and altering the rules thereof, 
 shall extend and apply to such benefit building society and the rules 
 thereof, in such and the same manner as if the provisions of the said 
 acts had been herein expressly re-enacted." The 10 Geo. 4, c. 56, 
 and 4 & 5 Will. 4, c. 40, are repealed by the 18 & 19 Vict. c. 63, but 
 this repeal does not affect building societies, for the effect of the incor- 
 poration of the 10 Geo. 4, c. 56, and 4 & 5 Will. 4, c. 40, is the same 
 as if it had been actually written and printed as part of the 6 & 7 Will. 
 4, c. 32 1. 
 
 The following is a reference to the provisions of the Building So- 
 cieties Act, and the cases decided on each enactment : — 
 
 For what Purposes Societies may be formed— Rules— Medemp- 
 tion of Mortgages by Members.] 6 & 7 Will. 4, c. 32, ss. 1, 3, 5, 7 ; 
 4 & 5 Will. 4, c. 40, s. 4. Decisions : — Who may be members, 
 Dobinson v. Hawke, 16 Sim. 407; — Amount of members' interest, 
 Cutbill V. Kingdon, 1 Exch. Rep. 494 ; 17 L. J. (N. S.) Exch. 177 ; 
 Morrison v. Glover, 19 L. J. (N. S.) Exch. 20 ; 4 Exch. 430 ;— Whe- 
 ther copyholds are included, Doe v. Brandling, 7 B. & C. 660 ; Cres- 
 pigny v. WUtenoom, 4 T. R. 793 ; Kinaston v. Clar'k, 2 Atk. 265 ;— 
 
 1 See n. V. Stock, 8 Ad. & E. 405 ; R. v. Merimethskire, 6 Q. B. 343 ; 13 
 L. J. (N. S.) M. C. 158; R. v. Breconshire, 18 L. J. (N. S.I M C IS.S • 
 Walker v. Giles, 18 L. J. (N. S.) C. P. 323. ' ' 
 
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814 As to Matters to he done in Petty Sessions, [part hi. 
 
 6 & 7 Will. 4, Whether loans may be made to members, Cutbill v. Kingdom, supra ; 
 c. 32. Morrison v. Glover, supra ; Doe d. Morrison v. Glover, 12 Q. B. 
 
 103 ; — As to member being tenant at will to the society, Doe d. Bas- 
 tow V. Cox, 11 Q. B. Rep. 122 ; Walker v. Giles, 6 C. B. 662; 18 
 L. J. 323, C. P. ; 13 Jur. 588 ; The Third British Building Society 
 V. Barrett, 14 Law T. 259; — Kules binding from date of the re- 
 gistrar's certificate, Bradburne v. Whitehead, 7 Jur. 629 ; — Proof of 
 the rules, Walker v. Cfiles, supra ; Williams v. Hayward, 19 J. P. 
 788 ; Armitage v. Walker, 20 J. P. 53 ; — As to the redemption of the 
 mortgaged premises by members, Mosley v. Baker, 12 Jur. 551 ; 17 
 L. J. 257, Chan. ; Seagrave v. Pope, 22 L. J. 258, Chan. ; 16 Jur. 
 1099, Chan.; Fleming y. Self, 24 L. J. (N. S.) Chan. 29 ; 24 law T. 
 101, Chan. ; Archer v. Harrison, 21 J. P. 515. 
 
 Privileges of Societies and Members.'] The taking of a bonus, &c., 
 not to be deemed usurious, 6 & 7 Will. 4, c. 32, s. 2 [the usury laws 
 were repealed however by 17 & 18 Vict. c. 90 (1854)]. Decisions : — 
 Carr v. Johnson, 11 Law T. 356 ; Silver v. Barnes, 6 Bing. N. C. 
 180, decided previous to the 17 & 18 Vict. c. 90 ; — Rules and 
 transfers of shares to be exempt from stamp duty, 6 & 7 Will. 4, c. 32, 
 8. 8. Decisions: — Mortgages to the society are also exempt from 
 stamp duty. Walker v. Giles, supra ; Barnard v. Pilsworth, 6 C. B. 
 Hep. 698; — Members entitled to be county voters, Copland, app.,\, 
 BartUtt, resp., 16 C. B. Rep. 662; 13 Jur. 127 ; 12 Law T. 243, C. 
 P. ; Beamish v. Overseers of Stoke, 21 L. J. (N. S.) C. P. 9 ; 11 C. 
 B. 29 ; 16 Jur. 597, C. P. ; Lee, app., v. Hutchinson, resp., 14 Jur. 
 985, C. P. ; 8 C. B. 16 ; 20 L. J. (N. S.) C. B. 4 ; Hamilton, app., v. 
 Bass, resp., 22 L. J., C. P. 29 ; 17 Jur. 115 ; Moore, app., v. Over- 
 seers of Carisbrook, resp., 22 L. J., C. P. 64 ; 17 Jur. 116; 12 C. B. 
 661 ; Moorhouse, app., v. Gilhertson, resp., 23 L. J., C. P. 19 ; 17 Jur. 
 1184 ; 2 C. L. Rep. 38 ; 14 C. B. 70. 
 
 Investment qfFunds.l Not with the commissioners for the reduction 
 of the national'debt, 6 & 7 Will. 4, c. 32, s. 6. Decisions :— Loans 
 may be made to members, Mullock v. Jenkins, 4 Beav. 28 ; Cutbill v. 
 Kingdon, and Morrison v. Glover, supra. 
 
 Winding up of Sodety."] Within the Winding-up Act, Be St. 
 George's Society, 3 Jur. (N. S.) Chan. 682 ; 29 Law T. 310 ; 21 J. P. 
 501. 
 
 The provisions of the earlier acts relating to friendly societies which 
 apply to building societies are : — 
 
 How Rules made and Inrolled.] See ss. 1, 3, 7, of 6 & 7 Will. 4, 
 c. 32, and 4 & 5 Will. 4, c. 40, s. 4. 
 
 Members obtaining Money by Fraud.] See 10 Geo. 4, c. 56, s. 25, 
 ante, pp. 254, 255. 
 
 Where Disputes directed by Mules to be referred to Arbitration, and 
 either Party does not conform thereto.] See 10 Geo. 4, c. 56, s. 27, 
 which authorizes two justices to enforce the award by distress on the 
 
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.65. 
 
 CHAP. II.] Building Societies— Cemeteries— Church Building. 815 
 
 goods of the party or society. See Beg. v. Grant, 19 L. J. (N. S.) 6 & 7 Will. 4, 
 M. C. 59 ; 13 Jur. 1027. — 
 
 Where Disputes referred by Rules to Justices.] 10 Geo. 4, o. 56, s. 
 28, provides, that, on refusal by a member or officer to comply with the 
 rules, two justices may determine the complaint according to the rules, 
 and if a sum ordered, to be levied by distress. See Hammond v. 
 Bendyshe, 18 L. J. (N. S.) M. C. 219 ; 14 Jur. 62; 13 J. P. 444. 
 ' Where Society neglected to appoint Arbitrators within Forty Bays 
 after Application, or the Arbitrators have not made any Award.'] Two 
 justices on complaint of member may determine the matter in dispute 
 in the same manner as if the rules had du-ected disputes to be referred 
 to justices (4 & 5 Will. 4, c. 40, ». 7). 
 
 Where Member expelled.] Where a member is expelled and the 
 justices order him to be reinstated, the justices may order, in default of 
 reinstatement, the payment of a sum of money to the member, to be 
 recovered by distress (4 & 5 Will. 4, c. 40, s. 8). See Hammond v. 
 Bendyshe, supra. 
 
 CEMETERIES. 
 
 " The Cemeteries Clauses Act, 1847," 10 & 11 Vict. c. 65, the 10 & 11 Vict, 
 extent of which is shown in Note 53, ante, p. 256, provides for various 
 mattei's being heard and determined before justices, viz. : — 
 
 The mode of determining questions of compensation with regard to 
 lands taken or purchased is to be the same as under the 8 & 9 Vict. 
 c. 18, tit. "Lands Clauses Act," post (s. 6). 
 
 Correction of errors and omissions in schedule to special act, by two 
 justices (s. 7). 
 
 Certain provisions of the Waterworks Clauses Act, 1847, 10 & 1 1 
 Vict. c. 17, with reference to breaking up streets for laying down 
 pipes, are by s. 19, incorporated. See that title, post (ss. 31, 34). 
 
 Damages and penalties, and the determination of matters, are. to be 
 recovered and determined as under the 8 & 9 Vict c. 20 (s. 62). See 
 tit. " Sailways," post. 
 
 CHALLENGE, see ante, p. 716, and^os*, tit. "Prize Fights." 
 
 CHURCH BUILDING. 
 The acts are :— 58 Geo. 3, c. 45 ; 59 Geo. 3, c. 134 ; 3 Geo. 4, c. 72 ; 
 and 5 Geo. 4, c. 36 ; s. 2 of the latter relates to the recovery of the 
 rate made for repairing or rebuilding a church, which is the same as 
 for a church rate ; and it has been held, that the clause of 53 Geo. 3, 
 c. 127, s. 7, noticed tit. " Church Bates," p. 816, ousting the juris- 
 diction of justices to enforce payment when the validity of the rate is 
 in question, applies to a rate made under the Church Building Acts 
 (Jn Be Batkin and the Justices of Staffordshire, 25 L. J. (N. S.) M. 
 C. 126). 
 
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816 As to Matters to be done in P^tty Sessions, [part hi. 
 
 CHURCH RATES. 
 I. Secaven/ of a Church Rate and its Incidents, iofra. 
 II. Mode of Procedure, p. 817. 
 
 I. Meeovery of a Church Rate and Us Incidents. 
 
 Sums.'] Not exceeding £50 due from Quakers (7 & 8 Wfll. 3, c. 
 34, s. 4 ; 53 Geo. 3, c. 127, s. 6), and not exceeding £10 due from 
 other persons (53 Geo. 3, c. 127, s. 7), recovered before two justices, 
 but a mortuary is not recoverable before justices {Ayrtan v. Abbott, 18 
 L. J. (N. S.) M. C. 233). 
 
 The jurisdiction of justices is, however, taken away where a bond 
 fide intention is expressed of disputing the rate, although no proceed- 
 ing is commenced, — or if commenced not decided ; — but if the rate ap- 
 pears to be good upon the face of it, they should hear and examine to 
 ascertain whether the rate is disputed upon some reasonable ground, and 
 then go on or not with the proceedings (see Dale v. Pollard, 3 New 
 Mag. Cas. 169 ; 10 Q B. 504 ; 16 L. J. Q. B. 322 ; Rex v. Wrottesley 
 et al, 1 B. & A. 648 ; R. v. Milnrow, 5 M. & S. 248 ; R. v. Sillifant, 
 4 Ad. & E. 354 ; 5 N. & M. 640 ; R. v. Byron et al, 17 Law J. (N. 
 S.) M. C. 134 1 ; Prid. Chur. Guide, 7th edit. p. 157) ; for the statute 
 53 Geo. 3, c. 127, s. 7, gives the justices jurisdiction to order payment 
 in those cases only where the validity of the rate is not questioned ; 
 — but this provision does not apply to Quakers, against whom the pro- 
 ceedings are taken under the 7 & 8 Will. 3, c. 34, which contains no 
 such provision, and therefore justices have complete jurisdiction in the 
 cases against Quakers, subject only to the appeal to the quarter ses- 
 sions (Prid. Chur. Guide, 7th edit. p. 170). 
 
 The usual grounds upon which payment is disputed by others than 
 Quakers in the Ecclesiastical Court are the following, and which 
 
 1 In the more recent case of Reg. v. Collins, 16 J. P. 230, which was an 
 application under 11 Si 12 Vict. c. 44, s. 5, ante, p. 38, for a rule com- 
 manding justices to issue a distress warrant to levy a church rate, the party 
 having disputed the validity of the rate and stated his objections, and the 
 magistrate having adjourned the case for a month in order that he might take 
 proceedings in the Ecclesiastical Court, but he did not commence such pro- 
 ceedings, and the justices made an order for payment, but refused to issue a 
 distress warrant to enforce it, Lord Campbell, in refusing the rule,'said, after 
 reading the proviso to 55 Geo. 3, c. 127, s. 7 : — " Therefore, if the person 
 who is rated makes objection to the justices that the rate is invalid, and 
 does so bond fide, however erroneous his objections may be, in that case no 
 jurisdiction is given to the magistrates, but the parties are remitted to the 
 position in which they were before that statute passed. Now, in this case, 
 on the 8th of September, the magistrates had abundant notice that M. 
 disputedthe validity of the rate. He gave his reasons for objecting to it. 
 The magistrates had not to consider whether they were well or ill founded. 
 They are deprived of jurisdiction if the objection is made bond fide ; and 
 what reason is there in this case for saying that it was made moM^c.'" 
 See Reg. v. Crook, 21 J. P. 627, to the same effect. 
 
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CHAP. ii.J Church Bates. 
 
 equally apply to the proceedings before justices :— 1. That the rate was 
 illegally made, as not in vestry, &c. ; 2. That the rate is made for an 
 illegal purpose, as wholly or in part for purposes foreign to it, or for 
 retrospective purposes, &c. ; 3. That the rate is unnecessary, as ex- 
 cessive, or an old rate uncollected, or funds in hand, &c. ; 4. That the 
 defendant is unfairly assessed, as that persons are omitted, or under- 
 rated, or defendant overrated ; 5. That the defendant is assessed in 
 respect of property for which he is not liable, as not being the occupier, 
 that it is glebe land, or the like, or not situate in the parish (Prid. 
 Chur. Guide, 7th edit. pp. 173—213). 
 
 II. Mode of Procedure. 
 A complaint, not on oath, is to be made by one of the churchwardens 
 at the time of taking the proceeding (JR. v. Fenton, 1 Q. B. 480 ; B. 
 V. Lancashire, 20 L. J. 103 ; R. v. Bidwett, 1 Den. C. C. 223 ; 17 
 L. J. (N. S.) M. C. 99 ; 2 C. & K. 564) to a justice within six calendar 
 months from the demand made upon the defaulterg, and not before seven 
 days after the demand (54 Geo. 3, c. 170, s. 12). The justice there- 
 upon issues a summons to appear before two justices. The justices, 
 after having the following matters proved to their satisfaction, in ad- 
 dition to the service of the summons on non-appearance of the de- 
 faulter, — 1. The convening of the vestry meeting for making the rate ; 
 2. TJie vestry meeting at which rate made, and resolutions on estimate 
 produced there; 3. Sate to he produced, confirmation by ordinary un- 
 necessary ; and 4. Demand on occupier, and non-payment, — make an 
 order for payment of the amount with costs, of which order a minute 
 only need be served on the defendant (^Ratt v. Parkinson, infra) ; 
 — and on nonpayment thereof a distress warrant issues (53 Geo. 3, 
 c. 127, s. 7, and 54 Geo. 3, c. 170, s. 12) 3 ;— and in default of distress 
 commitment to prison " for any period not exceeding three calendar 
 months, unless the sum or sums adjudged to be paid, and all costs and 
 charges of the distress, and of the commitment and conveying of the 
 
 2 This limitation of six months is provided by 11 & 12 Vict. c. 43, s. II, 
 ante, p. 95, which act applies to this case, it being a complaint for an 
 " order for payment of money" (Rati v. Parkinson, 20 L. J. (N. S.) M. C. 
 208; 15 J. P. 356). That period begins to run from the first demand of 
 the rate, followed by nonpayment, which is equivalent to a refusal, and 
 churchwardens cannot get a new term by a £i:esh demand and refusal. The 
 question of when the demand was made is for the justices' determination, and 
 if they have decided that point the court cannot interfere. (See Reg. v. 
 Justices of Shrewsbury, Q, B., May 3rd, 1858, not yet reported.) 
 
 3 In Reg. v. Williams (19 L. J. (N. S.) M. C. 126 ; 14 Jur. 115 ) 14 J. P. 
 75) a distress warrant, the form of which was taken from Burn's Justice, 
 which directed the sale to be " forthwith " after distress made, was held bad, 
 as it ought to limit the time pursuant to 27 Geo. 2, c. 20, s. 1 { but it is very 
 remarkable that it escaped the notice of the court that this statute was 
 repealed by s. 36 of Jervis's Act, 11 & 12 Vict. c. 43, ante, p. 89, Note 2, 
 which, however, in the form there given ( (N 2), ante, pp. 185, 186, applicable 
 to this subject), a blank is left for the number of days to hold the distress. 
 
 o. s. 3 Q 
 
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 817 
 
818 As to Matters to he done in Petty Sessions, ^pxrt hi. 
 
 defendant to prison (the amount thereof being ascertained and stated 
 in such commitment), shall be sooner paid" (11 & 12 Vict. c. 43, s. 22, 
 ante, p. 179) 4. In the case of Quakers the costs of the proceedings 
 are limited by 1 Geo. 1, st. 2, c. 6, s. 2, to 10s. 
 
 There is an appeal against an order of justices for church rates 
 assessed upon Quakers as well as others (7 & 8 Will. 3, c. 34, s. 6 ; 
 7 & 8 Will. 3, c. 6, s. 7, and 53 Geo. 3, c. 127, s. 7). 
 
 Forms.'] Complaint, Summons, Order, Minute of Order, Distress 
 Warrant, &c., Nos. 1—7, pp. 429, 430, Oke's " Fm~mulUt," 2nd 
 edit. 
 
 COAST GUARD SERVICE. 
 19 & 20 Vict. By s. 8, the statutes in force as to her Majesty's ships and vessels 
 "• *^- and forces by sea, and the acts 10 & 11 Vict. c. 62, and 16 & 17 Vict. 
 
 c. 69 (in title " Navy, Seamen in her Majesty's," post), are to apply 
 to such of the coast guard as are borne on the books of any ship 
 belonging to her Majesty's fleet. By s. 21 of the Naval Coast Volun- 
 teers Act, 16 & 17 Vict. c. 73, it is provided (inter alia), that if " any 
 oflScer or man of the coast guard, or of any of her Majesty's cruisers, 
 seaman, rigger, or other person required to serve" in the navy under 
 that act, shall not appear to enter into actual service or not join the 
 ship when required, he is to be liable to be apprehended and punished 
 in the same manner as persons belonging to her Majesty's navy and 
 deserting or improperly absenting themselves from duty. 
 
 COMMISSIONERS CLAUSES ACT. 
 10 & 11 Vict "The Commissioners Clauses Act, 1847," 10 & 11 Vict. c. 16, the 
 <=• 16. extent of which is shown in Note 61 a, ante, p. 263, provides for 
 
 vai'ious matters being heard and determined before justices, viz. : — 
 
 A summary remedy before two or more jiistices against collectors, 
 or other officers of the commissioners, failing to account or deliver up 
 documents, &o. (ss. 70, 71, 72, 73). 
 
 4 It has heen said that the 5 & 6 Will. 4, c. 74, :>. 2, which provides that 
 no execution shall issue or be made against the person of any Quaker " for 
 recovering any great or small tithes, modus, &c.," in any "suit or other 
 proceeding" thereafter to be prosecuted or commenced in any of "his 
 Majesty's courts," prohibits justices from imprisoning a Quaker in default 
 of distress for a church rate. The writer differs from this opinion. The 
 5 & 6 Will. 4, c. 74, refers to tithes only (see Prid. Ch. Guide, p. 169), and 
 up to the period of that enactment, justices do not appear to have had any 
 authority to imprison any person for such default, although both Eccle- 
 siastical and other courts had. By 12 & 13 Vict. c. 14, s. 9, after reciting 
 that it is desirable to limit the time within which a person assessed to a 
 church rate may be imprisoned for non-payment of the same, enacts, — 
 {inter alia) that " no person shall be imprisoned for the non-payment of 
 any church rate for any time exceeding three calendar months." This 
 latter enactment appears to apply to proceedings in ecclesiastical courts, 
 and the U & 12 Vict. c. 43, s. 22, supra, to the imprisonment of all persons 
 by justices m default of distress for a church rate, which it will be observed 
 IS for the same term as the 12 & 13 Vict c. 14, s. 9. 
 
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CHAP. II,] Companies Clauses Act. °'-^ 
 
 Two justices may appoint a receiver on arrear of interest on mort- 10 * 'U''^'- 
 gages (s. 87). . 
 
 Two justices may settle amount to be paid to auditors of accounts, in 
 case of dispute (s. 92). 
 
 COMPANIES CLAUSES ACT 1. 
 
 Appointment of Receiver of Tolls.] On arrear of principal and 8 & 9 Vict, 
 interest due to mortgagee of the company after demand (s. 53), and 
 on application of mortgagee, two justices may, by order in writing, 
 after hearing the parties, appoint a receiver of the whole or a com- 
 petent part of the tolls or sums liable to the payment of the money, to 
 act till the same be paid off (s. 54). 
 
 Certificate of Capital] Upon production of the books of the 
 company, and of such other evidence as he shall think sufBcient, one 
 justice may grant a certificate that a definite portion of the capital 
 has been subscribed or paid up, before borrowing money (s. 40). 
 
 Officers of Company not accounting, ^c] By s. 110, officers em- 
 ployed by the company are, when required to make out and deliver to 
 the directors, &c. accounts of money received and had, paid and dis- 
 posed of, with the vouchers, and pay the balance thereon. By s. Ill, 
 " if any such officer fail to render such account, or to produce and 
 deliver up all the vouchers and receipts relating to the same in his 
 possession or power, or to pay the balance thereof when thereunto 
 requii'ed,— or if for three days after being thereunto required he fail 
 to deliver up to the directors, or to any person appointed by them to 
 receive the same, all papers and writings, property, effects, matters and 
 things in his possession or power, relating to the execution of this or the 
 special act, or any act incorporated therewith, or belonging to the 
 company, — then, on complaint thereof being made to a justice, such 
 justice shall summon such officer to appear before two or more justices 
 at a time and place to be set forth in such summons, to answer such 
 charge ; — and upon the appearance of such officer, or in his absence 
 upon proof that such summons was pereonally served upon him, or left 
 at his last known place of abode, such justices may hear and determine 
 the matter in a summary way, and may adjust and declare the balance 
 owing by such officer ; — and if it appear, either upon confession of 
 
 1 This act of 8 & 9 Vict. c. 16 is " The Companies Clauses Consolidation 
 Act, 1845," which applies to " every joint stock company which shall by any 
 act which shall thereafter [8th May, 1845] be passed be incorporated for the 
 purpose of carrying on any undertaking and this act shall be incorporated 
 with such act" (s. ]> By s. 3, the word "justice" is to mean a justice of 
 the peace for the county, Sic, where the matter requiring the cognizance of 
 any such justice shall arise, and who shall not be interested in the matter; 
 and the expression "two justices" is to be understood to mean two jus- 
 tices assembled and acting together in petty sessions. The act is not 
 incorporated with the Lands Clauses or Railways Clauses Acts, 184S, 8 8: 9 
 Vict. c. 18, 8 & 9 Vict. c. 20. 
 
 3g2 
 
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820 As to Matters to be done in Petti/ Sessions, [part in. 
 
 8 & 9 Vict, such officer or upon evidence, or upon inspection of the account, that 
 ^- J 6- any monies of the company are in the hands of such officer, or owing 
 
 by him to the company, such justices may order such officer to pay 
 the same ;-and if he fail to pay the amount, it shall be lawful for 
 such justices to grant a warrant to levy the same by distress, or, in 
 default thereof, to commit the offender to gaol, there to remain without 
 bail for a period not exceeding three [calendar, s. 3] months, unless 
 the same be sooner paid." By s. 112, "if any such officer refuse to 
 make out such account in writing, or to produce and deliver to the 
 justices the several vouchers and receipts relating thereto, or to deliver 
 up any books, papers or writings, property, effects, matters or things 
 in his possession or power, belonging to the company, such justices 
 may lawfully commit such offender to gaol, there to remain until he 
 shall have delivered up all the vouchers and receipts, if any, in his 
 possession or power, relating to such accounts, and have delivered up 
 all books, papers, writings, property, effects, matters and things, if 
 any, in his possession or power belonging to the company." By 
 s. 113, a warrant may be granted in the first instance by a justice, if 
 a director or other person on behalf of the company shall make oath 
 that he believes it is the intention of the officer to abscond. 
 
 Appeal.} An appeal is given against any determination or adjudica- 
 tion of a "penalty or forfeiture" by s. 159, Note 227, ante, p. 460 ; 
 but this does not apply to the proceeding just described. 
 
 CONSTABLES (IN GENERAL). 
 18 Geo. 3, c. 19. By s. 4, constables are to deliver to the overseers every three months, 
 and within fourteen days after going out of office, an account of money 
 expended by them or received on account of their respective parishes. 
 If the account be allowed at a meeting of the inhabitants, the sum is to 
 be paid out of the poor rates ; if disallowed, a justice may settle it, (the 
 constable giving notice to the overseers to attend,) from whose deter- 
 mination an appeal lies to the quarter sessions. Fees paid by the con- 
 stables (whether appointed under the County Police Acts or not) to 
 justices' clerks on proceedings against vagrants, are money expended 
 by them on account of the parish (Heg. v. Chelmsford, 12 L. J. 
 (N. S.) M. C. 139; 3 Gale & D. 357; 5 Ad. & E. (N. S.I 66; 7 
 J. P. 432, 447). The form of order or certificate in that case was as 
 follows : — ■ 
 
 We, two of her Majesty's justices of the peace for the county of E., acting 
 
 in and for the division of , having examined the above account, which 
 
 has this day been laid before us by the above-named J. M., do hereby cer- 
 tify, that we have heard and determined the objections made thereto by the 
 inhabitants of C, and have settled the amount due thereon to the said J. M. 
 at the sum of £ . 
 
 The amount cannot be disallowed by the auditor (11 & 12 Vict, 
 c. 91, s. 6). 
 
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CHAP. II.] Constables (Special). 821 
 
 CONSTABLES (SPECIAL). 
 
 Appointment of.] By s. 1, two or more justices of the peace of any 1 8f 2 Will. 4, 
 county, riding or division, upon oath of any credible witness, that any '^- *'• 
 tumult, riot, or felony has taken place, — or may be reasonably appre- 
 hended, — and that the ordinary officers of the peace are not sufficient 
 for the preservation of the peace, &c., — may appoint, by precept in 
 writing under their hands, so many as they shall think fit of the house- 
 holders or other persons (not legally exempt from serving the office of 
 constable, for which see s. 6 of 5 & 6 Vict. c. 109, ante, p. 788) re- 
 siding in such parish, &c. (or not so residing, if willing to act, 5 & 6 
 Will. 4, c. 43, s. 1) to act as special constables for such time and in 
 such manner as the justices deem necessary. By s. 2, persons exempt 
 may be appointed, if upon the representation of two justices one of the 
 principal secretaries of state shall order it, but their periods of service 
 is expressly limited to two calendar months. By s. 3, the secretary of 
 state may direct the lord lieutenant to cause special constables to be 
 appointed, whether the persons are exempted or not, and who are 
 to be only called upon to act for three calendar months. 
 
 [Forms of Depositions, Precept appointing Constables, Summons to 
 attend and be sworn, &c., Nos. 1 — 7, pp. 430 — 433, Oke's " Formu- 
 list," 2nd edit.] 
 
 The form of oath given by the 1 & 2 Will. 4, c. 41, to be adminis- Form of oath, 
 tered by the justices appointing, or any one of them, or any other, 
 is: — 
 
 I, A, B., do swear that I will well and truly serve our sovereign lady the 
 Queen in the office of special constable for the parish \_or township] of 
 
 without favour or affection, malice or ill-will ; and that I will, to the 
 
 best of my power, cause the peace to be kept and preserved, and prevent all 
 offences against the persons and properties of her Majesty's subjects; and 
 that while I continue to hold the said office I will, to the best of my skill 
 and knowledge, discharge all the duties thereof faithfully according to law. 
 So help me God. 
 
 The persons so appointed and sworn to act continue in office until 
 their appointment is suspended or determined (under s. 9, ante, p. 790), 
 if no time be limited in the precept by which they are appointed (see 
 Beg. V. Porter, 9 Car. & P. 778 ; R. v. Best, 16 L. J. (N. S.) M. C. 
 102; and Wise on Riots, &c., 1848, p. 71) ; — and the justices appoint- 
 ing, or justices in special sessions, may make orders and regulations for 
 the guidance of the persons so appointed (s. 4). As to suspending or 
 removing, see ante, p. 790 ; as to disobedience of orders, see OflFence 
 28, ante, p. 270. 
 
 Notice and circumstances of appointment to be notified to secretary 
 of state and lord lieutenant of the county (s. 1). Form No. 8, p. 433, 
 Oke's "Formulut," 2nd edit. 
 
 Expenses of.'] See ante, p. 790, the order being required to be made 
 at a special sessions. 
 
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822 As to Matters to be done in Petty Sessions, [pakt hi. 
 
 As to special constables on raUways, see 1 & 2 Vict. c. 80, post, tit. 
 " Mailways." 
 
 CONSTABLES FOR COUNTIES. See " County Police," 
 post, pp. 823—832. 
 
 CONSTABLES (PAROCHIAL). 
 5 & 6 Vict. Order far Expenses.} By s. 17, justices in petty sessions assembled 
 
 "• l"^- for the division may grant an order on the overseers of the parish for 
 
 the fees payable to the constable or the justices' clerk under the allow- 
 ances settled by the quarter sessions for duties performed, [or to the 
 constables for the execution of any order of a justice made in writing, 
 or for the performance of any occasional duties, the same being sanc- 
 tioned and allowed by justices in petty sessions assembled (13 & 14 
 Vict. o. 20, s. 2),] for which the payment is not by law charged upon 
 the county rates, and subject to the regulations of the quarter sessions. 
 Where the quarter sessions have not prescribed the times of making 
 these orders, it is usual for the constable of each parish to deliver his 
 account quarterly to the clerk to the justices and obtain an order for 
 the amount, and the justices' clerk usually keeps a register of these 
 orders, which gives the separate items of which it is composed. By 
 the 11 & 12 Vict. c. 91, s. 6, the production of the justices' order is 
 suflBcient to warrant the amount, when paid, being allowed in the 
 overseer's accounts without further inquiry. (Vide Form of Order, 
 No. 1, p. 434, Oke's " FormuUst," 2nd edit.) 
 
 Enjforcing Orders.] It has been said (13 J. P. 291, 769, 798 ; 15 
 J. P. 491), that the above-mentioned order can be enforced by a dis- 
 tress warrant under s. 19 of the 11 & 12 Vict. c. 43, ante, p. 175, as 
 no mode of recovery is provided by the 5 & 6 Vict. c. 109 ; but the 
 statute 11 & 12 Vict. c. 43, does not apply to orders made ex parte as 
 in this case, and therefore a previous summons upon the complaint 
 should issue, and doubtless likewise an order for payment in the Form 
 K. 1, ante, p. 155 (vide Forms, Nos. 2—4, pp. 434, 435, Oke's " For- 
 mulist," 2nd edit.) It appears that the 33 Geo. 3, c. 55, s. 1 {ante, 
 p. 266, Offence 5), which imposes a penalty for disobeying any order 
 of a justice, would apply (15 J. P. 491). 
 
 Dismissal of paid Constable.] A paid constable \i. e. one at a 
 salary] may be dismissed from his oflBce for misconduct by the justices 
 of the division in petty sessions assembled (5 & 6 Vict. c. 109, s. 19) ; 
 but there is no power either in that act or the 13 Vict. c. 20, s. 1, to 
 discharge an unpaid constable appointed under the statute (15 J. P. 
 472). Vide Forms, Nos. 5—7, p. 436, Oke's " FormuUst," 2nd edit. 
 
 CONSTABLES (under Lighting and Watching Act). See " Lighting 
 and Watching Act," post. 
 
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CHAP. II.] ConstaUes {Borough)— County Police. 823 
 
 CONSTABLES (BOROUGH). 
 Certificate of constable appointed by watch committee having taken 
 the oath (5 & 6 Will. 4, c. 76, s. 76). Form, p. 436, of Oke's " For- 
 malist," 2nd edit. 
 
 CONSTABLES (ore Navigable Rivers and Canals). 
 Appointment. "[ Two justices of the peace, or the watch committee 3 & 4 Vict, 
 of any incorporated borough, within their respective jurisdictions, may, **• ^''• 
 upon the application of the committee or board of directors of any 
 canal or navigable river, or of their clerk or agent, appoint so many 
 persons as they shall think, fit from among those who shall be recom- 
 mended to them for that purpose by such directors, clerk or agent, to 
 act as constables on and along such canal or river (s. 1) ; and may 
 dismiss any persons so appointed (s. 2). Forms of Oath and Ceitificate 
 thereof, Oke's " Formulist," 2nd edit, pp, 436, 437. 
 
 CORN DECLARATION. 
 To be made before a justice (5 Vict. c. 14, s. 23). Form, Oke's 
 "Formulist," 2nd edit. p. 427. 
 
 CORPORATION. 
 
 Delivery of Books, ^c] Town clerk, treasurer, or other ofiicer ap- 5 & 6 Will. 4, 
 pointed by the council, refusing or wilfully neglecting to deliver '^^ 76. 
 accounts, make payment, &c. within three days after written notice, 
 upon complaint thereof to any justice of the county or other jurisdic- 
 tion wherein officer shall be or reside, justice may grant a wareant for 
 his apprehension, — and two justices may, on neglect to deliver the 
 same, or to make satisfaction, commit ofiender to prison, without bail, 
 till he shall have paid such monies, &c., or render such account, or 
 have given satisfaction in respect thereof (s. 60). Forms of Complaint, 
 Warrant and Commitment, Oke's "Formulist," 2nd edit. pp. 437, 
 438, adapted to the decision in Eggington v. Mayor, Sfc. oflAchfieU, 
 24 L. J. (N. S.) Q. B. 360 ; 19 J. P. 819. 
 
 By s. 65, a similar remedy is given against officers having possession 
 of monies, goods, valuable securities, books and papers of the body 
 corporate, and not delivering up the same. 
 
 COUNTY POLICE. 
 
 We propose to give here a digested index to the several acts on this 
 subject, viz., the 2 & 3 Vict. c. 93 ; 3 & 4 Vict. c. 88 ; 19 & 20 Vict, 
 c. 69, and 20 Vict. c. 2, which, by s. 4 of the latter, are to be construed 
 together as one act. 
 
 1. Abstract of the Police Acts, infra. 
 
 2. Matters for Justices out of Sessions, p. 832. 
 
 1. Abstract of the Police Acts. 
 Establishment of the Constabulary.'] Under the 2 & 3 Vict. c. 93, 
 
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824 As to Matters to be done in Petty Sessions, [part hi. 
 
 ss. 1, 2, 3, 5, and under the 3 & 4 Vict. c. #8, ss. 2, 27, 28, 29, 30, the 
 power given to the justices to establish a police force for the whole or 
 parts of their counties was discretionary. But by the 19 & 20 Vict, 
 c. 69, s. 1, they were to proceed at the Epiphany sessions, 1857, to 
 establish a sufficient police for the whole county, or if already esta- 
 blished in part, then for the residue. By o. 2, where constabularies 
 have been established in divisions of a county, such establishments to 
 be consolidated into one county police force. The crown may require 
 separate police districts to be constituted in counties (s. 4). 
 
 Consolidation with Boroughs-I 2 & 3 Vict. c. 93, s. 24, exempted 
 boroughs incorporated under the 5 & 6 Will. 4, c. 76, from that act ; 
 but by s. 14 of 3 & 4 Vict. c. 88, boroughs might agree to consolidate 
 their police with the county police, and no such agreement can be put 
 an end to without the sanction of the secretary of state (19 & 20 Vict, 
 c. 69, s. 20). ■ By s. 5 of 19 & 20 Vict. c. 69, the crown, on represen- 
 tations from boroughs, may arrange terms of consolidation with coun- 
 ties, and vary such terms from time to time. 
 
 Appointment, Duties, Sec. of Chief Constable and Deputy.'] One or 
 more chief constables to be appointed by the justices in quarter sessions, 
 subject to the rules and approval of the secretary of state (2 & 3 Vict, 
 c. 93, s. 4; 19 & 20 Vict. c. 69, s. 1), who may serve for more than 
 one county (20 Vict. c. 2, ss. 1, 2, 3), and he may appoint superintend- 
 ents of divisions and the petty constables, subject to the approval of the 
 justices in petty sessions (2 & 3 Vict. c. 93, s. 6), and also a deputy 
 under certain restrictions (s. 7), he may also appoint constables at the 
 cost of individuals (3 & 4 Vict. c. 88, s. 19). The chief constable is to 
 attend each quarter sessions or adjournment and make quarterly reports 
 (s. 17), and also monthly returns of the disposition and number of the 
 force (3 & 4 Vict. c. 88, ss. 31, 32). He is to have allowances for neces- 
 sary expenses (2 & 3 Vict. c. 93, s. 18). See the secretary of state's 
 regulations hereon, post, p. 828. 
 
 Appointment, Sj-c. of Superintendents.] Superintendent to be ap- 
 pointed for each division by the chief constable, subject to the approval 
 of justices in quarter sessions (2 & 3 Vict. c. 93, s. 6, modified by 
 3 & 4 Vict. c. 88, s. 26). To send monthly return of disposition and 
 number of force to the chief constable (3 & 4 Vict. c. 88, ». 32). 
 
 Appointment, Sfc. of Petty Constables.] The number of constables 
 is not to be more than one man for every thousand of the inhabitants 
 according^ to the last census, the population of the excepted boroughs 
 and towns being deducted (2 & 3 Vict. c. 93, s. 1), and the number 
 first appointed may be afterwards increased or diminished by the jus- 
 tices in quarter sessions with consent of the secretary of state (s. 2). 
 The chief constable is to appoint the petty constables, subject to the 
 approval of the justices in petty sessions, and he may dismiss them 
 (s. 6). 
 
 Appointment of Local and Private Constables.'] By 3 & 4 Vict. 
 
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CHAP. II.] County Police. 
 
 c. 88, 8. le, the chief constable is to lay before the justices in special 
 sessions for hearing appeals against poor rates a list of fit persons 
 residing in each parish in the division willing to serve, in case of need, 
 as local constables during the year ensuing; and the justices in petty 
 sessions are to select therefrom the number in each parish as they shall 
 think fit, and administer to them the following oath: — 
 
 I, A. B., do swear, that I will well and truly serve our sovereign lady the 
 Queen in the office of local constable for the parish [or township, Sjc-I 
 
 of for the year ensuing, or until another shall be sworn in my stead, 
 
 according to the best of my skill and knowledge. So help me God. 
 
 (See regulations as to these constables, post, p. 830.) 
 
 By s. 19, the chief constable may, with approval of the quarter ses- 
 sions, appoint and cause to be sworn in additional constables at the 
 cost of individuals applying, who may discontinue them on giving 
 a month's notice. 
 
 Jurisdiction of the Police.'] By 2 & 3 Vict. c. 93, s. 8, the chief and 
 other constables are to have all the powers, privileges and duties 
 throughout the county, and also in all liberties and franchises and 
 detached parts of other counties locally situated within such county 
 (and see s. 27), and also in any county adjoining to the county for 
 which they are appointed, which any constable duly appointed has 
 within his constablewick by virtue of the common law, or of any 
 statute made or to be made ; and the provisions of the Special Con- 
 stables' Act, 1 & 2 Will. 4, c. 41, are to extend to the constables 
 appointed under this act (see the provisions, 1 & 2 Will. 4, c. 76, 
 ss. 11, 19). By s. 6 of the 19 & 20 Vict. c. 69, they are to have the 
 like powera, &c. in boroughs as borough constables have in the 
 county. 
 
 Superseding Constables under Local or other Acts.'\ With the ex- 
 ception of special constables, high constables and parochial constables, 
 the power to appoint petty constables under local or other acts is to 
 cease and determine when the 2 & 3 Vict. c. 93, is in operation (2 & 3 
 Vict. c. 93, s. 25) ; but this provision is not to affect for two years any 
 places where the population is more than 10,000 (s. 26). Also by 3 & 
 4 Vict. c. 88, s. 20, constables appointed under the Watching Act, 3 & 
 4 Will. 4, c. 90, or any local act, are to continue until the chief con- 
 stable shall notify to the local body that he is ready to undertake the 
 charge of the place. By ss. 21, 22, 23, provision is made for the rates 
 or debts outstanding, the accoutrements of the constables superseded, 
 &c. By 19 & 20 Vict. c. 69, s. 18, "until the constables or watch- 
 men appointed in and for any parish, town or place under the act 
 passed in the session holden in the 3 & 4 Will. 4, c. 90, or under any 
 local act authorizing the appointment of constables or watchmen, and 
 authorizing rates to be made and levied for the purpose of defraying 
 the expenses of such constables or watchmen, are discontinued as a 
 separate force in manner provided by s. 20 of the said act of the 3rd 
 
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826 As to Matters to be done in Petty Sessions, [part hi. 
 
 and 4th years of her Majesty [3 & 4 Vict. c. 88] and by this act, aU 
 the provisions of this act applicable to the constables of any borough 
 acting under the said act of 5 & 6 Will. 4 [5 & 6 Will. 4, c. 76] shall 
 be applicable to the constables or watchmen appointed under the said 
 act of 3 & 4 WiU. 4 [3 & 4 Will. 4, c. 90], or under such local act as 
 aforesaid, in and for such parish, town or place, and until such discon- 
 tinuance all the provisions of this act applicable to the vpatch com- 
 mittee of a borough shall be applicable to the inspectors, commissioners 
 or other persons having the appointment of constables or watchmen in 
 and for such parish, town or place, and the police of such parish, town 
 or place shall be visited and inquired into by the inspectors under this 
 act ; — and the provision in this act enabling the commissioners of her 
 Majesty's treasury to make payment towards the expenses of the 
 police of a borough having a population exceeding 5,000, shall, until 
 such discontinuance, extend to the police of such parish, town or place 
 as aforesaid having the like population." By s. 19, " Provided, that 
 where any such parish, town or place, having such constables or 
 watchmen as aforesaid, contains, according to the last parliamentary 
 enumeration, a population-of 15,000 persons or upwards, the chief con- 
 stable of the county in which such parish, town or place is situate shall 
 not give notice, under the said s. 20 of the said act of the 3rd and 4th 
 years of her Majesty, that he is ready to undertake the charge of such 
 parish, town or place, without the previous authority of one of her 
 Majesty's principal secretaries of state ; and notice of the intention of 
 the chief constable to apply to the secretary of state for such authority 
 shall be published by such chief constable in such parish, town or 
 place, in manner directed by the said s. 20 respecting the publication 
 of the notice therein mentioned, fourteen days at least before such 
 application is made." 
 
 Privileges and Liabilities, Sfc. of Constables.} See sect. 8 of 2 & 3 
 Vict. c. 93, on "Jurisdiction of the Police," p. 825. The chief and 
 other constables are disqualified from voting at elections for members of 
 parliament (2 & 3 Vict. c. 93, s. 9), nor are they to exercise any other 
 employment, &c., and are to be exempt from serving on juries (s. 10) ; 
 but this is not to prevent them from receiving any half pay (s. 11). 
 They are not to resign their office without leave or a month's notice, 
 under a penalty of £5 (s. 13) ; and if he is dismissed he is to deliver 
 up his accoutrements, &c., under pain of imprisonment for a month, 
 and a justice may grant a warrant to search for same (s. 14). 
 
 Pay, Fees and Allowances to Constables.'] The pay is fixed by the 
 quarter sessions, subject to certain rules made by the secretary of 
 state (2 & 3 Vict. c. 93, ss. 1, 3 ; 19 & 20 Vict. c. 69, s. 1). No con- 
 stable, other than a local constable, is to take fees'to his own use for 
 the performance of his duties (19 & 20 Vict. c. 69, s. 8). By 3 & 4 
 Vict. u. 88, s. 17, the justices in quarter sessions may settle tables 
 of fees and allowances for the service of summonses and execution 
 
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CHAP, II.] County Police. 827 
 
 of warrants, and for the performance of oecasiona] duties by the local 
 constables, which tables are to be approved by the secretary of state. 
 The fees received by other constables than local constables are to be paid 
 to the treasurer of the county in aid of police rate. As to allowances 
 to the constables, see " Superanmiation Fund and Allowances," infra. 
 
 Police Rate.'] The 2 & 3 Vict. c. 93, authorized the expenses of 
 putting that act into execution to be paid out of the county rate ; but 
 that was repealed by the 3 & 4 Vict. c. 88, s. 3, and the justices in 
 quarter sessions authorized to make a police rate. Sect. 4 provides 
 how property is to be valued, and s. 6 provides that the police rate is 
 to be levied and collected with the county rate. Provision is also 
 made, by ss. 6, 7, 8, for enforcing contributions to the police rate by 
 liberties and detached parts of counties. The counties may be formed 
 into police districts (s. 27), and each police district to pay for its own 
 constables (s. 28). Station houses and strong rooms are to be provided 
 and the cost defrayed out of the police rates (s. 12), for which purpose 
 money may be borrowed on the credit of such rates (s. 13). On certi- 
 ficate of secretary of state that an efficient police has been established 
 in any county or borough, one-fourth of the charge for pay, and 
 clothing to be paid by the treasury (19 & 20 Vict. c. 69, s. 16). 
 
 Superannuation Fund and Allowances.} 3 & 4 Vict. c. 88, s. 10, 
 provides that a superannuation fund shall be provided for constables 
 by deducting from the pay of every constable belonging to the police 
 force a sum after such yearly rate as the justices of the county in 
 general or quarter sessions assembled shall direct, not being a greater 
 sum than 2Z. 10s. in a lOOZ., and certain fines and moieties of fines (see 
 ante, p. 189), to be invested, with the interest and dividends, and to 
 accumulate for such fund or retiring allowances or gratuities as ordered 
 by the quarter sessions upon the recommendation of the chief constable. 
 The justices are to guarantee the security of the superannuation fund, 
 and make good any deficiency out of the county rate. The rates of 
 superannuation to the constables are fixed by s. 11, viz. : — 15 years 
 and less than 20 years service, half the pay ; 20 years or upwards, two- 
 thirds of pay ; if disabled while on duty, not exceeding whole of pay. 
 19 & 20 Vict. c. 69, s. 10, gives the quarter sessions power to grant 
 gratuities in gross out of the superannuation fund to incapacitated con- 
 stables who have not served 15 years. By s. 11 any deficiency in the 
 superannuation fund is to be made up out of the police rate. By s. 12 
 gratuities may be granted to officers superseded by the county police. 
 Power is given by s. 13 to grant annuities to chief constables, to be 
 paid out of the police rate. 
 
 Inspection of Force and Repayments from Treasury^ By 19 & 20 
 Vict. c. 69, s. 15, the crown may appoint inspectors for inquiring into 
 the state and efficiency of the police in counties and boroughs, &c., 
 and, by s. 16, on the certificate of the secretary of state that an efficient 
 police has been established in any county or borough, one-fourth of 
 
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828 As to Matters to be done in Petti/ Sessions, [part hi. 
 
 the charge for pay and clothing is to be paid by the treasury ; but 
 not to any borough whose population does not exceed 5,000, and not 
 consolidated with police of a county (s. 17). 
 
 Station HuusesJ] The justices in quarter sessions are empowered to 
 order that station houses and strong rooms, or either of them, for the 
 temporary confinement of persons taken into custody, be provided in 
 such places as they shall think fit, and upon the plan approved by the 
 secretary of state ; and for that purpose to purchase and hold lands, &c., 
 the cost to be defrayed out of the police rates (3 & 4 Vict. c. 88, s. 12). 
 Money may be borrowed for the purpose on the credit of the police 
 rate (s. 13). By the 19 & 20 Vict. c. 69, s. 22, where a station 
 house, &c., has been provided under the above enactment for part of a 
 county, the justices are to purchase the station house, &c., and pay for 
 it out of the county rate, and if the cost of erecting has been made 
 chargeable by mortgage on the police rate, the charge is to be trans- 
 ferred to the county rate. Sect. 23 incorporates the provisions of the 
 Lands Clauses Act, 1845, 8 & 9 Vict. c. 18, with it for purposes of 
 purchases of station houses, &c., and s. 24 extends the provisions of the 
 7 Geo. 4, c. 18, as to disposal of unnecessary station houses, &c. 
 
 Mules for the Government, Sfc. of the Force.'] The secretary of state, 
 on the 2nd February, 1857, made the following rules under the powers 
 given him by 2 & 3 Vict. c. 93, s. 3 :— 
 
 Chief Constable 1.] He must be certified by a medical practitioner to bein 
 good health and of sound constitution, and fitted to perform the duties of the 
 office. He must be recommended to the secretary of state, by the magis- 
 trates in whom the appointment is vested, as a person of genered good cha- 
 racter and conduct. 
 
 Superintendent or Inspector.'] His age must not exceed forty years. He 
 must be not less than five feet seven inches high, without his shoes. He must 
 be a man of general intelligence, able to read and write well, and to keep 
 accounts ; and must be certified by a medical practitioner to be free from 
 bodily complaint, and of a strong constitution. 
 
 1 In addition to these qualifications, the late Secretary of State (Sir 
 George Grey) stated in a circular to the clerks of the peace, "that the 
 approval of the Secretary of State will not be given to the appointment of 
 any chief constable whose age exceeds forty-five years, or who has been a 
 bankrupt, or who has taken the benefit of the Insolvent Act, unless the 
 justices transmit to the secretary of state a statement of the special reasons 
 which have induced them to make such an appointment, nor, unless the 
 secretary of state, upon a consideration of such reasons, shall be of opinion 
 that the case may be made an exception to the general practice. It will be 
 the duty, therefore, of the justices, in any case in which either of the quali- 
 fications before referred to are wanting, to call the attention of the secretary 
 of state to the fact when the appointment is submitted for his approval." 
 " The approval of the secretary of state of the appointment of a chief 
 constable has on several occasions been withheld, on the ground of his being 
 in the commission of the peace for the county, the two offices haying been 
 considered incompatible. As I concur in this opinion, I should not feel it 
 right to approve of the appointment of any chief constable while his name 
 continues in the commission of the peace for the county for which he has 
 been appointed." 
 
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CHAP. II. J County Police. 829 
 
 Serjeant or Constahle^ His age must not exceed forty years. He must 
 be not less than five feet seven inches high, without his shoes. He must be 
 able to read and write, intelligent and active, and certified to be free from 
 bodily complaint, and of a strong constitution, and recommended as of 
 irreproachable character and connexions. The special recommendation of 
 the chief constable, with the approval of two justices, as to the peculiar fit- 
 ness for appointment as superintendent, inspector, Serjeant, or constable, of 
 a person exceeding the limited age, or under the standard height, the secre- 
 tary of state will consider whether the case may not be made an exception 
 to the rules. If a candidate for any of the above offices has been previously 
 employed in any branch of the public service, civil or military, he shall not 
 be eligible for appointment, unless he produces satisfactory testimonials of 
 his conduct in such service j and a person who has been dismissed from any 
 police force shall not be eligible for appointment in any other police force. 
 No person shall be appointed or retained in any of the preceding offices who 
 shall hold any other office or employment for hire or gain (s. 10, 2 & 3 Vict, 
 c. 93) i or who shall sell or have any interest in the sale of any beer, wine 
 or spirituous liquors. When vacancies occur in the office of superintendent, 
 inspector or Serjeant, it is desirable that encouragement should be given to 
 meritorious men serving in the subordinate stations, by their promotion to 
 the higher stations when they are qualified. 
 
 Pay.] The following rates of pay are intended to be exclusive of any 
 expenses for the purchase of a horse or forage, for which, when a horse is 
 necessary, a separate allowance should be made. The chief constable's 
 pay, whether he is appointed for one county alone, or for two or more adjoin- 
 •ing counties or parts of counties, is not to be less than 250^. or more than 
 SOOl. a year : the apportionment of his pay, when he is appointed for more 
 than one county, being arranged by mutual agreement between the justices 
 of the counties for whicli he acts. The superintendent's pay not less than 
 751, or more than 150/. a year. The inspector's pay not less than 651. or 
 more than 1202. a year. "The weekly pay of the Serjeant is not to be less 
 than 19s. or more than 25s. The weekly pay of the constable is to be not less 
 than 15s. or more than 21s. Constables are not to receive any/c«5, which, 
 by the 17th section of the 3 & 4 Vict. t. 88, are to be paid to the treasurer 
 of the county ; but the above rates of pay are intended to be exclusive of 
 any allowance under the 18th section of the 2 & 3 Vict. c. 93. 
 
 CMhing.l The Serjeant and constable are to be supplied with the follow- 
 ing articles, in addition to their pay, viz. — In the first year, one great coat, 
 with cape and badge ; one coat with badge ; two pairs of trousers ; one pair 
 of boots ; one pair of shoes ; one hat ; one stock. In the second year, one 
 coat with badge ; one pair of trousers ; one pair of boots ; one pair of shoes ; 
 one hat. The supply for the third year will be the same as for the first, and 
 for the fourth the same as the second, and so on for successive periods. 
 
 Jceoutrements and Necessaries.] A constable's staff and a pair of hand- 
 cuffs are to be supplied to each constable. A small cutlass may be supplied 
 to any constable whose beat is so situated, that in the opinion of two justices 
 of the county it is necessary for his personal protection in the performance 
 of his duty. The cutlass is to be worn at night only, or at times when riot- 
 ing or serious public disturbance has actually taken place or is apprehended : 
 or upon any sudden emergency when orders have been given by the chief 
 constable that one or more of the constables should be so armed ; and the 
 chief constable shall, on each occasion of giving any such order, report the 
 same, and the reasons for such order, to any two justices of the peace for the 
 county aS soon afterwards as is practicable. 
 
 General Instructions.'] The chief constable will make a report in writing 
 to the justices assembled at every quarter sessions of the peace for the 
 county, of the amount, and effective state and operation of the force, 
 and shall append thereto a statement of the distribution of the force, of the 
 number of persons apprehended by the police, the nature of the charges 
 against them, and the result of the proceedings, the number of offences 
 reported to the police, and any other particulars which may tend to show 
 the state of crime in the country. Immediately after the termination of the 
 
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830 As to Matters to be done in Petti/ Sessions, [part hi. 
 
 sessions the chief constable shall transmit a copy of this report to the secre- 
 tary of state for the home department, with a copy of any note or minute 
 made thereon by the justices. But the chief constable need not transmit 
 with such report the statement appended thereto, unless directed to do 
 so by the justices. The chief constable will, subject to the approval of 
 the justices, frame all such orders and regulations as he shall deem expe- 
 dient for the government of the force, and shall submit to the justices 
 at every quarter sessions copies of all regulations and general orders made 
 by him since the preceding sessions. The chief constable will cause a 
 charge sheet, according to the required form, to be kept by the constables 
 under his orders; and will take care that the constables' enter thereon the 
 name, offence, and other particulars relating to every person apprehended 
 by them, and lay the same before the magistrates by whom the charges are 
 to be heard. And when all the cases entered therein have been disposed of 
 by the magistrates, the chief constable will cause the charge sheets to be 
 sent to him, or to be kept safely by one of his subordinate officers. The 
 chief constable will also cause the constables to enter in a charge sheet, 
 made according to the required form, the particulars relating to every 
 person against whom a charge is made which is not taken by the con- 
 stable. And at the expiration of every three months the chief constable will 
 transmit the charge sheets to the clerk of the peace for the county, who will 
 dispose of them as may be directed by the justices at sessions. The chief 
 constable will also make an immediate report to two justices of the peace of 
 any serious disturbance of the public peace that has taken place or is ap- 
 prehended, and of any crimes of an aggravated nature committed, and for 
 which the parties charged or suspected have not been apprehended ; and in . 
 order that further arrangements, if required, may be made without delay, 
 he will immediately transmit duplicates of such information to the secretary 
 of state for the home department, so as to ensure the earliest communication 
 to the proper authorities of any matter affecting the public peace. 
 
 Tkefollo%oing Regulations were made hy the Secretary of State on the 
 1st December, 1840, under the IQth section of S S;- i Vict. c. 88, 
 for the Oovernment of Local Constables (ante, pp. 824, 825). 
 
 Appointment of Constables.'] No person shall be appointed a local constable 
 who shall be a game-keeper, wood-ranger, bailiff, sheriff's bailiff, or who 
 shall be a hired servant in the employment of any person, or who shall keep 
 or have any interest in any house for the sale of beer, wine or spirituous 
 liquors ; and if any person who shall be appointed a constable shall at any 
 time after such appointment become a game-keeper, wood-ranger, bailiff, 
 sheriff's bailiff, or shall act in any of the said capacities, or shall sell or 
 have any interest in the sale of any beer, wine, or spirituous liquors, such 
 person shall thereupon become and be incapable of acting as such constable, 
 and shall forfeit his appointment of constable, and also all fees or allowances 
 payable to him as a constable j and the chief constable shall not insert in 
 the list to be made out by him and laid before the justices acting in and for 
 any petty sessional division of the county at one of their special sessions, 
 holden for hearing appeals against the poor rates, the names of any persons 
 so disqualified. 
 
 Pay or Fees and Allowances.'] The local constable is to receive, for the 
 service of summonses and execution of warrants, and for the performance of 
 such other occasional duties as may be required of him, such fees aud 
 allowances only and under such regulations as shall from time to time be 
 settled by the justices of the county in general or quarter sessions, and 
 approved of by one of her majesty's principal secretaries of state. He shall 
 not upon any occasion, or under any pretence whatsoever, take money or 
 other gratuity from any person for any act done by him by virtue of his 
 office of constable, without the permission in writing of the chief constable, 
 or of the justices in general or quarter or petty sessions assembled. 
 
 Complaints in case of Misconduct.] In cases of complaint against constables, 
 the party complaining should address himself in the first instance to the 
 chief constable, who will, in his discretion, proceed to inquire into the same 
 
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CHAP. II.] County Police. 831 
 
 summarily, or give immediate notice to a justice of the peace, who will 
 proceed thereon according to law, if the offence be cognizable by him ; and 
 if the subject of complaint do not constitute any offence legally cognizable 
 by him, the said justice will lay a statement thereof before the justices of 
 the county at the next quarter sessions of the peace, or any adjournment 
 thereof, and the justices will inquire into the same. 
 
 Annual Statement of Crime.'] By 19 & 20 Vict. c. 69, s. 14, — 
 " the justices of every county and the watch committee of every 
 borough shall, in the month of October in every j'ear, transmit to one 
 of her majesty's principal secretaries of state a statement, in such form 
 as one of the said secretaries of state may from time to time direct, for 
 the year ending the twenty-ninth day of September then last, of the 
 number of offences reported to the police within such county or borough 
 respectively, the number of persons apprehended by the police, the 
 nature of the charges against them, the result of the proceedings 
 taken thereupon, and any other particulars relating to the state of 
 crime within such county or borough which such justices or watch 
 committee may think it material to furnish, and a classified abstract 
 of all such reports and returns shall be annually prepared and laid 
 before parliament." 
 
 Execution of Warrants of Commitment.'] By 3 & 4 Vict. c. 88, 
 s. 33, — " whenever a warrant of commitment of any person to any 
 gaol or house of correction shall be directed and delivered to any eon- 
 stable in any county in which constables shall have been appointed 
 under the said act of the last session of parliament, it shall be lawful 
 for the justice of justices by whom such warrant shall be signed, if he 
 or they shall think fit, in and by such warrant, to command the con- 
 stable to whom the warrant is directed, and all other constables to whom 
 the warrant shall be successively delivered as hereinafter provided, to 
 convey and deliver the body of the person so committed, with the 
 warrant, into the custody of the constable who shall be in attendance 
 at the nearest or most convenient station-house or strong room be- 
 longing to the said police force lying in the way towards the said gaol or 
 house of correction, or to such other constable as shall be appointed 
 by the regulations of the police force to take charge of persons so 
 committed ; — and every constable into whose custody any such person 
 shall be so successively delivered shall endorse upon the warrant a 
 certificate in writing under his hand of the deliveiy of such person into 
 his custody, and the time and plaee of such delivery, and such cer- 
 tificate shall discharge the constable so delivering over the body of 
 such person from further execution of the warrant ; — and it shall be 
 lawful for any constable into whose custody such persons shall have 
 been so delivered to complete the execution of the warrant, by con- 
 veying and delivering the body of such person either to the said gaol 
 or house of correction or into the custody of the constable in attendance 
 at the next station-house or strong room as aforesaid, or to such other 
 constable as shall be appointed by the regulations of the police force to 
 
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832 As to Matters to he done in Petty Sessions, [part hi. 
 
 assist in taking charge of persons so committed ; — and every constable 
 into whose custody any person shall be so delivered, and who shall 
 have endorsed such certificate upon the warrant, shall have the same 
 powers, privileges and protections for and in the execution of such 
 warrant as if the same had been originally directed to him by 
 name." 
 
 Offences on or hy the Constables.'] See ante, pp. 266, 268, tit. 
 "Constables," Offences Nos. 9—19. 
 
 2. Matters for Justices out of Sessions. 
 The matters which justices of the peace out of quarter sessions have 
 to do with on this subject, in addition to the offences above referred 
 to, are : — 
 
 To approve of the petty constables named by the chief con- 
 stable in petty sessions assembled, by two or more justices 
 (2 & 3 Vict. c. 93, B. 6), and to swear the chief and other 
 constables into office (Id. s. 8), which oath may be adminis- 
 tered by one justice, and it should be in the same form 
 as for special constables under the 1 & 2 Will. 4, c. 41 
 (see ante, p. 821), as 2 & 3 Vict. c. 93, s. 8, ante, p. 825, 
 incorporates the provisions of that statute in that respect with 
 it: 
 To appoint local constables at a petty sessions from a list made out 
 by the chief constable and laid before the justices at one of 
 the special sessions holden for hearing appeals against poor 
 rates (3 & 4 Vict. c. 88, s. 16). 
 Any one justice may swear a local constable in. See ante, p. 825, 
 
 for form of Oath (Id.) 
 One justice to swear in a private constable (3 & 4 Vict. c. 88, 
 s. 19; 2&3 Vict. c. 93, s. 8). 
 
 COUNTY BATE. 
 15 & 16 Vict. Recovery cf, in Unions.'} By s. 26 of this Consolidation Act, the 
 "■ ^^- justices in quarter sessions are to send precepts direct to guardians 
 
 of unions for payment of county rates, who are to pay them (and see 
 8. 34). If the guardians fail to pay the same within the time limited, 
 the justices may issue warrants to the overseers of parishes, &c. to pay 
 the same (s. 27);— and if the overseers, &c. fail to pay the same, any 
 one justice, on complaint of the clerk of the peace or treasurer of the 
 county, may issue warrant of distress for levying the same on over- 
 seers', &c. goods (s. 28). 
 
 Recovery of, from Parishes not in Unions.] By s. 30, the justices 
 in quarter sessions are to issue precepts to the overseers of parishes, 
 &c. not comprised in unions, or only partly within the jurisdiction of 
 justices; -and by s. 31, the powers of the act are to extend to places 
 where there are no separate churchwardens, &c., or where no separate 
 
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CHAP. II.] Covnty Rate — Customs — Dissenters. %2^ 
 
 or distinct poor rate is made for any place extending into two or more 15 & 16 Vict, 
 counties, &o. Overseers of parishes, partly situated within boroughs " ^^- 
 
 and partly without, to collect the county rates leviable on the part of 
 the parish not comprised within the borough (s. 32). 
 
 Where High Constable in Office-I In counties in which the office of 
 high constable is held for life, or during good behaviour, the collection 
 of the county rate is to continue to be collected by him, until any 
 vacancy occurs in the office by the expiration of his appointment, or 
 otherwise ; and the precepts before mentioned are to be directed to 
 him, who will issue his warrants to the respective overseers ;^and if 
 overseers neglect to pay him, any justice of the county, upon complaint 
 of such high constable, may issue distress warrant (s. 36) ; but if the 
 high constable do not give approved security, the justices in quarter 
 sessions are to order and direct the overseers to pay the quota to the 
 county treasurer (s. 37). 
 
 Becovery of, from Borough Treasurers.'] By s. 38, any two justices 
 of the county, upon complaint of the treasurer of the same county, 
 made within one calendar month after the issue of any order upon the 
 council of any borough by the treasurer, under 5 & 6 Will. 4, c. 76, 
 ss. 114, 117, may issue to the borough treasurer a warrant, ordering 
 him tp pay to the county treasurer, over and besides the sum mentioned 
 in the treasurer's order, the additional sum of 10 per cent, on the 
 original order ; — and until payment thereof the county treasurer is to 
 have all the powers for the recovery thereof as are given against over- 
 seers for the recovery of county rates and surcharges by this act. 
 
 CUSTOMS. 
 
 By ss. 31—3.5 of this act (" The Customs Consolidation Act, 1853"), ig & 17 vict. 
 the commissioners of customs are empowered to conduct a public in- c. 107. 
 quiry into and decide certain complaints and disputes between mer- 
 chants and others, and the officers of customs. A like power is given 
 by s. 37 to the collector or comptroller of the customs when the dispute 
 occurs at the outports. The commissioners make an order or award ; 
 and by s. 35, " upon the production of any such order under the hands 
 of any two or more of the commissioners of customs to any justice or 
 justices of the peace, it shall be lawful for such justice or justices to 
 enforce such order in the same manner and by the like authority as 
 such justice or justices is or are now empowered to enforce orders under 
 and by virtue of the 11 & 12 Vict. c. 43." 
 
 By s. 341, compensation for lands taken under the act may be settled 
 by two justices. 
 
 DISSENTERS. 
 
 Preachers to take the oaths and subscribe the declarations before 
 preaching, or when thereunto required by a justice (62 Geo. 3, c. 155, 
 ss. 5, 7), and justices to give a certificate thereof (Form, p. 438, Oke's 
 
 o. s. 3 H 
 
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834 ^« to Matters to he done in Petty Sessions. [part hi. 
 
 "Formulist," 2nd edit.) Fee for certificate, 2s. &d. (s. 8). As to the 
 registration of buildings, see 15 & 16 Vict. c. 36, and 18 & 19 V.ct. 
 c. 81 ; and see this title also, ante, pp. 280, 282. 
 
 DISTRESS. 
 
 Costs of Distress.'^ Where a distress is made for arrears of rent [or 
 
 for land tax, assessed taxes, poors rates, church rates, tithes, highway 
 
 rates, sewer rates, or any other rates, taxes, impositions or assessments 
 
 whatsoever, 7 & 8 Geo. 4, c. 17] not exceeding £20, no greater 
 
 charges than the following are to be taken in respect of the same (57 
 
 Geo. 3, c. 93, s. 1) :— 
 
 £ s. d. 
 
 Levying distress 3 
 
 Man in possession, per day ....02b 
 Appraisement, whether by one broker or 
 more, 6rf. in the pound on the value of 
 the goods. 
 All expenses of advertisements, if any 
 
 such 10 
 
 Catalogues, sale and commission, and 
 delivery of goods. Is. in the pound on 
 the net produce of the sale. 
 These charges ought to be adopted in distresses for penalties on 
 convictions, or sums ordered by a justice on complaints for wages, &c. ; 
 but there is no enactment on this subject. Vide penalties for taking 
 more, tit. "Distress," ante, p. 284. 
 
 DIVORCE. 
 20 & 21 Vict. By s. 21 of the " Act to amend the Law relating to Divorce and 
 c- 85. Matrimonial Causes in England" (20 & 21 Vict. c. 86), it is enacted, 
 
 — " A wife deserted by her husband may at any time after such de- 
 sertion, if resident within the metropolitan district, apply 1 to a police 
 magistrate 2,— or if resident in the country, to justices in petty ses- 
 sions, — or in either case to the court,— for an order to protect any 
 money or property she may acquire by her own lawful industry, and 
 property which she may become possessed of, after such desertion, 
 against her husband or his creditors, or any person claiming under 
 him, — and such magistrate or justices or court, if satisfied of the fact 
 of such desertion, and that the same was without reasonable cause, 
 and that the wife is maintaining herself by her own industry or pro- 
 perty, may make and give to the wife an order protecting her earnings 
 
 1 The application had better be a written one, and substantiated on oath. 
 Vide form, post, p. 836. 
 
 2 The City of London justices, not being police magistrates, have no 
 jurisdiction under this enactment. 
 
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CHAP. II. J Divorce. 835 
 
 and property acquired since tlie commencement of such desertion 3> 20 & 21 Vict. 
 
 from her husband and all creditors and persons claiming under him, — _ 
 and such earnings and property shall belong to the wife as if she were 
 a feme «ofe:— provided always, that every such order, if made by a 
 police magistrate or justices at petty sessions, shall, within ten days 
 after the making thereof^ be entered with the registrar of the county 
 court within whose- jurisdiction the wife is resident 4 ; — and that it 
 shall be lawful for the husband, and any creditor or other person 
 claiming under him, to apply to the court, or to the magistrate or jus- 
 tices by whom such order was made, for the discharge thereof: — Pro- 
 vided also, that if the husband, or any creditor of or person claiming 
 under the husband, shall seize or continue to hold any property of the 
 wife after notice of any such order, he shall be liable, at the suit of the 
 wife (which she is hereby empowered to bring), to restore the specific 
 property, and also for a sum equal to double the value of the property 
 so seized or held after such notice as aforesaid : if any such order of 
 protection be made, the wife shall, daring the continuance thereof, be 
 and be deemed to have been, during such desertion of her, in the like 
 position in all respects, with regard to property and contracts, and 
 suing and being sued, as she would be under this act if she obtained a 
 decree of judicial separation" 5. 
 
 3 In the case of Ex parte Mullineux (27 L. J. (N. S.) Prob. & M. 19), 
 the judge ordinary said, where the motion was for an order to protect certain 
 property specified in the application of the wife, — "upon the facts stated by 
 Mrs. M. in her afSdavit, she is entitled to an order for the protection of the 
 property she has acquired since the desertion. I cannot, however, give an 
 order to protect any specific property. The order must be in general terms, 
 leaving open the question of title to the specified property." Vide form 
 of Order, post, p. 836. 
 
 4 The order is recommended to he made in duplicate, one copy being 
 handed to the registrar, and the other kept by the wife. 
 
 5 By s. 16, — "a sentence of judicial separation (which shall have the 
 efiect of a divorce a mensS. et thoro under the existilig law, arid such other 
 legal effect as herein mentioned) may be obtained, either by the husband 
 or wife, on the ground of adultery or cruelty, or desertion without cause for 
 two years and upwards ;" to be made by petition to the new court or at the 
 assizes (s. 17) ; and the decree may be again reversed by the court (s. 18). 
 Sections 25 and 26 contain provisions applicable to cases of a judicial 
 separation ; s. 25 provides, that " the wife shall, from the date of the sentence, 
 and whilst the separation shall continue, be considered as a feme sole with 
 respect to property of every description which she may acquire or which may 
 come to or devolve upon her ; and such property may be disposed of by her 
 in all respects as nfeme sole, and on her decease the same shall, in case she 
 shall 3ie intestate, go as the same would have gone if her husband had 
 been then dead ; provided, that if any such wife should again cohabit with 
 her husband, all such property as she may be entitled to when such cohabi- 
 tation shall take place shall be held to her separate use, subject, however, 
 to any agreement in writing made between herself and her husband whilst 
 separate." Sect. 26 provides, that " the wife shall, whilst so separated, be 
 considered as a feme sole for the purposes of contract, and wrongs and in- 
 juries, and suing and being sued in any civil proceeding ; and her husband 
 shall not be liable in respect of any engagement or contract she may have 
 entered into, or for any wrongful act or omission by her, or for any costs 
 
 3h2 
 
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 c 85. 
 
836 
 
 As to Matters to be done in Petty Sessions, [part iir. 
 
 20 & 21 Vict, 
 c. 85. 
 
 Application 
 for order. 
 
 The forms may be as follows : — 
 
 -1 To her Majesty's justices of the peace in and for the [county'} 
 
 to wit./ of in petty sessions assembled, at [in the division of 
 
 of ] in the same county. 
 
 The application of C. B., now residing at in the said [county^, the 
 
 lawful wife of A. B. of , made under and by virtue of section twenty- 
 one of the act passed in the session of parliament holden in the 20th and 
 21st years of her Majesty, chapter 85, intituled " An Act to amend the Law 
 relating to Divorce and Matrimonial Causes in England," who saith, — 
 
 * That on the day of she was lawfully married to her said 
 
 husband at , in the [county'] of ; that she lived and cohabited with 
 
 her said husband for years at and also at , and hath had ■ 
 
 children issue of her said marriage, of whom are now living with her, 
 
 and wholly dependent upon her earnings ; that on or about her said 
 
 husband, without any reasonable cause, deserted the applicant, and hath 
 ever since remained separate and apart from her ; that since the desertion 
 of her said husband the applicant hath maintained herself by her own in- 
 dustry [or on her own property, as the case may be], and hath thereby and 
 otherwise acquired and become possessed of certain money and property 
 consisting of [here state generally the nature of the property in the or- 
 dinary mode of describing it in legal instruments'] : * 
 
 Whereupon she prays an order for the protection of her earnings and pro- 
 perty acquired since the said day of [the time of desertion], from 
 
 her said husband and from all creditors and persons claiming under him. 
 Made to us the undersigned justices "\ C. B 
 
 assembled at the petty sessions above 
 
 mentioned, on the day of , 
 
 1858, the same being at the same time 
 
 duly sworn to by the said applicant. 
 
 J. S. 
 J. L. 
 
 Order to pro- \ To A. B., of , to all creditors of the said A. B., and to 
 
 tect wife's to wit. j all other persons claiming under him. 
 
 earnings, &c. Whereas application hath this day been made unto us the undersigned 
 
 J. S. and J. L., esquires, [two] of her Majesty's justices of the peace in 
 
 and for the said [county] of in petty sessions, at [in the division 
 
 of ] in the same [county], under and by virtue of section twenty-one of 
 
 the act passed in the sessions of parliament holden in the 20th and 21st 
 years of her Majesty, chapter eighty-five, intituled " An Act to amend the 
 Law relating to Divorce and Matrimonial Causes in England," by one C. B. 
 
 (hereinafter called the "applicant"), now residing at in the said 
 
 [county] of , the wife of the above-named A. B., and who hath been and 
 
 now is deserted by her said husband (hereinafter called the " husband" ) for 
 our order as hereinafter mentioned and contained : she, the said applicant, 
 alleging that [here insert the matter between the asterislis** in the last form] ; 
 Now, therefore, we the said justices in petty sessions as aforesaid, upon due 
 proof thereof upon oath as otherwise, and upon due consideration of the 
 premises, are satisfied of the fact of the said desertion of the said applicant 
 by her said husband, and that the same was without reasonable cause, and 
 that the said applicant is maintaining herself by her own lawful industry 
 [or property], and do hereby, upon the application of the said applicant, so 
 
 she may incur as plaintiff or defendant ; provided that where upon any 
 such judicial separation alimony has been decreed or ordered to be paid to 
 the wife, and the same shall not be duly paid by the husband, he shall be 
 liable for necessaries supplied for her use j provided also, that nothing shall 
 prevent the wife from joining, at any time during such separation, in the 
 exercise of any joint power given to herself and her husband." 
 
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CHAP. II.] Dicorce —Drainage. 837 
 
 made to us in petty sessions as aforesaid, and by virtue of the statute afore- 20 & 21 Vict. 
 said, make and give to the said applicant this our order, that the earnings c. 85. 
 
 and property of the said applicant acquired by her since the commencement 
 of such desertion of her by her said husband as aforesaid shall be pro- 
 tected from her said husband and from all creditors and persons claiming 
 under him, and such earnings and property shall belong to the said appli- 
 cant as if slie were a. feme sole. 
 
 Given under our hands and seals this day of •, in the [^county'] 
 
 aforesaid. 
 
 J. S. (l.s.) 
 J. L. (l.s.) 
 
 \ To C. B. of , A. B. of , her husband, and to all Discharge of 
 
 to wit./ creditors of the said A. B. and to all other persons claiming the last order, 
 under him. 
 
 Whereas on the day of we the undersigned J. S. and J. L., 
 
 esquires, [two] of her Majesty's justices of the peace in and for the said 
 
 {county] of , in petty sessions at [in the division of ] in the 
 
 same [county], under and by virtue of section twenty-one of the act passed 
 in the session of parliament holden in the 20th and 21st years of her ma- 
 jesty, chapter eighty- five, intituled " An Act to amend the Law relating to 
 Divorce and Matrimonial Causes in England," did, on the application of 
 the above-named C. B. (thereinafter called the " applicant"), then and 
 there made to us by virtue of the said stitute and upon due proof upon 
 oath as otherwise in that behalf, make and give to the said applicant, who 
 had been and then was deserted by the above-naned A. B. her husband 
 (thereinafter called the "husband"), an order, directed to the said husband, 
 to all creditors of the said husband and to all other persons claiming under 
 him, that the earnings and property of the said applicant, acquired by her 
 since the commencement of such desertion of her by her said husband as 
 aforesaid, should be protected from her said husband and from all creditors 
 and persons claiming under him, and that such earnings and property 
 should belong to the said applicant as if she were a feme sole ; And whereas 
 the said order was, within ten days after the making thereof, entered with 
 the registrar of the county court, within whose jurisdiction the said applicant 
 
 C. B. was then resident, to wit, the county court of , holden at ; 
 
 And whereas the said A B., the husband of the said C. B. [or E. F., a cre- 
 ditor, or a person claiming under a creditor of the said A. B.], hath this 
 day applied to us, the said justices by whom the above-mentioned order was 
 made, in petty sessions at , in the said [county] of , for the dis- 
 charge of the said order, alleging, that [give the reasons for the application] : 
 Now, therefore, we the said justices, upon due proof and upon consideration 
 of the premises, do hereby, pursuant to the statute aforesaid, discharge the 
 before-mentioned order so made by us on the day of- , . 
 
 Given under our hands and seals this day of , at , in the 
 
 [county] aforesaid. 
 
 J. S. (l.s.) 
 J. L. (l.s.) 
 
 DRAINAGE. 
 
 By s. 14 of this statute, for "facilitating the drainage of lands," lo & ll Vict, 
 where, by neglect of parties to join in maintaining, &c. banks lying c. 38. 
 near certain lands, injury is occasioned to the same, the occupiers may, 
 ■ after giving notice, maintain the same, and recover the expenses, if 
 not paid within one calendar month after demand, by making an ap- 
 plication to any justice [of the county and not interested, s. 19], who 
 summons the proprietor or occupier before two justices ; — upon appear- 
 
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838 As to Matters to be done in Petti/ Sessions, [part hi. 
 
 10 & 11 Vict ance the justices may make an order for payment, and the amount can 
 
 "• ^^- be recovered by distress (s. 16) ;— and in default of distress, there may 
 
 be imprisonment, under 11 & 13 Vict. c. 43, s. 22, ante, p. 179, for not 
 
 exceeding three calendar months, without hard labour. The complaint 
 
 in this case is within Jervis's Act, 11 & 12 Vict. c. 43. 
 
 By s. 15, no entry is to be made on the lands of occupier neglecting 
 to maintain banks, &c. without the warrant of two justices. 
 
 FORCIBLE ENTRY AND DETAINER. 
 The proceedings by justices upon view, with the necessary forms, 
 will be found in Bum's Just., not being within Jervis's Act, 11 & 12 
 Vict. c. 43 ; but there is considerable difficulty in the practical appli- 
 cation of the statutes on the subject: and in the case of Ex parte 
 Davey (2 Dowl. 24), the Court refused to grant a mandamus to com- 
 pel a magistrate to proceed under them (Stone's Manual, 5th edit, 
 p. 110). 
 
 FRIENDLY SOCIETIES. 
 18 & 19 Vict. The 18 & 19 Vict. c. 63, passed on the 23rd July, 1855, which ex- 
 *-• 63. tends to all friendly societies in Great Britain and Ireland, and the 
 
 Channel Isles and the Isle of Man (s. 50), is of a permanent chai-acter ; 
 and by s. 1 repeals the whole of the acts on the subject from the 33 
 Geo. 3, c. 64, to the 17 & 18 Vict. c. 107. Although justices have 
 now jurisdiction only in cases of fraud, &c. (ante, p. 290, and ante, p. 
 742), their jurisdiction in cases of dispute being taken away by ss. 40, 
 41, p. 844, except where the rules of societies formed after 1st August, 
 1855, provide for the settlement of disputes by justices instead of the 
 county court, it may be useful to place here the following analysis of 
 the 18 & 19 Vict. c. 63, and the provisions as to determination of 
 disputes. 
 
 I. Analysis of the 18 ^ 19 Vict. e. 63, infra. 
 II. Provisions as to Determination of Disputes, p. 844. 
 
 I. Analysis of the 18 Sf 19 Vict. c. 63. 
 As to Old Societies, 1793—1855.] That notwithstanding that re- 
 peal, such societies should continue to be subsisting societies, unless 
 and until they shall be dissolved or united with others (s. 2) ; that 
 their rules are to continue in force, and the rules filed at sessioas to be 
 sent to the registrar (s. 3) ; that all their contracts, and all bonds, &c. 
 to them were to continue and be valid (s. 4) ; and that so long as they 
 do not hereafter effect an insurance of any sum exceeding 200Z., or of 
 any annuity exceeding SOI. per annum (which are the limits placed on 
 societies to he established), they should enjoy all the exemptions and 
 privileges by this act conferred on new societies (s. 5). 
 
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CHAP. II.] Friendly Societies. 839 
 
 As to the Begistrars.] In addition to the duties of the registrars 18 & 19 Vict 
 for England, Scotland and Ireland being more clearly defined in the "' ^^' 
 
 present act, there ai-e provisions for their appointment, &c., and for 
 payment of their salaries and expenses of office, &c. (ss. 6, 7, 8). 
 
 The Purposes for which Friendly Societies may hereafter be esta- 
 blished.^ Sect. 9 enacts, for what purposes societies shall hereafter be 
 formed, viz., for raising a fund for these objects : — 
 
 1. For insuring a sum of money to be paid on the birth of a member's 
 
 child, or on the death of a member, or for the funeral expenses 
 of the wife or child of a member: 
 
 2. For the relief or maintenance of the members, their husbands, 
 
 wives, children, brothers or sisters, nephews or nieces, in old 
 age, sickness or widowhood, or the endowment of members, or 
 nominees of members, at any age : 
 
 3. For any purpose which shall be authorized by one of her Ma- 
 
 jesty's principal secretaries of state, or in Scotland by the lord 
 advocate, as a purpose to which the powers and facilities of 
 this act ought to be extended : provided that no member shall 
 subscribe or contract for any annuity exceeding 30/. per annum, 
 or a sum payable on death, or any other contingency, exceeding 
 200/. 
 The Extent of the Act as to oilier Socieiies.'\ Benevolent and 
 charitable institutions and societies may, on sending their rules to the 
 registrar, and on his certifying that they are not repugnant to law, be 
 entitled to certain benefits of this act, viz., the provisions as to the 
 appointment of officers, and as to the settlement of disputes (s. 11). 
 The statutes as to unlawful oaths are not to extend to societies under 
 this or the repealed acts (s. 12;. In the case of societies whose rules 
 are not certified, disputes between themselves may be settled as pro- 
 vided by this act as to certified friendly societies, and fraud may be 
 punished in like manner ; provided a copy of theu' rules are deposited 
 with the registrar (s. 44). 
 
 The act also extends its privileges to certain societies established 
 before the 15th of August, 1850 (the date of the passing of 13 & 14 
 Vict. c. 115), for granting annual payments to nominees of members, 
 and although exceeding £50 (s. 46) ; and its provisions are likewise 
 generally to apply to societies constituted under the Industrial and 
 Provident Societies Act, 1852 (s. 48). 
 
 The making, Sfc, of the Mules of Societies.^ Before a friendly 
 society can hereafter be established, the promoters must frame a set 
 of rules for the regulation, government and management of such 
 society, which shall make provision for appointing a general committee 
 of management, and delegating to such committee all or any of the 
 powers given by the act to members ; for the manner of altering, &c., 
 or making new rules, for the removal of trustees and other officers, &c. ; 
 and the section (the 25th) further specifies that the rules shall provide 
 
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840 As to Matters to be done in Petty Sessions, [part hi. 
 
 18 & 19 Vict, that all monies received or paid on accountof each and every particular 
 c. 63. f„nd or benefit assured to the members and other persons, for which a 
 
 separate table of contributions payable shall have been adopted, shall 
 be entered in a separate account, distinct from other monies of any 
 other benefit or fund, and also that a contribution shall be made to 
 defray the necessary expenses of management, and a separate account 
 shall be kept of such contributions and expenses. Two copies of these 
 rules are to be sent to the registrar, and if he find that they are in 
 conformity with law, and with the provisions of the act, he is to give 
 a certificate in the form given, returning one copy of the rules to the 
 society ; but he cannot grant any such certificate to a society assuring 
 to a member an annuity, &c. deferred or immediate, unless the tables 
 of contributions for such assurance have been certified by an actuary 
 (s. 26). By s. 27 the rules of new as well as of old societies may be 
 altered, amended or rescinded, or new rules made, which are to be 
 certified in like manner by the registrar. When the place of meeting 
 is changed, notice is to be sent to the registrar within fourteen days 
 (s. 28). Any person circulating false copies of rules, &c. is to be 
 deemed guilty of an indictable misdemeanor (s. 29, ante, p. 742). The 
 rules and tables of all societies, copies thereof, or extracts therefrom, 
 and all writings and documents relating to a friendly society, are to he 
 received in evidence in all courts, without proof of the signature of the 
 registrar (s. 30). 
 
 The Appointment of Officers and their Liabilities.'] By s. 17, every 
 society to be established under the act is, at some meeting, by a reso- 
 lution of the members present, to appoint one or more persons as 
 trustee or trustees, a copy of which resolution is to be sent to the regis- 
 trar ; and in societies established under the repealed acts the treasurer, 
 or other person having the custody of the monies of such society, is to 
 be taken to be a trustee within the meaning of this act. The respon- 
 sibility of a " trustee" is limited to the monies which shall be actually 
 received by him on account of the society (s. 20). By s. 21, the 
 treasurer of every society, as also the treasurer hereafter appointed 
 in any society established under any of the repealed acts, or any other 
 ofiicer who is required by the rules to give security, is to give security 
 by bond, or through a guarantee society established in London, for the 
 just and faithful execution of his office in such penal sum as the society 
 shall direct. The ti'easurer is also to render proper accounts to the 
 society when required by the trustees, &c., as well as all books, secu- 
 rities, and pay the balance of audited accounts to the trustees (s. 22). 
 On the bankruptcy or insolvency of any officer of any friendly society, 
 or upon any execution or attachment against him or his property, the 
 society may demand and require to be delivered and paid to them all 
 monies, property, deeds and securities belonging to the society out of 
 the officer's estate before any other of his debts are paid (s. 23). 
 
 The Accounts of Societies and Receipts and Payments.^ The society 
 
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CHAP. II.] Friendly Societies. 841 
 
 may subscribe an annual or other sum to any hospital, infirmary, 18 & 19 Vict. 
 
 charitable or other provident institution, in consideration of any mem- 
 ber, &c., being eligible to receive the benefits of such hospital, &c. 
 (s. 39). On the death of a member in any society, whereon a sum not 
 exceeding 50/. shall become payable, the same shall be paid by the 
 trustees to the person directed by the rules, or nominated by the 
 deceased in writing ; and in the case of no such direction or nomina- 
 tion, then to the person who shall happen to be entitled to the sum, 
 without taking out letters of administi'ation, &c. ; and the trustees are 
 indemnified in so paying (s. 31). An extra contribution may be de- 
 manded of a member serving in the militia out of the United King- 
 dom (s. 47 , and see 17 & 18 Vict. c. 105, s. 44. 
 
 Money payable on the Death of a Child-I Section 10 provides, 
 that in any society in which a sum of money may be insured payable 
 on the death of a child under ten years, no sum shall be paid for the 
 funeral expenses of such child, except upon production of a copy of the 
 enti-y in the register of deaths of the district where the child died ; and 
 if the cause of death is not mentioned in such entry as certified by a 
 medical practitioner, or by a coroner, then a certificate of a medical 
 practitioner, stating the probable cause of death, shall be required. 
 Upon insurances for funeral expenses of a child, made after the passing 
 of this act (23rd July, 1855), officers of societies are not knowingly to 
 pay any sum which shall raise the whole amount receivable from one 
 or more than one society for the funeral expenses of a child under five 
 years of age to a sum exceeding 6Z., or of a child between five and ten 
 to a sum exceeding 10/. There is a penalty of 61. imposed by the 10th 
 section on any trustee or ofiicer of a society making any payment 
 otherwise than as herein directed, or paying any sum without indorsing 
 the amount he shall pay on the back of the copy of the entry signed 
 by the registrar of deaths. 
 
 Of Actions hy and against Societies.'] The trustee or trustees are to 
 bring or defend any action, suit or prosecution in any court of law or 
 equity touching or concerning the property, right or claim to property 
 of the society ; and who are, in cases concerning the real or personal 
 property of the society, to sue and be sued " in his' or their proper 
 name or names, as such trustee or trustees, without other description," — 
 no action is to abate by reason of the death of a trustee (s. 19). The 
 trustees are also, by s. 21, to sue upon the treasurer's bond which has 
 become forfeited ; or for a balance of the treasurer's account rendered 
 by him (s. 22). 
 
 Obligations of Societies.] The trustees of old and newly-established 
 friendly societies are, once a year, in the months of January, February 
 or March, to transmit to the registrar a general statement of the funds 
 and effects of the society during the preceding twelve months, or a 
 copy of the last annual report ; and also, within three months after 
 the expiration of the month of December, 1855, and within three 
 
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 c. 63. 
 
842 As to Matters to be done in Petty Sessions, [part hi. 
 
 18 & 19 Vict, months after the expiration of every five years succeeding, to transmit 
 C.63. to the registrar a return of the rate of siclsness and mortality ex- 
 
 perienced by the society within the preceding five years (s. 45). When 
 the place of meeting of a society is changed, notice under the hands of 
 two of the trustees, or three members, must be sent within fourteen 
 days to the registrar (s. 28). 
 
 The Union of Societies/] Two or more old or newly-established 
 societies may unite and become incorporated in one society with or 
 without a dissolution or division of their funds; or a new or old so- 
 ciety may be allowed to transfer its engagements to another friendly 
 society, on the latter undertaking to fulfil the engagements of the 
 former (s. 14). 
 
 The Propertyof Societies— Building for Meetings.— The actautho- 
 rizes the trustees of any old or newly-established friendly society, with 
 the consent of the members at a meeting, to purchase, build, hire or 
 take upon lease any building for the purpose of holding their meet- 
 ings, &c., to purchase and hold land not exceeding one acre, for the 
 purpose of erecting such a building, to be held in trust for the use of 
 such society ; and with the like consent to mortgage the same (s. 16). 
 Property vests in the Trustees.'] All real and personal estate be- 
 longing to any society vests in the trustee or trustees for the time being, 
 for the use and benefit of such society, and in succeeding ti'ustees 
 without conveyance, save in tlie case of stocks and securities in the 
 public funds, which shall be transferred iuto the names of the new 
 trustees ; and in all actions and proceedings touching such property 
 the same may be stated to be the property of the person holding the 
 oflSce of trustee (s. 18). 
 
 How the Funds shall be invested — Past Investments by Old So- 
 cieties.] Sect. 34 especially relates to societies formed under the re- 
 pealed acts, and their monies on old assurances : — it provides that 
 societies which have heretofore invested any part of its funds with the 
 National Debt Commissioners may pay into the Bank of England, in 
 sums of not less than 601., money received from members on account 
 of assurances made before the passing of the act, and to receive in- 
 terest at such rales as such society has hitherto been entitled to receive 
 on account of such assurances, viz., for monies invested by societies 
 established before 28th July, 1828, on account of assurances made 
 before 15th August, 1850, 3d. per cent, per diem, or il. lis. 3d. per 
 annum ; and on account of assurances efiected after that day, 2d. per 
 cent, per diem, or 31. Os. lOd. per cent, per annum ; and for money in- 
 vested by societies established between the 28th July, 1828, and the 
 15th August, 1850, on account of assurances made before the latter 
 date, 2id. per cent, per diem, or 31. 16s. Old. per cent, per annum ; 
 and on account of assurances effected after the 15th August, 1850, 2d. 
 per cent, per diem, or 3/. Os. lOd. per cent, per annum ; and for money 
 invested with the commissioners by societies established since the 15th 
 
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c. 
 
 CHAP. II.] Friendly Societies. 843 
 
 July (qu. August), 1850, id. per cent, per diem, or Zl. 0«. \Qd. per 18 & 19 Vict, 
 cent, per annum. 
 
 Future Investments hy New and Old Societies.'] The funds of old 
 and newly-established societies may, with the consent of the society, or 
 in accordance with the rules, invest the funds to any amount in any 
 savings bank, or in the public funds, or with the National Debt Com- 
 missioners as mentioned in s. 83, or in such other security as the rules 
 may direct, not being the purchase of house or land (except buildings 
 for meetings, authorized by s. 16), or shares in joint stock or other 
 companies, and not being personal security, except in the case of a 
 member of a year's standing, to whom loans to the amount of not ex- 
 ceeding one-half of his lite's assurance may be made, on giving se- 
 curity of two sureties (s. 32). Sect. 33 provides, that every society, 
 wliich does not assure above the limited amount, may invest sums not 
 less than 60/. with the National Debt Commissioners, and be entitled 
 to interest at 2d. per cent per diem, or SI. Os. lOd. per cent, per annum ; 
 but they cannot withdraw and redeposit vrithout the consent of the 
 commissiouera (s. 35). Sect. 36 authorizes the registrar, on appli- 
 cation and proof that a trustee, in whose name any stock shall be 
 standing, is absent from the kingdom, or is dead, bankrupt, &c., to 
 direct the Accountant-General of the bank of England to transfer such 
 stock into the name of a newly-appointed trustee ; and if one of two 
 or more such trustees is likewise incapacitated, the registrar may in 
 like manner direct the continuing trustees to transfer the stock to the 
 new trustee jointly with them. 
 
 The Privileges, Sj-e. of Societies and Members, and their Repre- 
 sentatives.} A person under the age of twenty-one may be elected 
 and admitted a member of any friendly society, the rules of which do 
 not prohibit such election, but he is not to be competent to hold the 
 office of director, trustee, treasurer or manager (s 15). On death of a 
 member, sums under 50/. assured may be paid to a nominee, or to the 
 person entitled without administration (s 31). A member of one full 
 year's standing may receive a loan out of the funds of the society, on 
 providing two satisfactory sureties for repayment (s. 32). No member 
 can receive more than 200/., or 30/. a year from any number of friendly 
 societies, and before he receives sums assured, he is to make a decla- 
 ration that the total value of benefits assured to him do not exceed 
 those amounts (s. 38). Copy of rules, power, warrant or letter of 
 attorney, order or receipts for money contributed to or receipts for 
 money contributed to or received from the funds of societies, or bonds, 
 policies, appointments, certificates or other documents are not liable to 
 stamp duty ; but this exemption applies only to societies assuring sums 
 not exceeding 200/., or assuring payment of money on death of a 
 member to persons not being executors, administrators, assigns or 
 relatives of members (s. 37). An extra contribution may be required 
 
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844 As to Matters to be done in Petty Sessions, [part hi. 
 
 18 & 19 Vict, of members who are in the militia, when serving out of the kingdom 
 "■ 63. (s. 47). 
 
 Frauds and other Offences in relation to Friendly Societies.'] See 
 tit. " Friendly Societies" (Summary Convictions), ante, p. 290, and 
 (Indictable Offences) ante, p. 742. 
 
 The Dissolution of Societies.'] Members of any old or newly- 
 established society may at a special meeting dissolve the society by 
 consent ; provided, that the votes of consent of five-sixths in value of 
 the then existing members, including the honorary members, and all 
 persons receiving or entitled to receive relief, &c. from the funds, shall 
 be first obtained. The votes are to be ascertained in this wise. Every 
 member is to be entitled to one vote, and an additional vote for every 
 five years that he has been a member, but no one member to have 
 more than five votes in the whole. The intended appropriation or 
 division of the funds is to be fairly and distinctly stated in the agree- 
 ment for dissolution prior to such consent being given ; and the agree- 
 ment for such dissolution, duly signed, accompanied with a statutory 
 declaration by one of the trustees, or by three members and the secre- 
 taiy, taken before a justice, that the provisions of this act have been 
 complied with, is to be transmitted to the registrar (s. 13). The sec- 
 tion also contains other provisions upon this subject, and one imposing 
 an imprisonment of three months on an officer of a society aiding and 
 abetting in the dissolution of it, except in the way provided (Offence 
 6, ante, p. 290). 
 
 II. Provisions as to Determination of Disputes. 
 By s. 40, — " every dispute between any member or members of any 
 society established under this act or any of the acts hereby repealed, or 
 any person claiming through or under a member, or under the rules of 
 such society, and the trustee, treasurer or other officer, or the commit- 
 tee thereof, shall be decided in manner directed by the rules of such 
 society, and the decision so made shall be binding and conclusive on 
 all parties, without appeal : — provided, that where the rules of any 
 society established under any of the acts hereby repealed shall have 
 directed disputes to be referred to justices, such disputes shall, from 
 and after the 1st day of August, 1855, be refen-ed to and decided by 
 the county court as hereinafter mentioned 2. Sect. 41 gives to the 
 county court of the district within which the usual or principal place 
 of the society, established under this act or any of the repealed acts 
 shall be situate, power to deal with the following cases:— all applica- 
 tions for the removal of a trustee, — or for any other relief, order or 
 direction,— or for the settlement of disputes that may arise or may have 
 
 2 Justices will still have jurisdiction where the rules of societies esta- 
 blished after the 1st of August, 1855, direct disputes to be determined by 
 them. 
 
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CHAP. II.] Friendly Societies — Game. 843 
 
 arisen in any society, the rules of which do not prescribe any other 18 & 19 Vict. 
 
 63. 
 
 mode of settling such disputes, — or to enforce the decision of any arbi- 
 trators, — or to hear or determine any dispute if no arbitrator appointed 
 or decision given within a stated time ; — and such county court is em- 
 powered to give such relief and make such orders in relation thereto 
 as hereinafter mentioned {i. e. make an order for payment of money, or 
 for the doing of some act, and in default of being done, to pay a cer- 
 tain sum of money to be enforced in the same manner as a judgment 
 for debt or damages in such court (s. 42) ) or as may now be given or 
 made by the Court of Chancery in respect either of its ordinary, or its 
 special or statutory jurisdiction. Power is given to the Lord Chan- 
 cellor to make orders for regulating the proceedings in the county 
 courts in England, and in Scotland the Court of Session has the like 
 power (s. 43). In the case of firiendly societies whose rules are not 
 certified, disputes between the society and its own members are to be 
 settled as in the cases of certified societies (s. 44). 
 
 GAME. 
 
 Licensed to deal in.'] See ante, title " Game," p. 790. ] 1 & 12 Vict. 
 
 Killing Hares."] By 11 & 12 Vict. e. 29, s. 1, persons in the occu- c. 29. 
 pation of inclosed lands, and owners entitled to the game, may kill 
 hares by themselves without a game certificate, and if by another per- 
 son, an authority in writing in the following form must be given : — 
 
 I, A. B., do authorize C. D. to kill hares on my lands [oj- the lands 
 
 occupied by me, as the case may be], within the of [here insert 
 
 tJie name of the parish or other place, as the case may 6e]. Dated this 
 
 day of {here insert the day, month and year]. A. B. 
 
 By s. 2, such authority is not to be given to more than one person at 
 one and the same time, and it, or a copy, is to be delivered to the clerk 
 to the magistrates for the petty sessions division within which the said 
 lands are situate, who shall forthwith register the same, and the date 
 of such registration, in a book to be kept by him for such purpose, which 
 book shall be at all reasonable times open to the inspection of the clerk 
 to the commissioners for assessed taxes, or any of the collectors within 
 such district. This authority is to be held good until after the first of 
 February in the year foUowiug that within which the same is granted, 
 unless the same be previously revoked and notice of such revocation 
 be given to the clerk to the magistrates as aforesaid ; — and the said 
 registered authority, or the unrevoked register thereof, shall be good 
 and sufficient evidence of the right of the person to whom authority is 
 given by the same to kill hares upon the lands mentioned within the 
 same, without having obtained an annual game certificate. Vide Oke's 
 " Formulist," 2nd edit. p. 439, for the mode of registering and form of 
 Register Book, and Notice of Revocation of Authority. 
 
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g^g A,s to Matters to he done in Petty Sessions, [part hi. 
 
 GAMING-HOUSES. 
 8 & 9 Vict. Warrant to enter.] Any justice [except within the metropolitan 
 
 1. 109. police district, for which see s. 6] upon complaint on oath that there 
 
 is reason to suspect any house, room or place to be kept or used as a 
 common gaming-house, may give authority by special warrant to any 
 constable to enter, with necessary assistance, into such house, &o. and 
 if necessary to use force, &c. and to arrest and bring before a justice 
 all persons found therein (s. 3). Form of Warrant given by the act, 
 Oke's " Pormulist," p. 439, 2nd edit. 
 
 Justices may order instruments taken with the persons to be destroyed 
 (see s. 8). 
 
 GAS WORKS. 
 10 & 11 Vict. "The Gas Works Clauses Act, 1847," 10 & 11 Vict. c. 15, the 
 c. 15. extent of which is shown in Note 126, ante, p. SiO, provides for 
 
 various matters being disposed of before justices, viz.: — 
 
 Differences respecting plans of opening or breaking up streets, 
 drains, &c. by the undertakers for their works, to be determined by 
 two justices (s. 9). 
 
 Expenses of reinstating streets, drains, &c. to be recovered as 
 damages (s. 12). 
 
 Rents due for' gas, if less than £20, to be recovered as damages 
 (s. 16). 
 
 Expenses of examination and repair of water-works fouled, &c. by 
 gas of the undertakers to be ascertained and recovered as damages 
 (ss. 26, 27, 28). 
 
 Damages are to be ascertained and recovered as under the 8 & 9 
 Vict. 0. 20 (s. 48). See title " Railways," post. 
 
 GUNPOWDER. 
 A search warrant may be granted by any justice for gunpowder 
 made, &c. contrary to act (see 12 Geo. 3, c. 61, s. 23). 
 
 HARBOURS, DOCKS AND PIERS. 
 10 & 11 Vict. "The Harbours, Docks and Piers Clauses Act, 1847," 10 & 11 
 "■ 27. Vict. c. 27, the extent of which is shown in Note 126 a, ante, p. 314, 
 
 provides for various matters being beard and determined before justices, 
 viz.: — 
 
 The mode of determining questions of compensation with regard to 
 lands purchased or taken is to be the same as under the 8 & 9 Vict, 
 c. 18 (tide " Lands Clauses Act," post), s. 6. 
 
 Correction of errors and omissions in plans and books of reference by 
 two justices (s. 7). 
 
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CHAP. II.] Sarbours, Docks and Piers— Health (Public) Act. 847 
 
 Disputes concerning rates, or charges of disti'esses and assessments, 10 & 11 Vict 
 to be determined by a justice (s. 46). "• ' ' 
 
 Damage, not exceeding £50, done by vessels to the harbour, docks or 
 works may be recovered from the owner of vessel before two justices 
 (s. 75) ; and the owner may in like manner recover it from his ser- 
 vants doing the dataage (s. 76). 
 
 Two justices may appoint special constables named by the under- 
 takers (s. 79), and dismiss them (s. 80). 
 
 Damages are to be recovered as under the 8 & 9 Vict. c. 20 (s. 93). 
 See tit. " Railways," post. 
 
 HEALTH (PUBLIC) ACT, 1848 1. 
 I. Officers of Local Board not accounting, infra. 
 II. 'Recovery of Rates and Expenses of Works, p. 848. 
 III. Persons preventing Execution of Works, p. 850. 
 
 . 63. 
 
 I. Officers of Local Board not accounting. 
 Sect. 39, after enacting that oflScers and servants intrusted with 11 & 12 Vict, 
 money are to give security and to account to the local board of health, ' 
 enacts, " and if any such officer or servant fail to render such account, 
 —or to produce and deliver up such of the sajfl vouchers and receipts 
 as may be in his possession or power, — or to pay over any such monies 
 as aforesaid, — or if for the space of five days after being thereunto re- 
 quired he fail to deliver up to the said local board all papers and writ- 
 ings, property, eifects, matters and things in his possession or power, 
 relating to the execution of this act, or belonging to such board, — 
 then and in every such case a justice shall, on complaint being made 
 to him in that behalf, summon the party charged to appear and answer 
 the complaint before two justices at a time and place to be specified 
 in the summons;— and upon the appearance of the party charged, or 
 upon proof that the summons was personally served upon him or left 
 at bis last known place of abode or business, and if it appear to the 
 last-mentioned justices that he has failed to render any such accounts, 
 or to produce and deliver up any such vouchers or receipts, or any 
 
 1 This act will apply only to those places in which it shall be put in 
 force by order of her Majesty in council} and in some cases by a provisional 
 order of the General Board of Health, and sanctioned by parliament (s. 10). 
 Sects. 8 and 9 provide the mode of proceeding by petition by inhabitants, 
 upon which an inspector visits the place to make a preliminary inquiry and 
 reports to the General Board the result. But s. SO authorizes churchwardens 
 and overseers of any parish or place with less than 2000 inhabitants, in 
 which the act is not otherwise applied, after consent of a majority of not 
 less than 3-5ths of the rated inhabitants, to execute minor works, such as 
 the construction of sewers, providing wells, pumps, &c. for public use 
 
 By s. 117 of the same act, the local board of health, within the limits of 
 their district, shall, exclusively of any other person whatsoever, execute the 
 office of and be surveyor of highways. 
 
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848 As to Matters to be done in Petty Sessions, [part hi. 
 
 11 & 12 Vict, such papers, writings, property, effects, matters or things as aforesaid, 
 
 c-63. and that he still fails or refnses so to do, they may, by warrant under 
 
 their hands and seals, commit the offender to gaol, there to remain, 
 without bail, until he shall have rendered such accounts, and produced 
 and delivered up all such vouchers, receipts, books, papers, writings, 
 property, effects, matters and things in respect of which the charge 
 was made 2; — and if it appear that the party charged has failed to 
 pay over any such monies as aforesaid, and that he still fails or refuses 
 so to do, the last-mentioned justices may, by alike warrant, cause the 
 same to be levied by distress and sale of his goods and chattels, and in 
 default of any sufficient distress commit him to gaol, there to remain 
 without bail for a period of three months, unless such monies be sooner 
 paid ; — provided always, that if the complainant, by deposition on oath, 
 show to the satisfaction of any justice that there is probable cause for 
 believing that the party charged intends to abscond, such justice may 
 without previous summons, by warrant under his hand and seal, cause 
 him to be forthwith apprehended ; and in such case the said party 
 shall, within twenty-four hours after apprehension, be brought before 
 the same or some other justice, who may order that he be discharged 
 from custody, if such justice think that there is no sufficient ground for 
 detention, or that he be further detained until he be brought before 
 two justices at a time and place to be named in the order, unless bail 
 to the satisfaction of the justice be given for the appearance of the 
 party before such two justices ; — provided also, that no such proceed- 
 ing shall be construed to relieve or discharge any such surety of the 
 offender from any liability whatsoever." 
 
 II. Recovery of Rates and Expenses of Works. 
 Rates.'] Sect. 103 enacts, " that all rates made or collected under 
 the authority of this act shall be published in the same manner as poor 
 rates 3, and shall commence and be payable at such time or times, 
 and shall be made in such manner and form, and be collected by such 
 persons, and either together or separately, or with any other rate or 
 tax, as the local board of health shall from time to time appoint; — and 
 if any person assessed to any such rate fail to pay the same when due, 
 and for the space of fourteen days after the same shall have been law- 
 
 2 The case of Eggington V. Mayor, ^c. of Lichfield, ante, p. 823, title 
 " Corporation," applies to this case also. It decides that the form P. 2 in 
 Jervis's Act, 11 & 12 Vict. c. 43 (ante, p. 183), is the proper one to be used. 
 
 3 But by s. 117 neither the allowance by justices, nor the signature of 
 the local board of health, shall be necessary in the case of any rate made by 
 the local board of health under this act. In the case of Le Feuvre v. Miller, 
 26 L. J. (N. S.) M. C. 175 ; 29 Law T. a B. 344 ; 22 J. P. 226, it was held 
 that this enactment does not make an unpublished rate void; and on a 
 summons to enforce a rate which had not been published, but had not been 
 appealed against, the justices should disregard the non-publication, and 
 their warrant is a protection to the officer distraining under it. 
 
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cuAP. 11.] Health {Public) Act, 1848. 849 
 
 fully demanded in writing, any justice may, and he is hereby em- 11 & 12 Vict 
 powered to summon the defaulter to appear before him, or any other "• ^^- 
 
 justice, at a time and place to be mentioned in the summons, to show 
 cause why the rate in arrear should not be paid ; — and in case the 
 defaulter fail to appear according to the exigency of the summons or 
 no sufficient cause for non-payment be shown 4> the justice may, by 
 warrant under his hand and seal, cause the same to be levied by dis- 
 tress of the goods and chattels of the defaulter." (Forms of Complaint, 
 Summons and Distress Wai'rant, Nos. 1—3, pp. 440, 441, Oke's "For- 
 mulist," 2nd edit.) 
 
 Proviso for backing Warrant.'] And if any person quit, or be about 
 to quit, any premises without payment of any rate then due from him 
 in respect of such premises under this act, and refuse to pay the same 
 aftei- lawful demand thereof in writing, any justice, having jurisdiction 
 where such person resides or his goods are found, may and he is hereby 
 empowered to summon him to appear, at a time and place to be men- 
 tioned in the summons, to show cause why the rate so due should not 
 be paid; — and in case the defaulter fail to appear, or no sufficient 
 cause for non-payment be shown, the justice may, by warrant under 
 his hand and seal, cause the sum to be levied by distress of the goods 
 and chattels of the defaulters. There is no remedy provided in default 
 of distress, and the 11 & 12 Vict. c. 43, s. 22, cannot be applied, as no 
 order for payment is made, nor is the 12 & 13 Viet. c. 14 applicable, 
 as that statute applies only to poor and highway rates, " or any other 
 rate or assessment which by law now or hereafter is or shall be directed 
 to be enforced or recovered in the same manner as a poor rate," and 
 which the 11 & 12 Vict. c. 63 does not. Query, whether an appeal 
 lies against the adjudication under the above 103rd section {Bicardo v. 
 Maidenhead Local Board of Health, 27 L. J. (N. S.) M. C. 73 ; 
 2 H. & N. 257). 
 
 Appeal against Rates and other Matters.'\ The section 135 is given 
 in note 129, ante, p. 320. By s. 136, " the said court of general or 
 quarter sessions shall, upon appeals under this act against any rate, 
 have the same power to amend or quash any rate or assessment, and 
 to award costs between the parties to the appeal, as is or may by law 
 be vested in any court of general or quarter sessions with respect to 
 amending or quashing any rate or assessment, or awarding costs, upon 
 appeals with respect to rates for the relief of the poor ; — and the costs 
 awarded by the said court under this act may be recovered in the same 
 
 4 By s. 106, " the production of the books purporting to contain any rate 
 or assessment made under this act shall alone, and without any other evi- 
 dence whatsoever, be received as prima facie evidence of the making and 
 validity of the rates mentioned therein." 
 
 5 The constable neglecting or refusing to execute i warrant of distress 
 for rates is liable to a penalty not exceeding 365 (s. 104), recovered as 
 Offences 1—3, ante, pp. 318, 319. 
 
 0. g. 3 I 
 
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850 As to Matters to be done in Petty Sessions, [part in. 
 
 H & 12 Vict, manner in all respRcts as costs awarded upon the last-mentioned ap- 
 C.63. peals:— provided always, that notwithstanding the quashing of any 
 
 rate appealed against, all monies charged hy such rate shall, if the 
 court before whom the appeal is heard think fit so to order, be levied 
 as if no appeal had been made, and such monies, when paid, shall be 
 taken as payment on account of the next eifective rate for the purposes 
 in respect of which the quashed rate was made." 
 
 Recovery of Damages, ^c] By s. 129, in all cases in which the 
 amount of any damages, costs or expenses is by this act directed to be 
 ascertained or recovered in a summary manner, the same may be ascer- 
 tained by and recovered before two justices, together with such costs 
 of the proceedings as the justices may think proper;— and if the sums 
 adjudged be not paid by the party against whom the adjudication is 
 made, the same may be levied by distress and sale of his goods and 
 chattels, by warrant under the hands and seals of the justices making 
 the adjudication; in default of distress, imprfsonment, under 11 & 12 
 Vict. c. 43, s. 22, ante, p. 179, for three calendar months, without hard 
 labour, unless sooner paid. 
 
 III. Persons preventing Execution of Works. 
 
 Occupier preventing Execution of Worlts.'\ By s. 148, if the occu- 
 pier of any premises prevent the owner thereof from obeying or carry- 
 ing into effect the provisions of this act, any justice to whom applica- 
 tion is made in this behalf shall, by order in writing, require such 
 occupier to permit the execution of the works required to be executed, 
 provided that the same appear to such justice to be such as are neces- 
 sary for the purpose of obeying or carrying into effect the provisions 
 of this act 6- (Forms of Application, Summons and Order, Nos. 5, 6, 
 7, pp. 442, 443, Oke's " FormuUst," 2nd edit.) 
 
 Authority to Surveyor, Sfc. to enter upoii Lands.] By s. 143, " in 
 case it shall become necessary to enter, examine or lay open any lands 
 or premises for the purposes of making plans, surveying, measuring, 
 taking levels, examining works, ascertaining the course of sewers or 
 drains, or ascertaining or fixing boundaries, — and the owner or occu- 
 pier of such lands or premises shall refuse to permit the same to be 
 entered upon, examined or laid open for the purposes aforesaid, or any 
 of them, — the local board of health may, upon notice to such owner or 
 occupier, apply to two justices for an order authorizing the members of 
 such local board, and the superintending inspector, surveyor, and 
 inspector of nuisances, or any of them, to enter, examine and lay open 
 the said lands and premises for the purposes aforesaid or any of them, 
 — and if no sufiicient cause shall be shown against the same, the said 
 justices may make an order authorizing the same accordingly," and 
 the entry may then be made between ten and four o'clock:— provided, 
 
 6 For refusing to comply, see Offence 30 under this title, ante, p. 324. 
 
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CHAP. II.] Health {^Public) Act, 1%^— Highways, 851 
 
 that, except in case of emergency, no entry shall be made or works 11 & 12 Vict, 
 commenced under the powers of this enactment, unless twenty-four "■ °^' 
 
 hours at the least previously thereto notice of the intended entry, and 
 of the object thereof, be given to the occupier of the premises inteiided 
 to be entered. (Form of Order, No. 4, p. 441, Oke's " Formulist," 
 2nd edit.) 
 
 .50. 
 
 HIGHWAYS 1. 
 
 Removing Nuisances.'] If timber, soil, rubbish, &c. or other matter 5 & 6 Will. 4, 
 or thing be laid on a highway so as to be a nuisance, and shall not, ' 
 after notice by the surveyor, be forthwith removed, it shall be lawful 
 for the surveyor, by order in writing from one justice, to clear the 
 highway by removing the timber, and to sell same, &c. ; if insufficient 
 to defray the expenses of removal, the person who deposited same to 
 pay the same, and which may be levied as penalties (s. 73). (Forms 
 Nos. 1 — 3, and justice's order to remove snow, &c.. No. 4, pp. 443, 
 444, Oke's " FcrrmulM," 2nd edit.) 
 
 Impounding Cattle.'] Charges and expenses to be settled by two 
 justices, not exceeding Is. for each beast, and not exceeding 20s. alto- 
 gether above the expenses of impounding and keeping the same, and 
 if not paid within five days after, two justices may order the horse, &c. 
 to be sold (see s. 74). (Forms of Order, Nos. 5, 6, pp. 444, 445, Oke's 
 "Formulist," 2nd edit.) 
 
 'Widening.'] Two justices upon view may order highway to be 
 widened and enlarged, &c. (s. 82). Forms of Ordei-, Consent of 
 Owner, and Certificate of Justices to Quarter Sessions are given (Nos. 
 7, 8, 9, pp. 446, 447, Oke's " Formulist," 2nd edit.) 
 
 Diverting, S^c] Two justices to view on request of surveyor (s. 84). 
 Surveyor then to fix notice at ends, &c. of highway proposed to be 
 diverted, turned, or stopped up, in newspaper for four successive weeks 
 after view, and on church door for four successive Sundays. Proof 
 on oath of posting notices, with plan, verified by a surveyor, of old 
 and proposed new highway, to be made before the same justices, who 
 are then to certify the fact of their view, &c. The same proof, plan 
 and certificate [on parchment] to be lodged with the clerk of the peace 
 for the quarter sessions to be holden next after the expiration of four 
 weeks therefrom (s. 85). Ten clear days' notice of appeal against 
 justices' certificate (s. 88). After road made under order of quarter 
 sessions, two justices of the division to view same, and certify under 
 
 1 By s. 117 of the Public Health Act, 11 & 12 Vict. u. 63, " the local 
 board of health within the limits of their district shall, exclusively of any 
 other person whatsoever, execute the office of and be surveyor of highways, 
 and have all such powers, authorities, duties and liabilities as any surveyor 
 of highways in England is now or may hereafter be invested with or be 
 liable to by virtue of his office by the laws in force for the time being, except 
 in so far as such powers, duties or authorities are or may be inconsistent 
 with the provisions of this act." 
 
 3i2 
 
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852 As to Matters to he done in Petty Sessions, [part hi. 
 
 5 & 6 Will. 4. their hands and seals that the road is made in conformity with the 
 c. 50. order, and in good condition and repair; snch certificate is to be 
 
 ■ returned to the clerk of the peace and by him inroUed amongst the 
 
 recoi'ds of the court of quarter sessions next after the order shall have 
 been made (s. 91). Forms, Notice of Diverting, and Consent, Nos. 
 9, 10, Outline of Proofs of Posting, &c. Notices, Nos. 11, 12; Jus- 
 tices' Certificate of View, where the proposal to stop up emanates from 
 another party than the vestry. No. 13. The like certificate where the 
 proceeding to stop up, &c. originates with the vestry. No. 14; CerU- 
 ficate that Road is completed, No. 15, pp. 447-551, Oka's " Formu- 
 list," 2nd edit. 2 
 
 Allowance of Rate.-By two justices (s. 27). The allowance and 
 recovery are the same as a poors rate, titles " Poor," and " Bates," 
 post. 
 
 Collector not paying over ilfonies.] By s. 38, every collector ap- 
 pointed by virtue of this act shall, at such time and in such manner as 
 the surveyor may direct, pay all monies received by him as shall 
 remain due from him to the said surveyor;— and if he refuse or neglect 
 to do so, upon complaint made by the said surveyor to any justice, 
 such justice may issue a summons to appear before any two justices ; 
 and upon the said collector appearing, or having been so summoned 
 and not appearing, without some sufficient or reasonable excuse, or 
 not being found, it shall be lawful for the said two justices to hear and 
 determine the matter;— and if, upon confession of the party, or by the 
 testimony of any credible witness on oath, it shall appear to such 
 justices that any monies remain due from such collector, such justices 
 may, and they are hereby authorized and required, upon non-payment 
 thereof, by warrant under their hands, to cause such money to he 
 levied by distress and sale of the goods of such collector ; — and if no 
 goods and chattels of such collector shall be found sufficient to answer 
 and satisfy the said money and the charges of distraining and selling 
 the said goods and chattels, then and in every such case such justices 
 shall and they are hereby required to commit such ofiender to the 
 common gaol or house of correction for the county, city or place where 
 such offender shall be or reside, there to be kept to hard labour for a 
 period not exceeding six calendar months, or until he shall have paid 
 such monies as aforesaid, or compounded with the surveyor as afore- 
 said for such money ; — which composition the said surveyor, with the 
 consent of the inhabitants in vestry, or, in any parish where they do 
 not meet in vestry, with the consent of the inhabitants contiibuting to 
 the highway rate at a public meeting assembled, is hereby empowered 
 
 2 These forms of certificate have been expressly drawn to meet the case 
 of Seg. V. Justices of Worcestershire, 23 L. J. (N. S.) M. C. 113, which 
 decided that the certificate is defective if it does not state upon its face that 
 all the particulars required by s. 85 have been complied with. 
 
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CHAP. II.] Highways — Inchsures. 853 
 
 to make and receive. (Forms Nos. 18—22, pp. 452, 453, Oke's "For- 
 mulist," 2nd edit.) 
 
 Sailways interfering witTi Roads.'] See 8 & 9 Vict. c. 20, in tit. 
 "Railways," post. 
 
 INCLOSURES. 
 
 Matters in relation to Inclosure.] Declaration of valuer before 8 & 9 Vict 
 acting to be made before any justice (s. 38). Form, No. 1, p. 453, "• ^'S- 
 Oke's "FonnuUst," 2nd edit. 
 
 Certificate of public roads and ways set out being sufficiently formed 
 and completed to be by two o^ more justices for the county, &c. in 
 which lands to be inclosed shall be situate (s. 67). Form, No. 2, p. 
 454, Oke's "Formulist," 2nd edit. Certificate of two justices of the 
 election of field reeve (s. 1 17) ; order for compensation for rateable 
 increase or diminution of rights (s. J 19) ; recovery of expenses of ex- 
 changes and divisions (s. 151 ). 
 
 Recovery of penalties or forfeitures imposed by commissioners or 
 assistant commissioners before any two justices of the county not inte- 
 rested (s. 159). See 3 & 4 Will. 4,-c. 35, s. 1, as to remedy for i-ates 
 for the purposes of setting out and making roads, &c. The other acts 
 relating to inolosures are :— 9 & 10 Vict. c. 70 ; 10 & 11 Vict. c. Ill ; 
 11 & 12 Vict. c. 99 ; 12 & 13 Vict. c. 83 ; 15 & 16 Vict. c. 79, and 
 20 & 21 Vict. c. 31. 
 
 Obtaining Possession of Encroachments.'] By s. 13, when any 15 & 16 Vict, 
 person, by whom any encroachment or inclosure, of whatever value, '^" '^• 
 which under the 8 & 9 Vict. c. 118 shall be deemed to be parcel of 
 the land subject to be inclosed, shall be actually occupied, shall neglect 
 or refuse to quit and deliver up possession of the same, or any part 
 thereof, to the valuer acting in the matter of the inclosure, within one 
 calendar month next after the determination of claims under the said 
 act, the possession may be recovered by such valuer under the provi- 
 sions of the 1 & 2 Vict. c. 74, in such and the same manner as if such 
 occupier of an encroachment or inclosure were the tenant of a house, 
 land or corporeal hereditament, the possession of which is recoverable 
 under such last-mentioned act, whose term or interest had ended, and 
 the valuer were the landlord of the said premises : — provided always, 
 that the form of notice of valuer's intention to apply to justices to 
 recover possession, complaint before two justices, and warrant to peace 
 officer to take and give possession, set forth in the schedule to this act, 
 shall be substituted for the forms set forth in the 1 & 2 Vict. c. 74 ; 
 the expenses incurred by the valuer to be deemed expenses in the 
 matter of the inclosure. (Forms, Nos. 3—6, Oke's "Formulist," 2ud 
 edit. pp. 454, 455.) 
 
 INDUSTRIAL AND PROVIDENT SOCIETIES. 
 The first act relating to these societies is the 15 & 16 Vict. c. 31, 15 & 16 Vict, 
 which legalized their formation ; the 17 & 18 Vict. c. 25, amended '^- 31 ; 17 & 18 
 
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354 As to Matters to be done in Petty Sessions, [part hi. 
 
 Viot. c. 25 ; 19 certain of ite provisions, and provided for the appointment of an officer 
 & 20 Vict. of such societies to sue and be sued on their behalf; and the 19 & 20 
 
 "■ *"■ Vict. c. 40, amended the latter act in that respect. 
 
 I. Abstract of the Acts, infra. 
 II. Jurisdiction of Justices, p. 856. 
 
 I. Abstract of the Acts. 
 
 For what Purposes Societies may be formed.'] 15 & 16 Vict. o. 31, 
 s. 1, enacts,—" It shall be lawful for any number of persons to establish 
 a society under the provisions of this and the said recited act [13 & 14 
 Vict. c. 115], for the purpose of raising by voluntary subscriptions of 
 the members thereof a fund for attaining any purpose or object for the 
 time being authorized by the laws in force with respect to friendly 
 societies, or by this act, by carrying on or exercising in common any 
 labour, trade or handicraft or several labours, trades or handicrafts, — 
 except the working of mines, minerals or quarries, beyond the limits of 
 the United Kingdom of Great Britain and Ireland, and also except the 
 business of banking, whether in the said United Kingdom or else- 
 where ; — and this act shall apply to all societies already established for 
 any of the purposes herein mentioned, so soon as they shall conform 
 to the provisions hereof." 
 
 Rules of Societies.'] Id. s. 2 enacts, what the rules of any such 
 society shall provide. 
 
 'What Provisions of Friendly Societies Acts apply to them.] By 
 15 & 16 Vict. c. 31, s. 8, the laws relating to iriendly societies are to 
 be applicable except as varied by this act, or certified by the Registrar 
 of Friendly Societies to be inapplicable, but no such society is to be 
 within the provisions of the Joint Stock Companies Act, 7 & 8 Vict, 
 c. 110. Sect. 7 provides that it shall not be incumbent on the trea- 
 surer to invest the funds as required by the laws relating to friendly 
 societies, nor shall a society be allowed to invest with the National 
 Debt Commissioners. 17 & 18 Vict. c. 25, h. 10, provides, that the 
 provisions of the laws relating to friendly societies incapacitating 
 trustees from suing, until they shall have made to the registrar a 
 financial statement of society's affairs, are not to apply to these societies. 
 15 & 16 Viet. c. 31, s. 10, provides, that annual returns of the funds 
 and effects of the societies are to be transmitted to the Registrar of 
 Friendly Societies, as required in relation to these latter societies. 
 Sect. 12 provides, that no provisions of Friendly Societies Acts, giving 
 such societies priority over other creditors as to estate of officers and 
 exemption from stamp duties in certain cases, are to apply to societies 
 constituted under 15 & 16 Vict. c. 31. By the Friendly Societies 
 Act, 18 & 19 Vict. c. 63, s. 48, it is provided, that " all the provisions 
 
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CHAF, II.] Industrial and Provident Societies. 855 
 
 of this act shall apply to all societies constituted under the Industrial 
 and Provident Societies Act, 1852, in the same manner as the laws in 
 force relating to friendly societies at the date of the passing of the 
 said Industrial and Provident Societies Act, 1852, are by the said 
 last-mentioned act directed to apply to societies constituted thereunder ; 
 and the limitation hereinbefore contained of the amount of annuities 
 a:id sums payable on the death of any person, or on any other con- 
 tingency, in the case of societies established under this act, shall apply 
 to all societies constituted under the said Industrial and Provident 
 Societies Act, 1852" 1. 
 
 Interest and Liabilities of Memhers and Societies.'] 15 & 16 Vict, 
 c. 31, s. 3, enacts, that the interest of members shall not be transfer- 
 able. Sect. 9 provides, that no society shall be entitled to the benefit 
 of this act, whereof the rules shall not provide that the amount of the 
 interest of any member, otherwise than by way of annuity, shall be 
 restricted to a fixed sum, not exceeding 100?., exclusive of any annuity, 
 which is not to exceed 30/. per annum. Sect. 11 enacts, that the act 
 shall not restrict the liability of the members to the lawful debts, &c. 
 of the society ; but no person is to be liable thereto after the expi- 
 ration of two years from his ceasing to be a member. 
 
 Officer to sue and he sued for Societies.'] 17 & 18 Vict. c. 25, s. 1, 
 provides, that suits are to be carried on in the name of one of the 
 officers of the societies, to be from time to time appointed for the 
 purpose ; he may be removed by the society, and the names, &c. 
 returned to the registrar of friendly societies (s. 2j ; and a certified 
 copy of such return to be evidence (s. 3). By s. 4, proceedings com- 
 menced in the name of such ofiicer are not to be abated by his death, 
 &c., nor by change of a member of the society. Sects. 5, 7, 9, pro- 
 vides respectively, as to the effect of judgments, &c. against the 
 society, for the service of process on them, and as to pending suits. 
 By the 19 & 20 Vict. c. 40, s. 1, the 17 & 18 Vict. c. 25, is to apply 
 to all societies constituted or to be constituted under the 15 & 16 Vict, 
 c. 31. By s. 2, the time fixed by the 17 & 18 Vict. c. 25, for appoint- 
 ment of the officer to sue and be sued is extended. By s. 3, certain 
 appointments of such oflScer made by trustees of such societies are 
 
 1 The date of the passing of the Industrial and Provident Societies Act, 
 1852 (15 & 16 Vict. c. 31), was the 30th June, 1852, and the principal act 
 then in force relating to friendly societies was the 13 & 14 Vict. c. 115. 
 The provisions of the friendly societies laws excepted by the 15 & 16 Vict, 
 c. 31, and 17 & 18 Vict. c. 25, or the analogous provisions in the new 
 Friendly Societies Act, 18 & 19 Viot. c. 63, will, by the terms of the above 
 enactment, still have no operation on industrial and provident societies. 
 The limitation alluded to is contained in s. 9 of the 18 & 19 Vict c. 63, 
 which provides " that no member shall subscribe or contract for an annuity 
 exceeding Zdl. per annum, or a sum payable on death, or any other con- 
 tingency, exceeding 200i." 
 
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856 As to Matters to be done in Petty Sessions, [part hi. 
 
 confirmed, and by s. 4, the right of removal given to the society by 
 the 17 & 18 Vict. c. 25, s. 2, is to apply to any such officer appointed 
 by trustees of the society. 
 
 Bankruptcy of Officers or Members.] By 15 & 16 Vict. c. 31, 
 s. 4, members becoming bankrupt or insolvent are to be taken to have 
 withdrawn from the society ; and the 17 & 18 Vict. c. 25, s. 6, pro- 
 vides that the bankruptcy, &c. of any officer or member of the society 
 is not to affect the liability of the society. 
 
 Arbitration on Disputes between Societies and Members.'] 15 & 16 
 Vict. e. 31, 6. 5, providers that awards of arbitrators may be enforced 
 by county courts, where sum, &c. in dispute is within its jurisdiction : 
 where it exceeds such jurisdiction, then to be submitted to superior 
 
 courts 2- 
 
 Dissolution of Societies.] See 13th article of 15 & 16 Vict. c. 31, 
 s. 2, and 17 & 18 Vict. c. 25, s. 8. 
 
 II. Jurisdiction of Justices. 
 The only enactments which relate to magisterial duties are those 
 provisions of the Friendly Societies Acts in force at the time of the 
 passing of the 15 & 16 Vict. c. 31 (see Note 1, ante, p. 855), which 
 relate to the punishment of fraud by members and others on sum- 
 mary conviction (Vide ante, p. 346). 
 
 INDUSTRIAL SCHOOLS. 
 20 & 21 Vict. The only act at present on this subject is the " Industrial Schools 
 C.48. Act, 1857" (s. 1), 20 & 21 Vict. c. 48, and by which oflFenders above 
 
 7 and under 14 years of age committing any act of vagrancy may, 
 without being previously imprisoned for the offence, be sent by two 
 justices to a certified industrial school, or released on an assurance 
 from the parent for the future good behaviour of the child. The child 
 cannot, however, be sent unless the managers are willing to receive 
 him. The act also contains provisions for compelling the parents of 
 such children to contribute, according to their ability, to the cost of 
 their maintenance in the school. 
 
 2 The 12th article of s. 2 of 15 & 16 Vict. u. 31 (which enacts what the 
 rules shall provide) is "for referring to arbitration all disputes which may 
 arise between any member of the society and the trustees, treasurer, 
 manager, committee or officers of the same, or any of them." Arbitration, 
 therefore, seems the only mode of proceeding for settling disputes between 
 these societies and, their members ; but the acts are silent as to providing 
 for the disposal of disputes in which no arbitrator has been appointed, or 
 reference has taken place according to the rules. It will depend, however, 
 on the rules as certified by the registrar under s. 8, whether justices are the 
 arbitrators in these cases. 
 
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857 
 
 CHAP. II.] Industrial Schools. 
 
 The following are the provisions of the act arranged under practical 20 & 21 ^"=*' 
 heads:— 
 
 I. The certifying of Schools, S^c, infra. 
 II. When a Child can be sent to, and how detained in a 
 School, p. 858. 
 
 III. Security for good Behaviour of Child, p. 862. 
 
 IV. Removal from one School to another, p. 863. 
 V. Discharge from School, p. 863. 
 
 VI. Enforcing Contributions from Parents, p. 863. 
 VII. Offences in respect to Schools, and Evidence, p. 865. 
 VIII. Pauper Children, p. 865. 
 
 I. Tfie certifying of Schools, ij-c. 
 
 Sect. 3. " The committee of her Majesty's privy council on educa- 
 tion may, upon the application of the managers of any school in 
 which industrial training is provided, and in which children are fed as 
 well as taught, direct such person as they may appoint to examine and 
 report to them upon its condition and regulations, and, if satisfied 
 therewith, may grant a certificate under the hand of the president of 
 her Majesty's privy council or of the vice-president of the said com- 
 mittee thereof, and thenceforth the school shall be a certified industrial 
 school within the meaning of this act ; — provided always, that no 
 school shall be certified both under this act and under the act of the 
 seventeenth and eighteenth Victoria, chapter eighty-six" [i. e. the 
 Reformatory Schools Act, ante, p. 157]. 
 
 Sect. 23. " Whenever the committee of her Majesty's privy council 
 on education shall at any time grant a certificate under this act to 
 any industrial school, they shall within one calendar month cause a 
 notice thereof to be published in the London Gazette, — and such pub- 
 lication shall be a sufiicient evidence of the fact of such industrial 
 school having been certified to justify any justices to commit any child 
 thereto, subject to the provisions of this actl; — and whenever the 
 committee shall withdraw the certificate granted to any industrial 
 school, they shall within one calendar month give notice of such with- 
 drawal in the said Gazette." 
 
 Sect. 4. "The said committee shall direct a report of the condition 
 and regulations of every certified industrial school to be made to 
 them at least once in each year by such person as they may appoint ; — 
 and if upon his report the committee is dissatisfied with the condition 
 or regulations of the school, they may withdraw their certificate, — 
 
 1 By s. 22, post, p. 865, it is provided, that "the production of an attested 
 copy of the certificate shall be suflRcient evidence . . whenever it shall be 
 necessary to prove that any industrial school is duly certified or sanctioned 
 under this act." 
 
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858 As to Matters to be done in Petti/ Sessions, [part hi. 
 
 20 & 21 Vict, and, upon notice in writing of such withdrawal having been given to 
 e-iS. the managers thereof, the school shall cease to be a certified industrial 
 
 school from such time as shall be specified in the notice." 
 
 Sect. 10. " In every industrial school a book shall be kept by the 
 managers, to which access shall be had at all reasonable hours, in 
 which the religious denomination of the child when admitted to the 
 industrial school shall be entered ; —and it shall be lawful, upon the 
 representation of the parent, or in case of an orphan, then of the 
 guardian or nearest adult relative, of any inmate placed in such in- 
 dustrial school under the provisions of this act, for a minister of the 
 religious persuasion of the inmate of such industrial school, at certain 
 fixed hours of the day, which shall be fixed by the managers for the 
 purpose, to visit such schools for the purpose of afibrding religions 
 assistance to such inmate, and also for the purpose of instructing such 
 inmate in the principles of his religion." 
 
 II. When a Child can be sent to, and how detained in a School. 
 Sect. 5. " When any child 2 is taken into custody on a charge of 
 vagrancy under any local or general act 3, the justices 4, on receiving 
 satisfactory proof in support of such charge, may, if the parent 5. 
 or in case of an orphan, if the guardian or nearest adult relative, of 
 the child cannot at once be found, and provided there be any certified 
 industrial school, the managers 6 of which are willing to receive him, 
 order the child to be sent to such industrial school for any period not 
 exceeding one week, and shall direct due inquiries to be made, and 
 notice (Form A.) to be given to the parent or guardian or nearest 
 adult relative of the child, if any can be found, or to the persons with 
 whom the child is or was last known to have been residing, of the 
 circumstances under which the child has been taken into custody, and 
 that the matter will be inquired into at the time and place mentioned 
 in the notice" 7- 
 
 2 The expression " child" is, by s. 2, to " include any boy or girl who 
 in the opinion of the justices is above the age of seven and under the age of 
 fourteen." 
 
 3 The general act here referred to is the 5 Geo. 4, c. 83. See title 
 "Vagrants," ante, pp. 526 — 536. 
 
 4 The word "justices" is, by s. 2, to "include two or more justices of 
 the peace acting together," and also any person who, by the act 11 & 12 
 Vict. c. 43, ss. 33, 34, is authorized to do alone whatsoever is authorized by 
 that act to be done by any two or more justices of the peace" (i. e. metro- 
 politan police and stipendiary magistrates, and the city justices). 
 
 5 The word "parent" is, by s. 2, to " include any person legally liable 
 to maintain a child, and also any person upon whom an order for affiliation 
 has been made and not quashed." 
 
 6 The word " managers" is, by s. 2, to " include the directors, managers 
 or other persons who shall have the management or control of anv certified 
 industrial school." 
 
 7 By s. 20, " the leaving of any summons or notice or order authorized 
 
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CHAP. II.] Industrial Schools. 859 
 
 The form A. is as follows : — 20 & 2 1 Vict. 
 
 c. 48. 
 
 To C. B., of the parish of , in the [county] of . 
 
 I hereby give you notice, pursuant to section 5 of the " Industrial Schools 
 
 Act, 1857," that a child named A. B., apparently about years of age, 
 
 the son of [or who has been residing with] you the said C. B., has been 
 
 talten into custody for having been on the day of , in the parish 
 
 of , in the said \county'] of , found [in the words (jfthe local or general 
 
 act'], and that the matter will be inquired into on , the day of 
 
 -! — J at o'clock in the forenoon, at , before such j ustices of the said 
 
 peace ifor the said [county] as may then be there, who may make such order 
 on you the said C. B., to be dealt with according to the said act, as they may 
 
 think fit ; the said A. B. is in the meantime detained in the at , 
 
 by the order of a justice of the peace. 
 
 Dated this day of , 185—. 
 
 M. N., constable, inspector or superintendent 
 of police of . 
 
 Sect. 6. " At the time and place mentioned in the notice any jus- 
 tices may make full inquiry into the matter, and may, if they shall 
 think fit, order the child to be discharged altogether,— or if the parent 
 (or, where the child is an orphan, then the guardian or nearest adult 
 relative), be found, may, on conviction of such child on such charge 
 as ^foresaid, deliver him up to his parent (or where the child is an 
 orphan, to the guardian or nearest adult relative as aforesaid), on his 
 giving an assurance in writing (Form B.) that he will be responsible 
 for the good behaviour of the child for any period not exceeding twelve 
 months, — and in default of such assurance being given may, by writing 
 under their hands and seals (Form C), order the child to be sent for 
 such period as they may think necessary for his education and training 
 to any certified industrial school, the managers of which are willing to 
 receive him : 8 — Provided, however, if within the county9 where the 
 child was taken into custody, or any adjoining county, there shall be 
 any certified industrial school conducted on the principles of the 
 religious persuasion to which the parent of the child in the opinion 
 of the justices shall belong, and the managers of such school shall be 
 willing to receive him, such child shall be sent to such last-men- 
 tioned school, and not to any other." 
 
 The forms B. and C. are as follows : — 
 
 " Whereas a child named A. B., the son of C. D., has been proved a (B.) 
 vagrant : I, C. D., hereby undertake to be responsible for the good be- 
 haviour of the said child for the period of months from the day of the 
 
 date thereof." 
 
 \ To the constable of and to the managers of the certified (C.) 
 
 to wit./ industrial school at : 
 
 Whereas a certain child named A. B., about years of age, was this 
 
 to be issued or made by any justices under this act, at the usual or last 
 known place of abode of the party to whom the same respectively is directed, 
 shall in every case be deemed a good and sufficient service thereof." 
 
 8 By s. 11, no child can be detained in the school beyond the age of fifteen 
 years against his consent. 
 
 9_The word "county" is, by s. 2, to "include any city, borough, riding 
 or division of a county having a separate commission of the peace." 
 Digitized by Microsoft® 
 
ggO As to Matters to he done in Petty Sessions [part hi. 
 
 20 & 21 Vict, day brought before us, two of her Majesty's justices of the peace for the 
 
 u48. [county-] oi , for that he, on the day of —, at -—, was found in 
 
 the act of vagrancy [or as the case may be m section S] : And whereas we 
 
 have made full inquiry into the matter, pursuant to the "Industrial Schools 
 Act 1857 " and no satisfactory assurance has been given for the luture 
 proper care and good behaviour of the said child : Now therefore we the 
 said justices do, pursuant to section 6 of the said act, order you the said con- 
 stable to take the said child, and him safely convey to the -—certified 
 
 industrial school at aforesaid, and there to deliver him, together with 
 
 this order: and we do hereby command you the said managers (it appear- 
 ing to us that you are willing to receive him therein) to receive the said 
 child into your charge in the said school, and there to detain, educate and 
 
 train him for the period of from the date hereof 
 
 Given under our hands and seals this day of , at , in the 
 
 [coMn*«/l aforesaid. , , ,. ,. -, 
 
 [Signatures and seals qf justices.] 
 
 Sect. 11. "A duplicate of the order under which any child is in 
 pursuance of this act ordered to be sent to a certified industrial school 
 shall be sent to the managers thereof, and shall be a sufladent warrant 
 for the detention of the child." 
 
 Sect. 7. " If the child, after such assurance as aforesaid being given, 
 be brought up again on a similar charge within the period for which 
 the parent, or in case of an orphan the guardian or nearest adult 
 relative, has become responsible for his good behaviour, the justices 
 may inflict a fine upon the parent or guardian or nearest adult 
 relative as aforesaid, hot exceeding forty shillings, should it be proved, 
 to the satisfaction of the justices, that the last-mentioned act of 
 vagrancy has taken place through the neglect of the parent." 10 
 
 Sect. 9. " If the parent, or in case of an orphan, if the guardian or 
 nearest adult relative, objects to the certified industrial school to which 
 the child has been sent or ordered to be sent, and proposes some other 
 certified industrial school, and proves that the managers of it are 
 willing to receive the child, and, if on any other than religious ground, 
 pays or finds good security to pay any expenses which may be in- 
 curred in consequence of his objection, any justice of the county where 
 the child was taken into custody shall order (Form D.) the child to be 
 sent to the certified industrial school proposed by the parent or 
 guardian or nearest adult relative as aforesaid." 
 
 The following is the form of order (D.) : — 
 
 To the managers of the certified industrial school at and to 
 
 the managers of the certified industrial school at : 
 
 Whereas a certain child named A. B., about years of age, was on 
 
 the day of , by the order of , two of her Majesty's justices of 
 
 the peace for the [county'] of , pursuant to the " Industrial Schools Act, 
 
 1857," taken to the certified industrial school at , there to be de- 
 tained for the period of from the said day of , and he is now 
 
 detained therein [if so] : and whereas C. B., according to the provisions of 
 the said act entitled to object, has objected to the said school, and has pro- 
 posed the certified industrial school at , and proved to me the 
 
 undersigned, one of her Majesty's justices of the peace for the [county] of 
 
 -, where the child was taken into custody, that the managers of the 
 
 certified industrial school at are willing to receive the said child, and 
 
 10 See the procedure, ante, p. 345. 
 Digitized by Microsoft® 
 
CHAP. II.] Industrial Schools, 861 
 
 the said C. D. has also complied with the other conditions of section 9 of 20 & 21 Vict, 
 the said act: These are therefore, pursuant to section 9 of the said act, to c. iS. 
 
 order you the said managers of the — — certified industrial school at " 
 
 to deliver up the said child forthwith to the certified industrial school 
 
 at ; and' you the said managers of the said last-mentioned school are 
 
 hereby required to receive the said child into your charge in the said school, 
 
 and there to detain, educate and train him for the period of from the 
 
 day of . 
 
 Given under my hand and seal this day of , at -, in the 
 
 Uoantyl aforesaid. 
 
 '■ J. S. (l.s.) 
 
 Sect. 14. " No person shall be detained in any certified industrial 
 school under this act beyond the age of fifteen years against his con- 
 sent." 
 
 Sect. 17. " The managers may, at their discretion, permit any child 
 to sleep or lodge at the dwelling of his parent, or of any trustworthy 
 and respectable person, and may also at their discretion, revoke such 
 permission ; — provided always, that they shall continue to board and 
 feed the child in all respects as if he were lodging in the certified in- 
 dustrial school." 
 
 Sect. 18. " If any child, whether lodging in the school or elsewhere, 
 before attaining the age of fifteen years, or being duly discharged, 
 wilfully absconds from the school H, or neglects his attendance thereat, 
 any justice of the county in which the certified industrial school is 
 situate, or in which the child is retaken, may, by writing under his 
 hand and seal, order him to be sent back to the school, and to be 
 detained there until he attains the age of fifteen years, or for such 
 shorter period as the justices think fit." 
 
 The following may be the form of the order, not being given in the 
 act: — 
 
 \ To the constable of , and to the managers of the certified 
 
 to wit / industrial school at : 
 
 Whereas a certain child named A. B., about years of age, was this 
 
 day brought before me, one of her Majesty's justices of the peace for the 
 
 [county] of , and it has been proved to me that the said child on the 
 
 day of , then being duly detained in the certified industrial 
 
 school at , in the said Icounty'], under a certain order of justices bearing 
 
 date the day of last, made pursuant to the " Industrial Schools 
 
 Act, 1857," did, before he had attained the age of fifteen years or been duly 
 
 discharged, wilfully abscond from the said school [and was retaken at , 
 
 in the said countyl '■ These are therefore, pursuant to section 18 of tKe said 
 act, to command you the said constable to take the said child and him safely 
 
 convey to the said certified industrial school at aforesaid, and there to 
 
 deliver him, together with this order; and I do hereby command you, the 
 said managers of the said school, to receive the said child into your charge 
 in the said school, and there to detain him until he shall attain the age of 
 fifteen years [or for the period of , commencing Irom the day of 
 
 Given under my hand and seal this day of , at , in the 
 
 [county'] aforesaid. 
 
 J. S. (l.s.) 
 
 11 By s. 19, ante, p. 344, a penalty is imposed of 22. on persons inducing 
 children to abscond firom the school, or harbomring them. 
 
 Digitized by Microsoft® 
 
gg2 As to Matters to he done in Petty Sessions, [part hi. 
 
 20 & 21 Vict III- Security for good Behaviour of Child. 
 
 ''•*^- See sect. 6, p. 859, and sect. 7, p. 860, applicable where the child has 
 
 not been sent to a school. The following sections apply where the child 
 has been sent to a school : — 
 
 Sect. 12. " On the application of the parent, or in case of an orphan 
 then of the guardian or nearest adult relative, or of the managers, any 
 justices of the county in which the school is situate, or of the county 
 where such parent resides, if satisfied that a suitable employment in 
 life has been provided for the child, or that there is otherwise sufficient 
 cause, may discharge (Form E.) the child from the certified industrial 
 school before the full expiration of the period for which he has been 
 sent there, or may order his removal from one certified industrial school 
 to another (Form F.), or may order him to be discharged altogether." 
 The following are the forms (E.) and (F.) : — 
 
 (E.) To the managers of the certified industrial school at : 
 
 Whereas a certain child named A. B., about years of age, was on 
 
 the day of , by the order of , two of her majesty's justices of 
 
 the peace for the county of , made pursuant to the " Industrial Schools 
 
 Act, 1857," taken to the certified industrial school at , there to 
 
 be detained for the period of from the said day of , and he is 
 
 now detained therein :* And whereas it appears to us, two of her Majesty's 
 
 justices of the peace for the [^couvty'] of , in which the school is situate 
 
 \^or in which the parent, or guardian or nearest adult relative of the said child 
 resides], that suitable employment in life has been provided for the said 
 child \_or there appears to us, &c. sufficient cause for the discharge of the 
 said child] : These are therefore, pursuant to section 12 of the said act, to 
 command you the said managers forthwith to discharge the said child and 
 
 to deliver him into the charge of , who brings this order. 
 
 Given under our hands and seals this day of , at , in the 
 
 \county'\ aforesaid. 
 
 [Signatures and seals of justices.^ 
 
 (^•) To the managers of the certified industrial school at , and to 
 
 the managers of the certified industrial school at : 
 
 [Proceed to the asterisk* in the form (E.), and then say'] : And whereas it 
 appears to us desirable that the said child should be removed from the said 
 
 certified industrial school to the said certified industrial school 
 
 (the managers of which said last- mentioned school being willing to receive 
 the said child therein): these are therefore, pursuant to section 12 of the 
 
 said act, to order you the said managers of the certified industrial school 
 
 a' to deliver up the said child forthwith to the certified industrial 
 
 school, or to any person authorized- by them to receive the child, at ; 
 
 and you the said managers of the said last-mentioned school are hereby 
 required to receive the said child into your charge in the said school, and 
 
 there to detam, educate and train him for the period of from the ^ — 
 
 day of . 
 
 Given under our hands and seals this day of , at in the 
 
 [county'] aforesaid. 
 
 [Justices' signatures and seals.] 
 
 Sect. 13. " On good security being at any time found by the parent 
 or by any other person, any justices of the county in which the cer- 
 tified industrial school to which the child has been sent Is situate, or of 
 the county where such parent resides, shall order (Form G.) the child 
 
 Digitized by Microsoft® 
 
CHAP. II.] Industrial Sc/iools. 863 
 
 to be discharged therefrom ; provided always, that the security shall 20 & 21 Vict, 
 be in such amount as the justices determine, or may be rejected by '^' 
 
 them altogether, on its being proved to theix- satisfaction that security 
 for the child has at any time and under any circumstances been pre- 
 viously rejected or forfeited." 
 The following is the form (G.) : — 
 
 [Proceed to the asterislt* in the form (E.), and then say :'\ And whereas 
 good security has been found before us, two of her majesty's justices of the 
 
 peace for the [county'] of , in which the school is situate [or in which 
 
 the parent or guardian or nearest adult relative of the said child resides], for 
 the future good behaviour of the said child* : These are therefore, pursuant 
 to sect 13 of the said act, to command you, the said managers, forthwith to 
 
 discharge the said child, and to deliver him into the chai-ge of , who 
 
 brings this order. 
 
 Given under our hands and seals this day of , at , in the 
 
 [county'] aforesaid. 
 
 [Signatures and seals qf justices,] 
 
 IV. Semovalfrom one School to another. 
 See s. 9, ante, p. 860, where the parent objects to the school to 
 which his child has been first sent. Sect. 12, ante, p. 862, where a 
 suitable employment in life has been provided for the child. 
 
 V. Discharge from Industrial School. 
 
 The child cannot be detained, without hia consent, after the age of 
 fifteen (s. 14, ante, p. 861). 
 
 By s. 12, ante, p. 862, the child may be discharged if a suitable 
 employment in life has been provided for him. By s. 13 and Form G., 
 supra, he may be discharged on good security being given for his 
 future good behaviour. 
 
 VI. Enforcing Contributions from Parents. 
 Sect. 15. "Any justices of the county in which the certified in- 
 dustrial school to which the child has been sent is situate, or in which 
 tlie parent is residing, may, upon the complaint of the managers, 
 summon the parent, 12 and examine into his circumstances, and in 
 their discretion may order him (Form H.) to pay to such managers, or 
 to any person authorized by them from time to time to receive it, a 
 weekly sum not exceeding three shillings, until the child attains the age 
 of fifteen years, or is lawfully discharged ; — and on default of payment 
 for the space of fourteen days the like proceedings may be taken for 
 enforcing and recovering the same as are hereinafter provided for the 
 enforcing and recovering of any penalty or forfeiture imposed by this 
 act. 13 
 
 12 For the mode of service of the summons, see Note 1, ante, p. 858. 
 
 13 The words "hereinafter provided" refer to the mode indicated in 
 s. 19 by the words "in manner provided by the act 11 & 12 Vict. c. 43," 
 i. e. by distress, s. 19, ante, p. 175, and in default imprisonment for not ex- 
 ceeding three calendar months, s. 22, ante, p. 179. 
 
 Digitized by Microsoft® 
 
864 As to Matters to be done in Petty Sessions, [part hi. 
 
 20 & 21 Vict. The following is the form of the order (H.) : — 
 
 "• To C. B., of , in the [county'\ of , [carpenter] : 
 
 Be it remembered, that on this day of , in the year of our Lord 
 
 ]85 — , at , in the [county] of , a certain complaint of E. F., one of 
 
 the managers of the certified industrial school at , made under 
 
 section 15 of the " Industrial School Act, 1857," for that by a certain order 
 
 of justices bearing date the day of , a certain child named A. B., 
 
 of the age of years, was sent to and is now detained in the said cer- 
 tified industrial school pursuant to the said act, and that the said child is 
 the son of the said C. B. [or was, at the time of his removal to the said 
 school, residing with the said C. B.], was duly heard by and before us, the 
 undersigned two of her Majesty's justices of the peace in and for the said 
 
 [county] of (wherein the said school is situate, or wherein the said C. B. 
 
 is residing), in the presence and hearing of the said C. B. [if so, or the said 
 C. B. not appearing to the summons duly issued and served in this behalf] ; 
 and we, having duly examined into the circumstances of the said C. B., do, 
 pursuant to section 15 of the said act, order the said C. B., weekly and every 
 
 week from the day of , to pay to the managers of the said certified 
 
 industrial school, or to such person as the said managers may from time to 
 time authorize to receive the same, the sum of shillings for the main- 
 tenance, clothing, education, care and training of the said child, until the 
 said child shall attain the age of fifteen years, or shall be lawfully dis- 
 charged from the said school. 
 
 Given under our hands and seals this day of , at , in the 
 
 [county] aforesaid. 
 
 [Justices^ signatures and seals.] 
 
 Sect. 16. " The parent or the managers may at any time apply to 
 any justices of the county in which the certified industrial school is 
 situate, or in which the parent is residing, for an order to diminish the 
 amount of the weekly sum payable by the parent, or to increase it to 
 an amount not exceeding three shillings per week ; — and the justices, 
 on proof that the parent or the managers have given to each other (as 
 the case may be) not less than one week's notice in writing of the 
 intended application, and of the time and place of hearing the same, 
 shall make full inquiry into the matter, and may diminish or increase 
 the amount of the weekly sum payable by the parent, as they think 
 fit, or may release him from such payment altogether (Forms I. 
 and K.)", 
 
 The following are the forms (I.) and (K.) :— 
 
 ^ ' To C. B., of , and to the managers of the certified industrial 
 
 school at : 
 
 Whereas by a certain order of [us, the undersigned, if so,] two of her 
 
 Majesty's justices of the peace for the [county] of , made on the 
 
 day of , pursuant to section 15 of the " Industrial Schools Act, 1857," 
 
 Lwe,] the said justices, ordered that you, the said C. B., should weekly and 
 
 every week pay to the managers of the said school the sum of , for the 
 
 maintenance, clothing, education, care and training of a certain child named 
 A. B. (who IS the son of [or who had been residing with] you the said C. B.), 
 and who had been theretofore duly sent to and was then and now is detained 
 in the said certified industrial school for the period therein mentioned:* 
 JNow, therefore, we the said justices, seeing cause to diminish [or increase] 
 the amount of the said weekly payment, do order, pursuant to section 16 of 
 ttie said act, that the said weekly payment to be made by you the said C. B. 
 
 to you the said managers shall from the day of—-, be the sum of 
 
 per week and no more. 
 
 [cf»S] Tforeir '"'' ""' "^'^' *" — •'^y "'—• ^' — • '" *•■ 
 Digitized by Microsoft® [Justices' signatures and seals.] 
 
CHAP. II.] Industrial Schools, 865 
 
 [Proceed as in. Form (I.) to the asterisk,* and then say ;] Now therefore we 20 & 21 Vict 
 the said justices, seeirg cause to release the said C. B. from the said weekly c, 48. 
 
 payment altogether, do order, pursuant to section 16 of the said act, that ~" 
 
 you the said C. B. shall be released altogether frotn the payment of the (K.) 
 
 aforesaid weekly sum to the gai^ managers from the day of . 
 
 Given under our hands and seals this day of , at , in the 
 
 [comity] aforesaid. 
 
 VII. Offences in respect to Schooh and Evidence- 
 It \plll be seen at pp. 344, 345, title " Industrial Schools," that the 
 following penalties are imposed by the act : — 
 
 By 5. 7, not exceeding 40s., on tiie parent neglecting his child after 
 giving an assurance for his future good behaviour. 
 
 By s. 19, not exceeding 21. on persons inducing children to abscond 
 ^rora industrial scliools, or harbouring them. 
 
 Eviderice.2 Sect. 22. " Whenever it shall be necessary to prove 
 that any industrial school is duly certified or sanctioned under this 
 act, the production of an attested copy of the certificate shall be sufii- 
 cient evidence thereof ;— and the production of an original duplicate 
 of the order under which any child has been sent to or is detained in 
 any certified industrial school under this act, or a copy of such order 
 ■with a memorandum signed by the manager or superintendent, or 
 master or matron of any such school, that the young person named in 
 such order was duly received into and is at the signing thereof detained 
 in such school, or has been otherwise disposed of according to law, — 
 and the production of an original duplicate of any order made upon the 
 parent under this act, or a copy thereof certified by the clerk to the 
 justices making the same to be a correct copy, — shall in all proceedings 
 whatsoever be sufiicient evidence of the due making and signing of all 
 pr any of such orders, memorandum and certificate respectively, and 
 of the sending, detention and identity of the child or parent named in 
 such orders respectively, without proof of the signatures or official 
 characters of the justices or other persons appearing to have signed the 
 same respectively." (See s. 23, also ante, p. 857, as to publication of 
 certificate.) 
 
 VIII. Pauper Children. 
 
 The act does not except pauper children from its operation; but it 
 contains the following provisions as to such children. 
 
 Sect. 8. " The time during which any child shall be lodged in any 
 certified industrial school under this act shall, for all the purposes of 
 the act of the ninth and tenth years of the reign of her present majesty, 
 chapter sixty-six, and of every act incorporated therewith, be excluded 
 in the computation of the time therein mentioned." 14 
 
 14 The act 9 & 10 Vict. c. 66, here referred to, is the act which prohibits 
 poor persons from being removed to their places of settlement, if they have 
 resided five years in the place to which they are chargeable. 
 
 O.S. 3 K 
 
 Digitized by Microsoft® 
 
ggg As to Matters to be done in Petty Sessions, [part hi. 
 
 20 & 21 Vict. Sect. 21. "The guardians of any union or any parish wherein the 
 
 c. 48. relief to the poor is adraiDistered by a board of guardians may, if they 
 
 deem proper, with consent of the poor law board, contract with the 
 
 managers of any certified industrial school for the maintenance and 
 
 education of any pauper child." 
 
 LANDLORD AND TENANT. 
 1 & 2 Vict. Recovering Possession of Tenements not exceeding £20 a Year 
 
 li. 74. Rent."] By s. 1, when and so soon as the term or interest of the tenant 
 
 of any house, land or other corporeal hereditaments, held by him at 
 will or for any term not exceeding seven years, either without being 
 liable to the payment of any rent, or at a rent not exceeding the rate 
 of £20 a year [even where the annucd value exceeds that sum, see 
 Earl of Harrington v. Bamsey, 22 L. J. (N. S.), Q. B..460; Id. 
 Exch. 326; 17 J. P. 822, decided under the County Court Act], 
 and upon which no fine shall have been reserved or made payable, 
 shall have ended, or shall have been duly determined by a legal 
 notice to quit or otherwise, and such tenant or person occupying the 
 same shall neglect or refuse to quit and deliver up possession, the 
 landlord, or his agent, must serve a notice [either personally, or 
 on some person, or posted on the premises (s. 2), and describing in 
 the notice that the person giving it is "the owner" or "agent for 
 the owner," Delany v. Fox, 21 J. P. 197] of his intention to apply 
 for a justices' warrant to recover possession. The landlord, or his 
 agent, should then prefer the complaint to two justices acting for 
 the district wherein the premises are situate, attaching to it a dupli- 
 cate of the notice, and giving evidence of the holding and of the end 
 or determination of the tenancy, &c., when the justices, or any two of 
 them, may thereupon issue a warrant under their hands and seals to the 
 constable, commanding them " within a period to be therein named, 
 not less than twenty-one, nor more than thirty clear days from the date 
 of such warrant," to enter (by force, if needful) into the premises, and 
 give possession of the same to the landlord or agent (s. 1) 1. Execu- 
 tion of warrant to be stayed if tenant enters into a bond to appeal 
 (s. 4). Justices and constables protected (s. 5). Possession may be 
 recovered in the county court where the rent does not exceed £oO a 
 year (County Court Amendment Act, 19 & 20 Vict. c. 108, s. 50); 
 and it has been said that the jurisdiction of justices under 1 & 2 Vict. 
 c. 74, is taken away by the first County Court Act (see s. 6 of 9 & 10 
 Vict, c. 95, and 1 1 J. P. 237, 524) 2 : but the opinion of Sir F. Thesiger 
 
 r.nni' K^ doubtful whether the meaning of the act is, that the warrant 
 
 ■ tW f, T*""'^'' ^^^"'^ "'^ expiration of 21 days or after 30 days, -or 
 
 h ,t ,hJ"? . 'i'^'^'^"'''' «' a'-'y '""e within 21 days, but not after 30 days ;- 
 
 sunrn.^^1 "'''^ *"™ "' "'"'^"' ^^^^'^ " l^ormuiist," 2nd ed. p. 457), 
 supports this latter view. r • n 
 
 arp^tw!^^ ^ ^^ ^''''- "■ '°* "^ "°' contrary to the 1 & 2 Vict. c. 74, nor 
 first Cm,n4"r ^^TT^ neg^tiye. words in the 19 & 20 Vict. c. 108, or the 
 first County Court Act, 9 & 10 Vict.^ 95, s. 122, and therefore the new 
 Digitized by Microsoft® 
 
CHAP. II.] Landlord and Tenant — Lands Clauses Act. 867 
 
 and Mr. Gray was that it is not (11 J. P. 335, 383) ; consequently, 1 & 2 Vict, 
 the proceedings where the rent is under £20 per annum may he taken "■ '^'^- 
 
 under either act (Forms Nos. 1—3, p. 456, Oke's " Foi-mu'ist," 2nd 
 edit.) No costs can be ordered under the act, and the 11 & 12 Vict, 
 c. 43, s. 18, ante, p. 148, does not apply. 
 
 Giving Possession of Deserted Premises.'] Vide the statutes in the llGeo.2,c. 19| 
 margin. Forms Nos. 4—6, pp. 457, 458, Oke's " Fwmulist," 2nd and 57 Geo. 3, 
 edit. An order of restitution may be made notwithstanding a judg- 
 ment obtained in the county court for the identical rent in arrear {In 
 re Emmeit, 14 J. P. 530, 717). In London, see 3 & 4 Vict. c. 84, 
 s. 13. 
 
 Fraudulent PemovaL] Goods may he seized within thirty days after 11 Geo. 2, c. 19. 
 rent due and removal, oath being first made to a justice having juris- 
 diction before entering a dwellinghouse by force to seize them (ss. 1, 
 2, 7). It is usual to take a complaint in writing, and to grant a war- 
 rant to aid and assist (Forms Nos. 7 and 8, pp. 458, 459, Oke's "For- 
 mulist," 2nd edit.) ; but the right to do the latter is very questionable 
 (see 9 J. P. 819). 
 
 LANDS CLAUSES ACTl. 
 Appointment of Surveyor, ^c] The compensation to absent parties 8 & 9 Vict, 
 for lands taken is to be determined by a surveyor nominated by two <=. 18. 
 justices (s. 68) ; and upon application by the promoters of the under- 
 taking to two justices, and upon such proof as shall be satisfactory to 
 them that any such party is, by reason of absence from the kingdom, 
 prevented from treating, or cannot after diligent inquiry be found, or 
 tliat any such party failed to appear on the inquiry before a jury, 
 such justices are, by writing under their bands, to nominate an able 
 practical surveyor for determining such compensation (s. 59). The 
 
 jurisdiction given to the county courts does not repeal the 1 & 2 Vict. c. 74, 
 so as to take away the jurisdiction of justices, but both statutes have a con- 
 current jurisdiction up to 201. (see 1 Steph. Com. 2nd ed. pp. 77, 78 ; 3rd ed. 
 p. 78). The act 1 & 2 Vict. c. 74, is expressly recognized as still in 
 force by the 15 & 16 Vict. c. 79, s. 13, title " Ivclosures," ante, p. 853. 
 
 1 This act of 8 & 9 Vict. c. 18 is " The Lands Clauses Consolidation 
 Act, 1845," which applies to "every undertaking authorized by any act 
 which shall thereafter [8th May, 1845] be passed, and which shall authorize 
 the purchase or taking of lands for such undertaking, and this act shall be 
 incorporated with such act" fs. 1). By s. 3, the word "justices" shall mean 
 justices of the peace acting for the county, &c. where the matter requiring 
 the cognizance of any such justice shall arise, and who shall not be interested 
 in the matter ; and where such matter shall arise in respect of lands being 
 ihe property of one and the same party, situate not wholly in any one 
 county, &c., the same shall mean a justice acting for the county, &c. where 
 any part of such lands shall be situate, and who shall not be interested in 
 such matter ; and where any matter shall be authorized or required to be 
 done by two justices, the expression " two justices" shall be undirstood to 
 mean two justices assembled and acting together. This act is incorporated 
 with the Railways Clauses Act, 8 & 9 Vict. c. 20, for certain purposes (see 
 «. 6). 
 
 3 K 2 
 
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868 As to Matters to be done in Petty Sessions, [part hi. 
 
 8 & 9 Vict surveyor is to make a declaration before acting faithfully to execute 
 "• 1^- the duty of valuing (s. 60), and this may be done before any justice 
 
 anywhere (Davis v. South Staffordshire Railway Company, 15 J. P. 
 787). 
 
 Two justices may appoint a third surveyor to value lands purchased 
 from parties under disability if the two surveyors nominated by the 
 parties cannot agree in the valuation (s. 9). Vide Form, Oke's "For- 
 mulist," 2nd edit. p. 527, No. 3. 
 
 The like, previous to entry of promoters before purchase on making 
 deposit and giviug bond, the sureties being approved by the justices 
 (s. 85). 
 
 Apportionment of Rents.'] Two justices to settle apportionment of 
 copyhold rents on lands required to be taken, if the owner of the lands, 
 the lord of the manor and the promoters cannot agree (s. 98). 
 
 The like of rent services, rent charges, &c. (s. 116). 
 
 The like, rent of lands subject to leases (s. 119). 
 
 Certificate of Capital.] By s. 16 the capital is to be subscribed 
 under contract before compulsory powers of purchase put in force ; 
 and by s. 17, "a certificate under the hands of two justices, certifying 
 that the whole of the prescribed sum has been subscribed, shall be suf- 
 ficient thereof, and on the application of the promoters of the under- 
 taking, and the production of such evidence as such justices think 
 proper and sufficient, such justices shall grant such certificate accord- 
 ingly." Vide Form, Oke's " Formulist," 2nd edit. p. 527, No. 2. 
 
 Disputes as to Compensation for Lands not exceeding £50, or under 
 Yearly Tenancies.'] By s. 21, "if for twenty-one days after the service 
 of such notice [i. e. notice to owners and occupiers of intention to take 
 lands, ss. 18, 19, 20], any such party shall fail to state the particulars of 
 his claim in respect of any such land, or to treat with the promoters of 
 the undertaking in respect thereof, or if such party and the promoters 
 of the undertaking shall not agree as to the amount of the compensation 
 to be paid by the promoters of the undertaking for the interest in such 
 lands belonging to such party, or which he is by this or the special 
 act enabled to sell, or for any damage that may be sustained by him 
 by reason of the execution of the works, the amount of such compen- 
 sation shall be settled in the manner hereinafter provided for settling 
 cases of disputed compensation." By s. 22, " if no agreement be come 
 to between the promoters of the undertaking and the owners of or 
 parties by this act enabled to sell and convey or release any lands 
 taken or required for or injuriously affected by the execution of the 
 undertaking, or any interest in such lands, as to the value of such 
 lands or of any interest therein, or as to the compensation to be made 
 in respect thereof, and if in any such case the compensation claimed 
 shall not exceed fifty pounds 2, the same shall be settled by twojus- 
 
 2 If the compensation claimed exceeds 501., it is to be settled by arbitra- 
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CHAP. 11.] Lands Clauses Act. 8fi 
 
 tices." By s. 121, "if any such lands shall be in the possession of 8 & 9 Viet 
 
 any person having no greater interest therein than as tenant for a 
 year or from year to year, and if such person be required to give up 
 possession of any lands so occupied by him before the expiration of his 
 term or interest therein, he shall be entitled to compensation for the 
 value of his unexpired term or interest in such lands, and for any just 
 allowance which ought to be made to him by an incoming tenant, and 
 for any loss or injury he may sustain, or if a part only of such lands be 
 required, compensation for the damage done to him in his tenancy by 
 severing the lands held by him, or otherwise injuriously affecting the 
 same ; — and the amount of such compensation shall be determined by 
 two justices, in case the parties differ about the same ; — and upon 
 payment or tender of the amount of such compensation, all such per- 
 sons shall respectively deliver up to the promoters of the undertaking, 
 or to the person appointed by them to take possession thereof, any such 
 lands in their possession required for the purposes of the special act." 
 By s. 24, "it shall be lawful for any justice, upon the application 
 [made within six calendar months, 11 & 12 Vict. c. 43, s. 11, ante, 
 ■p. 95 ; Iteg. v. Leeds ^ Bradford Railway Company, re Edmondwn, 
 21 L. J. (N. S.) M. C. 193 ; 15 J. P. 674 ; 16 J. P. 631 ; specially 
 noticed ante, p. 92] of either party with respect to any question of 
 disputed compensation by this or the special act, or any act incorpo- 
 rated therewith, authorized to be settled by two justices, to summon 
 the other party to appear before two justices, at a time to be named in 
 the summons, and upon the appearance of such parties, or in the 
 absence of any of them, upon proof of due service of the summons, it 
 shall be lawful for such justices to hear and determine [by order, Seg. 
 V. Leeds ^ Bradford Railway Company, supra] such question, and 
 for that purpose to examine such parties or any of them, and their 
 witnesses, upon oath, and the costs of every such inquiry shall be in 
 ■the discretion of such justices, and they shall settle the amount thereof." 
 The recovery of the amount is not provided for in the act of 8 & 9 
 Vict. c. 18 ; but as respects railways, s. 6 of " The Railways Clauses 
 Consolidation Act, 184.5," 8 & 9 Vict. c. 20, enacts, that all the pro- 
 visions of the 8 & 9 Vict. c. 18, shall be applicable to determining the 
 amount of any such compensation, and to enforcing the payment or 
 other satisfaction thereof (and see S..44). By s. 140 of the 8 & 9 Vict, 
 c. 20, the amount so ascertained may be recovered by distress of the 
 goods of the company or other party liable ; and by s. 141, if suffi- 
 cient goods of the company cannot be found, the amount, if not ex- 
 ceeding £20, may be recovered by distress of the goods of the trea- 
 surer of the company. 
 
 lion or a jury, at the option of the party claiming the compensation (ss. 23, 
 25 — 37) i and ;by s. 33 the arbitrator or umpire is to make a declaration 
 before' acting, and which may be done before any justice anywhere (^Davis v. 
 South Staffordshire Railway Company, 15 J. P. 787). 
 
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 c. 18. 
 
g70 As to Matters to be done in Petty Sessions, [part hi. 
 
 8 & 9 Vict. Costs ofBefasal to give Possession of Land.] By s. 91, a justice may 
 
 c. 18'. grant a warrant of distress for the costs occasioned by a party refusing 
 
 to give possession of land to slieriff, the amount being settled by the 
 sheriff. 
 
 Resale of Land.] One justice to take declaration that owner of 
 land intended to be resold refused to repurchase, &c. 
 
 LIGHTING AND WATCHING ACT 1. 
 3 & 4 Will, i, Appointment of Constables.] The constables under this act are ap- 
 <=■ 90- pointed by the inspectors elected by the inhabitants in vestry (s. 39) ; 
 
 but s. 42 authorizes any one justice [for the county, &c., in which the 
 parish adopting the act may be situate (s. 77)] to administer the oath 
 to all watchmen, Serjeants of the watch and patrols, who are to have 
 all the powers of constables. The form of oath will be the same as for 
 parochial constables, ante, p. 790 {vide Form of Certificate of having 
 taken the Oath, No. 1, p. 459, Oke's " Formulist," 2nd edit.) Vide 
 B. 41, for the particular duties of constables under the act, in addition 
 to their general duties. 
 
 AUotomnce of Inspectors' Annual Accounts.] At each annual meet- 
 ing the inspectors are to produce their accounts and vouchers of all 
 monies received and paid by virtue of this act for the previous year ; — 
 and a duplicate or copy of such accounts, verified on oath before any 
 two justices [of the county, &c. in which the parish adopting the act 
 is situate (s. 77)] by the said inspectors or any two of them, shall be 
 deposited with the said inspectors, and shall be open at all reasonable 
 times to the inspection of all parties interested (s. 19). form No. 2, 
 p. 460, Oke's " Formulist," 2nd edit. 
 
 Recovery of Rates.] The same mode as for poor rates (s. 33), and 
 succeeding overseers to have the same powers of collecting, &c. as pre- 
 ceding ones, if same not levied previously (s. 35) ; see tit. " Rates," 
 post. (Vide adapted Form of Complaint, No. 3, p. 460, Oke's "For- 
 malist," 2nd edit) In Wilkinson v. Gray, 9 J. P. 71 (1845), it was 
 held that in the case of a lighting rate under this act the justices were 
 not protected against an action of trespass in issuing a distress warrant, 
 unless the rate were actually good ; justices are therefore entitled to 
 require that all the formalities for making a legal rate should be duly 
 proved <9 J. P. 274 ; see Reg. v Kingswinford, 23 L. J. (N. S.) M. C. 
 
 1 As to the power of chief constables of counties appointed under the 
 County Police Acts, 2 & 3 Vict. c. 93, and 3 & 4 Vict t. 88, or 19 & 20 
 Vict. c. 69, for superseding the constables appointed under the 3 & 4 
 Will. 4, c. 90, see ss. 18, 19 of 19 & 20 Vict c. 69, ante, pp. 825, 826, and 
 2 & 3 Vict c. 93, s. 25, and 3 & 4 Vict c. 88, s 20 ; but until the constables 
 are discontinued, the provisions of the 19 & 20 Vict. c. 69, applicable to 
 constables and watchmen of boroughs, are to apply to them i and all the 
 provisions of the 19 & 20 Vict. c. 69, applicable to the watch committee of 
 a borough, are to be applicable to the inspectors under 3 8s 4 Will. 4, c. 90. 
 These provisions will not affect the 3 & 4 Will, 4, c. 90, so far as respects 
 'Lighting." Digitized by Microsoft® 
 
CHAP. II.] Lighting and Watching Act. 871 
 
 172 ; 18 J. P. 678 ; Beg. v. Warlington, 18 J. P. 647), for the pro- 3 & 4 Will. 4, 
 tection given them by sect. 4 of the 11 & 12 Vict. c. 44, ante, p. 34, '"' ^°' 
 
 does not apply to rates levied under the 3 & 4 Will. 4, c. 90. The 
 jproofs necessary would be as follows, 2 in addition to the usual proof 
 of the making and allowance of the rate, its publication, the demand 
 and non-payment : — 
 
 1. Application of three inhabitants to churchwardens to convene 
 
 a meeting of the parish [or part of the parish (s. 73)] ; — 
 when delivered to the churchwardens ; the notice calling the 
 meeting, — and its publication in proper time (s. 5). 
 
 2. The meeting (ss. 6, 7). Majority of two-thirds of votes pre- 
 
 sent to determine adoption of the act, and not within a year 
 of a previous meeting at which adoption negatived (ss. 8, 16, 
 Beg. V. Dunn, 26 L. J. (N. S.) M. C. 74 ; 7 E. & B. 220). 
 Those present and not voting cannot be taken into account 
 as assenting to the votes of the majority, but must be counted 
 (Beg. V. Eymliam, 12 Q. B. 398; 13 L. T. 91 ; 13 J. P. 
 285 (1849). Qualification of voters present (s. 14, and see 
 S3. 6, 20). 
 
 3. Amount fixed to be raised in the year (s. 9). 
 
 4. The persons elected inspectors (s. 17). 
 
 5. Notice of the adoption of the act, and publication thereof 
 
 (s. 15). 
 
 6. Minutes of inspectors' meeting ordering amount to be levied 
 
 by overseers (s. 32, and see ss. 30, 36). Service of inspectors' 
 
 order on overseers. 
 Becmery of Inspectors' Order from Overseers. 3] In case the 
 amount directed by the inspectors' order (see s. 32) to be paid by the 
 overseers shall not be paid to the ti'easurer within the time specified 
 (see s. 36) for that purpose in the said order, any justice of the peace, 
 upon complaint thereof made to him by the said treasurer, or by any 
 one of the inspectors, may and he is hereby authorized and required to 
 issue a summons under his hand and seal for the said overseers, so re- 
 fusing or neglecting [or the succeeding overseers to those upon whom 
 the order was served (s. 35)] to pay such money as aforesaid, to appear 
 before two justices of the peace [for the county, &c. in which the parish 
 is situate (s. 77)] ; — and upon the said overseers appearing, or having 
 been so summoned and not appearing, without some sufficient and 
 reasonable excuse, or not being found, it shall be lawful for the said 
 justices, and they are hereby required, in case the said money is not 
 paid, to issue their warrant for levying the amount, or so much thereof 
 
 2 Reference must be made to the sections stated for further particulars. 
 
 3 This case appears not to be within the operation of Jervis's Act, 1 1 & 
 12 Vict. c. 43, so as to allow of its provisions, especially that in s. 11, 
 limiting the time of making the complaint to six months, being applied to 
 it (see 14 J. P. 309 ; but see ante, pp. 91—93). 
 
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872 As to Matters to he done in Petty Sessions, [part hi. 
 
 3 & 4 Will. 4, as may be in arrear, by distress and sale of the goods of all or any of 
 c. 90. the said overseers; -and in case the goods of all the overseers shall not 
 
 ■ be sufficient to pay the same, the arrears thereof shall be added to the 
 
 amount of the next levy which shall be directed to be made in such 
 parish for the purposes of this act, and shall be collected by the like 
 method (s. 38). Vide Forms, Nos. 4-6, p. 460, Oke's "Formulist," 
 2nd edit. In addition to the proofs enumerated supra, there should be 
 proof of the appointment of the treasurer (ss. 24, 25), and of the non- 
 payment of the order by him (s. 38). 
 
 Treasurer and Officers neglecting to account, not rendering Account 
 Boohs, ^c, ornot paying over Monies.'] See s. 26, which is similar to 
 clause s. 38 of the Highway Act, 5 & 6 Will. 4, c. 60, ante, p. 852. 
 Vide Oke's " Formulist," 2nd edit., p. 461, as to forms. 
 Appeal.'] See note 156, ante, p. 358. 
 
 LOAN SOCIETIES 4- 
 3 & 4 Vict. Becmery of Notes not exceeding £15.] One justice may grant a 
 
 c 110. summons, and award sum due to be paid to treasurer, with costs not 
 
 exceeding 5s.; to be levied by distress (s. 16) :— in default of distress 
 imprisonment under 11 & 12 Vict. c. 43, 8. 22, for not exceeding three 
 calendar months {ante, p. 179). Forms, Nos. 1, 2, p. 461, Oke's 
 " Formulist," 2nd edit. 
 
 [Vide ss. 4, 5, 7, as to how the rules of the society are to be certified, 
 enrolled and confirmed.] 
 
 LODGING HOUSES (COMMON). 
 
 14 & 15 Vict. By s- S °f *'''^ ^°*' " '^^^ Common Lodging Houses Act, 1851," 
 
 t. 28. the "local authority" 5 was witliin three months after the passing of 
 
 the act [24th July, 1851], and from time to time thereafter may, to 
 give the keeper of every common lodging house notice in writing of 
 ihis act, and require the keeper to register his house, but 16 & 17 
 Vict. c. 41, s. 3, prohibits the keeping of such a house, and does not 
 render a notice necessary. By s. 7, the local authority is to keep a 
 register of the houses ; and by s. 9 may make regulations respecting 
 common lodging houses for all or any of the purposes for which the 
 
 4 The statute 3 & 4 Vict. a. 110, originally intended to be in operation 
 for a year, has been annually continued ; and lastly, by 20 & 21 Vict c. 41, 
 s. 1, it is to " continue in force until the 1st day of August, 1858 ;" but 
 after that period no new loan society can be formed, for s. 2 enacts, that 
 " after the termination of the period limited by this act for the continuance 
 of the said act of the third and fourth years of her Majesty the provisions 
 of the said act, and all rules certified thereunder, shall, notwithstanding the 
 expiration of the said act, remain and be in force as regards any society 
 theretofore established thereunder and then subsisting, and the securities taken 
 by such society, until the affairs of such society shall be wound up, and the 
 assets thereof divided : —save only that no new loan shall be made by such 
 society under the authority of the said act after such expiration." A bill 
 for continuing the 3 & 4 Vict, for a further period is now (May 6th, 1858) 
 before parliament. 
 
 5 For a definition of "local authority" and "common lodging house," 
 see Note 157, ante, p. 360. 
 
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CHAP. II.] Lodging Houses {Common) — London. 873 
 
 local board of health are by the Public Health Act, 1848, authorized 14 & IS Vict 
 
 to make bye-laws [i. e. for fixing the number of lodgers who may be 
 received into each registered house, for promoting cleanliness and ven- 
 tilation therein, and with respect to the inspection thereof, and the 
 conditions and restrictions under which such inspection may be made 
 (11 k 12 Vict. c. 63, s. 66)], and for the well ordering of such lodg- 
 ing houses, and for the separation of the sexes therein, which regula- 
 tions are to be confirmed by the secretary of state, and may impose 
 penalties on offenders ; and a copy purporting to be signed by the 
 secretary of state, and also to be signed by the local authority (or sealed 
 if it have a seal), is to be receivable in evidence of such regulations, 
 and of the duly making and confirming thereof (s. 10). By 16 & 17 
 Vict. c. 41, the local authority may refuse to register houses, if keepers 
 do not produce certificate of character (s. 4) ; a copy of the entry in 
 the register is evidence (s. 5) ; power to local authority to require an 
 additional supply of water to lodging houses (s. 6) ; may order removal 
 of sick persons from, lodging houses to hospitals, &c. (s. 7); may order 
 reports from keepers of lodging houses kept for beggars and vagrants 
 (s. 8) ; may remove nuisances in or about a lodging house, as other 
 bodies may do under Nuisances Act (s. 9). The expenses of executing 
 the act by justices are to "be paid" as part of the general expenses of 
 the constablewick of the place (14 & 15 Vict. c. 28, s. 4), and in places 
 where the acts are executed by justices in petty sessions, out of the 
 poor rates of the several parishes in proportion ordered by the justices 
 (16 & 17 Vict. c. 41, s. 14). 
 
 Penalties.] See this title, ante, pp. 360 — 362. 
 
 Forms.'] Notice to keeper, register of lodging houses, and appoint- 
 ment of an inspector of lodging houses by justices, pp. 462, 463, Oke's 
 " Formulist," 2nd edit. 
 
 LONDON. 
 
 We propose to give here a reference only to the statutes and sections 
 affecting magisterial proceedings, which apply exclusively to the city 
 of London and the other parts of the metropolis 1. 
 
 Subjects 2- Acts and their Application. 
 
 Akhouses City : 9 Geo. 4, c. 61, s. 36 ; 2 & 3 Vict. 
 
 c. xciv., ss. 26, 27, 28, 29 ; 18 & 19 
 Vict. c. 118, s. 2. 
 Metropolis : 10 Geo. 4, c. 44, s. 6 ; 2 & 
 3 Vict. c. 47, ss. 41 to 45. 
 
 c. 28. 
 
 1 To give the acts in extenso here with the decisions would occupy at 
 least 300 additional pages, without being of any use to the country magis- 
 tracy and practitioners. A separate volume of the Laws of the City of 
 London and the Metropolis is in preparation. 
 
 2 The asterisk* placed after some of the subjects or titles means that 
 ttie act or acts cited relate to the metropolis generally, including the city. 
 
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874 
 
 As to Matters to he done in Petty Sessions, [part hi. 
 
 Subjects. ^«" ""'^ *^"^ Application. 
 
 Appeal (against Magis- City : 2 & 3 Vict. c. xciv., s. 101. 
 trates' Decisions). Metropolis : 2 & 3 Vict. c. 71, b. 50. 
 
 Apprentices City : 4 Geo. 4, o. 34, s. 6. 
 
 Beerhouses* 3 & 4 Vict. c. 61, s. 15 ; (City) 18 & 19 
 
 Vict. c. 118, s. 2. 
 Betting Houses* .... Metropolis : 16 & 17 Vict. c. 119, s. 12. 
 Bread and Flour'' . . . 3 Geo. 4, c. cvi. 
 
 Buildivgs* 7 & 8 Vict. c. 84, ss. 54-63 ; 18 & 19 
 
 Vict. c. 122. 
 
 Burial Acts City: 15 & 16 Viet. c. 85; 20 & 21 
 
 Vict. c. 35. 
 Metropolis : 15 & 16 Vict. c. 85; 16 & 
 17 Vict. c. 134 ; 18 & 19 Vict. c. 128 ; 
 20 & 21 Vict. c. 81. 
 CaJs (Hackney Carriages)* 1 & 2 Will. 4, c. 22 ; 6 & 7 Vict. c. 86 ; 
 
 13 Vict. c. 7 ; 16 & 17 Vict. c. 33 ; 16 
 & 17 Vict. c. 127. 
 
 Carriers See " Porters." 
 
 Cemeteries See " Burial Acts." 
 
 Central Criminal Court* . 4 & 5 Will. 4, c. 36 ; 7 Will. 4 & 1 Vict. 
 
 c. 77 ; 9 & 10 Vict. c. 24, s. 2; 14 & 
 15 Vict. c. 55, s. 13; 19 & 20 Vict, 
 c. 16. 
 City of London .... Police and Magisterial Acts ; 2 & 3 Vict. 
 
 c. xciv. ; 3 & 4 Vict. c. 84 ; 11 & 12 
 Vict. c. 42, s. 30 ; 11 & 12 Vict. c. 43, 
 s. 34. 
 
 Coals* 1 & 2 Will. 4, c. Ixxvi. ; 1 & 2 Vict. 
 
 c. ci. ; 8 & 9 Vict. c. 101 ; 20 & 21 
 Vict. c. Ixxxix. 
 
 Constables Metropolis : 10 Geo. 4, c. 44, s. 9 ; 2 & 3 
 
 Vict. c. 47, ss. 10, 14, 15, 16, 18, 54, 
 62-67. 
 City : 2 & 3 Vict. c. xciv., ss. 15, 16, 17, 
 19, 35, .43 -48. 
 Cruelty to Animals . . . Metropolis : 2 & 3 Vict. c. 47, s. 47. 
 
 City : 2 & 3 Vict. c. xciv., s. 31. 
 Damage by Offenders . . Metropolis : 2 & 3 Vict. c. 47, s. 62. 
 
 City : 2 & 3 Vict. c. xciv., =. 43. 
 Dancing and Music* . . 25 Geo. 2, c. 36. 
 
 Distresses Metropolis : 2 & 3 Vict. c. 47, s. 39. 
 
 City : same, by 3 & 4 Vict. c. 84, s. 6. 
 
 Many of the subjects in the acts as to the metropolis are also within the 
 cognizance of the city justices by virtue of 3 & 4 Vict. c. 84, s. 6, as titles 
 "Distresses," "Goods," " Landlord and Tenant" and "Pawnbrokers." 
 
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CHAP. II.] London. 
 
 Subjects. Acts and their Application. 
 
 J)ivorce Metropolis: 20 & 21 Vict. c. 85, s. 21 
 
 (tiie city being excluded by the terms 
 of the enactment, see ante, p. &34). 
 
 Dog Carts Metropolis : 2 & 3 Vict. c. 47, s. 56. 
 
 City : 2 & 3 Vict. c. xciv., s. 37. 
 
 Drunkenness Metropolis : 2 & 3 Vict. c. 47, s. 58. 
 
 City : 2 & 3 Vict. c. xciv., s. 37. 
 
 Fears Metropolis : 2 & 3 Vict. c. 47, s. 39. 
 
 Fire Rewards* .... 14 Geo. 3, o. 78, ss. 74 to 86, except 
 
 s. 79. 
 Gaming Houses .... Metropolis : 2 & 3 Vict. e. 47, s. 48 ; 
 8 & 9 Vict. c. 109, ss. 6, 7. 
 City : 2 & 3 Vict. c. xciv., s. 32. 
 
 Gunpowder* 2 & 3 Vict. c. 47, s. 35 (Thames). 
 
 Goods Metropolis : detaining, 2 & 3 Vict. c. 71, 
 
 s. 40 ; unlawful possession of, lb., 
 s. 24. 
 City : same, by 3 & 4 Vict. c. 84, s. 6. 
 Hackney Carriages . . . See " Cabs." 
 Hay and Straw* . . . (False packing) 36 Geo. 3, c. 88 ; 19 & 
 
 20 Vict. c. 114. 
 Justices See " Magistrates.", 
 
 LancUord and Tenant . . Metropolis : 2 & 3 Vict. c. 71, ss. 38, 
 39; 3&4Vict. c. 84, s. 13. 
 City : powers of, 2 & 3 Vict. c. 71, ss. 38, 
 39, by 3 & 4 Vict. c. 84, s. 6. 
 Local Management* . . 18 & 19 Vict. c. 120; 19 & 20 Vict. 
 
 c. 112. 
 lodging Houses, Common City : Sewers Acts apply. 
 
 Magistrates Police : 10 Geo. 4, c. 44 ; 2 & 3 Vict. 
 
 c. 47 ; 2 & 3 Vict. c. 71 ; 3 & 4 Vict, 
 c. 84; 8 & 9 Vict. c. 120 ; 11 & 12 
 Vict. c. 42, ss. 29, 31 ; 11 & 12 Vict. 
 c. 43, s. 33. 
 County : 3 & 4 Vict. c. 84, s. 6. 
 City : 2 & 3 Vict. c. xciv. ; 3 & 4 Vict. 
 c. 84, ss. 6, 15 ; 11 & 12 Vict. c. 42, 
 s. 30 ; 11 & 12 Vict. c. 43, s. 34. 
 Metropolitan Police, Sis- 10 Geo. 4, c. 44 ; 3 & 4 Will. 4, c. 89 ; 
 trict and Courts. 2 & 3 Vict. c. 47 ; 2 & 3 Vict. c. 71 ; 
 
 3 & 4 Vict. c. 84 ; 19 Vict. c. 2 ; 20 & 
 
 21 Vict. c. 64. 
 
 Middlesex Sessions . . . 7 & 8 Vict. c. 71 ; 14 & 15 Vict. c. 55, 
 ss. 14, 15, 16. 
 
 875 
 
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876 As to 3Iatters to be done in Petty Sessions, [part hi. 
 
 Suljects ^'^'^ ""^ *''"'' ^PP^'""''""- 
 
 Militia ....... City: 1 Geo. 4, c. 100; 15 & 16 Vict. 
 
 c. 50, s. 35. 
 Tower Hamlets : 37 Geo. 3, c. 25 ; 15 & 
 16 Vict. c. 50, s. 35. 
 Music and Dancing* . . 25 Geo. 2, c. 36. 
 
 Omnibuses (Metropolitan 2 & 3 Will. 4, c. 120 ; 5 & 6 V,ct. c. 79 ; 
 Stage Carriages).* 6 & 7 Vict. c. 86 ; 16 & 17 Vict. c. 33 ; 
 
 16 & 17 Vict. c. 127. 
 
 Pawnbrokers Metropolis; 2 & 3 Vict. c. 47, s. 50; 
 
 2 & 3 Vict. c. 71, ss. 27, 28. 
 City : 2 & 3 Vict. c. xciv., s. 34 ; 2 & 3 
 Vict. c. 71, ss. 27, 28, by 3 & 4 Vict, 
 c. 84, s. 6. 
 Penalties (how applied) . Metropolis : 10 Geo. 4, c. 44, s. 37 ; 2 & 3 
 
 Vict. c. 71, s. 47. 
 City : 2 & 3 Vict. c. xciv., s. 97. 
 Petti/ Sessional Divisions . Metropolis : 9 Geo. 4, c. 43, s. 13 ; 6 
 
 Will. 4, c. 12, s. 6 ; 14 & 15 Vict. c. 55, 
 s. 17. 
 
 Police See " Constables." 
 
 Poor City : 43 Eliz. c. 2, s. 8 ; 12 & 13 Vict. 
 
 c. 8, B. 4; soviet, c. 19, e. 3. 
 Metropolis : 20 Vict. c. 19, s. 3. 
 
 Porters* 39 Geo. 3, c. Iviii. 
 
 Boads Metropolis: 7Geo. 4, c.cxlii.; 10 Geo. 4, 
 
 c. lix. 
 
 Sewers City : 11 & 12 Vict. c. clxiii. ; 14 & 15 
 
 Vict. c. xci. 
 Metropolis : 11 & 12 Vict. c. 112 ; 12 & 
 13 Vict. c. 93; 14 & 15 Vict. c. 75; 
 15 & 16 Vict. c. 64 ; 16 & 17 Vict, 
 c. 125. See " Local Management." 
 Smoke Nuisance* . . . 16 & 17 Vict. c. 128; 19 & 20 Vict. 
 
 c. 107. 
 Stage Carriages .... See " Omnibuses." 
 Statues (Public) . . . . Metropolis: 17 & 18 Vict. c. 111. 
 
 Sunday* 21 Geo. 3, c. 49. 
 
 Tenants See " Landlord and Tenant." 
 
 Thames* Conservancy of: 20 & 21 Vict. c. cxlvii., 
 
 and acts therein cited. 
 Ballast : 6 & 7 Vict. c. Ivii. 
 Constables : 2 & 3 Vict. c. 47, ss. 5, 33, 
 34. 
 
 Theatres Metropolis : 2 & 3 Vict. c. 47, s. 46. 
 
 City : 2 & 3 Vict. c. xciv., s. 30. 
 
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CHAP. II.]' London— Lunatics. °' ' 
 
 Subjects. Acts and their .Jpplication. 
 
 fitlies City : 37 Hen. 8, c. 12 ; 44 Geo. 3, 
 
 c. 89 (Fire Act) ; 7 & 8 Will. 3, c. 6, 
 s. 5. 
 
 Warrants Of Police Magistrates : 2 & 3 Vict. c. 47, 
 
 s. 13 ; 2 & 3 Vict. c. 71, s. 17. 
 Of City Justices : 2 & 3 Vict. c. xciv., 
 
 s. 23. 
 Of County Justices : lb. 
 Watermen* 7 & 8 Geo. 4, c. Ixxv., and various bye- 
 laws.. 
 Weights and Measures . . Metropolis : 3 & 4 Vict. c. 84, s. 12. 
 
 LUNATICS 1. 
 We propose to give the statute 16 & 17 Vict. c. 97 (which is very 
 badly arranged), and other acts, under the following heads : — 
 
 I. As to Pauper Lunatics, infra. 
 II. As to Wandering Lunatics, p. 883. 
 
 III. As to Lunatics not under proper Care or cruelly treated, 
 
 p. 884. 
 
 IV. As to Appeals against Orders, p. 887. 
 
 V. Removal, Discharge, Escape, SfC. of Lunatics, p. 887. 
 VI. As to Private Patients, p. 889. 
 VII. Justices as Visitors of Asylums, p. 889. 
 VIII. Insane Prisoners, p. 890. 
 
 I. As to Pauper Lunatics. 
 (1) Their Apprehension and Removal to Asylum. 
 Information to Justices and Examination of Lunatic.^ By s. 67, 16 & 17 Vict, 
 every medical officer of a parish or union who shall have knowledge "' 
 that any pauper resident within such parish, or in any parish of his 
 district, is or is deemed to be a lunatic, is within three days to give 
 notice thereof in writing to a relieving officer, or if there is no re- 
 lieving officer, then to one of the overseers of the parish ;— and such 
 relieving officer or overseer, who shall have knowledge of such notice, 
 or otherwise, that a pauper is a lunatic, is within three days to give 
 notice thereof to a justice of the county or borough within which the 
 parish is situate ; — and thereupon the said justice is, by an order (Form, 
 No. 2, p. 463, Oke's " Formulist," 2nd edit.) to require such re- 
 lieving officer or overseer to bring such pauper before him, or some 
 other justice of the same place within three days from the time of 
 such notice being given to the justice ; — and the justice before whom 
 the pauper is brought is to call to his assistance a physician, surgeon 
 
 1 Jervis's Act, 11 & 12 Vict. u. 43, does not extend to the proceedings 
 under the acts in this title ; see ante, p. 91. For the Vfhole law as to 
 
 lunatics, see Archbold's ed. 1853. 
 Di 
 
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878 As to Matters to he done in Petty Sessions, [pakt hi. 
 
 16 & 17 Vict, or apothecary, and examine such person :— and if the physician, &e. 
 '^•^^- shaU sign a "certificate 2 in the Form F. No. 3, Oke's "FormulUt," 
 2nd edit. No. 7, p. 466, aud the justice is satisfied, upon view or personal 
 examination of the pauper or other proof, that the pauper is a lunatic, 
 and a proper person to be taken charge of and detained under care 
 and treatment, he is, by an order according to a form (Schedule F., 
 No. 1, Oke's "Farmulist," 2nd edit. p. 465, No. 7), to direct such 
 pauper to be received into such asylum or hospital as hereinafter men- 
 tioned (see infra) ; — and the relieving officer or overseer is imme- 
 diately to convey the lunatic to the asylum, &c. 3- By a proviso to 
 the section (67), any justice upon notice being given to him as supra, 
 — or upon his own knowledge without notice, — may examine any 
 pauper deemed to be a lunatic at his own abode or elsewhere, and 
 proceed in all respects as if such pauper were brought before him in 
 pursuance of an order. 
 
 Examination by Clergyman.] By another proviso to the section 67, 
 in case any pauper deemed to be lunatic cannot, on account of his 
 health or other cause, be conveniently taken before a justice, he may 
 be examined at his own abode or elsewhere by the officiating clergy- 
 man of the parish in which he is resident, together with a relieving 
 officer, or if there be no relieving officer an overseer of the parish ; — 
 and such officiating clergyman, together with the relieving officer or 
 overseer, may, on a certificate of a physician, &c., make the like 
 order for the removal of the lunatic to an asylum, &c. as the justices 
 may direct. 
 
 Jf Lunatic ill.'] If the physician, &c. certify that the lunatic is 
 not in a fit state to be removed, the removal is to be suspended until 
 the physician, &c. or another, certify that he is fit to be removed 
 (s. 67). 
 
 When Removal compulsory on Justice and Clergyman, Sj'c] Sect. 
 67 further provides, that where the certificate. No. 3, Sched. F., is 
 signed by the medical officer of the parish or union in which the pauper 
 named therein is resident, as well as by some other person being a 
 physician, surgeon or apothecary, called to the assistance of the justice 
 or clergyman, &c., such joint certificate, or such two certificates (as 
 the case may be), is to be received by a justice or clergyman, &c. as 
 conclusive evidence that the person named is a lunatic, and " he or 
 tliey shall make an order in the form in the said Sched. (F. No. 1) 
 accordingly." 
 
 To what Asylum to be removed.] By s. 72, the order for the re- 
 ception of a lunatic into an asylum may authorize his admission, not 
 only into any lunatic asylum of the county or borough in which the 
 
 2 Sect. 75 requires the medical certificate to specify the facts upon which 
 the opinion of insanity has been formed. The signing a false certificate is 
 an indictable misdemeanor (s. 122). 
 
 3 The otlicer not obeying this order is liable to a penalty of not exceeding 
 10/. (s. 71) ; see Offence 13, ante, p. S66, title " Lunatics." 
 
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CHAP. II.] Lunatics. 879 
 
 parish or place from which the lunatic is sent is situate, but also into 16 & 17 Vict. 
 
 any other asylum for the reception of pauper lunatics of such county *=• ^^- 
 
 or borough,— and also into any asylum forauy other county or borough, 
 
 —or any hospital registered or house licensed for the reception of 
 
 lunatics ; — but every lunatic shall under every such order be sent to an 
 
 asylum of the county or borough in which the parish or place from 
 
 which he is sent is situate, unless there be no such asylum, or there be a 
 
 deficiency of room, or unless there be some special circumstances by 
 
 reason wha'cof such lunatic cannot conveniently be taken to such 
 
 asylum, which deficiency of room or special circumstances shall be 
 
 stated in the order for the reception of such lunatic into any asylum 
 
 other than such asylum as aforesaid, or into any registered hospital or 
 
 licensed house ; — and no lunatic shall be sent to any registered hospital 
 
 or house licensed for the reception of lunatics, by virtue of such order, 
 
 except there be no such asylum, or no such asylum in which he can 
 
 be received, or there be some special circumstances by reason whereof 
 
 he cannot be taken thereto, which shall be stated in like manner 
 
 as aforesaid 4- 
 
 Amendment of Order or Certificate.] Sect. 87, if the order or 
 medical certificate be found iDCO)'rect or defective it may be amended 
 within fourteen days after the reception of the lunatic, with the 
 sanction of the commissioners in lunacy. 
 
 (2) Their Settlement — Expenses of Removal — Maintenance. 
 
 Expenses of Examination.] Any justice or justices causing any 
 person to be examined by any physician, &c., may make an order upon 
 the guardians of the union or parish or overseers of the parish to which 
 such person is chargeable 5, for the payment of such reasonable re- 
 muneration to any such physician, &c. for the examination, and of all 
 other reasonable expenses in or about the examination, and the bring- 
 ing him before such justice or justices, and the conveyance to the 
 asylum, &c. (s. 69). Form of Order, No. 9, p. 467, Oke's " Formu- 
 list," 2nd edit. 
 
 Maintenance.] By s. 96, the justice by whom any pauper lunatic is 
 sent to an asylum, &c., — or any two justices of the county or borough 
 in which the asylum, &c. is situate, — or from any part of which any 
 
 4 By s. 73 no pauper is to be received without an order in the form 
 rpquired, nor without a medical certificate signed by the physician, who 
 shall have personally examined the lunatic not more than seven days pre- 
 viously to his reception. By s. 78 pauper lunatics are not to be received 
 into any other than the county or borough asylum without indorsement of 
 order by a visitor; and orders are not compulsory on hospitals or licensed 
 houses, except by contract 
 
 5 By s. 95 every pauper lunatic is to be chargeable to the parish from 
 which he is sent till otherwise adjudged, and see s. 1 18. By s. 100, justices 
 tnay make an order, although the union or parish be not within their juris- 
 diction. By s. 103, guardians and overseers may pay the charges without 
 the orders of justices. 
 
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880 As to Matters to be done in Petty Sessions, [paht hi. 
 
 16 & 17 Vict, pauper lunatic is sent, — or for anj' two justices being visitors of such 
 "• ^^- asylum or licensed house, — may make an order upon the guardians of 
 
 the union or parish or the overseers of the parish (if not in a union or 
 under a board of guardians) from which, or at the instance of any of- 
 ficer or officiating clergyman of which, such lunatic is or has been sent 
 for confinement, for payment, to the treasurer, officer or proprietor of 
 the asylum, registered hospital or licensed house, of the reasonable 
 charges of the lodging, maintenance, medicine, clothing and care of 
 such lunatic in such asylum, &;c., — and any such order may be retro- 
 spective or prospective, or partly retrospective and partly prospec- 
 tive 6- Form of Order, No. 10, p. 468, Oke's " Formulist," 2nd ed. 
 Settlement ascertained in a Parish.} By s. 97, any two justices for 
 the county or borough in which any asylum, &c. is situate, any pauper 
 lunatic is or has been confined is situate, — or to which such asylum 
 wholly or in part belongs,— or from any part of which any pauper 
 lunatic is or has been sent for confinement,— may at any time inquire 
 into the last legal settlement of such pauper lunatic, aud if satis- 
 factory evidence can be obtained as to such settlement in any parish, 
 such justices shall, by order, adjudge such settlement accordingly, and 
 order the guardians of the union to which the parish in which such 
 lunatic is adjudged to be settled belongs, or of such parish in case such 
 parish be in a union or be under a board of guardians, and if not, then 
 the overseers of such parish, to pay to the guardians of any union or 
 parish, or the overseers of any parish, all expenses incurred by or on 
 behalf of such union or parish in or about the examination of such 
 lunatic, and the bringing him before a justice or justices, and his con- 
 veyance to the a«Sylum, &c., and of all monies paid by such last-men- 
 tioned guardiana,.&c. to the treasurer, &c. of the asylum, &c. for the 
 lodging, &c. oJrBu'ch lunatic, and incurred within twelve calendar 
 months previous to the date of such order, and if such lunatic is still in 
 confinement, also to pay to the treasurer, &c. of the asylum, &c. the 
 reasonable charges of the future lodging, &e. of such lunatic;— and 
 the guardians, &c. on whom any such order is made shall immediately 
 
 ' pay to the guardians or overseers to whom the same are ordered to be 
 
 paid the amount of the expenses and monies by such order directed to 
 be paid to them, and from time to time pay to the said treasurer, &c. 
 of the asylum, &c. the future charges afoi-esaid 7. Forms of Com- 
 plaint and Order, Nos. 11, V2, pp. 468, 469, Oke's " Formulist," 3nd ed. 
 
 6 See s. 101, ivfra. This section applies not only to paupers who were 
 actually chargeable to the parish at the time they were sent from it to the 
 asylum, but to all other lunatics sent there by an order of justices (see s. 
 118), and this seems to include wandering lunatics, and lunatics not under 
 proper care or treatment, or who are cruelly treated by their friends (Arch, 
 on Lunacy Acts. pp. 3,3, 247). If the lunatic is a Greenwich or Chelsea 
 pensioner, see 19 & 20 Vict. c. IS. 
 
 7 By s. 101, this order for payment of charges of maintenance will extend 
 to any asylum, &c. to which the lunatic may be removed. The costs of 
 
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CHAP. II.] Lunatics. 881 
 
 Settlement not ascertained— Chargeability to County. \ By s. 98, if 16 & 17 Vict, 
 the pauper lunatic be not settled in the parish by which he is sent to "• °' • 
 
 the asylum, &c., and it cannot be ascertained in what parish he is 
 settled, two justices may, after ten days' notice to the clerk of the 
 peace for the county in which the lunatic was found, adjudge the 
 lunatic to be chargeable to the county, and make an order on the 
 county treasurer for the expenses incurred [Forms of Complaint and 
 Order, Nos. 13, 14, pp. 471, ¥7-2, Oke's "Formulist," 2nd edit.] ;— 
 and the county may thereafter inquire as to the parish in which the 
 lunatic is settled, and procure such lunatic to be adjudged to be settled 
 in any parish (see infra). By 18 & 19 Vict. c. 105, s. 14, the above 
 provision is to be applicable to a borough having a separate court of 
 quarter sessions, and which is not liable under the 5 & 6 Will. 4, c. 76, 
 8. 117, to the payment of a portion of the county rate, if the lunatic 
 ■was found in such borough. 
 
 Settlement afterwards ascertained in a Parish and County reim- 
 bursed.] By s. 99, if after the lunatic has been adjudged chargeable to 
 a county, such county procures him to be adjudged to be settled in any 
 parish, any two justices of the county or borough in which the 
 asylum, &c. in which the lunatic is confined is situate, — or from which 
 sent,— or any two justices, being visitors of such asylum, &c., — may 
 make an order on the guardians or overseers to which the parish 
 belongs (as the case may be), for payment to the treasurer of the 
 county of the expenses incurred and paid by the county for the 
 lodging, &c. of the lunatic 8- [Forms of Complaint and Order ad- 
 judging settlement and expenses, Nos. 15, 16, pg. 473, 474, Oke's 
 " Formulist," 2nd edit.] ^„, 
 
 Lunatic's Property available for Maintenanee^]^^ s. 104, — " if it 
 appear to any justice or justices by this act autho^Qpd to make any 
 order for the payment of money for the maintenance of any lunatic 9, 
 
 pauper lunatics, who are irremoveable under 9 & 10 Vict. c. 66, are to be 
 borne by the parish wherein they were exempt from removal, or by the 
 common fund in unions (s. 102 i Reg. v. Auditor of West IVard Union, 26 
 L. ,1. (N. S.) M. C. 29 ; 3 ,Jur. (N. S.) 185 j 28 Law T. 157 ; 20 J. P. 772 ; 
 see Knowles v. Trafford, 26 L. J. (N. S.) Q. B. 125 ; 3 Jur. (N. S.) 383 j 28 
 LawT. 249; Leeds v. Wakefield, 26 L. J. (N. S.) Q. B. 128; 3 Jur. (N. S.) 
 292 ; 28 Law T. 256 ; 21 J. P. 582 ; Reg. v. Guardians of Manchester, 26 
 L. J. (N. S.) Q. B. 78 ; 2 Jur. (N. S.) 1205 i 28 Law T. 369). Vide form 
 of Order, No. 17, p. 476, Oke's " Formulist." 
 
 By s. 107, the party obtaining any order of adjudication of a settlement 
 on a parish is to send a copy thereof and statement of the grounds to the 
 parish affected. The statement, if incorrect, is amendable under s. 112 
 {Reg. V. Guardians of Manchester, supra. Note 7)- 
 
 8 9 & 10 Vict. c. 66, s. 4, and 16 & 17 Vict. c. 97, s. 102, do not affect 
 or control this order for payment {Reg. v. Guardians of Manchester, supra, 
 
 • Note 7). 
 
 9 Tills section appears to apply exclusively to lunatics who, at the time 
 they were sent to the asylum, were paupers, or were wandering at large 
 
 O. S. 3 L 
 
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882 As to Matters to be done in Petty Sessions, [part hi. 
 
 16 & 17 Vict that such lunatic has an estate, real or personal, applicable to his 
 c- 97. maintenance, and more than sufficient to maintain his family, if any, 
 
 he or they shall, by an order under his or their hand and seal or hands 
 and seals, direct the overseers of the parish,— or a relieving officer of 
 the parish or union, or the treasurer or some other officer of the county 
 to which such lunatic is chargeable, or in which any property of the 
 lunatic may be, or an officer of the asylum in which the lunatic may 
 te,— to seize so much of any money, and to seize and sell so much of 
 the goods and chattels, and to take and receive so much of the rents 
 and profits of the lands and tenements of such lunatic, and other in- 
 come of such lunatic, as may be necessary to pay the charges of the 
 examination, bringing before a justice or justices, removal, lodging, 
 maintenance, clothing, medicine and care of such lunatic, accounting 
 for the same to such justice or justices, such charges having been first 
 proved to the satisfaction of such justice or justices, and the amount 
 set forth in such order ;— and if any trustee or other person having the 
 possession, custody or charge of any property of such lunatic, or if the 
 governor and company of the Bank of England, or any other body or 
 person having in their or his hands any stock, interest, dividend or 
 annuity belonging or due to such lunatic, pay any money according 
 to any such order, or pay any money without any such order, to the 
 guardians of any union or parish, or to any overseer of any parish not 
 in a union or under a board of guardians, or to the treasurer of any 
 county, or any other officer of a county authorized to receive the 
 same, to defray the charges paid or incurred by or on behalf of such 
 parish, &c., for the examination, lodging, &c., the receipt of the per- 
 son authorized to receive sucli money under such order, or of such 
 guardians, &c. shall be a good discharge to such trustee, &c." 10 
 IVide Form of Order, No. 20, p. 479, Oke's " Formulist," 2nd edit.] 
 By s. 105, " the liability of any relation or person to maintain any 
 lunatic shall not be taken away or afiected where such lunatic is sent 
 to or confined in any asylum, &c. by any provision herein contained 
 concerning the maintenance of such lunatic." 11 
 
 Recovery of Expenses under Justice^ Orders.'] Sect. 121 provides, 
 that "if any overseer, or any treasurer of any county, upon whom 
 any order of justices for the payment of money under the provisions 
 
 within the parish, as in those cases justices may make an order of main- 
 tenance upon the union or parish, or upon the county, under ss. 96, 97 or 
 98. (See 20 J. P. 562; Arch, on the Lunacy Acts, pp. 215, 236.) As to 
 the appropriation of lunatic's property by guardians and others, see 11 & 12 
 Vict. c. 110, s. 10; 12 & 13 Vict. c. 103, s. 16, and 16 & 17 Vict. c. 97, 
 s. 102. See also 16 & 17 Vict. .;. 70, s. 120, which enables the Lord Chan- 
 cellor, in certain cases, where the property of a lunatic is of a small amount, 
 to apply it directly for his maintenance. 
 
 10 7 & 8 Vict. c. 101, s. 27, is a somewhat similar enactment to this. 
 
 U See title " Poor," post, " Maintenance of Relations." 
 
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CHAP. II.] Lunatics. 883 
 
 of this act, or of any act hereby repealed 12, is made, shall refuse or 16 & 17 Vict, 
 neglect for the space of twenty days next after due notice of such "' '' 
 
 Older to pay the money so ordered to be paid, the said money, together 
 with the expenses of recovering the same, shall be recovered by dis- 
 tress and sale of the goods of the overseer or treasurer so refusing or 
 neglecting, by warrant under the hands and seals of any two justices 
 hereby authorized to make the order for payment of the money afore- 
 said, or by an action at law, or by any other proceeding in any court 
 of competent jurisdiction, against such overseer or treasurer ; — and if 
 the guardians upon whom any such order is made, refuse or neglect, 
 for such time as aforesaid, to pay the money so ordered to be paid, the 
 same, together with the expenses of recovering the same, may be 
 recovered by an action at law or by any other proceeding in any such 
 court;— and in case of any such action or proceeding, no objection 
 shall be taken to any default or want of form in any order of admission 
 or maintenance, or in any certificate or adjudication under this act, if 
 such order or adjudication shall not have been appealed against, or if 
 appealed against, shall have been confirmed." 
 
 II. As to Wandering Lunatics. 
 (1). their Apprehension and Removal to Asylum. 
 Information to Justices and Examination of Lunatic.^ By s. 68 
 {inter alia), it is provided, that every constable of any parish or place, 
 —and every relieving officer and overseer of any parish,— who shall 
 have knowledge that any person wandering at large within such 
 parish or place {whether or not such person be a pauper) is deemed to 
 be a lunatic, shall immediately apprehend and take or cause such 
 person to be apprehended and taken before a justice ; — and also any 
 justice, upon its being made to appear to him by the information upon 
 oath [Form No. 1, Oke's " Formulist," 2nd edit. p. 463] of any per- 
 son whomsoever, that any person wandering at large within the limits 
 of his jurisdiction is deemed to be a lunatic, by an order [Form No. 3, 
 " Formulist," 2nd edit. p. 464] may require any constable of the 
 parish or place where such person may be found, to apprehend him 
 and bring him before such justice, or some other justice having juris- 
 diction where such person may be found, — * * * and the justice 
 before whom any such person is brought shall call to his assistance a 
 physician, surgeon or apothecary,— and shall examine such person, 
 and make such inquiry relative to such person as he or they shall deem 
 necessary ; — and if upon examination of such person or other proof, 
 such justice be satisfied that such person is a lunatic and was wandering 
 at large, and is a proper person to be taken charge of and detained 
 under care and treatment, * * * and if such physician, &c. sign 
 
 12 The acts repealed by this act are 8 & 9 Vict. c. 126, 9 & 10 Vict, 
 c. 84, and 10 & 11 Vict. t. 43. 
 
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884 As to Matters to be done in Petty Sessions, [part hi. 
 
 16 & 17 Vict, a certificate according to the form in Schedule F. No. 3 [Oke's " For- 
 c-97- muHst," 2nd edit., p. 466, No. 7], the said justice may by an order 
 
 [Form No. 7, " FormuUst," 2nd edit. p. 465J direct such person to be 
 received into such asylum, hospital registered or house licensed [as 
 mentioned ante, p. 878] ;— and the constable, relieving officer or over- 
 seer who may have brought the lunatic before the justice,— or any con- 
 stable whom the justice may require so to do, — is forthwith to convey 
 the lunatic to the asylum, &c. 
 
 By a proviso to this section (68), any justice, upon such information 
 on oath as aforesaid, or upon his own knowledge, and alone, may 
 examine the person deemed to be a lunatic, at his own abode or else- 
 where, and may proceed in all respects as if such person were brought 
 before him. 
 
 Suspension of Order. \ The justice may suspend the execution of the 
 order of removal to asylum, &c. for not exceeding 14 days, and in the 
 meantime give directions or make arrangements for the proper care 
 and control of the lunatic;— and the justice may likewise suspend 
 its execution until a physician, &c. certify the lunatic is fit to be re- 
 moved (s. 68). 
 
 Rehxtive may take Lunatic under Care.'\ The above enactment is 
 not to extend to restrain or prevent any relation or friend from re- 
 taining or taking such lunatic under his own care, if such relation or 
 friend satisfy the justice or justices, or the visitor of the asylum in 
 which such lunatic is or is intended to be placed, that such lunatic 
 will be properly taken care of (s. 68). 
 
 To what Asylum to he removed.^ Same as s. 72, ante, p. 878. 
 
 Amendment of Order and Certificate.'] Sect. 87, ante, p. 879. 
 
 (2). Expenses of Maintenance, Sfc. 
 
 Expenses of Examination and Maintenance.] See s. 96, p. 879. 
 
 Maintenance out of Lunatic's Property.] Sect. 104, ante, p. 881, 
 is applicable here, and not s. 94, p. 886, which is applicable only to 
 lunatics not under proper care and control, or who are cruelly treated 
 by their relatives (Arch, on Lunacy Acts, pp. 215, 236). 
 
 Recovery of Expenses.'] See s. 121, ante, p. 882. 
 
 III. As to Lunatics not under proper Care or cruelly treated. 
 (1). Their Apprehension and Removal to Asylum. 
 Information to Justice and Examinativn of Lunatic] By s. 68, it 
 is provided {inter alia), that every constable of any parish or place, — 
 and every relieving officer and overseer of any parish, — who shall have 
 knowledge that any person in such parish or place not a pauper, and 
 not wandering at large within such parish or place, is deemed to be a 
 lunatic, and is not under proper care and control, — or is cruelly treated 
 or neglected by any relative or other person having the care or charge 
 of him,— shall, within three days after obtaining such knowledge, give 
 
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CHAP. II.] Lunatics. 885 
 
 information thereof upon oath [Form No. 4, Oke's " Formulist," 16 & 17 Vict. 
 2nd edit. p. 464] to a justice,— and in case it be made to appear to any "• ^^' 
 
 justice upon such information — or upon the information upon oath 
 of any person whomsoever,— that any person within the limits of his 
 jurisdiction not a pauper, and not wandering at large, is deemed to be 
 a lunatic, and is not under proper care and control, oris cruelly treated 
 or neglected by any relative or other person having the care or charge 
 of hira,— such justice shall either himself visit and examine such person, 
 and make inquiry into the matters so appearing upon such information, 
 —or by an order [Form No. 5, Oke's "Formulist," 2nd edit. p. 464] 
 authorize some physician, &c. to visit and examine such person and 
 make such inquiry, and to report in writing to such justice his opinion 
 thereupon ; — and in case upon such personal visit, examination and 
 inquiry such justice, or upon the report of such physician, it appear to 
 such justice that such person is a lunatic, &c., the justices by an order 
 [Form No. 6, "Formulist," 2nd edit. p. 464] may require any constable 
 of the parish or place, or any relieving officer or overseer of the parish 
 where such person is alleged to be, to bring him before any two justices 
 of the same county or borough ; — and the justices before whom any 
 such person is brought shall call to their assistance a physician, &c. 
 and shall examine such person, and make such inquiry relative to such 
 person as they shall deem necessary ; — and if upon examination of such 
 person or other proof, * * * such two justices be satisfied that such 
 person so brought before them is a lunatic, and is not under proper 
 care and control, or is cruelly treated or neglected by any person 
 having the care or charge of him, and that he is a proper person to be 
 taken charge of and detained under care and treatment, — and if such 
 physician, &c. sign a certificate according to the form in schedule F. 
 No. 3 [Oke's "Formulist," 2nd edit. p. 466, No. 7], the said justices, 
 by an order [Form, No. 7, "Formulist," 2nd edit. p. 465], may direct 
 such person to be received into such asylum, hospital registered or house 
 licensed [as mentioned, ante, p. 878] ; — and the constable, relieving 
 officer or overseer who may have brought such person before the 
 justices, — or any constable whom such justices may require so to do, — 
 is forthwith to convey the lunatic to the asylum, &c. The pro- 
 visions of s. 68, as to the examination of the lunatic at his own abode, 
 for the suspension of the order, and the relative taking charge of the 
 lunatic, set out, ante, p. 884, as to wandering lunatics, are equally 
 applicable here, except that in this case the matters there required to 
 be done by one justice must be done by two justices. 
 
 To what Asylum to be removed.'] Same as s. 72, ante, p. 878. 
 
 Amendment of Order and Certificate.'] Same as s. 87, ante, p. 
 879. 
 
 (2). Costs of Maintenance, SfC, out of Lunatic's Property. 
 
 Justices may authorize Sale of Estate, 4*0.] Sect. 104, ante, p. 881, 
 is not applicable to these, but s. 94, p. 886, is. 
 
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886 As to Matters to be done in Petty Sessions, [part hi. 
 
 16 & 17 Vict. Liahility of Relation.'] See s. 105, ante, p. 882 ; and see tit. "Poor," 
 c- 97- post, as to "Maintenance of Relations," and Arch, on Lunatic Actg, 
 
 pp. 92—97. 
 
 Application to Relative or Friend for Payment.'] By s. 94, " where 
 any lunatic shall be sent to any asylum, registered hospital or licensed 
 house, under any order made by virtue of the authority hereinbefore 
 given to too justices 13, if it appear to such justices that such lunatic 
 hath an estate applicable to his maintenance, and more than sufficient to 
 maintain his family (if any), it shall be lawful for such justices to make 
 an application in writing under their hands and seals [Form, No. 18, 
 Oke's "■Farmulist," 2nd edit. p. 477] to the nearest known relative or 
 friend of such lunatic, for the payment of the charges of the examina- 
 tion, removal, lodging, maintenance, clothing, medicine and care of such 
 lunatic ; — and in case such charges be not paid within one month after 
 such application, it shall be lawful for the same or any other justices, 
 by an order under their hands and seals [Form No. 19, Oke's "For- 
 mulist" 2nd edit. p. 478], to direct a relieving officer or overseer of the 
 parish from which such lunatic shall be sent, or where any property of 
 such lunatic shall be, to seize so much of the money, and to seize and 
 seU so much of the goods and chattels, and take and receive so much 
 of the rents and profits of the lands and tenements of such lunatic, and 
 of any other income of such lunatic, as may be necessary to pay the 
 charges of the examination, removal, lodging, maintenance, clothing, 
 medicine and care of such lunatic, accounting for the same to the 
 same or any other justices, such charges having been first proved to 
 the satisfaction of the said justices, and the amount set forth in such 
 order ; — and if any trustee or other person having the possession, cus- 
 tody or charge of any property of such lunatic, or if the governor and 
 company of the Bank of England, or any other body or person having 
 in their or his hands any stock, interest, dividend or annuity belonging 
 or due to such lunatic, pay the whole or any part thereof to any over- 
 seer or relieving officer to defray the charges set forth in such order, 
 the receipt of such overseer or relieving officer shall be a good dis- 
 charge to such trustee, governor and company, or other body or 
 persons as aforesaid." 
 
 Expenses of Examination to be paid by Gimrdians, Sfc. until re- 
 paid.] By a proviso to this section (s. 94), "notwithstanding it may 
 appear to the said justices that such lunatic hath such estate as afore- 
 said, it shall be lawful for such justices, in the meantime and until such 
 charges as aforesaid shall be paid in pursuance of such application or 
 order as aforesaid, to make an order on the guardians of the union or 
 parish, or the overseers of the parish, from which such lunatic shall be 
 sent for confinement, for payment of the charges of removal, lodging, 
 
 13 This section is not applicable to the case of a lunatic who is a pauper, 
 or wandering at large. See observations at 20 J. P. 562 thereon. 
 
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CHAP. II.] Lunatics. 887 
 
 maintenance, clothing, medicine and care of such lunatic;— and such 16 & 17 Vict. 
 
 guardians or overseers shall be reimbursed such charges under any "• ^^' 
 
 order to be made as aforesaid for payment of such charges out of the 
 
 property of the lunatic, unless the same be sooner repaid by some 
 
 relative or friend of such lunatic in pursuance of such application as 
 
 aforesaid." 
 
 IV. As to Appeals against Orders. 
 
 For Refusal of an Order.'] Any person aggrieved by any refusal 
 of an order of any justice or justices as aforesaid, may appeal to the 
 next general or quarter sessions, on giving fourteen days' notice 
 (s. 106). 
 
 Against Order adjudicating Settlement."] The guardians of any 
 union or parish, or the overseers of any parish, aggrieved by any order 
 adjudicating the settlement of any lunatic, may appeal against the 
 same to the next general quarter sessions of the peace for the county 
 in behalf of which such order has been obtained, — or in which the 
 parish or union obtaining such order is situate, — or in case such parish 
 or union extend into several jurisdictions, then to the sessions for the 
 county or borough in which the asylum, &c. in which such lunatic 
 is or has been confined is situate (s. 108) 14- 
 
 Various other provisions are contained in the act, which are similar 
 to those in the 11 & 12 Vict. c. 31, as to removal orders of paupers 
 not being lunatics, viz. : — copy of depositions to be furnished by the 
 justices' clerk on application (s. 109) ; — no appeal, if notice not given 
 within a certain time after notice of order (s. 110); — grounds of 
 appeal to be stated (s. Ill); — as to the sufBciency of statement of 
 grounds of adjudication or appeal ; power to amend statement (s. 112) ; 
 — power for court to amend order on account of omission or mistake 
 (s. 113) ; — party making frivolous or vexatious statement of grounds 
 liable to pay costs (s. 114) ; — party losing appeal to pay such costs as 
 court may direct (s. 115); — decisions of courts upon hearing appeals 
 to be final (s. 116) ; — abandonment of orders before or after notice of 
 appeal (s. 117) ; — guardians and ofiBoers interested in appeals to have 
 access to the lunatic to examine him (s. 119). 
 
 Appeal against other Orders.^ See s. 128, Note 162, ante, p. 365. 
 
 V. Removal, Discharge, Escape, Sf-c. of Lunatics. 
 
 Removal.] By s. 77, any two of the visitors of any asylumy being 
 
 justices, may direct the removal of a pauper lunatic to the asylum of a 
 
 county or borough, from any other asylum, hospital or licensed house, 
 
 — or may order his removal from the county or borough asylum to 
 
 14 This clause does not give the right to appeal by a county upon whom 
 ap order is made under s. 98, ante, p. 881. In Reg. v. Justices of West 
 Riding of Yorkshire ( Halifax v. Leeds), 26 L. J. (N. S.) M. C. 41 ; 3 Jur. 
 (N. S.) 132, it was held that the guardians of the union as well as the over- 
 seers have a right of appeal under this section. 
 
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888 As to Matters to be done in Petty Sessions. [paht hi. 
 
 16 & 17 Vict, any other asylum, hospital or licensed house (vide Forms of Order, 
 g-^'^- Nos. 21,, 23, Oke's " Formulist," 2nd edit, pp. 479, 480)15- The 
 
 commissioners in lunacy have the like power (s. 82). The order 
 already made for the charges of the maintenance in the first asylum is 
 equally applicable in respect of the like charges in the latter asylum 
 (s. 101). The expenses of removal will be borne by the parish, &c. to 
 which the lunatic is chargeable (s. 120). 
 
 Discharge.] By s. 79, any three visitors of an asylum may order 
 the discharge of any person detained therein, whether he be recovered 
 or not ; and any two visitors, with the advice in writing of the medical 
 officer, may discharge any person detained therein, or permit him to be 
 absent from the asylum upon trial. By s. 80, when the visitors order 
 a pauper lunatic to be removed, they may, if they see occasion, send 
 a notice of their intention to the overseer of the parish of his settle- 
 ment, — or, if the settlement be not adjudged, to the overseers of the 
 parish from which he was sent,— or to the relieving officer of the union 
 if he be chargeable to the union fund ; — and upon receipt of such notice, 
 such overseers or relieving officer shall remove the pauper to their 
 parish, or to the workhouse of the union, at the expense of such parish 
 or union, under a penalty of not exceeding lOZ. — the expense of such 
 discharge and removal being borne by the parish, &c. to which the 
 lunatic is chargeable (s. 120). By s. 81, the committee of visitors of 
 an asylum may discharge a pauper lunatic confined therein, upon the 
 application of a relative or friend, such relative or friend giving an 
 undertaking, to the satisfaction of such visitors, that such lunatic shall 
 no longer be chargeable to any union, parish or county, and shall be 
 properly taken care of, and be prevented from doing injury to him- 
 self or others. 
 
 Sseape.] By s. 88, the person duly received into any asylum, &e. 
 may be detained therein until he be removed or discharged as au- 
 thorized by the act, and in case of escape may be retaken at any time 
 within fourteen days after his escape 16 — by the superintendent or 
 proprietor of such asylum, &c., — or any officer or servant belonging 
 thereto, — or any other person authorized in writing in this behalf by 
 such superintendent or proprietor, — and conveyed to and received and 
 detained in such asylum, &c. 
 
 15 This section is restricted by s. 78, which provides that pauper lunatics 
 are not to be received into any other than the county or borough asylum 
 without endorsement of the order by a visitor. But 18 & 19 Vict. t. 105, 
 s. 8, extends the sect. 77 of 16 & 17 Vict. c. 97 (subject to s. 78), so as to 
 authorize the removal of a lunatic from and to a registered hospital or 
 licensed house, as well as a county or borough asylum. 
 
 16 After this time the lunatic can only be taken and conveyed back to 
 the asylum, &c., by an order of a justice, in like manner as upon his being 
 sent there in the first instance (Arch, on Lunatic Acts, 211). 
 
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CHAP. II.] Lunatics. 889 
 
 16 & 17 Vict. 
 VI. As to Private Patients. c. 97. 
 
 A private patient is to mean every patient vi'ho is not a pauper 
 (8 & 9 Vict. c. 100, s. 114). 
 
 deception in Hospital, ^c] One justice or clergyman and relieving 
 officer may, on a certificate of two physicians, &c. order the removal 
 of a person (not a pauper) into a licensed house or hospital (16 & 17 
 Vict. c. 96, s. 4 ; Form of Order, No. 8, p. 466, Oke's " Formulist," 
 3nd edit.) ; but if the examination of two physicians, &c. cannot be 
 obtained, he may be admitted on one, the other certificate being ob- 
 tained within three days after reception (s. 5). A relative may also 
 make a request for the reception of a lunatic into a public asylum, on 
 the certificate of two physicians (see 16 & 17 Vict. c. 97, ss. 74, 76). 
 
 Discharge or Removal.'] The person who signed the order may 
 order the removal or discharge of the patient from an asylum (16 & 17 
 Vict. c. 97, ss. 83, 84). A similar provision is contained in s. 86, as 
 to the removal to a licensed house or registered hospital (and see 
 16 & 17 Vict. c. 96, s. 20). 
 
 VII. Justices as Visitors of Asylums. 
 
 The powers of justices of the peace as visitors of asylums may be 
 concisely stated to be — 
 
 With respect to public lunatic asylums, they are elected annually 
 by the justices at the Epiphany sessions (16 & 17 Vict. c. 97, ss. 33, 
 23,24). 
 
 With respect to private asylums, &c., three or more justices to be 
 appointed at Michaelmas sessions in every year, to act as visitors of 
 every or any house or houses licensed for the reception of lunatics, 
 with the exception of those within the jurisdiction of the commissioners 
 in lunacy (8 & 9 Vict. c. 100, s. 14), who are to take an oath (Id. s. 17). 
 As to the appointment of their clerk, see sections 21, 33. 
 
 Two at least of visitors to visit every licensed house within their 
 jurisdiction four times a year at the least in the daytime (s. 18), or iu 
 the night (s. 71). 
 
 They may regulate the dietary of pauper lunatics in such houses, 
 &c. (Id. s. 82). They may allow the friends of patients, or medical 
 men employed by them, to visit them (Id. s. 85) ; may make special 
 visits to a patient in house licensed by justices, and, if they think fit, 
 order him to be discharged (Id. ss. 77, 79, 80). They may order the 
 removal of pauper lunatics, to or from an asylum, &c. (see s. 77 of 
 16 & 17 Vict. c. 97, ante, p. 887), and likewise their discharge (ss. 79 
 and 81, ante, p. 888). 
 
 They may make orders for the costs of maintenance, &c. of a pauper 
 lunatic upon guardians or overseers (Id. s. 96, ante, p. 879) ; also for 
 reimbursing to the county of such costs where the settlement parish is 
 subsequently ascertained (s. 99, ante, p. 881); also the order to sell 
 
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890 As to Matters to he done in Petty Sessions, [part hi. 
 
 lunatic's effects (s. 104, ante, pp. 881, 882), and the recovery of all 
 costs and expenses (s. 121, ante, pp. 882, 883). 
 
 VIII. Insane Prisoners \;t- 
 1 & 2 Vict. Criminal Lunatics.-] By s. 2, if any person shall be discovered and 
 
 «=• !*• apprehended under circumstances that denote a derangement of mind 
 
 and a purpose of committing some crime, for which, if committed, he 
 would be liable to be indicted, two justices of the county, &o. may call 
 to their assistance a medical man, and if person deemed insane, or a 
 dangerous idiot, they may order him to be conveyed to an asylum, 
 hospital or licensed house, or liberated if not insane (s. 3). Justices to 
 inquire into his settlement, and make order on parish for maintenance; 
 if settlement cannot be ascertained, then upon the treasurer of the 
 county (s. 2). The settlement can be inquired into at any time, and 
 is not limited to the time of making the order by which the lunatic 
 was conveyed to the asylum, but no order can be made on the county 
 for the expenses until the justices have inquired into, or failed to ascer- 
 tain, the place of settlement {Beg. v. Clerk of Peace of W. R. York- 
 shire, 20 L. J. (N. S.) M. C. 18 ; 15 J. P. 53). (Forms of Orders, 
 Nos. 23—25, pp. 480—482, Oke's " Formulist," 2nd edit.) Appeal 
 to the sessions (see s. 2). 
 3 & 4 Vict. Insane Prisoners.'] By s. 1, if any person, while imprisoned in any 
 
 t. 54. prison, under sentence of death, transportation or imprisonment, or 
 
 under a charge of any offence, or for not finding bail for good be- 
 haviour or to keep the peace, or to answer a criminal charge, or in 
 consequence of any summary conviction or order, or under any other 
 than civil process, shall appear to be insane, two justices of the county 
 may inquire as to his insanity ; — if certified by such justices to secre- 
 tary of state that he is insane, he is to grant a warrant for his removal 
 to a lunatic asylum. By s. 2, justices are to inquire into the settlement 
 of such prisoner, and make an order on the parish for his maintenance. 
 When settlement not found, order to be made on treasurer of county 
 {Reg. V. Clerk of Peace of W. R. Yorkshire, supra). In case the 
 person is possessed of property, it shall be applied by justices' order 
 towards the expense (Forms, Nos. 26, 27, pp. 482, 483, Oke's "For- 
 mulist," 2nd edit.) See In re Simpson, 20 L. J. (N. S.) M. C. 231. 
 Appeal against orders of justices (ss. 4, 5). 
 
 By s. 3, where persons charged with misdemeanor are acquitted on 
 the ground of insanity, the like powers as in s. 2, for two justices to 
 inquire into settlement and make orders for maintenance, are given. 
 
 10 & 11 Vict, 
 c. 14. 
 
 MARKETS AND FAIRS. 
 'The Markets and Fairs Clauses Act, 1847," 10 & 11 Vict. c. 14, 
 
 17 By s. 133 of the 16 & 17 Vict. c. 97, none of its provisions are to 
 affect these acts of 1 & 2 Vict. c. 14, 3 & 4 Vict. c. 54, and 39 & 40 Geo. 3, 
 c. 94, as to criminal lunatics. 
 
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CHAP. II.] Markets and Fairs— Master and Servant. 891 
 
 the extent of which is shown in Note 182 a> ante, p. 384, provides for 10 & 11 Vict. 
 
 14. 
 
 various matters being heard and determined before justices, viz. :- 
 
 The mode of determining questions of compensation with regard to 
 lands purchased or taken is to be the same as under the 8 & 9 Vict, 
 c. 18 (title "Lands Clauses Act," ante, pp. 868, 869), s. 6. 
 
 Correction of errors and omissions in schedule to special act, by two 
 justices (s. 7). 
 
 One justice may order carcases of cattle unfit for human food to be 
 destroyed or otherwise disposed of (s. 20). 
 
 Two justices may grant a certificate of the market place or place 
 for a fair or slaughter house being completed and lit for public use 
 (s. 32). 
 
 Disputes respecting stallage, rent or toll may be determined by a 
 justice, and levied by distress (s. 39). 
 
 Damages, &c. to be determined and recovered under the 8 & 9 Vict, 
 c. 20 (s. 52). See title " Railways," post. 
 
 MASTER AND SERVANT. 
 
 Secoven/ of Wages. "l By s. 1, a justice, where the master or mistress 20 Geo. 2, 
 inhabits, may summon the master or mistress — [or in case of his or her "' *"• 
 absence, or residence at considerable distance from the place of busi- 
 ness, their steward, agent, bailiff, foreman or manager (4 Geo. 4, 
 c. 34, s. 4)] —for wages due to servants in husbandry hired for one year 
 or longer [or for less than a year (31 Geo. 2, c. 11, s. 3)], of not ex- 
 ceeding £10 ; and to artificers, handicraftsmen, miners [and to tinners 
 and miners in the stannaries of Devon and Cornwall (27 Geo. 2, c. 6, 
 s. 2)], colliers, keelmen, pitmen, glassmen, potters [and any person 
 employed in the manufacture of hats and in fustian, iron, leather, Jur 
 and hemp manufactures (lO'Geo. 4, c. 52)], not exceeding £5 ; — and 
 on proof to make order for payment of what shall appear duel [within 
 such period as the justices shall think proper (4 Geo. 4, c. 34, s. 5)] ; 
 —and in case of refusal or non-payment [within twenty-one days from 
 the date of the order, when the steward, &c. is summoned (4 Geo. 4, 
 c. 34, s. 4)], the same to be levied by distress of the goods and chattels 
 of the master or mistress. In default of distress, imprisonment 2 for 
 not exceeding three calendar months under 11 & 12 Vict. c. 43, s. 22 
 (ante, p. 179), unless the amount ordered, with the costs of distress 
 and the commitment and conveyance to gaol, shall be sooner paid. 
 
 Time qf Proceeding — Forms.] The complaint should he made within 
 
 1 The justices may settle disputes when the wages are payable partly in 
 money and partly in goods {Reg. v. Bedwell, 24 L. J. (N. S.) M. C. 17 ; 19 
 J. P. 164). 
 
 2 Before the 11 & 12 Vict. c. 43, which is applicable to these complaints 
 for wages, there was no power under the statutes to imprison the master in 
 case of there being no sufficient distress (Wifes v. Cooper, 3 A. & E. 524; 5 
 N. & M. 276, S. C.) 
 
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892 As to Matters to he done in Petty Sessions, [pakt hi. 
 
 20 Geo. 2, six calendar months after the wages became due (11 & 12 Vict. c. 43, 
 >>• 19. g_ 11^ g^nfg^ p. 95). See ante, p. 116, for the process to be issued, and 
 
 ante, p. 126, for the proceedings on the hearing, and p. 185, as to en- 
 forcing the order. Forms of Complaint, &c., Nos. 1—4, pp. 483, 484, 
 Oke's " FormuKst," 2nd edit. There is no right of appeal against an 
 order of justices under 4 Geo. 4, c. 34, s. 6, for payment of wages 
 upon complaint on 20 Geo. 2, c. 19 (.R. v. Bedivell, supra). 
 
 As to the nature of the contract, &c. within the justices' jurisdiction, 
 see Nvte 185, ante, p. 391 ; but in cases where it is doubtful whether 
 the servant or the nature of the contract be within their jurisdiction, 
 a remedy is given to the servant by the County Courts Act, 9 & 10 
 Vict. c. 95, ss. 58, 64. 
 
 As to arbitrations between masters and workmen, see 5 Geo. 4, 
 c. 96. 
 
 MERCHANT SHIPPING. 
 17 & 18 Vict. Revising lists of Voters for Members of Local Marine Board.} 
 <=• 104. By s 123^ t^o justices, nominated by the mayor of the seaport at 
 
 which there is a local marine board, are between the 8th and 15th day 
 of January in every year to revise the list of persons entitled to vote 
 at the election of members of such board at the custom house of the 
 port, or in some convenient place near thereto, of which revision three 
 days' notice is to be given by advertisement; and such list when 
 revised, &c. is to be signed by the justices and handed to the mayor 
 for printing. The register of ships registered, &c. is to be produced 
 to the justices if required (s. 114). The justices are to certify the 
 expenses of making, revising and printing the list, which are to be 
 paid by the Board of Trade (s. 115). 
 
 Recovery of Pilotage Dues-I By s. 363, pilotage dues payable from 
 the owner, master of ship or consignee of goods, after demand in 
 writing seven days previously may be " recovered in the same manner 
 as penalties of the like amount may be recovered under the act,"— i. e. 
 within six months (s. 525, art. 3), before two or more justices (s. 518, 
 art. 3), or one stipendiary magistrate (s. 519), either where the com- 
 plaint actually arose, or where the person complained against may be 
 (s. 520), after summons, which may be served on board ship (s. 522), 
 by distress of the defendant's goods [and if owner or master summoned, 
 on the ship's tackle, &c., s. 523], and in default of distress, imprison- 
 ment without hard labour for not exceeding three calendar months, 
 unless sooner paid (11 & 12 Vict. c. 43, s. 19, ante, p. 175; and s. 22, 
 ante, p. 179). The scale of pilotage is given in Table U. to the act 
 (see s. 333). Payment of pilotage dues from foreign ships trading to 
 and from the port of London is enforced in the same manner (see ss. 
 381 — 383). There would not be an appeal, as s. 518, art. 4 {Note 
 189, ante, p. 395), applies to convictions only. 
 
 Recovery of Expenses of abating False Lights prohibited.l The 
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CHAP. 11.] Merchant Shipping — Military Lam (Army). 893 
 
 general lighthouse authority may prohibit false lights, and if after notice 17 & 18 Vict. 
 
 c. 104. 
 
 the same is not extinguished or screened, may by their servants, &o., 
 extinguish the light or fire, the expenses of doing which may be re- 
 covered from the owner, &c. " in the same way as penalties" (ss. 415, 
 416), see mode, supra. 
 
 Detention of Certificate of Hegistry of Ship.] See ss. 48, 50, 51 ; 
 see Offence, No. 5, ante, p. 394. 
 
 See further, tit. "Merchant Shipping," ante, pp. 392 — 418, and 
 "Seamen," and " Wreck and Salvage," post. 
 
 MILITARY LAW (ARMY). 
 
 Swearing Recruits.^ Within four days (any intervening Sunday, 21 Vict. t. 9. 
 Christmas Day, or Good Friday, not included, although an enlistment 
 on a Sunday is not void under 29 Car. 2, c. 7 {Wolton v. Gavin, 20 
 L. J. (N. S.) Q. B. 73 ; 16 Jur. 329) ), and not more than twenty- 
 four hours after enlistment, before a justice where recruit enlisted, not 
 being an oflScer in the army. Questions in schedule to be put, read 
 over, oath to be administered, and certificate thereof given to recruit 
 (s. 55) ; fee \s. to justices' clerk. 
 
 Smart Money.'\ Discharge on paying within four days 20s., with 
 subsistence and beer money paid to recruit ; payment to be reported to 
 secretai-y at war (s. 56) ; fee Is. 
 
 Deserters.'\ By s. 46, when a person suspected to be a deserter is 
 brought by a constable, or an officer or soldier or other person, before 
 a justice " living in or near the place where he was so apprehended, 
 and acting for the county or borough wherein such place is situate, or 
 for the county adjoining such first mentioned county or such borough," 
 he is to "inquire whether such suspected person is a deserter, and if it 
 shall appear by the testimony of one or more witnesses, taken upon 
 oath, or by the confession of such suspected person, confirmed by 
 some corroborative evidence upon oath, or by the knowledge of such 
 justice, or by evidence sufficient to satisfy such justice that there are 
 reasonable grounds for believing that such suspected person is a de- 
 serter," the justice is forthwith to cause him to be conveyed in civil 
 custody to the head quarters or depot of the regiment or corps to which 
 he belongs, if stationed within a convenient and easily accessible dis- 
 tance from the place of commitment, — or if not so stationed tlien to 
 the nearest or most convenient public prison (other than a military 
 prison set apart under the authority of this act) or police station 
 legally provided as a lock-up house for temporary confinement of 
 persons taken into custody, whether such prison or police station be 
 in the county or borough in which such suspected person was appre- 
 hended or in which he was committed, or not;— or if the deserter has 
 been apprehended by a party of soldiers of his own regiment or corps 
 in charge of a commissioned officer, the justice may deliver him to 
 such party, unless the officer deem a committal necessary, The jus- 
 
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894 As to Matters to be done in Petty Sessions, [part hi. 
 
 21 Vict. c. 9. tice is to transmit a statement in the form in the act of the committal, 
 &c., and a report of the names of the persons apprehending the de- 
 serter to the " Secretary of State for War, War Department, Horse 
 Guards, London ;'' who will send the justice an order for not exceeding 
 40s. as a reward to the person apprehending. The justices' clerk is 
 also to have a fee of 3s. for the information, commitment and report 1. 
 
 Extension of Furlough.'] To be granted by one justice for not ex- 
 ceeding one month, in case soldier detained by sickness or other casualty 
 rendering necessary such exiension of furlough, and, where there is no 
 military officer of rank not inferior to captain or any adjutant of 
 militia within convenient distance : the justice to certify same by letter 
 to commanding officer of the corps, &c. ; if not known, to the agent 
 of the regiment (s. 50). Forms Nos. 6, 7, pp. 486, 487, Oke's "For- 
 mulist,'" 2nd edit. 
 
 Licences of Canteens.] By s. 100, "when any person shall hold 
 any canteen under proper authority of the war department, it shall be 
 lawful for any two justices within their respective jurisdictions to grant 
 or transfer any beer, wine or spirit licence to such persons, without 
 regard to time of year or to the notices or certificates required by any 
 act in respect of such licences ; — and the commissioners of excise, or 
 their respective officers, within their respective districts, shall also 
 grant such licences as aforesaid;— and such persons so holding can- 
 teens, and having such licences, may sell therein victuals and excise- 
 able liquors, as empowered by such excise licence, without being 
 subject to any penalty or forfeiture." 
 
 Apprentices Enlisting.] See ss. 62, 63. Forms Nos. 17, 18, p. 409, 
 Oke's "Formulist," 2nd edit. 
 
 Wages of Servant enlisting.] See s. 64. 
 
 By 10 & 11 Vict. c. 37, s. 1, the time of service in the army is 
 limited ; and see 12 & 13 Vict. c. 73. 
 
 Vide tit. "Military Law," ante, pp. 418—422, for offences punish- 
 able summarily; and tit. "Enlistment," ante, pp. 724, 726, for 
 offences indictable. 
 
 MILITIA. 
 17 & 18 Vict Militiamen not attending training and exercise, or absenting them- 
 selves during training, &c., and being brought before a justice at any 
 time within the period of their engagement in the militia may be dealt 
 ■with [by convicting in a penalty not exceeding £10, s. 45, Offence 2, 
 ante, p. 422, tit " Militia," or] by commitment to safe custody until 
 an escort can be sent for them, if the regiment, &c. be then out for 
 training and exercise ;— and the justice is to send a report in the form 
 given in the act to the secretary at war (s. 46). 
 
 , 105. 
 
 1 Vide Forms of Information, Commitment and Descriptive Return and 
 ^'■""■"'"■"'^iryof State for War (with -'-='■■ ■ • ... 
 
 t" 2nd ed. pp. 484—486 
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 i , .»» ^„.„., ui j.morniaHon, commitment ana Descriptive Return and 
 
 nf ''?".!°r,^^"^'"5' °^ ^*^^ ^°'' ^^"^ ('»'•* which it is usual to send a letter), 
 UKe s "Formulist," ''"■' -^ — ■">•• ""> ' 
 
CHAP. II.] Militia — Navy (Marine Forces). 895 
 
 .73. 
 
 NAVAL COAST VOLUNTEERS. 
 
 By 8. 17, the laws relating to her Majesty's navy (title "Navy, 16 & 17 Vict 
 Seamen in Her Majesty's," p. 896), are to apply to these volunteers, 
 officers, &c. during exercise and when in actual service ; and by s. 21, 
 "if any volunteer under this act, or any officer or man of the coast 
 guard, or of any of her Majesty's revenue cruisers, seaman, rigger, or 
 other person required to serve in the navy under this act, shall not, at 
 or within such time as may be appointed by any order of the lord high 
 admiral, or commissioners for executing the office of lord high admiral, 
 made under this act, appear for the purpose of entering into actual 
 service, or join any of her Majesty's ships or vessels which he may be 
 required to join for that purpose, — every such person so offending 
 shall be liable to be apprehended and punished in the same manner as 
 any person belonging to her Majesty's navy and deserting or impro- 
 perly absenting himself from duty." 
 
 [See this title, ante, pp. 422—424, for offences punishable sum- 
 marily.] 
 
 NAVIGABLE RIVERS, &c., see tit. " Constables," ante, p. 823. 
 
 NAVY (MARINE FORCES). 
 
 Swearing Recruits.] Sect. 59. 21 Vict. c. 7. 
 
 Smart Money.'] Sect. 60. 
 
 Beserters.l By s. 50, when a person suspected to be a deserter is 
 brought by a constable, or an officer, or marine, or soldier, or other 
 person, before a justice " living in or near the place where he was so 
 apprehended, and acting for the county or borough wherein such place 
 is situate^ or for the county adjoining such first mentioned county or 
 such borough," he is to " inquire whether such suspected person is a 
 deserter, and if it shall appear by the testimony of one or more wit- 
 nesses taken upon oath, or by the confession of such suspected person, 
 conflrmed by some corroborative evidence upon oath, or by the know- 
 ledge of such justice, or by evidence sufficient to satisfy such justice, 
 that there are reasonable grounds for believing that such suspected 
 person is a deserter," the justice is forthwith to cause him to be con- 
 veyed in civil custody to the head quarters or depot of the division to 
 which he belongs, if stationed within a convenient and easily accessible 
 distance from the place of commitment, — or if not so stationed then to 
 the nearest or most convenient public prison (other than a military 
 prison) or police station legally provided as the lock-up house for 
 temporary confinement of persons taken into custody, whether such 
 prison or police station be* in the county or borough in which such 
 suspected person was apprehended or in which he was committed, or not; 
 — or if the deserter shall have been apprehended by a party of marines 
 m charge of a commissioned officer, the justice may deliver him up to 
 such party, unless the officer shall deem it necessary to have the 
 
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896 
 
 21 Vict. c. 7. 
 
 As to Matters to be done in Petty Sessions, [part hi. 
 
 deserter committed to prison for safe custody. The justice is to transmit 
 an account thereof, in the form prescribed in the schedule annexed to 
 the act, to the secretary of the admiralty, specifying thereon whether 
 such deserter was delivered to a party of marines in order for his bemg 
 taken to the head quarters or dep6t of his division, or whether such 
 deserter was committed to prison, to the end that the person so com- 
 mitted may be removed by an order of the lord high admiral, or the 
 commissioners for executing the office of lord high admiral, and pro- 
 ceeded against according to law, and a report stating the names of 
 the persons by whom the deserter was apprehended and secured, who 
 will transmit to the justice an order upon the proper department for 
 the payment of the sum of 20«. as a reward to the person so certified 
 to be entitled thereto. For the information, commitment and report 
 the clerk of the justice is entitled to a fee of 2s., which the gaoler or 
 other person iuto whose custody the deserter is committed is to pay, as 
 well as a fee of 2s. fid. to the medical practitioner, and notify the fact 
 to the secretary of the admiralty, with a copy of the commitment, who 
 will order repayment of the same 2- 
 Extmsion of Furlough.] Sect. 55. 
 Apprentices enlisting.] Sects. 63, 64, 65. 
 Wages of Servants enlisting.] Sect. 66. 
 
 Licences of Canteens.] By s. 88, "it shall be lawful for any two 
 justices of the peace, within their respective jurisdictions, to grant or 
 transfer any licence for selling by retail any spirit, beer, wine, cider or 
 perry to any person or persons applying for the same who shall hold 
 any canteen under any lease thereof, or by agreement with any de- 
 partment or other authority under the said lord high admiral, or the 
 commissioners for executing the office of lord high admiral for the 
 time being, without regard to the time of year, or any notices or cer- 
 tificates required by any act in respect of such licences ; and the com- 
 missioners of excise, or their proper officers, within their respective 
 districts, shall also grant or transfer any such licence as aforesaid ;— 
 and such persons holding such canteens, and having such licence as 
 aforesaid, may sell therein victuals, and all such exciseable liquors as 
 they shall be licensed and empowered to sell, without being subject for 
 so doing to any penalty or forfeiture whatever." 
 
 [See this title, ante, p. 426, for offences punishable summarily.] 
 
 NAVY, SEAMEN IN HER MAJESTY'S. 
 
 10 & 11 Vict. Deserters.] By s. 9, when a person suspected to belong to her 
 
 <=• 62. Majesty's navy, and to be a deserter or improperly absent from duty, 
 
 is brought before a justice by a constabler or other person, he is to 
 
 " examine such suspected person, and if by his confession, or the 
 
 2 The forms given in the act are very similar to those referred to in 
 Note 1, p. 894, applicable to soldiers. 
 
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CHAP. II.] Navy {Seamen in Her Majesty's) — Nuisances. 897 
 
 testimony of one or more witness or witnesses upon oath, or by the 10 Sell Vict, 
 knowledge of such person, it shall appear that any person brought °" 
 
 before him is a person belonging to her Majesty's navy improperly 
 absent from duty, such justice shall forthwith cause him to be con- 
 veyed to the nearest or most convenient public prison, — and shall 
 transmit an account thereof to the secretary of the admiralty, or to 
 any commander-in-chief or officer commanding any one of her Ma- 
 jesty's ships or vessels, with a description of such person and the name 
 of the ship or vessel to which he shall or may be suspected to belong, 
 —or if any such offender shall be apprehended by any person in her 
 Majesty's service, or shall be apprehended in the vicinity of any one 
 of her Majesty's ships or vessels in commission, then such justice 
 Bhall order him to be taken on board any such ship or vessel, instead 
 of committing him to prison; — and in all cases the justice shall certify 
 the name of the person by whom the offender was apprehended," — 
 who is entitled to a reward not exceeding £3. 
 
 [See this title, ante, pp. 424—426, for offences punishable sum- 
 marily.] 
 
 NUISANCES. 
 -The present act repeals the previous acts, 11 & 12 Vict. c. 123 and 18 & 19 Vict. 
 12 & 13 Vict. c. Ill, as far as relates to England, and is to be cited in "■ ^^^' 
 proceedings as "The Nuisances Kemoval Act for England, 1855" 
 (s. 46). 
 
 The Local Authority. \ The following bodies are the local authority 
 for executing the act in the several districts (ss. 3, 6) 1 : — 
 
 District. | Local Authority. 
 
 1. Place within the Public Health Act is or shall Local Board of Health, 
 be in force (s. 3). 
 
 2. Place wherein a council exists or shall exist, 
 except cities of London and Oxford, and 
 Cambridge (s. 3). 
 
 3. City of London and the liberties thereof (s. 3). 
 
 4. City of Oxford (s. 3). 
 
 Mayor, Aldermen and 
 Burgesses, by the 
 
 Council. 
 
 Commissioners of 
 
 Sewers. 
 
 Commissioners acting 
 
 under the 
 
 Improvement Act. 
 
 5. Borough of Cambridge (s. 3). The same. 
 
 6. Place in which there is no Local Board of Trustees or Commis- 
 
 Health or council, or where there are or sioners acting under the 
 shall be trustees or commissioners under an' Improvement Act. 
 Improvement Act (s. 3). 1 
 
 7. Place in which there is no Local Board of Board of Highways 
 
 Health, nor council, trustees or coramis- for the place, 
 
 sioners, and where there is or shall be a] 
 board for the repair of the highways of 
 such place (s. 3). I 
 
 1 If more than one of the bodies in this table have jurisdiction in the 
 place where the nuisance exists, the first mentioned is the one who can act. 
 The form of this table was suggested on the perusal of a similar table in 
 three columns in Mr. Keane's ed. of the act. 
 
 °' *• Digitized by Microsoft® ^ 
 
898 
 
 As to Matters to he done in Petty Sessions, [part iir. 
 
 18 & 19 Vict, 
 c. 121. 
 
 District, 
 
 8. Place where there is no Local Board of Health 
 
 council, trustees or commissioners, nor High- 
 way Board, but wherein there is a Nuisances 
 Removal Committee (s. 3) 2- 
 
 9. Place where there is no Local Board of Health, 
 
 council, trustees or commissioners, Highway 
 Board, or Nuisances Removal Committee, 
 but wherein there are inspectors for lighting 
 and watching under 3 & 4 Will. 4, c. 90 (s. 3), 
 
 10. Place in which there is no such Local Board of 
 
 Health, council, trustees or commissioners, 
 Highway Board, or Nuisances Removal Com- 
 mittee, or Inspectors (s. 3). 
 
 11. Extra-parochial place not comprised within 
 
 jurisdiction of any of the above-mentioned 
 authorities, with a population of not less than 
 200 persons (s. 6). 
 
 12. The like extra-parochial place, with a popula- 
 
 tion of less than 200 persons (s. 6). 
 
 Local Authority. 
 The Nuisances Re- 
 moval Committee. 
 
 The Inspectors for 
 
 Lighting and Watching 
 
 under 3 & 4 Will. 4, 
 
 t. 90, with the 
 
 Surveyors of Highways. 
 
 The Guardians and 
 Overseers of the Poor, 
 
 and the 
 Surveyors of Highways. 
 
 Nuisances Removal 
 Committee 3- 
 
 The local authority of 
 
 the adjacent place 
 having the largest com- 
 mon boundary with 
 the extra-parochial 
 places, to which it is to 
 be attached. 
 
 What are Nuisances under the Act.'} Sect. 8 enacts, — the word 
 "nuisances" shall include — 
 
 I. Any premises in such a state as to be a nuisance or injurious to 
 
 health : 
 3. Any pool, ditch, gutter, watercourse, privy, urinal, cesspool, 
 
 drain or ashpit so foul as to be a nuisance or injurious to 
 
 health : 
 
 3. Any animal so kept as to be a nuisance or injurious to health : 
 
 4. Any accumulation or deposit which is a nuisance or injurious 
 
 to health:— provided always, that no such accumulation or 
 deposit as shall be necessary for the effectual carrying on of 
 any business or manufacture shall be punishable as a nuisance 
 under this section, when it is proved to the satisfaction of the 
 justice that the accumulation or deposit has not been kept 
 longer than is necessary for the purposes of such business or 
 manufacture, and that the best available means have been 
 taken for protecting the public from injury to health thereby. 
 
 2 This section enacts, that a committee for carrying the act into execu- 
 tion, by the name of "The Nuisances Removal Committee," of which the 
 surveyor or surveyors of highways for the time being shall be ex officio a 
 member or members, may be annually chosen by the vestry on the same 
 day as the overseers or surveyors ; the committee to consist of not more 
 than twelve members, exclusive of the surveyor or surveyors ; three to be a 
 quorum. ■' 
 
 3 Elected annually by the householders ; the first election at a meeting 
 summoned by the churchwardens of the adjacent parish j subsequent elec- 
 tions on some day on Easter week (see s. 6). 
 
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CHAP. II.] Nuisances. 899 
 
 The act is not to impair the jurisdiction of sewers or drainage com- 18 & 19 Viet. 
 missioDers, or common law remedies for nuisances, nor provisions of "■ ^^'- 
 smoke nuisances, common lodging-houses, municipal corporations, 
 public health or improvement acts (s. 43) ;— nor to affect the naviga- 
 tion of rivers or canals (s. 44) ; — and saves the rights of mill owners 
 and waterwork companies (s. 45). 
 
 As to noxious trades, having unwholesome meat, and overcrowding 
 of houses, upon which there are provisions in the act, vide Offences 
 3—5, title "Nuisances," ante, p. 428, for the penalties imposed. 
 
 Powers of Local Authority.'] To appoint committee to receive 
 notices and take proceedings (s. 5) ; — to appoint a sanitary inspector 
 at a salary (s. 9) ; — to make entry of premises for specified purposes ; 
 — to ground proceedings ; — to examine premises where nuisance 
 exist, &c. ; and to remove or abate a nuisance (s. 11) ; — to abate nui- 
 sance, and charge the cost of abating same to the person on whom 
 justices' order is made (s. 12), but paid out of funds of local autho- 
 rity when owner cannot be found (s. 17); — to cover and improve 
 open ditches (s. 22); — to take proceedings for overcrowding (s. 29); 
 — to order costs of prosecution to be paid out of fund (ss. 30, 7, p. 
 903). 
 
 Preliminary to the Procedure before Justices. ] Notice of the nui- 
 sance is to be given to the local authority by any of the following 
 persons: — any person aggrieved by the nuisance; — the sanitary in- 
 spector or any paid officer of the local authority ; — two or more in- 
 habitant householders of the parish or place; — any constable or any 
 officer of the constabulary or police force of the district or place ;— and 
 in case the premises be a common lodging-house, the person appointed 
 for inspection of common lodging-houses (s. 10). [Vide Form of 
 Notice in act, B., No. 1, Oke's " Formulist," 2nd edit. p. 487.] The 
 local authority may direct an officer to make entry of the premises to 
 see if nuisance exists, previous to which he should give a notice of such 
 his intention [Form C, No. 2, Oke's " Fffrmulist," 2nd edit. p. 487]. 
 If admission to private premises not granted, and also where no person 
 is in possession, a justices' order should be obtained [Form A., No. 3, 
 Oke's " Fmmulist," 2nd edit. p. 488] (s. 11). If the nuisance exists, 
 local authority to direct officer to take proceedings before justices ("ss. 
 5, 12), for which the copy resolution is evidence (s. 32). 
 
 Procedure before Justices.'] Sect. 12 enacts,— "in any case where 
 a nuisance is so ascertained by the local authority to exist,— or where 
 the nnisance, in their opinion, did exist at the time when the notice 
 was given, and, although the same may have been since removed or 
 discontinued, is in their opinion likely to recur or to be repeated on the 
 same premises or any part thereof,— they shall cause complaint [Form 
 No. 4, Oke's "Formulist," 2nd edit. p. 488] thereof to be made before 
 a justice of the peace, and such justice shall thereupon issue a summons 
 [Form D., No. 6, Oke's " Formulist," 2nd edit. p. 489 ; and mode of 
 
 3 m2 
 
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900 As to Matters to be done in Petti/ Sesdons. [part iir. 
 
 18 & 19 Vict, service, &c. p. 904], requiring the person by whose act, default, per- 
 "• ^^ • ^ mission or sufferance the nuisance arises or continues, — or if such person 
 cannot be found or ascertained, the owner or occupier of the premises 
 on which the nuisance arises, — to appear before any two justices in 
 petty sessions assembled at their usual place of meeting, who shall 
 proceed to inquire into the said complaint ; — and if it be proved to 
 their satisfaction that the nuisance exists, — or did exist at the time 
 when the notice was given, — or if removed or discontinued since the 
 notice was given, that it is likely to recur or to be repeated, —the jus- 
 tices shall make an order in writing [Form E., No. 6, Oke's " Far- 
 mulist," 2nd edit. p. 490] under their hands and seals on such person, 
 owner or occupier for the abatement or discontinuance and prohibition 
 of the nuisance as hereinafter mentioned [in s. 13, infra ; and see Ex 
 parte the Mayor, (Sfc. of Liverpool, 27 L. J. (N. S.) M. C. 89],— and 
 shall also make an order for the payment of all costs incurred [for 
 which see post, p. 902] up to the time of hearing or making the order 
 for abatement or discontinuance or prohibition of the nuisance." 
 
 Order for Abatement of Nuisance, and Prohibition against future 
 Nuisance.'] Sect. 13 provides that the justices' order may require in the 
 four descriptions of nuisances set out in sect. 8, ante, p. 898, and which 
 may be conveniently stated in the same order of time, viz. : — 
 
 1. As respects Nuisance No. 1,— "To provide suflBcient privy 
 
 accommodation, means of drainage or ventilation,— or to 
 make safe and habitable, —or to pave, cleanse, whitewash, 
 disinfect or purify— the premises which are a nuisance or 
 injurious to health, or such part thereof as the justices may 
 direct in their order :" 
 
 2. As respects Nuisance No. 2,— "To drain, empty, cleanse, fill 
 
 up, amend or remove the injurious pool, ditch, gutter, water- 
 course, privy, urinal, cesspool, drain or ashpit which is a 
 nuisance or injurious to health,— or to provide a substitute 
 for that complained of:" 
 
 3. As respects Nuisance No. 3,—" To provide for the cleanly and 
 
 wholesome keeping of the animal kept so as to be a nuisance 
 or injurious to health,— or if it be proved to the justices to 
 be impossible so to provide, then to remove the animal:" 
 
 4. As respects Nuisance No. 4,— "To carry away the accumula- 
 
 tion or deposit which is a nuisance or injurious to health :" 
 " or any or all of these things (according to the nature of the nuisance), 
 —or to do such other works or acts as are necessary to abate the 
 nuisance complained of, in such manner and vrithin such time as in such 
 order shall be specified ;— 
 
 "And if the justices are of opinion that such or the like nuisance is 
 likely to recur, the justices may further prohibit the recurrence of it, 
 and direct the works necessary to prevent such recurrence, as the case 
 may in the judgment of such justices require;— 
 
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CHAP. II.] Nuisances. 901 
 
 " And if the nuisance proved to exist be such as to render a house or _ 18 & 1 9 Vict, 
 building, in the judgment of the justices, unfit for human habitation, "• ^^^' 
 
 they may prohibit the using thereof for that purpose until it is rendered 
 fit for that purpose in the judgment of such justices, and on their being 
 satisfied that it has been rendered fit for such purpose they may 
 determine their previous order by another [Order No. 8, Oke's 
 "Formulist," 2nd edit. p. 491], declaring such house habitable, — from 
 the date of which other order such house may be let or inhabited." 
 [Vide Ofiences 1, 2, ante, p. 426, tit. "Nuisances," for penalty 
 for contravention of such an order of abatement or prohibition.] 
 And by s. 14, " the local authority may, under the povi'ers of entry 
 given by the act (see s. 11), enter the premises to which the order re- 
 lates, and remove or abate the nuisance condemned or prohibited, and 
 do whatever may be necessary in execution of such order, and charge 
 the cost to the person on whom the order is made, as hereinafter pro- 
 vided" in 9S. 19, 20, p. 902 ; but it is not imperative on the local 
 authority to take proceedings to enforce the justices' order {In re 
 the Local Board of Health of Ham, 26 L. J. (N. S.) M. C. 64 ; Ex 
 parte Bessett, 7 E. & B. 280 ; 21 J. P. 85). 
 
 The justices may also, when it shall appear to them that the execu- 
 tion of structural works is required for the abatement of a nuisance, 
 direct such works to be carried out under the direction or with the 
 consent or approval of any public board, trustee or commissioners 
 having jurisdiction in the place in respect of such works (s. 16). 
 
 Whenever the person causing the nuisance, or 'the owner or occupier, 
 is not known or cannot be found, the justices may address their order 
 to the local authority, who may execute the works (s. 17) [Form No. 7, 
 p. 491, 2nd edit., Oke's " Formulist. "1 
 
 If the occupier prevent the owner executing the works ordered, a 
 justice may by order in writing require the occupier to desist from such 
 prevention, if he thinks it to be necessary for the purpose of carrying 
 into effect the act (s. 37; [Form of Order, No. 9, G., Oke's "Formu- 
 list," 2nd edit., p. 491]. A penalty of £5 is imposed for disobeying 
 the order, ante, p. 428, Offence 8. 
 
 Nuisances arising in Cases of Noxious Trades.'\ Sect. 27, ante, p. 428. 
 
 Overcrowded Houses.'] Sect. 29 authorizes the local authority, on 
 certificate of medical officer of health, if one, or if none, of two qua- 
 lified medical practitioners, that any house is so overcrowded as to be 
 dangerous or prejudicial to the health of the inhabitants, and the in- 
 habitants shall consist of more than one family, to take proceedings 
 before justices to abate such overcrowding, "and the justices shall 
 thereupon make such order as they may think fit;"— and the person 
 permitting such overcrowding is liable to a penalty of not exceeding 
 40s. (see p. 428, Offence 5, tit " Nuisances"). 
 
 Justices' Order to admit Local Authority or Person to enter.'] By 
 
 6. 11, a justice may require the person having the custody of premises 
 ' ■' " ^ Diiiitized by Microsoft® 
 
902 As to 3Iatters to he dune in Petty Sessions, [part hi. 
 
 18 & 19 Vict, where a nuisance exists to admit the local authority of their officer 
 "• ^^1- [Form of Order, No. 3, (A.) in Sched., Oka's "Fm-mulist," 2nd edit, 
 
 p. 488 4 ;] but if no person can be discovered, the justices may au- 
 thorize the local authority to enter the premises, as well as the imme- 
 diate removal, destruction or sale of matters and things removed by 
 local authority, if the delay of keeping them five days would be 
 prejudicial to health (see s. 18). 
 
 Costs of Proceedings and Works, and their recovery from Owners, 
 ^c] Sect. 19 enacts, " all reasonable costs and expenses from time to 
 time incurred in making a complaint, or giving notice to or in obtaining 
 an order of justices under this act, or in carrying the same into effect 
 under this act, shall be deemed to be money paid for the use and at 
 the request of the person on whom the order is made ; — or if the order 
 be made on the local authority, or if no order be made, but the nuisance 
 be proved to have existed when the complaint was made or the notice 
 given, then of the person by whose act or default the nuisance was 
 caused;— and in case of nuisances caused by the act or default of the 
 owner of premises, the said premises shall be and continue chargeable 
 with such costs and expenses, and also with the amount of any penalties 
 incurred under this act, until the same be fully discharged, — provided 
 that such costs and expenses shall not exceed in the whole one year's 
 rackrent of the premises ; — and such costs, and expenses and penalties, 
 together with the charges of suing for the same, may be recovered in 
 any, county or superior court, or, if the local authority think fit, be- 
 fore any two Justices of the peace 5 ; — and the saidjustices shall have 
 power to divide such costs, expenses and penalties between the persons 
 by whose act or default the nuisance arises, in such manner as they 
 shall consider reasonable ; — and if it appear to them that a complaint 
 made under this act is frivolous or unfounded, they may order the pay- 
 ment by the local authority or person making the complaint of the 
 costs incurred by the person against whom the complaint is made, or 
 any part thereof" 6- Sect. 20 enacts, " where any costs, expenses 
 or penalties are due under or in consequence of an order of justices 
 made in pursuance of this act as aforesaid, any justice of the peace, 
 upon the application of the local authority, shall issue a summons [H. 
 No. 19, Oke's "Formulist," p. 492], requiring the person from whom 
 they are due to appear before two justices at a time and place to be 
 named therein;— and upon proof to the satisfaction of the justices 
 
 4 A penalty of 51. is imposed for refusal to obey this order (see Offence 6, 
 ante, p. 428), and on occupier refusing to permit owner to execute the works 
 ordered (Offence 8, p. 428). 
 
 6 The recovery before justices of the peace seems, however, to be the 
 better remedy, as they can apportion the costs, &c., and also where the 
 nuisance arises from the default of more than one person. (Keaue's 
 Nuisances Act, p. M.) ^ 
 
 6 f^ide proceedings, ante, p. 132, on dismissal of a complaint. 
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CHAP. II.] Nuisances. 903 
 
 present that any such costs, expenses or penalties are so due, such 18 & 19 Vict, 
 justices, unless they think fit to excuse the party summoned upon the "• ^^' 
 ground of poverty or other special circumstances, shall, hy order in 
 ■writing [Form I. No. 11, Oke's "Formulist," p. 493], under their hands 
 and seals, order him to pay the amount to the local authority at once, or 
 hy such instalments as the justices think fit, together with the charges 
 attending such application, and the proceedings thereon ;— and if the 
 amount of such order, or any instalment thereof, he not paid within 
 fourteen days after the same is due, the same may, hy warrant [Form 
 K. No. 12, Oke's "Formulist," p. 493] of the said or other justices, be 
 levied hy distress and sale." Jervis's Act, 1 1 & 12 Vict. c. 43, applies ; 
 see s. 38, under which there would be three calendar months' imprison- 
 ment in default of distress (s. 22, ante, p. 179). 
 
 Expenses not recovered from Owners, ^c] Sect. 30 authorizes the 
 expenses of all proceedings directed by the local autliority to be paid 
 by them " out of the rates or funds administered by them under the 
 act;" and by sect. 7, " all charges and expenses incurred by the local 
 authority in executing this act, and not recovered," may be defrayed 
 as follows by the several local bodies set out and numbered 1 to 12, 
 ante, pp. 897, 898 :— 
 
 In No. 1, General district rates : 
 
 In No. 2, Borough fund or borough rate ; or if an improvement 
 act administered by the council, the rates levied there- 
 under : 
 In No. 3, Rates or funds administered by the commissioners of 
 
 sewers for the city : 
 In No. 4, Fund out of which expenses of cleansing the streets are 
 
 payable : 
 In No. 5, The same fund : 
 In No. 6, Rates levied under the improvement act [if none, the 
 
 poor rates] : 
 In No. 7, Highway rates, or fund in lieu thereof [if none, poor 
 
 rates] : 
 In No. 8, The same : 
 
 In No. 9, Rates for lighting and watching [if none, poor rates] : 
 In No. 10, Poor rates, if district is coextensive with the parish or 
 place where the poor rates are collected or arise ; but if the 
 parish or place is partly in and partly out of the limits of a 
 place where a local authority (being a local board of health, 
 council, trustees or commissioners under an improvement act) 
 exists, out of highway rate ; if more than one made, the pro- 
 portion to which the parties or place liable to be settled by 
 local authority. If any part of excluded part is exempted, 
 then out of county or police rate made under 12 & 13 Vict, 
 c. 65: 
 In No. 11, Rate assessed by local authority on property assessable 
 to highway rate : Digitized by Microsoft® 
 
904 As to Matters to he done in Petty Sessions, [paht hi. 
 
 ]8 & 19 Vict. In No. 13, Similar rate assessed by surveyors of highways of the 
 
 c. 121. adjacent place having the largest common boundary with the 
 
 extra-parochial place. 
 Service of Notices, Summonses and Orders— Joinder of Parties— 
 Desiffnation.'] Notices, summonses and orders may be served by deli- 
 vering the same to or at the residence of the persons to whom they are 
 respectively addressed,— and where addressed to the owner or occupier, 
 they may also be served by delivering the same or a true copy to some 
 person on the premises,— or if there be no person on the premises, by 
 fixing the same on some conspicuous part of the premises, — or if the 
 person reside more than five miles from the ofiBce of the inspector, then 
 by a registered letter through the post (s. 31). Several persons may 
 be proceeded against in respect of one nuisance caused by their joint 
 act or default, and included in one complaint, summons and order 
 (s. 33). One or more joint owners or occupiers may be proceeded 
 against alone (s. 34). In any proceeding the owner may be designated 
 as the " owner'' or " occupier" of the pi-emises, without name or fur- 
 ther description (s. 35). 
 
 Appeall Appeal lies against justices' order of prohibition, as men- 
 tioned in ss. 13, 14, ante, pp. 900, 901 (s. 15) ;— also against any jus- 
 tices' order for structural works (s. 16) ; — and also any conviction for 
 carrying on noxious trades (s. 27);— which appeal must be made to 
 the quarter session held next after the making of the order, the party 
 giving notice to the local authority within fourteen days of the order, 
 and entering into recognizance within two days of giving such notice 
 to try appeal, &c. (see s. 40 in Note 197 a, ante, pp. 428, 429). 
 18 & 19 Vict. Medical Expenses for Services on Board Vessels.l By sect. 12, dis- 
 c. 116. putes in respect of charges, not exceeding fifty pounds, of medical men 
 
 for services rendered on board any vessel, as required by the General 
 Board of Health, under " The Diseases Prevention Act, 1855," may 
 be determined summarily at the place where the dispute arises, as in 
 case of seamen's wages not exceeding fifty pounds, according to the 
 provisions of the law in that behalf for the time being in force [i. e. 
 before any two justices of the peace (17 & 18 Vict. c. 104, s. 188), or 
 any stipendiary magistrate, s. 519, title " Seamen," post'\ ; — " and 
 &ny justice before whom complaint is made shall determine summarily 
 as to the amount which is reasonable, according to the accustomed rate 
 of charge within the place for attendance on patients of the like class 
 or condition as those in respect of whom the charge is made." 
 
 OATHS. 
 I. Justices' Power to administer Oaths, infra. 
 II. Declaration in lieu of Oath, p. 905. 
 
 I. Justices' Power to administer Oaths. 
 There does not appear upon an examination of many legal au- 
 
 Digitized by Microsoft® 
 
CHAP. II.] Oaths. 005 
 
 thorities, to have been any general power by statute in a justice of the 
 peace to administer an oath or take an affidavit, previous to the 
 passing of the Declaration Act of 1835, 5 & 6 Will. 4, c. 62, noticed 
 infra, although it was considered, that in all cases where a magistrate 
 has power to hear evidence, he has incidentally a power to administer 
 an oath to the party who gives it (see ante, p. 62). That statute, by 
 s. 13, prohibits justices from administering oaths touching matters 
 whereof they have no jurisdiction hy statute, excepting in the cases 
 herein provided for. 
 
 The justices, however, have a general power to administer an oath 
 to witnesses in summary proceedings and on charges of indictable 
 offences, as will be seen from the following abstract of statutes : — 
 
 In Summary Proceedings.'] Oath or affirmation substantiating informa- 
 tion or complaint, and granting a warrant (11 & 12 Vict. c. 43, 
 s. 2, ante, p. 113), in addition to the power given by the particular 
 statute on receiving an information, &c. Oath or affirmation on 
 granting summons or warrant for a witness (Id. s. 7, ante, p. 122) : 
 — and by s. 15, ante, p. 62, " the justice before whom any witness 
 shall appear for the purpose of being examined, has full power 
 and authority to administer to him the usual oath or affirmation." 
 
 Charges of Indictable Offences.] Oath or affirmation on receiving the 
 information for the purpose of granting a warrant (11 & 12 Vict, 
 c. 42, s. 8, ante, p. 606); — of identity of person indicted (s. 3, ante, 
 p. 627); — on backing a warrant granted in another jurisdiction 
 (s. 11);— oath or affirmation on granting a summons or warrant for 
 a witness (s. 16). By s. 17, ante, p. 655, which prescribes the 
 mode of taking the depositions of witnesses, " the justice or justices 
 before whom any such witness shall appear to be examined as 
 aforesaid shall, before such witness is examined, administer to such 
 witness the usual oath or affirmation, which such justice or justices 
 shall have full power and authority to do." 
 
 Generally.] The Law of Evidence Amendment Act, 14 & 15 Vict. c. 99, 
 s. 16, enacts, — " Every court, ]udge, justice, officer, commissioner, 
 arbitrator, or other person, now or hereafter having by law or by 
 consent of parties authority to hear, receive and examine evidence, 
 is empowered to administer an oath to all such witnesses as are 
 legally called before them respectively." 
 
 Persons tendered as Bail for a Party.] See ante, p. 118, Hole 3. 
 
 Affirmation or Declaration of a Quaker or Moravian.] 9 Geo. 4, c. 32, 
 0. 1 ; 3 & 4 Will. 4, c. 49, s. 1 ; Form, ante, p. 65. 
 
 Affirmation for those who formerly were Quakers or Moravians.] 1 & 2 
 Vict. c. 77 ; Form, ante, p. 65. 
 
 Affirmation of Separatists.] 3 & 4 Will. 4, t. 82, s. 1 ; Form, ante, p. 65. 
 
 To an Interpreter for a Foreign Witness,' or a Deaf and Dumb Witness.] 
 Form, ante, p. 66. 
 
 To a Scotch Witness.] Form, ante, p. 64. 
 
 To a Chinese Witness.] Form, ante, p. 66. • 
 
 II. Declaration in lieu of Oath. 
 The 5 & 6 Will. 4, c. 62, which took effect from 1st October, 1835, 5 & 6 Will. 4, 
 — which did not interfere with the oaths to be taken in courts of justice >-• 62. 
 or before justices of the peace (see s. 7, and proviso to s. 13, infra), 
 and comprises various provisions as to declarations in relation to the 
 revenue departments (ss. 2, 3, 4, 5), the oath of allegiance (s. 6), 
 declarations at the universities or other local bodies (s. 8), or by 
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906 As to Matters to be done in Petty Sessions, [part hi. 
 
 5 & 6 Will. 4, churchwardens and sidesmen (s. 9), or by trustees of turnpike trusts 
 
 "■ 6^ (s. 10), or on taking out a patent (s. 11), or by pawnbrokers (s. 12), 
 
 ,on the transfer of stock at the Bank of England (s. 14) and in suits on 
 
 behalf of her Majesty (s. 17), contains the following provisions relative 
 
 to the duties of justices of the peace : — 
 
 Oath prohibited.'] Sect. 13 recites, that "a practice has prevailed of 
 administering and receiving oaths and affidavits voluntarily taken 
 and made in matters not the subject of any judicial inquiry, nor 
 in anywise pending or at issue before the justice of the peace or 
 other person by whom such oaths or affidavits have been adminis- 
 tered or received ;" and that " doubts have arisen whether or not 
 such proceeding is illegal;" "for the more effectual suppression 
 of such practice and removing such doubts," enacts, — " that from 
 and after the commencement of this act, it shall not be lawful for 
 any justice of the peace or other person to administer, or cause or 
 allow to be administered, or to receive, or cause or allow to be 
 received, any oath, affidavit, or solemn affirmation touching any 
 matter or thing whereof such justice or other person hath not 
 jurisdiction or cognizance by some statute in force at the time 
 being." 1 
 
 Exception of Foreign Countries.'] " Provided always, that nothing herein 
 contained shall be construed to extend to any oath, affidavit, or 
 solemn affirmation before any justice in any matter or thing 
 touching the preservation of the peace, — or the prosecution, trial, 
 or punishment of offences, — or touching any proceedings before 
 either of the houses of parliament, or any committee thereof 
 respectively, — nor to any oath, affidavit, or affirmation which may 
 be required by the laws of einy foreign country 2 to give validity to 
 instruments in writing designed to be used in such foreign countries 
 respectively." 
 
 To take Declarations instead of A^davits in relation to Actions in 
 Colonies.] Sect. 15, after reciting 5 Geo. 2, c 7, and 54 Geo. 3, 
 c. 15 (which related to the recovery of debts in the Plantations 
 and Colonies of America and the Colony of New South Wales, by 
 
 1 A justice had sworn witnesses in a matter of complaint before the 
 Bishop of Exeter as to the conduct of two clergymen, and he was held to 
 have brought himself within this enactment, and was imprisoned on con- 
 viction at the Exeter Assizes. i,Reg. v. Nott, 1 Car. & M. 288, Coleridge, J.) 
 
 2 The correct construction of the words " foreign country" in this section 
 (13), taken in conjunction with s. 15 (which applies to actions and suits in 
 our colonies), would appear to be all countries and places abroad which are 
 not within or part of her Majesty's dominions ; and, therefore, as respects 
 such foreign countries, if the justice satisfies himself by documents or other- 
 wise that the laws of such places require an oath or affidavit " to give 
 validity to instruments in writing," he may safely receive the affidavit and 
 administer the oath in such cases, and also, if necessary, add his seal ; but 
 it is conceived, that in other cases of documents intended for such foreign 
 places, not being for the purpose of "giving validity to instruments," viz. 
 in proof of debts or accounts and other matters, even where the laws of 
 such places require an affidavit (of which it is said there are many, passed 
 before the 5 & 6 Will. 4, c. 62, and which must he considered as virtually 
 repealed by that act), an affidavit cannot be received, but a declaration 
 must be taken under the general enactment of s. 18, p. 907, or under s. 16, 
 id., m the case of proof of execution of wills, deeds, &c. The act 19 & 20 
 Vict. c. 113, now provides the mode of procuring the examination of wit- 
 nesses upon interrogatories in this country in relation to actions or suits in 
 loreign countries. 
 
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CHAP. ii.J Oaths. 907 
 
 persons resident in Great Britain, and authorized the mayor or 5 & 6 Will. 4, 
 other chief magistrate of boroughs to take affidavits in such c. 62. 
 
 casesl, and that "it is expedient that in future a declaration 
 
 should be substituted in lieu of the affidavit on oath authorized * 
 and required by the said recited acts," enacts, — that from and after 
 the commencement of this act [1st Oct. 1835], "in any action or 
 suit then depending— or thereafter to be brought or intended to 
 be brought — in any court of law or equity within any of the 
 territories, plantations, colonies or dependencies abroad, being 
 within and part of his Majesty's dominions, for or relating to any 
 debt or account wherein any person residing in Great Britain and 
 Ireland shall be a party, or for or relating to any lands, tenements 
 or hereditaments, or other property, situate, lying and being in the 
 said places respectively," the pkintiif or defendant, and also any 
 witness may verify or prove any matter or thing relating thereto 
 by solemn declaration or declarations in writing in the form in the 
 schedule to the act, made " before any justice of the peace, notary 
 public or other officer, now by law authorized to administer an 
 oath, and certified and transmitted under the signature and seal 
 of any such justice, notary public duly admitted and practising, 
 or other officer ; — which declaration, and every declaration relative 
 to such matter or thing as aforesaid, in any foreign kingdom or 
 state, or to the voyage of any ship or vessel, every such justice, 
 &c., shall be, and he is hereby authorized and empowered to ad- 
 minister or receive ; — and every declaration so made, certified and 
 transmitted, shall, in all such actions and suits, be allowed to be 
 of the same force and efiect as if the person or persons making 
 the same had appeared and sworn or affirmed the matters con- 
 tained in such declaration viva voce in open court, or upon a com- 
 mission issued for the examination of witnesses or of any party 
 in any such action or suit respectively 3 i — provided that in every 
 such declaration there shall be expressed the addition of the party 
 making such declaration, and the particular place of his or her 
 abode." 
 
 To take Declaration of Execution of Wills or Deeds.'] By sect. 16, any 
 attesting witness to the execution of any will or codicil, deed or 
 instrument in writing, or any other competent person, may verify 
 and prove the signing, sealing, publication or delivery of any such 
 will, &c., by such declaration in writing. 
 
 To take Declarations in other Matters.] Sect 1 8, reciting " that 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 peace, 
 notary public, or other officer now bylaw auihorized to administer 
 an oath, to take and receive the declaration of any person volun- 
 tarily making the same before him in the form in the schedule to 
 this act annexed," 4 
 
 3 If the matter in question is not relating to a suit or action in the 
 colonies, and, therefore, not provided for by this section, section 18, supra, 
 will apply. The 19 & 20 Vict. c. 113, which provides the mode of taking 
 evidence in her Majesty's dominions in relation to civil and commercial 
 matters pending before tribunals in a foreign country, would seem not to 
 affect this enactment. 
 
 4 This section seemingly authorizes a declaration being received in any 
 matter in which the justice, &c. may think it " necessary and proper." Of 
 course, justices will not receive declarations involving criminal charges or 
 supposed criminal charges affecting the declarant or other persons, whether 
 or not they are the subject of proceedings commenced, pending or deter- 
 mined. 
 
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908 As to Matters to be done in Petty Sessions, [part hi. 
 
 5 & 6 Will. 4 Form of Declaration.] Sect. 20 provides, that, in all the cases, such 
 
 c 62 declaration, unless otherwise directed in revenue cases, &c. shall 
 
 ' — '- be in the form prescribed in the schedule. The following is the 
 
 form of it, with the addition of the declarant's abode and quality 
 (required hy the act only in case of a declaration for the Colonies, 
 see s. 15), and the title of the act and jurat : — 
 
 I, A. B. of the parish of , in the county of , do solemnly and 
 
 sincerely declare, that 
 
 [Hereivsert the facts required 5, or say, declare as follows, that is to 
 say ; and then number the paragraphs,] 
 And I make this solemn declaration, conscientiously believing the same to 
 be true, and by virtue of the provisions of an act made and passed in the 
 sixth year of the reign of his late Majesty King William the Fourth, 
 intituled " An Act to repeal an Act of the present Session of Parliament, 
 intituled ' An Act for the more effectual Abolition of Oaths and Affirmations 
 taken and made in various Departments of the State, and to substitute 
 Declarations in lieu thereof, and for the more entire Suppression of volun- 
 tary and extrajudicial Oaths and Affidavits,' and to make other Provisions 
 for the Abolition of unnecessary Oaths." 
 
 A. B. 
 
 Made and subscribed at , in the county'^ 
 
 of , this day of , in the year / 
 
 of our Lord 185 — , before me, one of her I 
 Majesty's justices in and for the said county ( 
 
 of^ ■. 
 
 J. S. j 
 
 OBSCENE BOOKS. 
 20 & 21 Vict. Search Warrant for.'\ By sect. 1 of the act 20 & 21 Vict. c. 83, 
 c. 83. after reciting that " it is expedient to give additional powers for the 
 
 suppression of the trade in obscene books, prints, drawings and other 
 obscene articles," enacts: — "it shall be lawful for any metropolitan 
 police magistrate, or other stipendiary magistrate, or for any two jus- 
 tices of the peace, upon complaint made before him or them upon 
 oath that the complainant has reason to believe, and does believe, that 
 any obscene books, papers, writings, prints, pictures, drawings, or 
 other representations, are kept in any house, shop, room or other place 
 within the limits of the jurisdiction of any such magistrate or justices, 
 for the purpose of sale or distribution, exhibition for purposes of gain, 
 lending upon hire, or being otherwise published for purposes of gain, 
 which complainant shall also state upon oath that one or more articles 
 of the like character have been sold, distributed, exhibited, lent or 
 otherwise published as aforesaid, at or in connection with such place, 
 so as to satisfy such magistrate or justices that the belief of the said 
 complainant is well founded, — and upon such magistrate or justices 
 being also satisfied that any of such articles so kept for any of the 
 purposes aforesaid are of such a character and description that the pub- 
 
 5 For a variety of forms of statements of facts for declarations, as of 
 identity, authentication of a signature, correctness of copy of a parish 
 register, of a birth, &c., of execution of a power of attorney, &c., as well as 
 other forms of jurats, where the declarant is a marksman, blind, &c., vide 
 Oke's "Formulist," 2nd ed. pp. 494— 496. 
 
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CHAP. II. I Ubxcene Boohs. 909 
 
 lication of tliem would be a misdemeanor, and proper to be prosecuted 20 & 21 Vict 
 as such,— to give authority by special warrant to any constable or "• 
 
 police officer into such house, shop, room or other place, with such 
 assistance as may be necessary, to enter in the daytime, and, if neces- 
 sary, to use force, by breaking open doors or otherwise, and to search 
 for and seize all such books, papers, writings, prints, pictures, drawings 
 or other representations as aforesaid, found in such house, shop, room 
 or other place, and to carry all the articles so seized before the magis- 
 trate or justices issuing the said warrant, or some other magistrate or 
 justices exercising the same jurisdiction ; — and such magistrate or jus- 
 tices shall thereupon issue a summons calling upon the occupier of the 
 houseorotherplacewhich may have been so entered by virtue of the said 
 warrant to appear within seven days before such police stipendiary 
 magistrate or any two j ustices in petty sessions, for the district, to show 
 cause why the articles so seized should not be destroyed ;— and if such 
 occupier, or some other person claiming to be the owner of the said 
 articles shall not appear within the time aforesaid, or shall appear, and 
 such magistrate or justices shall be satisfied that such articles, or any 
 of them, are of the character stated in the warrant, and that such or 
 any of them have been kept for any of the purposes aforesaid, it shall 
 be lawful for the said magistrate or justices, and be or they are hereby 
 required, to order the articles so seized, except such of them as he or 
 they may consider necessary to be preserved as evidence in some further 
 proceeding, to be destroyed at the expiration of the time hereinafter 
 allowed for lodging an appeal, unless notice of appeal as hereinafter 
 mentioned be given,— and such articles shall be in the meantime im- 
 pounded ; — and if such magistrate or justices shall be satisfied that the 
 articles seized are not of the character stated in the warrant, or have 
 not been kept for any of the purposes aforesaid, he or they shall forth- 
 with direct them to be restored to the occupier of the house err other 
 place in which they were seized." 
 
 Sect. 2 relates to tender of amends ; sect. 3 as to limitation of actions, 
 which are to be brought within three calendar months, and one 
 month's notice before commencing them. 
 
 Appeal.'\ By s. 4 an appeal is given, it enacts, — "any person 
 aggrieved by any act or determination of such magistrate or justices 
 in or concerning the execution of this act, may appeal to the next 
 general or quarter sessions for the county, riding, division, city, 
 borough or place in and for which such magistrate or justices shall 
 have so acted, giving to the magistrate or justices of the peace whose 
 act or determination shall be appealed against notice in writing of such 
 appeal, and of the grounds thereof, within seven days after such act or 
 determination, and before the next general or quarter sessions, and 
 entering within such seven days into a recognizance, with sufficient 
 surety, before a justice of the peace for the county, city, borough or 
 place in which such act or determination shall have taken place, per- 
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910 As to Matters to be done in Petty Sessions, [part iir. 
 
 20 & 21 Vict, sonally to appear and prosecute such appeal, and to abide the order 
 
 ° - ^^' of and pay such costs as shall be awarded by such court of quarter 
 
 sessions or any adjournment thereof, ^and the court at such general or 
 quarter sessions shall hear and determine the matter of such appeal, 
 and shall make such order therein as shall to the said court seem meet ; 
 and such court, upon hearing and finally determining such appeal, 
 shall and may, according to their discretion, award such costs to the 
 party appealing or appealed against as they shall think proper;— and 
 if such appeal be dismissed or decided against the appellant, or be not 
 prosecuted, such -court may order the articles seized forthwith to be 
 destroyed : — provided always, that it shall not be lawful for the 
 appellant on the hearing of any such appeal to go into or give evidence 
 of any other grounds of appeal against any such ordei", act or deter- 
 mination than those set forth in such notice of appeal." 
 
 PAWNBROKERS. 
 39 & 40 Geo. 3, Justices to require Pawnbrokers to produce their Books.'] By s. 25, 
 "■ 99- " it shall be lawful for any justice of the peace, upon complaint made 
 
 to him on the oath or aflBrmation of one or more credible witness or 
 witnesses, wherein any information shall be laid against any pjiwn- 
 broker for having offended against this act, — or respecting any dispute 
 between any pawnbroker and person having pawned goods, or the 
 owner or owners of goods pawned, — or respecting any felony or other 
 matter, — or on any other occasion whatsoever which in the judgment 
 of any justice or justices shall make the production of any book, note, 
 voucher, memorandum, duplicate or other paper necessary, which 
 shall or ought to be in the hands, custody or power of any pawn- 
 broker,— to summon such pawnbroker before him to attend, with all 
 and every or any book, note, voucher, memorandum, duplicate or 
 paper which he or she may or ought to have in his or her custody or 
 power relating to the same,— which he or she is hereby required to 
 produce before such justice or justices in the state the same was or 
 were made at the time the pawn or pledge was received, without any 
 alteration, erasemcnt or obliteration whatsoever;— and in case such 
 pawnbroker shall neglect or refuse to attend, or to produce the same 
 in its true and perfect state, such pawnbroker shall, in case he or she 
 doth not show good cause for such neglect or refusal, to the satisfac- 
 tion of such justice or justices, forfeit any sum not exceeding ten 
 pounds nor less than five pounds, to be levied and applied in the man- 
 ner hereinafter mentioned." (Vide mode of recovery, ante, p. 431. 
 
 Search for Goods unkiwfully pawned, and Restoration to Owner.] 
 By s. 13, " if the owner or owners of any goods or chattels unlaw- 
 fully pawned, pledged or exchanged', shall make out, either on his, 
 her or their oath, or by the oath of any credible witness, or, being one 
 of the people called Quakers, by solemn affirmation, before any justice 
 or justices of the peace within his or their jurisdiction, that such owner 
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CHAP. ii.J Pawnbrokers. 911 
 
 or owners hath or have had his, her or their goods or chattels unlaw- 39 & 40 Geo. 3, 
 fully obtained or taken from him, her or them, and that there is just "• °"' 
 
 cause to suspect that any person or persons within the jurisdiction of 
 any such justice or justices hath or have taken to pawn, or by way of 
 pledge or in exchange, any goods or chattels of such owner or owners, 
 and without the privity or authority of such owner or owners thereof, 
 and shall make appear, to the satisfaction of any such justice or jus- 
 tices, probable grounds fbr such the suspicion of the owner or owners 
 thereof, — then and in any such case any justice or justices of the peace 
 within his or their jurisdiction may issue his or their warrant for 
 searching, within the hours of business, the house, warehouse or other 
 place of auy such person or pereons who shall be charged on oath or 
 affirmation as aforesaid as suspected to have received or taken in 
 pawn, or by way of pledge or in exchange, any such goods or chat- 
 tels, without the privity of or authority from the owner or owners 
 thereof ;— and if the occupier or occupiers of any house, warehouse or 
 other place wherein any such goods or chattels shall, on oath or affir- 
 mation as aforesaid, be charged or suspected to be, shall, after the 
 commencement of this act, on request made to him, her or them to 
 open the same by any peace officer authorized to search there, by 
 warrant from a justice or justices of the peace for the county, riding, 
 division, city, liberty, town or place in which such house, warehouse 
 or other place shall be situate, refuse to open the same, and permit the 
 same to be searched, it shall be lawful for any peace officer to break 
 open any such house, warehouse or other place within the hours of 
 business, and to search as he shall think fit therein for the goods or 
 chattels suspected to be there, doing no wilful damage; — and no 
 pawnbroker or other person or persons shall oppose or hinder any such 
 search;— and if upon the search of the house, warehouse or other place 
 of any such suspected person or persons as aforesaid, any of the goods 
 or chattels which shall have been so pawned, pledged or exchanged as 
 aforesaid shall be found, and the property of the owner or owners from 
 whom the same shall have been unlawfully obtained or taken, shall 
 be made out to the satisfaction of any such justice or justices by the 
 oath of one or more credible witness or witnesses, or if any such witness 
 or witnesses shall be of the people called Quakers, by solemn affirma- 
 tion, or by the confession of the person or persons charged with any 
 such ofience, any such justice or justices shall thereupon cause the 
 goods and chattels found on any such search, and pawned, pledged or 
 exchanged as aforesaid, to be forthwith restored to the owner or 
 owners thereof." (Forms of Information, Search Warrant and Order 
 to restore Goods, Nos. 3, 4, 5, p. 499, Oke's "Formulist," 2nd ed.)l. 
 
 1 In the city of London and the metropolis similar powers are given to 
 the magistrates where the goods are in the possession of brokers, dealers in 
 marine stores, or other dealers in second-hand property (see 2 & 3 Vict, 
 c. 71, ss. 27, 28 ! 3 8f 4 Vict. c. 84, s. 61. 
 
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912 As to Matters to be done in Petti/ Sessions, [part hi, 
 
 39 & 40 Geo. 3, Search for unfinished Goods unlawfully pawned, and Restoration to 
 c-99- Owner.'] By s. 12, " if the owner or owners of any goods of any 
 
 manufacture, or of any part or branch of any manufacture, either 
 mixed or separate, or any materials whatsoever plainly intended for 
 the composing or manufacturing of any goods after such goods or 
 materials respectively are put into a state or course of manufacture, or 
 into a state for any process or operation to be thereupon or therewith 
 performed, and before such goods or materials are completed or finished 
 for the purposes of wear or consumption, or any linen or apparel, which 
 goods, materials, linen or apparel are or shall be so entrusted as afore- 
 said 2, unlawfully pawned, pledged or exchanged, shall make out, 
 either on his, her or their oath, or by the oath of any credible witness, 
 or, being one of the people called Quakers, by solemn afiirmation, 
 before any justice or justices of the peace within his or their jurisdic- 
 tion, that there is just cause to suspect that any person or persons 
 within the jurisdiction of any such justice or justices hath or have 
 taken to pawn, or by way of pledge or in exchange, any such goods 
 or materials, linen or apparel, so entrusted as aforesaid, of such owner 
 or owners, and without the privity or authority of such owner or 
 owners thereof, — and shall make appear to the satisfaction of any 
 such justice or justices probable grounds for such the suspicion of the 
 owner or owners thereof, — then and in any such case any justice or 
 justices of the peace within his or their jurisdiction may issue his or 
 their warrant for searching, within the hours of business, the house, 
 warehouse or other place of any such person or persons who shall be 
 charged, on oath or affirmation as aforesaid, as suspected to have 
 received or taken in pawn, or by way of pledge or in exchange, any 
 such goods or materials, linen or apparel, without the privity of or 
 authority from the owner or owners thereof; — and if the occupier or 
 occupiers of any house, warehouse or other place wherein any such 
 goods, materials, linen or apparel shall, on oath or affirmation as 
 aforesaid, be charged or suspected to be, shall after the commencement 
 of this act, on request made to him, her or them to open the same by 
 any peace officer authorized to search there by warrant from any 
 justice or justices of the peace for the county, riding, division, city, 
 liberty, town or place in which such house, warehouse or other place 
 shall be situate, refuse to open the same and permit the same to be 
 searched, it shall be lawful for any peace officer to break open any 
 such house, warehouse or other place, within the hours of business, 
 and to search as he shall think fit therein for the goods, materials, 
 lineu or apparel suspected to be there, doing no wilful damage, — and 
 no pawnbroker or other person or persons shall oppose or hinder any 
 such search ; — and if upon the search of the house, warehouse or other 
 
 2 /. e. intrusted to any person or persons to wash, scour, iron, mend, 
 manufacture, work up, finish or make up (s. 11). 
 
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CHAP. II.] Pawnbrokers. 913 
 
 place of any such suspected person or persons as aforesaid, any of the 89 & 40 Geo. 3, 
 
 goods, materials, linen or apparel which shall have been so pawned, "• ^^' 
 
 pledged or exchanged as aforesaid shall be found, and the property of 
 
 the owner or owners thereof shall be made out to the satisfaction of 
 
 any such justice or justices by the oath of one or more credible witness 
 
 or witnesses, or, if any such witness or witnesses shall be of the people 
 
 called Quakers, by solemn affirmation, or by the confession of the 
 
 person or persons charged with any such offence, any such justice or 
 
 justices shall thereupon cause the goods, materials, linen or apparel 
 
 found on any such search, and pawned, pledged or exchanged as 
 
 aforesaid, to be forthwith restored to the owner or owners thereof." 
 
 (Forms of Information and Search Warrant, Nos. 1, 2, Oke's " Formu~ 
 
 list," 2nd ed., pp. 498, 499.) 
 
 SaHsf action to Owner where Goods are lost or are of less Value than 
 when pawned.] By s. 24, — " if in the course of any proceedings before 
 any justice or justices of the peace in pursuance of or under this act it 
 shall appear or be proved to the satisfaction of the justice or justices, 
 upon oath or solemn affirmation, that any of the goods and chattels 
 pawned as aforesaid have been sold before the time allowed by this 
 act, or otherwise than according to the directions of this act, — or have 
 been embezzled or lost, — or are become or have been rendered of less 
 value than the same were at the time of pawning or pledging thereof, 
 by or through the default, neglect or wilful misbehaviour of the person 
 or persons with whom the same were so pledged or pawned, his, her 
 or their executors, administrators or assigns, agents or servants, — then 
 and in any such case it shall be lawful for every such justice and jus- 
 tices and he and they is and are hereby required to allow and award 
 a reasonable satisfaction to the owner or owners of such goods or 
 chattels in respect thereof or of such damage, — and the sum or sums 
 of money so allowed or awarded, in case the same shall not amount to 
 the principal and profit aforesaid which shall appear to be due to any 
 person or persons with whom the same were so pledged or pawned, 
 his, her or their executors, administrators or assigns, shall be deducted 
 out of the said principal and profit ; — and in all cases where the goods 
 and chattels pawned as aforesaid shall have been damaged as afore- 
 said, it shall be sufficient for the pawner or pawners, his, her or their 
 executors, administrators or assigns, to pay or tender the money due 
 upon the balance, after deducting out of the principal and profit as 
 aforesaid for the goods or chattels pawned, such reasonable satisfac- 
 tion in respect to such damage as any such justice or justices shall order 
 or award, and upon so doing the justice or justices shall proceed as if 
 the pawner or pawners, his, her or their executors, administrators or 
 assigns, had paid or tendered the whole money due for the principal 
 and profit aforesaid ; — a'ud if the satisfaction to be allowed and awarded 
 to the owner or owners of such goods or chattels shall be equal to or 
 exceed the principal and profit aforesaid, then and in such case the 
 
 0. S. 3 N 
 
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914 As to Matters to be done in Petti/ Sessions, [part hi. 
 
 39 & 40 Geo. 3, person or persons to- wliom the same were so pledged or pawned, his, 
 ^- ^^- her or their executors, administrators or assigns, shall deliver the goods 
 
 and chattels so pledged to the owner or owners thereof, without being 
 paid anything for principal or profit in respect thereof, and shall also 
 pay such excess (if any) to the person or persons entitled thereto, 
 under the penalty of ten pounds, to be recovered and applied in 
 manner hereinafter mentioned" (see mode of Recovery, ante, p. 431). 
 [Vide Form of Award of Satisfaction, No. 6, p. 500, Oke's "For- 
 mulist," 2nd edit.] 
 
 Lost Duplicates, ^c] By s. 16, — "in case any pawnbi-oker shall 
 have had such previous notice as aforesaid 3; — or i^ case any such 
 note or memorandum as aforesaid shall be lost, mislaid, destroyed or 
 fraudulently obtained from the owner or owners thereof, and the goods 
 and chattels mentioned therein shall remain unredeemed, — that then 
 and in every such case the pawnbroker or pawnbrokers with whom the 
 said goods and chattels were so pledged shall, at the request and 
 application of any person or persons who shall represent himself, 
 herself or themselves to the pawnbroker as the owner or owners of 
 the goods and chattels in pledge as aforesaid, deliver to such person 
 or persons so requesting and applying for the same a copy of the note 
 or memorandum so lost, mislaid, destroyed or fraudulently obtained as 
 aforesaid, with the form of an affidavit 4 of the particular circnm- 
 stances attending the case, printed or written, or in part printed and 
 in part written, on the said copy, as the same shall be stated to him or 
 her by the party applying as aforesaid, — for which copy of such note 
 or memoi'andum, and form of affidavit, in case the money lent shall 
 not exceed the sum of five shillings, the pawnbroker shall receive the 
 sum of one halfpenny, and in case the money lent shall exceed the 
 sum of five shillings and not exceed the sum of ten shillings, the 
 pawnbroker shall receive the sum of one penny, and in case the 
 money lent shall exceed the sum of ten shillings, the pawnbroker shall 
 receive the like sum of money as he is entitled to receive and take on 
 giving the original note or memorandum, such money to be paid by 
 the party applying for the same at the time of making the said appli- 
 cation ; — and the person or persons having so obtained such copy of 
 the note or memorandum, and form of affidavit as aforesaid, shall 
 thereupon prove his, her or their property in or right to such goods 
 and chattels, to the satisfaction of some justice of the peace for the 
 county, riding, division, city, town, liberty or place where the said 
 goods or chattels shall have been pledged, pawned or exchanged, and 
 shall also verify on oath or affirmation, as the case may be, before the 
 said justice, the truth of the particular circumstances attending the 
 
 3 /. «. notice that the goods and chattels pawned have been, or are sus- 
 pected to have been, fraudulently or feloniously taken or obtained (s. 15). 
 
 4 A solemn declaration now, in the form given in 5 & 6 Will. 4, c. 62, 
 title " Oaths," ante, p. 908. 
 
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CHAP. II.] PamribroJiers— Police of Towns. 915 
 
 case mentioned in such affidavit or affirmation to be made as aforesaid, 39 & 40 Geo. 3, 
 
 the caption of such oath or affirmation to be authenticated by the "' ^^' 
 
 handwriting thereto of the justice before whom the same shall be made, 
 
 and who shall and is hereby required so to authenticate the same, — 
 
 whereupon the pawnbroker shall suffiir the person or persons proving 
 
 such property to the satisfaction of such justice as aforesaid, and 
 
 making such affidavit or affirmation as aforesaid, on leaving such 
 
 copy of the said note or memorandum, and the said affidavit or affir- 
 
 n.atioD, with the said pawnbroker, to redeem such goods or chattels." 
 
 POLICE OF TOWNS. 
 
 "The Town Police Clauses Act, 1847," 10 & 11 Vict. c. 89, the 10 & 11 Vict 
 extent of which is shown in Note 204 a, ante, p. 437, provides for "■ ^^• 
 several matters being heard and determined before justices, viz. : — 
 
 Any justice may swear in any person appointed as a constable under 
 tliis and tlie special act (,s. 8) ; see ss. 6 and 7, as to their appointment 1. 
 The duties of constables are directed by ss. 14, 15, and their power to 
 take recognizances by ss. 17, 18, 19. 
 
 A justice may issue his warrant to search for accouti'ements of con- 
 stables refused to be given up (s. 11). 
 
 Difference between commissioners and the owners of lands or build- 
 ings as to expenses for use of fire police, out of limits of the special 
 act, to be determined by two justices, and recoverable as damages 
 (3. 33). 
 
 A justice may determine complaints for refusal to deliver up licences 
 for drivers of hackney carriages, and award compensation to driver by 
 the proprietor (s. 49). 
 
 Sum paid beyond the proper fare for hire of hackney carriage re- 
 coverable back before one justice (s. 55). 
 
 Proprietor may recover compensation paid by him from the driver, 
 and viee versa, as damages (s. 63). 
 
 Fares for hackney carriages may be recovered before one justice as a 
 penalty (s. 66). 
 
 The provisions of the 10 & 11 Vict. c. 34 (title " Towns Improve- 
 ment Act" post), as to recovery of and appeal against rates, are 
 incorporated with this act. 
 
 Damages.^ Damages and penalties are to be recovered as' under 
 the 8 & 9 Vict. c. 20 (s. 73), see tit. " Bailways," post. 
 
 1 As to these constables, see now the County Police Act, 19 & 20 Vict. 
 c. 69, ss. 18, 19, ante, pp. 825, 826. 
 
 ^igifizeah' 
 
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916 As to Matters to be done in Petty Sessions, [part hi. 
 
 POOR. 
 I. Appointment of Assistant Overseer, infra. 
 II. Removal of the Poor, SfC, infra. 
 
 III. Belief and its Becovery, and Poor Houses, p. 917. 
 
 IV. Maintenance of Belations, p. 918. 
 V. Overseers not accounting, p. 919. 
 
 VI. Allowance and Excusal of Bates, p. 920. 
 
 I. Appointment of Assistant Overseer. 
 59Geo. 3,c. 12. Appointed by two justices in petty sessions, on nomination of the 
 inhabitants of the parish in vestry (s. 7). The appointment is exempt 
 from stamp duty by the 4 & 5 Will. 4, c. 76, s. 86. (Form, No. 23, 
 p. 516, Oke's " Formulist," 3nd edit.) See 7 & 8 Vict. c. 101, s. 61, 
 as to collectors of rates who are not appointed by justices, but by the 
 poor law board on resolution of guardians ; and s. 62 as to the vestry 
 giving power to assistant overseers appointed before 9th August, 1844, 
 to do all the duties of an overseer. 
 
 II. Removal of the Poor, Sfc. 
 
 Poor.] The different kinds of settlement are 2 ; — hirth ;— derivative 
 (by marriage or parentage) ; — hiring and service (abolished by 4 & 5 
 Will. 4, c. 76, s. 64) ; - apprenticeship in the sea service (abolished by 
 4 & 5 Will. 4, c. 76, s. 67) ; — renting a tenement up to 2nd of July, 
 1819, of annual value of lOZ. for a year, and occupying and sleeping 
 in same for that period or forty days and on the last day of occupancy ; 
 — renting a separate and distinct tenement, bond fide hired for a year, 
 at 101. a year at the least, and paid rent from 3nd July, 1819, to 22nd 
 June, 1825, and occupancy and sleeping as in the last case ; — renting 
 a tenement as in the last case, with certain restrictions, from 22nd 
 June, 1825 to 30th March, 1831; — and also from 30th March, 1831 
 to 14th August, 1834 ; — renting a tenement and paying rates on it 
 since 14th August, 1834 ; — estate, by seisin, by descent, &c., by de- 
 vise, by purchase, as trustee, as cestui que trust, as mortgagee, as 
 mortgagor, as executor, as administrator, as next of kin, by marriage, 
 payment of parochial rates and taxes, from 1690 to 22nd June, 1795 ; 
 — payment of parochial rates and taxes from 22nd June, 1795 to 
 22nd June, 1825;— payment of parochial rates and taxes, from 22nd 
 June, 1825 ;— by serving a public office (abolished after 14th August, 
 1834, by 4 & 5 Will. 4, c. 76, s. 64) ;— by certiflcatemen or their ser- 
 vants, &c. 
 
 The act preventing the removal of persons resident in a parish for 
 
 2 Vide Oke's " Formulist," 2nd ed. pp. 507—514, for the modes of de- 
 scribing technically these several settlements in the grounds of removal of 
 paupers. 
 
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CHAP. II.] Poor. 917 
 
 five years, without receiving relief, is the 9 & 10 Viot. c. 66. Two 
 justices, where the pauper is chargeable, are necessary to take the 
 evidence as to the settlement, and make an order of removal ; but 
 where the pauper is ill, his examination may be taken by one justice 
 and by him reported to another (49 Geo. 3, c. 124, s. 4) ; and where 
 the parent is a prisoner the examination may be taken at the gaol by 
 two other justices (59 Geo. 3, c. 13, s. 28). Justices may summon 
 witnesses to give evidence in settlement cases by virtue of 7 & 8 Vict, 
 c. 101, s. 70 (15 J. P. 169). The several forms of complaint, order, 
 examination, &c., necessary in removal of paupers, are given in 
 Oke's "Formulist," 2nd edit. pp. 501—505. Vide 11 & 12 Vict, 
 c. 31, as to procedure on appeal against orders 3. The maintenance 
 due on an order of removal must be recovered within six calendar 
 months before justices (see 14 J. P. 715, 758 ; 16 J. P. 139). As to 
 Scotch and Irish paupers, see 8 & 9 Vict. c. 117, s. ,83, and 10 & 11 
 Vict. c. 33, and Forms, Nos. 16, 17, Oke's " Formulist," 2nd edit, 
 p. 506. 
 
 Va^rants.'\ By 5 Geo. 4, c. 83, s. 20, every person convicted as an 
 idle and disorderly person, or as a rogue and vagabond (,see ante, title 
 "Vagrants," p. 526), is to be deemed actually chargeable to the parish, 
 township or place in which such person shall reside ; — and such person 
 is liable to be removed to the parish of his or her last legal settlement, 
 by the order of two justices of the peace of the division or place in 
 which such person shall reside. 
 
 III. Relief and its Recovery, and Poor Houses. 
 
 As to Relief.'] By s. 64, one justice may order overseers in cases of 4 & 5 Will. 4, 
 sudden and urgent necessity to give temporary relief to poor persons "• ' 
 in articles, and not in money, or for medical relief in cases of sudden 
 and dangerous illness (Forms, Nos. 24, 25, p. 517, Oke's ^'Formulist," 
 2nd edit.),— or to aged persons out of workhouse by two justices (s. 27) ; 
 — also in parishes not in unions by one justice, subject to the rules of 
 the poor law commissioners (s. 52). Forms, Nos. 26, 27, 28, pp. 517, 
 518, Oke's " Formulist," 2nd edit. 
 
 Attaching Wages.'] To repay relief granted by way of loan by 
 summoning the master and the man, or man only (see ss. 58, 59), 
 within six calendar months (11 & 12 Vict. c. 43, s. 1 1) ;— recovered by 
 distress as penalties, see tit. " Poor," Oiience 3, ante, p. 445 ; or 
 against the man, under 59 Geo. 3, c. 12, s. 29 (not in unions), upon 
 application within a year after the loan, and in default of payment 
 imprisonment for not exceeding three calendar months, unless sooner 
 paid. Forms, Nos. 28—37, pp. 518—520, Oke's "Formulist," 2nd 
 
 3 By the U & 12 Vict c. 31, B. 3, the clerk to the justices who shall 
 make an order of removal is to keep the depositions on which the order is 
 made, and, within seven days after application, furnish the guardians or 
 overseers with a copy on payment of twopence per folio of 72 words. 
 Digitized by Microsoft® 
 
918 As to Matters to he done in Petty Sessions, [part iir. 
 
 edit. By 11 & 13 Vict. c. 110, s. 8, such relief may be recovered in 
 the County Court. 
 
 Belief to Out-Pensioners.] See 19 & 20 Vict. c. 15. 
 59 Geo. 3, c. 12. Becmery of Poor Houses.'] One month's notice in writing to be 
 given by the major part of the churchwardens and overseers to poor 
 person neglecting to quit, and served either personally or in his absence 
 affixed on some notorious part of the premises. Overseer to lay com- 
 plaint and justice to issue summons (seven days' service, as notice). 
 Two justices may grant a warrant of possession (ss. 24, 25). (Forms, 
 Nos. 46—49, p. 533, Oke's " Formulist," 2nd edit.) As to recovery 
 of parish school houses, see 4 & 5 Vict. c. 38, s. 18. 
 
 IV. Maintenance of Belations. 
 43 Eliz. t. 2, By this statute the father and grandfather, and the mother and 
 
 B- 7. grandmother, and the children of every poor, old, blind, lame and 
 
 impotent person, or other poor person not able to work [and charge- 
 able to the parish, &c.] being of sufficient ability, shall relieve and 
 maintain every such poor person [as any two or more justices where 
 any sufficient person shall dwell shall order 4, 59 Geo. 3, c. 12, 
 s. 36], [on a complaint made by the churchwardens and overseers 
 within six calendar months, 11 & 12 Vict. c. 43, s. 11, ante, p. 95], 
 upon pain of forfeiting 20s. for every month which they shall fail 
 therein, and costs under s. 18, ante, pp. 148, 149. The penalty is 
 recovered by conviction (on an information made within six ca- 
 lendar mouths, 11 & 12 Vict. c. 43, s. 11), under 4 & 5 Will. 4, c. 76, 
 B. 78, by distress, and in default imprisonment for not exceeding three 
 calendar months, unless sooner paid (s. 99), (Forms of Complaint, 
 Summons, Order and Statement of Offence for the Conviction, Nos. 
 38—41, pp. 520, 521, Oke's "Formulist," 2nd edit.);— or the defend- 
 ant may be indicted for disobeying the order {Bex v. Bobinson, 2 Burr. 
 799). By s. 8 of 11 & 12 Vict. c. 110, the guardians of any union may 
 obtain orders of maintenance of poor persons chargeable on the common 
 fund, in like manner as churchwardens and overseers may obtain same 
 when chargeable to a parish. (Form of Order, No. 43, p. 521, Oke's 
 "Formulist," 3nd edit.) 
 13 & 14 Vict. Of Lunatic Married Women.'] By s. 5 of the 13 & 14 Vict. c. 101, 
 
 it is enacted, that where any married woman shall be duly removed to 
 any asylum, licensed house or registered hospital, under any of the 
 statutes 5 in such behalf, any two justices having jurisdiction in the 
 phice wherein the husband of such lunatic shall dwell, upon application 
 by or on behalf of the guardians of the union 6 or of the parish having 
 
 4 This order being for the payment of money, &c., is within Jervis's Act, 
 11 & 12 Vict. 0. 43 (see ante, pp. 90, 91). A wife is not included in this 
 enactment, but if she be lunatic, the 13 & 14 Vict. u. 101, s. 5, supra, 
 applies. 
 
 6 See ante, tit. ^'Lunatics," p. 877. 
 
 6 Vide Note ZQSj.aw'PiP- 442, as to the manner in which the guardians 
 may depute one WSHS^4)ffi'cS#ff;f8^^r complaints before justices. 
 
CHAP. II.] Foor. 919 
 
 a separate board of guardians, or the overseers of the parish to which 13 & 14 Vict, 
 union or parish respectively such lunatic shall be or become charge- "• ^^^- 
 able, may siunmon such husband to appear before them to show cause 
 why an order should not be made upon him to maintain or contribute 
 towards the maintenance of his wife in such asylum, licensed house or 
 registered hospital ; — and upon his appearance, or in the event of his 
 not appearing, upon proof of the service of such summons upon him, 
 such justices [i. e. the same'who issued the summons, 14 J. P. 572 ; 
 15 J. P. 823] may (if they think fit) make an order upon him to pay 
 such sum, weekly or otherwise, for or towards the cost of the main- 
 tenance of such lunatic, as after consideration of all the circumstances 
 of the case shall appear to them to be proper, and determine in such 
 order how and to whom the payment shall fi-om time to time be made, 
 which order shall, if the payments required by it to be made be in 
 arrear, be enforced in the manner prescribed by the 1 1 & 12 Vict. c. 43, 
 for the enforcing of orders of justices requiring the payment of a sum 
 of money — i.e. by distress, after a complaint of disobedience, summons 
 and hearing, and in default of distress imprisonment for not exceeding 
 three calendar months [without hard labour], unless the amount, costs 
 of order, of distress and conveyance to gaol be sooner paid (ss. 19, 22, 
 mU, pp. 175, 179). (Forms, Nos. 43 — 45, p. 525, Oke's " Formu- 
 list," 2nd edit.) See also 16 & 17 Vict. c. 97, s. 102, ante, p. 880, 
 Note 7. 
 
 V. Overseers not accounting. 
 
 Churchwardens and overseers of parishes, not in unions, or any of 17 Geo. 2, c. 38, 
 them, refusing or neglecting to make or yield up, or to submit ac- ^. 2 ; 50 Geo. 3, 
 counts, or to verify the same by oath, or to deliver over to successors, ' ' • • 
 within ten days from the signing and attesting such accounts, any 
 goods, chattels or things remaining in their hands, two or more justices 
 may commit until he, she or they shall have made and yielded up such 
 accounts, and verified same, or delivered over such goods, &c. ; — and 
 for refusing or neglecting to pay to successors, within fourteen days 
 from the signing and attesting accounts, the sums due, they may issue 
 their warrant to levy same on the offender's goods, and in default may 
 commit him to gaol until payment. Where district auditors are ap- 
 pointed, the overseers neglecting or refusing to deliver over books, &o. 
 are liable to be committed likewise until they do so (7 & 8 Vict. c. 101, 
 s. 3J). 
 
 Recovery of Balance found by Union Auditor. 1 The proceedings 7 gr g vict. 
 for recovery of sums certified to be due from overseers or surcharged c. 101, s. 32. 
 by poor law. union auditors, are the same as penalties under s. 99 of 
 4 & 5 Will. 4, c. 76 (ante, p. 447, tit, "Poor," Offences 9—12). See 
 Articles, 11 J. P. 835, 853. 11 & 12 Vict. c. 91, s. 9, provides what 
 shall be reqnired to be proved by auditors before justices in order to 
 recover the sums so certified ;— and by 12 & 13 Vict. c. 103, s. 9, the 
 auditor must commence such proceeding within nine calendar months 
 
 Digitized by Microsoft® 
 
920 As to Matters to he done in Petty Sessions, [part hi. 
 
 from hia disallowance or surcharge ; or, in the event of an application 
 by way of appeal against the same to the Court of Queen's Bench, or 
 to the poor law board, from the determination thereupon. Forma, 
 Nos. 53, 54, pp. 525, 526, Oke's " Formulist," 2nd. edit. 
 
 VI. Allowance and Excusal of Hates. 
 43 Eliz. c. 2. Allowance of Rates.^ By two justices in counties (s. 1), or mayor 
 
 of boroughs or cities (s. 8). The allowance of a rate is a mere 
 ministerial act (i?. v. Justices of Dorchester, 1 Stra. 339), and hence 
 they may sign separately ; but they are bound to sign it if the decla- 
 ration at the foot thereof required by the 6 & 7 Will. 4, c. 96 [and 
 gucere, as well as the amended form in the poor law commissioners' 
 order of accounts of 17th Mai'ch, 1847 {Reff. v. Painter, 16 L. J., 
 M. C, 136; Heg. v. Suffolk Justices, 20 J. P. 69; Re Eastern 
 Counties Railway, Sfc, 24 L. J. (N. S.) M. C. 49)], be signed by the 
 overseers, for the justices may be compelled to do so (-B. v. Lord 
 Oodolphin, 13 L. J. (N. S.) M. C. 57 ; and see Reg. v. EarlofYar- 
 borough, 12 Ad. & El. 416). 
 The form may be : — 
 
 County of ,\ We, two of her Majesty's justices of the peace in and 
 
 to wit. / for the county of , do consent and allow of the fore- 
 going assessment. Witness our hands this day of , 185—. 
 
 The allowance must be at the end of the rate {Ex parte Shelton, 
 18 J. P. 297 ; In re Justices of Staffordshire, 23 L. J. (N. S.) M. C. 
 17). In the city of London the mayor or an alderman may alone 
 allow a rate (43 Eliz. c. 2, s. 8 ; 11 & 12 Vict. c. 43, s. 34). In the 
 metropolitan police district, one magistrate (2 & 3 Vict. c. 71, s. 14). 
 64 Geo. 3, Ercusing Rates.] Two justices, on application of person rated, may, 
 
 on proof of inability through poverty to pay, and with consent of the 
 parish officers, order such person to be excused (s. 1 1)7. Forms of 
 Orders, pp. 524, 525, Oke's " Formulist," 2nd edit. 
 
 170. 
 
 120. 
 
 POST HORSES. 
 2 & 3 Will. 4, Recoveiy of Duty.'] Not exceeding 50Z. before one justice. Sum- 
 mons ; distress warrant on horses, &c. liable to such duty ; in default 
 of sufficient distress, imprisonment in common gaol or house of cor- 
 rection until duty and costs be paid (s. 85). Forms given by the act, 
 and excepted from the operation of 11 & 12 Vict. c. 43, by s. 36, ante, 
 pp. 90, 91. 
 
 7 The practice adopted by some parish officers of making out a list of 
 persons to be execused, and obtaining the signature of two justices thereto, 
 IS illegal, although done with a view of saving the poor persons the fees of 
 the justices' clerk on each person's application (see Poor Law Commis- 
 sioners Report on Local Taxation, pp. 60, 61). The application of the 
 party need not necessarily be made until the overseers attempt to enforce 
 the rate. '^ 
 
 Digitized by Microsoft® 
 
CHAP. II.] Poor— Post Horses— Prixe Fight— Rat 
 
 921 
 
 POST OFFICE. 
 
 Beeovery of Postage.'] Not exceeding 20Z. from any person, or i Vict. t. 36. 
 from any deputy, agent or letter carrier, or any other person employed 
 in receiving or collecting the postage of letters or any of the post 
 office revenue, or from the sureties of any such last-mentioned person, 
 before one justice. Summons; distress warrant;; in default of suffi- 
 cient distress, imprisonment in the prison of the place until debt and 
 expenses paid (s. 43). Forms given by the act, and excepted from the 
 operation of 11 & 12 Vict. c. 43, by s. 35, ante, pp. 90, 01. 
 
 Recovery of Postage of rejected Letters.] From the sender, as above 
 (ss. 13, 13, 14). 
 
 PRIZE FIGHT. 
 A prize fight is a breach of the peace, and all persons present thereat, 10 & 1 1 Vict 
 and who have gone there for the purpose of seeing it, are principals, '" "*■ 
 and indictable for a misdemeanor (fl. v. Perkins, 4 C. & P. 537). 
 Magistrates should cause the intended combatants to be brought before 
 them, and bind them over to keep the peace till the next sessions or 
 assizes (R. v. Billngham, 2 C. & P. 234 ; Forms, p. 526, Oke's " Fm-- 
 mulist," 2nd edit.) ; but if they do not interfere till after the fight is 
 over, they may then issue their warrant for the assault and breach of 
 the peace against any of the parties concernedl. See "Sureties," 
 post. 
 
 RAILWAYS 2. 
 I. Correction of Errors, ^c, in Plans, S;c., infra. 
 11. Consents of Justices to Deviations, Crossings, Sec, p. 922. 
 
 III. Disputes as to Fences, Tolls, Water or Gas Pipes, and Occu- 
 
 pation of Roads and Lands, p. 924. 
 
 IV. Repair of Roads, Bridges, i^c. hy Company, p. 927. 
 
 V. Disputed Cases of Compensation for Lands taken or Damage 
 
 done, p. 929. 
 VI. Payment of Special Constables for Railways, p. 931. 
 
 I. Correction of Errors, Sfc, in Plans, Sj-c. 
 By s. 7, — "if any omission, mis-statement or erroneous description 8 & 9 Vict, 
 shall have been made of any lands, or of the owners, lessees or occu- '^' ^^' 
 
 1 Since 11 & 12 Vict. c. 42, they may be proceeded against by information 
 and summons or warrant, as in cases of felony (see ante, p< 604^). 
 
 2 This act of 8 & 9 Vict. c. 20 is " The Railways Clauses Consolidation 
 Act, 1845," which applies " to every railway which shall by any act which 
 shall thereafter [8th May, 1845] be passed be authorized to be constructed, 
 and this act shall be incorporated with such act" (s. 1). By s. 3, the word 
 "justice" shall mean a justice of the peace acting for the county, city, 
 borough, liberty, cinque port, or place where the matter requiring the 
 cognizance of any such justice shall arise, and wlio shall not be interested 
 in the matter i^and where such matter shall arise in respect of lands, being 
 
 Digitized by Microsoft® 
 
922 As to Matters to he done in Petty Sessions, [part hi. 
 
 8 & 9 Vict, piers of any lands, described on the plans or books of reference mpn- 
 ''• ^"' tioned in the special act, or in the schedule to the special act, it shall 
 
 be lawful for the company, after giving ten days' notice to the owners 
 of the lands affected by such proposed correction, to apply to two jus- 
 tices for the correction thereof; — and if it shall appear to such justices 
 that such omission, mis-statement or erroneous description arose from 
 mistake, they shall: certify the same accordingly, and they shall in 
 such certificate state the particulars of any such omission, and in what 
 respect any such matter shall have been mis-stated or erroneously 
 described ; and such certificate shall be deposited with the clerks of the 
 peace of the several counties in which the lands affected thereby shall be 
 situate, and shall also be deposited with the parish clerks of the seveial 
 parishes in England, and with the postmasters of the post towns in or 
 nearest to such parishes in Ireland, in which the lands affected thereby 
 shall be situate ; — and such certificate shall be kept by such clerks of 
 the peace, parish clerks and postmasters respectively along with the 
 other documents to which they relate ; —and thereupon such plan, book 
 of reference or schedule shall be deemed to be corrected according to 
 such certificate ; and it shall be lawful for the company to make the 
 works in accordance with such certificate." See also s. 15 as to lateral 
 deviations. 
 
 II. Consents of Justices to Deviations, Crossings, Sfc. 
 To Deviation from Levels.] By s. 11— "in making the railway it 
 shall not be lawful for the company to deviate from the levels of the 
 railway, as referred to tlie common datum line described in the section 
 approved of by parliament, and as marked on the same, to any extent 
 exceeding in any place five feet, — or, in passing through a town, 
 village, street or land continuously built upon, two feet,— without the 
 previous consent in writing of the owners and occupiers of the land in 
 which such deviation is intended to be made ;— or in case any street or 
 public highway shall be affected by such deviation, then the same shall 
 not be made without the like consent of the trustees or commissioners 
 having the control of such street or public highway,— or, if there be 
 no such trustees or commissioners, without the like consent of two or' 
 more justices of the peace in petty sessions assembled for that purpose, 
 and acting for the district in which such street or public highway may 
 be situated, or without the like consent of the commissioners for any 
 , public sewers, or the proprietors of any canal, navigation, gasworks 
 
 the property of one and the same party, situate not wholly in any one 
 county, &c., shall mean a justice acting for the county, &c. where any part 
 of such lands shall be situate, and who shall not be interested in such 
 matter ;-and where any matter shall be authorized or required to be done 
 by two justices, the expression " two justices" shall be understood to mean 
 two justices assembled and acting together. 
 
 Digitized by Microsoft® 
 
923 
 
 CHAP. II.] Railways. 
 
 or waterworks aflfected by such deviation :— provided always, that it 8 & 9 Vict. 
 
 shall be lawful for the company to deviate from the said levels to a 
 further extent without such consent as aforesaid, by lowering solid 
 embankments or viaducts, provided that the requisite height of head- 
 way as prescribed by act of pavliament be left for roads, streets or 
 canals passing under the same :— provided also, that notice of every 
 petty sessions to be holden for the purpose of obtaining such consent 
 of two justices as is hereinbefore required shall, fourteen days previous 
 to the holding of such petty sessions, be given in some newspaper cir- 
 culating in the county, and also be affixed upon the door of the parish 
 church in which such deviation or alteration is intended to be made, 
 or, if there be no church, some other place to which notices are usually 
 affixed." 
 
 Crossing RoadsJ] By s. 46, " if the line of the railway cross any 
 turnpike road or public highway, then (except where otherwise pro- 
 vided by the special act) either such road shall be carried over the 
 railway, or the railway shall be carried over such road, by means of a 
 bridge, of the height and width and with the ascent or descent by this 
 or the special act in that behalf provided ;— and such bridge, with the 
 immediate approaches, and all other necessary works connected there- 
 with, shall be executed and at all times thereafter maintained at the 
 expense of the company ; — provided always, that, with the consent of 
 two or more justices in petty sessions, as after mentioned, it shall be 
 lawful for the company to carry the railway across any highway, 
 other than a public carriage road, on the level" 3. See s. 49 as to 
 the construction of bridges over roads. By s. 59, " when the com- 
 pany shall intend to apply for the consent of two justices as herein- 
 before provided, so as to authorize them to carry the railway across 
 any highway other than a public carriage road on the level, they 
 shall, fourteen days at least previous to the holding of the petty ses- 
 sions at which such application is intended to be made, cause notice of 
 such intended application to be given in some newspaper circulating 
 in the county, and also to be affixed upon the door of the parish 
 church of the parish in which such crossing is intended to be made, or 
 if there be no such church some other place to which notices are 
 usually affixed;— and if it appear to any two or more justices acting 
 for the district in which such highway at the proposed crossing thereof 
 is situate, and assembled in petty sessiuns, after such notice as afore- 
 said, that the railway can, consistently with a due regard to the public 
 
 3 In the case of Reg, v. West StaffordsJdre Railway Company (22 J. P. 
 112), it was held that this section provided as well lor the construction of 
 the bridge and the roadway over it as for the futu.e maintenance and 
 repairs of both ; and that the company was not only bound to make the 
 bridge, considered as the substratum of the roadway, but also the roadway 
 on and over that substratum, and to maintain and repair such substratum 
 and roadway. (See North Staffordshire Railway Company v. Dale and others, 
 27L.J.(N.S.)M. C.147.J 
 
 Digitized by Microsoft® 
 
 20. 
 
924 As to Matters to he done in Petty Sessions, [part hi. 
 
 8 & 9 Vict, safety and convenience, be earned across such highway on the level, 
 <=• 20. it shall be lawful for such justices to consent that the same may be so 
 
 carried accordingly." An appeal is given by s. 60, which enacts, — 
 " if either party shall feel aggrieved by the determination of such 
 justice upon any such application as aforesaid, it shall be lawful for 
 such party, in like manner and subject to the like conditions as are 
 hereinafter [i. e. in s. 157, Note 55, ante, p. 257] provided in the case 
 of appeals in respect of penalties and forfeitures, to appeal to the 
 quarter sessions of the county or place in which the cause of appeal 
 shall have arisen ; — and it shall be lawful for the justices in such 
 quarter sessions, upon the hearing of such appeal, either to confirm or 
 quash the determination, or to make such other order in regard to the 
 method of carrying the railway across such highway as aforesaid, as 
 to them shall seem fit, and to make such order concerning the costs 
 both of the original application and of the appeal as to them shall 
 seem reasonable." 
 
 III. Disputes as to Fences, Tolls, Water or Gas Pipes, and Occupa- 
 tion of Soads and Lands. 
 
 Water or Gas Pipes.'} By s. 19, it is provided, " that it shall not 
 be lawful for the company to remove or displace any of the mains or 
 pipes (other than private service pipes), syphons, plugs or other works 
 belonging to any sucTi company (see s. 18) or society, or to do any 
 thing to impede the passage of water or gas into or through such 
 mains or pipes, until good and sufficient mains or pipes, syphons, 
 plugs and all other works necessary or proper for continuing the 
 supply of water or gas as sufficiently as- the same was supplied by the 
 mains or pipes proposed to be removed or displaced, shall, at the 
 expense of the company, have been first made and laid down in lieu 
 thereof, and be ready for use, in a position as little varying from that 
 of the pipes or mains proposed to be removed or displaced as may be 
 consistent with the construction of the railway, and to the satisfiiction 
 of the surveyor or engineer of such water or gas company or society, 
 — or, in case of disagreement between such surveyor or engineer and 
 the company, as a justice shall direct." 
 
 Lands for Spoil Banks, Sidings or Materials.] By ss. 33, 34, the 
 railway company is to give three weeks' notice to the owners and 
 occupiers of lands required for spoil banks, sidings or materials, pre- 
 vious to temporary possession being taken. By s. 35, the owners may 
 object that otlier lands ought to be taken. By s. 36, " if the objection 
 so made be on the ground that the lands proposed to be taken, or some 
 part thereof, or of the materials contained therein, are essential to be 
 retained by the owner in order to the beneficial enjoyment of other 
 neighbouring lands belonging to him, it shall be lawful for any jus- 
 tice, on the application of such owner, to summon the company to 
 appear before two justices at a time and place to be named in the 
 
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CHAP. II.] Railways. 925 
 
 summons, such time not being later than the expiration of the said 8 & 9 Vict. 
 
 twenty-one days' notice ; — and on tlie appearance of the company, or, 
 in their absence, upon proof of the due service of the summons, it shall 
 be lawful for such justices to inquire into the truth of such ground of 
 objection ; and if it appear to such justices that for some special reason, 
 to be stated in the order after mentioned, the lands so proposed to be 
 taken, or any part thereof, or of the materials contained therein, are 
 essential to be retained by the owner of such lands in order to the 
 beneficial enjoyment of other neighbouring lands belonging to him, 
 and ought not therefore to be taken or used by the company, it shall 
 be lawful for such justices, by writing under their hands, to order that 
 the lands so proposed to be taken, or some part thereof, or of the 
 materials contained therein, to be specified in such order, shall not be 
 taken or used by the company, — and after service of such order on the 
 company, it shall not be lawful for them to take or use, without the 
 previous consent in writing of the owner thereof, any of the lands or 
 materials which by such order they are ordered not to take or use." 
 By s. 37, "if the objection so made as aforesaid be on the ground that 
 other lands lying contiguous to those proposed to be taken, and being 
 sufficient in quantity, and such as the company are hereinbefore 
 authorized to use for the purposes aforesaid, would be more fitting to 
 be used by the company, and if in such case the company shall refuse 
 to occupy such other lands in lieu of those mentioned in the notice, it 
 shall be lawful for any justice, on the application of such owner or 
 occupier, to summon the company and the owners and occupiers of 
 such other lands to appear before two justices at a time and place to 
 be named in such summons, such time not being more than fourteen 
 days after such application nor less than seven days from the service 
 of such summons; — and on the appearance of the parties, or, in the 
 absence of any of them, upon proof of due service of the summons, it 
 shall be lawful for such justices to determine summarily which of the 
 said lands shall be used by the company for the purposes aforesaid, 
 and to authorize the company to occupy and use the same accord- 
 ingly." By s. 38, " if in the case last mentioned it shall appear to 
 such justices, upon the inquiry before them, that the lands of any 
 other party not summoned before them, being sufficient in quantity, 
 and such as the company are hereinbefore authorized to take or use 
 for the purposes aforesaid, would be more fitting to be used by the 
 company than the lands of the person who shall have been so sum- 
 moned as aforesaid, it shall be lawful for the said justices to adjourn 
 such inquiry, and to summon such other person to appear before them 
 at any time, not being more than fourteen days from such inquiry, nor 
 less than seven days from the service of such summons; — and on the 
 appearance of the parties, or, in the absence of any of them on proof 
 of due service of the summons, it shall be lawful for such justices to 
 determine fiinally which lands shall be used for the purposes aforesaid, 
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 c. 20. 
 
926 As to Matters to be done in Petti/ Sessions, [part hi. 
 
 8 & 9 Vict, aud to authorize the company to occupy and use the same accord- 
 "• ^^- ingly." By s. 39, " before entering, under the provisions herein- 
 
 before contained, upon any such lands as shall be required for spoil 
 banks or for side cuttings, or for obtaining materials or forming roads 
 as aforesaid, the company shall, if required by the owner or occupier 
 thereof, seven days at least before the expiration of the notice to take 
 such lands as hereinbefore mentioned, find two sufficient persons, to 
 be approved of by a justice in case the parties differ, who shall enter 
 into a bond to such owner or occupier in a penalty of such amount as 
 shall be approved of by such justice, in case the parties differ, condi- 
 tioned for the payment of such compensation as may become payable 
 in respect of the same in manner herein mentioned." 
 
 Fences and Gates for Lands and Private Roads severed.] By 
 s. 40, — " before the company shall use any such lands for any of 
 the purposes aforesaid they shall, if required so to do by the owner or 
 occupier thereof, separate the same by a sufficient fence from the lands 
 adjoining thereto, with such gates as may be required by the said 
 owner or occupier for the convenient occupation of such lands, and 
 shall also, to all private roads used by them as aforesaid, put up fences 
 and gates in like manner, in all cases where the same may be necessary 
 to prevent the straying of cattle from or upon the lands ti-aversed by 
 such roads, — and in case of any difference between the owners or 
 occupiers of such roads and lands and the company as to the necessity 
 for such fences and gates, such fences and gates as any two magistrates 
 shall deem necessary for the purposes aforesaid, on application being 
 made to them in like manner as hereinbefore is provided in respect to 
 the use of such roads." By s. ,41, — " if any land shall be taken or 
 used by the company under the provisions of this or the special act, for 
 the purpose of getting materials therefrom for the construction or repair 
 of the railway, or the accommodation works connected therewith, they 
 shall work the same in such manner as the surveyor or agent of the 
 owner of such land shall direct, or, in case of disagreement between 
 such suj'veyor or agent and the company, in such manner as any justice 
 shall direct, on the application of either party, after notice of the 
 hearing of the application shall have been given to the other party." 
 
 Rent and Damages for temporary Occupation of Lands.] By s.42, 
 owners of lands may in certain cases compel the railway company to 
 purchase land temporarily occupied ; and by s. 43,— "in any of the cases 
 aforesaid, where the company shall not be required to purchase such 
 lands, and in all other cases where they shall take temporary possession 
 of lands by virtue of the powers herein or in the special act granted, 
 it shall be incumbent on the company, within one month after their 
 entry upon such lands, upon being required so to do, to pay to the 
 occupier of the said lands the value of any crop or dressing that may 
 be thereon, as well as full compensation for any other damage of a 
 temporary nature which he may sustain by reason of their so taking 
 
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CHAP. 11.] Railways. 927 
 
 possession of his lands, and shall also from time to time during their 8 & 9 Vict. 
 
 occupation of the said lauds pay half-yearly to such occupier or to the "' '^'^' 
 
 owner of the lands, as the case may require, a rent to be fixed by two 
 
 justices, in case the parties differ, and shall also within six months 
 
 after they shall have ceased to occupy the said lands, and not later 
 
 thau six months after the expiration of the time by the special act 
 
 limited for the completion of the railway, pay to such owner and 
 
 occupier, or deposit in the bank for the benefit of all parties interested, 
 
 as the case may require, compensation for all permanent or other 
 
 loss, damage or injury that may have been sustained by them by 
 
 reason of the exercise, as regards the said lands, of the powers herein 
 
 or in the special act granted, including the fuU value of all clay, stone, 
 
 gravel, sand and other things taken from such lands." 
 
 Tolls.^ By s. 100, — "if any dispute arise concerning the amount 
 of the tolls due to the company, or concerning the charges occasioned 
 by any detention or sale thereof under the provisions herein or in the 
 special act contained, the same shall be settled by a justice; — and it 
 shall be lawful for the company in the meanwhile to detain the goods, 
 or (if the case so require) the proceeds of the sale thereof." 
 
 IV. Repair qfSoads, Bridges, Sj-c. by Company. 
 Roads.^ By s. 58, — " if in the course of making the railway the 
 company shall use or interfere with any road, they shall from time to 
 time make good all damage done by them to such road ; — and if any 
 question shall arise as to the damage done to any such road by the 
 company, or as to the repair thereof by them, such question shall be 
 referred to the determination of two justices ; — and such justices may 
 direct such repairs to be made in the state of such road, in respect of the 
 damage done by the company, and within such period as they think 
 reasonable, and may impose on the company, for not carrying into 
 effect such repairs, any penalty not exceeding £.5 per day as to such 
 justices shall seem just ;— and such penalty shall be paid to the sur- 
 veyor or other person having the management of the road interfered 
 with by the company, if a public road, and be applied for the 
 puiposes of such road, or if a private road, the same shall be paid 
 to the owner thereof; — provided always, that in determining any 
 such question with regard to a turnpike road the said justices 
 shall have regard to and shall make full allowance for any tolls that 
 may have been paid by the company on such road in the course 
 of the using thereof" 3. 
 
 3 A railway company, in pursuance of the powers of their act, pulled 
 down a county bridge and erected another, at the same time entering into 
 an agreement with the trustees of the road to repair such portion of the 
 approaches to the bridge as had previously been repaired by the county ; it 
 was held, that this was not such an interference with the road as came within 
 this section i and, consequently, the court refused to grant a mandamus 
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928 As to Matters to be done in Petty Sessions, [part hi. 
 
 8 & 9 Vitt. An appeal is given against the justices' determination, by s. 60, ante, 
 "■^O- p. 924. 
 
 Ascents, Handrails, Sfc. on Level Crossings.'] — By s. 62, " if, wljere 
 the railway shall cross any highway on the level, the company fail to 
 make convenient ascents and descents, or other convenient approaches, 
 and such handrails, fences, gates and stiles as they are. hereinbefore 
 required to make, it shall be lawful for two justices, on the application 
 of the surveyor of roads, or of any two householders within the parish 
 or district where such crossing shall be situate, after not less than ten 
 days' notice to the company, to order the company to make such ascent 
 and descent or other approach, or such handrails, fences, gates or stiles 
 as aforesaid, within a period to be limited for that purpose by such 
 justices ; — and if the company fail to comply with such order they shall 
 forfeit £5 for every day that they fail so to do j^and it shall be lawful 
 for the justices by whom any such penalty is imposed to order the whole 
 or any part thereof to be applied, in such manner and by such person 
 as they think fit, in executing the work in respect whereof such 
 penalty was incurred.'' 
 
 Bridges, Fences, Gates, Sfc. out of Repair.] By s. 65, — "where, 
 under the p) ovisions of this or the special act, or any act incorporated 
 therewith, the company are required to maintain or keep in repair any 
 bridge, fence, approach, gate or other work executed .by them, it shall 
 be lawful for two justices, on the application of the surveyor of roads, 
 or of any two householders of the parish or district where such work 
 may be situate, complaining that any such work is out of repair, after 
 not less than ten days' notice to the company, to order the company 
 to put such work into complete repair within a period to be limited for 
 that purpose by such justices ; — and if the company fail to comply with 
 such order, they shall forfeit £5 for every day they shall fail so to do ; 
 — and it shall be lawful for the justices by whom any such penalty is 
 imposed to order the whole or any part thereof to be applied, in such 
 manner and by such persons as they think fit, in putting such work 
 into repair." 
 
 Execution of Accommodation Worhs, Gates, S^c. Drains, ^c.for 
 Owners and Occupiers?^ By s. 68, railway companies are required to 
 maintain certain works, such as gates, bridges, fences, drains and 
 
 commanding the company to repair the road { Hx parte Exeter Road Trustees, 
 16 Jur. 669). In the case of the London and North Western Railway Com- 
 pany v. Wetherall (20 L. J., Q. B. 337 ; M. C. 243 ; 16 Jur. 247 ; 16 J. P. i\ 
 it was held, that an order of justices under this section, directing a railway 
 company to repair damage done by them to a road, need not specify the 
 particulars of the damage done, or of the repairs ordered, if it states the, 
 length of road injured, and directs the damages done to be made good. 
 Also that such an order, as well as a conviction adjudging a penalty for its 
 disobedience, may include several-roads situate in the same parish. A con- 
 viction purporting to be made by virtue of this act was also held sufficient 
 {Ftde Forms of Order, Conviction and Distress Warrant, Oke's "Law of 
 Turnpike Roads," pp. 355—358.) 
 
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CHAP. II. j Railways. 929 
 
 watering places for the accommodation of the owners and occupiers 8 & 9 Vict. 
 
 of lands adjoining the railway. By s. 69, "if any difference arise 
 respecting the kind or numher of any such accommodation works, or 
 the dimensions or sufficiency thereof, or respecting the maintaining 
 thereof, the same shall be determined by two justices; — and such jus- 
 tices shall also appoint the time within which such works shall be com- 
 menced and executed by the company." By s. 70, " if for fourteen 
 days next after the time appointed by such justices for the commence- 
 ment of any such works the company shall fail to commence such 
 works, or having commenced shall fail to proceed diligently to execute 
 the same in a sufficient manner, it shall be lawful for the party aggrieved 
 by such failure himself to execute such works or repairs ; — and the rea- 
 sonable expenses thereof shall be repaid by the company to the party by 
 whom the same shall so have been executed ; — and if there be any dis- 
 pute about such expenses the same shall be settled by two justices ; — 
 provided always, that no such owner or occupier or other person shall 
 obstruct or injure the railway, or any of the works connected there- 
 with, for a longer time, nor use them in any other manner than is 
 unavoidably necessary for the execution or repair of such accommoda- 
 tion works." By s. 71, " if any of the owners or occupiers of lands 
 affected by sach railway shall consider the accommodation works made 
 by the company, or directed by such justices to be made by the com- 
 pany, insufficient for the commodious use of their respective lands, it 
 shall be lawful for any such owner or occupier, at any time, at his 
 own expense, to make such further works for that purpose as he shall 
 think necessary, and as shall be agreed to by the company, or, in case 
 of difference, as shall be authorized by two justices." 
 
 V. Disputed Cases of Compensation for Land taken or Damage done. 
 
 Temporary Occupation of Private Hoods.] By s. 30, " subject to 
 the provisions herein and in the special act contained, it shall be lawful 
 for the company, at any time before the expiration of the period by the 
 special act limited for the completion of the railway, to enter upon and 
 use any existing private road, being a road gravelled or formed with 
 stones or other hard materials, and not being an avenue or a planted 
 or ornamental road, or an approach to any mansion house, within the 
 prescribed limits, if any, or, if no limits be prescribed, not being more 
 than 500 yards distant from the centre of the railway as delineated 
 on the plans; — ^but before the company shall enter upon or use any 
 such existing road they shall give three weeks' notice of their intention 
 to the owners and occupiers of such road, and of the lands over which 
 the same shall pass, and shall in such notice state the time during 
 which, and the purposes for which they intend to occupy such road, 
 and shall pay to the owners and occupiers of such road, and of the 
 lands through which the same shall pass, such compensation for the 
 use and occupation of such road, either in a gross sum of money or by 
 
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 c. 20. 
 
930 As to Matters to be done in Petty Sessions, [part hi. 
 
 8 & 9 Vict, half yearly instalments, as shall be agreed upon between such owners 
 
 ''• ' and occupiers respectively and the company, or in case they differ about 
 
 the compensation, the same shall be settled by two justices, in the same 
 manner as any compensation, not exceeding j£50, is directed to be 
 settled by the said Lands Clauses Consolidation Act 4-" 
 
 Lands Clauses Act incorporated with 8^9 Vict. c. 20.] The 
 Lands Clauses Consolidation Act, 1845, 8 & 9 Vict. c. 18, contains a 
 variety of provisions as to settling cases of disputed compensation for 
 lands before justices, which see c^te, p. 868, tit. "Lands Ckaises Act." 
 By s. 6 of this act, 8 & 9 Vict. c. 20, in exercising the power given to 
 the company by the special act to construct the railway, and to take 
 lands, the company shall be subject to the provisions of the 8 & 9 Vict. 
 0. 18, making compensation to owners and occupiers, "and, except 
 where otherwise provided by this or the special act, the amount of such 
 compensation shall be ascertained and determined in the manner pro- 
 vided by the said Lands Clauses Consolidation Act for determining 
 questions of compensation with regard to lands purchased or taken 
 under the provisions thereof; — and all the provisions of the said last- 
 mentioned act shall be applicable to determining the amount of any 
 such compensation, and to enforcing the payment or other satisfaction 
 thereof." (See also s. 44.) 
 
 Mode of ascertaining Damages.'] By s. 140, "in all cases where 
 any damages, costs or expenses are by this or the special act, or any 
 act incorporated therewith, directed to be paid, and the method of 
 ascertaining the amount or enforcing the payment thereof is not pro- 
 vided for, such amount, in case of dispute, shall be ascertained and 
 determined by two justices; — and if the amount so ascertained be not 
 paid by the company or other party liable to pay the same within 
 seven days after demand, the amount may be recovered by distress of 
 the goods of the company or other party liable as aforesaid;— and the 
 justices by whom the same shall have been ordered to be paid, or 
 either of them, or any other justice, on application, shall issue their or 
 his warrant accordingly.'' By s. 141, " if sufficient goods of the 
 company cannot be found whereon to levy any such damages, costs 
 and expenses payable by the company, the same may, if the amount 
 thereof do not exceed £20, be recovered by distress of the goods of the 
 treasurer of the company ; — and the justices aforesaid, or either of 
 them, on application, shall issue their or his warrant accordingly ; — 
 but no such distress shall issue against the goods of such treasurer 
 unless seven days' previous notice in writing, stating the amount so 
 due, and demanding payment thereof, have been given to such trea- 
 surer, or left at his residence ; — and if such treasurer pay any money 
 under such distress as aforesaid, he may retain the amount so paid by 
 him, and all cost and expenses occasioned thereby, out of any money 
 
 4 Vide title "Lands Clauses Act," ante, p. 868. 
 
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uMAi-. n.j Mailmays — Rates — Recovery. 931 
 
 belonging to the company coming into his custody or control, or he 8 & 9 Vict, 
 may sue the company for the same." "• ^^- 
 
 Method of Proceeding in Questions of Damages, Compensation, 
 Sj-e."] By s. 142, — " where in this or the special act any question of 
 compensation, expenses, charges or damages, or other matter, is re- 
 ferred to the determination of any one justice or more, it shall be 
 lawful for any justice, upon the application of either party, to summon 
 the other party to appear before one justice, or before two justices, as 
 the case may require, at a time and place to be named in such sum- 
 mons ; — and upon the appearance of such parties, or in the absence of 
 any of them, upon proof of due service of the summons, it shall be 
 lawful for such one justice, or such two justices, as the case may be, to 
 hear and determine such question, and for that purpose to examine 
 such parties or any of them, and their witnesses, on oath ; — and the 
 cost of every such inquiry shall be in the discretion of such justices, 
 and they shall determine the amount thereof." 
 
 A justice may also, by s. 134, receive a declaration from an arbi- 
 trator or umpire appointed under the act, who is required to make 
 such declaration before he enters into the consideration of the matters 
 referred to him ; and such declaration may be made before any justice 
 anywhere (see Davis v. South Staffordshire Railway Company, 15 
 J. P. 787). 
 
 VI. Payment of Special Constables for Railways. 
 An order for payment to the special constables appointed under i & 2 Vict. 
 1 & 2 Will. 4, c. 41 (ante, p. 821), may be made by two or more jus- '^- 80. 
 tices on treasurer of company, &c., on oath of three or more credible 
 witnesses, within one calendar month from appointment, that such ap- 
 pointment was occasioned by the behaviour, &c. of the persons em- 
 ployed upon the railway. Order to be sent to secretary of state, and, 
 if allowed by him, to be binding ; — may be levied by distress on goods 
 of company by warrant of two justices. Secretary of state may dis- 
 allow order altogether or in part, in which case the expenses are to be 
 paid out of county rate, &c. (ss. 1, 2, 3 of 1 & 2 Vict. c. 80). Form 
 of Order, No. 4, p. 528, Oke's "Formalist," 2nd edit. 
 
 RATES- RECOVERY. 
 I. Recovery of Poor and other Rates, infra. 
 II. Apportioning Rates on Removal, p. 934. 
 
 I. Recovery of Poor and other Rates. 
 By the Stat. 43 Eliz. c. 2, s. 4, the present [or subsequent, 17 Geo. 2, 
 c. 38, s. H] churchwardens and overseers, or any of them, by warrant 
 from any two justices 1, may levy rates and all arrearages of persons 
 
 1 Proceedings cannot be taken in the county courts for rates, as no action 
 lies for them (Stevens v. Evans, 2 Burr. 1152 ; 1 Bla. Rep. 284 ; Underhill v. 
 EUkombe, M'Clel. 8e Y. 456). 
 
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H. 
 
 932 As to Matters to he done in Petty Sessions, [part hi. 
 
 refusing to contribute according as they should be assessed, by distress 
 and sale of the offender's goods ; and in default, two justices might 
 commit him to gaol " there to remain without bail or maiiiprize until 
 12 & 13 Vict, payment;" but now by 12 & 13 Vict. c. 14, the mode of proceeding is 
 pointed out for the recovery of " any sum or sums to which any per- 
 son or persons is or are now [11th May, 1849] or may hereafter be 
 rated or assessed in or by any rate or assessment for the relief of the 
 poor or for the highways in England or Wales, or in or by any other 
 rate or assessment which by law now or hei'eafter is or shall be directed 
 to be enforced or recovered in the same manner as a poor rate" (s. 1). 
 By the same section, which recites that "no provision is made for 
 levying the costs and expenses incurred by the overseers of the poor or 
 the surveyors of highways in the recovery of the same respectively," 
 the justices may order a reasonable sum for costs and expenses, to be 
 levied with the rate, which could not formerly have been done (Clarke 
 V. Woods and others, 17 L. J. (N. S.) M. C. 189) 2- The imprison- 
 ment in default of distress is also now limited to not exceeding three 
 calendar months, unless the rates and costs be sooner paid (s. 2). 
 
 Procedure-I One of the overseers or surveyors [or an assistant over- 
 seer appointed by the poor law commissioners, or vestry, or justices, or 
 a collector of highway rates appointed under 6 & 6 "Will. 4, c. 50, 
 s. 36] makes a complaint [of which there is no limited time 2] to a 
 
 2 None of the provisions of Jervis's Act, 1 1 & ] 2 Vict. c. 43, apply to the 
 recovery of the poor and otherrates mentioned in the 12 & 13 Vict. c. H, s. 1, 
 supra. It has, however, been said by counsel, whose opinion was asked by the 
 city magistrates in June, 1851, tliat the recovery of poor rates is within the 
 scope of II & 12 Vict. c. 43, although the order made by the justices is in the 
 form of a warrant, instead of being a direct order upon the defendant j and 
 that, therefore, sect. II of that act, ante, p. 95, limiting the time of making the 
 complaint to six months, applies. This opinion has since been acted upon 
 in practice in the City Justice Rooms under the presumed authority of the 
 case of Ex parte Leeds and Bradford Railway Company, noticed ante, pp. 91, 
 92 ; although the recital, quoted supra, and the other provisions of the later 
 act, 12 & 13 Vict. c. 14, do not appear to have been brought to the notice 
 of the learned counsel. To this opinion the writer could not assent, for 
 these reasons:— 1st. The 11 & 12 Vict. c. 43 applies only to cases where 
 justices commit or make an order of an award, or adjudication in the nature 
 or to the effect of an order ; 2nd. No such order, award or adjudication is 
 necessary or required in a case of nonpayment of these rates j but a distress 
 warrant issues forthwith on it being proved to the justices that the defendant 
 is assessed in the rate, and that demand has been made of the sum assessed 
 which is unpaid {vide Forms of Distress Warrants, C. I and C. 2, in schedule of 
 12 & 13 Vict. c. 14, which do not allude to an order like the form of Distress 
 Warrant, N. 1, in the II & 12 Vict c. 43, ante, p. 178) ; 3rd. That if Jervis's 
 Act did apply (putting aside the question whether the case of the Leeds 
 and Bradford Railway Company is applicable to the point), there would have 
 been no necessity for the passing, in the next session, of the 12 & 13 Vict 
 c. 14, which recites, as the fact then was, from the decision of Clarice v. Woods 
 and others, supra, that there was no mode of levying the costs and expenses 
 incurred in recovering the rates, because the 11 & 12 Vict. c. 43 had aheady 
 provided most ample and comprehensive provisions for the recovery of costs 
 in all informations and complaints within its provisions (by s. 18, ante, 
 
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CHAP. II.] Rates, Recovery. 933 
 
 justice, who issues his summons to the party making default in pay- 12 & 13 Vict. 
 
 ment 3 ; which may be served by the complainant, a constable or ."lill— 
 
 other person upon the defaulter personally, or by leaving the same 
 with some person for him at his or her last place of abode a reasonable 
 time before the day of appearance, and on non-appearance the justices 
 may proceed ex parte on proof on oath of the service (s. 5). 
 
 Hearing, ^c] The proofs necessary at the hearing, which must 
 take place before two justices, will be — the making of the rate, and 
 the signing of the declaration at the foot, — the allowance by two 
 justices 4,— the publication of the rate [on the next Sunday after the 
 allowance, 17 Geo. 2, c. 3, s. 1], — the rating of the defendant,— the 
 personal demand by the overseer, &c. - and the non-payment [for 
 seven days previous to issuing the summons (54 Geo. 3, c. 170, s. 12)], 
 — and under the 13 & 14 Vict. c. 99, where the owner is rated as such 
 for small tenements, not being the occupier, there must be the addi- 
 tional proof of the order or resolution of the meeting declaring that 
 the owners shall be rated instead of the occupiers thereof. If the jus- 
 tices direct payment of the rate or rates, they may be levied imme- 
 diately or otherwise, as they may direct, on the goods of the defaulter 
 under a warrant of distress granted by the same two justices, with the 
 costs (s. 1), and any number of persons may be included in the same 
 warrant (s. 3) 5, and the levy may be made " not only in the place for 
 
 p. H8), also forms of Distress Warrant and Commitment, the same period 
 of imprisonment in default of distress (by s. 22, ante, p. 179) as in s. 2 of 
 the 12 & 13 Vict. u. 14, the same mode of service of the summons (s. 5), and 
 the issue of distress warrant (s. 4). If, therefore, the 11 & 12 Vict. c. 43 
 did not, as' admitted by the recital in the 12 & 13 Vict. c. 14, apply as 
 respects the costs, it could not apply as to the time of making the complaint. 
 Mr. Archbold, in his 3rd ed. of Jervis's Act, p. 212, Paley, 4th ed. p. 52, 
 and 21 J. P. 831, are also of the latter opinion. 
 
 3 The certificate of a bankrupt is a bar to the levying of the rate upon 
 the bankrupt's subsequently acquired goods, but the rate or arrears may be 
 proved under the fiat (Tn re Wetherall and another, Justices of Sussex, 19 
 L. J. (N. S.)M. C. 115; 14 J. P. 224; 12 & 13 Vict. c. 106,5. 240), and of 
 course a commitment cannot issue against the defaulter. It may, however, 
 issue against him, if he be an insolvent, and the rate is not named as a debt 
 in the schedule, nor claimed by the overseers as creditors, inasmuch as the 
 final order in insolvency only protects from debts, &c., named in the schedule 
 as due to creditors, or persons claiming to be creditors (see 7 & 8 Vict. c. 96, 
 s. 22 J Arch. County Courts Pr. p. 224, 6th ed. ; 20 J. P. 619). Where 
 owners are assessed under the statute 13 & 14 Vict. o. 99, the poor and 
 highway rates may be levied on the goods of the owners in the same way as 
 the occupiers when assessed; "and further, the goods and chattels of the 
 occupiers of such tenements shall he liable to be distrained and sold for 
 payment of such of the said rates as shall accrue due during their respective 
 occupations in the same way as if such rates were assessed on such occu- 
 piers." It is optional, therefore, with the complainant, who he will have 
 summoned. 
 
 4 The allowance must be at the end of the rate, and therefore justices are , 
 not bound to issue a distress warrant for a rate signed only in the middle 
 (/« re Justices of Staffordshire, 23 L. J. (N. S.) M. C. 17 ; Ex parte Shelton, 
 
 18 J. P. 297). 
 
 5 See Note 3, supra. A distress warrant may issue against any one of a 
 
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934 As to Matters to be done in Petty Sessions, [part hi. 
 
 12 & 13 Vict which such assessment was made but in any other place within the 
 °- ^^' same county or district" (17 Geo. 2, c. 38, s. 7) ;— and in default of 
 
 distress, two or more justices, and not one, as the form shows, may 
 issue their commitment of the offender to the common gaol or house of 
 correction for any time not exceeding three calendar months, unless the 
 sums therein mentioned, including the costs of taking and conveying 
 him to prison, shall be sooner paid (s. 2) ; — but several persons cannot 
 be included in the same commitment, and there must be a separate one 
 for each (s. 3). The justices may give time for payment, so far as to 
 withhold the issuing of the distress warrant for a specified period, and 
 it is in such cases dated on the day of hearing and kept in the clerk's 
 hands ready to be issued if default made in payment on the day ap- 
 pointed. 
 
 Forms."] The several forms given in the schedule to the 12 & 13 
 Vict. c. 14, will be found in Oke's " Formulist," 2nd edit. pp. 529 — 
 534 (see s. 8). 
 41 Geo. 3, c. 23. Enforcing, pending Appeal-I By stat. 41 Geo. 3, c. 23, s, 2, a rate 
 may be levied notwithstanding the party or any other person shall 
 have given notice of appeal from or against such rate, for any cause 
 whatsoever: — provided, that from and after the giving of such notice 
 no proceedings shall be commenced or carried on to recover any greater 
 sum of money than the sum at which the same premises shall have 
 been rated or assessed in the last effective rate collected in the pai-ish, 
 &c. If rate on appeal quashed, proceedings not to be commenced or 
 continued (s. 3). See Beg. v. Parker, 26 L. J. (N. S.) M. C. 199 ; 
 Meg. v. Justices of Kingston-upon-Thames, 22 J. P. 36 ; see "Ad- 
 denda et Errata" for correction at p. 801. 
 
 II. Apportioning Sates on Removal. 
 17 Geo. 2, c. 38. By s. 12, after reciting that persons frequently remove out of parishes 
 or places without paying the rates assessed on them, and other persons 
 enter and occupy their houses and tenements part of the year, by reason 
 whereof great sums are annually lost to such parishes and places, 
 enacts — " that where any person or persons shall come into or occupy 
 any house, land, tenement or hereditament, or other premises, out of 
 or from which any other person assessed shall be removed, — or which 
 at the time of making such rate was empty or unoccupied, — that then 
 every person so removing from, and every person so coming into or 
 occupying the same, shall be liable to pay such rate in proportion to 
 the time that such person occupied the same respectively, in the same 
 
 number of tenants in common refusing to pay a rate assessed on all of them 
 (Paynter v. Reg., 16 L. J. (M. C.) 136. By 11 & 12 Vict. c. 44, s. 4, no 
 action shall be brought against a justice for issuing a distress warrant for 
 a poor rate, by reason of any defect in the rate or that the party is not 
 rateable. For the charges upon distress, see ante, p. 834, tit. " Distress." 
 The overseer to whom the warrant is directed may execute it by deputy 
 {Walsh V. Southwell, 20 L. J. (M. C.) 165; 16 Law T. 391 ; 15 J. P. 452). 
 
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CHAP. II.] Rates, Recovery— Reformatory Schools. 935 
 
 manner and under the like penalty of distress as if such person so 
 removing had not removed, or such person so coming in or occupying 
 had been originally rated and assessed in such rate ; — which said pro- 
 portion, in case of dispute, shall be ascertained by any two or more 
 of her majesty's justices of the peace. {Vide Forms, Nos. 7—9, Oke's 
 "FormuKst," 2nd edit. p. 534.) 
 
 As to recovering rates under the Public Health Act and Lighting 
 and Watching Act, see those titles, ante, pp. 848, 870. 
 
 REFORMATORY SCHOOLS. 
 
 As to the certifying of reformatory schools, when juveniles can be 
 sent to such schools, &c. &c., see an abstract of the several acts, ante, 
 pp. 157—165. 
 
 Enforcing Cost of Maintenance of a Juvenile Offender from the 20 & 21 Vict. 
 Parent.'] Originally the 18 & 19 Vict. c. 87, s. 2, applied to this sub- "=• ^^• 
 ject, but so much of that section as is inconsistent! with the provisions 
 of 20 & 21 Vict. c. 55, was repealed by s. 12 of the latter act, which 
 provisions we now proceed to give, with the portions of the 18 & 19 
 Vict. c. 87, s. 2, not repeated in the last act, or inconsistent there- 
 with, placed within brackets. By s. 8 of 20 & 21 Vict. c. 55, " in 
 every case in which any juvenile offender shall be sentenced to be 
 detained in a reformatory school under the said act of the 17th and 
 18th years of her Majesty 2) or any of the acts amending the same, by 
 any justices of the peace in petty sessions or by any stipendiary or 
 police magistrate in England and Wales, such justices or magistrate, 
 at the time of passing such sentence, or within fourteen days thereof 
 (see Note 3, p. 936), may issue a summons calling upon the parent 
 or step-parent of such offender to appear before them or him, — and on 
 the hearing of such summons, whether the party summoned shall 
 appear or not, may examine into the ability of such parent or step- 
 parent to contribute to such offender's support and maintenance, and 
 [' if on consideration of all the circumstances of the case they think 
 fit,' 18 & 19 Vict. c. 87, s. 2] may make an order upon him or her for 
 the payment of such weekly sum (not exceeding 5s.) as shall seem 
 reasonable during the whole or any part of the detention of such 
 offender in such reformatory school ; — ;and in every case in which such 
 sentence of detention shall be passed Tjy any court of assize or quarter 
 sessions in England and Wales, such court may direct any officer of 
 the same to certify the said sentence to the next meeting of justices in 
 petty sessions for the district or town from which such offender shall 
 have been committed (or to any police or stipendiary magistrate of the 
 said district, as the case may be), and such justices or magistrate may 
 proceed to summon the parent or step-parent of such offender, and to 
 make an order upon him or her in manner hereinbefore provided, as if 
 
 1 See Note 3, post, p. 936. 2 17 & 18 Vict. c. 86, ante, p. 157. 
 
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936 As to Matters to he done in Petty Sessions, [part iti. 
 
 20 & 21 Vict, the sentence had been passed by themselves or himself in due course of 
 c-55. law." 
 
 By s. 9," in any case wherein no such order shall have been made 
 as hereinbefore provided [i. e. s. 8, p. 935, within fourteen days of 
 the sending] it shall be lawful, at any time during the detention of 
 such juvenile offender, for any two justices of the peace or any 
 police or stipendiary magistrate in England or Wales acting for the 
 county or borough or other jurisdiction loithin which the parent or 
 step-parent cf such offender shall be residing 3, on the complaint of 
 any person authorized by one of her Majesty's principal secretaries of 
 state to take proceedings under the said acts or any of them, to sum- 
 mon such parent or step-parent before them, and to examine into his 
 or her ability, and [' if on consideration of all the circumstances of the 
 case they think fit,' 18 & 19 Vict. c. 87, s. 2] to make such order for a 
 sum not exceeding 6s. per week, to be paid by him or her as aforesaid." 
 Sect. 10 provides, " that it shall be lawful for any two justices of the 
 peace or for any police or stipendiary magistrate in England or Wales 
 from time to time, on the representation of such parent or step-parent, 
 or any person authorized by the secretary of state to take proceedings 
 as aforesaid, at any time while the first order [' the order to pay'] 
 continues in force, to make further inquiry into the parent or step- 
 parent's ability, and to remit — or lessen— the amount of the weekly 
 payment that shall have been previously assessed upon him or her, — 
 or to increase the same, if they see cause so to do, so that the amount 
 shall not in any case exceed 5s. weekly." 4 AH such payments are to 
 be directed by the order to be made to some person to be appointed by 
 one of her Majesty's principal secretaries of state to receive such pay- 
 ments within the jurisdiction of the court, or justices, or police or 
 stipendiary magistrate making the order, or to his agent duly autho- 
 rized in that behalf, by him to be accounted for and paid over as the 
 commissioners of her Majesty's treasury may direct (s. II). By s. 12, 
 all the provisions of the 18 & 19 Vict. c. 87, which have reference to 
 the case of default being made in the payment of any sum of money 
 which may have become payable by any parent or step-parent under 
 an order made by virtue of that act, shall be applicable in every 
 respect to every case of default in the payment of any sums directed to 
 be paid by any order made under and by virtue of the present act. 
 The provisions hei-e referred to are contained in s. 3 of the 18 & 19 
 
 3 These words as to jurisdiction in italic are new. By the 18 & 19 Vict, 
 c. 87, s. 2, the jurisdiction was given to " any two justices of the peace," 
 i. e. anywhere directed by the secretary of state. Query, Is that inconsistent 
 with theprovisionsof ss. 8, 9, supra, ol 20 & 21 Vict. c. 55 (see s. 12, p. 935), 
 and if not so, have the sending justices after the fourteen days, or any other 
 justices other than those where the parent is residing, if in either case the 
 proceeding is specifically directed by the secretary of state to be before them, 
 still junsdiction to hear the complaint? 
 
 4 By s. 5 the secretary of state may remit all or any part of any weekly 
 payment made payable by any order under the act. 
 
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CHAP. ii.J Reformatory Schools — Biots. 937 
 
 "Vict. c. 87, which is as follows:—" In case default be made for the 18 & 19 Vict, 
 space of fourteen days in payment of any sum of money which may "■ 87. 
 
 have become payable by such parent or step-pa,rent under such order, 
 such sum of money shall in every such case be levied upon the goods 
 and chattels of the defendant by distress and sale thereof ;— and if it 
 shall appear to the said justices on confession of defendants or other- 
 wise, or if it shall be returned to the warrant of distress in any such 
 ease that no suificient goods of the party against whom such wawant 
 shall have been issued can be found, it shall be lawful for the justice to 
 whom such return is made, or for any other justice of the peace for the 
 same county, riding, division, liberty, city, borough or place, by his 
 warrant as aforesaid, to commit the defendant to the house of correc- 
 tion or common gaol for any term not exceeding ten days, unless the 
 sum to be paid, and all costs and charges of the distress, and of the 
 commitment and conveying of the defendant to prison (the amount 
 thereof being ascertained and stated in such commitment), shall be 
 sooner paid." 
 
 JForms.] The Forms of Complaint, Summons, Order, Distress War- 
 rant and Commitment, given in the 19 & 20 Vict. c. 109, will be found 
 in Oke's " Formulist," 2nd edit. pp. 535 — 5.37 ; but although the 
 18 & 19 Vict. c. 87, seems to be incorporated with the 20 & 21 Vict, 
 c. 55, the 19 & 20 Vict. c. 109, which contains these forms, is not in- 
 corporated with it, and therefore it appears questionable whether they 
 would be deemed sufficient in law for use under the new enactments of 
 the 20 & 21 Vict. c. 55. 
 
 RIOTS. 
 
 It may be useful here to give the proclamation in case of riots as 1 Geo. 1, st. 2, 
 
 given in this act : ^- ^> "■ ^• 
 
 " Our sovereign lord [lady] the king [queen] chargeth and commandetli 
 all persons, heing assembled, immediately to disperse themselves, and 
 peaceably to depart to their habitations or to their lawful, business, upon 
 the pains contained in the act made in the first year of King Creorge, for 
 preventing tumults and riotous assemblies. Grod save the king [queen]-" 
 
 The exact form of the proclamation must be used, excepting of 
 course the " queen" for the " king," although the statute says " words 
 like in effect." Mv. Baron Vaughan and Mr. Justise Alderson ac- 
 cordingly decided that the indictment must fail where " God save the 
 King" was omitted {Beg. v. Child, i Car. & P. 442). And where 
 the indictment, in setting out the proclamation, contained the addi- 
 tional words " of the reign of" after the words " first year," Mr. Jus- 
 tice Patteson held the variance fatal (Rex v. Woolcock, 5 Car. & P. 
 516 ; Wise's Work on Riots, 46). The military may be called upon 
 by the magistrates to act, if it should be found necessary. For reme- 
 dies against the hundred in case of damage by rioters, see ante, p. 794, 
 title "Hundred," and for hindering the proclamation, or remaining 
 one hour after its being read, see title " Biot," ante, p. 774. 
 
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938 As to Matters to he done in Petty Sessions, [part hi. 
 
 Alehouses may be closed by two justices during a tumult or riot, or 
 which may be expected to take place (9 Geo. 4, c. 61, s. 20) ; and 
 beerhouses by two justices if a tumult or riot be expected, or by one 
 justice if a tumult or riot shall have happened (1 Will. 4, c. 64, s. 11). 
 The order of the justices should be in writing, signed in duplicate. 
 [Vide Forms, Nos. 2, 3, Oke's " Formulist," 2nd edit p. 637.] 
 
 SEAMEN. 
 The Merchant Shipping Act, '1854, 17 & 18 Vict. c. 104, having, 
 from the 1st May, 185.5, extended the remedies given by the former 
 acts (repealed by the 17 & 18 Vict. c. 120) for the recovery of seamen's 
 wages, we propose to treat of the new act in the following order : — 
 I. Recovery of Seamen's Wages, infra. 
 II. Reeoveri/ of Master's Wages, p. 941. 
 III. Hecovery of Allotment Notes, p. 941. 
 
 I. Recovery of Seamen's Wages. 
 17 & 18 Vict. Amount not exceeding £50.] Any seaman or apprentice,— or any 
 '^^ !"*• person duly authorized on his behalf,! — may sue in a summary 
 
 manner before any two justices of the peace acting in or near to the 
 place at which the service has terminated, — or at which the seaman or 
 apprentice has been discharged, — or at which any person upon whom 
 the claim is made is or resides, — • * • * for any amount of wages 
 due to such seaman or apprentice not exceeding 50Z. 2 over and above 
 the costs of any proceeding for the recovery thereof, so soon as the 
 same becomes payable ; — and every order made by such justices 
 * * * in the matter shall be final (s. 188). By s. 189, it appears 
 that suits may be brought for wages not exceeding 50/. in superior 
 courts in certain cases, i. e. — if the owner of the ship is adjudged bank- 
 rupt or declared insolvent, — or the ship is under arrest or is sold by 
 due authority, — or the justices refer the case to be adjudged by the 
 superior court, — or where neither the owner nor master is or resides 
 within twenty miles of the place where the seaman or apprentice is 
 discharged or put ashore. See s. 190, which does not appear to apply 
 to proceedings before justices (see, however, thereon, 21 J. P. 207). 
 
 Who to be Defendant.l The master or owner is to be the defendant, 
 as by s. 187, noticed p. 939, he is made liable for the wages. 
 
 Evidence:— Agreement of Hiring— Right to Wages — Deductions — 
 Forfeitures, ^c] Apprentices to the sea service are bound in the 
 manner provided by the sects. 141 — 145. The agreements with seamen 
 are regulated by the following sections: — s. 149, as to the particulars 
 
 1 Under the repealed act 7 & 8 Vict. c. 112, s. 15, it was decided that the 
 justices could not interfere on the application of the administrator of a 
 deceased seaman. (HoUingsworth v. Palmer, 4 Exch. 267 j 13 J. P. 553.) 
 
 2 The seaman may abandon any excess above £50, so as to bring his 
 complaint within the jurisdiction of justices. 
 
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CHAP. II.] Seamen. 939 
 
 the agreement must contain, and in the form sanctioned by the board 17 & 18 Vict. 
 
 of fi-ade ;— ss. 150—154, as to agreements made in the United Kingdom "• ^°*- 
 
 for foreign going ships;— s. 155, in home trade ships agreements to be 
 
 entered into before a shipping master or other witness ;— s. 156 allows 
 
 special agreements to be made for home trade ships belonging to same 
 
 owners;— s. 159, seamen engaged in the colonies to be shipped before 
 
 some shipping master or oflBcer of customs ;— s. 160, seamen engaged 
 
 in foreign ports to be shipped with the sanction and in the presence of 
 
 the consul ;— s. 163, alterations in agreements to be void unless attested 
 
 to have been made with consent of all parties ; — s. 165, seamen not 
 
 bound to produce agreement, but it may be proved by parol without 
 
 notice to produce, and without the attesting witness (s. 526). 
 
 The wages commence either at the time the seaman, &c. commences 
 work or at the time specified in the agreement (s. 181), and his wages 
 are not dependent on the earning of freight ; but see the section as to 
 loss of ship (s. 183). In case of death of seaman, &c. before payment, 
 master is to pay the amount to consul or shipping master with full 
 accounts ; and in case of death during a voyage, to sell effects of the 
 seaman and account in same manner (ss. 184, 194, 195). In cases 
 where the service of the seaman terminates by wreck, or loss of the 
 ship, or by the seaman being left abroad under a certificate of his 
 unfitness or inability to proceed on the voyage granted by some func- 
 tionary (s. 207, the proof of which is on the master, s. 208), the seaman 
 is entitled to wages for the time of service prior to such termination 
 (s. 185). The wages are not to accrue during refusal to work or im- 
 prisonment (s. 186). Sect. 175 contains the rules to be observed 
 with respect to the settlement of vyages ; — and s. 187 enacts, that the 
 master or owner of every ship shall pay to every seaman his wages 
 within the respective periods following ; (that is to say,)— in the case 
 of a home trade ship, within two days after agreement terminated, or 
 at the time of seaman's discharge, whichever first happens ; — and in 
 the case of all other ships (except ships in the southern whale fishery 
 and similar voyages), within three days after delivery of cargo, or 
 within five days after the seaman's discharge, whichever first happens; 
 — and in all cases the seaman is entitled at the time of discharge to be 
 paid on account a sum equal to one-fourth of the balance due to him ; 
 — and if the master or owner neglects or refuses to make payment, he 
 is to pay to the seaman a sum not exceeding two days' pay for each of 
 the days, not exceeding ten days, during which payment is delayed 
 beyond the respective periods aforesaid, — and which sum is recover- 
 able as wages. By s. 167, seamen discharged before voyage com- 
 menced, or before one month, without fault on their part, to be 
 entitled to any wages earned and compensation not exceeding a month's 
 wages, to be recovered as wages. As to the discharge of seamen and 
 payment of their wages, see ss. 170—174. Seamen discharged abroad, 
 on sale of ship or otherwise, to be sent home at expense of owner, but 
 
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940 As to Matters to be done in Petty Sessions, [part hi. 
 
 17 & 18 Vict if not sent home expenses to be recovered as wages (s. 205),3— and see 
 "• ^'^*- ss. 209, 210, 213, as to the manner of paying and recovering wages 
 when seamen are left abroad on the ground of inability. 
 
 As to deductions from wages on account of illness, see s. 228, articles 
 3 and 4 ; — expenses on conviction of seamen, s. 251 ; — and fines for 
 misconduct, an entry thereof having been made in the official log, 
 s. 256. As to entries in the official log, see ss. 280, 281, 282, 284, 
 285, 287, 244. As to forfeiture of wages, or part of wages, — on de- 
 sertion, wilful disobedience of commands, smuggling, &c. (s. 243), entry 
 thereof being made in the official log (s. 250) ; — and see ss. 2.52—254 as 
 to how amount of forfeitures are to be ascertained in certain cases. 
 
 Mode of Recovery.'] Within six months after the cause of complaint 
 arose ; or, if both or either of the parties happen during such time to 
 be out of the United Kingdom, within six months after they both first 
 happen to arrive or be at one time within the same (s. 525, art. 3), before 
 two justices (s. 188), or one stipendiary magistrate (s. 519), acting in or 
 near to the place at which the service has terminated, or at which the 
 seaman or apprentice has been discharged, or at which any person 
 upon whom the claim is made is or resides (s. 188 ; and see s. 531, as 
 to jurisdiction over ships lying off the coasts). The summons may be 
 served either personally, or at the last place of abode of the person, or 
 by leaving such summons for him on board any ship to which he may 
 belong with the person being or appearing to be in command or charge 
 of such ship (s. 522). The defendant is a competent witness for him- 
 self or the complainant, as the adjudication is an order and not a con- 
 viction (14 & 15 Vict. c. 99, s. 2, ante, p. 61). The amount can be 
 recovered with costs, in the manner directed by the 11 & 12 Vict. c. 
 43 [which latter act, by ss. 14, 17, ante, pp. 147, 148, provides for 
 the making of an order and the service of a minute thereof before en- 
 forcing payment, vide form of Order K. 1, p. 155; and Minute of 
 Order, ante, p. 182], i. e. by distress and sale of the defendant's goods 
 (s. 19, ante, p. 175) j — and in the case where the party directed to 
 pay is the owner or master of a ship, the amount may be " levied by 
 distress or poinding and sale of the said ship, her tackle, furniture and 
 apparel" (s. 523) ; — and in default of distress, the defendant may be 
 committed to prison for not exceeding three calendar months without 
 hard labour, unless sooner paid (U & 12 Vict. c. 43, s. 22, ante, p. 
 179; Forms, No. 1-7, p. 538, 2nd edit., Oke's "Formulist"). 
 
 Appeal] The clause 518, art. 4, Note 189, ante, p. 395, which 
 gives an appeal against a summary conviction, seemingly does not 
 apply to a summary order for payment of money; and indeed the sect. 
 
 3 It is questionable whether, if the seaman does not signify his consent 
 to terminate the agreement, he can recover compensation in the nature of 
 wages before magistrates for tile time elapsed from the time of sale of the 
 ship abroad and his arrival home. (See s. 190 and 21 J. P. 207.) 
 
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CHAP. 1 1. J Seamen. 941 
 
 188, p. 938, enacts that " every order made by such justices in the 17 & 18 Vict, 
 matter [of wages] shall be final." °- '0^- 
 
 II. Recovery of Master's Wages. 
 By sect. 191,—" every master of a ship shall, so far as the case per- 
 mits, have the same rights, liens and remedies fur the recovery of his 
 wages which by this act or by any law or custom any seaman, not 
 being a master, has for the recovery of his wages ;"— but if any set-off 
 or complaint is set up, the justices cannot adjudicate, the section further 
 enacting, "and if in any proceeding in any Court of Admiralty or 
 Vice-Admiralty touching the claim of a master to wages, any right of 
 set-off or counter claim is set up, it shall be lawful for such court to 
 enter into and adjudicate upon all questions, and to settle all accounts 
 then arising or outstanding and unsettled between the parties to the 
 proceeding, and to direct payment of any balance which is found to he 
 due." (^Vide "Mode of Recovery," p. 940.) 
 
 III. Recovery of Allotment Notes 4- 
 By sect. 168, stipulations for the allotment of any part of the wages 
 of a seaman during his absence which are made at the commencement 
 of the voyage are to be inserted in the agreement, and are to state the 
 amounts and times of the payments to be made ; and all allotment 
 notes are to be in a form sanctioned by the Board of Trade (and see 
 s. 149). 
 
 By sect. 169, — " the wife, — or the father or mother, — or the grand- 
 father or grandmother, — or any child or grandchild, — or any brother 
 or sister — of any seaman in whose favour an allotment note of part of 
 the wages of such seaman is made, may, — unless the seaman is shown in 
 manner hereinafter mentioned to have forfeited or ceased to be entitled 
 to the wages out of which the allotment is to be paid, — and subject, as 
 to the wife, to the provision hereinafter contained, — sue for and reco- 
 ver the sums allotted by the note when and as the'same are made pay- 
 ■able, with costs, from the-owner— or any agent who has authorized 
 the drawing of the note 5, — either in the county court or in the sum- 
 mary manner in which seamen are by this act enabled to sue for and 
 recover wages not exceeding 50Z. ; — and in any such proceeding it 
 shall be sufficient for the claimant to prove that he or she is the person 
 mentioned in the note, — and that the note was given by the owner or 
 by the master, or some other authorized agent ; — 
 And the seaman shall be presumed to be duly earning his wages, 
 
 4 Advance notes are entirely superseded by the ]7 & 18 Vict. c. 104, if 
 granted after the 1st May, 1855, when that act came into operation. 
 
 5 It is the duty of the shipping master to draw the allotment note, and 
 he usually does so on a written authority from the agent of the owner, and 
 such agent may be the defendant in these proceedings. 
 
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942 As to Matters to be done in Petty Sessions, [part hi. 
 
 17 & 18 Vict, unless the contrary is shown to the satisfaction of the court, either 
 c. 104!. \yy the official statement of the change in the crew caused by his 
 
 absence, made and signed by the master, as by this act is reqnired,— 
 or by a duly certified copy of some entry in the official log book to 
 the effect that he has left the ship,— or by a credible letter from the 
 master of the ship to the same effect,— or by such other evidence, of 
 whatever description, as the court in its absolute discretion considers 
 sufficient to show satisfactorily that the seaman has ceased to be entitled 
 to the wages out of which the allotment is to be paid : — 
 
 Provided that the wife of any seaman who deserts her children, or 
 so misconducts herself as to be undeserving of support from her hus- 
 band, shall thereupon forfeit all right to further payments of any 
 allotment of his wages which has been made in her favour. (Vide 
 "Mode of Recovery," p. 940; Forms, Nos. 8, 9, Oke's " Formulist," 
 2nd edit. p. 539.) 
 
 SHIPS' PASSENGERS. 
 
 I. Complaints by Passengers, infra. 
 II. Procedure on such Complaints, p. 946. 
 III. Granting Passage Brokers and Emigrant Runners' Licences, 
 p. 946. 
 
 I. Complaints by Passengers. 
 
 18 & 19 Vict. The sections of this act, " The Passengers' Act, 1855," and to what 
 c. 119. ships and voyages it extends, are set forth in Note 246, ante, p. 476, 
 
 and see Note 4, post, p. 945. 
 
 Compensation if Passage not provided according to Contract."] By 
 s. 48, "if any person by whom or on whose behalf any contract 1 
 shall have been made for a passage in any ship proceeding on any 
 voyage to which this act extends, shall be at the place of embarkation 
 before six o'clock in the afternoon of the day of embarkation appointed 
 in such contract, and shall, if required, pay the stipulated passage 
 money, — and if from any cause whatever other than his own refusal, 
 neglect or default, or the prohibition of an emigration officer, as 
 hereinbefore mentioned [ss. 46, 47- and 51, p. 944], or the require- 
 ments of any order in council, such passenger shall not be received on 
 board before that hour, — or if from any such cause as aforesaid, any 
 passenger who shall have been received on board shall not either 
 obtain a passage in such ship to the port at which he may have con- 
 tracted to land, or together with all the immediate members of his 
 family who may be included in such contract, obtain a passage to the 
 same port in some other equally eligible ship, to sail within ten days 
 from the expiration of the said day of embai-kation, and in the mean- 
 time be paid subsistence money from the time and at the rate herein- 
 
 1 Forms of contract tickets for cabin and other passengers are given in 
 Schedules K. and L. to the act. 
 
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CHAP. ii.J Seamen — Ships' Passengers. 943 
 
 after mentioned (s. 49, infra),— sach. passenger or any emigration 18 & 19 Vict 
 oiiicer on his behalf, shall be entitled to recover either from the party "• ^'^- 
 to whom or on whose account the same may have been paid, or (in 
 case such contract shall have been made with the owner, charterer or 
 master of such ship, or with any person acting on behalf or by the 
 authority of any of them respectively) from such owner, charterer or 
 master of such ship, or any of them, at the option of such passenger 
 or emigration officer, all monies which shall have been paid by or on 
 account of such passengers for such passage, and also such further 
 sum, not exceeding IQl. in respect of each such passage, as shall, in 
 the opinion of the justices of the peace who shall adjudicate on the 
 complaint 2, be a reasonable compensation for the loss or inconve- 
 nience occasioned to such passenger by the loss of such passage." 
 
 By s. 73, " any question which may arise respecting the breach or 
 non-performance of any of the stipulations in any such contract ticket, 
 may, at the option of any passenger or cabin passenger interested 
 therein, be heard and determined in a summary way by the justices of 
 the peace, magistrates or other officers hereinafter authorized to adju- 
 dicate on offences and complaints under the act, who are hereby 
 authorized to try such questions, — and if they shall find that a breach 
 of contract has been committed, to award to the complainant such 
 damages and costs as they may think fit, not exceeding in any case 
 the amount of the passage money specified in such contract ticket and 
 20Z. ; — and if such damages and costs be not at once paid, payment 
 thereof shall thereupon be enforced, in the same manner and by the 
 same processes as the payment of subsistence money, or the return of 
 passage money, may be enforced under this act ; — provided that if any 
 passenger shall have obtained compensation or redress, under any of 
 the other provisions of this act, he shall not be entitled to sue under 
 this section for damages for the same matter or cause of complaint." 
 
 Subsistence in case of Detention.] By s. 49, " if any ship, whether 
 a ' passenger ship' 3, or otherwise, sliall not actually put to sea, and 
 proceed on her intended voyage before three o'clock in the afternoon 
 ' of the day next after the said day of embarkation, the owner, charterer 
 or master of such ship, or his or their agent, or any of them, at the 
 option of such passenger or emigration officer, shall pay to every pas- 
 senger entitled to a passage (or if such passenger shall be lodged and 
 maintained in any establishment under the superintendence of the said 
 emigration commissioners, then to the emigration officer at the port of 
 embarkation) subsistence money after the rate of Is. 6rf. for each 
 statute adult in respect of each day of delay for the first ten days, and 
 afterwards 3s. a day for each statute adult, until the final departure of 
 such ship on such voyage, — and the same may be recovered in manner 
 
 2 Fide Forms of Complaint, &c., Oke's " FormuHst," 2nd ed. pp. 540, 541. 
 
 3 Definition, see Note 246. ante, p. 476 ; and see Note 4. p. 945. 
 
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944 As to Matters to be done in Petty Sessions, [part in. 
 
 18 & 19 Vict hereinafter mentioned ; — provided that if the passengers be maintained 
 "• ^^^- on board in the same manner as if the voyage had commenced, no snch 
 subsistence money shall be payable for the first two days next after the 
 said day of embarkation; nor if tliey shall be maintained shall snch 
 subsistence money be payable, if the ship be unavoidably detained by 
 wind or weather, or by any cause not attributable, in the opinion of 
 the emigration officer, to the act or default of the owner, charterer or 
 master." 
 
 Return of Passage Money in ease of Passengers relanded on Ac- 
 count of Sickness.'] The emigration officer at any port is authorized by 
 s. 45 to order passengers to be relanded for the purification of the ship 
 by reason of sickness, &c. By s. 46, " anj' passenger so relanded on 
 account of the sickness of himself or of any member of his family who 
 may not be re-embarked and finally sail in such ship, or any emigra- 
 tion officer on his behalf, shall be entitled to recover, by summary 
 process, the whole of the monies which may have been paid by or on 
 account of such passenger for his passage, and that of the members of 
 his family so relanded, from the party to whom the same may have 
 been paid, or from the owner, charterer or master of such ship, or any 
 of them, at the option of such passenger or emigration officer." 
 
 Subsistence Money in case of Passengers relanded on account of 
 Sickness.'] By s. 47, " the master of any ' passenger ship,' from which 
 the whole or any part of the passengers shall be relanded on account 
 of any of the reasons mentioned in s. 45, shall pay to each passenger 
 so relanded (or if he shall be lodged and maintained in any hulk or 
 establishment under the superintendence of the said emigration com- 
 missioners, then to the emigration officer at the port), subsistence 
 money at the rate of Is. Gd. a day for each statute adult until he shall 
 be re-embarked or decline or neglect to proceed, until his passage 
 money, if recoverable under the 46th section of this act, be returned 
 to him." 
 
 Return of Passage Money and Subsistence in case of 'Wreck or 
 Damage to Ship.] By s. 51, "if any 'passenger ship' shall put into 
 any port or place in the United Kingdom in a damaged state, and the 
 master, charterer or owner shall not give a written undertaking that 
 the said ship shall be made sound and seaworthy, and shall, within 
 six weeks from the day of her so putting into such port or place, again 
 proceed with her passengers on her intended voyage ; and if the said 
 ship shall not accordingly be made seaworthy and proceed on her 
 intended voyage within that period, or if any such ship shall, after the 
 commencement of her voyage, be wrecked, sunk or otherwise destroyed, 
 —or shall from any cause whatsoever not land her passengers at the 
 place where they may have respectively contracted to land,— the 
 owner, charterer, or master thereof, shall provide the passengers with 
 a passage in some other eligible ship, to sail within six weeks, to the 
 port or place at which they respectively may have originally contracted 
 
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uHAr. n.j IShips' Passengers. 945 
 
 to land, and shall in the meantime, if the passengers be not lodged and 18 & 19 Viot. 
 maintained on board in the same manner as if the ship were at sea, "• ^^^- 
 
 pay to such passenger (or if such passenger shall be lodged or main- 
 tained in any hulk or establishment under the superintendence of the 
 said emigration commissioners, then to the emigration officer at such 
 port or place) subsistence money after the rate of Is. ed. sterling for 
 each statute adult in respect of each day of delay until such passengers 
 are duly forwarded to their destination ;— and if default shall be made 
 in any of the requirements of this section, such passengers respectively, 
 or any emigration officer on their behalf, shall be entitled to recover, 
 by summary process, as hereinafter mentioned, all monies which shall 
 have been, paid by or on account of such passengers, or any of them, 
 for such passage, from the party to whom or on whose account the 
 same may have been paid, or from the owner, charterer, or master of 
 such ship, or any of them, at the option of such passenger or emi- 
 ■ gration officer : — ^provided that the said emigration officer may, if he 
 shall think it necessary, direct that the passengers shall be removed 
 from such ' passenger ship' at the expense of the master thereof." A 
 penalty of not exceeding 40s., or imprisonment not exceeding one 
 calendar month, is imposed on a passenger refusing to leave the ship 
 after such direction (s. 51) i. 
 
 4 A question has arisen in the city of London under this section (51), 
 whether a ship taking passengers under the following circumstances was a 
 "passenger ship" within the act The complainant F. P. engaged with 
 E. and F., shipbrokers, for a passage for himself and family in the ship 
 "Windsor" to Melborne, for which he paid £120 ; no contract ticket was 
 furnished him ; the ship was wrecked ; the ship carried on her woyage 
 twenty-nine statute adult passengers and one person under twelve, twenty- 
 one of whom, F. P. amongst them, messed at the same table with the master 
 of the ship; and the registered tonnage of the ship, which was propelled by 
 sails, was 677 tons. The emigration officer had inspected the ship in the 
 ordinary way ; on such inspection he found six steerage passengers who 
 alone had contract tickets, and he thereupon passed the ship as not being a 
 passenger ship, and did not require the provisions of the Passengers Act to 
 be complied with: no contract tickets were furnished to the cabin pas- 
 sengers. E. and F. contended, by their counsel, that the ship was not a 
 " passenger ship" within the meaning of the 3rd section (Note 246> ante, 
 p. 476): for altliough, judging by the tonnage and number of passengers 
 only, it might be so considered, yet, inasmuch as " passengers" and " pas- 
 sages" there mentioned are not to include cabin passengers or cabin pas- 
 sages, but others, and as there were, deducting the twenty-one cabin 
 passengers, only nine passengers, being a less number than in the pro- 
 portion of one statute adult to every fifty tons of the registered tonnage, 
 the ship was not a passenger ship i and that being so, no contract ticket 
 was necessary for any description of the passengers, and that therefore the 
 defendants were not liable under this section. 15ut it was contended for the 
 complainant that he and the other cabin passengers were not cabin pas- 
 sengers within the meaning of the term " passengers" in the 3rd section of 
 the act, inasmuch as the complainant and the other cabin passengers had 
 not been furnished with a duly signed contract ticket according to the form 
 required by the act ; and that, as the ship carried upon the voyage twenty- 
 nine passengers (the word "passengers," in counting the number to be 
 carried, being intended to mean all descriptions of passengers), being a 
 
 o.s. 3 p 
 
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946 As to Matters to be done in Petty Sessions, [pabt hi. 
 
 18 & 19 Vict. II. Procedure on the above Complaints. 
 
 "• "^- The time of proceeding is to be within twelve calendar months, pro- 
 
 vided for by s. 94 ;— who may prosecute, by s. 84 ;— the justices to 
 adjudicate on complaints are to be " two or more justices^ of the 
 peace" (s. 85) ;— the summons and the service of it are provided for 
 also by s. 85. Vide the provisions set out in Note 247, ante, p. 477. 
 That section (s. 85) applies as well to the recovery of penalties as to 
 " all sums of money made recoverable under this act, by way of pas- 
 sage money, subsistence money., compensation, or damages, for the 
 breach of any stipulation in any cmtra^t ticket." Vide Oke's "For- 
 mulist," 2nd edit. pp. 202, 203, for Forms of Summons to Defendant 
 or a Witness, and Adjudications, and vide Note 348, ante, p. 478. 
 
 III. Granting Passage Brokers and Emigration Runners' Licences. 
 Licensing Passage Brokers.] By s. 67,— "any person wishing to 
 obtain a licence to act as a passage broker in respect of passages from 
 the United Kingdom to any place out of Europe, and not being in the 
 Mediterranean Sea, shall make application for the same to the justices 
 at the petty sessions held for the district or place in which such person 
 shall have his place of business ;— and such justices are hereby autho- 
 rized (if they shall think fit) to grant a licence for that purpose, 
 according to the form in the Schedule (E.) hereunto annexed, which 
 licence shall continue in force until the 31st day of December in the 
 year in which such licence shall be granted, and for thirty-one days 
 afterwards, unless sooner forfeited, as herein mentioned ;— and upon 
 granting such licence, the justices shall cause a notice thereof, ac- 
 cording to the form in Schedule (F.) hereto annexed, to be trans- 
 mitted forthwith by the post to the said emigration commissioners at 
 their office in ionrfon :- provided always, that no such licence shall be 
 granted, unless the party applying for the same shall show to the 
 satisfaction of the justices, that he has given such bond to her Majesty, 
 her heirs and successors, as hereinbefore required, and has deposited 
 one part thereof at the office in London of the said commissioners, or 
 is a sworn broker of the city of London, and has in either case given 
 notice to the said commissioners fourteen clear days at least before such 
 application of his intention to apply for the same, which notice shall 
 be transmitted by the post to the office in London of the said commis- 
 sioners, and shall be according to the form contained in the Schedule 
 (G.) hereto annexed." By the same section, if a passage broker is 
 
 greater number than in the proportion of one statute adult to every fifty tons 
 of the registered tonnage, it was a passenger ship, and so the defendants 
 were liable. The justices made an order for the return of the passage- 
 money and costs ; but the defendants, being dissatisfied with that decision, 
 as being erroneous in point of law, applied for a case for the opinion of the 
 court of Queen's Bench, which the justices granted (Ellis and another, app. 
 v. Pearce, resp.) The court, after hearing the arguments, took time to con- 
 sider their judgment, which has not yet been given. 
 
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CHAP. ii.J Ships' Passengers — Sureties. 947 
 
 convicted of an offence against the act, the justice may adjudicate his 18 & 19 Vict, 
 licence to be forfeited. [Vide the forms referred to in this section, "• ^^^- 
 Oke's "Formulist," 2nd edit. pp. 539, 540.] The acting as a passage 
 broker without a licence subjects the offender to a pecuniary penalty 
 (see Offence No. 52, ante, p. 484). 
 
 lAcensing Emigrant Runners.'] By s. 76, — " the justices of the peace 
 at any petty sessions, held for the district or place within which any 
 person wishing to act as an ' emigrant runner' 5 is to carry on his busi- 
 ness may, upon the recommendation in writing of an emigration officer, 
 or of the chief constable or other head officer of police of such disti-ict 
 or place (but not otherwise), grant, if they shall think fit, to such 
 person wishing to act as runner a licence for that purpose according to 
 the form in Schedule (M.) 6 hereto annexed, — and such runner shall, 
 within forty-eight hours thereafter (under a penalty not exceeding 
 forty shillings for any default), lodge such licence with the nearest 
 emigration officer, who shall register the name and abode of such 
 runner in a book to be kept for that purpose, and shall number each 
 name registered in arithmetical progression, and shall supply to such 
 runner, on his paying a sura not exceeding seven shillings for the same, 
 a badge of such form and description as shall be approved by the said 
 emigration commissioners. The licence to continue in force until the 
 Slst day of December in the year in which it shall be granted, unless 
 sooner revoked by any justice of the peace for any offence against this 
 act, or for any other misconduct committed by the holder of such 
 licence." [See ante, p. 484, Offences No. 55, &c. by runners.] 
 
 SURETIES. 
 I. Complaint Jbr Sureties for the Peace, infra. 
 II. Nature of the Secognizanee and Commitment, p. 948. 
 
 III. Costs, p. 949. 
 
 IV. Discharge of Defendant, p. 949. 
 
 V. ComplaiTttfor Sureties for good Behaviour, p. 949. 
 Vr. How Seeognizances estreated, p. 950. 
 VII. Surrender ofPrijwipal by Bail, p. 951. 
 
 I. Complaint for Sureties for the Peace. 
 One justice, upon complaint on oath being made to him, that from 
 
 5 By s. 3, the expression " emigrant runner" shall signify every person 
 other than a licensed passage broker, or his hoxA fide salaried clerk, who 
 within any port or place of shipping, or within five miles of the outer 
 boundaries thereof, for hire or reward, or the expectation thereof, shall 
 directly or indirectly conduct, solicit, influence or recommend any intending 
 emigrant to or on behalf of any passage broker, owner, charterer, or master 
 of a ship, lodging house or tavern or shop keeper, money changer, or other 
 dealer or chapman, for any purpose connected with the preparations or 
 arrangements for a passage, or shall give or pretend to give to any intending 
 emigrant any information or assistance in any way relating to emigration." 
 
 6 Vide Form No. 4, p. 540, Oke's " Formulist," 2nd ed. 
 
 1 It is questionable whether Jervis's Act, 11 & 12 Vict. u. 43, is applic- 
 
 3p2 
 
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948 As to Matters to be done in Petty Sessions, [part hi. 
 
 threats, &c. used towards the complainant, he fears another person 
 will do him, his wife or child, some personal injury (not his property, 
 except, indeed, thi'eats to fire his house), &c. may issue his warrant or 
 summons (the service of which should be personal), if he thinks sureties 
 ought to be given (see 5 Burn's Justice, title "Surety q/ the Peace," 
 and 2 Arch. J. P. 541); — but the complaint should be made shortly 
 after the affray or cause of fear has arisen {Dennis v. Lane, 6 Mod. 
 131) ; — and it must not be a conditional or contingent threat on the 
 complainant doing something which he had no right to do or which 
 it was not necessary for him to do in the .course of his business ; but if 
 it is so necessary, then such a threat is cognizable by justices {Reg. v. 
 MalUnson, 20 L. J. (N. S.) M. C. 33 ; 15 J. P. 66 ; see a\so'Ex 
 parte Hulse, 15 J. P. 418). Mr. Archbold says (vol. 2, p. 543), — 
 " Upon the party being brought before a justice, the complaint is read 
 over to him, and he is asked, if he have any cause to show why he should 
 not give the required sureties. And here it is necessary to mention that 
 the party complained of cannot be allowed to controvert the tri^th of 
 the fiicts stated in the complaint {Lord Vane's Case, 2 Str. 1202 ; S. v. 
 Doherty, 13 East, 171) ; all he is allowed to do, is to show that the 
 complaint is preferred from malice only (see H. v. Parnell, 2 Burr. 
 806), or explain any parts of the complaint that may be ambiguous 
 {R. V. Bringloe, 13 East, 174, n.)." See S. v. Tregarthen, 5 B. & 
 Ad. 678 ; B. v. Dunn, 10 L. J. (N. S.) M. C. 29 ; 4 J. P. 78 ; 12 
 A. & E. 599 ; R. v. Stanhope, Id. 624. A verbal complaint will do, 
 and even where the party is before the justice on another charge. The 
 husband or wife is competent to give evidence against the other in 
 these cases (see ante, p. 61). {Vide various forms of Complaint and 
 Warrant, Nos. 1—6, Oke's "Formulist," pp. 541, 542, 2nd edit.) 
 
 II. Nature of the Recognizance and Commitment. 
 The recognizance may be either to appear at the sessions to answer 
 the charge, and in the meantime to keep the peace ; or for a definite 
 period, as six months, a year, &c. (Prickett v. Gratrex, 15 L. J. 
 (N. S.) M. C. 145 ; 8 Q. B. 1020) ; but the defendant cannot be con- 
 victed of an assault as well (if one was committed at the time), against 
 the complainant's protest {Reg. v. Deny, 20 L. J. (N. S.) M. C. 189 ; 
 
 15 Jur. 277 ; 15 J. P. 818). The term, however, is now limited by 
 
 16 & 17 Vict. c. 30, s. 3, which enacts that "no person committed to 
 prison under any warrant or order of one justice of the peace for or on 
 account of not entering into recognizances or finding sureties to keep 
 the peace, or to be of good behaviour, shall be detained under such 
 warrant or order for more than twelve calendar months from the time 
 
 able to these cases (see ante, pp. 91—93). If it is, the provisions as to the 
 time within which the complaint must be made, allowing costs to be ordered, 
 is.c. must be followed. The better' opinon appears to be that the act does 
 not apply to sureties for the peace or good behaviour. 
 
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CHAP. II.] Sureties. 949 
 
 of such commitment." The justices should fix the amount of thereco"- 
 nizanoe, having regard to the condition in life of the parties and the cir- 
 cumstances of the case, or, as "Williams, J., said in Prichett v. Gratrex, 
 supra, " the nature of the commitment should at all times bear some 
 relation to the quantity and quality of the offence." If these cases 
 are within the operation of the 11 & 12 Vict. c. 43 (see Note 1, supra), 
 a minute of the order to find sureties, should, before committal, be 
 served (see ante, p. 182). If sureties are found, it is usual, though not 
 necessary, since the repeal of 3 Geo. 4, c. 46, s. 4, by 11 & 12 Vict, 
 c. 42, s. 34 (ante, p. 603, Note 1), to give the parties bound notice of 
 thei» recognizance, signed by the justice. In default of finding surety 
 or sureties the party is committed to the common gaol [or house of 
 correction. Ex parte Aston, 13 L. J. (N. S.) M. C. 52] for the time 
 required, unless he in the meantime enter into recognizance with his 
 sureties (Forms of Recognizances, &c. and Commitment, Nos. 7 — 9, 
 p. 542, Oke's " Formulist," 2nd edit.) ; — but it is not necessary to 
 mention in the commitment the sum for which the sureties are to be 
 bound (WiUes v. Bridger, 2 B. & Aid. 278 ; Prichett v. Gratrex, 
 supra), though advisable and usual to do so. Infants and wives must 
 find security by their friends, and not be bound themselves. The 
 defendant is not entitled to copies of the depositions taken in these 
 cases {Ex parte Humphreys, 19 L. J. (N. S.) M. C. 189 ; 15 Jur. 608 ; 
 14 J. P. 440). 
 
 III. Costs. 
 If these cases are not within the operation of the 11 & 12 Vict. 
 c. 43 (for which see Note 1, supra), no costs can be enforced against 
 the defendant, that portion of the statute 18 Geo. 3, c. 19, which 
 allowed of costs being ordered and recovered, being repealed by the 
 11 & 12 Vict. c. 43, s. 36 {ante, p. 89, Note 3). 
 
 IV. Discharge of Defendant. 
 If after committal the party finds sureties (which he can do before 
 any one justice of the county, &c.) a liberate may be granted, condi- 
 tional upon his entering into his own recognizance at the gaol, if the 
 recognizance of the sureties are taken at a distance from it {vide Form, 
 No. 10, p. 543, Oke's " Formulist," 2nd edit.) 
 
 V. Crnnplaintfar Sureties for good Behaviour. 
 Legal authorities are not agreed as to all the offences for which this 34 Edw. 3, u. 1. 
 surety may be required or how the statute is to be applied. Hawkins 
 says (p. 486, 8th edit, by Curwood)— "It seems the better opinion, 
 that no one ought to be bound to the good behaviour for any rash, 
 quarrelsome or unmannerly words, unless they either directly tend to 
 a breach of the peace or to scandalize the government, by abusing 
 those who are intrusted by it with the administration of justice, or to 
 deter an officer from doing his duty ; and, therefore, it seems, that 
 
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950 As to Matters to he done in Petty Sessions, [part hi. 
 
 34 Edw. 3, 1. 1. he who barely calls another rogue, or rascal, or teller of lies, drunkard, 
 ' &c. ought not for such cause to be bound to the good behaviour." 
 
 The editor of the last edition of Burn's Justice (29th edit. 1217, 1219), 
 after citing the 34 Edw. 3, c. 1, the only statute on the subject, and 
 the opinions of several old writers, says, " It is become difficult to 
 define how far it shall extend, and where it shall stop," and that in 
 applying it justices "cannot exercise too much caution and good 
 advisement." Later, Mr. Archbold (2 Arch. J. P. 4th edit. p. 642) 
 says, that it is advisable for justices, even at sessions, to refrain from 
 acting under this statute of Edw. 3, "except in cases where a man 
 is convicted of some oflFence directly against the peace, under circum- 
 stances from which it reasonably may be inferred that he will be again 
 guilty of the same or the like offence, as soon as he has an oppor- 
 tunity, unless he be bound over to his good behaviour." (See also i?e 
 Bunn, 10 L. J. (N. S.) M. C. 29 ; 12 Ad. & E. 599 ; 4 J. P. 728. 
 Vide Article, 16 J. P, 35.) In a recent case (Hayheh v. Sparhe, 22 
 1. J. (N. S.) M. C. 72 ; 1 El. & Bl. 471 ; 17 J. P. 262) Lord Camp- 
 bell is reported to have said, — " Undoubtedly it appears that mere in- 
 sulting language, though contra bonos mores, is not such an offence in 
 respect of which justices would be authorized in taking security and 
 mainprize {Bagg's Case, 4 Rep.); but, regarding the authorities, 
 beginning with the 34 Edw. 1 ; Hawk. P. C. L. c. 23 ; Com. Dig. 
 " Forcible Entry," L. 25 ; Dalton's J. P. c. 126 ; R. v. Shuchburgh, 
 1 Wils. 29 ; R. V. Wilkes, 2 Wils. 151, we have come to the conclusion 
 that cases of aggravated defamation may well require sureties for good 
 behaviour." See a fuller report, 20 L. T. 276, 277, Q. B. 
 
 VI. How Recognizances estreated. 
 16 & 17 Vict. By s. 2 of 16 & 17 Vict. c. 30, " where any recognizance to keep 
 "■ 20. the peace or to be of good behaviour is entered into by any person, as 
 
 principal or surety, before the court of general or quarter sessions of 
 the peace of any county, riding, division, city, borough or place, — or 
 before any justice or justices of the peace of any county, &c., — it shall 
 be lawful for any such court of general or quarter sessions of the peace 
 as aforesaid, upon application made to such court, to declare such 
 recognizance to be forfeited, upon proof of a conviction of the party 
 bound by such recognizance of any offence which is in law a breach 
 of the condition of the same 2 ;— and upon further proof that a notice 
 in writing [vide Form No. 11, Oke's " Formulist," 2nd edit. p. 543], 
 signed by the person seeking to put such recognizance in force, has, 
 seven clear days before the commencement of such sessions, been per- 
 sonally served upon or left at the usual place of abode of the party, or 
 each of the parties (if more than one) who entered into such recogni- 
 zances, that an application will be made to the said general or quarter 
 
 2 Upon this point see 5 Burn's Justice, 29th ed. p. 1210. 
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CHAP. II.] Sureties— Tithes and Rent Charges, 951 
 
 sessions that the said recognizance shall be declared forfeited,— and if 16 & 17 Vict, 
 such recognizance shall be declared forfeited all snch proceedings shall "• ^O- 
 
 be had thereon as in the case of a recognizance forfeited at such court 
 of general or quarter sessions,— and all the provisions of the act of the 
 3 Geo. 4, c. 46, and of the act of the 4 Geo. 4, c. 37, applicable to a 
 recognizance so forfeited at such court shall apply to a recog- 
 nizance which shall, upon such application and proof as herein- 
 before mentioned, be declared to be forfeited; — and upon notice in 
 writing \yide Form No. 12, Oke's " Formulist," 2nd edit. p. 544] of 
 such intended application to the 'said general or quarter sessions being 
 given to any justice or justices before whom any such recognizance shall 
 have been taken, four clear days before the commencement of the said 
 sessions, the said justice or justices shall transmit the said recognizance 
 to the clerk of the peace of the county, riding, division, city, borough 
 or place within which the said recognizance shall have been taken, 
 with a certificate [Form No. 13, Oke's " Formulist," 2nd edit. p. 
 544], that the said recognizance is sent to him by reason of such last- 
 mentioned notice having been so given as aforesaid." 
 
 VII. Surrender of Principal bz/ Bail. 
 It appears that the sureties in a case of a recognizance for the peace 
 or good behaviour cannot surrender their principal as can be done 
 where the recognizance is for the party's appearance on a day certain 
 (see IIJ. P. 748 ; 12 J. P. 616 ; 13 J. P. 227, 706). 
 
 TITHES AND RENT CHARGES. 
 
 Becmery of Tithes from other Persons than Quakers.'] Tithes, 7 & 8 Will. 3, 
 which have not been commuted for a rent-charge under the Tithe j„ q ^ i ' 
 Commutation Act, 6 & 7 Will. 4, c. 71 (for tithes commuted are reco- g. 127, s. 4. 
 verable by distress as rent in arrear, s. 81), and not exceeding \Ql., 
 are recovered before two justices in petty sessions, not interested in the 
 tithe, if not paid within twenty days after demand, upon the complaint 
 of the rector [or under 7 Geo. 4, c. 15, and ll'& 12 Vict. c. 43, s. 10, 
 ante, p. 97, his attorney or agent, or the lessee of the rector], made 
 within two years after the tithes become due and payable (7 & 8 Will. 
 3, c. 6, s. 6). The justices make an order, and the amount is reco- 
 vered by distress, if not paid for the space of ten days and upwards 
 (Id. s. 3) ; and in default of distress, a commitment to prison for not 
 exceeding three calendar months without hard labour, unless sooner 
 paid (under 11 & 12 Vict. c. 43, s. 22, ante, p. 179). Forms Nos. 1 
 -4, pp. 544, 545, Oke's " Formulist," 2nd edit. 
 
 Becovery cf Tithes from Quakers only.] These may be recovered 7 & 8 Will. 3, 
 to the extent of 50/., and the proceedings are the same as those above c. 34., s. 4;^ 
 shown, or as under tit. " Church Rates," ante, p. 816. Vide sect. 84 ^ g. jsoeo.s', 
 of 6 & 7 Will. 4, c. 71, as to recovery of rent-charges fi-om Quakers. ,;. 127, s. 6; 
 
 Recovery of Tithes in London.] See 37 Hen. 8, c. 12 ; 44 Geo. 3, ^f^■^^ ^ ^ ^^ 
 C.89. 1 . , . ■ 
 
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952 As to Matters to be done in Petty Sessions, [part hi. 
 
 5 & 6 Vict. Contribution to a Sent-Charge.] By s. 16 it is enacted, that in case 
 
 "■ ^*' any land charged with one amount of rent-charge shall belong to two 
 
 or more landowners in several portions, and the owner of any one of 
 such portions, or his tenant, shall have paid the whole of such rent- 
 charge, or any portion thereof greater than shall appear to him to be 
 his just proportion, and contribution thereto shall have been refused or 
 neglected to be made by any other of the said landowners, or his tenant, 
 after a demand in writing made on them, or either of them, for that 
 purpose, it shall be lawful for any justice of the peace acting for the 
 county, or other jurisdiction in which the land is situated, upon the 
 complaint of any such landowner, or his tenant or agent [made within 
 six calendar months, 11 & 12 Vict. c. 43, s. 11, ante, p. 95], to sum- 
 mon the owner so refusing or neglecting to make contribution, or his 
 tenant, to appear before any two or more such justices of the peace, 
 who, upon proof of the demand and of service of the summons, whether 
 or not the party summoned shall appear, shall examine into the merits 
 of the complaint, and determine the just proportion of the rent-charge 
 so paid as aforesaid, which ought to be contributed by the landowner 
 of such other portion of the said land, and by order under their hands 
 and seals shall direct the payment by him of what shall in their judg- 
 ment be due and payable in respect of such liability to contribution, 
 with the reasonable costs and charges of such proceedings, to be ascer- 
 tained by such justices ; and thereupon the complainant may enforce 
 paynient of the amount of contribution and costs by distress and entry 
 (vide 6 & 7 Will. 4, c. 71, ss. 81 — 85), but with the restriction to two 
 years' arrears. The demand must be served upon any person occupying 
 or residing on the land, or in case no person shall be found thereon, 
 then affixing same on some conspicuous place on the land (s. 17). The 
 service of the summons would be as ante, p. 112, and the other pro- 
 ceedings to and at the hearing the same as under Jervis's Act, 11 & 12 
 Vict. c. 43. Complaint, Summons and Order, Nos. 5 — 7, pp. 545, 546, 
 Oke's " Formulist," 2nd edit. 
 
 TOWNS IMPROVEMENT ACT. 
 10 & 11 Vict. " The Towns Improvement Clauses Act, 1847," 10 & 11 Vict. c. 34, 
 "^^ 2*' the extent of which is shown in Note 263a, "■nte, p. 493, provides for 
 
 various matters being heard and determined before justices, viz. : — 
 
 The mode of determining questions of compensation with regard to 
 lands purchased or taken is to be the same as under the 8 & 9 Vict, 
 c. 18 (title " Lands Clauses Act," ante, p. 868) (s. 19). 
 
 Corrections of errors and omissions in plans and schedule to special 
 act, by two justices (s. 20). 
 
 Damage done to lands by reason of altering the levels of streets, &c., 
 in case of dispute between commissioners and the owners or occupiers, 
 to be determined in the same manner as questions of compensation for 
 lands taken or purchased (s. 21). 
 
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CHAP. II.] Tithes and Rent Charges — Towns Improvement Act. 953 
 
 Expenses of demolishing, &c. building, cellars, -fee, made without 10 & 11 Vict, 
 the consent of the commissioners, to be recovered as damages (s. 31). "• 8^- 
 
 Expenses of altering buildings, &c. erected without notice, or contrary 
 to the provisions of the act, to be recovered as damages (s. 40). 
 
 Expenses of repairing, altering, &c. drains, privies and cesspools, 
 neglected to be done after notice to the owners, recoverable as damages 
 (s. 44). 
 
 Expenses of altering drains, &c., constructed contrary to the di- 
 rections of the commissioners, recoverable as damages (s. 46). 
 
 The commissioners are liable to be indicted, like inhabitants, for 
 neglecting to repair their highways (s. 49). 
 
 Expenses of numbering houses, omitted to be done by occupiers, 
 recoverable as damages (s. 66). 
 
 Expenses of removing projections to houses, &c. not removed after 
 notice, recoverable as damages (s. 69). 
 
 Expense of altering doors opening outwards, not altered after notice, 
 recoverable as damages (s. 71). 
 
 Two justices may order ruinous or dangerous buildings to be taken 
 down or secured, &c., by the owners, &c. (s. 75), and any justice may 
 issue his distress warrant for the expenses (s. 76). 
 
 Expenses of repairing dangerous buildings or holes near streets, 
 recoverable as damages from the owner (s. 83). 
 
 Parties aggi-ieved by orders of commissioners, as to new levels or 
 sewers, may appeal to quarter sessions, entering into a recognizance 
 before a justice to try appeal (s. 86). 
 
 Expenses of removal of stagnant water in cellar, &c. recoverable 
 from the occupier or owner as damages (s. 99). 
 
 Expenses of whitewashing and purifying houses, not done after 
 notice, recoverable from the occupier or owner as damages (s. 102). 
 
 Two justices may order certain nuisances and oflfensive trades to be 
 abated (s. 104). 
 
 Expenses of altering public buildings, not approved of by the com- 
 missioners, to be recovered as provided with respect to ruinous or 
 dangerous buildings (s. 110). 
 
 Expenses incui-red by the commissioners in executing private im- 
 provements for owners of buildings, recoverable as damages, or by 
 action (s. 149), and see s. 150. 
 
 An appeal is given to ratepayers against rates, whose names are 
 inserted after rate is made, to the justices at special sessions or quarter 
 sessions (s. 180, and see s. 176). 
 
 Persons aggrieved by rates on the ground of inequality, unfainiess, 
 or incorrectness in the valuation of their premises, may appeal to the 
 justices at the special sessions holden for the district, after seven days' 
 notice (s. 185), which provision is similar to that in the 6 & 7 Will. 4, 
 c. 96 {ante, p. 800, title " Poor"), and see ss. 188, 189, 190. 
 
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954 As to Matters to he done in Petti/ Sessions, [part iit. 
 
 10 & 1 1 Vict. The recovery of rates may be by distress warrant of any one justice 
 
 c-34. («s. 191—197). 
 
 Becavery of Damages.] Damages are to be recovered as under the 
 8 & 9 Vict. c. 20 (s. 210), see title " Bailways," ante, pp. 930, 931. 
 
 TURNPIKE ROADS 1. 
 4 Geo. 4, c. 95. Becovery of Possession of Toll Houses.] By sect. 49, on the death, 
 discharge or absconding of any collector or receiver of tolls, or his wife, 
 widow or children, refusing to quit for three days after demand in 
 writing, one justice may by warrant order a constable to remove the 
 person from the toll house or building, or weighing machine, and then- 
 goods, and put the trustees or their oflBcer in possession. (Vide Forms 
 1—3, pp.546, 547, Oke's " Formulist," 2nd edit.) Sect. 59 is a 
 similar clause in reference to lessees of tolls refusing to perform their 
 agreement or pay rent, or lease becoming void. 
 4 Geo. 4, c. 95, Officer not accounting.] Officers appointed by trustees to account 
 *' 77' ^fi""*' for monies received and paid, and on refusal or neglect to deliver up 
 '^' '^' ' accounts, vouchers, &c., within ten days after being required, one 
 justice on complaint may summon such officer, and hear and determine 
 the matter in a summary way ;— and if any monies shall be in the 
 hands of such officer, the same may be levied by distress and sale of 
 the goods of such officer, and if no distress, or he should not appear, 
 or appearing, shall refuse or neglect to give or deliver to such justice 
 an account of his receipts and payments, and aU vouchers, books, &c., 
 such justices may and shall commit him to the common gaol or house 
 of correction until he shall have paid or compounded with the trustees 
 for the monies so received ; — or if committed for not delivering up 
 accounts, books, &c., then until he shall have so delivered the same, 
 or otherwise satisfied the trustees ; but if committed for want of distress, 
 then to be detained for no longer than six calendar months. (Forms 
 of Complaint, Distress Warrant and Commitments, Nos. 4 — 7, Oke's 
 "Formulist," pp. 547, 548, 2nd edit.) 
 3 Geo. 4, Procuring Materials, ^c] Differences as to the damage done by 
 
 c- 126. surveyor in getting materials from common or waste lands, or going 
 
 over inclosed lands, to be settled by two justices (s. 97). Two or more 
 justices may make order for materials to be taken from inclosed land 
 (s. 98). Differences as to value of land used as repositories for stone, 
 gravel, &c., to be settled by two justices (s. 102). Two or more 
 justices to settle differences or damage between owner of ground, 
 through which a temporary road made, and the trustees (s. 111). 
 Expenses of repairing gutters, drains, &c., in towns, to be defrayed 
 equally between the trustees and inhabitants, and two justices to ap- 
 portion the amount to be paid by each (s. 115). 
 
 Watercourses, Sfc] One or more justices to settle charges of removing 
 
 1 For fuller information on this subject, and all the forms for clerks to 
 trustees and justices, vide Oke's " Law 0/ Turnpike Roads.'* 
 
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CHAP. II. 1 Turnpike Roads — Waterworks. 955 
 
 filth, &c. on road, or tnrDing, &c., -watercourses, &c., after seven days' 
 notice given to owner or occupier by surveyor (s. 114, see Oifences 
 95, 96, p. 520). 
 
 Cutting Hedges.l One justice may order hedges to be cut and trees 
 lopped which obstruct the road, if not so done by occupier within ten 
 days after notice given by surveyor (s. 116, see Oflfence 97, p. 522). 
 
 Damage by making Drains, ^c] Two or more justices may settle 4 Geo. 4, c. 95. 
 satisfaction to owner for making drains through lands contiguous to 
 the road (s. 66). Two justices to determine as to the repair of new 
 road made in lieu of old road (s. 68). 
 
 Cattle impounded-l By s. 75, one or more justices may order cattle 
 impounded to be sold, if the charges be not paid within five days. For 
 ofience of releasing cattle, see Offences 107, 108, ante, p. 524. 
 
 Roads out of Repair.'] See ante, title " Highways," p. 791. 
 
 Application of Highway Rate towards Repair of Turnpike Roads.'] 
 See ante, p. 793. 
 
 Railways interfering with Roads.] See 8 & 9 Vict. c. 20, tit. 
 " Railways," ante, p. 927. 
 
 WATERWORKS FOR TOWNS. 
 
 "The Watei-works Clauses Act, 1847," 10 & 11 Vict. c. 17, the 10 & 11 Vict 
 extent of which is shown in Note 285 a> ante, p. 537, provides for '• ^'• 
 various matters being heard and determined before justices, viz. : — • 
 
 The mode of determining questions of compensation with regard to 
 lands purchased or taken is to be the same as under the 8 & 9 Vict, 
 c. 18 (title "Lands Clauses Act," ante, p. 868), s. 6. 
 
 Correction of eri'ors and omissions in plans and books of reference 
 by two justices (s. 7). 
 
 Diflferences as to the construction of accommodation works to be 
 settled by two justices (s. 16), as well as the expense of executing the 
 works (s. 17). 
 
 Compensation to mine owners for damage done by waterworks to 
 be settled by justices (see s. 22). 
 
 Differences respecting mode of laying open streets, sewers, &c., to 
 be determined by two justices (s. 31). 
 
 Expenses of reinstating streets, &c. opened to be recovered as da- 
 mages (s. 34), see infra. 
 
 Disagreement between commissioners and the undertakers as to 
 rates and terms of supplying water for cleansing sewers, watering 
 streets, &c., to be settled by two justices (s. 37). 
 
 Difierence of opinion as to proper position or number of fire plugs 
 to be settled by two justices (s. 38). 
 
 Dispute as to charge for pipes supplied to occupiers to be settled by 
 two justices (s. 44). 
 
 Dispute as to strength and material of service pipes laid by owners 
 and occupiers themselves to be settled by two justices (s. 48), as well 
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956 As to Matters to be done in Petty Sessions, [part hi, 
 
 ]0 & 11 Vict, as to the manner in which such pipes shall communicate with the 
 
 c. 17. 
 
 public pipes (s. 49). 
 
 Expenses of examination as to the fouling of the water by gas, and 
 the injury done to the water, to be ascertained and recovered as da- 
 mages (s. 67) ; see infra. 
 
 Dispute as to value of premises supplied with water to be determined 
 by two justices (s. 68). 
 
 Water rates under £20 recovered as damages (s. 74). 
 
 Secovery of Damages.'] Damages are to be ascertained and recovered 
 as under the 8 & 9 Vict. c. 20 (s. 85). See title " Bailways," ante, 
 pp. 930, 931. 
 
 WEIGHTS AND MEASURES. 
 5 & 6 Will. 4, Justice or Inspector may enter Shops and examine Weights, Sfc] 
 "• ®^' By 8. 28, "every justice of the peace of any county, riding or division, 
 
 or of any city or town, — or any inspector authorized in writing under 
 the hand of any justice of the peace [vide form of authority, Oke's 
 " Formulist," 2nd edit., p. 549] 1, — may at all seasonable times enter 
 any shop, store, warehouse, stall, yard, or place whatsoever within his 
 jurisdiction, wherein goods shall be exposed, or kept for sale, or shall 
 be weighed for conveyance or carriage, and there to examine all 
 weights, measures, steelyards, or other weighing machines, and to 
 compare and try the same with the copies of the imperial standard 
 weights and measures required or authorized to be provided under this 
 act; — and if upon such examination it shall appear that the said 
 weights or measures are light or otherwise unjust, the same shall he 
 liable to be seized and forfeited." There is, therefore, no authority to 
 seize a steelyard or other weighing machine (see Thomas v. Stephen- 
 son, 17 J. P. 537). A general authority to the inspector is sufficient, 
 and it is not necessary that he should also have a special authority 
 upon each particular occasion {Hutchings v. Reeves, 11 L. J. (N. S.) 
 M. C. 109 ; 2 Mees. & W. 747 ; Kershaw v. Johnsm, 1 Car. & K. 
 329). 
 
 [Vide ante, p. 540, &c. for offences punishable summarily.] 
 
 WRECK AND SALVAGE. 
 I. Inquiries into Wrecks, Sj-e., infra. 
 II. Arbitration on Salvage Claims, p. 959. 
 
 101. 
 
 I. Inquiries into Wrecks, Sfc. 
 17 & 18 Vict. Inquiry by Officer of Coast Guard."] By s. 432 of the Merchant 
 Shipping Act, 1854, in any of the cases following, viz., — 
 
 Whenever any ship is lost, abandoned or materially damaged on 
 or near the coasts of the United Kingdom ; 
 
 1 The appointment of inspector of weights and measures for a borough 
 which has a separate commission of the peace and a separate court of quarter 
 sessions, is with the quarter sessions of the county, and not with the recorder 
 of the borough (^Duly v. Sharood, 25 L. J. (N. S.) M. C. 122 ; 3 Jur. (N. S.) 
 
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CHAP, ii.j Weights and Measures — Wreck and Salvage, 957 
 
 Whenever any ship causes loss or material damage to any other 17 & 18 Vict. 
 
 ship on or near such coasts ; '^ ^^'^'- 
 
 "Whenever by reason of any casualty happening to or on board of 
 
 any ship on or near such coasts, loss of life ensued ; 
 Whenever any such loss, abandonment, damage or casualty hap- 
 pens elsewhere, and any competent witnesses thereof arrive, 
 or are found at any place in the United Kingdom ; 
 the inspecting officer of the coast guard or the principal officer of 
 customs, or any other person appointed for the purpose by the Board 
 of Trade, may make inquiry respecting such loss, &o. 
 
 Formal Investigation before Justices.'] By s. 433, if it appear to 
 such officer or person as aforesaid, either upon or without any such 
 preliminary inquiry as aforesaid, that a formal investigation is requisite 
 or expedient, — or if the Board of Trade so directs, — he shall apply 1 
 to any two justices or to a stipendiai-y magistrate to hear the case 2 \— 
 and such justices or magistrate shall thereupon proceed to hear and 
 try the same, and shall for that purpose, so far as relates to the sum- 
 moning of parties, compelling the attendance of witnesses, and the 
 regulation of the proceedings, have the same powers as if the same 
 were a proceeding relating to an offence or cause of complaint upon 
 which they or he have power to make a summary conviction or order, 
 or as near thereto as circumstances permit 3 ; — and it shall be the duty 
 of such officer or person as aforesaid to superintend the management 
 of the case, and to render such assistance to the said justices or magis- 
 trate as is in his power; — and upon the conclusion of the case, the 
 said justices or magistrate shall send a report to the Board of Trade, 
 containing a full statement of the case, and of their or his opinion 
 thereon, accompanied by such report of or extracts from the evidence, 
 and such observations, if any, as they or he may think fit4. 
 
 Appointment of Nautical Assessor.'] By s. 434, in cases where nau- 
 tical skill and knowledge are required, the Board of Trade, either at 
 the request of the justices or magistrate, or at its own discretion, may 
 appoint some person of nautical skill and knowledge to act as assessor 
 to the justices or magistrate; — and such assessor shall, upon the con- 
 
 1 Form of Application, Oke's "Formulist," 2nd ed. p. 549. 
 
 2 Where the stipendiary magistrate is a member of a local marine board, 
 the inquiry is to be made before him, and he is to be paid a remuneration 
 out of the Mercantile Marine Fund (s. 435). 
 
 3 The practice in summary convictions and orders will be found at 
 pp. 89 — 214. Vide form of Summons to a party or witness, Oke's " Formu- 
 list," 2nd ed. p. 550 ; also a form of Examination of Witnesses, p. 551. 
 
 4 Vide form of Report, Oke's "Formulist," 2nd ed. pp. 551, 552. By 
 B. 438 the justices or magistrate may require the master or mate possessing 
 a certificate of competency or service, whose conduct is called in question, 
 &c., to deliver such certificate to be held till the close of the investigation ; 
 and see s. 242 as to the power of the Board of Trade to cancel or suspend 
 the certificate, if it appear from the report of the justices or magistrate that 
 the loss or abandonment of, or serious damage to the ship, or loss of life, has 
 been caused by the wrongful act or default of such master or mate. 
 
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958 As to Matters to be done in Petty Sessions, [part hi. 
 
 17 & 18 Vict elusion of the case, either signify his concurrence in their report by 
 "• 10*- signing the same, or if he dissents therefrom shall sjgnify such dissent 
 and his reasons therefor to the Board of Trade. 
 
 Costs of Investigation.'] By s. 4iJ6, the justices or magistrate may 
 make such order with respect to the costs of any such investigation or 
 any portion thereof as they or he may deem just, — and such costs shall 
 be paid accordingly, — and shall be recoverable iu the same manner as 
 other costs incurred in summary proceedings before them or him; — 
 and the Board of Trade may, if iu any case it thiniss fit so to do, pay 
 the expense of any such investigation, and may pay to such assessor as 
 aforesaid such remuneration as he thinks fit 5. 
 
 Examination as to Ships in Distress.] By s. 448, any receiver, — or 
 in his absence any justice of the peace, — shall, as soon as conveniently 
 may be, examine upon oath (which oath they are hereby respectively 
 empowered to administer) any person belonging to any ship which 
 may be or may have been in distress on the coasts of the United 
 Kingdom, or any other person who may be able to give any account 
 thereof, or of the cargo or stores thereof, as to the following matters ; 
 (that is to say,) — 
 
 (1.) The name and description of the ship; 
 
 (2.) The name of the master and of the owners ; 
 
 (3.) The names of the owners of the cargo ; 
 
 (4.) The ports and places from and to which the ship was bound ; 
 
 (5.) The occasion of the distress of the ship; 
 
 (6.) The services rendered ; 
 
 (7.) Such other matters relating to such ship, or to the cargo on 
 board the same, as the receiver or justice thinks necessary ; 
 and such receiver or justice shall take the examination down in 
 writing 6, — and shall make two copies of the same, — of which he 
 
 6 The amended Customs Act, 19 & 20 Vict. c. 75, contains, in a schedule, 
 a table of fees to justices' clerks in respect of investigations, which is as 
 follows : — s. d. 
 
 Taking instructions to hold investigations 3 4 
 
 Convening justices 5 
 
 Summons (and duplicate) to witness, each 3 
 
 For officer or person employed to serve summons, each 
 
 service 2 6 
 
 Taking down examination of witnesses in writing, per folio 8 
 
 Copy of evidence (when required) per folio 2 
 
 Drawing report to Board of Trade, per folio 1 
 
 Fair copy', per folio 4 
 
 Attending justices for their approval and signature 3 4 
 
 Letter to Board of Trade with report 3 6 
 
 The sum in the order would be recoverable under 11 & 12 Vict. c. 43, s. 19, 
 by distress ; ante, p. 175. 
 
 6 This may be in the same form as in an investigation. See form, Oke's 
 "Formulist," 2nd ed. p. 551 ; and should show the following particulars j— 
 the tons register of the ship, by whom owned, the date of sailing, the number 
 of the crew and where bound to, what the cargo consisted of, and by whom 
 shipped and to whom consigned^ where ship or cargo insured and in what 
 
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CHAP. II.] Wreck and Salvage. 959 
 
 sLall send one to the Board of Trade, and the other to the secretary of 17 & 18 Vict, 
 the committee for managing the affairs of Lloyd's in London;— and "■ l"^- 
 such last-mentioned copy shall be placed by the said secretary in some 
 conspicuous situation for the inspection of persons desirous of examining 
 the same ; and for the purposes of such examination every such 
 receiver or justice shall have all the powers given by the first part of 
 the act to inspectors appointed to the Board of Trade 7. 
 
 Cutting up Cables.] Dealers to make a declaration before a justice, 
 in order to a justice or receiver granting a permit for cutting up a 
 cable (s. 481). [Vide Forms of Declaration and Permit, Nos. 17, 18, 
 pp. 173, 174, Oke's "Formulist," 2nd edit.] Justices may, on appli- 
 cation on oath, grant a warrant to a marine store dealer to produce a 
 cable or other like article, and to allow an examination of his book of 
 entries required to be kept (s. 482). Form, No. 19, p. 174, Oke's 
 "Formulist," 2nd edit. 
 
 Damage by Rioters.] In case of vessels stranded, &c., being 
 plundered by tumultuous assemblages, the hundred is to be liable for 
 the damage, in the same manner as damage to buildings by a riotous 
 assemblage is provided for by the 7 & 8 Geo. "4, c. 31 (s. 477, see ante, 
 p. 794). 
 
 IL Arbitration on Salvage Claims. 
 
 By s. 476, the High Court of Admiralty may decide on all salvage 
 cases, whether on sea or land. By s. 460, disputes with respect to 
 salvage arising within the boundaries of the Cinque Ports shall be 
 determined in the manner in which the same have hitherto been deter- 
 mined; — but whenever any dispute arises elsewhere in the United 
 Kingdom between the owners of any ship, boat, cargo, apparel or 
 wreck, and the salvors, as to the amount of salvage, and the parties 
 to the dispute cannot agree as to the settlement thereof by arbitration 
 or otherwise, then if the sum claimed does not exceed 2001., such 
 dispute shall be referred to the arbitration of any two justices of the 
 peace resident as follows:— in case of wreck, resident at or near the 
 place where such wreck is found ; — in case of services rendered to any 
 ship or boat, or to the persons, cargo or apparel belonging thereto, 
 resident at or near the place where such ship or boat is lying, or at or 
 near the first port or place in the United Kingdom into which such 
 ship or boat is brought after the occurrence of the accident by reason 
 whereof the claim to salvage arises : — but if the sum claimed exceeds 
 200?., the dispute may, with consent, be referred also to such justices, 
 or otherwise by the Court of Admiralty : — and every such dispute may 
 
 sums respectively, and then a narrative embracing explicitly the occasion 
 and date of distress of ship, the exact nature of casualty, the services ren- 
 dered, and such other matters and circumstances relating to the ship and 
 cargo as the justice may consider necessary. 
 
 7 yide s. 15, which gives power to summon witnesses {vide Form No. 7, 
 Oke's "Formulist," 2nd ed. pp. 552, 553). 
 
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969 As to Matters to he done in Petty Sessions, [part iii. 
 
 17 & 18 Vict, be heard and adjudicated upon on the application either of the salvor 
 "• ^^'*' or of the owner of the property salved, or of their respective agents. 
 By s. 461, the justices may either themselves determine the dispute, 
 ■with power to call to their assistance any person conversant with 
 maritime affairs as assessor ; — or they may, if a difference of opinion 
 arises between them, or without such difference, if they think fit, 
 appoint some person conversant with maritime affairs as umpire to 
 decide the point in dispute; — and such justices or their umpire shall 
 make an award as to the amount of salvage payable within the fol- 
 lowing times, viz., — the justices within forty-eight hours after such 
 dispute has been referred to them, and the umpire within forty-eight 
 hours after his appointment, — with power nevertheless for them, by 
 writing under their or his hand, to extend that time 8- The costs of 
 the arbitration are to be paid in such manner and proportions as the 
 justices or umpire shall direct in the award (s. 462). The justices or 
 umpire may call for documents and administer oaths (s. 463). 
 
 Appeal.'] An appeal is given against the award to the Court of 
 Admiralty (s. 464), when a copy of the justices' proceedings are to be 
 transmitted to the court (s. 465). 
 
 Payment and Apportionment of Salvage.] This duty rests with the 
 receiver of the district (see ss. 466—470), or with the courts having 
 admiralty jurisdiction (s. 498). 
 
 Disputed Title to Wreck.'] By s. 472, if any dispute arises between 
 the receiver and any admiral, vice-admiral, lord of any manor or other 
 person as to the validity of his title to wreck, — or if divers persons 
 claim to be entitled to wreck found at the same place, — the matter in 
 dispute may be decided by two justices in the same manner in which 
 disputes as to salvage coming within the jurisdiction of justices are 
 directed to be determined. There is an appeal from the justices' 
 decision to a court of law or equity, or the Court of Admiralty (s. 473). 
 
 8 Vide Oke's " Formulist," 2nd ed. pp. 553, 554, for forms of application 
 to justices to adjudicate on dispute, summons and award of justices. As 
 to salvage services rendered by her Majesty's ships, see ss. 484! — 496. 
 
 END OF PART III. 
 
 [Index. 
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INDEX. 
 
 »»* The letter and figures, 0. 10, p. 530, or othershere used, signify Offence num- 
 ber 10, page 530, and have reference to Summary Convictions (Chap. II. and 
 ITT. of Part I.) as well as to Indictable Offences (Chap. II. of Part II.). 
 The pages are those in which the offences are described, it being unnecessary 
 to refer to the pages containing the various stages of the proceedings, the 
 penalty, SfC, and, in Indictable Offences, where to be tried, as to bail, the 
 punishment, costs, Sfc, as those minuiite are so placed as to be seen at the 
 same glance with the description of the offence, and the Notes are at the foot 
 of the pages to which they relate. The letter N. means a note. 
 
 Abandoning family, whereby they become chargeable, O. 1, p, 526; O. 17, 
 
 p. 530. 
 Abbreviations used in Chap. II. of Part I., 217. 
 in Chap. III. of Part I., 545. 
 in Chap. II. of Part II., 703. 
 Abduction of women, O. 1, p. 704; of a girl under sixteen, O, 2, p. 704. 
 Abettors, aiders, counsellors or procurers in the commission of summary offences, 
 
 punishable in all cases, 102, 220. 
 Abortion, procuring or using an instrument to cause, O. 3, 4, p. 704. 
 Abroad, offences, warrant to apprehend for, 620; form {E), 626; for what 
 
 offences, 623 — 626 ; see " France," " America," " Colonies." 
 Absconding by apprentices, O. 3, p. 228 ; from workhouse with clothes, O. 48, 
 
 p. 454. 
 Absenting by servants in husbandry, &c., O. 12, 15, pp. 390, 392. 
 Abusmg or illtreating cattle, sheep, dogs, &c., O. 1, p. 276. 
 Abusing female children under ten years of age, O. 62, p. 716 ; above ten and 
 
 under twelve years of age, O. 63, p. 716. 
 Abusive language by toll collector on turnpike roads, O. 9, p. 502. 
 Acceptance of bill of exchange, forgery of, O. 134, p. 730 ; larceny of, O. 181, 
 
 p. 746. 
 Accessory in summary convictions, 1 02, 220. 
 Accessory before the fact in felonies punishable as principals, 608 ; after the 
 
 fact, 608. 
 Account of clerk of petty sessions and gaoler, of fines, Sic. received, 52, 191. 
 Accounts, collector of highway rates not rendering, O. 19 — 21, p. 330; recovery 
 
 of amount due thereon, 852 ; the like, officers of local board of health, 
 
 847 ; the like, bookkeeper of public company, 819 ; the like, treasurer 
 
 under Lighting and Watching Act, 872 ; the like, turnpike roads, 954 ; 
 
 treasurer of corporation, 823, 
 0. S. Digitized by Microsoft® 3 Q 
 
962 Index. 
 
 Accused, in indictable offences, to be cautioned before making statement, how, 
 66] ; form of statement, 664| committal or discbarge of, 668 ; admis- 
 sibility of statement as evidence, 661 ; voluntary observation of accused 
 during examination admissible without cauHon, 657 ; to pay costs of 
 conveyance to gaol, if able, 686 ; entitled to copies of depositions, 
 672 ; binding over to answer charge, 679. 
 
 Accusing of crime, O. 7, p. 7"4 ; threatening to accuse and thereby extorting 
 money, O. 319, p. 776 ; see " Letter ( Threatening)." 
 
 Acknowledging bail in name of another, O. 265, p. 764. 
 
 Acquittal on information or complaint, see " Dismissal." 
 
 Acquittal of one of several co-defendants, may then be examined, 62. 
 
 Act of parliament, local or private, how recited in information, 107. 
 
 Acting new plays without authority, 0. 3 — 6, p. 492 ; or in unlicensed house, 
 O. 2, p. 492. 
 
 Actions against justices, when liable to, 27 ; copy of conviction to be given to 
 defendant, 28 i limitation of action, 29; notice of action, 29; tender and 
 payment of money into court, 30 ; in what cases nonsuit or verdict for de- 
 fendant, 30 ; defendant may plead the general issue, &c., 31 ; damages, 
 31 ; costs, 31 ; for an act done within jurisdiction, 32 ; for an act done 
 without or exceeding jurisdiction, 32; no action to be brought until 
 after Conviction or order quashed, 33; if one justice convict, and another 
 grant a warrant upon it, the action must be brought against the former 
 for any defect, 33 ; no action for issuing a distress warrant for poor 
 rate by reason of any defect, &c., 34 ; no action where discretionary 
 power, 34 ; justices refusing to do an act, 34 ; after conviction, &c. 
 confirmed on appeal, no action for anything done upon it, 34 ; if action 
 brought where prohibited, judge may set aside the proceedings, 34. 
 
 Addition of trade, &o. and number of residence to be inserted in recognizance 
 in indictable offences, 673. 
 
 Adjournment, in summary convictions, before hearing, llS, 130; at hearing on 
 variances between information or complaint, summons or warrant and 
 the evidence, 118, 130, IZ& ; form of commitment, 120 ; form of recog- 
 nixance on hail taken, 121 ; certificate of non-appearance, 121. See 
 further " Remand," as to indictable offences. 
 
 Adjudication, on hearing of information or complaint, 140. See " Hearing." 
 pronouncing judgment, 140; may alter same, 141; when a division of 
 opinion, 141 ; particulars of judgment to be stated and how fine 
 recovered, 142; where a second offence to receive evidence of previous 
 conviction, 142 ; consecutive periods of imprisonment, 143 ; penalty 
 where several offenders, l44 ; questionable whether a joint or several 
 offence, 145, 146; meaning of a " month," 146; minute of adjudica- 
 tion to be made, 147 ; convictions to be filed, 147 ; minute of orders 
 to be served) 148; dismissal, 132, 148; costs may be adjudged in all 
 cases, 148, 149; requisites of convictions and orders, 149, 1.50; the 
 adjudication, 150; several offences in one conviction, 150; several 
 defendants in one conviction, where offence several and not joint, 150; 
 joint penalty severed among defendants, 151 ; copy of conviction for 
 defendant, 151 ; but not depositions, 152; stating case for opinion of 
 superior court, 152, 206. 
 /orms; of convictions and adjudications, 152—154; of orders, 155, 156; 
 bail before, see "Adjournment" for summary convictions, and "Re- 
 mand" for indictable offences. 
 
 Adjudication, forms of, in summary convictions, 152—154. 
 
 Administering drugs to pi:ocure abortion, 0.3, p. 704; poison with intent to 
 murder, O. 44—47, p. 712 ; unlawful oaths, O. 255—257, p. 762. 
 
 Administration of justice, libels reflecting on, O. 215, p. 752. 
 
 Admiralty, warrant to issue for offences within the jurisdiction of the, 620; 
 form, 626 ; what is the jurisdiction of the, 621. 
 
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Index. 963 
 
 Admissibility of prisoner's statement in evidence, 661. 
 
 Admission by accused on examination in indictable offences, 658. 
 
 Adulterating exciseable liquors by alehouse keepers, 0. 1, p. 218 ; by beerhouse 
 keepers, O. 2, p. 236. 
 bread and flour, O. 2, 3, p. 250. 
 Advertisement of offender's name under bread act, 251 ; before horses slaugh- 
 tered, N. 142, p. 342. 
 
 Affidavits may be made before justices in certain cases, 906, 907. 
 
 Affirmation, see " Oath." 
 
 Affray, O. 8, p. 744; see "Prize Fights." 
 
 Agent, information or complaint may be preferred by, 97. 
 
 Agents, banker or attorney, converting or embezzling stock, interest, &c., O. 9, 
 p. 706 i embezzling goods, or person assisting, O. 10, p. 706 ; see 
 "Fraudulent Trustees." 
 
 Aggravated assault on a female or male child not exceeding fourteen, 234. 
 
 Agreement with seaman, master not entering into, before going to sea, O. 13, 
 p. 396. 
 
 Agricultural labourers, offences by, O. 10 — 16, pp. 390, 392 i recovery of their 
 wages, 891. 
 
 Aiders, in summary convictions, 102, 218. 
 
 Aldermen of London may do alone acts required to be done by two justices, 54. 
 
 Alderney, island of, backing warrant in and from, 12. 
 
 Alehouses. 
 
 I. Offences against the Licence, 218, 220; diluting or adulterating liquors, 
 O. 1; selling same knowingly, O. 2; using illegal measures, O. 3; 
 wilfully or knowingly permitting drunkenness, O. 4; suffering gaming, 
 0. 5 ; permitting notoriously bad characters in house, O. 6 ; as to 
 Sundays, Christmas Day, or Good Friday, &c., O. 7, 8, pp. 218, 220, 
 and O. 20 — 22, p. 224; not maintaining good order, O. 9, p. 220. 
 Notes ; observations on " knowingly" or "wilfully," N. 1, p. 218 ; obser- 
 vations on "gaming," &c., N. 3, p. 218; certain justices prohibited 
 from hearing charges, N. 3 a, p. 219; evidence of conviction, N. 4, 
 p. 220 ; appeal clause, N. 5, p. 220 ; what is intended by " afternoon 
 service," N. 6, p. 221. 
 II. Other Offences, 222 — 224; selling, &c. without licence, 0. 10, 11 ; excep- 
 tion to offence, N. 7; selling in other than licensed premises, O. 12 ; 
 not selling by standard measm-e, O. 13 ; keeping open in case of 
 riot or tumult, contrary to justices' order, O. 14 ; knowingly har- 
 bouring or entertaining county police, O. 15 — 17 ; refusing to receive 
 soldiers hilletted, O. 18, p. 224 ; refusing to pay compensation for not 
 having good stables, &c. for soldiers, O. 19 ; keeping open house or 
 selling liquors or articles before half-past twelve on Sundays, &c., O. 
 20 — 22 ; refusing or not admitting constable, O. 23 ; or opening, &c. 
 on Sunday afternoon, &c., 24 — 28. 
 Application for new licence, notice and time, 784 ; annual licensing day 
 and mode of convening, 785; justices disqualified from attending or 
 acting, 785 ; jurisdiction of borough justices, 785 ; form of licence, 785 ; 
 appeal, 786; transfer days, 786; temporary authority to sell, 786; 
 licence in case of death, change of occupancy, &c., 786 ; as to riots, 
 787. 
 
 Aliens, 226; master of vessel from foreign ports not making declaration to 
 customs, O. 1 ; alien neglecting to present passport, or making false 
 declaration, &c., O. 2 — 4 ; offences committed by, 608, 625 ; registra- 
 tion of aliens, 804 ; naturalization of aliens, 806 ; regulations of secre- 
 tary of state thereon, 80S, 806. 
 
 Allotments under an in^lo^re ^cj^^^da^^^a 3^ 342. 
 
964 Index. 
 
 Allowance of jury lists, 795 j of highway rate, 852 ; of poors rate, 920 ; form, 
 920; of surveyor's accounts, 791 j of overseer's accounts, 797 ; of 
 inspector's accounts under Lighting and Watching Act, 870; of in- 
 denture for a parish apprentice, 806. 
 
 Allowance of constable's expenses for conveyance to prison in summary convic- 
 tions, 186, 187 ; the like, in indictable offences, 685, 686 ; for activity 
 in apprehension of certain offenders, 689. 
 
 Amendment of information, cannot be made, 99. 
 
 'America, offences in, and offenders flying to this country, a police magistrate 
 of the metropolis to grant warrant of apprehension, 636 — 638 ; forms, 
 639, 640 ; offences in this country, and offenders flying to America, 
 how warrant granted and executed, 6i3 ; forms, 645. 
 
 Anchors of ships, dealer purchasing of persons under sixteen years of age, O. 
 150, p. 418; manufacturers not placing name, 8;c. on, O. 153, p. 418. 
 
 Angling in water in private grounds in the day time, O. 15 — 19, pp. 354 — 356 ; 
 seizure of angling implements, N. 154, p. 354 ; O. 132, p. 730. 
 
 Animals, cruelty to, see " Cruelty to Animals." 
 
 Appeal against or reviewing the judgments of justices, 191 — 214. 
 
 I. When Appeal allowed. Time, Sfc., 191 — 203; in what cases appeal lies, 
 191 — 1 95 ; time for appealing, 195, 196 ; rules of sessions as to notice, 
 196 ; form of notice, when verbal, when in writing, 197 ; form, 201; 
 statement of grounds of appeal, 197 ; to whom notice to be given, 
 and by whom, 197 ; the recognizance to prosecute appeal, 198;/orm 
 and notice, 201, 202 ; suspension of execution during appeal, 198 ; 
 stating case for superior court after notice of appeal and without going 
 to the sessions, 199 ; form of special case, 202; provisions of 12 & 13 
 Vict. c. 45.. 200, 201; 
 II. Et^orcing Judgment ivhen confirmed on Appeal, with Costs, 203 — 205 ; after 
 conviction or order confirmed, justices to enforce, 203 ; justices to 
 issue distress warrant for costs of appeal, 204 ; forms ; certificate of 
 clerk of the peace that costs not paid, 204 ; distress warrant for costs, 
 204 ; commitment for want of distress, 205 ; 
 III. Stating Case for Opinion of Superior Court on Questions of Law, 206 — 214; 
 preliminary observations, 206; justices on application of any party to 
 state a case, 206, 207 ; security to be given by appellant to prosecute 
 appeal, 207; and pay justices' clerks' fees, 208 ; justices may refuse 
 to state a case where they think the application frivolous, 208 ; appel- 
 lant not allowed to appeal to quarter sessions, 209 ; Queen's Bench 
 may order a case to be stated, 209 ; rules of superior courts for pro- 
 ceedings, 209 ; certiorari not required, 210 ; justices not liable to 
 costs, 210 ; case may be sent back for amendment, 210 ; after decision 
 justices may enforce conviction, 8;c., 211; forms: application by dis- 
 satisfied party to justices to state a case, 211 ; justices' certificate of refu- 
 sal, 211; case stated by justices, 212, 213; recognizance to prosecute 
 appeal and notice, 213, 214 ; notice from appellant to respondent with 
 copy of case, 214. 
 
 Appeal, conviction or order confirmed upon, no action against convicting jus- 
 tice, 34. 
 
 Appeal against parochial rates, 799 ; appointment of special sessions for the 
 year, 799 ; procedure, 802 ; time and notice of, 801 ; summoning wit- 
 nesses, 802 ; appeal against decision, 800. 
 
 Appearance (in summary convictions), of complainant, and defendant not ap- 
 pearing, 131 ; of defendant, and complainant not appearing, dismissal 
 or adjournment, 132. See " Dismissal." Non-appearance of either 
 or both parties at adjourned hearing, 136; appearance of all parties 
 .136; appearance waives irregularity in service of summons, 137. See 
 " Adjudication," " Hearing." 
 
 Appearance in indictable offences, failure of, a warrant to issue, 612, 
 
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Index. 965 
 
 Appearance failure of, in pursuance of a recognizance upon case adjourned, in 
 summary convictions, 119; in indictable offences, 647. 
 
 Application to Queen's Bench for a rule requiring a justice to do an act, 38; 
 no action to be brought for obeying same, 38. 
 
 Application in bastardy by mother to a justice, times for making, 807, 808 ; by 
 officers of guardians of union, when should be made before proceeding 
 for offences, N. 205,. p. 442. 
 
 Application of penalties, &c. unappropriated by statute, 188, 190; in boroughs, 
 188 ; in counties, 189. 
 
 Apprehension under a warrant, where may be in summary conviction, 113; in 
 indictable offences, 630 — 632, 
 without warrant, in certain cases punishable summarily, 116, 
 117 ; and notes to the thurd column of Chaps. II. and III. of 
 Part I., pp. 218-579. 
 
 Apprehension, assaulting or stabbing, wounding, &c. with intent to prevent, 
 O. 29, p. 708. 
 
 Apprentices (Summary Convictions and Orders). 
 
 I. Offences by Apprentices, 226, 228 ; misbehaviour, O. 1 ; parish appren- 
 tices misbehaving, O. 2, p. 228 ; absenting during service, 0, 3 ; cumu- 
 lative punishment for not making satisfaction for absent time, N. 131, 
 p. 228; all trades within acts, N. 10, p. 226; appeal, N. 13 a, 13 c, 
 pp. 227, 228. 
 II. Offences hy Masters, 228, 230 ; misusage, refusal of provisions, &c., 0. 4 ; 
 the like, as to parish apprentices, O. 5 ; abandoning or transferring a 
 parish apprentice, O. 6, 7, p. 230 ; refusing to perform conditions of 
 indenture inserted by order of poor law commissioners, O. 8, 9 ; appeal 
 clauses, N. 13, 14, 15, pp. 227, 229, 230. 
 
 Apprentices (indictable), master ill-treating a parish, 0. 11, p. 706 ; refusing or 
 neglecting to provide them with necessary food, &c. or assaulting them, 
 O. 310, 311, p. 774. 
 
 Apprentices (Petty Sessions Matters). 
 
 I. As to Parish Apprentices : binding, 806 ; master removing or dying, 807 ; 
 assignment, 806 ; enforcing covenant for maintenance, 806 ; master 
 becoming insolvent, 806. 
 II. As to Apprentices in general : recovery of wages from masters, 807 ; en- 
 listing, &c., see " Military Law." 
 
 Arbitration between masters and their workmen, 892. 
 
 Area of a house, stealing, &c. metal fixed as a fence to, O. 196, p. 748. 
 
 Armed persons trespassing in search of game, and using violence, O. 7, p. 294 ; 
 the like, by night, O. 165, p. 742; three or more persons doing so, 
 O. 166, p. 742. 
 
 Armed assemblies for aiding in smuggling, O. 313, p. 776. 
 
 Armed at night, with intent to break into a dwellinghouse, &c., O. 172 — 176, 
 p. 744. 
 
 Arms of soldiers, buying or receiving, or detaining, O. 19 — 22, p. 422. 
 
 Arms, training to the use of, or aiding, or being present, or being trained, 0. 12, 
 p. 706. 
 
 Army, officers in the, taking, &c. game, O. 13, p. 296. 
 
 Arsenic (Summary Convictions), 230—232; selling without entering sale in a 
 book to person unknown or under age, or without being mixed. Sic, 
 O. 1 — 5, p. 230 — 23? i purchasers giving false information, &c., 
 O. 6, 7, p. 232 ; proviso as to mixing arsenic for use of agriculture, 
 N. 19, p. 232. 
 
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966 Index. 
 
 Arson, 706—709 : 
 
 setting fire to dwellinghouse, O. 13, p. 706 ; to a church or chapel, O. 14 ; 
 ships or vessels, or casting same away, O. 15, 16 ; coal mines, O. 17 ; 
 stacks of corn, See. O. 18 i crops of com, O. 19 ; her Majesty's vessels 
 of war, &c., O. 20 ; vessels in dock, &c., O. 21, p. 708 ; farm build- 
 ings, 0. 22 ; hay or implements, &c. in farm buildings, O. 23 ; placing 
 gunpowder, &c. with intent, &c., O. 24 ; apprehension without 
 warrant, N. 3, p. 708 ; attempting to set fire to anything, O. 25 ; 
 having explosive substances for doing so, O. 26 ; search warrant for 
 combustible materials, N. 4 ; setting fire to railway station, &c. or 
 dock, &c., O. 27 i to any goods in a building, O. 28. See " Burning 
 hy Servants." 
 
 Articles of the peace, exhibiting, 947. 
 
 Ass, illtreating, O. 1, p. 276 ; see " Cruelty to Animals." 
 
 Assault (Summary Convictions), 232 — 234; definition of an assault, N. 20, 
 p. 232 J penalty several, N. 22, p. 233 ; common assault, O. 1, p. 232 ; 
 certificate of dismissal, N. 21, p. 233 ; aggravated assault upon a 
 female or child under fourteen, O. 2, p. 234 ; hindering seaman, &c. 
 from working, or beating him, O. 3, 4 ; beating person with intent to 
 hinder sale, &c. of corn, O. 5 ; assaulting person in charge of corn, 
 O. 6 J on constable, see " Constables." 
 (Indictable), 708 — 712; assault and stabbing with intent to maim, &c., 
 O. 29 ; inflicting bodily injury as a misdemeanor, 0. 30, p. 710 ; send- 
 ing explosive substances with intent to burn, &c. 0. 31 ; impeding 
 persons endeavouring to escape from wreck, O. 32 ; on deerkeepers, 
 O. 33 ; with intent to rob, O. 34 ; common assault, 0. 35 ; on magis- 
 trates in case of wreck, O. 36 ; with intent to commit felony, O. 37 ; 
 with intent to carnally know a girl, or to commit a rape, or an un- 
 natural offence, O. 38 ; on peace or revenue officers, 0. 39 ; to prevent 
 apprehension, O. 40 ; in pursuance of a conspiracy to raise wages, 
 O. 41 ; on special or county constables, 0. 42; on persons apprehend- 
 ing offenders, under 14 & 15 Vict. c. 19, O. 43, p. 712; on appren- 
 tices or servants, O. 310, 311, p. 774. 
 
 Assignment of apprentices, see "Apprentices." 
 
 Assizes, ofiences triable at, p. 755, and 4th column of Chap. II. of Part II. 
 pp. 705—781. 
 
 Asylum for lunatics, removal of paupers, &c. to, see "Lunatics." 
 
 Attempt to obtain goods by false pretences, O. 129, p. 730. 
 
 Attempts to murder, &c. 712. ' 
 
 administering poison, stabbing, &o., O. 44 ; attempting to administer 
 poison, shooting, &c. at, O. 45 ; by explosive substances destroying 
 any building with intent, &c., O. 46 ; attempting to administer chlo- 
 roform, &c., O. 47. 
 
 Attempts to commit crimes, &c., 712 ; to commit a felony, O. 48; to have carnal 
 knowledge of a girl under twelve, O. 49 ; to commit a misdemeanor, 
 O. 50. 
 
 Attendance of constable to prove service of a summons in summary convictions 
 
 and orders, 113, 131 ; in indictable offences, 613. 
 Attorney, may prefer information or complaint for a party, 97 ; allowed on 
 
 hearing for defendant in summary convictions and orders, 127 ; not in 
 
 indictable offences on preliminary examination, 653. 
 Auction, hawkers not to sell by, out of town of residence, N. 21, p. 563. 
 Auditor of poor law unions, recovery of balances found due by, firom overseers, 
 
 919, 920. 3, < 
 
 Avenue, stealing, damaging, &c. trees, shrubs, &c. growing in, see "Larceny," 
 
 " Malicious Injuries." 
 Averment of a previous summary conviction, /orm of, 143, n. 
 Award by justices of amount of salvage, 959. 
 
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index. 967 
 
 Backing warrants of apprehension, 12, IH; form of indorsement {K..) 116 j by 
 whom and where executed, 114 ; backing English, Irish ind Scotch 
 warrants, 12 j and English warrants in Isles of Man, Guernsey, 
 Jersey, Alderney or Sark, and vice vers^, 12. 
 
 Backing warrants against a witness, in summary convictions and orders, 123 ; 
 in indictable offences, 650 ; form, 116. 
 
 Backing warrants of distress in summary convictions and orders, 133, 175 ; 
 form of indorsement (N. 3j, 135. 
 
 Badger, baiting or fighting, keeping place, &c. for, O. 5, p. 278 ; running, for 
 the purpose of baiting on or near highway, O. 61, p. 336 i or on turn- 
 pike road, 0. 76, p. 516 ; or on a Sunday, O. 5, p. 490. 
 
 Bagatelle boards, see " Gaming Houses." 
 
 Bail, In summary convictions, for defendant, before hearing, 118 j at hearing 
 on variances, 118; on apprehension before time fixed for hearing, 119; 
 on non-appearance of complainant, 119; mode of stating recognizance, 
 N. 3, p. 119, form of recognizance (E.), 121 ; notice of same, 121 ; es- 
 treating recognizance on non-appearance, 119, 120 ; form of certificate 
 of non-appearance (F.) 121 ; after hearing till return of distress warrant, 
 176. 
 
 Bail, oath may be administered to, as to their sufficiency, N. 3, p. 119. 
 
 Bail, in indictable offences, for accused, before examination completed, on ad- 
 journment, 647 ; in cases where an indictment found, and accused 
 apprehended on warrant, 627 ; form of recognizance (Q. 2), 648 ; notice 
 thereof, 649 ; estreating recognizance on non-appearance, 647 ; form of 
 certificate of non-appearance (Q. 4), 649 ; after examination completed, 
 discretionary for examining justice to do so, and grant certificate of 
 consent in certain cases, 679 ! in misdemeanors not specified, accused 
 entitled to be bailed or have certificate of consent, 681 ; in treason 
 justice cannot take, 681 ; visiting justice may do so on certificate of 
 committing justice, 680; forms; recognizance of bail (S. 1), with con- 
 dition, 683 J notice thereof {S. 2), 684; certificate of consent to hail in- 
 dorsed on commitment (S. 3), 684; the like, on a separate paper (S. 4), 
 684; notice of putting in bail, 683; form, 685; who to be bail, N. 3, 
 p. 679 ; warrant of deliverance on bail taken after committal, 682 ; 
 form of, 684. 
 
 Bail, surrender of accused by his, in indictable offences, and new sureties to be 
 given, 683 ; for sureties for peace, 951. 
 
 Bail, surrender of witness by his, N. 3, p- 676. 
 
 Bailee of property converting same to his own use, O. 161 d, p. 740. 
 
 Baiting a bull, badger, &c., see " Badger." 
 
 Bakers, see " Bread and Flour.' ' 
 
 Ballast for ships, statutes as to, 474. 
 
 Bank of England note, forging, 0. 148, p. 734. 
 
 Banker, embezzlement by, O. 9, p. 706. 
 
 Bankers, 712 ; member of banking company stealing, embezzling, &c. money, 
 &c., O. 51, 52, see " Fraudulent Trustees." 
 
 Banking Companies not registering their name, &c., 235 ; see " Joint Stock 
 Companies.' ' 
 
 Bankrupts (indictable offences), p. 714; not surrendering, not delivering up 
 books, &c.,0. 63; destroying or falsifying books, O. 54; obtaming 
 goocis on credit, O. 55 ; giving false evidence, O. 56. 
 
 Banks of highways, digging or cutting down, O. 53, p. 334. 
 
 Banks of rivers or canals, destroying, O. 234, p. 756. 
 
 Baptisms, see " Registers of Baptism, Sjc' ' 
 
 Barge, stealing from, O. 207, p. 750. 
 
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968 Index. 
 
 Barn, setting fire to, O. 14., 22, pp. 706, 708 ; to vegetable produce in, O. 23, 
 p. 708; tumultuously demolishing by rioters, O. 308, p. 774; remedy 
 against the hundred for, 794. 
 
 Bastards (summary convictions), mother of, neglecting to maintain, 0. 1, p. 526; 
 or deserting same, O. 18, p. 530. 
 
 Bastards (petty sessions) ; application for summons to putative father, 807, 808 ; 
 summons and service, 809 ; summons to witness, 809 ; hearing, 809, 
 810; amount to be ordered, 810; defendant a competent witness, 810; 
 how money to be paid, appointment of guardian, 810, 811 ; how order 
 enforced, 811; appeal against order, 812; annual return of orders, 
 812. 
 
 Bathing publicly, see " Indecency." 
 
 Baths and wash-houses, 236 ; commissioner refusing inspection of books, O. 1, 
 2 ; or taking fees, O. 3 ; or interested in contracts, 0. 4. 
 
 Bawdyhouse, see *' Disorderly House.^' 
 Bear-baiting, see " Badger." 
 
 Beast, confined, not the subject of larceny at common law, stealing, O. 12, p. 
 354; receiving or having it, O. 13, p. 354. 
 
 Beating or wounding deerkeepers, O. 13, p. 710. 
 
 Beerhouses, 236. — Offences within the 11 & 12 Vict. c. 43:— 
 
 I. Offences against the Tenor of Licence, 236, 238; mixing drugs, &c. in 
 beer, &c., 0. 1 ; adulterating beer, &c., O. 2 ; selling adulterated beer, 
 &c., O. 3; using illegal measures, 0.4; permitting drunkenness, 0. 5 ; 
 suffering gaming, O. 6 ; permitting bad characters to assemble in 
 house, O. 7 ; not maintaining good order, O. 8, p. 238 ; keeping open 
 at unauthorized hours during riots, &c., O. 9 ; sureties liable, N. 32, 
 p. 240 ; appeal, N. 30, pp. 237—239. 
 II. Offences as to Hours, 238, 240; keeping open or selling in London, &c. 
 before 5 a.m. or after 12 at night, 0. 10, 11 ; or before 5 a.m. and after 
 11 p.m. in places exceeding 2,500 inhabitants, O. 12; before 5 a.m. or 
 after 10 p.m. elsewhere, 0. 13; at times when alehouses closed, 0. 14; 
 suffering beer. Sec. to be drunk during same periods, O. 15, p. 240; 
 keeping open or selling before half-past 12 or termination of morning 
 divine service on Sundays, &c., O. 20—28, p. 224; sureties liable, 
 N. 32, p. 240. 
 III. OtTier Offences, 240 — 244 ; unlicensed person selling by retail on or off 
 the premises, O. 17, 18 ; not having board over door with name, &c., 
 O. 1 9 ; overseer refusing to grant certificate of rating of house, falsely 
 certifying house to be rated, of person resident, or annual value, &c., 
 O. 20—24, p. 242, and N. 36, p. 241 ; forging certificate or making 
 use of same, O. 25, 26 ; scale of rating for beerhouses, N. 35, p. 241 ; 
 what justices to convict for forging certificate, N. 37, p. 242 ; suffering 
 wine or spirits, &c. to be brought into house to be drunk there, or 
 suffering same to be drunk there, O. 27, 28, p. 242 ; selling by other 
 than standard measure, O. 29 ; refusing to produce licence to justices, 
 O. 30; not admitting constable, O. 31 ; selling beer, &c. made other- 
 wise than from malt or hops, O. 32, p. 244 ; mixing drugs, &c. in beer 
 sold, O. 33; fraudulently diluting or adulterating beer, &c., O. 34; 
 selling during time disqualified, O. 35 ; any person selling on offen- 
 der's premises when not lawful, O. 36 ; harbouring county police, O. 
 15—17, p. 222; refusing to receive soldiers billeted, O. 18, p. 224; 
 refusing to pay compensation for not providing stables, &c. for soldiers, 
 O. 19, p. 224 ; refusing to admit constables, O. 23, 28, p. 224. 
 
 Beerhouses, offences to which the 11 8j 12 Vict. u. 43, does not extend, 546: 
 selling without licence, O. 1 ; unlicensed person selling qff the premises, 
 O. 2 ; the like, on the premises, O. 3 ; selling after conviction for 
 felony, O. 4 ; receiving or keeping wine, &c. in cellar, 0. 5, 6. 
 
 Begging alms, O. 5, p. 528. 
 
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Index. 
 
 969 
 
 Bestiality, O. 318, p. 776. 
 
 Betting at games of chance, in the street or highway, O. 19, p. 530; cheatins 
 at play, O. 167, p. 742. ^ 
 
 Betting houses, 24(4—248 : 
 
 keeping a house, room, &c. for hetting on horse races, O. 1; owner or 
 occupier permitting house to be so used, O. 2, 3 ; or agreeing to pay 
 money on any race, fight, game, &c., O. 4, 5, p. 246 ; advertising 
 hetting houses, or inviting persons to resort thereto, O, 6, 7, p. 248. 
 
 Notes : What betting, Sic. prohibited, N. 39, p. 244 ; who to prosecute for 
 offences, search of suspected houses, N. 40, p. 246 ; appeal binding 
 over witnesses, costs, N. 41, p. 247 i money deposited may be reco- 
 vered baclc by action, N. 42, p. 248 ; warrant to enter, 813. 
 
 Bigamy, O. 57, p. 714. 
 
 Billets of soldiers, offences as to, see "Alehoitses," " Beerhouses," and " Military 
 Law." 
 
 Billiard tables, granting licences for, 787, see " Gaming Houses." 
 
 Binding over party to prosecute and witness in indictable offences, by recogni- 
 zance, 672 ; the like, where offence committed out of the justice's 
 jurisdiction, 665 ; forms, 676, 677 ; witness refusing to enter into 
 recognizance, commitment, 674 ; form, 677. 
 
 Binding over accused in indictable offences during the hearing, 647 ; form of 
 recognizance, 648 ; to answer charge at sessions or assize, 679 ; form 
 of recognizance, 683. 
 
 Bird, confined, not being the subject of larceny at common law ; stealing, 0. 12, 
 p. 354; receiving or having it, O. 13, p. 354. 
 
 Birth of a child, mother concealing, O. 93, p. 722. 
 
 Black game, killing, out of season, O. 25, 26, p. 298. 
 
 Blasphemy, O. 58, p. 716. 
 
 Board of guardians of poor law union to authorize an officer to prosecute for 
 offences, N. 205, p. 442 ; recovery of contribution due to, from over- 
 seers, 798, 799. 
 
 Boats, stealing from, O. 207, p. 750. 
 
 Bodies, dead, see '' Dead Bodies." 
 
 Bond, forging, O. 135, p. 732 ; stealing, O. 181, p. 746. 
 
 Bonfire, making, near a highway, O. 59, p. 336 ; the like, near turnpike road, 
 
 0.74, p. 516. 
 Books, restoring, to a parish library, 813. 
 
 Booth, placing, on highway, O. 68, p. 336 ; the like, on turnpike road, O. 72, 
 p. 516. 
 
 Boroughs, jurisdiction of justices of counties in, 10; jurisdiction of justices of, 
 8, 9 ; sitting of justices of, a petty sessions, 45 ; may provide places 
 for holding petty sessions, 46, 47 ; appointment of clerk to the justices 
 of, 83 ; his fees, 86 ; offending against bye-laws of, 256 ; application 
 of fines in, 188 ; assaulting, &c. constables of, O. 22, 23, p. 270 ; a 
 constable guilty of neglect of duty, O. 20, 21, p. 270 ; appointing spe- 
 cial constables for, annually in October, 787. 
 
 Brass fixed to houses or land, stealing, O. 196, p. 748. 
 
 Breach of the peace, see " Sureties." 
 
 Breach of duty as a peace officer, see the various titles, Constables punishable 
 summarily — (indictable), O. 96, p. 722. 
 
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970 Index. 
 
 Bread and Flour. Offences beyond the Bills of Mortalily, 248 — 252 ; making 
 breadotherthanfromwheat, without being marked, O. 1 ; adulterating 
 bread, O. 2, p. 250 ; adulterating flour, O. 3 ; selling one sort of flour 
 for another, O. 4 ; having ingredients for adulterating, O. 5 ; ob- 
 structing search for, O. 6 ; resisting carrying away ingredients seized, 
 O. 7 ; selling by other than weight, 0. 8 ; using other than avoirdupois 
 weight, O. 9 ; neglecting to fix scales, &c. in shopj O. 10, 11 ; using 
 incorrect scajes, &c., 0. 12; delivering from cart without scales, &c., 
 O. 13, 14, p. 252 ; refusing to weigh, O. 15 ; baking, &c. on Sunday, 
 O. 16 i or after half-past one, p.m., O. 17 — 19 ; opposing execution of 
 act, O. 20 i as to offences by journeymen, O. 21. 
 Notes : what bread, N. 43, p. 248 ; kind of flour, N. 44, p. 248 ; search 
 warrant for adulterated flour, &c., N. 45, p. 248 j appeal clause, N. 47, 
 pp. 248, 249. 
 
 Breaking and entering, see "Housebreaking," and " Burglary." 
 
 Breaking down the dam of a fish or mill pond, O. 236, p. 736. 
 
 Breaking down bridges or banks of rivers, O. 234, 235, p. 756. 
 
 Breaking prison, see "Escape, Prison Breach and Rescue." 
 
 Bribery, O. 59, p. 714. 
 
 Bridges, throwing down stone from, set up by surveyors, O. 54, p. 336 (in- 
 dictable); damaging a public bridge, O. 237, p. 756. 
 
 Broker, embezzling money, &c., O. 9, p. 704. 
 
 Buggery, O. 3-18, p. 776. 
 
 Building, erecting, on highway, O. 40, 41, p. 332 ; the like, on turnpike road, 
 O. 98, 100, p. 522. 
 
 Building within the curtilage, breaking and entering and ste^^ling therein, 
 O. 169, 170, p. 744. 
 
 Building erected so as to be a nuisance, see "Nuisances." 
 
 Building societies, officers or members committing frauds on societies, O. 1, 2, 
 p. 254; justices may determine disputes between members and, 813, 
 814, 815. 
 
 Bull, baiting, see " Badger ;'• stealing, O. 64, p. 716 ; illtreating, see " Cruelty 
 to Animals,^' 
 
 Buoy or buoy ropes, see " Wreck and Salvage." 
 
 Burglary, O. 60, p. 714; and using violence, O. 61, p. 716. 
 
 Burial register, see " Registers of Baptism, Sfc" 
 
 Burials, 254 j member of burial board not permitting a churchwarden to exa- 
 mine books of board, 0. 1 ; burying a body in any church, &c. after 
 burials have been ordered to be discontinued therein, O. 2 ; neglecting 
 or violating regulations of council for protection of public health, 
 O. 3 ; removing body from place of burial without licence, or neg- 
 lecting precautions prescribed in licence for removal, O. 4, 5 ; see 
 '' Cemeteries." 
 
 Burning by servants (summary) 256, see " Arson." 
 
 Burying without certificate of registry, O. 3, p. 470. 
 
 Business at special sessions, 49, 782—803. 
 
 at petty sessions, or by one justice, exclusive of summary convictions 
 and indictable offences, 804 — 960. 
 Bustards, killing, out of season, O. 28, p. 298. 
 Butcher, travelling on a Sunday, O. 3, p. 488. 
 
 Button manufactures, reference to statute relating to, N. 179, p. 382. 
 Buying counterfeit coin, O. 75, p. 718; game unlawfully, see "Game;" the 
 
 arms or clothes of soldiers, O. 19, p. 422 ; or of marines, O. 5, p. 424. 
 Bye-laws of boroughs, offending against, 256. 
 
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Index. 971 
 
 Cabbages, stealing, Q. 27, 28, p. 356 ,- damaging, &c., O. 3, 4, p. 368. 
 Cables, see "Wreck and Salvage." 
 
 Calf, stealing, O. 64, p. 716 j wounding, O. 65, p. 716 ; ill-treating, see "Cruelty 
 to Animals." 
 
 Canal, stealing, &c., see "Boats;" damaging bank, &c., O. 234, p. 756 ; steal- 
 ing from, O. 207, p. 750 j constables on, see " Constables." 
 
 Cannel coal, setting fire to mines of, O. 17, p. 706. 
 
 Caption of depositions of witnesses in indictable offences, 659 ; of prisoner's 
 statement, 664. 
 
 Carnally knowing female children, 716 ; under 10 years of age, O. 62 j above 
 10 and under 12, O. 63. 
 
 Carriage containing gunpowder not having tarpaulin over it, O. 1, p. 312. 
 Cart, not having owner's name on, on highway, O. 24—26, p. 330 ; the like, on 
 
 turnpike road, O. 50, 51, p. 512, and O. 60, p. 514. 
 Case, action on the, against justices, when to lie, 32. 
 Case, special, after notice of appeal, 199 ; form of, 202. 
 
 Case stated by the justices for opinion of a superior court on question of law, 
 206 ; farm of, 212. 
 
 Cattle, stealing or killing with intent to steal, O. 64, p. 716 j maliciously killing, 
 maiming or wounding any cattle, O. 65, p. 716 ; see " Cruelty to Ani- 
 mals,''* and "Horse Slaughtering." 
 
 Cattle, driving them on causeway, O. 47, p. 334. 
 
 Cattle, slaughtering near a turnpike road, O. 70, p. 516. 
 
 Causeway, see "Footway." 
 
 Caution, given to person accused of indictable offence before making any state- 
 ment, 661 ; whole caution to be printed, 662, n. ; form of statement, 
 664. 
 
 Cemeteries, 256 — 258 ; damaging the cemetery, or plants, monuments, &c. 
 therein, O. 1 — 6; committing nuisances in the cemetery, 0. 7 — 9, 
 p. 258 J company omitting to prepare annual accounts, &c., 0. 10 — 12 ; 
 matters to be done in petty sessions as to, 815. 
 Notes: to what the Cemeteries Clauses Act applies, N. 55, p. 256; 
 incorporated provisions as to recovery of penalties, &c., N. 54, p. 256 j 
 appeal clause, N. 55, p. 257. 
 
 Central Criminal Court, offences within its jurisdiction, 676 ; form of order for 
 costs of prosecution at, 698. 
 
 Certificate of non-appearance on recognizance, in summary convictions, where 
 
 hearing adjourned, 119; form, 121; in indictable offences, where 
 
 remand and examination adjourned, 647 ; form, 649. 
 Certificate of dismissal of an information or complaint, 132 ; form, 134. 
 Certificate of clerk of the peace that costs of an appeal are not paid, 203 ; 
 
 form, 204. 
 Certificate of indictment being found, to authorize a warrant being granted, 
 
 627 ; form, 628. 
 Certificate of gaoler of receipt of prisoner, N. 16, pp. 187, 685 ; form, 686; 
 
 of amount or money found upon accused, N. 3, p. 686. 
 Certificate of consent to bail by examining justice, 680 ; forms indorsed on 
 
 commitment or separately, 684. 
 Certificate of justices of viewing highway proposed to be stopped up, 851 ; the 
 
 like, after order and making of new highway, 851. 
 Certificate, examining magistrate's, of expenses incurred previous to committal 
 
 of excused for trial for felony, &c., 688 ; form, 697. 
 Certificate, sporting without, 294, 560. 
 
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972 Index. 
 
 Certificate, by justices, of capital subscribed to a railway or other undertaking, 
 
 868. 
 Certiorari, when it will issue, 39 ; purpose of the writ, 39 ; when to be moved 
 
 for, 40 ; notice and application for the writ, 40 ; recognizance, 41 ; 
 
 showing cause, 41 ; returning conviction or order, 41 ; when issued 
 
 irregularly, 41 ; procedendo, 41. 
 Challenge, provoking to send a, or sending or taking, O. 66, p. 716. 
 Chapel, setting fire to, O. 14, p. 706 ; disturbing congregation in, O. 69, 70, 
 
 pp. 716, 718 ; riotously demolishing, 0. 38, p. 774. 
 
 Character of servant, giving a false one, O. 1 — 5, p. 386 j forging or altering 
 same, O. 6—9, p. 388. 
 
 Charge of an indictable offence, for which a warrant may issue, 604 — 611. 
 
 Charges of conveying defendant to prison to be paid by him in summary con- 
 victions and orders, and included in commilment with penalty, &c., 
 171, 174, 178, 180; or levied by distress, 187; or order on county 
 treasurer, 187. 
 in indictable offences, to be deducted from money found upon accused, 
 686 ; or order on county treasurer, 686 ; form, 687. 
 
 Charges for making distress for rates, &c., 834. 
 
 Chase belonging to the crown, see " Game." 
 
 Cheating at play, see "False Pretences," "Gaming;" or selling by false weights, 
 &c., O. 67, p. 716. 
 
 Child, stealing, receiving or harbouring, O. 68, p. 716 ; concealing birth of, 
 O. 93, p. 722. 
 
 Children in factories, reference to statutes as to, 560. 
 
 Chimney sweepers, 258, compelling or allowing any person under 21 to ascend 
 or descend a chimney, &c., O. 1, 2 j making chimney or flue of wrong 
 construction, O. 3 ; appeal clause, N. 56. 
 
 Chinese witness, how sworn, 66. 
 
 Chloroform, administering, to enable a person to commit a felony, 0. 47, p. 712. 
 
 Christmas -day, not closing alehouses on, O. 8, p. 220 ; O. 20—22, p. 224 ; O. 
 24 — 27, p. 224 ; the like, beerhouses, O. 1 6, p. 240 ; killing game on, 
 O. 21, 22, p. 298. 
 
 Church Building Acts, 816. 
 
 Church (summary convictions), 258 — 260 ; disturbing preacher during divine 
 service, or rescuing offenders, O. 1 — 4; see "Chapel." 
 
 Church rates, 816 ; recovery of a church rate and its incidents, 816, 817 ; mode 
 of procedure, 817, 818. 
 
 Churchwardens, offences by, as to jury lists, 350; see "Overseers." 
 
 Claim of right ousts justice's jurisdiction, 24 ; must not be fictitious, 24. 
 
 Clergyman, arresting, on way to or during divine service, O. 72, p. 718 ; bury- 
 ing body without certificate of registry of death, O. 3, p. 470. 
 
 Clerk to justices, appointment of, 82 ; table of fees of, to be framed, 84 ; the 
 party liable to him for his fees, 86 ; remedy for recovering them, 88. 
 
 Clerk of petty sessions, office of, recognized by many statutes, 82, 83 ; penal- 
 ties, &c. to be paid to him, by constables and gaoler, 52, 190 ; how to 
 be paid or appropriated by him, 190 ; account to be rendered monthly, 
 62, 191 ; see " Clerk to Justices," supra. 
 
 Clerks, larceny by, summarily under Criminal Justice Act, p. 582 ; indictable, 
 
 O. 208, p. 750 i embezzlement by, O. 106, p. 724. 
 Clockmakers, reference to statute relating to, N. 179, p. 382. 
 Club, forcing a workman to belong to, O. 4, p. 262. 
 Coach, stage-coachmen of, furiously driving and injuring person, O. 322, 
 
 p. 778 ; see "Stage Coaches." 
 Coal mine, stealing from, O. 197, p. 748 ; setting fire to, O. 17, p. 706. 
 
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Index. 973 
 
 Coals, selling-, by other than weight, 260; reference to statutes relating to sales 
 within 25 miles of General Post Office, N. 58, p. 261. 
 
 Cock-fighting, keeping a place for, or suffering same to be so used, O. 5, 6, 
 p. 2.10. 
 
 Coast guard service, reference to statute as to, 260, 818. 
 
 Codicil to a will, forging, 0. 134, p. 730 ; stealing or destroying, O. 183, p. 746. 
 
 Coin, tendering, &c. defaced, stamped or bent, 260 ; various indictable offences 
 against the laws relating to. O. 73, p. 718, to O. 88, p. 720. 
 
 Collector, of tolls on highway, offences by, O. 19—23, p. 330; not rendering 
 account, 852. 
 of poors rates, see "Poor," how appointed, 795. 
 of tolls on turnpike road, offences by, O. 1, p. 500, to O. 14, p. 502. 
 
 refusing to quit toll house, not rendering account, 954. 
 under Lighting and Watching Act, not accounting, 872. 
 
 Colliers, see "Manufacturers, Sfc." 
 
 Colonies, offences in the, and offenders flying to this country, secretary of state 
 to indorse warrant of apprehension and offender brought before a jus- 
 tice, 640, offences in this country, and offenders flying to the colonies, 
 how warrant granted and executed, 644. 
 
 Collusive seizure of smuggled goods, making, O. 44, p. 558. 
 
 Colt, stealing, O. 64, p. 716; wounding, O. 65, p. 716. 
 
 Combination, 260 — 262 ; forcing a workman to leave work or return his work 
 unfinished, O. 1, 2; preventing workman from hiring himself, O. 3; 
 forcing workman to belong to a club, O. 4, p. 262 ; forcing a master 
 to alter mode of trade, &c. O. 5; appeal clause, N. 61, p. 262. 
 
 Combinations (Indictable), O. 89, p. 720. 
 
 Commencement of imprisonment for a subsequent offence, 143, 144, and 
 N. 32, p. 144 ; when it runs from, 168. 
 
 Commissioners Clauses Act, various offences under, O. 1 — 6, pp. 262, 263 ; 
 matters in petty sessions, 818. 
 
 Commitments (on summary convictions), should be several against each, 168 ; 
 where the punishment is by imprisonment, 170, form, 172 ; in case of 
 adjournment of hearing, 17S, form, 120; instead of issuing a distress 
 warrant, 175 ; until return made to a warrant of distress, 176; in de- 
 fault of distress, 177, form 179 ; in default of distress for costs where 
 punishment is imprisonment only, 171, form, 173 ; in default of distress 
 upon an order of dismissal, i33, form, 135; in default of distress for 
 costs of an appeal, 20^, form, 205; in the first instance for nonpay- 
 ment of a penalty, 173, form, 174; of a defendant for a subsequent 
 offence and cumulative imprisonment, 143. 
 
 Commitm'ents on summary orders, minute of order to be served, 182, form, 
 182; where imprisonment only adjudged, 1S3, form, 183; where 
 imprisonment in default of payment of a sum, 18i, form, 184 ;■" where 
 the sum is to be levied by distress, 185, form, 185. 
 
 Commitment for penalty, &c. after appeal, 204. 
 
 Commitment, in summary convictions not void for defects, 167. 
 
 Commitments, backing, see "Backing Warrants." 
 
 Commitments (in indictable offences), for offences at sea or abroad, 620, 669 ; 
 upon an indictment found, 627, form, 629; after examination on an 
 ordinary charge, 669, /orm (T. 1), 670; for an offence committed in 
 another county, 665 ; of accused on surrender of his bail, 683. 
 
 Commitment of witnesses for refusing to be examined in summary convictions 
 and orders, 123, form, 125; the like in indictable offences, 6S0,form, 
 652; for refusing to enter into recognizance to give evidence, 674, 
 form, 677 ; on surrender of bail for witness, 676, note. 
 
 Commitment of poor for offences in workhouse, where to be, N. 216, p. 452 ; 
 see "Poor." 
 
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974 Index. 
 
 Commitment in default of distress for parochial rates, 932, for want of sureties 
 to keep the peace, 948. 
 
 Commitment, in other matters, see the various titles. 
 
 Common gaming house, keeping, O. 1 — 4, pp. 302 — 304 ; and see "Gaming 
 Houses" 
 
 Common informer can give evidence in his own case, 140, 58. 
 
 Commons, &c. 264 ; putting scabbed sheep upon, O. 1 ; turning out within 
 six calendar months after having been infected, O. 2, 3 ; justice to 
 direct sheep to be impounded and marked, and owner liable to 
 penalty, O. 4 ; destroying or removing such marks, O. 5, 6 ; owners 
 not marking sheep, O. 7 ; see tit. "Sheep," as to the pox in sheep, 
 lambs, &c., and tit. " Inclosures." 
 
 Companies Clauses Act, matters before justices in respect to, 819, 820. 
 
 Compassing to depose her Majesty of the crown, O. 328, p. 778. 
 
 Competency of certain persons as witnesses, 56 — 62. 
 
 Complaint, to obtain an order for payment of money or otherwise, need not be 
 in writing, 108 ; nor on oath, 97 ; to include only one matter of com- 
 plaint, 109 j may be made by complainant or his counsel or attorney, 
 108, 97. 
 
 Complaint for an indictable offence, 606,^rm, 610. 
 
 Complaint or information, dismissal of, 132 ; order of dismissal, 132 ; farm of 
 order, 134; certificate of dismissal, 134. 
 
 Complainant or informer to have notice of apprehension of defendant, 119 ; if he 
 do not attend, dismissal or hearing adjourned, 132 ; costs recovered 
 from, and committal forthwith, 132; complainant a competent witness 
 in all cases, 140, 60, 61 ; may have attorney, 127. 
 
 Compounding, pp. 720 — 722 ; a felony, O. 90 ; a misdemeanor, 0. 91, p. 722 ; 
 penal actions, O. 93 ; taking a reward for helping to stolen goods, O. 
 305, p. 772 ; the like, stolen dogs, O. 191, p. 748. 
 
 Compromising summary convictions, 137. 
 
 Concealing the birth of a child, O. 93, p. 722. 
 
 goods to avoid a distress for rent, O. 1, p. 282, see "Distress." 
 a will, O. 183, p. 746. 
 
 Coney, trespass in search or pursuit of, O. 1, 2, p. 290; taken in warrens in 
 day-time, O. 19, 20, p. 296 ; the like by night, O. 163, p. 742 ; by 
 night in any land, 0. 45, 46, p. 302 ; the like (3rd conviction), O. 164, 
 p. 742. 
 
 Confederacy and combination unlawful, O. 89, p. 720 ; administering or taking 
 oath to engage in, O. 255 — 257, p. 762. 
 
 Confession procured by promise or threat cannot be given in evidence, 658. 
 
 Confession of offence or matter of complaint at the hearing, 138, 139 ; of no 
 goods to be levied on, commitment, 175, 176. 
 
 Congregation for religious worship, disturbing, O. 69 — 71, pp. 716—718 ; see 
 
 "Church." 
 Consecutive periods of imprisonment upon summary convictions, 143, 144, 
 
 Consent of committing justice to take bail for an indictable offence, 680 ; forms 
 of certificate on commitment or separately, 684. 
 
 Conservatory (summary), stealing or destroying or damaging with intent to 
 steal, any plant, root, fruit or vegetable production, growing in any 
 garden, orchard, nursery groud, hothouse, greenhouse or conservatory, 
 O. 27, 28, p. 356, damaging same, O. 3, 4, p. 368 ; (indictable) steal- 
 ing, &c. O. 195, p. 748 ; damaging, O. 231, p. 756. 
 
 Conspiracies, O. 94, 95, p. 722 ; assault in pursuance of a conspiracy to raise 
 wages, O. 41, p. 710. 
 
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Index. 975 
 
 Constable (summary convictions and orders) ; service of summons on defendant 
 by, 112 ! execution of vfarrants by, 114 ; execution of distress vfarrants, 
 175, 176 i making a return thereto, 177 ; form (N. 4) 135 ; to pay to 
 justice's clerk the sums levied or received by him, 52 ; expenses of 
 conveying defendant to prison, 187 ; order on county treasurer for 
 same, 187. 
 
 Constable (in indictable offences) j service of summons on accused by, 613 ; 
 execution of warrants by, 614, 615 ; expenses of conveying accused to 
 gaol in ordinary cases, 686 ; gaoler's receipt for accused, 685 ; form of 
 order on treasurer far expenses, 687 ; expenses of conveying accused 
 into another county, 666 ; order for payment, 668. 
 
 Constables — offences within the 11 & 12 Vict. c. 43 (summary convictions) : 
 
 I. As to Parochial Constables, 266 ; refusing or neglecting to be sworn 
 
 or find a substitute, O. 1, 2 ; refusing or neglecting to act, O. 3, 
 4 ; disobeying justice's order, O. 5 ; neglecting duty under Vagrant 
 Act, O. 6, 7 ; disturbing or hindering a constable in the execution 
 of Vagrant Act, O. 8. As to assaults on, see " Assault," O. 1, p. 
 232. 
 
 II. As to CoUnty Constables, 266, 268 ; neglecting duty, O. 9 ; resigning or 
 
 withdrawing from duty without leave, 0. 10, p. 268 j person having 
 constable's clothing, &c., without giving good account, O. 11 j per- 
 sonating constable, O. 12, 13 ; fraudulently claiming exemption from 
 toll, 0. 14 J persons refusing to give up possession of watchhouse, &c., 
 O. 16 — 18 ; not delivering up clothing, &c. on dismissal, O. IS ; per- 
 sons refusing inspection of county rate, O. 19 ; assaulting or resisting 
 them, O. 29, 30, p. 272; publicans harbouring them, O. 15—17, p. 
 222. 
 
 III. As to Borough Constables, 270; neglecting duty or disobeying orders, 
 O. 20, 21 ; assaulting or resisting them, O. 22 ; aiding or inciting 
 another to do so, O. 23. 
 
 IV. As to Special Constables, 270, 272 ; refusing to take oath, 0. 24 ; re- 
 fiising, &c. to appear when summoned, O. 25 ; not delivering up 
 clothing, &c. O. 26 ; neglecting or refusing to serve, O. 27, 28 ; as- 
 saulting or resisting them, O. 29, p. 272 ; promoting or encouraging 
 another to do so, O. 30, p. 272. 
 
 V. As to Constables on Rivers, Canals, Sfc., 272 ; neglecting duty, O. 31 ; not 
 
 delivering up clothes, &c. 0. 32 i assaulting or resisting them, 0.33; 
 aiding or inciting another to do so, O. 34, 
 
 VI. As to Constables under Watching Act, 272 ; assaulting or resisting them, 
 O. 35 ; promoting or encouraging another to do so, O. 36 ; refusing to 
 give up watchhouses, &c. to chief constable of constabulary force, O. 
 16 — 18, p. 268. See further tit. "Lighting and Watching Act." 
 
 VII. Constables in the Metropolis, p. 274. 
 
 Constables, offences not within the 11 & 12 Vict u. 43, pp. 546 — 548. 
 
 neglecting to execute process under Post Office Act, O. 1 ; the like, 
 Hawkers and Pedlers Act, O. 2, 3. 
 Constables (indictable), neglect or breach of duty, O. 96, p. 722 ; refusing to 
 
 aH and assist a constable when called upon, O. 97, p. 722. 
 
 Constables (special and petty sessions matters). 
 
 (Borough), special ones appointed yearly in October, 787. 
 
 {High), appointed at special sessions for hearing appeals against 
 rates, 787, 788. . 
 
 (Parochial), how appointed, and when, 788 ; qualification, 788 ; ex- 
 emptions, 788 ; disqualifications, 789 ; precepts to overseers, 789 ; 
 overseers' duty, 789 ; choosing, &c., 789 ; paid constables, 789 ; 
 oath of constable, 790 ; dismissal of, for misconduct, 822 ; order for 
 fees to constables and justices' clerk, 822 ; enforcing orders, 822. 
 
 {County), sworn in before justices, 832. 
 
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976 Index. 
 
 Constables — continued. 
 
 {Special), appointed by two justices in cases of riot, tumult or felony, 
 821 ; oath of office, 821 ; appointment to be notified to secretary of 
 state and lord lieutenant, 821 j rules to be made for their guidance, 
 790 ; services may be determined, 790 ; order may be made 
 on treasurer of county for fees and expenses incurred by them, 
 790. 
 ( Under Lighting and IVatching Act), 870. 
 
 \0n navigable rivers and cowoZs), appointed by two justices on appli- 
 cation of company, 823. 
 (7» general), certificate of costs incurred for the parish, 820 j farm, 
 820. 
 Contraband goods, see "Smuggling." 
 
 Contracts, sharing in, by officers of union, O. 15, 19, p. 446 ; surveyors of high- 
 ways, O. 8, p. 328 i commissioners under Baths and Washhouses Act, 
 O. 4, p. 236. 
 Contributions to guardians of unions, recovery of, from overseers, 798, 799 1 to 
 
 tithe rent-charge, 952. 
 Conveying animals improperly, so as to cause them pain, O. 10, p. 278. 
 Conveying a defendant or accused to gaol, see "Constable." 
 Conviction for an indictable offence, how proved on preliminary examination, 
 
 656. 
 Conviction on an information, when to take place, 129 ; forms of it, 162—154; 
 when these forms to be used, 147 ; objections may still be made to 
 them, 138; requisites of, 149, 150; defendant entitled to copy, 151 ; 
 how enforced, see ^'Enforcing Convictions and Orders ;" to be drawn 
 up and filed with clerk of peace, 147; distinction between a conviction 
 and an order, 89, N. 1. See "Appeal." 
 
 Coppice, setting fire to, O. 19, p. 706. 
 
 Copy of depositions for accused on an indictable charge, 672 ; not entitled to 
 them in summary convictions, 152 ; but is to a copy of the conviction, 
 151 ; but not on a charge of sureties to keep the peace, 949 ; or when 
 an indictable charge dismissed or remanded, 648. 
 
 Copy of the minute of an order to be served on defendant before enforcing, 133, 
 148, \82; form, 182. 
 
 Copyright of designs, 274 ; applying design without consent of registered pro- 
 prietor, O. 1 ; selling such articles after notice, O. 2; selling, &c. 
 articles as registered, when not so, O. 3, 4, 5, 6. 
 
 Cordage manufacturers, reference to statute as to, N. 179, p. 382. 
 
 Corn, stacks or crops of, setting fire to, O. 18, 19, p. 706. 
 
 Corn, assault to prevent the sale or conveyance of, 0. 5, 6, p. 234. 
 
 Corn returns ; declaration to be made before a justice, 823 ; dealers in corn not 
 
 making same, 0. 1, 2, p. 274. 
 Corporations, officers of, not delivering up books, monies, &c., 823 ; persons 
 
 offending against bye-laws of, 256. 
 
 Corrosive fluids, throwing upon person with intent to do bodily harm, O. 31, p. 
 710. 
 
 Costs of conveyance of defendant or accused to prison, 187, 685, 686. 
 
 Costs upon an information or complaint, 148 ; upon dismissal, 132 ; remedy for, 
 where the offence or matter is punishable by imprisonment only, 171 ; 
 defendant may be committed forthwith for them, 171 ; where punish- 
 able with a penalty and imprisonment in default, 173 ; where penalty 
 recovered by distress, 175. 
 
 Costs of distress, 178 ; of levying a distress for rates, &c., 834. 
 
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Index. 977 
 
 Costs of an appeal against a conviction or order, where appeal not prosecuted, 
 
 200 ; certificate of clerk of peace that the costs are not paid, 203 ; 
 
 warrant of distress, 204 ; commitment for want of distress, 204'. 
 Costs of prosecutor and witnesses in indictable offences, 687—697 i vide the 
 
 7th Column of Chap. II. of Part II., pp. 705—781. 
 Costs in obtaining bastardy orders, 810; in recovering parochial rates, 932; 
 
 none in complaints for sureties to keep the peace, 949. 
 Counselling the commission of summary offences, 102, 218. 
 Counterfeiting coin, see '' Coin ;" pawn ticket, O. 25—27, p. 436 ; as to weights 
 
 and measures, O. 14, p. 542. 
 
 Countinghouse, breaking into, O. 171, p. 744. 
 
 Counties, jurisdiction of justices of, see " Justices." 
 
 County, detached partof, justices' jurisdiction in, 11, 12 ; division of, for special 
 or petty sessions business, 45. 
 
 County court, justice not to be sued in, if he object to it, 37. 
 County courts, 276 ; eissaulting bailiff or other officer of court when on duty, 
 O. 1 ; making rescue of goods levied, O. 2. 
 
 County police : offences by or in respect to, O. 9, p. 266, to O. 19, p. 268. 
 
 (Petty sessions matters) : I. Abstract of the Police Acts, 823 ; establish- 
 ment of the constabulary, 823, 824 ; consolidation with boroughs, 824 ; 
 appointment, duties. Sic. of chief constable and deputy, 824 ; appoint- 
 I ment, &c. of superintendents, 824 ; appointment, &c. of petty con- 
 
 stables, 824; appointment of local and private constables, 824, 825; 
 jurisdiction of the police, 825 ; superseding constables ur.der local or 
 other acts, 825, 826 ; privileges and liabilities, Stc. of constables, 826 ; 
 pay, fees, and allowances to constables, 826 ; police rate, 827 ; su- 
 perannuation fund and allowances, 827 ; inspection offeree and repay- 
 ment from treasury, 827; station-houses, 828 ; secretary of state's rules 
 for the government, &c. of the force, 828 — 830 ; annual statement 
 of crime, 831 ; execution of warrants of commitment, 831. 
 II. Matters for Justices out of Sessions, 832. 
 
 County rate, refusing inspection of, O. 19, p. 268 ; recovery of, in unions, 832; 
 from parishes not in unions, 832 ; where high constable in office, 833 ; 
 from borough treasurers, 833. 
 
 Coursing hares, N. 100, p. 294 ; deer, O. 1, p. 350. 
 
 Court for hearing summary convictions and orders a public court, 126, 127 ; for 
 hearing indictable offences not, 653. 
 
 Court of Queen's Bench, application to, to require justice to do an act, 38. 
 
 Cow, see " Cruelty to Animals," '' Poundbreach." 
 
 Cricket, playing on or near turnpike road, O. 77, p. 516; on highway, O. 57, 
 p. 336. 
 
 Crime, accusing of, see ■' Accusing of Crime." 
 
 Criminal information against justices, when granted, 43, 44; when moved 
 for, 44. 
 
 Criminal Justice Act, offences within the operation of the act, 581, 582, where 
 hearing of charge must take place — general provisions of the 18 Si 19 
 Vict. c. 126, effect of conviction, &c. &c., 582—587; procedure and 
 forms for offences of simple larceny, value not exceeding is., attempt to 
 steal from person, and attempt to commit simple larceny, 587—591 ; 
 procedure and forms for offences, simple larceny, value exceeding 5s. ; 
 stealing from the person, and larceny as a clerk or servant, 591 -593. 
 
 Criminal charges arising out of civil proceedings, 610. 
 
 Crops of corn, &.C., setting fire to, O. 19, p. 706. 
 
 Crowbar, having, with intent to break into a house, O. 20, p. 532 ; the like, in- 
 dictable, O. 173, p. 744. 
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978 Index. 
 
 Crown, penalties payable to, to be paid to county treasurer, instead of to clerk 
 of peace as formerly, 188. 
 
 Cruelty to apprentices, see " Apprentices ;" to servant, see "Master and Servant;" 
 to persons of tender years, O. 98, p. 722. 
 
 Cruelty to animals, 276—278 ; cruelly beating, ill-treating, over driving, abusing 
 or torturing any animal, or causing same, O. 1, 2 ; using dog for 
 draught, O. 3 J interpretation of "animal" and "overdrive," N. 76, 
 p. 276; doing damage to animal, person or property, O. i; keeping 
 place for fighting bull, badger, or for cock fighting, 0. 5 — 7, p. 278; 
 not feeding cattle impounded, O. 8 ; owner of animal not paying cost 
 of food, O. 9 ; improperly conveying animals, 0. 10 ; obstructing con- 
 stable or keeper of a pound, 0. 11 ; proprietor of stage carriage, &c., 
 failing to produce his driver, O. 12; apprehension of offenders and 
 detention of vehicles, &c., N. 78, p. 277 ; see further, " Horse Slaughter- 
 ing." 
 
 Cultivated roots or plants, stealing, O. 29, 30, p. 358 ; damaging, &c. O. 5, 6, 
 p. 368. 
 
 Cursing, see " Swearing." 
 
 Curtilage, building within the, see "Burglary ;" "Housebreaking." 
 
 Customs : 
 
 I. Offences by Masters of Vessels, 548—552, O. 1—24. 
 II. Offences by Importers and Agents, 552 — 554, 0. 25 — 28. 
 
 III. Offences by Warehouse Keepers, Sfc, 554, O. 29 — 31. 
 
 IV. Offences as to Smuggling, 554 — 558, O. 32—46 ; averment and proofs, 
 
 N.13, p. 554; detention of offenders, escape, &c., N. 14, p. 556; sum- 
 mary remedy before a justice where small quantity smuggled, N. 14a, 
 p. 556 i condemnation of forfeited goods, N. 15, p. 558. 
 V. Other Offences, 558, O. 47—52. 
 Where conviction may be, who to adjudicate, defendant not a competent 
 witness, N. 9, p. 548; penalties several, costs, fees, married women, 
 N. 10, p. 549 ; commuting sentence or extending same in certain cases, 
 second offence, N. 1 1, p. 549 ; how value of forfeited goods ascertained, 
 N. 12, p. 550. 
 Justices to enforce orders made by commissioners in disputes between 
 merchants and others, 833. 
 Cutlers, reference to statutes as to, N. 179, p. 382. 
 Cutting or wounding with intent to murder, O. 44, p. 712. 
 
 to do bodily harm, to disable or disfigure, to prevent ap- 
 prehension, &c., O. 29, p. 708. 
 
 Dam of a fish or mill pond, damaging, O. 236, p. 756. 
 
 Damaging bridges, &c., see "Highways;" "Turnpike Roads;" fences, stiles, 
 trees, plants, &c., see "Larceny ;" "Malicious Injuries;" animals, see 
 '* Cruelty to Animals." 
 
 Date of taking information, 100 ; of offence, not material in information, 98. 
 
 Day time, what, under Game Act, N. 94, p. 291. 
 
 Dead bodies, 280 ; not giving notice to overseers, &c., on finding on shore, 0. 1 j 
 overseer neglecting to remove, 0. 2, 3; not interring, O. 4; disin- 
 terring (indictable), O. 99, p. 722 ; see " Burials ;" " Cemeteries." 
 
 Deaf and dumb persons competent to give evidence, 61. 
 
 Dealers in game, offences by, 0. 35—42, p. 320 ; licence to, 790. 
 
 Death of informer before hearing, proceeding at an end, 128. 
 
 Death' of witness before trial, his examination may be read, 655. 
 
 Death, see "Registers of Baptisms, Sjc." 
 
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Index. 979 
 
 Declaration instead of oath, in what cases to be taken, 905, 906, 907 ; form, 908. 
 
 Declaration, dying, how to be taken, &c., 609. 
 
 Decoying away a child, or harbouring it, O. 68, p. 716. 
 
 Deeds relating to real property, forging, O. 135, p. 732; stealing, &c., 0. 182, 
 p. 7416. 
 
 Deer, coursing, taking, killing, &c., O. 1—4, p. 350 ; having had a skin in 
 possession, O. 5—7, p. 352; setting engines, &c. for, O. 8 (indictable), 
 stealing, O. 185, 186, p. 748; assaulting and resisting deerkeepers in 
 seizing guns, &c., O. 33, p. 710. 
 
 Defects (on summary convictions and orders) in informations or complaints, 98, 
 137, 138; in summons or warrants, 114, 118, 138 r not aided in con- 
 victions or orders, 138, 149; or commitments, 165—167. 
 
 Defects (on indictable offences) in information and complaint, 606 ; in sum- 
 monses or warrants, 613, 614. 
 
 Defence, in summary convictions and orders, may be by counsel or attorney, 
 127; of accused in indictable offences, 655, 661, 662. 
 
 Defendants, several, may be joined in an information, 101, 102; when defend- 
 ant proceeded against by a description of his person, 100, 114. 
 
 Delaying letters, see "Post Office." 
 
 Deliverance, warrant of, where accused bailed after committal, 682 ; form, 684 ; 
 liberate on payment of penalty, &c. in summary convictions and 
 orders, 169. 
 
 Demand of penalty, not necessary before enforcing payment, 169 ; nor of sum 
 ordered for bastard child, 811. 
 
 Demanding money with menaces with intent to steal same, O. 203, p. 750 ; 
 sending letter to the like effect, O. 212, p. 752. 
 
 Demolishing houses, &c., see " Riots." 
 
 Deposition of constable to service of summons on defendant in summary pro- 
 ceedings, 113 ; or on accused in indictable offences, 613 ; on witness, 
 123, 650. 
 
 Depositions of witnesses in indictable offences, mode of taking, 655 ; form (M), 
 659; of deceased witnesses may be read, 655; accused entitled to 
 copies, on committal, 672 ; but not on remand or discharge, 647, 648. 
 
 Description, particular, of justices necessary in certain cases, 6. 
 
 Deserter, fraudulently confessing to be a (indictable), 0. 108, p. 726; summary, 
 O. 6, p. 420; mode of proceeding on deserter from army or navy 
 being brought before a justice, 893, 895. 
 
 Desertion of bastard child by mother, O. 18, p. 530. 
 
 Desertion of wife by husband, order protecting wife's earnings, 834. 
 
 Destroying bridges, &c., see "Highways ;" " Turnpike Roads;" game by night, 
 see " Game ;" fences, &c. boats and ships, see " Malicious Injuries." 
 
 Detached parts of counties, jurisdiction of justices in, 11, 12. 
 
 Detention of defendant until return of distress warrant, 176. 
 
 Detention of accused where indictment found against him and he is already in 
 custody, 627 ; form of warrant (I), 629. 
 
 Diluting exciseable liquors, see " Alehouses," " Beerhouses." 
 
 Direction posts, damaging them, see " Highways," " Turnpike Roads." 
 
 Director of public company committing frauds, see " Fraudulent Trustees." 
 
 Discharge of apprentice for offences by himself or master, 227, 229 ; the like 
 of servants in husbarfdry, Szc, 389, 391, 393. 
 
 Discharge of defendant on payment of penalty, Sic, 169 ; on recognizances 
 where case adjourned, 118, 130; of person charged with an indictable 
 offence, 668 ; the like, on bail taken after committal, 682, 683. See 
 " Deliverance." 
 
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980 Index. 
 
 Discretionary power to justices to admit to bail in felonies, 679; no action to 
 be brought against justices for exercising a discretion given them, 34. 
 
 Disease, contagious and epidemic, see " Nuisances." 
 
 Disguised by night with intent to commit a felony, O. 174, p. 744. 
 
 Dismissal of information or complaint, 132; recovery of costs from complainant, 
 132 ; order of dismissal, 132 ; form of it, 134 ; certificate of dismissal, 
 132; form, 134; distress warrant, 133; commitment in default, 133; 
 complainant may be committed forthwith, 133. 
 
 Disobeying justice's orders, O. 5, p. 266, O. 2, 3, pp. 442, 444; poor law com- 
 missioners' orders, O. 4, p. 444; (indictable), O. 101, p. 724. 
 
 Disobedience of the direction or prohibition of a statute where no penalty 
 annexed, O. 102, p. 724. 
 
 Disorderly conduct in alehouse or beerhouses, see those titles. 
 
 Disorderly conduct in workhouse, O. 43, 44, p. 452. 
 
 Disorderly house, keeping, &o., O. 103, p. 724. 
 
 Dissenters (summary conviction), pp. 280, 282; permitting meeting in a place 
 not certified, O. 1 ; preaching without the consent of occupier, O. 2, 
 p. 282 ; preaching before required oaths taken, O. 3 ; preaching in 
 registered building with §oor bolted, &c., O. 4. 
 
 Dissenters' chapels, disturbing a congregation in, O. 69, p. 716 ; burning, 0. 14; 
 p. 706 ; demolishing, O. 308, p. 774. 
 
 Dissenters to take oath. Sic. before a justice, 833. 
 
 Distress warrant upon a conviction, 175, form, 178; where distress would be 
 ruinous, or on confession of no goods, commitment, 175, 176; distress 
 warrant upon an order, 185, form, 185; how backed, 175, form, 135; 
 constable's return, /or»B, (N. 4), 135; detention until return of, 176; 
 after appeal for the costs, 204; for costs upon complainant's goods on 
 dismissal of charge, 132, form, 134. 
 
 Distress warrant for poor rate, no action against- justice for, 34; how issued, 
 &c., 933, 934. 
 
 Distress, rescue of, under County Courts Act, Highway or Turnpike Roads, see 
 those titles. 
 
 Distress, 282, 284; tenants fraudulently or clandestinely removing goods to 
 prevent, O. 1 ; persons aiding and assisting, O. 2 ; taking illegal 
 charges for making, O. 3, 4, 5, p. 284; qucere, borough justices have 
 now jurisdiction for these offences, N, 84, p. 282. 
 scale of charges for distresses for rent, poor rates, &c., 834. 
 
 Ditches, see "Highways," "Nuisances," " Turnpike Roads." 
 
 Divisions of counties, how made for petty and special sessions business, 45. 
 
 Divorce ; order for protection of earnings and property acquired by wife de- 
 serted by her husband, 834, 835 ; forms : application for order, 836 ; 
 order qf protection, 836 ; order discharging last order, 837. 
 
 Dock, stealing from, O. 207, p. 750. 
 
 Dog, ill-treating, O. 1, p. 270; using to draw any cart, &c., O. 3, p. 270. 
 
 Dogs (summary), 284. 
 
 stealing, O. 1 ; knowingly having stolen dog or its skin in possession, 
 O. 2, 3; the like (indictable), O. 189, 190, p. 748; corruptly taking 
 rewards as to stolen dogs, O. 191, p. 748. 
 
 Dove or pigeon, stealing, O. 14, p. 354; receiving same, O. 32, p. 358. 
 
 Drainage, occupier not maintaining banks for, 837, 838. 
 
 Draught, using dog in, O. 3, p. 270. 
 
 Dredging upon the oyster bed of another, 0. 187, p. 748. 
 
 Drivers on highways and turnpike roads, offences by, see those titles. 
 
 Drovers, travelling on Sunday, O. 3, p. 488. 
 
 Drown, attempting to, O. 45, p. 712 ; O. 325, p. 778. 
 
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Index. 981 
 
 Drugs, see "^6<,r«o«," "Alehouses:" administering to a person to enable 
 
 ottender to commit any felony, O. 47, p. 712? 
 Drunkenness, any person being drunk, 284 ; a' week must be given for payment 
 
 ot nne and costs ; observations on recovery of costs, N. 88, p. 285 • 
 
 vTrTN-Xp 28^'"°"'^ °'^'""'' '" ^"''"" "^'"'"'^ ^°' good beha-' 
 
 Drunkenness in workhouse, O. 43, p. 452. 
 
 Duck, wild, taking, destroying, or having the eggs of, O. 16, 17, p. 296. 
 
 Dumb and deaf persons may be witnesses, 61. 
 
 Duplicates of pawnbrokers, forging, O. 25, p. 436 ; loss of, how remedied, 914. 
 
 Duties of justices out of sessions, generally, 1—5 ; of clerks to justices or of 
 petty sessions, 84. 
 
 Duty, neglect of, by peace officer, O. 96, p. 722. See " Constables." 
 Dwelling-house, setting fire to, O. 13, 14, p. 706; breaking, and entering and 
 
 stealing, O. 169, p. 744 ; stealing in, to value of £5, O. 205, p. V50. 
 Dying declaration, mode of taking, 609, 610. 
 
 E. 
 
 Eggs of game or wild fowl, taking, &c., O. 16, 17, p. 296 ; having possession 
 of, unlawfully, O. 18, p. 296. 
 
 Election of guardians of poor, malpractices at, O. 53, p. 454. 
 
 Elections, personation of voters, or giving false answers at parliamentary, O. 
 104, 105, p. 724. 
 
 Embezzlement by workmen, see "Manufactures, S;c. ;" by agents, bankers, &c., 
 O. 9, 10, p. 706 i by clerks or servants, O. 106, p. 724. 
 
 Encroachments, making, on highway, O. 40, 41, p. 332 ; the like, turnpike 
 roads, O. 98, p. 522. 
 
 Enforcing summary convictions and orders, 165 : 
 
 Time within which fines are enforceable, 165; mandamus for enforcing 
 discretionary, 166 ; jurisdiction of justices of adjoining or detached 
 parts of counties, 166 ; one justice may enforce, 166 ; consecutive 
 periods of imprisonment, 142, 143 ; of the form of the commitment, 
 166, 167 ; time from which imprisonment runs, 168 ; provisions as 
 to defects, commitment not being void for, 167; when commitment 
 can be executed, 168 ; where several offenders separate commitment 
 is recommended, 168 ; discharge of defendant on payment, 169 ; no 
 power to take penalties by instalments, 169 ; no demand of penalty 
 necessary before enforcing, 169. 
 
 1. Enforcing Convictions on Informations, 170 ; where imprisonment only 
 
 is adjudged, 170; forms: commitment (P. 1), 172 ; warrant of distress 
 for the costs (P. 3), 172 ; commitment for want of distress (P. 5), 173. 
 
 Where imprisonment in default of payment of a penalty in the first 
 instance, 173; form, commitment (O. 1), 174. 
 
 Where the penalty is to be levied by distress and imprisonment in default, 
 175 ; where distress would be ruinous, or no goods, committal, 175, 
 176 ; power to sell doubted, 176 ; commitment or security until return 
 of distress warrant, 176; defendant not to suffer both ways on one 
 conviction, 177 ; efl^ects of partners defendants, 177 ; defendant may 
 replevy, 177 ; in default of sufficient distress, committal, 177 ; forms : 
 distress warrant (N. 1), 178; form, commitment for want of distress 
 (N. 5), 179. 
 
 Whore no remedy given in default of distress, 179, 180 ; and where the 
 statute gives no remedy for enforcing payment the same must be by 
 distress, 180. 
 
 2. Detention of Juveniles in Reformatories, 157 — 165. 
 
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982 Index. 
 
 Enforcing summary convictions and orders — coniinued. 
 
 3. Enforcing Orders on Complaints, 181 ; any one justice may enforce, 181 ; 
 
 minute of order to be served before referring, 182 ; form, 182. 
 Where imprisonment only is adjudged, 183 j forms : commitment (P. 2), 
 
 183 ; warrant of distress for the costs (P. 4), 183; commitment for want 
 of distress {V. 5), 184. 
 
 Where imprisonment in defaultof payment of a sum in the first instance, 
 
 184 ; form, commitment (O. 2), 184, 185. 
 
 Where the sum is to be levied by distress and imprisonment in default, 
 
 185 ; form, distress warrant (N. 2), 185, 186. 
 
 Where no remedy given in default of distress, or no remedy for enforcing 
 payment, 186. 
 
 4. Enforcing Costs on Dismissal of Information or Complaint, 132, 186 j by 
 
 distress and imprisonment, 132 ; forms, 134, 135. 
 
 5. Enforcing Costs of Conveyance to Gaol, 186, 187 ; by distress on offender's 
 , goods, 117; if no goods, order on county treasurer, 187; in some 
 
 cases included in commitments with the penalty, &c., 187 ; gaoler's 
 receipt for defendant, N. 16, p. 187. 
 
 Enforcing costs upon an appeal against a summary conviction or order, 203, 
 
 204 : forms, 204, 205. 
 Engines for talking game, see " Game ;" having, &c., for taking deer, O. 6, 8, 
 
 p. 352. 
 
 Enlisting and swearing in recruits, 893 ; apprentices enlisting, 894. See 
 '* Military Law." 
 
 Enticing away a child, 0. 68, p. 716. 
 
 Entry (forcible), and detainer, 0. 110, 111, p. 726 ; not assisting justices, 0. 112, 
 p. 726. 
 
 Escape, prison-breach and rescue, 726 — 728 ; returning from transportation, 
 O. 113 ; rescuing a convict from overseer, gaoler, &c., 0.114 ; rescuing 
 a murderer or his body, O. 115 ; officer permitting escape, O. 116 ; 
 breaking prison, O. 117, 118, p. 728 j conveying mask, &c., into a 
 prison to aid an escape, O. 119; rescuing a prisoner from custody, 
 O. 120, 121 ; aiding a prisoner in custody for treason or felony to make 
 his escape, O. 122; the like in custody for petty larceny, or for debt 
 of sglOO, 0. 123 ; rescuing goods in the custody of the law, or breaking 
 open a pound, O. 124 ; aiding prisoners of war to escape, O. 125. 
 
 Escape of vagrants, 0. 26, p. 536. 
 
 Estate, real, deeds relating to, stealing, O. 182, p. 746 ; forging, O. 135, p. 732. 
 
 Estreating recognizances in summary convictions and orders, 119, and N. 9, 
 p. 120; on remand in indictable offences, 647 ; for keeping the peace, 
 or for good behaviour, 950, 951. 
 
 Evading the payment of tolls on turnpike roads ; offences as to tolls, O. 20, 
 p. 504 to O. 44, p. 510. 
 
 Evidence before magistrates, pp. 55 — 82 ; preliminary observations, 55, 56. 
 
 1. The Competency and Examination of Witnesses, 5Q ; wlio are competent 
 
 and incompetent, 56 ; effect of evidence acts, 14 & 15 Vict. c. 99, 
 16 & 17 Vict. c. 83, on magisterial proceedings, 56 — 61 ; infants, deaf 
 and dumb persons, 61 ; idiots, 61 ; defect of religious principle, 61 ; 
 infidels, 61; co-defendants, 62 ; oaths to witnesses — power to admi- 
 nister, 62 ; mode of administering, 63 ; Jews, 64 ; Scotch witness, 64 ; 
 Scotch Covenanter, 64 ; Mahomedans, 64 ; Roman Catholics, 65 ; 
 Peers, 64 ; Quakers or Moravians, 65 ; Separatists, 65 ; Gentoo, 66 ; 
 Chinese, 66 ; foreigners and others, 66 ; interpreter's oath, 66 ; mode 
 of examination — examination in chief, 66, 67 ; cross-examination, 67 ; 
 impeaching the character of a witness, 67 ; re- examination, 67 ; pro- 
 ceeding for perjury before justices, 68. 
 
 2. General Rules as to Oral and other Evidence, 69 — 72. 
 
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Index. 983 
 
 Evidence before magistrates— eoKfanuerf. 
 3. Documentary Evidence, 73 — 81. 
 
 (1.) As to private Documents: notice to produce, when necessary, 73 ; 
 stamps, 74 ; proof of handwriting, 74 ; proof by attesting witness, 74, 
 75 J writings that refresh the memory, 75 ; matters required to be 
 proved by writing only, 75 ; extrinsic evidence to explain, 76. 
 (2.) Public Documents : public judicial writings, 76— 78 ; public non- 
 judicial writings, 78—80. 
 (3.) Foreign and Colonial Laws, Sfc, 80 — 82. 
 
 mode of taking evidence in summary convictions and orders, N. 24, 
 p. 139 i evidence of a previous summary conviction, 77, 142 ; in in- 
 dictable offences on a preliminary examination, 77 ; mode of taking 
 evidence on preliminary examination in indictable offences, 655 
 taking evidence for an accused, 662. 
 Ewe, see " Cattle ;'' " Cruelty to Animals." 
 Examination, preliminary, in indictable ;)ffences, 653 — 673: 
 
 1. The Court : not an open court, 653 ; withdrawal of charge when before 
 
 justices, 654. 
 
 2. Taking the Depositions in ordinary Cases : no objection to information, 
 
 summons or warrant, 654 ; in cases where indictment found, 654 ; 
 mode of examination in all cases of indictable offences, 655 ; deposition 
 to be read if witness dead, 655 ; order of examination of witnesses, 
 656 ; evidence, 656 ; previous conviction, 656 ; documentary evidence, 
 657; remanding for further evidence, &c., 657 ; where several charges 
 against accused, 657 ; observations by accused, 657 ; confessions of 
 accused under inducement or threat, 658 ; order of procedure on in- 
 quiry, 659 ; form of depositions of witnesses (M.), 659, 660. 
 
 3. Adjourned Examination, 660 ; form of depositions on the remand day, 660. 
 
 4. Defence of Accused, and examining his Witnesses : if evidence insufficient, 
 
 accused to be discharged, 661 ; depositions to be read, and accused to 
 be cautioned, 661 ; statement to be read as evidence on trial, 661 ; 
 attorney for accused addressing the bencli, 662 ; receiving evidence 
 for a prisoner, 662, 663 ; form tf statement of accused (N.), 664. 
 
 5. Examination for an Offence in another Jurisdiction : where accused is 
 
 arrested under a backed warrant, 664 ; examination where the offence 
 was committed in another county, &c., 665 — 667 ; form of warranPto 
 convey accused where offence committed [K. 1), 667; order for payment 
 of the constable's expenses (R. 2), 668. 
 
 6. Committal or Discharge of Accused : commitment on an indictment, 668 ; 
 
 in ordinary cases, if evidence insufficient, accused to be discharged, 
 668 ; or if sufficient, to be committed for trial, 669 ; detainer of accused 
 on second charge, 670; commitment for trial (T. 1), 670; detainer, 
 670. 
 
 7. Ordering Prosecution in certain Cases : for assaults, &c. on poor person, 
 
 and apprentices and persons under sixteen, 671 ; for perjury before 
 justices, 68. 
 
 8. Returning Depositions, furnishing Copies, and restoration of Prisoner's Pro- 
 
 perty : depositions, &c. to be returned to the court in which the trial 
 is to be had, 671, 672; accused entitled to copies of the depositions 
 after case completed, 672 ; but not on remand nor when charge dis- 
 missed, N. 38, p. 672; restoration of prisoner's property, when, 672. 
 
 9. As to Binding over Prosecutor, S^c, 673. 
 10. As to Bailing Accused, 679. 
 
 Exceptions, exemptions, proviso or conditions in a statute must be negatived 
 in the information or complaint, 106; but proof of the affirmative is 
 on the defendant, 138. 
 
 Excise, statutes relating to, not within 11 & 12 Vict. c. 43, pp. 90, 91, 560, 
 561. 
 
 Excise officers, assaults on, O. 38, p. 710. 
 
 shooting at them by smugglers, O. 314, p. 776. 
 
 Exemption, fraudulently claiming, from turnpike tolls, 0. 35, 37, p. 508. 
 
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984 Index. 
 
 Exemptions, see *' Exceptions." 
 
 Exemptions from toll on turnpike roads, list of, N. 269, p. 506. 
 
 Ex parte hearing of information or complaint, 131, 132. 
 
 Expenses of conveyance to gaol, see " Constables;" " Costs." 
 
 Expenses of prosecutions for indictable oifences, 687, 688 ; rules and regula- 
 tions of secretary of state as to, 689— 697. 
 
 Explanation of columns of Chap. 2 of Part I. 216 ; abbreviations used, 217. 
 
 3 „ 544; „ 545. 
 
 „ „ „ 2 of Part II. 699— 703; „ 703. 
 
 Explosive substances, sending, with intent, and thereby doing injury to a 
 building or person, O. 24, p. 708 ; O. 46, p. 712 ; 0. 227, 242, pp. 754, 
 756 ; having or making same with intent to commit any offence, O. 26, 
 p. 708. 
 
 Exposing person to insult any female, O. 14, p. 530; indecent prints, &c., O, 
 12, 13, p. 530 ; wounds to gather alms, 0. 15, p. 530 ; exposing person 
 naked to public view, O. 177, p. 744. See " Indecency." 
 
 Extorting money by accusing of crime, O. 7, p. 704. See " Sodomy." 
 
 Extortion by a constable, &e., O. 126, p. 728. 
 
 E. 
 
 Factories, reference to statutes as to, 560 ; proceedings not within the 11 & 12 
 Vict. li. 43, p. 90, 91. 
 
 False character of a servant, giving, O. 1 — 5, p. 386. 
 
 False imprisonment (indictable), 0. 127, p. 728. 
 
 False lights, exhibiting, to bring a ship into danger, O. 240, p. 766. 
 
 False oath, see " Perjury." 
 
 False pretences, obtaining any chattel, money or valuable security by, O. 128, 
 p. 728 ; attempt to do so, 0. 129, p. 730 ; attempting to obtain charit- 
 able contributions by, O. 16, p. 530. 
 
 FJmily, neglecting to maintain, O. 1, p. 526 ; running away and leaving them 
 chargeable, O. 17, p. 530. 
 
 Farm buildings, setting fire to, O. 14, 22, pp. 706, 708 ; or produce or imple- 
 ments, &c., in same, O. 23, p. 708. 
 
 Father, putative, of bastard child, see "Bastards." 
 
 Fees, table of, to clerks to justices, &c., to be made by sessions, 84, 85, 86 ; 
 the party liable to them for same, 86, 87 ; remedy for recovering them, 
 88. 
 
 Felony, see "Examination ;" assault with intent to commit a, O. 34, 37, p. 710; 
 attempting to commit a, O. 48, p. 712; compounding, O. 90, p. 720; 
 misprision of, O. 130, p. 730 ; bail in, may be received by one justice, 
 679. 
 
 Females, punishable on summary convictions in all cases, 100, 101. 
 
 Feme coverte liable on summary convictions, 100 ; if prosecuted with husband, 
 may alone be found guilty, 142; husband's goods cannot be taken for 
 her offence, 177 ; earnings of, protected from husband and his cre- 
 ditors, 834 ; husband liable to maintain lunatic wife, 918. 
 
 Fences, stealing or damaging, see " Larceny ;" "Malicious Injuries." 
 
 Fermented liquors, bringing into or selling them in a workhouse, &c., O. 29, 30, 
 
 p. 450 ; O. 37, 38, p. 452. 
 Fern, setting fire to stacks or crops of, O. 18, 19, p. 706. 
 Filing convictions and orders with clerk of the peace, 63, 147. 
 Filly, stealing or wounding, O. 64, 65, p. 716; see " Cruelty to Animals.' 
 
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Index. 985 
 
 Filth, laying or suffering, to flow on highway or turnpike road, see those titles: 
 also Nuisances." 
 
 Fines, to whom paid for the crown, 188 ; to be paid to clerk to justices, 190 ; 
 
 account to be rendered monthly, 191. 
 Fire, setting, to property, see " Arson." 
 
 Fire, making, neair highway, O. 59, p. 336 j the like, near turnpike road O. 7i 
 p. 516. ' 
 
 Firearms, reference to statute as to the trade of making, N. 179, p. 382. 
 
 Fireworks, 286 ; making or selling, 0. 1 ; permitting to be thrown from a house 
 into street, O. 2 ; casting into street, 0. 3 ; throwing on highway, 0. 
 60, p. 335 ; throwing on turnpike road, O. 75, p. 516. 
 
 Firing off gun, &c., near highway, O. 59 a, p. 386. 
 
 Fisheries, 286, 288 ; taking spawn, &c., of salmon under size or out of season, 
 O. 1 — 3; having possession of, or bringing same to shore, O. 4j 
 crying, selling, or exchanging same, O. 6, 6 j destroying salmon with 
 lime, &c., O. 7 — 10, p. 288; taking, Sec, fry or fish under size, O. 11, 
 12; knowingly having or selling same, O. 13. 
 
 Fish, angling, see " Larceny," (of animals) ; taking or destroying in private 
 water, adjoining dwelling-house of owner (Indictable), O. 132, p. 730. 
 
 Fish pond, breaking down or damaging, O. 236, p. 756. 
 
 Fixtures, stealing by tenants or lodgers, 0. 209, p. 750. 
 
 Flour, see " Bread and Flour." 
 
 Football, playing at, on highway, O. 57, p. 336 ; the like, on turnpike road, 
 O. 77, p. 516. 
 
 Footpath, see " Footway." 
 
 Footway, riding, &c. on, O. 46 — 48, p. 334 ; obstructing, O. SO, p. 334 ; da- 
 maging same, O. 49, p. 334; the like offences on turnpike roads, 
 O. 45—48, p. 510. 
 
 Forcible entry and detainer, O. 110, 111, p. 726 ; see " Entry, Sfc." 
 
 Forcing a master to alter his mode of trade, or a workman to belong to a club, 
 &c., O. 1—5, p. 260, 262. 
 
 Foreign country, offences in, and persons flying to this country, in what cases 
 warrant may be granted and dealt with here, 620, 623 — 626 ; form of 
 warrant, 626 ; for offences with respect to foreign countries, 626 
 offences in France, and offenders flying to this country, 633—636, 638 
 offences in America and offenders flying to this country, 636 — 638 
 forms, 639, 640; offences in the colonies, and offenders flying to this 
 country, 640. 
 persons committing offence here, and flying to France, 643 ; or to America, 
 643 ; or to the colonies, 644, 645 ; forms : warrant, 645 ; certificate on 
 copy of depositions, 645. 
 
 Foreign service, enlisting into, O. 133, p. 730. 
 
 Foreign ships, deserters from, 470, 472. ^ 
 
 Forgery (summary), of certificates to beer houses, O. 26, p. 242 ; master falsify- 
 ing agreement of seamen, O. 18, p. 396; forging certificate of service 
 or competency of seamen, O. 106, 112, p. 412 ; forgery as to seamen's 
 effects, O. 113, 114, pp. 412, 414; falsifying passengers' emigration 
 papers, O. 61, p. 486 ; stamps of weights and measures, 0. 14, p. 542 ; 
 pawnbroker's duplicate, O. 25, p. 436. 
 
 Forgery (indictable), pp. 730—739 ; private securities, will, bill of exchange, 8tc. 
 or undertaking, warrant or order for money, O. 134; deed, bond, ac- 
 quittance, receipt, accountable receipt, warrant, order, &c. for delivery, 
 &c. of goods, &c. 0. 135, p. 732 ; transfers of stock, power of attorney 
 to sell stock, personating owner of stock, forging attestation to power 
 of attorney, false entries in the bank books, 0. 136—143, p. 734 ; East 
 India bonds, O. 144; exchequer bills, &c. O. 145—147; Bank of 
 
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986 Index. 
 
 Forgery (indictable)— coniinaerf. 
 
 England notes, &c. or having same in possession, or paper, plates, &c. 
 O. 148—152, p. 736 ; bankers' notes, 0. 153, 154 ; court rolls, 0. 155 ; 
 foreign instruments, O. 157; dies, &c., for stamping gold or silver 
 wares, O. 158; stamps, O. 159; official documents, O. 160, p. 738 ; 
 at common law, 0. 161. 
 
 Fortune telling, O. 9, 10, p. 530. 
 
 Frames, not returning, after notice, p. 288 ; receiving or purchasing same (in- 
 dictable), O. 323, p. 778. 
 
 France, offences in, and offenders flying to this, country, a police magistrate of 
 metropolis to grant warrant of apprehension, 633 — 636 ; forms, 639, 
 640 ; offences in this country and offenders flying to France, how war- 
 rant granted and executed, 643 ; forms, 645, 646. 
 
 Fraudulent trustees (indictable), 738 — 742 ; trustee of property converting 
 same to his own use, O. 161 a ; banker, merchant, broker, attorney or 
 agent entrusted for safe custody with property appropriating same, 
 O. 161 b ; person entrusted with power of attorney for disposal of 
 property, selling, &c. same, 0. 161 c, p. 740 ; bailee of property taking 
 or converting same, O. 161 d; director, member or public officer of 
 company taking or applying money, &c. for his own use, O. 161 e; 
 or possessing himself of money and omitting to make entries, O. 
 161f; or falsifying books, O. 161g; or circulating, &c. false accounts 
 of company, . 1 6 1 h ; persons receiving money or property so fraudu- 
 lently disposed of, O. 161 i, p. 742. 
 
 Fraudulently removing goods to avoid a distress for rent, O. 1, p. 282 ; persons 
 assisting therein, O. 2, p. 282. 
 
 Fraudulently claiming exemption from turnpike toll, O. 35 — 37, p. 508 ; by 
 county constables, O. 14, p. 268. 
 
 Fraudulently destroying or concealing wills, O. 183, p. 746. 
 
 Fresh pursuit in execution of warrants of apprehension, in summary convictions 
 and orders, 114 ; in indictable offences, 614, 615. 
 
 Friendly societies (summary convictions) : members obtaining money by iiraud, 
 or misapplying same, &c. O. 1, 2, 3, p. 290; officer paying unautho- 
 rized sum for funeral expenses, 0. 4, 5 ; officer aiding in dissolution of 
 society improperly, O. 6. 
 (indictable): circulating false copies of rules, O. 162, p. 742. 
 (petty sessions matters) : I. Analysis of the 18 Sf 19 Vict. c. 63 . . 838 ; as to 
 old societies, 838 ; as to the registrars, 839 ; the purposes for which 
 friendly societies may be established, 839 ; the extent of the act as to 
 other societies, 839 ; the making, &c. of the rules of societies, 839, 
 840 ; the appointment of officers and their liabilities, 840 ; the ac- 
 counts of societies and receipts and payments, 840, 841 ; money pay- 
 able on the death of a child, 841 ; of actions by and against societies, 
 841 ; obligations of societies, 841 ; the union of societies, 842 ; the 
 property of societies, buildings for meetings, 842 ; how the funds 
 shall be invested, 842 ; investments by old and new societies, 843 ; 
 the privileges, &c. of societies and members, and their representatives, 
 843 ; frauds and other offences in relation to friendly societies, 844 ; 
 the dissolution of societies, 844. 
 II. Provisions as to Determination of Disputes, 844, 845. 
 
 Fruit, stealing or damaging, Src. see " Larceny," " Malicious Injuries." 
 
 Funds, public, forgeries as to, O. 136 — 143, pp. 732, 734. 
 
 Furious driving or riding on a highway, O. 39, p. 332. 
 
 Furlough of a soldier, how extended, 894 ; or marine, 896. 
 
 Furze, setting fire to stacks of, O. 18, p. 706 ; the liRe, growing or cut down, 
 O. 19, p. 706. 
 
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Index. 987 
 
 G. 
 
 Game (summary convictions) : who entitled to game, N. 109, p. 302; as to 
 killing hares and coursing, N. 100, p. 294; definition of "day-time" 
 and " game," N. 94, p. 291 ; information, and by whom, N. 96, p. 293. 
 I. Trespass in Search of Game, 290 — 294; in day-time, O. 1, 2; day-time 
 defined, N. 94 ; to the number of five or more, O. 3, p. 292 ; refusing 
 to tell name, &c. O. 4, 294 ; giving illusory description, O. 5 ; con- 
 tinuing or returning upon the land, O. 6 ; five or more trespassing, 
 and by violence preventing approach to them, &c. O. 7 — 9 ; trespass 
 in her Majesty's forests, &c. O. 10; what is trespass — trespass a 
 several offence, N. 94, p. 291 ; apprehension of offenders, N. 98, p. 294 ; 
 game taken from trespassers, N. 99, p. 294. 
 
 II. Killing without Certificate, 294, 296; killing or taking game, O. 11; 
 using dog, net, &c. for, O. 12 ; otficers in the army taking, &c. O. 13, 
 p. 296 ; laying poison to destroy, O. 14, 15 ; taking or destroying eggs 
 of bird of game, &c. O. 16, 17 ; knowingly having eggs, &c. O. 18; 
 taking or killing hares or conies in warrens, O. 19 ; setting snare for 
 taking, O. 20. 
 
 ni. Killing on Sunday, Sfc, 298 ; killing or taking on a Sunday or Christmas 
 Day, O. 21 ; using dog, net, 8ic. for taking, &c. O. 22. 
 
 IV. Killing out of Season,2^fi; killing or taking partridges, O. 23 ; pheasants, 
 O. 24 ; black game, O. 25, 26 ; grouse, O. 27 ; bustards, 0. 28. 
 V. Selling without Certificate, 298 ; selling, &c. to any person not having 
 licence or certificate, O. 29 ; person having certificate selling, Sic. to 
 other than licensed dealer, O. 30. 
 
 VI. Buying, S;c. unlawfully, 298 — 300 ; person not licensed buying of other 
 than licensed dealer, O. 31 ; buying or selling or having after season, 
 O. 32—34, p. 300. 
 VII. Offences by licensed Dealers, Sfc, SOO ; buying, &c. from unauthorized 
 person, O. 35 ; selling, &c. without having board up, O. 36 ; affixing 
 &c. board to more than one house, O. 37 ; selling at other than where 
 board affixed, O. 38 ; buying or selling, or having out of season, 
 O. 39—41 ; any person assuming to be licensed, O. 42. 
 VIII. Offences by Occupiers, 300; pursuing, killing or taking game, O. 43; 
 giving permission to another to do so, O. 44 ; landlord and tenant's 
 rights, N. 109, p. 302 ; as to killing hares and coursing by occupiers, 
 N. 100, p. 294. 
 
 IX. Night-poaching, 302; night-time defined, N. HI ; taking or destroying 
 game or rabbits on land by night, O. 45 ; or on any public road, &c. 
 O. 46 ; entering or being on land with net, &c. for taking, &c. O. 47. 
 
 Game (cases not within Jervis's Act), 560 ; not showing certificate when de- 
 manded, O. 1 ; producing false or fictitious certificate, O. 2 ; giving 
 false name, O. 3 ; sporting without certificate, O. 4 ; selling before 
 exchanging duty receipt for certificate, O. 5. 
 
 Game (indictable), 742 ; time of prosecution, &c. N. 28 ; taking or killing 
 hares or conies in warrens or roads by night, O. 163, 164 ; assaulting 
 keeper, O. 165 ; three or more on land by night, one being armed and 
 assaulting gamekeeper, O. 166. 
 
 Game (special sessions): licence to deal in, how granted, 790. 
 
 Game (petty sessions) : owner or occupier to grant authority to kill hares, 845 ; 
 form, 845 ; how to be registered, &c., 845. 
 
 Games, unlawful, what are, N. 3, p. 218; N. 257, p. 490 ; see "Alehouses," 
 *' Beerhouses.'* 
 
 -Games of chance, playing at in street, &c. O. 19, p. 530 ; what is an "instru- 
 ment of gaming," or " open and public place," N. 281, p. 533. 
 
 Gaming, cheating at play, O. 167, p. 742. 
 
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988 l7idex. 
 
 Gaming-houses (summary convictions), 302 — 308 ; keeping common, O. 1 ; 
 owner or occupier opening, &c. house for gaming, O. 2, 3, p. 304 ; 
 person having care of room, &c. O. 4 ; furnishing money for gaming, 
 O. 5 ; obstructing entry of constables, O. 6—9; persons apprehended 
 giving false names, &c. O. 10 ; keeping billiard table or bagatelle 
 board without a licence, O. II, p. 306; not putting up board when 
 licensed, 0- 12 ; offences against the tenor of billiard or bagatelle 
 licence, O. 13 — 20 ; allowing play after 1 and before 8 a.m. O. 21 j or 
 on Sundays, &c. O. 22 ; or when alehouse closed, O. 23 j refusing to 
 admit or not admitting constables, 0. 24, p. 308. 
 (indictable): keeping, O. 168, p. 742. 
 
 grant of licence for billiards, &c., 787 ; warrant to enter gaming-houses, 
 846. 
 
 Gaol, expenses of conveying defendant or accused to, 186, 187, 686. 
 
 Gaoler, to give receipt for accused in indictable offences, 685 ; form, 686 ; to 
 give receipt for amount found upon accused, N. 3, p. 686 ; to pay 
 money received from defendants to clerk of petty sessions, 52, 190 j 
 to render monthly account, 52, 190. 
 
 Gaols and houses of correction, 308 ; taking spirits into, O. I, 2 ; gaoler permit- 
 ting same, 0. 3 — 5 ; conveying letters, tobacco, 8ic. into, O. 6, 7 ; 
 assaulting officers of, O, 8, 9 ; or aiding in so doing, O. 10. 
 
 Garden, trees, plants, &c growing in, stealing, damaging, &c. see ^^Larceny ;*' 
 "Malicious lujuriesJ^ 
 
 Gas Works, 310 — 312 ; fraudulently using the gas, injuring the meter, 0. 1— 6 ; 
 wilfully damaging pipes, extinguishing light, &c. O. 7 — 9 ; acciden- 
 tally damaging pipes, O. 10 ; obstructing officer, O. 11 ; offences by 
 gas company, O. 12—16 ; other matters before justices, 846. 
 
 Gates, stealing or damaging, see "Larceny," "Malicious Injuries." 
 
 Gates, to be a certain width on highways, O. 70, p. 338 ; the like, on turnpike 
 roads, O. 110, p. 524. 
 
 Gelding, stealing, O. 64, p. 716 ; maliciously wounding, O. 65, p. 716. 
 
 Gentoo, how sworn to give evidence, 66, 
 
 Gipsies, encamping on highway, O. 58, p. 336 ; the like, on turnpike roads, 
 O. 72, p. 516. 
 
 Girl, see "Abduction ;" "Carnally Jcnowing Female Children." 
 
 Glanders, bringing horse having the, into a market, &c. O. 3, p. 474. 
 
 Good behaviour, sureties for, when may be required, 949, 950. 
 
 Gorze, growing, setting fire to, O. 19, p. 706. 
 
 Government, offences with respect to, see "Public Service." 
 
 Grain, setting fire to stacks or crops of, O. 18, 19, p. 706. 
 
 Granary, setting fire to a, 0. 14, p. 706 ; riotously demolishing, O. 308, pp. 774 ; 
 remedy, against the hundred for, 794. 
 
 Greenhouse, see "Conservatory." 
 
 Grouse, killing out of season, O. 27, p. 298. 
 
 Guardians of the poor, furnishing goods to union for profit, O. 15, p. 446 ; to 
 give authority to an officer to prosecute for offences, N. 205, p. 442 j 
 recovery of their contribution orders from overseers, 798, 799. 
 
 Guernsey, English warrants hacked in, and vice versA, 12. 
 
 Gun, using to kill game, 0. 12, p. 294 ; O. 22, p. 298 ; O. 47, p. 302 ; firing off, 
 near a highway, O. 59a, p. 336. 
 
 Gunpowder, 312, 314 ; using mill without licence, O. 1 ; using pestle mill, O. 
 2 ; or making improperly, O. 3 — 7 ; dealer, &c. keeping quantity above 
 weight allowed by act, O. 8 ; carrying improper quantity in waggon, 
 barge, &c. O. 9, 10, 13, p. 314; permitting fire on board with gun- 
 powder, &c. O. 11, 12, p. 314. 
 search warrant may be granted for, 846. 
 
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Index. 989 
 
 H. 
 
 Habeas corpus, how obtained, 42 ; service of the writ, 42 ; to remove prisoner 
 detained for another offence, 612, N. 3. 
 
 Harbours, Docks and Piers, 314 — 318; offences by undertakers, O. 1, 2, 9, 31, 
 32; offences by masters of vessels, O. 4,5, 6,7,12, 13, 14, IS, 17, 18, 
 19; offences by harbour masters and other officers, O. 11, 12, 31; 
 offences by shippers and wharfingers, O. 7, 10, 20 ; offences by other 
 persons, O. 3, 8, 12, 16, 21 — 29 ; other matters before justices in re- 
 spect to, 846, 847. 
 
 Hares, authority to kill without certificate, N. 100, p. 294 ; form of authority, 
 145 ; how authority registered, &c., 845 ; see '^Game,^' 
 
 Haulm, stack of, setting fire to a, O. 18, p. 706. 
 
 Hawkers and pedlers, offences not within 11 & 12 Vict. c. 43, p. 562; not 
 having packages, &c. marked O. 1 ; unlicensed persons having pack- 
 ages so marked, O. 2 ; trading without or contrary to licence, O. 3 ; 
 refusing to or not producing licence, 0. 4 ; constable refusing to assist 
 in execution of act, O. 2, 3, p. 548. 
 
 Hawkers pitching their tents upon a highway, O. 58, p. 336 ; the like, upon a 
 turnpike road, O. 72, p. 516. 
 
 Hay and straw, acts relating to false packing of, 318. 
 
 Hay, stack of, setting fire to, O. 18, p. 706 ; the like, in farm buildings, O. 23, 
 p. 708. 
 
 Health (Public) Act, 1848 (summary convictions) ! 318 — 324 ; making an un- 
 authorized sewer, &c. or causing new building to he erected over 
 same, O. 1, 2 ; or any vault under street, O. 3 ; erecting house without 
 water-closet, &c. O. 4, p. 320 ; neglecting to erect water-closet in 
 factories, O. 5 ; building privy, &c. contrary to act, O. 6 ; occupier not 
 repairing drains, O. 7 ; removing sewerage without consent, O. 8 ; 
 keeping swine in dwelling, or suffering stagnated water to be in cellar, 
 or allowing water-closet to soak, O. 9 — 11 ; not complying with order 
 to whitewash, &c. O. 12, p. 322 ; using slaughterhouse without being 
 registered, O. 13 ; having butcher's meat unfit for food, O. 14 ; newly 
 establishing an offensive trade, O. 15 ; receiving lodgers into a 
 common lodginghouse without registering same, or not admitting per- 
 son from local board, O. 16, 17 ; letting vault as a dwelling, O. 18, 19 ; 
 displacing pavement, O. 20 ; laying out new street improperly, 0. 21 ; 
 p. 324 ; injuring waterworks or diverting streams, O. 22 ; bathing or 
 causing water in reservoirs, &c. to be fouled, O. 23, 24 ; by gas, O. 25 ; 
 burying in dangerous burial grounds, O. 26, 27 ; obstructing inspector, 
 O. 28 ; injuring board of bye-laws, O. 29 ; occupier preventing owner 
 from obeying provisions and justices' order, O. 30 ; occupier not dis- 
 closing owner's name, O. 31 ; offending against bye-laws made by local 
 boards, O. 32 ; for what bye-laws may be made, their confirmation, &c., 
 N. 130, p. 324. 
 (Petty Sessions Matters) : to what places the act applicable, 847 ; officers 
 not accounting, 847 ; recovery of rates, and expenses of works, 848, 
 849 ; appeal against rates and other matters, 849 ; occupier preventing 
 execution of works, 850 ; authority to surveyor, &c. to enter upon 
 lands, 850 ; recovery of damages, &c. 850. 
 Hearing — (Summary Convictions and Orders), 126. 
 
 I. Before whom and where, 126 ; open court, 127 ; eiiher party allowed to 
 
 plead by attorney, 127 ; where offence committed or matter arose, 127 ; 
 ordering witnesses out of court, 128 ; conviction on view, 128; death 
 of informer before hearing, 128; where a joint offence and several 
 offenders, 129; where a several offence and several offenders, 129; 
 when conviction to take place, 129 ; not on a Sunday, 129. 
 
 II. Of Adjournments, 130. 
 
 III. Appearance of Complainant, and Defendant not appearing, 131. 
 
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990 Index. 
 
 Hearing— (Summary Convictions and Oriets)— continued. 
 
 IV. Appearance of Defendant, and Complainant not appearing, 132 — 135. 
 
 V. Non-Appearance of either or both Parties at adjourned Hearing, 136. 
 
 VI. Appearance of all Parties, 136; compromising case, 137; appearance 
 waives irregularity in service of summons, 137 ; no objection to forms 
 of information, 137 ; but to subsequent proceedings, 138; if variances 
 mislead, adjournment, 138 ; not necessary to prove a negative in in- 
 formation or complaint, 138 ; information or complaint to be read, 138 ; 
 no reply allowed to complainant, 139 ; no information necessary 
 upon offender being brought before justice at once, 139 ; justices' 
 authority to administer oath, 62 ; competency of witnesses, 56 — 62 ; 
 oath to witness, 62, 140 ; witness committing perjury in special or petty 
 sessions to be sent for trial at once, 68, 110; evidence before magis- 
 trates, see "Evidence." 
 
 VII. The Adjudication and Proceedings thereon, 140 — 156; see *' Adju- 
 dication J' 
 
 VIII. The Detention qf Juveniles in Reformatories, 157 — 165; general scope 
 of the Reformatory and Industrial School Acts, 157 ; abstract of the 
 several acts, 158 — 165; see ''Industrial Schools," "Reformatory Schools." 
 
 Hearing of indictable offences, see " Jixamination." 
 
 Heath, setting fife to a, O. 19, p. 706. 
 
 Hedges, see " Highways ;" " Larceny ;'' " Malicious Injuries.'' 
 
 Heifer, see ** Cattle ;'' '* Cruelty to Animals." 
 
 Higgler, travelling on a Sunday, 0. 3, p. 488 ; pitching tent on highway, O. 58, 
 p. 336; the like, on turnpike road, O. 72, p. 516. 
 
 High constable, offences by, as to jury lists, 350 ; precept to, to summon special 
 sessions for, allowing list of jurors, 795. 
 
 High constable, general precept to, 783 ; appointment of, in special sessions, 
 787, 788. 
 
 High seas, see *' Admiralty." 
 
 High treason, see " Treason ;" " Queen." 
 
 Highways (Summary Convictions), 326 — 339 : 
 
 I. Offences by Surveyors, 326 — 328 ; neglecting to act when chosen, O. 1 ; 
 neglecting duty, O. 2 ; not providing and keeping account books, 
 O. 3, 4 ; refusing inspection, &c. of same, O. 5 ; not accounting or 
 delivering over books, O. 6, 7, p. 328 i sharing in contracts, &c., O. 8, 
 '9; neglecting to fence pits, &c., O. 10 — 16; leaving heaps of stones, 
 &c. 0. 17 ; damaging mills, &c. by getting materials, O. 18. 
 II. Offences by Collector, 330 ; not rendering accounts, books, vouchers, &c., 
 O. 19-23. 
 
 III. Offences by Ouoners and Drivers of Carts, Sfc, 330, 332 ; owner using, &c. 
 
 waggon without name, O. 24 — 26 ; driver acting for two carts, O. 27 ; 
 riding without guide, O. 28 ; negligently causing damage, O. 29 ; 
 quitting the road, O. 30, p. 332 ; being at improper distance from 
 waggon, 0. 31 ; leaving cart on road, O. 32 ; driving without owner's 
 name and refusing to discover it, 0. 34 ; not keeping proper side, 
 O. 35 ; preventing another passing, O. 36 ; hindering another, O. 37 ; 
 not keeping left side, O. 38 ; riding or driving furiously, O. 39. 
 
 IV. Nuisances, 332 — 338 ; encroaching by making building, hedge, &c. on, 
 
 O. 40, 41 ; sinking pitSj erecting engines, mills, Sjc, 0. 42 — 45, p. 334 ; 
 riding on footpath, &c., O. 46 ; leading or driving on footpath, O. 47 ; 
 tethering horse. Sic, on footpath, O. 48 ; damaging fence, &c., O. 49 ; 
 obstructing footway, O. 50 ; destroying or injuring surface of high- 
 way, O. 51 ; damaging posts, &c., O. 52 ; cutting down banks, 0. 53 ; 
 damaging stones, &c., on bridges, O. 54, 55, p. 336 ; defacing mile- 
 stones, Sjc, O. 56 ; playing on highway, O. 57 ; gipsey, &c. encamp- 
 ing on, O. 58 ; making bonfires on or near, O. 59 ; firing off gun, 
 O. 59 a ; throwing fireworks on, O. 60 ; baiting bull on, O. 61 ; laying 
 timber, Sjc. on, O. 62 ; suffering filth to flow on, O. 63 ; obstructing 
 highway, O. 64 ; poundbreach, rescue and damage to pound, O. 65, 66, 
 p. 338 i rescuing distress, O. 67. 
 
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Index. 991 
 
 Highways (Summary Convictions) — continued. 
 
 V. Other Offences, 338 ; refusing inspection of poors rates assessment, 
 O. 68; taking materials without surveyor's consent, O. 69; not 
 enlarging gates, O. 70 ; railway company not erecting gates at cross- 
 ings, O. 71. 
 Highways (Special Sessions Matters): special sessions to be appointed for 
 purposes of highways, 790 ; allowance of surveyor's accounts, 791 ; 
 annual return of receipts and expenditure, 791 ; appointment of sur- 
 veyor, 791 ; roads out of repair, 791 ; carriage of materials, 791 ; 
 licence for surveyor sharing in contracts, &c., 792 ; letting or taking 
 lands and compensation for damages, &c., 792 ; repair and expenses 
 of repair, 792 ; hedges, 792 ; excusing rates, 792 ; recovery of rates, 
 see "Rates;" amending rate, 792; gathering stones, 792; direction 
 posts, 792 ; application of rates to turnpike roads, 793 ; appeals 
 against, 794^. 
 Highways (Petty Sessions Matters) : removing nuisances, 851 ; impounding 
 cattle, 851 ; widening, &c., 851 ; diverting, &c., 851, 852 ; allowance 
 of rate, 852 ; collector not paying over monies, 852. 
 Homicide, O. 253, p. 760. See " Attempts to Murder," &c. 712. 
 Hop-oast, setting fire to, O. I*, p. 706. 
 Horse, ill-using, O. 1, p. 276 ; O. 12, p. 340 ; stealing, killing, or wounding, 
 
 O. 64, 65, p. 716. 
 Horse slaughtering, 338 — 342 ; slaughtering without inscription on premises, 
 O. 1 ; not cutting off hair, or killing within three days. Sic, O. 2, 3, 
 p. 340 ; not providing them with food, O. 4 ; employing or using horse 
 brought for slaughter, O. 5 — 8 ; not entering cattle in a book or pro- 
 ducing book, O. 9 — 11; ill-treating cattle, O. 12; obstructing in- 
 spector, O. 13; inspector neglecting duty, O. 14; licensed person 
 making false entry in book, O. 15, p. 342; killing, &c., sound horses, 
 &c., O. 16, 17 i lending a house for slaughtering, 0. 18. 
 Hothouse, plants or fruits growing in, see " Conservatory." 
 House, dwelling, setting fire to, O. 13, p. 706 ; see " Housebreaking." 
 Housebreaking, p. 744, O. 169 ; a building within the curtilage, 0. 170 ; a shop, 
 warehouse, &c., O. 171 ; persons found by night armed, disguised, 
 &c., with intent to break into a house, &c., O. 172 — 175 ; breaking 
 into, &c. but no larceny committed, O. 176. 
 Hundred, recovery of damage done by rioters from, 794. 
 Hunting deer, in uninclosed land, O. 1, p. 350; second conviction, O. 186, 
 
 p. 748 ; the like, in uninclosed land, O. 183, p. 748. 
 Husband, order protecting wife's earnings, &c. from, 834; see " Feme Coverte." 
 Husbandry, servants in, see " Master and Servant." 
 
 I. 
 
 Identity of persons previously convicted summarily to be proved, 142 ; of party 
 apprehended after indictment, to be proved before warrant of commit- 
 ment or detainer granted^ 627. 
 
 Idiots, when competent to give evidence, 61 ; see "Lunatics." 
 
 Idle and disorderly persons, who are, O. 1 — 7, pp- 526—528. 
 
 Illegitimate child, mother deserting, Sec, 0. 1, 18, pp.526, 530, See "Bastards." 
 
 Illness of witness, a ground for reading his deposition on trial of accused for an 
 indictable offence, 655. 
 
 Ill-treating cattle, see " Cruelty to Animals ;" paupers in workhouse, see "Poor ;" 
 apprentices, see '' Apprentices ;' ' servants, see " Master and Servant." 
 
 Impeding a person saving himself from wreck, O. 32, p. 710. 
 
 Impounding cattle, charges for, to be settled by justices, 851. 
 
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992 Index. 
 
 Imprisonment for a subsequent ofiFence, when to commence, 143, Hi, and N. 32, 
 p. Hi ; when it runs from in general, 168. 
 
 Inciting a person to commit a felony, see "Accessories.** 
 
 Inclosures, 342, 344; breaking fence, &c. set up under act, O. 1, 2; or upon 
 allotment, O. 3 j exercising rights of ownership over lands inclosed, 
 after rights extinguished, &c., O. 4, p. 344 ; placing stock on pasture, 
 contrary to regulations, O. 5; doing injury to village green allotted 
 for exercise, O. 6 — 9. 
 valuer to make declaration before a justice, 853 ; certificate of formation of 
 roads, &c., 853 ; obtaining possession of encroachments, 853. 
 
 Incorrigible rogues, who are, O. 26 — 28, p. 536'. 
 
 Indecency, exposing person to insult female, O. 14, p. 530 ; indecent books, 
 prints, &c., O. 12, 13, p. 530; (Indictable): exposing person naked 
 to public view, O. 177, p- 744; publishing obscene prints, Src, O. 178, 
 p. 744 ; procuring, &c., obscene prints an indictable offence, N. 30, 
 p. 744. 
 
 Indictable offences, where to be tried, 705 — 781. 
 
 Indictment found against offender, warrant to apprehend upon, 626, 627; 
 form (G), if at large, 628 ; commitment (H), 629 ; form, if in custody 
 (I), 629. 
 
 Indorsement in backing a warrant of apprehension or commitment, /orm of, 116 ; 
 in backing a distress warrant, /orm (N. 3), 135. ' 
 
 Industrial schools, 344 ; parent neglecting child after giving assurance for his 
 future good behaviour, O. 1 ; withdrawing child from an industrial 
 school, O. 2 ; harbouring child absconding, O. 3. 
 (Petty sessions matters), 856: 1. The certifying of schools, &c., 857, 858 ; 
 2. When a child can be sent to, and how detained in a school, 858 
 — 861 ; security for good behaviour of child, 862, 863 ; 4. Removal 
 from one school to another, 863 ; 5. Discharge from industrial school, 
 863 ; 6. Enforcing contributions irom parents, 863 — 865 ; 7. Offences 
 in respect to schools and evidence, 865 ; 8. Pauper children, 865, 866. 
 
 Industrial and provident societies : frauds by officers on members, 346, 234 ; 
 abstract of the acts as to, 854 — 856 ; jurisdiction of justices, 856. 
 
 Infants liable for not completing contract of service, 101 ; competent to give 
 evidence, 61. 
 
 Information (Summary Convictions) : distinction between an information and a 
 complaint, N. 13, p. 95 ; basisof jurisdiction, 95 ; time of commencing 
 proceedings, 95, 96 ; whom to lay, 97 ; when to be in writing, 97 ; 
 when on oath, 97 ; manner of swearing Jews, Scotch witness, Scotch 
 Covenantor, Mahomedans, Romari Catholics, peers, Quakers, Mora- 
 vians, Separatists, Gentoese, Chinese, deaf and dumb persons, 62 — 66 ; 
 , no objection to form of information, &c., 98 ; must not be so drawn as 
 
 to mislead, 99; requisites of the information, 99 — 103 ; the act con- 
 stituting the offence, 104 — 107; describing local statute in, 107; 
 describing ownership of property in, 107 ; where a second or subse- 
 quent offence, 108 ; forms of information, 109 — 112. See " Complaint." 
 
 Information and complaint for an indictable offence, 606; form, 610; may be 
 received on a Sunday, 605 ; when to be made in writing, 606 ; requi- 
 sites of information, 606 ; time of prosecution, 604 ; describing pro- 
 perty in, 616; the persons liable to be prosecuted, 606, 607, 608; 
 dying declaration, when may be made, 609 ; information for search 
 warrant for stolen goods, 610 ; form, 611 ; several offenders and 
 offences, 610 ; criminal charges arising out of civil proceedings, 610. 
 
 Informer, competent as a witness, 58, 140. 
 
 Ingredients, general, to give justices jurisdiction, 25, 26 ; written proceedings 
 
 should show them, 26, 27. 
 Innkeeper, offences by, see " Alehouses." 
 
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Index. 993 
 
 Inoculation, see " Vaccination." 
 
 Insane persons or prisoners, see " Lunatics." 
 
 Inspectors of factories, see "Factories ;" see also "Lighting and Watching Act ;" 
 
 "Horse Slaughtering ;" " Weights and Measures." 
 Instrument, written, describing, in informations or complaints, 107, 617. 
 
 Interest of justices in matters brought before them, not to act in such cases, 
 20—24.. 
 
 Ireland, English or Scotch warrants may be backed in, and vice versi, 12. 
 
 Irregularity in service of summons cured by appearance, 137. 
 
 J. 
 
 Jersey, English warrants backed in, and vice versA, 12. 
 
 Jervis's Act, 11 & 12 Vict. c. 43, what it applies to, 91—94. 
 
 Jews, how to be sworn, 64. 
 
 Joint offenders, information against, 101 ; adjudication, 145, 151. 
 
 Joint stock companies, 346—348 ; promoters failing to register, O. 1 ; solicitor 
 of, failing to make returns, O. 2 ; not sending registrar copy of supple- 
 mentary deed, O. 3 ; company not keeping a register of shareholders, 
 O. 4 J refusing inspection of same, O. 5, p. 348 ; limited liability com- 
 pany not painting up name, 0. 6 j using seal, &c. on which word 
 " limited" not engraven, &c., O. 7 ; not giving required notice to 
 registrar of increase of capital, O. 8; refusing to produce books, &c. 
 to inspectors of Board of Trade, O. 9 ; not giving notice to registrar 
 of conversion of capital into stock, O. 10 ; not forwarding articles of 
 association, &c., to shareholders, O. 11 ; liquidators not reporting dis- 
 solution of company wound up, O. 12 ; company making default in 
 registering, O. 13. 
 
 Judgment, pronouncing, 140 ; see " Adjudication." 
 
 Judicial authority of justices, 2, 3. 
 
 Jurisdiction of justices : 
 
 1. As to the Locality of Offences, Sfc. : — how derived— in indictable offences, 
 
 6; in summary proceedings, 6; number of justices necessary, 6; 
 jurisdiction attaches to the place where matter arose, 6 1 particular 
 description of justices, 6 ; place of offence, &c., within the jurisdiction, 
 7 ; residence not necessary in the county, &c., 7 i exceptions, 8 ; as 
 to borough justices, 8, 9 ; exceptions and provisions of Jervis's Acts 
 as to place of exercising jurisdiction, 9—13; other exceptions, 13—19; 
 magistrates of metropolis, 19. 
 
 2. Ex officio Authority of Justices, 18, 19. 
 
 3. When Justices interested in the t!ase ; — when justice a party or interested 
 
 in the matter in question, 20 ; statutes on the subject of interest, 21, 
 22 ; should withdraw irom the court in such cases, 21, note ; when 
 prohibited from acting by statute, 23; when disqualified by other 
 causes than interest, 23. 
 
 4. Ouster of Justices' Jurisdiction: ouster of jurisdiction on question of pro- 
 
 perty or title, and claim of right made, 24 ; must not be a mere pre- 
 tence of title, 24, 25. 
 
 5. General Ingredients to give Justices Jurisdiction : — general ingredients to 
 
 give justices jurisdiction, &c. 25, 26 '; written proceedings should show 
 
 them, 26, 27. 
 Jurisdiction, excess or want of, action for, after conviction quashed, 34. 
 Jurisdiction of justices in metropolis over offences, 19, 54. 
 Jurors, 359 ; neglect of duty by high constables as to lists of jurors, O. 1 — 5 ; 
 
 neglect of duty by overseers, 430 ; special sessions for allowing lists 
 
 of, 795 ; qualification, 794 ; exemptions and disqualifications, 794, 
 
 795. 
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994 Index. 
 
 Justice, one may receive any information or complaint, and issue process, 99, 
 100; one may hear and determine cases if no enactment to the con- 
 trary, 126, 127 1 one may enforce all summary convictions and orders 
 for the payment of money, 166. 
 one may examine and commit for indictable offences, 655, 661 ; or hold 
 to bail in felonies as well as misdemeanors, 679 ; where in commission 
 of two adjoining counties, may act in one for the other, 10 ; may act 
 for detached parts of other counties, 11, 12. 
 
 Justices, jurisdiction of, see "Jurisdiction of Justices." 
 
 Justices, protection from actions, 27 — 34. See "Actions;" "Mandamus;" 
 "Rule:" "Certiorari;" " Criminal Information ;" " Habeas Corpus ;" 
 "Appeal." 
 
 Justices, assault upon, in execution of their duty as to wreck, O. 36, p. 710. 
 
 Justices' order for conveyance to prison of defendant in summary convictions 
 and orders, 186, 187; the like, in indictable offences, 686. 
 
 Justices' order for removal of nuisances, 900. 
 
 Justices' order, disobeying (summary), O. 5, p. 266 ; 0. 2, p. 442 ; (indictable), 
 O. 101, p. 724. 
 
 Justices' clerk and his fees ; appointment and tenure of office in counties, 82 ; 
 office recognized by many statutes, 82, 83 ; appointment in boroughs, 
 83 ; appointment in the metropolis, 84 ; duties, 84; fees to, in coun- 
 ties, how regulated, 84 ; scale of fees given by particular statutes, 85 ; 
 duties for which no fees are provided, 85, 86 ; fees to borough justices' 
 clerks, 86 ; the party liable for the fees, 86, 87 ; the remedy for re- 
 covering the fees, 88. See " Clerk of Petty Sessions." 
 
 Juvenile offenders ; summary remedy against persons under sixteen years of 
 age committing simple larceny, &c., 594, 595 ; what offences are 
 within the operation of the acts, 594 ; where hearing of charge must 
 take place, 596 ; accused to be asked if he objects to be summarily 
 tried, 596, 597 ; course of procedure at the hearing, 598 ; justices to 
 order restitution of the stolen property, 599 ; expenses of prosecution 
 to be paid on order of justices, 600, 601 ; forms, 601, 602. See " In- 
 dustrial Schools" and "Reformatory Schools." 
 
 K. 
 
 Keelmen, preventing them from working, O. 3, p. 234. 
 
 Keepers of gaols, Sic, see " Gaols." 
 
 Killing cattle, or with intent to steal, O. 64, 65, p. 716 ; killing deer maliciously 
 (summary), O. 3, p. 350; the like (indictable), O. 185, 186, p. 748. 
 game, see " Game ;' ' salmon on fence days or out of season, see 
 " Fisheries." 
 
 L. 
 
 Labourers, offences by, in different trades, &c. see " Manufactures, 4'0." 
 in husbandry, see " Master and Servant." 
 
 Lace manufactures, reference to statutes as to, N. 179, p. 382. 
 
 Lamb, see " Cattle;'' " Commons;" " Cruelty to Animals," and " Sheep." 
 
 Landlord and tenant,— tenant fraudulently removing goods to avoid a distress, 
 0. 1, p. 282 ; justice may grant warrant to seize goods within 30 days, 
 867 ; recovery of possession of tenements where rent not exceeding 
 £20 a year, 866 ; giving possession uf deserted premises, 867. 
 
 Landlord, when entitled to game, N. 109, p. 302. 
 
 Landrails, trespass in search or pursuit of, O. 1, 2, p. 290. 
 
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Index. 995 
 
 Lands Clauses Act, 867 — 870 ; appointment of surveyor, &c., 867 i apportion- 
 ment of rents, 868 ; certificate of capital, 868 ; disputes as to compen- 
 sation for lands not exceeding £50 or under yearly tenancies, 868, 
 869 ; costs of refusal to give possession of land, 870 ; resale of land, 
 870. 
 
 Larceny (punishable summarily), 350 — 359 : 
 
 I. Of Animals, 350—356; coursing, hunting, snaring, carrying away, killing 
 or wounding deer in uninclosed ground, O. 1 — 4 ; having head, &c., 
 of deer, or snare, engine, Sic, for taking, O. 5, 6, p. 352 ; person 
 receiving deer, &c., O. 7 ; setting engines, &o., for deer, or destroying 
 fences, O. 8 — 11 ; stealing beasts, birds, &c., ordinarily kept confined, 
 not being the subject of larceny at common law, 0. 12, p. 354; person 
 in whose possession found, O. 13; stealing, killing, &c., house doves 
 or pigeons, O. 14 ; taking or destroying fish in land not adjoining to 
 a dwelling-house, O. 15, 16; angling in the day-time, O. 17 — 19, 
 p. 356. 
 Notes: discharge irom first conviction, and pardon by crown, N. 145, 
 p. 350 ; search warrant, &c., N. 147, p. 351 ; several ofienders, N. 152, 
 p. 353; evidence of former conviction, N. 153, p. 354; seizure of 
 angling implements, N. 154, p. 354. 
 II. 0/ Trees, Fences, Sfc, 356, 358 ; stealing, or damaging with intent to 
 steal any tree, sapling or shrub, or any underwood wheresoever grow- 
 ing, of value of Is. at the least, O. 20—22; the like, any live or dead 
 fence, post, pale, rail, stile or gate, O. 23 — 25; person having posses- 
 sion of such articles, O. 26 ; stealing, or damaging with intent to 
 steal, any plant, root, fruit or vegetable production growing in any 
 garden, orchard, nursery ground, hothouse, greenhouse or conservatory, 
 O. 27, 28; the like, cultivated roots or plants growing elsewhere, O. 
 29, 30, p. 358. 
 Notes ; the same as above referred to, with few exceptions. 
 III. Accessories and Receivers, 358; accessories, O. 31 ; receivers, O. 32. 
 
 Larceny, punishable summarily under Criminal Justice and Juvenile Offenders 
 
 Acts, 581. 
 Larceny, at common law and by statute, punishable on indictment at quarter 
 
 sessions and assizes, O. 179, p. 746, to O. 210, p. 752. 
 Lascars, committing acts of vagrancy, to be sent home by East India Company, 
 
 N. 190, p. 404. 
 Laudanum, administering, to enable offender to commit a felony, O. 47, p. 712. 
 Lead affixed to houses, &c., stealing, O. 196, p. 748 ; by juveniles, 596. 
 Leather gloves, &c. manufacturers, reference to statute as to, N. 179, p. 382. 
 Lessee, see " Landlord and Tenant.'* 
 Lessor, when entitled to game, N. 109, p. 302. 
 Letters, offences as to, see "Post Office." 
 Letters (threatening), 752; to kill any person, or burn house, &c., O. 211; 
 
 demanding money, &c. without reasonable or probable cause, O. 212 ; 
 
 accusing or threatening to accuse of a crime, with a view to extort 
 
 money, O. 213. 
 Levying penalty, &c., see "Enforcing Convictions and Orders." 
 
 distress, charges for, 834. 
 
 Lewdness, see " Indecency.' ' 
 
 Libels, 752; against the Queen, O. 214; against justice, &c., O. 215; publish- 
 ing or threatening to publish a libel upon any person, O. 216 ; pub- 
 lishing any defamatory libel, O. 217 ; maliciously publishing any 
 defamatory libel, O. 218. 
 
 Liberate by a justice on payment of a penalty, &c., 169 ; or warrant of deliver- 
 ance on bail given for accused after committal, 682, 683. 
 
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996 Index. 
 
 Licence for alehouses, 78*, 785 ; for billiard tables or bagatelle boards, &c., 
 787 ; to deal in game, 790 ; for surveyors of highways sharing in con- 
 tracts, 792; for theatres, 802. 
 
 Lighthouses, wilfully injuring, lights and light buoys, running foul of light ship 
 or buoy, or disobeying notice of lighthouse authority to remove false 
 light, O. 139— 141, p. 416. 
 
 Lighting and Watching Act, 358—360; damaging lamp posts, &c. or watch- 
 house, O. 1 ; extinguishing light of lamp, O. 2; carelessly breaking 
 lamps, O. 3, p. 360 ; watchman not delivering up clothes, &c., O. 4 ; 
 neglecting to stop escape of gas, O. 5 ; conveying gas washings into 
 any river, O. 6 ; not laying gas pipes in manner directed, O. 7 
 offences as to constables appointed under, 272. 
 (Matters in Petty Sessions, &c. ) : how constables under, appointed, 870 
 recovery of rates made under, 870 ; recovery of inspector's order from 
 overseers, 871 ; treasurer and officers neglecting to account, &c., 872 
 allowance of inspector's annual accounts, 870. 
 
 Lights, false, exhibiting, to bring a ship into danger, O. 240, p. 756. 
 
 Lime, killing salmon, &c., by, O. 7, 8, p. 288 ; putting in fish-ponds, O. 236, 
 p. 756. 
 
 Limitation of time for preferring a complaint or information, 95 ; the like, in 
 indictable offences, 604 ; of action against justices, 29. 
 
 Linen factories, regulations as to, see "Manufactures, Sfc." 
 
 Linen manufacturers, reference to statutes as to, N. 179, p. 382. 
 
 Little-goes, keeping, &c. office for, 362 ; see " Addenda et Errata." 
 
 Loan societies, enforcing payment of promissory notes due to, 872. 
 
 Lodging-Houses, Common (Summary Convictions), pp. 360—362; lodging- 
 house keeper offending against provisions of acts, O. 1 ; not giving 
 notice of fever, &c. to medical officer, O. 2 ; offending against bye- 
 laws or regulations made by justices or local authorities, O. 3, p. 362. 
 Notes: by whom acts are to be executed, and interpretation of term 
 "common lodging-house," N. 157, p. 360; making regulations and 
 how penalties proceeded for, N. 158, p. 362. 
 
 Lodging-Houses, Common (Petty Sessions matters) : notice to keeper from 
 justices, 872 ; authority to make regulations respecting cleanliness, 
 &c., of, 872. 873. 
 
 London, reference to acts as to the city and metropolis generally, 873 — 877. 
 
 Loom, damaging silk, &c., in the, O. 225, p. 754. 
 
 Lord's Day, see " Sunday." 
 
 Lotteries, 362; keeping office for, O. 1, 2; persons on premises and aiding, 
 O. 3 ; employing a person in such transactions, O. 4; justices' juris- 
 diction doubted, N. 160 ; see " Addenda et Errata." 
 Lunatics (summary convictions), 364, 366. 
 
 I. As to County or Borough Asylums, 364 ; offences by officers of asylums, 
 O. 1 — 9 ; offences by medical officers of union or parish, O. 10, 11, 
 p. 366 ; by overseers, 0. 12, 14 ; by relieving officer, 0. 11, 13, 14 ; by 
 clerk to guardians, O. 10, 12 ; by constables, 0. 11, 13 ; by physicians, 
 &c., O. 18. 
 IL As to Private Asylums, p. 366; offences by officers of asylums, O. 19 ; 
 by physicians, O. 20; by other persons, O. 21. 
 (indictable), offences by officers of asylums, &c., and physicians and sur- 
 geons, O. 219—223, pp. 752, 754. 
 (Petty Sessions matters), 877. 
 
 I. As to Pauper Lunatics : their apprehension and removal to 
 asylum, 877 ; their settlement, expenses of removal, and main- 
 tenance, 879. 
 II. As to Wandering Lunatics ; their apprehension and removal to 
 asylum, 883; expenses of maintenance, &c., 884. 
 
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Index. 997 
 
 Lunatics — continued. 
 
 (Petty Sessions Matters) — continued. 
 
 in. As to Lunatics not under proper Care or cruelly treated : their 
 apprehension and removal to asylum, 884 ; costs of maintenance, 
 &c., out of lunatic's property, 885, 886. 
 IV. As to Appeals against Orders, 887. 
 V. Removal, Discharge, Escape, ^c. of Lunatics, 887, 888. 
 VI. As to Private Patients, 889. 
 VII. Justices as Visitors of Asylums, 889. 
 VIII. Insane Prisoners, §90, 
 
 M. 
 Machinery, damaging, O. 225, p. 754s riotously demolishing, O. 308, p. 774. 
 Mackerel, may be cried and sold on a Sunday, N. 256, p. 489. 
 Magistrate, see "Justice;" jurisdiction of, see "Jurisdiction of Justices." 
 Mahomedans, how sworn, 65. 
 Maiming cattle, O. 65, p. 716 ; oustom-house officers, O. 314, p. 776. 
 
 Maintenance of family pr bastard child, refusing or neglecting, O. 1, p. 526; of 
 
 relations and lunatic wife by husband, 918, 91 p. 
 Maintenance (indictable), of suits or quarrels of others, O. 224, p. 754. 
 Malicious injuries (punishable summarily), 368, 370. 
 
 I. To Trees, Plants, Fences, Sfc, 368 j damagitig trpes, saplings, shrubs, or 
 underwood, wheresoever growing, to amount of 1*. at the least, O, 1, 
 2 i plants, fruits, &c. in any garden, orchard, nursery ground, hot- 
 house, greenhouse or conservatory, O. 3, 4; any cultivated root or 
 plant growing elsewhere, O. 5, 6 ; any offence of any description, or 
 any wall, stile or gate, O. 7, 8, p. 370. 
 II. To any other Property, 370; damaging any real or personal property, 
 not before provided for, O. 9. 
 III. Accessories, 370 ; aiding, abetting, counselling or procuring the com- 
 mission of any of the offences, O. 10. 
 
 Malicious injuries, punishable on indictment at the quarter sessions and 
 assizes, O. 225, p. 754, to O. 244, p. 756. 
 
 Maliciously killing, maiming or wounding cattle, O. 65, p. 716. 
 
 Malt, hindering free sale or conveyance of, O. 5, p. 234. 
 
 Malt-house, setting fire to, 0. 14, p. 706 ; riotously demolishing, 0. 308, p. 
 
 774. 
 
 Management of business generally at benches of magistrates, 50ttt54. 
 
 Mandamus to justices out of sessions, when it will issue, 34, 35 ; when it will 
 not issue, 35, 36 ; the proceedings to obtain the writ, 37 ; showing 
 cause against the rule for, 37 ; rule substituted for ^ mandamus in 
 certain cases, 38. 
 
 Manslaughter, O. 245, p. 758. 
 
 Man-traps and spring guns, setting or permitting same, O. 321, p. 776. 
 Manure, laying upon highway, O. 62, p. 336 ; the like, on turnpike road, O. 
 96, p. 520. 
 
 Manufactures, &c., 370—382. 
 
 I. As to Artificers, Miners, Manufacturers, Sfc, 370— 372 ; paying wages in 
 other than current coin, O. 1 — 3 ; to what trades the Truck Act ap- 
 plies, N. 169, p. 372 ; colliers or miners not working according to 
 contract, or refusing to fulfil same, O. 4 — 6, p. 372 ; staking coal, &c. 
 in a fraudulent manner, O. 7, 8 ; removing, 8tc. iron-stone, &c. with 
 intent to defraud, O. 9. 
 
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998 Index. 
 
 Manufactures, &c.— continued. 
 
 II. As to workmen in the Cotton, Fustian, Hat, Linen, Woollen, Flax, Hemp, 
 Mohair, Silk, Fur, Leather, or Iron Manufactures, and Dyers, 374 — 
 378 ; embezzling, &c. materials, tools, &c., 0. 10 — 13 ; refusing in- 
 spection by owner, 0. 14 ; receiving materials in fictitious names, &c., 
 O. 15, 16; carriers designedly delivering materials to wrong person, 
 O. 17; selling materials, O. 18—20; buying or receiving materials 
 from workmen, O. 21 — 23, p. 376 ; having such materials, O. 24, 25 ; 
 dyeing, &c. or procuring materials to be dyed without consent, O. 26 
 — 29, pp. 376, 378; neglecting, &c. workfor eight days, 0. 30; taking 
 in work whilst first unfinished, O. 31, 32. 
 
 III. As to Workmen in the Cotton, Flax, Linen, Mohair, Silk, or Woollen Hosiery 
 
 Manufactures, 378, 380; pawning, &c. materials, O. 33 — 36; not re- 
 turning materials, O. 37 ; purchasing or taking same in pawn, O. 38 ; 
 other persons selling or pawning them, O. 39, 40, p. 380 ; not finish- 
 ing work or returning materials, O. 41—43 ; damaging materials, O. 
 44; neglecting to fulfil contract, O. 45, 46 ; receiving materials in fic- 
 titious name, O. 47 ; effacing marks on frames, &c., O. 48 ; refusing 
 inspection of workshops, O. 49. 
 
 IV. As to certain Trades in particular, 382 ; reference to the trades and 
 
 statutes relating thereto, N. 179. 
 V. Regulations as to Mines, 382 ; employing females in, O. 50, 51 ; male 
 under ten, O. 52, 53, taking apprentice under ten, &c., O. 54 ; parent 
 misrepresenting age, O. 55 ; paying at public house, &c., O. 56 ; allow- 
 ing person not above fifteen to have charge of engine, O. 57. 
 
 Manufacturers of anchors, not placing their name, &c. thereon, O. 153, p. 418. 
 
 Mare, ill-treating, see "Cruelty to Animals;" stealing, O. 64, p. 716 ; malici- 
 ously killing, maiming or wounding, O. 65, p. 716. 
 
 Marine stores, offences by dealers in, O. 148 — 152, p. 418. 
 
 Marines, see "Navy, Seamen in Her Majesty's." 
 
 Markets and fairs, various offences under the Consolidation Act relating to, O. 
 1 — 19, pp. 384, 386 ; matters before justices in petty sessions, 890, 
 891. 
 
 Married woman, see "Feme Coverte." 
 
 Master liable on summary conviction for act of servant, 101. 
 
 Master and Servant (Summary Convictions), 386 — 392. 
 
 I. As to false characters of Servants, 3S6, 388 ; personating master and giving 
 a false character, O. 1 ; pretending that servant was hired, O. 2, 3 ; 
 pretending that servant was discharged at other than correct time, O. 
 4, 5 ; servants falsely pretending to have served, using a false cha- 
 racter, or altering a character, O. 6 — 9, p. 388. 
 II. As to misbehaviour by Servants in husbandry, 8(c. and Masters, 388 — 392 ; 
 repetition of offence of absenting after being imprisoned, N. 184, 
 p. 388 ; what servants, &c. or contracts within the acts, N. 185, p. 391 ; 
 servants misbehaving, &c., O. 10, p. 388; not commencing contract, 
 O. 11, p. ;;90; absenting before completion of contract, O. 12; or ne- 
 glecting to fulfil contract or guilty of misconduct, O. 13, 14; the like, 
 under 6 Geo. 3, c. 25, O. 15, 16, p. 392; ill-usage by master, O. 17. 
 
 Master apd Servant (Indictable offences): refusing or neglecting to provide 
 servant or apprentice with necessary food, &c., or assaulting them, 
 O. 310, 311, p. 774. 
 
 Master and Servant (Petty Sessions) : recovery of wages from master, 891; 
 contracts and servants within act, 892, 391 ; proceedings and time, 
 891, 892. 
 
 Master of a ship, offences by, O. 1—72, pp. 392—404; recovery of wages of, 
 941 ; delaying ship's letters, see "Post Office." 
 
 Master of union workhouse, offences by, O. 29—36, p. 450 ; assaults on (indict- 
 able), O. 39, p. 710. 
 
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Index. 999 
 
 Measures and weights, see "Weights and Measures." 
 Medical examination of lunatics, 877, 878, 883, 885, 889. 
 Menaces, demanding money, with, O. 203, p. 750 ; sending letter to that effect, 
 O. 212, p. 752. 
 
 Merchant Shipping (Summary Convictions), 392 — 418. 
 
 I. Offences by Masters of Ships, O. 1—72, p. S92— 404. 
 
 Notes: definition of terms in Merchant Shipping Act, 1854, N. 186, p. 
 392 i time of proceeding — provisions of Jervis's Acts— service of 
 summonses on board ship, N. 187, p. 393 ; what justices — where offence 
 deemed to have been committed — offences on board ship, at sea, or in 
 foreign port, N. 188, p. 393 ; appeal, N. 189, p. 392; as to Lascars, 
 N. 190, p. 404. 
 II. Offences hy Seamen, 0. 73 — 82, pp. 404—408. 
 
 Notes : Miscellaneous provisions, N. 191, p. 405 ; when seamen justified 
 in not going to sea in unseaworthy ship, N. 192, p. 406. 
 
 III. Offences by Owners of Ships, O. 83—86, p. 408. 
 
 IV. Offences by Pilots and other Officials, O. 87, p. 408, to O. 98, p. 410. 
 V. Offences by other persons, O. 99, p. 410, to O. 153, p. 418. 
 
 (Indictable) : Offences by masters of ships, O. 246, p. 758 ; offences by 
 pilots, shipping masters, &c., O. 247, 248, p. 758 i other offences, 
 O. '248—251, p. 760. 
 
 (Petty Sessions Matters) : Revising lists of voters for members of local 
 marine board, 892 j recovery of pilotage dues, 892 ; recovery of ex- 
 penses of abating false lights prohibited, 892, 893 ; detention of cer- 
 tificate of registry of ship, 893 ; see further " Seamen," "JVreck and 
 Salvage." 
 
 Metropolis, magistrates of, 54 ; appointment of clerks to magistrates of, 84 ; 
 reference to acts relating to, 873 — 877. 
 
 Milestones, destroying. Sic. on highways, O. 56, p. 336 ; the like, on turnpike 
 road, O. 104, p. 522 ; on railways, O. 36—38, p. 464. 
 
 Military law (summary convictions), 418 — 422 ; recruit concealing former dis- 
 charge or infirmity, or making false representations, O. 1 — 3 ; denying 
 belonging to militia, O. 4, 5, p. 420 ; fraudulently confessing to be a 
 deserter, O. 6 ; soldiers entering house on pretence of searching for 
 deserters, or giving orders to do so, O. 7, 8 ; constables billeting on 
 house not liable, refusing to billet, &c., O. 9 — 14; refusing to provide 
 carriages, O. 15; personating soldier for obtaining a. billet, O. 18 j 
 detaining, purchasing or having possession of soldier's clothes, &c., 
 O. 19 — 22, p. 422; see " Alehouses." 
 
 (Indictable), pp. 724 — 726; apprentice enlisting, and denying that he is 
 one ; recruits making false representations, and fraudulently confessing 
 desertion, O. 107—109. 
 
 Swearing in recruits, 893 ; payment of smart money, 893 ; committal of 
 deserters, 893 ; extension of furlough, 894 ; licences of canteens, 
 894; apprentices enlisting, 894; wages of servants enlisting, 894. 
 
 Militia, 422 : 
 
 fraudulentre-enlistment by militia volunteer, 0. 1 ; absenting from training 
 or deserting, O. 2 ; persuading militiaman to be absent from duty, O. 
 3 ; buying. Sec. clothes, Sic. of militiaman, O. 4; committal of militia- 
 man deserting, 894. 
 
 Mill, setting fire to a, O. 14, p. 706 ; riotously demolishing, O. 308, p. 774. 
 
 Mill-pond, destroying dam of, O. 236, p. 756. 
 
 Mine, stealing or removing ore from, O. 197, p. 748 ; damaging a mine by 
 flooding, or airway, Sic, O. 233, p. 756. 
 
 Ministerial authority of justices, 2. 
 
 Minute of adjudication, in summary convictions and orders, to be made, 147 ; 
 minute of orders to be served before enforced, 133, 148, 182 ; form, 182. 
 
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1000 Index. 
 
 Miscarriage, administering drugs, &c. to procure, O. 3, p. 704. 
 Misdemeanors, indictable, justices may grant process against accused for any, 
 
 611 ; taking bail in, for the accused, 679 ; allowance of the costs of 
 
 prosecution in certain misdemeanors, 688. 
 
 Misprision of felony, O. 130, p. 730. 
 
 Money found on the accused in indictable offences may be applied to payment 
 of expenses of conveying him to gaol, 686. 
 
 " Month," meaning of a, 96, 146. 
 
 Moravians, affirmation by, instead of oath, 65. 
 
 Murder, 0. 253, p. 760 ; see '■'Attempts to Murder, Sfc" 
 
 Mutiny, inciting to, 760 ; see " Military Law." 
 
 N. 
 
 Name to be over door of beerhouses, O. 19, p. 240 ; over door of houses of 
 dealers in game, 0. 36, 37, p. 300 ; of horse slaughterers, O. 1, p. 338 ; 
 of hawkers on their packages, O. 1, p. 562. 
 on waggons, see " Highways," " Turnpike Roads." 
 
 Naturalization of aliens, secretary of state's regulations as to, 805. 
 
 Naval coast volunteers, offences as to, O. 1 — 6, pp. 422, 424 ; deserters from, 
 895. 
 
 Navigable rivers and canals, 424 ; persons found on, with tube, &c. for con- 
 veying liquor, &c., O, 1 ; attempting to obtain liquor, O. 2 ; piercing 
 casks, &c. with intent to steal liquor, O. 3 ; drinking, spilling, &c. 
 same, O. 4. 
 appointing constables on, 823. 
 
 Navy (marine forces), 424 ; offences by recruits on enlisting, &c., O. 1 ; frau. 
 dulently confessing to be a deserter, O. 2 j forcibly entering a dwell- 
 ing-house for deserters, O. 3 ; offences by constables in respect to 
 billeting, O. 4; purchasing or having possession, &c. of seamen's 
 clothing, O. 5. 
 swearing recruits, committal of deserters, &c., 895, 896. 
 
 Navy, seamen in her Majesty's, offences as to, 424, 426 ; deserters, 896, 897. 
 
 Negativing exemption, exception, &c. of a statute in an information or com- 
 plaint, 106 ; need not be proved by prosecutor, 138. 
 
 Neglect of duty as a peace officer, see " Constables." 
 
 Net, using to take game, see " Game ;" to take salmon, see "Fisheries." 
 
 Newspapers and pamphlets, see " Printers." 
 
 Night time, in night poaching, N. Ill, p. 302, and N. 28, p. 742; in burglary, 
 
 N. 11, p. 715. 
 Night poaching (summary), 302 ; (indictable), 742. 
 
 Note, promissory, forging, O. 134, p. 730 ; stealing, O. 181, p. 746 ; recovery 
 of amount of, due to loan society, 872. 
 
 Notice of action against justices, 29. 
 
 Notice to complainant of adjournment where defendant apprehended before 
 appointed time of hearing, 119. 
 
 Notices of recognizance in summary convictions and orders, 121 j in indictable 
 offences, 649, 677, 684. 
 
 Nuisances on highways, O. 40, p. 332, to O. 67, p. 338 ; on turnpike roads, O. 
 
 65, p. 514, to O. 113, p. 524. 
 Nuisances, indictable, O. 251, p. 760. 
 
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Index. 1001 
 
 Nuisances (summary convictions), 426 — 430 1 
 
 Not abating nuisance, 0. 1 ; acting contrary to order of prohibition, O. 2 ; 
 having unwholesome meat, &c., O. 3, p. 428 j carrying on noxious 
 trades, O. 4 ; permitting overcrowding of house, O. 5 ; obstructing 
 act, O. 6, 7 J occupier not complying with justice^' order to permit 
 execution of works, O. 8 j obstructing persons acting under the 
 Diseases Prevention Act, O. 9, p. 430 j violating regulations of the 
 general board of health, O. 10. 
 
 Nuisances (petty sessions matters): repeal of former acts, 897 ; the local autho- 
 rity in the several districts, 897, 898 ; vyhat are nuisances under the 
 act, 898 ; powers of local authority, 899 ; preliminary to the procedure 
 before justices, 899 ; procedure before justices, 899 ; order for abate- 
 ment of nuisance and prohibition against future nuisance, 900, 901 ; 
 nuisances arising in cases of noxious trades, 428, 901 ; overcrowded 
 houses, 901 ; justices' order to admit local authority or person to 
 enter, 901 j costs of proceedings and works, and their recovery from 
 owners, &c., 902, 903 ; expenses not recovered from owners, 903 ; 
 services of notices, Sic, 904 ; appeal, 904 ; medical expenses for ser- 
 vices on board a ship, 904. 
 
 Number of justices necessary in certain cases, 6, 126, 166. 
 
 Nursery ground, see " Conservatory." 
 
 Oath, justices' power to administer, 62, 63 ; mode of administering, 63 ; of 
 Jews, Scotch witness, Mahomedans, Roman Catholics, Peers, Quakers, 
 Moravians, Separatists, Gentoo, Chinese, deaf and dumb persons, 64, 
 65, 66 i on hearing of information or complaint, 63, 98 ; form, 64 ; to 
 service of summons, 173; on obtaining a summons for a witness, 122. 
 in indictable offences, on taking information, 603; of service of summons, 
 613 ; of witnesses on hearing of charge, 655 ; to obtain a summons for 
 a witness, 649. 
 of constables on appointment, see " Constables." 
 
 Oaths, false, before justices in special or petty sessions, 68; taking or admi- 
 nistering oath to commit ffelony, &c.,. O. 255—257, p. 762; justice 
 administering voluntary, O. 258, p. 762 ; justices' power to administer 
 oaths, 904, 905 ; declaration in lieu of oath, in what cases to be taken, 
 905, 906, 907 ; form of declaration, 908. 
 
 Objections, none allowed to informations or complaints in summary convictions 
 and orders, 98 ; or in indictable offences, 606 ; nor to summonses, 98, 
 613, 614; nor to warrants, 114, 613, 614; but may still be made to 
 convictions and orders, and subsequent proceedings, 138. 
 
 Obliterating records, 0. 184, p. 746. 
 
 Obscene books or prints, justices may grant warrant to search for, 908, 909, 
 910; exposing to view (indictable), O. 178, p. 744; procuring, &c. 
 obscene prints an indictable offence, N. 30, p. 744; (summary con- 
 viction), O. 12, 13, p. 530. 
 
 Observations by accused during examination, to be taken down, 657. 
 
 Obstructing constables, see " Constables." 
 
 officers of customs in prevention of smuggling, O. 316, p. 776. 
 
 Obstructing highway, O. 64, p. 336 ; turnpike road, 0. 71, p. 516 ; watercourse 
 near tiurnpike road, O. 89, p. 518. 
 
 Obtaining money, &c. by false pretences, O. 128, p. 728 ; attempting to do so, 
 O. 129, p. 730. 
 
 Occupier killing game, or giving permission to any other person so to do, 0. 43, 
 44, p. 300; when entitled to the game, N. 109, p. 302; as to killing 
 hares and coursing, N. 100, p. 294 ; registering authority under Killing 
 Hares Act, 845. 
 
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1002 Index. 
 
 Offence; stating in information in summary convictions, 103 — 108; time and 
 place of, 103, 104; on the same or different days, 103 ; second or sub- 
 sequent offence, 108, 142 ; hearing, where the offence is joint or several, 
 129 ; doubts about joint and several offences, 145, H6. 
 
 Offences in gaols, see " Gaols and Houses of Correction." 
 in workhouses, see "Poor." 
 
 Offences within the provisions of 11 & 12 Vict. c. 43, pp. 218 — 542. 
 not within that act, pp. 546—578. 
 
 Offences punishable under the Criminal Justice and Juvenile Offenders Acts, 
 581. 
 
 Offenders liable on summary convictions, 100—102; minors, for not com- 
 pleting contracts, 101 ; and N. 184, p. 388 ; aiders or abettors, coun- 
 sellors or procurers, in the commission of any offence, 102. 
 
 Offenders liable for indictable offences, 606, 607, 609. 
 
 Office, refusing to execute, O. 96, p. 722 ; buying or selling, or soliciting for 
 money, O. 259, p. 762. 
 
 Officer, peace, assaulting, in the execution of his duty (summary conviction), 
 see " Constables;" (indictable), O. 38,42, p. 710 ; costs on prosecution 
 for, 688. 
 
 Officers of the army, killing or taking game, 0. 13, p. 296, see " Military Law." 
 
 Open court in summary convictions and orders, 127 ; not in indictable offences, 
 653. 
 
 Opposing making of proclamation, in case of riot, O. 307, p. 774. 
 
 Orchard, see *^- Conservatory," 
 
 Order of taking business at petty sessions, 51. 
 
 Order (general) upon a complaint; distinction between a conviction and an 
 order, N. 1, p. 89 ; forms of orders for payment of money or otherwise, 
 (K. 1 to K. 3), 151, 156; in all cases, costs on, 148; before order en- 
 forced, copy of minute of it to be served, 148, 182; how enforced, see 
 '* Enforcing Convictions and Orders." 
 
 Order of dismissal of an information or complaint, 132; form, 134; certificate 
 thereof, 132 ;/orm, 134. 
 
 Order on county treasurer for costs of conveying defendant to prison, 187 ; the 
 like, in indictable offences, 686; form, 687. 
 
 Orders, objections may still be taken to, 138. 
 
 Orders, disobeying, see " Justices' Order." 
 
 Ore, stealing or removing from mines, 0. 197, p. 748. 
 
 Outhouse, setting fire to, O. 14, p. 706. 
 
 Overseers, 430 ; neglecting provisions ot Parochial Constables Act, O. 1 — 4 ; 
 Jurors Act, 430; Lunatic Act, see " Lunatics;" offences as to beer- 
 houses, O. 20—24, pp. 240, 242; see "Dead Bodies," "Poor." 
 
 Overseers, appointment of, for parishes generally, 795 ; for extra-parochial 
 places, 796, 797 ; allowance of accounts of, not in unions, 797 ; re- 
 covery of union contributions from, 798, 799 ; recovery of balances 
 found by union auditor from, 919. 
 
 Owners of ships, offences by, O. 83—86, p. 408. 
 
 Ownership of property, how described in information or complaint, 107, 616, 
 
 Oxen, ill-treating, see " Cruelty to Animals." 
 Oysters, stealing or dredging for, O. 187, 188, p. 748. 
 
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Index. 1003 
 
 P. 
 
 Packages of hawkers to be marked, 0. 1, 2, p. 562, 
 
 Pales in a fence, stealing, &c., O. 23—25, p. 356 ; damaging, O. 7, 8, p. 370. 
 
 Pardon in summary convictions for a first offence under Larceny and Malicious 
 Injuries Acts, N. 145, p. 350. 
 
 Parent of juvenile detained in a reformatory school to contribute to mainte- 
 nance, 935 — 937 i the like, when detained in an industrial school, 863, 
 864. 
 
 Parish apprentices, offences as to, see " Apprentices." 
 Parks,' see " Larceny," " Malicious Injuries." 
 
 Partners, property of, distrainable for penalty, 177 i for parochial rates, 933; 
 N. 5 J how property of, described in informations, 107,' 616, 617. 
 
 Partridge, killing out of season, O. 23, p. 298 ; see " Game." 
 
 Passengers' ships or passengers' steamers, see " Merchant Shipping," " Ships' 
 
 Passengers." 
 Passengers by railways, practising frauds, O. 43 — 46, p. 464. 
 
 Pauper lunatics, see " Lunatics." 
 
 Paupers, chargeable to common fund or parish in union, and committing 
 offences in a workhouse, where to be committed by justices, N. 216, 
 p. 452. 
 
 Paving, &c. towns, see " Towns Improvement Act." 
 
 Pawnbrokers, 430 — 437; who are deemed to be pawnbrokers, N. 198, p. 430 i 
 who to prosecute pawnbrokers, N. 199, p. 432 ; appeal clause, N. 200, 
 p. 432 ; rates of interest allowed to be taken by pawnbrokers, N. 202, 
 p. 433. 
 I. Offences by Pawnbrokers, 430 — 434 ; not attending summons with books, 
 &c., O. 1, 2 ; taking in unfinished goods, O. 3, p. 432 ; refusing to 
 deliver up pawned goods, O. 4 ; taking more than legal interest, O. 5 ; 
 refusing copy of pawn ticket, &c., O. 6 ; selling pawn before a year, 
 O. 7, 8 ! purchasing pawns, &c., O. 9 — 1 1, p. 434 ; taking pledges from 
 persons under twelve, or intoxicated, 0. 12 ; not keeping books, or not 
 giving a ticket to pawner, as directed, O. 13 ; buying or taking pawns 
 at unlawful hours, or carrying on trade on prohibited days, O. 14 — 18 ; 
 not having board over door, O. 19 j not exhibiting a table of interest, 
 O. 20 ; taking pledge without giving a duplicate, &c., O. 21, 22 ; buy- 
 ing, &c. parish goods, O. 49 — 52, p. 454. 
 II. Illegal pawning, forging duplicates, Sfc, i36 ; pawning without authority, 
 O. 23, 24 ; forging, uttering, &c. pawn tickets, O. 25—27. 
 Observation on unlawful pawning, restitution of goods unlawfully pawned, 
 &c., N. 204, p. 436. 
 
 Pawnbrokers, not taking out licence, 564. 
 
 Pawnbrokers (petty sessions): may be summoned to produce books, 910 j 
 search warrant granted for goods illegally pawned, 910, 911 ; search 
 for unfinished goods illegally pawned, 912; satisfaction to owner of 
 goods of less value, 913; lost duplicates, &c., how remedied, 914. 
 
 Payment, part, of penalty, cannot be taken, 169. 
 
 Peace, sureties for the, when may be required, 947, 948. 
 
 Peace officers, see " Constables." 
 
 Pedler, see " Hawkers and Pedlers." 
 
 Penal servitude, abstract of acts, as to, 700, 701, 702. 
 
 Penalties, Sic, not to be taken in part, 162 ; to be paid to justices' clerk, 190; 
 application of, in general, 188; in boroughs, 188; in counties, 189, 
 190. 
 
 Pensioners, relief to, from poor rate, 918. 
 
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1004 Index. 
 
 Perjury before justices in petty or special sessions, justices to commit offender 
 at once, and order prosecution, 68. 
 
 Perjury, and subornation of perjury, at common law and by statute, punishment 
 for, 0. 260—262, pp. 762, 764.; mode of prosecution for perjury, N. 41, 
 p. 762. 
 
 Person, indecently exposing, O. 14, p. 530; (indictable), O. 177, p. 744; rob- 
 bery from the person, O. 198—202, pp. 748—750. 
 
 Personation of soldiers, sailors, bail, owners of stock, &c., O. ^63 — 265, p. 764. 
 
 Petty sessions, divisions of county fqr, 45 ; lyhat is a petty session, 45 ; borough 
 sitting a, 45 ; where held, 45, 46 ; procuring places for holding, 46, 47 ; 
 order of business at, 51. 
 
 Petty session, clerks of, to receive and apply penalties and sums, 52, 190; to 
 render monthly account, 52, 191. 
 
 Pheasants, killing out of season, 0. 24, p. 298 ; see " Game." 
 
 Pictures, exhibiting indecent, see " Indecency ;" damaging in a church, &c., 
 O. 243, p. 756. 
 
 Pigeon, killing, wounding, taking, O. 14, p. 354; when a larceny at common 
 law, N. 151, p. 353. 
 
 Pilots, offences by, Q. 87—96, pp. 408, 410. 
 
 Piracy, at common law, O. 266, p. 764; the like, and assaulting, &c., with 
 intent to murder, O. 267, p. 764; by statute, N. 42, p. 764. 
 
 Pistol, firing off, near highway, see " Gun." 
 
 Place of committing offence, stating, not material if within jurisdiction, 98 ; of 
 hearing, must be public, in sumpiary convictions and orders, 127 ; but 
 not in indictable offences, 653. 
 
 Plants, stealing, damaging, &c., sep " Larceny ;" " Malicious Injuries." 
 
 Plantations, setting fire to, 0. 19, p. 706. 
 
 Playing on highway, 0. 47, p. 334. 
 
 Plays and players, see " Tfieatres ;" granting licence to, 802, 803. 
 
 Pleasure grounds, see " Larceny ;" " Malicious Injuries." 
 
 Plumage of stolen birds, having, 0. 13, p. 354. 
 
 Poaching, see " Game.' ' 
 
 Poison, administering, to procure abortion, 0. 3, p. 704; with intent to murder, 
 O. 44, 45, p. 712 j laying, to kill game (summary), 0. 14, 15, p. 296. 
 
 Police, see " Constables." 
 
 Police of Towns, various penalties under this Consolidation Act, O. 1, p. 436, 
 to O. 35, p. 442 ; matters before justices in petty sessions, 915. 
 
 Polygamy, see " Bigamy." 
 
 Ponds breaking down the dam of, O. 236, p. 756. 
 
 Poor (Summary Convictions), 442 — 454: 
 
 I. Offences by Overseers, ^c, 442 — 450 ; authority from guardians to proceed, 
 N. 205, p. 442 ; neglecting duty, O. 1 ; disobeying orders, &c. of 
 justices, O. 2; the like, of guardians or commissioners, &c., 0. 3-7, 
 p. 444; definition of" ofiicer of union," N. 207, p. 444; neglecting to 
 make or collect rates, or to pay same to guardians, O. 8 ; neglecting to 
 make up accounts for audit, altering, refusing inspection, &c., 0. 9— 1 1, 
 p. 446 ; neglecting to affix notice of audit, not attending audit, pro- 
 ducing accounts, or signing declaration, O. 12 ; disobeying justice's 
 order for temporary relief, O. 13; embezzling money, &c., O. 14; 
 furnishing goods to union, O. 15 ; receiving money, or interfering as 
 to bastards, O. 16—18 ; deriving profit from pauper's burial, O. 19 ; 
 making an illegal payment from parish funds, O. 20, 21, p. 448; 
 refusing paupers under orders of removal, O. 22 ; unlawfully re- 
 moving paupers tc another P«igl>,^,j2ft»^6 ; refusing inspection of 
 rates, O. 27f iiijuring paVistf'mk'srSfcJpO. 28, p. 450. See also 
 "Overseers;" "Constables;" "Lunatics." 
 
Index. 1005 
 
 Poor (Summary Convictions) — continued. 
 
 II. Offences by JVorlchouse Masters, 450 ; authority from guardians to pro- 
 ceed, N. 205, p. 442 ; ordering spirits to be brought into workhouse, 
 &c., O. 29, 30; punishing adult persons corporally, O. 31, 32; ill- 
 treating paupers, &c., O. 33 — 35 ; omitting to hang up rules, O. 36. 
 III. Offences in Workhouse, 452, 454 ; authority from guardians to proceed, 
 N. 205, p. 442 ; commitment to what gaol, N. 216, p. 452 ; bringing 
 spirits into, &c., O. 37, 38 ; embezzling, &c. clothing, &c., O. 39—41, 
 paupers misbehaving, refusing to work, &c., O. 42 — 44 ; occasional 
 poor refusing to work, destroying own clothes or property of guardians, 
 O. 45 — 47, p. 454 ; absconding with clothes, &c., O. 48 : description 
 of the offences against workhouse rules of commissioners, N. 217, 
 pp. 453—455. 
 IV. Other Offences, 454; buying parish goods, O. 49 — 51 ; defacing marks 
 on, O. 52 ; persons guilty of malpractices at election of guardians, 
 O. 53. See " Vagrants." 
 Poor (indictable) : parish officer promoting marriage of mother of bastard child, 
 
 O. 267 a, p. 766. 
 Poor (Special Sessions Matters) : appointment of overseers for parishes gene- 
 rally, 795 J for extra parochial places, 796, 797 ; verification of over- 
 seer's accounts when parish not in union, 797 ; recovery of union con- 
 tributions from overseers, and proofs required, 798, 799 ; appeals 
 against parochial rates, 799 — 802. 
 Poor (Petty Sessions Matters) : appointment of assistant overseer, 916 ; removal 
 of poor, 916; as to relief, 917;' attaching Wages, 917 ; relief to out- 
 pensioners, 918; recovery of poor-houses, 918; maintenance of rela- 
 tions, 918; of lunatic married women, 918, 919; overseers not ac- 
 counting, 919; recovery of balance found by union auditor to be due 
 from overseers, 919; allowance of rates, 920; excusing rates, 920. 
 See " Apprentices.' ' 
 Port, stealing from a vessel in, O. 207, p. 750. 
 Post horses, 564; offences by licensed postmasters, O. 1—4; recovery of post 
 
 horse duties, 920. 
 Posts used as a fence, see "Larceny ;" "Malicious Injuries." 
 Post office; 564 — 570 ; offences as to ship letters, 0. 1 — 5 ; misconduct of persons 
 in conveying letters, O. 6 — 11, pp. 566, 568 ; conveying letters other- 
 wise than by post, 0. 12 — 16, p. 568 ; as to seamen or soldiers' letters, 
 O. 17 — 22 ; writing, &c. in newspapers sent by post, O. 23 — 25, p. 
 570 ; abettors of offences, 0. 26 ; removing postage stamps from letters, 
 &c., O. 27. 
 recovery of postages, 921. 
 indictable offences, O. 268 — 283, pp. 766, 768. 
 Pound, obstructing keeper of a, O. 11, p. 278. 
 
 Poundbreach, 456 ; releasing cattle impounded for being on inclosed land, 
 O. 1 ; damaging pound lock, &c., O. 2 ; the like, on highways, O. 65, 
 66, pp. 336, 338 ; on turnpike roads, O. 107, 108, p. 524. 
 (indictable), O. 124, p. 728 ; O. 284, p. 768. 
 
 Practice on summary convictions and orders, 89 — 214 ; on the preliminary in- 
 quiry in indictable offences, 603 — 698. 
 
 Precept to high constable for convening a special session, 782 ; form of, 783. 
 Preliminary examination, in indictable offences, see "Examination." 
 Pretence of title not to oust justice's jurisdiction, 24. 
 Pretences, false, collecting alms under, 0. 16, p. 530 ; obtaining money, &c. by, 
 
 O. 128, p. 728 ; or attempting to do so, O. 129, p. 730. 
 Printers, 456 ; using type or press without notice, not keeping account of types, 
 
 or not printing name, &c. in book, &c., O. 1 — 5 ; dispersing paper or 
 
 book on which printer's name not printed, O. 6. 
 
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1006 Index. 
 
 Prisoner, statement of, in indictable offences, 661, 662 ; form, 664 ; to pay 
 expenses of conveyance to gaol if able, 686. 
 
 Privy council, offending against orders of, see "Sheep." 
 
 Prize fights, justice's duty as to, 921. 
 
 Proceedings, minutes of, to be taken, 51 ; how regulated before justices, 3. 
 
 Process to issue on information and complaints in summary convictions and 
 
 orders, 112 ; for indictable offences, 611. 
 Proclamation in case of riot, form of, 937 ; opposing the making of it, O. 307, 
 
 p. 774. 
 Procuring commission of offences, see "Accessories." 
 Promissory notes, 458 ; uttering, &c. for a less sum than 20s., O. 1, 2. 
 
 Proof of service of summons in summary convictions and orders, 113 j the like, 
 in indictable offences, 613. 
 
 Property and ownership, how described in summary proceedings, 107 ; in in- 
 dictable offences, 616, 617. 
 
 Property of accused, restoration of, 672, 673. 
 
 Prosecute, binding over parties to, in indictable offences, 673. 
 
 Prosecutions, ordering in certain cases, 671 i cost of, in cases of felony, 687 ; 
 in certain misdemeanors, 688 ; rules and regulations of the secretary 
 of state, 690 — 697 ; forms of examining magistrate^ s certificate, 697 ; 
 order for expenses at Central /Criminal Court, 698. 
 
 Prosecutor, binding him as a witness only when unwilling, N. 1, p. 673. 
 
 Prostitute behaving in a riotous or indecent manner, O. 4, p. 528. 
 
 Prote'ction of justices from vexatious actions ; provisions of Jervis's Act as to, 
 
 27—34. 
 Proviso in a statute, negativing in proceedings, 106, 138. 
 Provoking to fight or send a challenge, O. 66, p. 716. 
 Public service ; embezzlement by persons employed in the, in England or 
 
 abroad, 768. 
 
 Q. 
 
 Quails, trespassing in search or pursuit of, O. 1, 2, p. 290. 
 
 Quakers, affirmation by, 65 ; form of, 65 ; church rates and tithes recovered 
 
 from, 816, 951. 
 Qualification of pardchial constables, 788 ; of jurors, 794 ; of overseers, 795, 
 
 796. 
 Quarter sessions, jurisdiction of, in indictable offences, 675, 676 ; summary 
 
 convictions and orders, to be filed at, 53, 147 ; to make table of fees 
 
 payable to clerks to justices, 84 ; as to appeals to, 191 — 203. 
 Quashing convictions or orders before action brought against justice, 33. 
 Quay, stealing from, or ships there, O. 207, p. 750. 
 Queen ; discharging or aiming, &c. fire-arms at the, O. 285, p. 768 j producing 
 
 gun, &c. near to the queen, O. 286, p. 768. 
 
 Queen's forests, trespassing in search or pursuit of game in, O. 4, 7, 10, p. 
 294. 
 
 R. 
 
 Rabbits, see "Conies." 
 
 Racehorses, 572 ; owner, trainer, &c. of racehorse omitting to pay duty to re- 
 ceiver, O. 1 ; receiver of racehorse duty neglecting his duty under the 
 act, O. 2, 3. 
 
 Rails used as a fence , QJ9iim<^„l>y'MMffc?o9P§juries." 
 
Index. 1007 
 
 Railways (summary convictions), 458 — 468 : 
 
 I. Offences by Servants of Railway Companies, 458, 460 ; misconduct of en- 
 gine driver, 0. 1 ; committing offence against bye-laws, 0.2 i omitting 
 to do any act whereby life endangered, passage of trains impeded, 
 &c., O. 3 ; aiders, O. 5 ; bookkeeper refusing inspection of accounts, 
 O. 6, p. 460. 
 II. Offences by Companies, reference to sections, O. 7 — 18, p. 460. 
 III. Offences by other Persons, 460 — 468; list of penalties to be hung up 
 before proceedings taken, N. 228, p. 462 ; obstructing inspectors, O. 
 19, p. 460 ; obstructing officers, or trespassing, O. 20, 21 ; aiding 
 offenders, 0. 22 ; injuring board of bye-laws, O. 23—25, p. 462 ; jurors 
 not appearing upon jury, &c., 0. 26 — 28 ; witnesses not appearing, 
 or refusing to be examined, O. 29, 30 j oljstructing construction of rail- 
 way, removing poles, defacing marks, &c., O. 31—33 ; not fastening 
 gate, O. 34 ; owner of mines refusing inspection, O. 35, pulling down 
 toll-boards or mile-stones, O. 36 — 38, p. 464 ; carrier refusing to pro- 
 duce way bills, &o., 0. 39 — 42 ; passengers practising frauds, O. 43 — 
 46 ; may be detained, N. 234, p. 464 ; decision as to what is an evasion 
 of fare, N. 235, pp. 464, 465 ; sending dangerous goods by, O. 47, p. 
 466 i offending against bye-laws, O. 48 i the making and publication 
 of bye-laws, and short statement of the bye-laws of the principal rail- 
 way companies, N. 236, pp. 466, 467 ; using engines without approval, 
 0.49 — 51; using carriages contrary to regulations, O. 52 ; injuring 
 boards of bye-laws or penalties, O. 53 — 55, p. 468. 
 Railways (indictable), 768, 770 ; servants of company guilty of misconduct, O. 
 287 ; doing, &c. any act whereby life endangered or trains impeded, 
 O. 288 ; doing anything to obstruct engine, O. 289 ; throwing, &c. 
 stones, &c. against railway carriage, &c. with intent, &c. O. 290 — 295, 
 p. 770 ; setting fire to railway stations or warehouses, &c. O. 27, 28, 
 p. 708. 
 
 Railways (matters in petty sessions) : correction of errors, &c. in plans, &c. 921 : 
 consents of justices to deviations, crossings, &c., 922 ; disputes as to 
 fences, tolls, water or gas pipes, and occupation of roads and lands, 
 924 ; repair of roads, bridges, &c. by company, 927 ; disputed cases 
 of compensation for lands taken or damage done, 929 ; payment of 
 special constables for railways, 931. 
 
 Rape, O. 296, p. 770; see " Carnally knowing female Children;" "Assaults." 
 
 Rate, county, recovery of, firom unions and parishes, &c., 832, 833. 
 
 Rates, allowance of parochial, and/orm, 920 ; recovery of same, with costs, 931, 
 
 932 ; apportioning, on removal, 934 ; appeal against, to special ses- 
 sions, 799. 
 recovery of rate under General Lighting and Watching Act, 870 ; under 
 
 Public Health Act, 1843.. 848. 
 Rating, scale of, for beerhouses, N. 35, p. 241. 
 Real estate, deeds relating to, forging, O. 135, p. 732; stealing, O. 182, p. 
 
 746. 
 Receipt for a prisoner by gaoler, N. 16, pp. 187, 685 \form, 686. 
 Receiving stolen property (summary), O. 32, p. 358. 
 
 (indictable), O. 297, 298, p. 770. 
 Recognizance (summary convictions and orders) of defendant on adjournment 
 
 of hearing, 118 \farm (E), 121 ; till return of distress warrant, 176. 
 Recognizance (indictable offences) of accused on remand, 647 ; form, 648 j to 
 
 answer indictment, 679 ;/orm, 683. 
 Recognizance of prosecutor and witnesses, 673 ; form, 676 ; witness refusing to 
 
 enter into commitment, &H;form, 677. 
 Recognizance for due observance of rules in theatres, 803 j for sureties to keep 
 
 the peace, 947. 
 Records, stealing, obliterating, &c., O. 184, p. 746. 
 
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1008 Index. 
 
 Recruits, swearing in, for army, 898 i paying smart money, 893 ; the like, 
 for navy, 895i 
 
 Red game, killing or taking out of season, O. 27, p. 298. 
 
 Reformatory schools ; general scope of the Reformatory and Industrial Schools 
 Acts, 157 ; the certifying of schools and cancelling certificates by 
 Secretary of State, 158; counties, &c. may contribute to reformatory 
 schools, 158, 159 ; or may contract with managers of schools for re- 
 ception of offenders, 160; when a juvenile offender can be sent to a 
 reformatory school, 160, 161 ; reformatory need not be named at the 
 time of conviction, 161 ; justices may change name of reformatory 
 before expiration of imprisonment, 161 ; justices may, on application 
 of parent of offender, and on certain conditions, remove offender to 
 another reformatory, 161, 162; governor of gaol to remove offender 
 from it to the reformatory, 162 ; Home Secretary may order removal 
 of offender from One reformatory to another, 163 ; schools may be 
 visited by clergyman, 163; Home Secretary may discharge offender, 
 163; care of offenders when discharged from schools, 163; costs of 
 maintenance of offender in reformatory paid by treasury, 163, 164 j 
 expenses of conveying offender from gaol to reformatory to be paid by 
 county, &c. where sentence passed, 164 ; enforcing contribution from 
 parent of offender, 164 : 
 offences in respect to schools, 165 (summary convictions), 468, 470 ; juve- 
 niles absconding from, 0. 1, p. 468 ; neglecting or refusing to conform 
 to rules of, O. 2 ; wilfully withdrawing a juvenile from school before 
 his discharge, or inducing him to abscond therefrom, O. 3, 4 ; juvenile 
 absconding, &c. from place where placed by managers of school, O. 5 ; 
 harbouring, &c. a juvenile who has absconded from school, O. 6, p. 470. 
 (petty sessions) : enforcing contributions from parents, for maintenance 
 of juveniles in reformatories, 935 - 937. 
 
 Register of summary convictions and orders, N. 46, p. 108. 
 
 Registers of baptisms, &c., 470 ; registering birth after forty-two days, O. 1 j 
 after six months, O. 2 : burying without registrar's certificate, O. 3 ; 
 not duly registering, or losing or injuring the register, O. 4. 
 
 Registers (indictable) ; inserting false entry in register of baptism, &c., or 
 forging, &c. copy, Src, O. 299, 300, p. 772 ; offences under the Mar- 
 riage and Registration Acts, O. 301—304, p. 772. 
 
 Releasing cattle impounded, see "Poundbreach." 
 
 Relieving officer, see offences by overseers, Src. tit. "Poor;" assault on (in- 
 dictable), O. 39, p. 710. 
 
 Remand of defendant in summary convictions and orders, 118 ; of accused in 
 indictable offences on adjournment of preliminary inquiry, 646 j see 
 ^^Recognizance.' ' 
 
 Removal of poor, see "Poor;" of lunatics, see "Lunatics." 
 
 Removing goods to avoid a distress for rent, O. 1, p. 282. 
 
 Rent, charges of distress for, 834; see "Distress;" "Landlord and Tenant." 
 
 Rent-charge, enforcing contribution to, 952. 
 
 Repeal of statutes, by Jervis's Acts, N. 2, p. 89 ; and N. 1, p. 603. 
 
 Replevy of distress for penalties, 177. 
 
 Reply not allowed to complainant, on hearing, in summary convictions and 
 orders, 139. 
 
 Reputed thieves frequenting public places with intent, &c., O. 24, p. 534. 
 Requisites, of jurisdiction of justices in summary proceedings, 25, 26 ; of infor- 
 mation for summary offences, 99 — 108. 
 Rescue, see "Escape, S;c." and "Poundbreach." 
 Residence of justices within jurisdiction not necessary, 8. 
 Resisting apprehensioii, ^e \isiii^;MiQgQ^U^ "Fagrants." 
 
Index. 1009 
 
 Restitution, under the Criminal Justice Act, of property stolen by offenders, 685 ; 
 
 the like, under the Juvenile Offenders Act, 599. 
 Return of constable to a distress warrant, /orm of, N. 4, p. 135. 
 Returning from transportation before expiration of term, O. 113, p. 726. 
 Revenue officer, assaulting, O. 38, p. 710. 
 Revenue, offences relating to, excepted frcim 11 & 12 Vict. c. 43. .91, 544. 
 
 Reward, corruptly taking, as to stolen dogs, 0. 191, p. 748 ; as to stolen property 
 in general, O. 305, p. 772. 
 
 Riding furiously on highway, O. 39, p. 332 ; on footpath on side of highway, 
 O. 46, p. 334 J the like, on turnpike road, O. 45, p. 510. 
 
 Riot, 772, 774; by three or more persons, O. 306 j opposing proclamation or 
 remaining one hour after proclamation, O. 307, p. 774 ; riotously de- 
 molishing buildings, O. 308. 
 The proclamation in case of riot, form, 937 ; what to be read, 937 ; how 
 damage by rioters recoyered from the hundred 794 ; order for closing 
 alehouses in case of riot, 938 ; not obeying such order, 0. 14, p. 222 ; the 
 like, beerhouses, O. 8, p. 238. 
 
 Rivers, see "Navigable Rivers and Canals;" "Malicious Injuries." 
 
 Robbery from the person, and putting in fear, O. 198, p. 748 ; assaulting with 
 intent to rob, O. 34, p. 710 ; robbing and wounding or being armed 
 and using violence, O. 199 — 202, p. 750; upon the high seas, see 
 "Piracy." 
 
 Rogues and vagabonds, who are, and offences by, O. 8, p. 530, to O. 25, p. 
 534. 
 
 Roman Catholics, oath of, 65. 
 
 Roots, see "Larceny ;" **Malicitnts Injuries.'* 
 
 Rubbish, laying on highway, O. 62, p. 336 ; the like, on turnpike road, O. 80, 
 p. 518; O. 96, p. 520. 
 
 Rule to justices to do an act substituted for a mandamus in certain cases, 38. 
 
 Rules and regulations of Secretary of State as to costs of prosecutions in indict- 
 able offences, witnesses, &c., 689 — 697. 
 
 Rules of poor law commissioners, disobeying, O. 3, 4, p. 444 ; not hanging same 
 up in workhouse, &c., O. 36, p. 450. 
 
 Running away and leaving family chargeable, O. 17, p. 530. 
 
 Rural police, see "County Police." 
 
 S. 
 
 Sabbath, see "Sunday." 
 
 Sacrilege, 774; breaking and entering any church or chapel, and stealing 
 therein, O. 309. 
 
 Sailor, see "Seamen." 
 
 Sale, under distress warrant for penalty, &c. power of, 176 j charges for distress 
 and sale of goods, 832. 
 
 Salmon fisheries, see "Fisheries." 
 
 Saplings, see "Larceny;" "Malicious Injuries." 
 
 Scabbed sheep, see "Commons, Sfc.;" "Sheep." 
 
 Scotch witness and Scotch covenantor, oath of, 64. 
 
 Scotland, English or Irish warrants backed in, and vice versd, 12. 
 
 Sea, jurisdiction of the admiralty at, as to offences at, 621 ; justices may grant 
 warrant for offences at sea, 621 ; and take examinations of witnesses 
 as to, 655 ; and commit for trial, 669; what offences at sea are punish- 
 able in this country, 621—623. 
 O. S. , 3 T 
 
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1010 Index. 
 
 Sealing written proceedings of justices, 51. 
 
 Seamen, 470, 472 : 
 
 I. Offences by Seamen in British Ships, 470 j deserting, O. 73, p. 404 ; neg- 
 lecting to join ship, quitting without leave, or disobeying commands, 
 O. 74 — 77, p. 406 ; assaulting master or mate, O. 78 ; combining with 
 others to neglect duty, &c., 0. 79; damaging ship, 0. 80 ; engaged in 
 smuggling, O. 81, p. 408 ; making false statement of name of last ship, 
 O. 82. 
 II. As to Deserters from Foreign Ships, 470: of Portugal, 0. 1 ; of other 
 foreign powers, O. 2, p. 472 ; with what countries treaties exist, and 
 justices to grant warrant, N. 240, p. 472 ; as to Lascars committing 
 acts of vagrancy in this country, N. 190, pp. 404, 405. 
 (As to offences by master of ship in respect to seamen, see Offences 
 Nos. 10— 15, 20—32, 37, 38, 41 and 72, tit. "Merchant Shipping," 
 p. 392, &c.) 
 
 Seamen (indictable), 774; see "Merchant Slapping." 
 
 Seamen (petty sessions) : 
 
 I. Recovery of Seamen's Wages, 938; amount not exceeding 50^, 938 ; who 
 to be defendant, 938 ; evidence, agreement, right to wages, deductions, 
 forfeitures, &c., 938, 939, 940 ; mode of recovery, 940 ; appeal, 940. 
 II. Recovery of Master's Wages, 941. 
 III. Recovery of Allotment Notes, 941, 942. 
 
 Search warrant, for vagrants, N. 275, p. 529 ; for stolen goods, 610, 615, 619; 
 may be granted and executed on a Sunday, 615. 
 
 Season for killing game, O. 23—28, p. 298. 
 
 Secretary of State may order a prisoner to be taken before justices to be ex- 
 amined as a witness, 124, 651; may order discharge of juvenile from 
 a reformatory school, 163. 
 
 Sedition, see "Treason ;" "Printers." 
 
 Seditious meetings, 472; becoming member of society, or aiding same, &c., 
 
 O. 1—3. 
 Separatists, affirmation by, 65 ; form of, 65. 
 Servants, see '' Manufactures, Sfc. ;" " Master and Servant." 
 
 Service of summons on defendant in summary convictions and orders, how, 112 ; 
 on a witness, 123. 
 
 Service of summons on accused in indictable offences, how, 613 ; on a witness, 
 
 650. 
 Sessions, see " Quarter Sessions." 
 
 special, matters to be done at, 782- 803. 
 
 petty, matters to be done at, 804—960. 
 
 Settlement of lunatics, 880, 881, 887, 890 ; of poor, 916, 917. 
 
 Sheep, 472, 474 ; bringing or attempting to bring any sheep, lambs, oxen, &c. 
 infected with disease into a market or fair, O. 1 ; depasturing same in 
 forest, O. 2, p. 474 ; the like offences with respect to horses, O. 3, 4 ; 
 exposing meat unfit for food to sale, O. 5 ; offending against orders of 
 Privy Council, O. 6 ; obstructing person employed under act, O. 7, 8. 
 See further, " Commons, ^c." 
 
 Sheep, illtreating, see " Cruelty to Animals;" stealing or wounding, O. 64, 65, 
 p. 716. 
 
 Ship, setting fire to, 0. 15, 16, p. 706 ; stealing from, 0. 207, p. 750 ; damaging, 
 O. 239, 241, 242, p. 756. 
 
 Ship's ballast, statute as to, 474 ; ship's passengers, see that title ; ship's pilots, 
 
 O. 87—96, pp. 408, 410 ; ship's register, O. 5, 5a, 6, p. 394. 
 Ships, foreign, deserters from, O. 1, 2, pp. 470,472. 
 Shipwreck, stealing bOig&'mfl, gyi MJCrOSOft® 
 
Index. 1011 
 
 Ship's passengers (summary convictions) : 
 
 I. As to Ships in the Home Trade ; see title " Merchant Shipping," p. 392, &c. 
 for offences by masters, owners, pilots, &c. 
 II. As to Steam Ships; see title "Merchant Shipping;" ofiFences by pas- 
 sengers, O. 122, p. 414, O. 128—133, p. 416. 
 
 III. As to Colonial Ships, 476—486 : offences by masters or owners, 0. 1— 40, 
 
 pp. 476-482; offences by passengers and others, O. 41—61, pp. 
 482—486. 
 
 IV. As to Foreign Ships, 4!&6,4:&S: Chinese passenger ships, 0. 62— 64; East 
 
 India ships, N. 252, p. 488 ; other foreign ships, N. 253, pp. 488, 489. 
 Ship's passengers (petty sessions matters) : 
 
 I. Complaints by Passengers, 942; compensation if passage not provided 
 
 according to contract, 942 ; subsistence in case of detention, 943 ; 
 
 return of passage-money in case of passengers relanded on account of 
 
 sickness, 944 ; subsistence money in case of passengers relanded on 
 
 account of sickness, 944; return of passage-money and subsistence in 
 
 case of wreck or damage to ship, 944, 945. 
 TI. Procedure on the above Complaints, 946. 
 III. Granting Passage Brokers and Emigration Runners^ Licences, 946, 947. 
 Shop, breaking into and stealing therein, O. 171, 176, p. 744. 
 Shrubs, stealing, damaging, &c., see " Larceny ," " Malicious Injuries." 
 Signals, false, exhibiting, to bring a ship into danger, O. 240, p. 756; making, 
 
 to smuggling vessels, O. 312, p. 776. 
 Slaughtering, see " Horse Slaughtering." 
 Small pox, see " Vaccination." 
 Smuggling (summary convictions), 544 — 558 ; summary remedy before one 
 
 justice, without information of commissioners of customs, where small 
 
 quantities smuggled, N. 14 a, p. 556. 
 Smuggling (Indictable), 776; making signals to smuggling vessels, 0. 312; 
 
 armed assemblies of three or more for smuggling, O. 313 ; shooting at 
 
 boats or wounding officers, O. 314; in company with others with 
 
 smuggled goods, and disguised, O. 315 ; assaulting officers, O. 316, 317. 
 Snares, see " Game ;" •' Larceny.", 
 Snaring deer, O. 8 — 10, p. 352 ; having snares or engine for taking deer, O. 6, 
 
 p. 352. 
 
 Snipes, see " Game." 
 
 Sodomy, O. 318. p. 776 ; accusing or threatening to accuse of, O. 319, p. 776 ; 
 letter threatening to accuse of, O. 213, p. 752. 
 
 Soldiers, see "Military Law;" soldiers' letters, see "Post Office;" personating, 
 for their prize money, &c., O. 264, p. 764. 
 ^Soliciting to the commission of an offence, O. 320, p. 776. 
 
 Spawn of salmon, see "Fisheries." 
 
 Special constables, appointment of, 821 ; oath of office, 821 ; how long to con- 
 tinue in office, 821 ; justices to make regulations for, 790; determina- 
 tion of their services, 791; order for expenses of, 790 ; offences by or 
 in respect of, O. 24-30, pp. 270, 272. 
 
 Special sessions, what is a, 49; purposes and periods at which holden, 49, 50'; 
 publication of days of holding, 50 ; mode of convening, 782; forms for 
 convening, 783, 784 ; various matters to be done at, 782—803. 
 
 Sporting without certificate, O. 1 — 4, p. 560 ; O. 11, 12, p. 294. 
 
 Sports, unlawful, on Sunday, 0. 4, 5, p. 490 ; what are unlawful, N. 257, p. 490. 
 
 Spring guns and man traps, setting in the day-time, O. 321, p. 776. 
 
 Stabbing, see " Attempts to Murder, 8;e." 
 
 Stable, setting fire to a, O. 14, p. 706. 
 
 Stacks of corn, straw, coals, wood, &c. setting fire to, 0. 18, p. 706. 
 
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1012 Index. 
 
 Stage coaches, offences by owners, drivers, &c., O. 1, p. 572 to O. 27, p. S76 ; 
 length of seat for each passenger, N. 33, p. 574. 
 
 Stage coaches, coachman wantonly or furiously driving, and injuring person, 
 O. 322, p. 778. 
 
 Stamp duty need not be impressed on document given in evidence, 74. 
 
 Stamps, receipt on draft, not giving or cancelling, &c. &c., O. 3, p. 578. 
 
 Statement of offence punishable summarily in information, 103 ; of an indict- 
 able offence, 606, 616. 
 
 Statement of accused in answer to charge of an indictable offence, 661 j admis- 
 sibility in evidence, 661 ; form of statement, 664. 
 
 Stealing, see " Larceny." 
 
 Steam engines, erecting near highway, O. 43, p. 334. 
 
 Stile, stealing, damaging, &c., see " Larceny ;" " Malicious Injuries.'^ 
 
 Stocking frames, refusing to yield up same after notice, 288 ; selling or receiv- 
 ing hired ones, O. 323, p. 778. 
 
 Stolen goods, search warrant for, 615 ; receiving, O. 297, 298, p. 770. 
 
 Stores, marine, see " Wreck and Salvage," 
 
 Subordination of perjury, see "Perjury." 
 
 Subpoena from crown office for witnesses out of jurisdiction of justices to give 
 evidence in summary proceedings, N. 2, p. 122. 
 
 Subsequent felony (not punishable with death and not larceny), after a con- 
 viction for felony, O. 324, p. 778 ; conviction under Criminal Justice 
 Act to have effect of a conviction on indictment, 584. 
 
 Suicide, attempting to commit (indictable), O. 325, p. 778. 
 
 Summary convictions and orders, preliminary observations on 11 & 12 Vict 
 c. 43 . . 89 — 94 ; persons liable to be summarily dealt with, 100. 
 
 Summary jurisdiction for larcenies, 580. 
 
 Summonses (in summary convictions and orders) to defendant, 112 ; form, 115 ; 
 to a witness, 122; form, 124. See "Service." 
 
 Summonses (in indictable offences) to accused, 612; form, 619 ; to a witness, 
 649; form, 651 ; see "Service." 
 
 Sunday, 488, 490 ; trading on, O. 1, 2, p. 488 ; drover, horse courser, waggoner, 
 butcher or higgler, travelling on, O. 3 ; unlawful sports on, O. 4, 5, 
 p. 490 ; what are unlawful exercises and pastimes, N. 257, p. 490 ; 
 how costs recovered, N. 258, p. 490. 
 Search or other warrant may be granted and executed on a, 615. See 
 "Alehouses;" "Beerhouses;" "Game." 
 
 Sureties, 947 ; for the peace, in what cases deraandable and term, 947, 948 ; no 
 costs can be enforced, 949 ; for good behaviour, 949 ; how recognizance 
 estreated, 950, 951 ; sin:render by bail, 951. 
 
 Surrender of accused, charged with an indictable offence by his bail, 683 ; of 
 witness by his surety, 676, N. 3 ; of defendant on surety for the peace, 
 951. 
 
 Surveyors of highways and turnpike roads, offences by, see those titles. The 
 local board of health to execute the office of surveyor, 851, n. 
 
 Swearing, profanely cursing and swearing, three degrees of persons committing 
 offence, p. 490*. 
 
 Swindling, see "False Pretences." 
 
 T. 
 Table of fees to justices' clerks to be made by quarter sessions, 84. 
 Tailors, reference to statutes as to, N. 179, p. 382. 
 Tampering with a viiti£^iiliZS!li,^y7WcrOSOft® 
 
Index. 1013 
 
 Tenant, see " Landlord and Tenant." 
 
 Tender of expenses of witnesses necessary in summary convictions and orders, 
 
 123 ; how tender made, N. 3, p. 123 ; but not in indictable offences, 
 
 650. 
 
 Tent, pitching on highway, O. 58, p. 336 ; the lilfe, on turnpilce road, O. 72, 
 p. 516. 
 
 Theatres, 492 j keeping without licence, O. 1 ; performing in unlicensed house, 
 O. 2 ; acting plays before allowed, or which have been disallowed, 
 O. 3-5; acting prohibited plays, &c., O. 6; act not applicable to 
 booths or shows in fairs, &c., N. 263, p. 492. 
 (Special sessions) : manner of licensing, 832 ; who licensed, 803 1 rules for 
 order, &c., 803 ; fees for, 803 j manager to be bound for due observ- 
 ance of rules, &c., 803. 
 
 Thieves, reputed, frequenting streets or public places, O. 24, p. 534 ; de- 
 cisions on the words of the clause, N. 283. 
 
 Threatening to accuse of crime, 0. 7, p. 704 1 extorting money thereby, 0. 319, 
 p. 776 ; by letter, O. 213, p. 752. 
 
 Threats to do bodily injury, 8rc., see " Sureties." 
 
 Threshing machines, destroying, O. 226, p. 754; exempt from toll, N. 269, 
 p. 506. 
 
 Timber, laying it on highway, O. 62, p. 336 ; the like on turnpike road, O. 80, 
 p. 518. 
 
 Time of commencing proceedings in summary convictions and orders, 95 ; of 
 offence, not material, 98 ; of prosecution in indictable offences, 604. 
 day-time under Game Act, N. 94, p. 291. 
 night-time under Night Poaching Act, N. Ill, p. 302 ; N. 28, p. 742; in 
 
 burglary, N. 11, p. 7)5. 
 when imprisonment runs from, in summary cases, 168; for giving notice 
 of appeal, 195, 196 ; of holding special sessions, for various purposes, 
 49, 50. 
 
 Tithes, recovery of from Quakers and other persons, 951. 
 
 Tithe rent-charge, enforcing contribution to, 952. 
 
 Toll, list of exemptions from, on turnpike roads, N. 269, p. 506. 
 
 Toll, offences as to turnpike, O. 20, p. 504 to O. 44, p. 510 ; also 0. 14, p. 268. 
 
 Towns Improvement Act (summary convictions), 492—498 : offences by com- 
 missioners, O. I, 41 ; offences by occupiers, O. 6, 7, 8, 9, 14, 15, 17, 
 20, 21, 23, 24, 27, 28, 35, 38 ; offences by other persons, O. 2, 3, 4, 5, 
 10, 11, 12, 13, 16, 18, 19, 22, 25, 26, 29, 30, 31, 32, 33, 34, 36, 37, 39, 
 40. 
 (Petty Sessions) : matters to be done by justices, 952, 953. 
 
 Trading on Sunday, O. 1, 2, p. 488. 
 
 Training to the use of arms or aiding, &c. therein, O. 12, p. 706. 
 
 Transfer of alehouse licence, 786 ; or billiard licence, 787. 
 
 Transportation, returning from, 0. 1 13, p. 726 ; terms of penal servitude instead 
 of terms of, 700. 
 
 Traverse, bail, accused not entitled to a, N. 5, p. 682. 
 
 Treason, O. 327, 328, p. 778 ; no hail to be taken for, except by order of secre- 
 tary of state, 681. See "Queen." 
 
 Trees, stealing, damaging. Sec, see " tareeny ;" "Malicious Injuries." 
 
 Trespass in search or pursuit of game, 0. 1—3, pp. 290, 292. 
 
 Trial, where accused persons for indictable offences to be sent for, 14 — 17 ; 675, 
 676. 
 
 Truck Act, making illegal contract under, O. 1, 2, p. 370 ; making illegal pay- 
 ment, O. 3; to what trades the act applies, N. 169, p. 372. 
 
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1014 Index. 
 
 Turnpike roads (summary convictions), 500 — 524 : 
 
 I. Offences hy Toll Collector, 500, 502; demanding greater or less toll, 0. 1 
 — 3 ; from persons exempt, 0. 4, p. 502 j exemptions from toll, N. 269, 
 p. 506 ; not permitting reading of board with his name, refusing to tell 
 name, to give ticket, detaining passenger or using abusive language to 
 commissioners, &c., O. 5 — 9; allowing waggon to pass before mea- 
 surement, Sfc, 0. 10 ; neglecting to sue for penalties, &c., O. 11 ; per- 
 mitting loaded waggon to pass without weighing, &c., O. 12 ; refusing 
 to give exemption ticket or return toll, O. 13, 14. 
 Notes : lessee of tolls to pay penalty on collector absconding, N. 265, 
 p. 500 J appeal, N. 267, pp. 500, 501. . 
 II. Offences hy Surveyor, 504 ; neglecting to fence off, &c. holes or pits made 
 in getting materials, O. IS — 19. 
 
 III. Offences as to Tolls, 504—510; exemptions from toll, N. 269, p. 506; 
 
 unloading at gate, O. 20 ; loading after passing gate, O. 21 ; unloading 
 to pay less toll, O. 22 ; driver not waiting weighing of other car- 
 riages, 0.23; refusing to remove from weighing machine, O. 24 ; turn- 
 ing out of road to avoid weighing, 0. 25 ; going off road, O. 26, p. 506 ; 
 occupier, &c. permitting persons to go over land, O. 27 ; giving or 
 receiving tickets from others than collectors, O. 28, p. 508 ; forging 
 ticket, O. 29 ; fraudulently passing through gate, &c., O. 30, 31 ; 
 taking off horse, 0. 32; adding another horse, O. 33 ; doing any other 
 act to evade, O. 34 ; fraudulently claiming or taking exemption under 
 general act, O. 35, 36; the like, under local act, O. 37; refusing 
 weighing of carriages, &c., O. 38, 39, p. 510; evading measurement 
 of wheels, &c., O. 40 — 43 ; passing without paying toll, O. 44. 
 Notes : detention of unknown offenders and proceedings against owner for 
 driver's offence, N. 268, p. 504. 
 
 IV. Offences by Drivers, Owners, Sfc, 510 — 514: riding upon footpath, O. 45; 
 
 driving or leading on footpath, O. 46 ; damaging footpath or fence, 
 O. 47, 48; using railway carts on, O. 49, p. 512; owner not having 
 name on waggon, 0. 50, 51 ; not using skidpans, O. 52 ; having charge 
 of two carts, O. 63 ; owner allowing any person under thirteen to drive 
 cart, 0.54; carriers not fastening dog on road to waggon, O. 55 ; riding 
 upon carriage without guide, O. 56 ; negligently causing damage, 
 O. 57; quittingroad, O. 58, p. 514; being at improper distance, O. 59; 
 driving without owner's name, &c., O. 60, 61 ; not keeping proper side 
 of road, O. 62; preventing persons passing, O. 63 ; hindering another 
 carriage, O. 64 ; observation on supposed power to convict on view, 
 &c., N. 270, p. 514. 
 V. Nuisances and other Offences, 514 — 524: damaging bridges, walls, &c., 
 O. 65, 66; hauling timber. See. on road, O. 67, p. 516; suffering 
 timber to trail, O. 68 ; injuring surface by tipsticks, &c., O. 69 ; 
 slaughtering beasts on road, O. 70 ; obstructing passenger by project- 
 ing bar, &c., O. 71 ; encamping or pitching stalls, &c. on, O. 72 ; 
 blacksmith not closing shutters after twilight, O. 73 ; making bonfires 
 or letting off fireworks, O. 74, 75 ; baiting bull or playing, O. 76, 77 ; 
 leaving carriage on road, 0.78, p. 518; not being on side during 
 unloading, &c., O. 79 ; laying timber, dung, &c. on, O. 80 ; suffering 
 water, filth, &c. to flow on, O. 81 ; suffering swine to damage road, 
 O. 82 ; leaving block stones on, O. 83 ; damaging lamp post or extin- 
 guishing light, O. 84, 85 ; damaging table of tolls and obliterating 
 inscriptions, &o., O. 86, 87; breaking posts, fences, &c., O. 88; ob- 
 structing watercourse by rubbish, O. 89 ; scraping road without con- 
 sent, O. 90, p. 520; preventing anotlier passing, O. 91; making pits 
 within thirty feet, O. 92; taking away road materials, O. 93; not 
 keeping ditch, Sjc. clean, O. 94 ; not cleaning watercourses, O. 95 ; 
 laying rubbish on road, O. 96 ; not cutting hedges, &c., O. 97, p. 522 ; 
 making buildings on road, O. 98 ; filling up ditch, O. 99 ; building 
 on waste, O. 100; injuring surface of road, O. 101; turning plough 
 
 :ti^; ^;osL,^%»oW^&rC-dmm: o!ToT%Tnd: 
 
Index. 101 
 
 Turnpike roads (summary convictions) — continued. 
 V. Nuisances and other Offences — continued. 
 
 breach, &c., O. 107, 108, p. 524; what can be impounded, N. 272: 
 rescuing distress, O. 109; occupier not altering gates opening outi 
 wards, O. 110; rescuing goods, O. HI ; assaulting collectors, O. 112, 
 
 Turnpike roads (special sessions) ; application of highway rates to, 793. 
 
 (Petty sessions): recovery of possession of toll-houses, 954; officers not 
 accounting, 954 ; procuring materials, &c., 954 ; watercourses, &o., 
 954 ; cutting hedges, 955 ; satisfaction for making drains, 955 ; jus- 
 tices may order cattle impounded to be sold, 955 ; roads out of 
 repair, 791 ; application of highway rates to roads, 793 ; railways 
 interfering with roads, 927. 
 
 U. 
 
 Underwood, stealing or cutting, breaking, rooting up or otherwise destroying or 
 damaging, with intent to steal, O. 20 — 22, p. 356 ; cutting, breaking, 
 barking, rooting up, or otherwise destroying or damaging, O. 1, 2, 
 p. 368 ; (indictable), O. 192—194, p. 748 ; O. 228, 229, p. 754. 
 
 Union, guardians of, to give authority to their officers to proceed on their behalf 
 in any case under Poor Law Acts, N. 205, p. 442. 
 
 Union workhouses, offences in, 452, 454 ; where oSenders may be committed, 
 N. 216, pp. 452, 453. 
 offences by officers of, 450. 
 overseers neglecting to pay contributions to, 798, 799. 
 
 Unlawful oaths, see " Oaths;" sports on Sunday, see " Sunday;" gaming, see 
 " Alehouses" ** Beerhouses." 
 
 Unnatural offence, committing an, 0. 318, p. 776; accusing, &c. thereof, 0. 319; 
 p. 776. 
 
 Uttering coin or documents, see "Coin;" "Forgery." 
 
 V. 
 
 Vaccination, 524 — 526 ; producing small pox by inoculation, 0. 1 ; the like, by 
 other means, O. 2 ; father, &c. of child not causing child to be vacci- 
 nated after notice, O. 3, 4, p. 526. 
 
 Vagabond, see " Vagrants." 
 
 Vagrants, 526 — 536 : detention of juvenile offenders in industrial schools, N. 
 273, p. 526. 
 I. Idle and Disorderly Persons, 526, 528 : refusing or neglecting to maintain 
 self, family or bastard child, O. 1 ; returning after removal by order, 
 O. 2, p. 528 ; hawking without a licence, O. 3 ; prostitute behaving 
 indecently, O. 4 ; begging alms, or causing a child to do so, O. 5, 6 ; 
 persons applying for relief, and having money, O. 7 ; persons charged 
 with these offences resisting apprehension, O. 25, p. 534; offender 
 forfeits his effects, 529 ; costs of conviction recoverable, 529. 
 Notes : conviction on view, N. 273 a, p. 526 ; wife a lunatic, wife living 
 in adultery, liability of husbands, fathers and widows, N. 274, p. 526 ; 
 apprehension of offenders, search warrant, &c., N. 275, p. 529 ; who 
 to prosecute for offences in relation to unions, where offence com- 
 mitted, N. 276, p. 530; evidence of chargeability of paupers, N. 277, 
 p. 532 ; appeal, N. 278, p. 532, and N. 285, p. 536. 
 II. Rogues and Vagabmds, 530 — 534: when offender can be treated as a 
 rogue and vagabond, N. 279, p. 532 ; second conviction as an idle and 
 disorderly person, O. 8, p. 530 ; fortune-telling, O. 9, 10 ; lodging in 
 out-houses, &c., O. 11 ; indecent exhibitions of prints, &c., O. 12, 13; 
 exposing person to insult a female, O. 14 ; exposing wounds, O. IS ; 
 collecting alms under fraudulent pretence, O. 16 ; running away, 
 leaving family chargeable, O. 17 ; what children within act, time of 
 
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1016 Index. 
 
 Vagrants — continued. 
 
 II. Rogues and Vagahtmds — continued. 
 
 prosecution, continual chargeability necessary where jurisdiction at- 
 taches, N. 280, p. 533; mother deserting her bastard child, O. 18; 
 gaming on highway, O. 19; what is an "instrument of gaming" or 
 " open and public place," N. 281, p. 533 ; having picklocks, &c. with 
 intent, &c., O. 20—22, p. 532 ; on premises for an unlawful purpose, 
 O. 23, p. 534; what is an " unlawful purpose," N. 282, p. 534 ; reputed 
 thieves frequenting public places, 0. 24 ; decisions on words "leading 
 thereto," "place of public resort," "frequenting," N. 283, pp. 534, 
 535 ; resisting apprehension, O. 25. 
 III. Incorrigible Rogues, 536 : vagrants breaking out of confinement, O. 26 ; 
 second conviction as a rogue and vagabond, O. 27 i resisting appre- 
 hension, O. 28. 
 Notes ; observation on subsequent offence after conviction as an incor- 
 rigible rogue, N. 284, p. 536 ; procedure on justice committing to the 
 sessions, or on notice of appeal being given, N. 285, p. 536. 
 
 Valuable securities, stealing, O. 181, p. 746; obtaining by false pretences, 
 O. 128, p. 728. 
 
 Variances, misleading defendant in summary convictions and orders, justices to 
 adjourn case, 98, 118; none allowed to afiect the proceedings in 
 indictable offences, 613, 614; variances in indictments, 616. 
 
 Variola ovina, bringing sheep having disease of, into a fair or market, O. 1, 
 
 p. 472. 
 Vegetable production growing in gardens, 8Ec., stealing or damaging with intent 
 
 to steal, O. 27, 28, p. 356 ; damaging, O. 3, 4, p. 368 ; (indictable), 
 
 O. 195, p. 748 ; O. 231, p. 756. 
 Venue in actions against justices, 31 ; see " TriaV* 
 Vessels, see " Merchant Shipping;" " Ship." 
 Vexatious actions, protection of justices against, 29 — 34. 
 Victuallers, see " Alehouses." 
 View, summary conviction on, 48 ; party must have an opportunity of making 
 
 a defence, 128. 
 View, by justices, previous to diverting, &c. highway, 851 ; after making of 
 
 new road by order of sessions, 851, 852. 
 Visiting justices of gaol may take bail in indictable offences, on certificate of 
 
 committing justice, 680, 682. 
 Voluntary examination of accused in indictable offences, 661 ; form, 664. 
 Voluntary oath, justices or other person administering, O. 268, pp. 762 ; 906. 
 Voters, see " Elections." 
 
 W. 
 
 Wages of apprentices, recovery of, 807 ; of servants in husbandry, recovery of, 
 891 ; of seamen, recovery of, 938 ; see " Truck Act." 
 
 Wages, assault in pursuance of a conspiracy to raise the rate of, O. 41, p. 710. 
 
 Wagons, see "Highways ;" " Turnpike Roads." 
 
 Warehouse, breaking and entering and stealing therein, 0. 171, p. 744 ; setting 
 fire to, O. 14, p. 706 ; riotou.sly demolishing, O. 308, p. 774. 
 
 Warrant to apprehend defendant in summary convictions, in the first instance 
 on an information, 113 ; form (C), 115 ; on disobedience of summons 
 and on complaints, 113 ; form (B), 115 ; how and when to be executed, 
 ■ 114 ; backing warrants, 114 ; form (K), 116. 
 
 Warrant for a witness, see " Witness." 
 
 Warrant of commitment, see " Commitment j" of distress, see " Distress." 
 
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Index. 1017 
 
 Warrant to apprehend accused in indictable offences, may be issued on a Sunday, 
 615 ; in the first instance, 611, 612; form (B), 619 ; on disobedience 
 of summons, 612; form (D), 619 i for offences committed at sea or 
 abroad, 620 ; form (E), 626; where an indictment found, 626 ; forms 
 (G) and (I), 628, 629 ; how warrant of apprehension executed in 
 ordinary cases, 614, 615. 
 
 Warrant to search for stolen goods, how executed, 615. 
 
 Warrant to apprehend offenders flying to this country from France, 633 ; or 
 America, 636 ; or the colonies, 640 ; forms, 639, 640. 
 
 Warrant to apprehend offenders flying from this country to France, 643 ; or 
 America, 643 ; or the colonies, 644 ; forms : of warrant, 645 ; of certi- 
 ficate on depositions, 645. 
 
 Warrens, see " Game." 
 
 Waste, building on, near highway, O. 40, 41, p. 332 ; near turnpike road, O. 
 100, p. 522. 
 
 Watching and Lighting Act, see " Constailes;" " Lighting and Watching Act." 
 
 Watchmakers, reference to statute as to, N. 179, p. 382. 
 
 Watercourses, near turnpike road, obstructing, O. 89, p. 518. 
 
 Waterworks for Towns (summary convictions), 536, 538 ; offences by under- 
 takers, O. 3, 4, 5, 6, 14, 15 ; offences by occupiers or owners, O. 7, 8, 
 9 ; ofiences by other persons, O. 2, 10, 11, 12, 13. 
 (Petty sessions) : matters to be done by justices, 955, 956. 
 
 Weighing machines on turnpike roads, damaging, O. 226, p. 754. 
 
 Weights and Measures, 540, 542 : 
 
 I. Offences by Inspectors, O. 1 — 4, p. 540. 
 
 II. Offences by Dealers and Others, 540, 542 ; what measures within the act, 
 N. 287, p. 542 ; selling by illegal measure, O. 5, p. 540 ; selling by 
 heaped measure, O. 6 ; selling coals by measure, 0. 7 ; using un- 
 authorized weights, &c., 0. 8 — 10 ; having possession of unjust weights, 
 steelyards, &c., O. 11 — 13, p. 542 ; counterfeiting stamps on weights, 
 &c., O. 14, 15 ; appeal, N. 286, p. 540. 
 Justices to examine and seize weights, 956 ; may grant authority to in- 
 spector to do so, 956. 
 
 Wharf, stealing from a, or from ships there, O. 207, p. 750. 
 
 Whitewashing, justices' order for, under Nuisances Act, 900. 
 
 Wife, publicly exposing for sale, and selling a, O, 329, p. 780 ; deserted by her 
 husband, order protecting earnings and property of, 834 ; see " Feme 
 Coverte." 
 
 Wild duck, taking, destroying or having the eggs of, O. 16 — 18, p. 296. 
 
 Will, forging, O. 134, p. 730 ; stealing or destroying or concealing, O. 183, 
 p. 746. 
 
 Windmills, erecting near highway, O. 44, p. 334 ; the like, near turnpike road, 
 O. 106, p. 622. 
 
 Witness, secretary of state may order prisoner to be taken before justices to 
 give evidence as a, 124, 651. 
 
 Witness (in summary convictions and orders) : compelling attendance of, by 
 summons, 122 ; tender of expenses, 123 ; form of summons, 124; how 
 summons served, 123 ; warrant on disobedience, 123 ; form, 125 ; may 
 be backed, form K., 116 ; or warrant in the first instance, 123; form, 
 125 ; refusing to be examined, commitment, 123 ; form, 125. 
 
 Witness (in indictable offences): compelling attendance of, by summons, 649 ; 
 form, 651; how served, 650 ; warrant on disobedience, 650; /orm, 652; 
 or warrant in the first instance, 650 ; form, 652 ; depositions of wit- 
 nesses on examination, 655 ; form (M), 659 ; where witness of weak 
 intellect, N. 6, p. 655 ; deposition may be read at trial if witness dead 
 or ill, 655 ; refusing to be examined, comtnittal, 650 ; form, 652 ; 
 refusing to enter into recognizances to give evidence, committal, 674 ; 
 form, 677 ; subsequent order to discharge him, 674 ; form, 678. 
 
 o. s. 3 u 
 
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1018 Index. 
 
 Women, forcible abduction of, 0/1, p. 704; procuring defilement of, O. 330, 
 p. 780. 
 
 Wood or plantation of trees, setting fire to a, O. 19, p. 706. 
 
 Woodcocks, see " Game." 
 
 Woollen Manufactures, see "Manufactures, Sjc." 
 
 Workhouse, offences by master of union, O. 29 — 36, p. 450 ; offences in union, 
 O. 37—48, pp. 452, 454 ; where offenders to be committed, N. 216, 
 p. 452. 
 
 Wounding, see " ^s«aM?«s ;" '^ Jttempts "to Murder, S^c. ;•' "Cattle;" "Larceny." 
 
 Wreck, 542 ; having possession of shipwrecked goods, O. 1 ; offering for sale 
 shipwrecked goods, O. 2; search warrant for goods, N. 288, p. 543; 
 see "Merchant Shipping," O. 142—153, pp. 416, 418. 
 
 Wreck, assaulting justices in execution of their duty as to, O. 36, p. 710. 
 
 Wreck and Salvage. 
 
 I. Inquiries into Wrecks, Sfc, 956 ; inquiry by officer of coast guard, 956 ; 
 formal investigation before justices, 957 ; appointment of nautical 
 assessor, 957 ; costs of investigation, 958 ; examination as to ships in 
 distress, 958 ; cutting up cables, 959 ; damage by rioters, 959. 
 II. Arbitration on Salvage Claims, 959 ; appeal, 960 ; payment and appor- 
 tionment of salvage, 960 ; disputed title to wreck, 060. 
 
 THE END. 
 
 LONDON: 
 
 PRINTED BY 0. ROWORTH AND SONS, 
 
 BELL YARD, TEMPLE BAR. 
 
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