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OFFENCES within the 11 & 12 VICT. c. 43.

Statute.

LARCENY-continued.

II. OF TREES, FENCES, &c.-continued.

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, &c. of the value of 2s. at the least, be found by virtue of search warrant, and not satisfying the justice that he came lawfully by the same.

[See tit. "Wreck," post, as to shipwrecked goods].

7 & 8 Geo. 4,
c. 29, s. 41
(Note 129,
ante, p. 229).

27. Plants, Fruits, &c. in Gardens, &c.] 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.

29. Roots or Plants elsewhere.] Stealing,

or

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 Offence 9, p. 242, post,
tit. "Malicious Injuries."]

III. ACCESSORIES AND RECEIVERS.

31. Any person aiding, abetting, counselling or procuring the commission of any offence under this title.

Id. s. 42.

Id. s. 43.

Id. s. 62.

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OFFENCES within the 11 & 12 VICT. c. 43.

LARCENY-continued.

Statute.

ACCESSORIES AND RECEIVERS-continued.

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.

7 & 8 Geo. 4,
c. 29, s. 60
(Note 129,
ante, p. 229).

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,

3 & 4 Will. 4,

c. 90, s. 55.

or

2. Wilfully extinguishing the light of any such lamp.

[MEM. As to assaulting or resisting constables appointed under this
act, see ante, p. 170.]

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, &c. 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].

Id. s. 56.

Id. s. 40.

5. Other Offences.] Neglecting to stop escape of gas.

Id. s. 48.

6. Conveying gas washings into any river, &c. [or water company, see ss. 52, 53.]

Id. s. 50.

7. Not laying gas pipes in manner directed.

Id. s. 51.

(135a) Appeal.] To any general or quarter sessions for the county, &c. to be held within four calendar months next after, or if held before the expiration of one calendar month then to the next sessions; provided fourteen days notice of appeal be given in writing, and

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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 watchhouse, and Offence
2], and also make satisfaction for
the damage done thereby (s. 55).
In default, impr. for not exc. 3
cal. m. unless sooner paid; or in-
stead, amount may be levied by
distress (ss. 55, 41). In default,
impr. under 11 & 12 Vict. c. 43,
s. 22, for not exc. 3 cal. m. unless
sooner paid.

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within five days after notice recognizance, with sufficient securities, be given before some justice conditioned to try appeal, &c.

OFFENCES within the 11 & 12 VICT. c. 43.

LODGING-HOUSES (COMMON) (Note 135b).

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, see s. 8; not giving notice of fever, &c. to poor law medical officer, &c., see s. 11; 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],

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.

Statute.

14 & 15 Vict.

c. 28, s. 14.

3. Offending against any of the bye-laws or regulations made in pursu- 14 & 15 Vict. ance of this act.

c. 28, s. 14 (Note 135c).

LOTTERIES.

1. Any person or persons whatsoever publicly or privately keeping any 42 Geo. 3, c. 119, office or place to exercise, keep open, show or expose to be played, s. 2 (Note 136). 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,

or

2. Knowingly suffering same to be exercised in his or her house, room or place.

3. Persons discovered in a house, on warrant of justices, and knowingly aiding, assisting or anyways concerned with offenders in the carrying 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.

Id. s. 4.

Id.

(1356) By whom Act is to be executed, and Interpretation of Term “Common Lodging-House."] 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 incorporated 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). 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 (s. 2). See further Part III.

(135c) Making Regulations, and how Penalties proceeded for.] The local authority, described in Note 1356, may make regulations respecting common lodging-houses within its jurisdic

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