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

Statute.

SWEARING-continued.

2. Any other person under the degree of a gentleman.

[MEM. The sum of 1s., and no more, can be taken for the informa-
tion, summons, and conviction (s. 14).]

19 Geo. 2

c. 21, s. 1.

3. Any person of or above the degree of a gentleman.

Id.

THEATRES.

1. Keeping House without Licence.] Any person having or keeping any house, or other place of public resort, for the public performance of stage plays [sect. 23 defines "Stage Plays'], without authority by virtue of letters patent, or licence from Lord Chamberlain or justices.

6 & 7 Vict.

c. 68, s. 2.

2. Performing in unlicensed House.] Any person for hire acting or pre-
senting any part of a stage play in any place not being a patent
theatre or duly licensed.

[Vide s. 9 as to cases in which justices may order a house to be closed,
during which time the house to be deemed an unlicensed house; s. 16
what shall be evidence of acting for hire; and by s. 17, the proof of
licence is to be on party accused.]

3. Acting Plays before allowed, &c.] Any person for hire (see s. 16), acting or presenting,

or

4. Causing to be acted or presented,

5.

any new stage play, or any act, scene, or part thereof, or any
prologue or epilogue, or any part thereof, until allowed by Lord
Chamberlain,

or

which shall have been disallowed.

6. Acting prohibited Plays.] Any person for hire (see s. 16) acting or

presenting,

or

7. Causing to be acted or presented,

any stage play, &c. (as 4), contrary to prohibition [of Lord
Chamberlain, s. 14.]

Id. s. 11.

Id. s. 15.

Id.

(173) Any person who shall think himself aggrieved by any "order" of justices, may appeal to

One

Id.

Two. 6 cal. months (s. 19). (s. 22).

Forfeit 2s. (s. 1). If not paid or se
curity given, impr., with h. l., for 10
days (s. 4), and for 6 days further if
he do not pay the charges of the
information and conviction (s. 10).
2nd Offence. Double the sum (s. 1).
3rd or subsequent Offences. Treble (s. 1).

Forfeit 5s. (s. 1). If not paid or secu-
rity given, impr., and penalties for
second or subsequent Offences, as 2.

Yes

Not exc. £20 for every day on which
such house or place shall have been (s. 20,
so kept open without legal authority Note 173).
(s. 2), in default of payment, levied
by distress, and for want of distress,
impr. for not exc. 6 cal. m. (s. 19).
(Forms (N 1), p. 63, and (N 5), p.
64.)

Not exceeding £10 for every day on
which he shall so offend (s. 11); re-
coverable as Offence 1.

[MEM. The penalties under this title
may be recovered by action (s. 19).]

Poor of parish
where offence
committed
(s. 10).

Id.

Towards defray-
ing prosecutor's
expenses, and
remainder (if
any) to H. M.
(s. 21).

Id.

Id.

the next general or quarter sessions of the peace for the county, &c., whose order shall be final.

35

2 On oath, and One Forfeit 2 (s. 1) If not paid or se

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

TURNPIKE ROADS.

I. OFFENCES BY TOLL COLLECTOR.

II. OFFENCES BY SURVEYOR.

III. OFFENCES AS TO TOLLS.

IV. OFFENCES BY DRIVERS, OWNERS, &c.

V. NUISANCES AND OTHER OFFENCES.

I. OFFENCES BY TOLL COLLECTOR.

1. Demanding greater or less Toll, &c.] Any person, being the farmer or renter or collector of tolls, taking a greater or less toll from any person than authorized by this or the particular turnpike act.

Statute.

3 Geo. 4,

c. 126, s. 55 (Note 175).

2. Any collector not placing board and keeping same on front of tollhouse during the time he shall be a collector.

3. Demanding and taking a greater or less toll [see Stamp v. Sweetland, 14 L. J. 184, M.] from any person than authorized by any act or orders of commissioners,

or

4. Demanding and taking a toll from any person exempt from payment and claiming such exemption [see Note 178, post, p. 224, for the exemptions],

or

5. Refusing to permit or suffer any person to read,

or

6. In anywise hindering any person from reading,
the insciption on the board containing his name,

or

7. Refusing to tell his christian and surname to any person demanding the same, on being paid any tolls,

or

8. Giving a false name,

or

9. Refusing or omitting to give to person paying toll a ticket denoting payment, &c.

or

10. Upon legal toll being paid or tendered, unnecessarily detaining, or wilfully obstructing, hindering or preventing, any passenger from passing through any turnpike or tollgate,

or

11. Using any scurrilous or abusive language to any trustee or commissioner, traveller or passenger.

4 Geo. 4, c. 95, s. 30 (see s. 88).

(174) If a toll collector, or any person acting as such, shall offend against any of the provisions of this act, whereby any penalty shall be incurred, and absconds or absents himself, the justice who convicted him, or, if not convicted, any other justice of the county, on examination of witnesses that offence has been committed, may order and adjudge the penalty incurred to be paid by the lessee or farmer of the tolls under whom such collector or other person acted. (3 Geo. 4, c. 126, s. 54.)

(175) By sect. 138 of 3 Geo. 4, c. 126, witnesses not appearing or refusing to be examined are to forfeit not exceeding 40s. See note (ƒ), ante, p. 29.