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

Statute.

MILITARY LAW-continued.

13. Knowingly detaining, purchasing, &c. any arms, ammunition, clothes,
or regimental necessaries, &c. [A search warrant may be granted
for such arms, &c.]

[See 44 Geo. 3, c. 54, ss. 51, 52, as to not paying sums, &c. towards
corps of yeomanry or volunteers.]

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 river, &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.

15 & 16 Vict.

c. 7, s. 91.

3 & 4 Vict. c. 50, s. 7.

Id. s. 8.

NUISANCES AND DISEASES PREVENTION ACT, 1848.
1. Owner or occupier not complying with justices' order for cleansing,
whitewashing, or purifying dwellinghouse, in such manner and
within such time as specified in such order.
[See further, tit. "Nuisances, &c." Part III.]

2. Suffering any sewage, drainage, soil, filth, or any matter or thing of a noxious or offensive nature, to run or flow into or to remain in any open ditch, gutter, drain, or watercourse, so as to be a nuisance to or injurious to the health of any person, from any dwellinghouse, building, or other premises, or any privy or watercloset not occupied or constructed before the passing of this act.

11 & 12 Vict. c. 123, s. 1.

Id. s. 7.

(161) Apprehension of 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, may be apprehended without a warrant (ss. 10, 11), and persons offering property suspected to be stolen may be detained and delivered to a constable (s. 12).

(162) Appeal.] Where the penalty adjudged to be paid shall be more than £3, to the next general or quarter sessions, provided that appellant, at the time of conviction, or within forty-eight hours thereafter, enter into a recognizance, with two sufficient sureties, to appear at sessions, &c. (s. 19).

(163) By whom Complaint to be made.] The complaint is to be made by or on behalf of the town council, or any trustees or commissioners for the drainage, paving, lighting or cleansing, or managing or directing the police of any city, town, borough or place, or by

13 Within

One

6 cal. m.

(11 & 12 Vict.

or more

No. 3,

ante, p. 262.

p. 161.

1st Offence. Not exc. £20, and treble No. (Note 160).
the value of articles (s. 91); reco-
vered as Offences 8 to 12, p. 263.

c. 43, s. 11, (s. 96). 2nd or subsequent Offence. Not exc.
see s. 96).

£20, nor less than £5, and treble
value; recovered as 8 to 12, p. 263;|
and in addition, impr. with or
without hard labour for not exc.
6 calendar months (s. 91).

Not exc. £5, or at discretion impr.
with or without h. 1., for not exc.
1 cal. m. (s. 7). On non-payment
of pen. (if adjudged), impr. not
exc. 1 cal. m., unless sooner paid,
or recovered by distress (s. 15).

Not exceeding £5 above the value
of goods or liquor; Or, at discre-
tion, imprisonment with or with-
out hard labour for not exceeding
1 calendar month (s. 8). On non-
payment of penalty, imprison-
ment, &c. as Offences 1, 2, above.

Not exc. 10s. for every day during No.
the continuance of default (s. 1),
levied by distress; in default,
impr. for not exc. 14 days, unless
sooner paid (s. 17).

Not exc. £5 for every day during No.
which the offence is continued (s.)
7); recovered as Offence 1; [but]
it is presumed this penalty would
accrue from the day of conviction
for the misdemeanor previously
mentioned in the section (1 Ma-
gistrate, p. 43)].

other body of a like nature, or by any commissioners of sewers, or guardians of the poor, or some committee thereof temporarily or permanently appointed in that behalf by such town council, trustees, commissioners, guardians or other body (11 & 12 Vict. c. 123, s. 1). If the committee do not lay the information, a resolution, in the case of a town council of a borough, should be passed, under seal, authorizing one of their officers to do so; and in the case of the guardians of the poor, the 5 & 6 Vict. c. 57, s. 17, authorizes the board, by an order in writing, under the hand of the presiding chairman, and sealed with the common seal, to empower any officer of such guardians to make any application or complaint before justices; and by the 7 & 8 Vict. c. 101, s. 69, their certificates or minutes, under seal and signed, are sufficient proof of the truth of the statements contained therein, unless the contrary be shown.

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

Statute.

NUISANCES AND DISEASES PREVENTION ACT-continued.
3. Whosoever wilfully obstructing any person acting under the autho-
rity or employed in the execution of this act,

or

4. Wilfully violating any direction or regulation issued by the General Board of Health under this act [i. e. those published in the London Gazette of 4th April, 1849].

5. Occupier refusing to comply with order requiring him to permit the necessary works to be executed.

OVERSEERS, OFFENCES BY.

1. Constables Act.] Neglecting or refusing

2.

3.

4.

to sign list of persons agreed to in vestry qualified and liable to
serve as constables;

or

to make out, sign and publish true copies (s. 8);

or

knowingly leaving out the name of any person who ought to be
included therein;

or

knowingly making a false return.

Jurors Act.] Various offences under the act relating to jurors, as to making out and returning the lists, &c.

11 & 12 Vict.

c. 123, s. 16.

Id.

5 & 6 Vict.

c. 109, s. 9.

6 Geo. 4,

c. 50, s. 45.

5. Lunatics.]. Any overseer or relieving officer omitting (Note 165) for more than 3 days, after obtaining knowledge of any chargeable pauper, or other person not chargeable [i. e. the lunatic who is neglected or cruelly treated by his relatives], being deemed to be a lunatic, to give notice [to a justice (s. 48)], or omitting to apprehend and take wandering person declared to be lunatic.

8 & 9 Vict. c. 126, s. 50.

(164) Guardians may direct Prosecution.] By sect. 4 of the 12 & 13 Vict. c. 111, the guardians, directors, governors of overseers of the poor, or parochial board, or other like officers having the management of the poor, or acting under the authority of any local act of parliament for the paving, cleansing, drainage or lighting any town or parish, may from time to time direct any prosecution or legal proceedings for or in respect of the wilful violation or neglect of any direction or regulation of the General Board of Health; and the secretary of the board may do the same on the order of the Board under seal (s. 3). See Note 163, ante, p. 261.

(165) Observation.] It is to be presumed that the term wilfully, or some equivalent

1

4

cal. months

(11 & 12

Within 6 Two. Not more than £5 (s. 9), levied by No.
distress (s. 24); imprisonment, in
default of distress, under 11 & 12
Vict. c. 43, s. 22, for not exceed-
ing 3 calendar months, unless
sooner paid, no remedy being
given by the statute.

Vict. c. 43, s. 11).

Applied in Nos. 1-4 aid of poor's p. 164. rates where

offence committed (s. 25).

expression, must be understood here, as it will frequently be found that the medical officer and the relieving officer or overseer will not be able to give the notices herein required within the specified time, without any default on their part. (Lumley's edition of Lunacy Acts, 1846.)

(166) Appeal.] Within four calendar months after determination, to the justices at general or quarter sessions, having first given at least fourteen clear days' notice in writing to the person appealed against, and forthwith, after such notice, entering into a recognizance before some justice, with two sufficient sureties, to try appeal, &c.

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

Statute.

OVERSEERS, OFFENCES BY-continued.

6. For 14 days after date of order [for removal of lunatic by visiting justices of asylum from hospital or house licensed to be an asylum], neglecting or refusing to remove lunatic according to order.

66

[See titles" Beerhouses," Offences 20 to 24, ante, p. 148; "Dead
Bodies;" Highways," Offence 68, ante, p. 218; "Poor ;" and
15 & 16 Vict. c. 81, s. 8, as to county rates.]

PASSENGERS BY SEA (Note 166 a).

PAVING, DRAINING, CLEANSING, LIGHTING AND IM

PROVING TOWNS.

Various penalties for Offences under this Consolidation Act.

8 & 9 Vict.

c. 126, s. 54.

10 & 11 Vict. c. 34.

PAWNBROKERS.

I. OFFENCES BY PAWNBROKERS.

II. ILLEGAL PAWNING, FORGING DUPLICATES, &c.

I. OFFENCES BY PAWNBROKERS.

1. Neglecting or refusing to attend justice's summons with books, &c.

or

2. To produce books, &c. in their true and perfect state.

39 & 40 Geo. 3,
c. 99, s. 25
(Note 167).

(166 a) Provisions of " The Passengers Act, 1852."] The important provisions of the act 15 & 16 Vict. c. 44, which are not of general application, and the numerous offences have not been analysed in the usual manner, as they would occupy too much space to do justice to them. The following is a concise statement of the offences: - Penalties on Master: Not giving facilities to emigration officer for inspection of ship (s. 9); clearing out or proceeding to sea without certificate from emigration officer, or having joined in executing bond (s. 10), or with a greater number of passengers on board than allowed (s. 12); not delivering lists of passengers before clearance (ss. 13, 14); not complying with directions as to light and ventilation (s. 23): not providing the proper provisions, water and stores (ss. 28, 29); not having an interpreter on board (s. 37); neglecting to post abstract of act and orders in council on board (s. 57): as to inspection of ship, carriage of passengers, &c. &c. (see s. 70). Provisions as to colonial voyages (ss. 83-90). Ss. 72, 73 relate to the recovery of the penalties and the forms to be used. Penalties on Passengers: Fraudulently obtaining a passage (s. 15); not removing from ship after directed by emigration officer in cases of disaster at sea (s. 47); behaving riotously, &c. or disobeying rules and regulations on