OFFENCES within the 11 & 12 VICT. c. 43. Statute. STEAM NAVIGATION. (Note 163.) 1. Masters, &c. neglecting to provide Hose, Boats, &c.] Not providing steam vessel before proceeding to sea with hose for extinguishing fire, or 2. Being an iron steam vessel, with watertight partitions, or 3. A steam or other vessel of 100 tons burden or upwards, with boats and requisites (vide s. 3 for table of number and dimensions), or 4. Such boats lost or rendered useless in the course of the voyage through the wilful fault or negligence of the owner or master, or 5. If boats, &c. being accidentally lost, &c. wilfully neglecting to replace or repair the same on the first convenient opportunity. 6. Regulations as to passing Vessels.] Master or other person having charge When meeting or passing any other steam vessel to pass as far 7. Lights.] Master or other person not exhibiting lights when within 20 8. Notice of Loss, Accident, &c.] Owner, master or other person, apprehending steam vessel to be lost, &c., neglecting to send notice to Lords of Committee of Privy Council for Trade within a reasonable| time thereafter. 9. Obstructing Inspectors.] Any person wilfully obstructing or impeding inspector in the execution of his duty, whether on board vessel or otherwise, and 10. Others aiding and assisting therein. 9 & 10 Vict. c. 100, s. 7 (Note 164). Id. s. 9. Id. s. 12. Id. s. 19. Id. s. 22. c. 81, s. 1. 11. Owner of any steam vessel neglecting to transmit to Privy Council 11 & 12 Vict. for Trade, at the time specified in 9 & 10 Vict. c. 100, the declarations in writing prescribed. (163) The offences here given are under the "act for the regulation of and for requiring sea-going vessels to carry boats." The act does not extend to any of her Majesty's ships of war, or to any vessel not being a British registered vessel (s. 36), nor does it repeal or alter the 5 & 6 Vict. c. 107, as to merchant vessels. (164) There is a penalty imposed by s. 32 on witnesses not appearing, or refusing to be examined, not exceeding £5. See Note (f), ante, p. 29. (165) The summons may be served on board the ship (s. 23). (166) Offences on the high seas are to be deemed to have been committed at the place into which the offender is brought, or in which he is found; and justices to have jurisdiction to proceed by summons to convict offender (s. 24). (167) To the general quarter sessions; but not to be entertained unless made within four months after the making of justice's determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless appellant forthwith after such notice enter into recognizances, with two sufficient sureties, before a justice, to prosecute such appeal, and to abide the order of the court thereon. (168) By s. 6 the penalties by this act imposed are to be sued for, recovered and applied in like manner as those imposed by the 9 & 10 Vict. c. 100. OFFENCES within the 11 & 12 VICT. c. 43. STEAM NAVIGATION-continued. 12. Steam vessel at any time having or receivng on board greater number of passengers than specified in ce. tificate of Board of Trade. Statute. 11 & 12 Vict. c. 81, s. 2. 13. Neglecting to cause a true copy of certificate last received from Board of Trade to be put up in some conspicuous part of vessel. Id. s. 3. Id. s. 4. 14. Persons having been refused admission, forcing their way on board when vessels are full. 15. Persons refusing or neglecting to pay their fares on quitting vessels, &c. Id. s. 5. SUNDAY. 1. Trading on.] Any person, being of the age of 14 years or upwards, [tradesmen, artificer, workman, labourer, or other person whatsoever (Note 169),] doing or exercising any wordly labour, business or work of their ordinary callings upon the Lord's day or any part thereof, works of necessity and charity only excepted. 2. Any person whatsoever publicly crying, showing forth or exposing to sale, any wares, merchandize, fruit, herbs, goods or chattels whatsoever upon the Lord's day or any part thereof (Note 170). 3. Travelling on.] Drover, horse courser, waggoner, butcher, higgler, their or any of their servants, travelling, or coming into his or her inn or lodging, upon the Lord's day or any part thereof. 29 Car. 2, c. 7, s. 1. Id. Id. s. 2. 4. Unlawful Sports on.] There shall be no concourse of people, out of their 1 Car. 1, c. 1. own parishes, on the Lord's day, for any sport or pastimes, or 5. Any bear-baiting, bull-baiting, interludes, common plays, or other unlawful exercises and pastimes used by any persons within their own parishes. SWEARING. Any person profanely cursing and swearing, i. e. :— 1. Any day labourer, common soldier, common sailor, or common seaman. 19 Geo 2, c. 21, s. 1. [Vide Mem. to Offence 2, ante, p. 218.] (169) These general words are meant to comprise only persons ejusdem generis with those previously mentioned (Sandman v. Breach, 7 B. & C. 96). (170) This provision is not to extend to the prohibition of dressing meat in families, inns, cookshops or victualing houses, or to selling milk before 9 A. M. or after 4 P. M. (s. 3); see title "Bread and Flour" ante, p. 96; nor to the crying or selling mackerel before or after divine service. (10 & 11 Will. 3, c. 24, s. 14.) (171) There can be only one penalty recovered for any number of instances of trading by the same person on the same Sunday (Cripps v. Durden, Cowp. 640) (172) If the cursing or swearing be in the presence of a justice, he may convict the party without further proof (s. 2); if in the presence of a constable, he may apprehend the party without warrant, and carry him before a justice, in order that he may be convicted (s. 3), the justices to take an information upon oath of the offence having been committed (s. 4). |