be set to work; or guilty of drunkenness, insubordination, or disobedience to rules; or attempting to introduce spirituous liquors into workhouse contrary to orders, shall, on conviction before J. P. at petty sessions, be committed to hard labour for not exceeding one month; s. 58. J. P. on oath made before him that any person has committed any of the offences aforesaid, may issue his warrant to apprehend offender; s. 60. Persons having the custody of rates, and refusing to permit persons affected to make copies, shall forfeit not exceeding 10s.; s. 70 (v). Where penalty or forfeiture recoverable before J. P. party complained against may be summoned before any two J. P.s and on proof convict the offender; s. 99 (w). Officers disobeying guardians or provisions of this act shall, on conviction before two J. P.s, forfeit a sum not exceeding £5; s. 100. If any one employed under authority of guardians shall embezzle or misapply any of the monies, goods or chattels belonging to the union, he shall forfeit on conviction before two J. P.s not exceeding £20, and treble the value of the goods, &c. purloined, and be thereafter incapable of serving any office relating to relief of poor; s. 101. If any person wilfully neglect or disobey order of commissioners, he shall on conviction before two J. Ps. forfeit for first offence not exceeding £5; second, from £5 to £20; third and subsequent offence, deemed a misdemeanor, and on conviction, fine not less than £20, and imprisonment, as awarded by court before whom tried; s. 102. All penalties and forfeitures, if not paid forthwith on conviction, leviable by distress and sale; overplus to owner; offender may be imprisoned until return of warrant of distress, unless sufficient security; if no sufficient distress, party may be committed for not exceeding three months, unless penalty, &c. be sooner paid; s. 103. Appeal.] For power to appeal and requisites to be followed, see ss. 106, and following ones; and also 12 & 13 Vic. c. 104, ss. 22, 23, 29; also 2 Vic. c. 1, s. 9. See ante, p. 190, chapter on Appeal. If the party intend to apply to the court above for a writ of certiorari, he must previous to such application enter into the recognizance required by the statute before a J. P. of the county or place where he resides; s. 116. By 2 Vic. c. 1, s. 9, a power of appeal is given against rates to quarter sessions, although assistant barrister does not preside; see further as to appeal against rates, 6 & 7 Vic. c. 92, ss. 8, 9; 12 & 13 Vic. c. 104, ss. 22, 23; see also 6 & 7 Vic. c. 36, ss. 5, 6, as to appeal in cases of scientific societies. By 6 & 7 Vic. c. 92, s. 25, a (v) By 6 & 7 Vic. c. 92, s. 9, it is provided that the valuation on which the rate "shall have been made" may also be inspected and copied. penalty of not exceeding £10, to be recovered before justices as provided by 1 & 2 Vic. c. 55, ss. 99, 103, is inflicted for making or tendering false claims, voting papers, &c. and for altering or suppressing nomination or voting papers, &c. Collection of rates.] The poor-rate is collected, levied, and recovered under the provisions of the Irish poor relief act, by the same ways and means as county-cess is recoverable, as well as by means specially provided for in certain cases in subsequent acts for amending the Irish poor law. See 6 & 7 Will. IV. c. 116, ss. 152, 153; 1 & 2 Vic. c. 56; ss. 73, 78; 6 & 7 Vic. c. 92, ss. 2 to 6, 11; 12 & 13 Vic. c. 104, ss. 15 to 19, 29, 30. It would be impossible to give in the scope of this work a complete. extract of the sections above referred to, and the different acts relating to the recovery of poor-rates; the reader is therefore referred to the above acts and to Moore's Poor Law, the statutes being attainable at every petty sessions court. Unroofing dwelling-house.] By 11 & 12 Vic. c. 47, s. 7, whosoever with the intent to dispossess any person actually dwelling in a house or other building used as a dwelling-house, whether such person shall be so dwelling under a continuing tenancy or holding over after the expiration thereof, or otherwise, shall, except so far as may be necessary to enable the sheriff or his officer to effect an entrance thereto, pull down, demolish, or unroof in whole or in part such dwelling-house or building used as a dwelling-house whilst such person or any of his family shall be actually within, the same shall be guilty of a midemeanor. POST OFFICE. By 1 Vic. c. 36, any person conveying otherwise than by the post a letter not exempted from the exclusive privilege of the postmaster-general; or performing services incidental to conveying letters otherwise than by post; or sending, &c. letters otherwise than by post; or collecting exempted letters; or master of vessel, &c. possessing unexempted letters after delivery to post-office; penalty not exceeding £5 before one J. P.; ss. 2, 3. Commander of ship, &c. or regiment, &c. wrongfully superscribing letters from seamen or soldiers, or any other person doing same, same penalty; s. 4. Abusing privilege as to newspapers by writing, &c. in them, penalty treble duty of postage; s. 5. Persons opening letters, penalty £20; s. 6. Letter-carrier guilty of negligence, carelessness, drunkenness, or collecting or delivering otherwise than in the due course of post, loitering or mispending time, &c. penalty £20; ss. 7, 14. Demanding toll for mail-coach, or ferryman demanding toll, penalty £5; s. 9. Sums of money due for postage not exceeding £20, or due from any deputy, agent, or letter-carrier, or other person employed, or from sureties, recoverable before one J. P. by distress, &c.; if insufficient distress, may be committed until paid; s. 43. ! See the act for the indictable offences of embezzling, secreting, or fraudulent detention of letters, &c. Postage-stamps.] By 16 & 17 Vic. c. 59, s. 15, the postmastergeneral may authorize persons in the service of the post-office to sell postage-stamps, or carry same about for sale without being subject to penalty. POULTRY. See ante, p. 429. POUND. See ante, p. 415, et seq. By 12 & 13 Vic. c. 92, persons impounding animals are obliged to provide them with food and water, under penalty of 20s.; s. 5. Any other person may, when the animal shall have been 12 hours without food, enter the pound and supply it; s. 6. And any person who has impounded any animal, and then provided it with food, may recover the amount from the owner of the animal, or after seven clear days' impounding may sell it openly at a public market after three days' notice, and render overplus to owner; 17 & 18 Vic. c. 60, s. 1. By 6 & 7 Vic. c. 30, persons releasing or attempting to release any horse or other beast or cattle impounded, or damaging pound, &c. upon conviction before two J. P.s to forfeit £5 and expenses, and in default of payment to be imprisoned; s. 1. See also 6 Geo. IV. c. 43. PREVENTION OF OFFENCES. Any person may apprehend any one committing an indictable offence at night, and convey or deliver him to a constable to be conveyed before a J. P.; s. 11. PRISONS. The principal statute relating to the inspection and regulations of prisons will be found to be the 7 Geo. IV. c. 74, and 19 & 20 Vic. c. 68; see also 3 & 4 Vic. c. 44, which amends the 7 Geo. IV. c. 74. By s. 109, rule 16, 7 Geo. IV. c. 74, where a prisoner offends against the prison rules, upon a report to any J. P. by a member of the board of snperintendance, he may order the offender to be punished by solitary confinement on bread and water for a term not exceeding one calendar month. Under this statute (see sec. 5,) any J. P. of his county may enter at his will and pleasure and inspect the gaol, and report any occurrence to the board of superintendance. This board is formed under the provisions of the second sec. of that act. It is not considered necessary to extract any further portion of this statute, as by the 23rd rule of the 109th section the keeper of every prison is bound to be provided with a copy of the act. The 19 & 20 Vic. c. 68, further amends the laws relating to prisons. By the 25th sec. power is given to any two J. P.s selected by the board of superintendance attending P. S. to institute an auxiliary board of superintendance for the purposes of that act. Any justice under the 34th sec. has power to punish persons introducing prohibited articles into the prison. Penalty on aiding escape of prisoners, a felony; s. 32. ; see also s. 33, as to jurisdiction to try offenders. Escape by a felon after imprisonment, felony; 8 Geo. L. c. 9, perpetual by 31 Geo. III. c. 44; see also 51 Geo. III. c. 63, s. 6; 1 & 2 Will. IV. c. 44. PUBLICANS. See LICENCE (x); ILLICIT DISTILLATION. By 8 & 9 Vic. c. 64, excise licenses for the retail of spirits in Ireland to be granted as if the regulations in 6 & 7 Will IV. c. 38, had not been made; s. 1. J. P.s, constables, or overseers are authorized to enter the houses of persons licensed to retail spirits to be consumed elsewhere than on the premises; s. 2. Bond required of spirit retailers not to be subject to duty; s. 3. By 2 & 3 Vic. c. 79, J. P.s are to grant warrants for the seizure of spirits sold in places not licensed; s. 1. Penalty on unlicensed persons selling beer; s. 2. Persons duly licensed to sell beer, &c. may carry on business in booths, &c.; at fairs, &c.; sec. 6. By 6 & 7 Will. IV. c. 38, retailers' houses shall not be open for the sale of spirits between nine at night of Sunday and nine in the morning of Monday; exception in favour of a traveller; (xx) under penalty not exceeding £2 (y). Booths and tents at fairs, &c. not to be open for the sale of spirits, wine, or beer, at any hour between six o'clock in the evening and nine in the morning in summer, and three in the afternoon and nine in the morning in the winter, under like penalty; ss. 4 & 5. J. Ps. and constables may enter into any house, &c. in which spirits or beer is sold, and put out persons tippling or gambling at prohibited hours; s. 6 (z). If a soldier offends, J. P. to communicate to his commanding officer; s. 7 (a). Retailers shall not permit illegal assemblies in their houses, or hang out flags or emblems; s. 8. J. P. and constables may enter any house in which spirits or beer are sold, and put out persons assembled, and remove banners, (b) &c.; s. 9. Penalty on persons selling beer, and opposing the entry of J. P., police, (c) &c.; s. 10, 11. Penalty if persons found tippling or gaming at prohibited hours and on persons found drunk; s. 12 (d) Number of overseers under 3 & 4 Will. IV. c. 68, increased. J. P. at petty sessions may appoint overseers; s. 13. All informations under these acts to be exhibited within two months; s. 15. Licenses may be annulled when (x) See 17 & 18 Vic. c. 89, and 18 & 19 Vic. c. 103, ante, p. 282, explained as to granting licences. (xx) A traveller, under this section, would appear to be one who is abroad, either for business or pleasure; and, in either case, is entitled to demand refreshments of an innkeeper. Taylor, App. v. Hum phrey's Resp. 7 Eng. J. N. S. 1288. (y) See post 3 & 4 Will. IV. c. 68, s. 14. (2) See post, id. s. 15. (a) See post, id. s. 16. (b) See Party Processions, p. 651. (c) See 3 & 4 Will. IV. c. 68, 8. 17, 18. (d) See id. s. 19. licensed person shall have offended three times; s. 16. J. P. to grant warrant for the seizure of spirits sold in places not being licensed; s. 17; s. 18 repealed by 2 & 3. Vic. c. 79, s. 3. Penalty on unlicensed persons selling beer; s. 19. Production of licence not necessary on proceedings; s. 20. Form of Conviction. Be it remembered, that on the day of A. D. To wit. A. B. is convicted before us, two of her Majesty's justices of the peace of said county, on the oaths of C. D. in the sum of for that [here state offence]. Given under our hands and seals the day and year above written. 3 & 4 WILL. IV. c. 68. Sec. 1. The proper officer of excise shall grant licences to persons licensed in the year preceding, upon production of a certificate of good character, without any authority from J. P.s; see ante, p. 284 (e). Sec. 2. [Notice to be given for application for licence.] Henceforward every person who shall not have been duly licensed in the preceding year to sell beer, cider, or spirits, to be consumed in the house where sold, and who shall intend to apply for an excise licence, under the provisions of this act and of the 6 Geo. IV. c. 81, for the sale of beer, cider, or spirits by retail, to be consumed as aforesaid, shall, 21 days at least before the first day of the then next sessions of the peace to be held for the district within which the house for which such person shall desire to be licensed shall be situate, give or cause to be given to each of the two next resident magistrates, and to each of the churchwardens of the parish or union wherein such house shall be situate, and to the clerk of the peace for the county, or county of a city, or county of a town in which such house shall be situate, severally and respectively, a notice in writing, signed by such person, stating the intention of such person to make such application, and setting forth the situation and place of such house, as well in respect to the road or highway on or adjacent to which it lies, or otherwise, in a true and particular manner, specifying the town, townland, parish, barony, half barony, and if in a city or town, the street, square, lane, or other description of place, together with the number of such house if such house shall have been numbered, and also the place of abode of such person, and the names and places of abode of the persons whom such person requiring such licence proposes as sureties; and such churchwardens shall cause a copy of every such notice to be posted upon the principal and most usual place for posting notices (e) See 6 & 7 Will. IV. c. 38. s. 1, which requires the excise officer to get a certificate of good character from the chief constable. |