less than fifty shillings; and it shall be lawful for the magistrate before whom any such offender shall be convicted, to cause the offender's name, place of abode, and offence to be published in some newspaper or newspapers which shall be printed or published in or near the city, county, borough, or place where the offence shall have been committed, and the costs and charges of such printing and publishing shall be paid out of the penalty, in case any shall be recovered. Sec. 8. If any person shall put into any corn, meal, or flour, which shall have been ground, &c. either at the time of grinding, &c. or any other time, any ingredient or mixture whatsoever, not being the real and genuine produce of the corn or grain which shall be so ground, or shall sell or offer for sale any corn, meal, or flour which shall not be equal in goodness to the sample purporting to be a sample of such corn, meal, or flour, or shall use or practise any fraud or deceit by which such corn, meal, or flour shall be made of greater weight, then every such person so offending shall, upon conviction before one or more magistrates, forfeit any sum not exceeding ten pounds, nor less than forty shillings, and all such corn, meal, or flour so sold or exposed for sale. Sec. 9. Every person who shall make for sale, or expose for sale, any bread made wholly or partially of peas or beans or potatoes, or of any sort of corn or grain other than wheat, shall cause all such bread to be marked with a large Roman M, under a penalty, for every pound weight of such bread, and so in proportion for any less quantity, which shall be so made for sale or exposed for sale without being so marked, of any sum not exceeding ten shillings, as the magistrate before whom such conviction shall take place shall order and adjudge: provided always, that nothing herein shall be construed to extend to require any bread made of the meal or flour of wheat only, and in the making of which potato yeast shall be used, to be marked as herein-before mentioned.

Sec. 10. [Magistrates may search in bakers' premises.] It shall be · lawful for any magistrate on sworn information, and also for any peace officer of the parish, authorized by the warrant of any such magistrate, to enter into any house, mill, shop, &c. of any miller or baker, to search or examine whether any mixture or ingredient shall have been mixed up with or put into any meal or flour, whereby its purity shall be in anywise adulterated, and to seize and take away any meal, flour, or bread which shall be found in any such search and deemed to have been adulterated; and if any magistrate who shall make any such seizure, or to whom anything so seized shall be brought, shall adjudge that any such meal, flour, or bread shall be other than is allowed by this act, in any such case every such magistrate is hereby required to dispose of the same as he shall think proper. Sec. 11. Every miller,

&c. or baker, in whose house, shop, &c. or possession any ingredient or mixture shall be found to have been deposited for the purpose of being used in adulterating meal, flour, dough, or bread, shall, upon being convicted, forfeit on every such conviction any sum not exceeding ten pounds, nor less than forty shillings for the first offence, five pounds for the second offence, and ten pounds for every subsequent offence, and the names of offenders to be published as before mentioned in section 7. Sec. 12. Any person who shall wilfully hinder any such search or the seizure of any meal, flour, dough, or bread, or of any ingredient or mixture, shall for every such offence forfeit a sum not exceeding ten pounds. Provided also, that if any person who shall make bread shall make complaint to any magistrate that any offence which such person shall have been charged with, shall have been occasioned by or through the wilful act or default of any journeyman or other servant employed by such persons, such magistrate is hereby required to issue his warrant for bringing any such journeyman or other servant before any such magistrate, and on proof thereof, any such magistrate is hereby authorized to adjudge a reasonable sum to be paid by any such journeyman or other servant to his master, by way of recompence; and if penalty on journeyman is not paid, magistrate to order imprisonment.

Sec. 13. [Baking bread, &c. on the Lord's Day.] No master, journeyman, or other person exercising the trade or calling of a baker, shall, on the Lord's Day (d), make or bake any bread of any sort or kind, or shall on any other part of the said day than between the hours of 9 a.m. and 1 p.m., sell or expose for sale any bread, &c. or bake or deliver, or suffer to be baked or delivered, any meat, pudding, pie, tart, or victuals, except as hereinafter is excepted, or in any other manner exercise the trade or calling of a baker, or be engaged or employed in the business or occupation thereof, save and except so far as may be necessary in setting and superintending the sponge to prepare the bread or dough for the following day, under penalty for the first offence of ten shillings, for the second offence twenty shillings, and for the third and every subsequent offence forty shillings. Sec. 14. Miller or baker not to act as a justice of the peace. Sec. 15. If any person shall resist or make forcible opposition against any person employed in the execution of this act, every such person offending therein shall forfeit any sum not exceeding five pounds. Sec. 22. The magistrate before whom any person shall be convicted in manner prescribed by this act, shall cause every such conviction to be drawn up in the form or to the effect following; (that is to say),

(d) See SUNDAY, BREACH OF, 6 & 7 Will. III. c. 17, s. 3.

To wit.-"Be it remembered that on this
year of the reign of

justice of the peace for the county of
county of
happen to be],-

in the

day of A. B. is convicted before Her Majesty's [or for the division of the said [as the case shall do adjudge him or her or them [as

or for the city, liberty, or town of
and

for

the case may be] to pay and forfeit for the same the sum of
under
the day and year aforesaid."

Given

BRIBERY. By 17 & 18 Vic. c. 102, the offence of bribing at elections for return of persons to serve as members in Parliament, is a misdemeanor.

BRIDGES. See ROADS and BRIDGES.

BROKER. Embezzling money or securities intrusted to him with a written direction, or goods, or power of attorney intrusted to him for safe custody, a misdemeanor; 24 & 25 Vic. c. 96, s. 75. BUILDING HOUSES, within thirty feet of the centre of public road, 14 & 15 Vic. c. 92, s. 9. ante, p. 394. Buying or selling from fraudulent tenants, 9 Geo. IV. c. 56, s. 24; see also TOWNS IMPROVEMENT.

BULL-BAITING. See CRUELTY TO ANIMALS.

BUOY, Removing, destroying, or concealing, a felony; 24 & 25 Vic. c. 97, s. 48.

BURGLARY. A felony, see 24 & 25 Vic. c. 96, s, 51. Α burglar, under the common law, is he that in the night breaketh and entereth the mansion house of another, with intent to commit felony therein. Night-time is statutably defined to be from nine in the evening until six in the morning; 1 Vic. c. 86, s. 4 ; and in case of burglary the same, 24 & 25 Vic. c. 96, s. 1.

BURIAL. The 10 & 11 Vic. c. 65, extends only to such cemeteries as shall be authorized by any act of parliament hereatter to be passed, which declares that this act shall be incorporated therewith. The 10 & 11 Vic. c. 34, enacts that no interment shall be made in any grave in any town without leaving two feet six inches clear soil above the coffin, under penalty of of five pounds on the person having the control of the ground, s. 13. For the statutes amending the laws relating to burial grounds and the burial of the dead, see 19 & 20 Vic c. 98, and 23 & 24 Vic. c. 76. By the former act no animal is to be allowed to graze in burial place, and one J. P. had summary jurisdiction at petty sessions to fine owner of animal not exceeding two shillings, and not less than one shilling for each animal. See s. 13. No corpse to be buried in private grave without the consent in writing of some immediate relative, under penalty of ten pounds, recoverable before J. P., s. 12. See s. 9. for penalty on persons burying contrary to the provisions of the order in council. Offence of obstructing burials, or clergyman in discharge of his

duty, a misdemeanor, 24 & 25 Vic. c. 100 s. 36. Forging register of burial a misdemeanor, 24 & 25 Vic. c. 98, s. 36.

BURNING LAND. See ante, p. 279, tit. LANDLORD AND

TENANT.

CANAL, stealing from vessels in, a felony; 24 & 25 Vic. c. 96, s. 63; breaking down dam, banks, &c. or doing any other injury, felony; id. ss. 31, 33.

CARE-TAKER. If he commits a breach of contract in not giving up the house he is put into, to care, see remedy under 14 & 15 Vic. c. 92, s. 16, cl. 4, ante, p. 416, by punishment for breach of contract. For remedy to obtain in a summary way possession of small tenements in towns and villages, see id. s. 15. For like remedy in the case of tenements provided for the use of the tenant when wrongfully overheld, see 19 & 20 Vic. c. 65, called the Cottier Tenant Act; see also ante, p. 276, where cottier tenant may be compelled to deliver up possession.

CARNALLY KNOWING and abusing a female under ten years of age, felony; 24 & 25 Vic. c. 100, s. 50. Above ten and under twelve years of age, a misdemeanor; id. s. 51.

CARS, CARTS, &c. See Summary Jurisdiction Act, ante, p. 403. See Towns Improvement Act, 1854, 17 & 18 Vic. c. 103, s. 78, with respect to hackney carriages and the several penalties relating to breaches of that act; see 10 & 11 Vic. c. 89, ss. 25, 28, & 37 to 67, containing the provisions for regulating the police of towns; see also 10 & 11 Vic. c. 34, s. 130.

CATTLE. See 14 & 15 Vic. c. 92, ante, p. 420; see CONTAGI OUS DISORDERS, CRUELTY TO ANIMALS, and MARKETS AND FAIRS. Cattle found at large in any street within the limit of the special act, any constable or other person may impound such cattle, to be detained until the owner pay to the commissioners a penalty not exceeding forty shillings, besides the reasonable keep; and if such expenses be not paid within three days, then cattle to be sold after seven days notice; 10 & 11 Vic. c. 89, ss. 24, 25. Person liable to a penalty not exceeding forty shillings, or, in discretion of justice of the peace before whom committed, may be committed for fourteen days, for publicly slaughtering or dressing cattle, except with reasonable cause, or suffering cattle and other beasts of draft or burden to obstruct thoroughfares, id. s. 28. By 10 & 11 Vic. c. 34, being an act for cleansing, lighting, and paving towns, persons slaughtering cattle in slaughter-houses or knackers' yards during suspension of licence incur penalty of five pounds for the offence, and ten shillings per day after conviction, s. 130. Stealing, a felony, 24 & 25 Vic. c. 96, s. 10. Killing with intent to steal, felony, id. s. 11; maliciously killing or wounding, felony, 24 & 25 Vic. c. 97, s. 40.

CERTIFICATE of baptism, burial, or marriage, forging, or altering, &c., felony; 24 & 25 Vic. c. 98, s. 36.

CESS. See GRAND JURY CESS. See 24 & 25 Vic. c. 58, continuing 11 & 12 Vic. c. 32, relating to the collection of county cess in Ireland for two years.

CHALLENGING TO FIGHT. Sending a challenge to any one or provoking any one to send a challenge, a misdemeanor at common law. Sending the challenge constitutes the offence; its reaching the person is not material.

CHAPEL. See CHURCH.

CHEATING. By selling false weights, or cheating at play, a misdemeanor at common law. Cheating is defined to be the fraudulent obtaining the property of another by any deceitful and illegal practice or token (short of felony), which affects, or may affect, the public. A mere private imposition or deception, though a civil injury, for which damages may be recovered, is not an indictable offence, or one over which magistrates have jurisdiction; for to constitute an offence indictable as a cheat at common law, it must be public in its nature, by being calculated to defraud numbers, or deceive or injure the public in general; or by affecting the public trade or revenue, or being in fraud of public justice; e. g., using false weights or measures, or false tokens, conspiring with others to cheat, selling unwholesome provisions, malversation by public officers, &c. See Lefroy's C. L. and cases there collected. There may be the offence of cheating also by obtaining by any false pretence any chattel, money, or valuable security, with intent to defraud any one of the same, this is a misdemeanor, 24 & 25 Vic. c. 96, s. 88. A pretence that the party would do an act, which he did not afterwards do, (as a pretence to pay for goods on delivery) is not a false pretence within the act. It may be laid down as a general rule of interpretation of the statute, that wherever a person fraudulently represents as an existing fact that which is not an existing fact, and so gets money, &c., that is an offence within the act; obtaining money by means of false statements of the name and circumstances of the defendant, or any other person, in a begging letter, is within the statute; where the secretary of a society told a member that he owed thirteen shillings and sixpence, and thereby obtained that sum fraudulently, whereas the member owed two shillings and sixpence only, he was held rightly convicted of obtaining money by false pretences. It seems that a person who obtains from a pawnbroker, upon an article which he falsely represents to be silver, a greater advance than would otherwise have been made, is guilty of a false pretence, although the pawnbroker could have tested the article at the time; the execution of a contract between the same parties