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duct the proceedings on the part of the revenue, notwithstanding he may not be the officer named in the information. By 4 Vic. c. 20, s. 20, there must also be seven clear days' notice of appeal given to the opposite party before the day the appeal is to be finally heard and determined.

Q. S. on appeal to examine only the evidence before given.] By 7 & 8 Geo. IV. c. 53, s. 84, upon every such appeal it shall be lawful for the justices of the peace at the quarter sessions before whom any appeal shall be brought, to re-hear upon oath and to re-examine the same witnesses, and to re-consider the same evidence, and the merits of the case whereon the original judgment shall have been given; and they shall not examine any evidence or any witnesses different from the evidence and the witnesses which and who shall have been before examined at the hearing of the information upon which the original judgment shall have been given; and such J. P.s at sessions are empowered, on any such appeal, to reverse or confirm in the whole or in part the judgment appealed against, or to give such new or different judgment as they shall think fit; and such justices of the peace shall in any such new judgment have the same power of mitigation as is herein-before by this act given to justices of the peace; Provided always that it shall be lawful for the justices of the peace at quarter sessions to state the facts of any case for the opinion and direction of the Court of Exchequer.

Witnesses on hearing the appeal.] But by 4 & 5 Will. IV. c. 51, s. 24, after reciting that great inconvenience has been experienced by justices deciding on alleged defects in informations, and dismissing the same without any examination of witnesses, whereby the remedy of appeal had been lost; it is enacted that where the justice of the peace shall dismiss such information without examination of witnesses, the several witnesses refused to be examined shall be tendered to the justices for examination on the part of the informer or defendant, and the said justices shall, on ascertaining the witnesses so tendered for examination to be present, cause their names to be taken down in writing, and shall transmit the same with the information and judgment to the quarter sessions; and the several witnesses so tendered for examination, and whose names shall be so transmitted, shall on the hearing of the appeal be examined in the case, although not examined before the justices on the original hearing and judgment.

Adjournment.] By 4 & 5 Will. IV. c. 51, s. 23, the sessions have power to adjourn the appeal to the next quarter sessions. Proceedings upon determination of appeal.] By 7 & 8 Geo IV. c. 53, s. 85, where the judgment of the justices appealed against shall be affirmed, such judgment shall be enforced by the justice

of the peace in like manner as if there had been no appeal; and where the judgment appealed against shall be reversed, such new judgment shall be executed by the justice of the peace at the quarter sessions by whom such new judgment shall have been given.

Sessions shall grant warrants for the levy of penalties.] By 7 & 8 Geo. IV. c. 53, s. 87, justices on appeal are authorized to grant warrants under their hands, to any officer of excise, for the sale of the goods, &c. which they shall have condemned; and where the judgment to be enforced shall be for any penalty, it shall be lawful for such justices at the quarter sessions to apply the money which shall have been so deposited in satisfaction of such judgment (d).

Warrant of distress.] By 7 & 8 Geo. IV. c. 53, s. 87, if the amount deposited is not sufficient to satisfy the penalty, the justices at quarter sessions may grant a warrant to levy the necessary amouut.

On judgments to be enforced by them, when no appeal.] By s. 86, where any judgment required to be enforced (the same not having been appealed against, or, if appealed against, having been affirmed) shall be for the condemnation of any goods, &c., it shall be lawful for such J. P. to apply the money which shall have been deposited in satisfaction of such judgment, and if the same shall not be sufficient, to grant a warrant to any officer of excise for the sale of such goods, &c. which they shall have condemned; and where the judgment to be so enforced shall be for any penalty, it shall be lawful for the J. P. to grant a warrant under their hands to any officer of inland revenue, authorizing such officer to levy the penalty or sum of money, or so much as shall not have been so satisfied, upon the goods of such person, and either to detain such goods in the place where they shall have been found, or to remove the same. By s. 88, it shall be lawful in any levy warrant to order that the goods shall be sold and disposed of (so as such time be not less than four days nor more than eight days), unless the penalty or sum of money for which such levy shall be made, shall be paid. By s. 89, it shall be lawful for the officer of excise to deduct the penalty or sum for which such levy shall be made, and all reasonable expenses, and to return the overplus to the proprietor. By s. 90, for want of sufficient goods whereon such penalty can be levied, it shall be lawful for the persons by whom such warrant shall have been

(d) There does not seem to be any provision for the return of the deposit, if the conviction below be quashed. The course to adopt would

be to serve notice requiring the money to be returned forthwith, or that proceedings will be taken for its recovery.

granted, or any one to whom such return shall have been made, to grant a warrant to any officer of inland revenue, to arrest and convey such person to the common gaol within his jurisdiction, and deliver the person with a duplicate of such warrant to the gaoler, there to be kept until satisfaction be made of such judg ment, or until such person shall be ordered by commissioners of excise in Ireland to be liberated. By s. 91, where any goods belonging to any person against whom any such warrant for arrest shall have been granted, shall be found at any time after the granting of such warrant, it shall be lawful for the person by whom such warrant shall have been granted, or for any one or more of the J. P.'s in whose jurisdiction any such goods shall be found, to award and grant a fresh warrant to any officer of inland revenue, to levy upon the goods so found any penalty or any sum of money for which the former levy warrant may have been granted, or to levy so much as may not have been before paid, and upon payment the warrant shall be discharged, and the person arrested forthwith liberated.

Warrants to be executed upon indorsement by J. P.] By s. 92, where any such warrant shall be granted, and cannot be executed, it shall be lawful for any one or more of the J. P.s for any other county, &c. within the United Kingdom, and such justice is authorized to endorse his name upon such warrant; and such warrant and endorsement thereon shall be a sufficient authority to the officer of excise having the execution thereof, to execute the same in such other county, &c. and to arrest and convey such person or persons to gaol, &c.; provided always that no action shall be brought against any justice for granting or endorsing

same.

By

Complaints as to overcharges.] See 4 & 5 Will. IV. c. 51, s. 27, which gives jurisdiction to any two or more J. P.s to hear complaints and adjudicate thereon. By 23 & 24 Vic. c. 113, which amends the laws relating to the excise, it is provided that persons retailing beer at places not specified in a licence to be deemed to retail beer without a licence, and to be liable to a penalty accordingly, s. 37. Persons taken before a J. P. charged with an offence against the laws relating to the excise or inland revenue may be remanded or admitted to bail, id. s. 39. 23 & 24 Vic. c. 114, s. 9, it is provided that no licence is to be granted for any still of less content than 400 gallons without certificate of three justices of the fitness of the person to be licensed. No licence to be granted for retailing spirits within gaols or houses of correction, nor shall spirits be used there except such as shall be medicinally prescribed, id. s. 193. Justices upon information that spirits are kept and disposed of in any gaol, &c., may enter and search, and empower any constable

to seize same, s. 194. Persons hawking or selling spirits in unlicensed places to forfeit the same and a penalty, and may be committed to the house of correction for non-payment, s. 195. J. P. on information on oath may issue warrant to apprehend persons hawking spirits, s. 197. By 24 & 25 Vic. c. 21, power is given to licensed dealers in spirits, taking out an additional licence, to retail and send out foreign or British spirits, in less quantities than two gallons, s. 2. Licence may be granted for the sale of table beer by retail, not to be drunk on the premises without persons being rated, &c. s. 3. Licence may be granted to a hawker on a certificate of a justice or an officer of police, s. 6. Persons seeking orders for goods at other men's houses to be deemed hawkers, s. 9. House agents required to have licence, s. 12.

EXPLOSIVE SUBSTANCES, causing bodily injury by, felony; 24 & 25 Vic. c. 100, s. 20. Exploding, &c. with intent to do bodily harm, felony; id. s. 29. Placing near building with like intent; id. s. 30. Destroying, &c. house with, any person being therein, felony; 24 & 25 Vic. c. 97, s. 9. Attempting to destroy house with, felony; id. s. 10. Manufacturing or having in possession, with intent to commit a felony; id. s. 54. Seizure and search for; see id. s. 55; see tit. GUNPOWDER.

EXTORTING property by accusing or threatening to accuse of crimes, a felony; 24 & 25 Vic. c. 96, s. 47; by menaces or force with intent to steal, or sending letter threatening to accuse of crime with intent to extort, felony; id. ss. 45, 46.

EXTORTION. A misdemeanor at common law. Extortion is defined to be the taking of money by an officer, by colour of his office, either where none is due, or where it is not yet due (e).

FACTION FIGHTING. Magistrates have been directed by circulars dated the 18th day of June, 1861, to send cases coming under this head to trial at the assizes and not return them to the quarter sessions.

FACTOR. Fraudulently pledging, &c. goods intrusted to them, a misdemeanor; 24 & 25 Vic. c. 96, s. 78.

FACTORIES. By 13 & 14 Vic. c. 54 (ƒ), no young person

(e) See Lefroy, C.L. 103; see also THREATENING.

(f) By this statute, 3 & 4 Will. IV. c. 103, 7 & 8 Vic. c. 15, and 10 & 11 Vic. c. 29, are amended, and this act is by the 9th section to be construed with the other acts. 7 & 8 Vic. c. 15, is very similar in its provisions to 8 & 9 Vic. c. 29. See also 16 &

17 Vic. c. 104, an act further to regulate the employment of children in factories; and 19 & 20 Vic. c. 38, for further amending the law relating to labour, and which fixes a penalty for not fencing machinery after notice, and also 24 & 25 Vic. c. 112, being an act to place the persons employed in lace factories under

and no female above eighteen years shall be employed in any factory before six o'clock, a.m. or after six o'clock, p.m. (save to recover lost time); and no young person and no female above the age of eighteen shall be employed in any factory either to recover lost time or for any other purpose on any Saturday after two o'clock, p.m.; s. 1. The times allowed for meal times shall be taken between the hours of half-past seven o'clock in the morning and six in the evening. No young person and no female above the age of eighteen years shall, in order to recover lost time, be employed after seven o'clock in the evening of any day, and the times before six, a.m. and six, p.m. which any such young person or female is employed in any day shall not exceed one hour; s. 4. Power to employ young persons and females from seven o'clock, a.m. to seven o'clock, p.m. from the 30th day of September and 1st day of April, under certain regulations; s. 6. Any child employed solely in winding and throwing raw silk, who shall have obtained a surgical certificate of having completed his eleventh year, to be employed in all respects as young persons may be under this act; s. 7 (g). Young persons, and every female above the age of eighteen employed or allowed to remain in any room where any manufacturing process is there carried on, during meal times, shall be deemed to be employed contrary to acts; s. 8. By 8 & 9 Vic. c. 29 (h), certificates not given by certifying surgeon must be by persons duly authorized and countersigned by justice of the peace; s. 9. If any sub-inspector shall make a complaint before a justice of the peace, that the real age of a person employed without a surgical certificate is less than sixteen years, the occupier of the print work shall be liable to the penalties for employing persons for whom a surgeon's certificate is required by law, unless he can prove by the registry that such person is really sixteen years of age; s. 18. Occupier of the print work to be liable for offences against this act in the first instance, but he may put the liability on the actual offender, and summon him before a justice of the peace; s. 30. Complaints for offences against this act to be made within two months after the commission of the offence, unless it be for employing a child without certificate, in which case it shall be preferred within six months, or in case of complaints punishable at discretion by fine or imprisonment, then within twelve months; s. 31. Proceed

the Factories Act; by this act agents or workmen may be summoned and punished for offences done without the knowledge of their employers; see also 23 & 24 Vic. c. 78, relating to dyeing works.

(g) This repeals that portion of 7

& 8 Vic. c. 15, which provides regu lations as to children above eleven years of age employed solely in winding and throwing of raw silk.

(h) This is an act to regulate the labour of children, young persons, and women in print works.

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