OFFENCES within the 11 & 12 VICT.

MILITARY LAW-continued.

c. 43.

Statute.

8. Any constable or other person employed in billeting presuming to 11 & 12 Vict. billet on any house not liable,

or

9. Neglecting or refusing to billet, when required,

or

10. Receiving any money for excusing any person from receiving any

soldier,

or

11. Quartering wives, children, men or maidservants of officers or soldiers in any house against occupier's consent,

or

12. Neglecting or refusing to execute justice's warrants for providing carriages.

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

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.

NUISANCES AND DISEASES PREVENTION ACT.

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.

c. 11, s. 91.

Id. s. 90.

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

Id. s. 8.

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

Id. s. 7.

(125) 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).

Not exceeding £5, or at discretion

Id.

Id.

Within 6 cal. m. (11 (s. 17). & 12 Vict.

c. 43, s. 11).

Yes

impr. with or without h. 1., for not (s. 19,

Treasurer of county, &c., not

exc. 1 cal. m. (s. 7). (Form (P 1), Note 126). being applied by

p. 57.) On non-payment of pen. (if
adjudged), impr. not exc. 1 cal. m.
or recovered by dist. (s. 15). (Forms
(N 1), p. 63, and (N 5), p. 64.)

Not exceeding £5 above the value of
goods or liquor, or at discretion, im-
prisonment with or without hard
labour, for not exceeding 1 calendar
month (s. 8). On non-payment of
penalty, imprisonment, &c. as Of-
fences 1, 2, above.

Not exc. 10s. for every day during the
continuance of default (s. 1), levied
by distress; in default, impr. for not
exc. 14 days, unless sooner paid (s.
17). (Forms (N 1), p. 63, and (N 5),
p. 64.)

Not exceeding £5 for every day during
which the offence is continued (s. 7);
recovered as Offence 1.

act (see ante,

p. 73.)

Id.

Id.

Guardians of the poor (s. 17).

Id.

(126) 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).

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

Statute.

NUISANCES AND DISEASES PREVENTION ACT-continued.
3. Wilfully obstructing any person acting under the authority or employed
in the execution of this act,

or

4. Wilfully violating any direction or regulation issued by the general Board of Health, or Commissioners of Health, under this act.

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. County Rating Acts.] Overseer, constable, assessor, collector or other person, required to make returns, or to appear before committee, without any reasonable cause, neglecting to make such returns in writing,

to produce such documents [rates, assessments, valuations, ap-
portionments, &c. (s. 7).]

10. Lunatics.] Any overseer or relieving officer omitting (Note 127) 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

11. Omitting to apprehend and take wandering person declared to be lunatic.

8 & 9 Vict.

c. 111, s. 8.

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

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

Not exc. £10 nor less than 40s. (s. 45),
may be mitigated to one moiety, re-
coverable by distress; if insufficient,
impr. for not exc. 6 cal. m. unless
penalty sooner paid (s. 55). (Forms
(N 1), p. 63, and (N 5), p. 64.)
Not exceeding £20 (s. 8), recovered
by distress; if insufficient, impri-
sonment for not exceeding 3 calen-
dar months, unless sooner paid (s.
19). (Forms (N 1), p. 63, and (N 5),|
p. 64.)

Two £10 (s. 50), may be mitigated to not (s. 78). less than one-fourth, recovered by distress; in default of distress, imprisonment for not exceeding 3 calendar months, unless sooner paid (s. 78). (Forms (N 1), p. 63, and (N 5), p. 64.)

(128) 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.

12. 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.

[See titles "Beerhouses," Offences 20 to 24; "Dead Bodies;"
'Highways," Offence 70; "Poor."]

66

PASSENGERS ACT. See "Steam Navigation."

8 & 9 Vict.

c. 126, s. 54.

PAVING, DRAINING, CLEANSING, LIGHTING AND IM

IMPROVING TOWNS.

Various penalties for Offences under this Consolidation Act.

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.

10 & 11 Vict. c. 34.

39 & 40 Geo. 3,
c. 99, s. 25
(Note 129).

3. Knowingly buying or taking in as a pledge or pawn or in exchange, goods in the course of manufacture and unfinished, or linen or apparel entrusted to wash, scour, iron, mend, manufacture, work up, finish or make up.

4. Refusing to deliver up goods pawned on order of justices.

5. Taking more than the legal interest.

6. Refusing to give a copy of a pawn ticket lost, mislaid, destroyed or fraudulenly obtained, with form of declaration, &c.

7. Selling goods pawned before a year,

or

8. Before a year and 3 calendar months, if notice given.

Id. s. 11.

Id. s. 14.

Id. ss. 2, 3, 4, 5.

Id. s. 16.

Id. ss. 17, 19.

(129) Observation.] The provisions of the Pawnbrokers Act apply to pawnbrokers only, and not to persons receiving goods by way of pledge, and the act does not extend to loans above £10. (Fennell et al. v. Attenborough, 12 L. J. Rep. (N. S.), Q. B. 370.)

(130) The churchwardens and overseers of the parish or place where offence committed, or some or one of them, at the discretion or direction of any justice, must prosecute pawnbrokers