Page images
PDF
EPUB

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

Statute.

VAGRANTS-continued.

II. ROGUES AND VAGABONDS.

8a. Second Conviction as an Idle and Disorderly Person.] Any person committing any of the offences before-mentioned (Nos. 1 to 7), after having been convicted as an idle and disorderly person [including the mother of bastard child, 7 & 8 Vict. c. 101, s. 6].

9. Fortune Tellers.] Any person pretending or professing to tell fortunes,

or

10. Using any subtle craft, means or device, by palmistry or otherwise, to deceive and impose on any of her Majesty's subjects.

11. Lodging in Outhouses, &c.] Wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, not having any visible means of subsistence, and not giving a good account of himself.

12. Indecent Exhibitions.] Wilfully exposing to view in any street, road,
highway or public place,
[or

13. In the window or other part of any shop or other building situate in
any street, &c., 1 & 2 Vict. c. 38, s. 2],

any obscene print, picture or other indecent exhibition.

14. Exposing Person.] Wilfully, openly, lewdly and obscenely exposing his person in any street, road or public highway, or in the view thereof, or in any place of public resort, with intent to insult any female.

15. Exposing Wounds.] Wandering abroad and endeavouring, by the exposure of wounds or deformities, to obtain or gather alms.

16. Collecting Alms under fraudulent Pretence.] Going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence.

17. Running away, leaving Family chargeable.] Running away and leaving his wife or children chargeable, or whereby they or any of them become chargeable, to any parish, &c. (See Nixon v. Nanny, 1 Q. B. 747, Note 181, ante, p. 244; and see Note 185, below.)

18. Bastards.] Woman deserting her bastard child, whereby it becomes chargeable (7 & 8 Vict. c. 101, s. 6).

19. Gaming.] Playing or betting in any street, road, highway or other open and public place, at or with any table or instrument of gaming, at any game or pretended game of chance.

5 Geo. 4,

c. 83, s. 4.

(185) There must be a continual chargeability at the time of conviction in this case, though

family, &c.

[blocks in formation]
[blocks in formation]

Imprisonment for not exceeding 3 ca-
lendar months and hard labour, (s.

4).
Subsequent conviction. An incorrigible
rogue; imprisonment till the next
general or quarter sessions (see Of-
fence 26, ante, p. 248). (Form (P 1),|
p. 57.)

[MEM. Forfeiture of Money, and Sale
of Effects of Offender.] Any money
found upon or in the possession of any
offender, may be applied towards the
expenses of apprehending, conveying to
the house of correction, and maintaining
him therein; and if money sufficient
for these purposes be not found, the
justice muy order his effects [any horse,
&c. or cart, &c. or goods in his posses-
sion or use] to be sold and so applied,
and the overplus to be returned to the
offender (s. 8).

Proof of former Conviction.] A
copy of a conviction filed, duly certi
fied by the clerk of the peace, shall and
may be read as evidence in any court
of record, or before any justices of the
peace acting under the powers and pro-
visions of this act (s. 17).]

Yes

(s. 14, Note 183, ante, p. 245).

it appears the contrary in Offences 1, 2, ante, p. 244, for refusing or neglecting to maintain (12 J. P. 509.)

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

Statute.

VAGRANTS-continued.

II. ROGUES AND VAGABONDS-continued.

s. 4.

20. Having Picklocks, &c. with intent, &c.] Any person having in custody 5 Geo. 4, c. 83,
or possession any picklock, key, crow, jack, bit or other imple-
ment, with intent feloniously to break into any dwellinghouse,
warehouse, coachhouse, stable or outbuilding,

or

21. Being armed with any gun, pistol, hanger, cutlass, bludgeon or other

offensive weapon,

[blocks in formation]

with intent to commit any felonious act.

23. On Premises for an unlawful purpose.] Any person being found in or upon any dwellinghouse, warehouse, coachhouse, stable or outhouse, or in any inclosed yard, garden or area, for any unlawful purpose (Note 184).

24. Reputed Thieves frequenting Public Places with intent, &c.] Any suspected person or reputed thief frequenting any river, canal or navigable stream, dock or basin, or any quay, wharf or warehouse near or adjoining thereto, or any street, highway or avenue leading thereto, or any place of public resort, or avenue leading thereto, or any street, highway or place adjacent, with intent to commit felony.

25. Resisting Apprehension.] Person apprehended as an idle and disorderly person, and violently resisting constable, &c. apprehending him, and subsequently convicted of offence for which apprehended.

III. INCORRIGIBLE ROGUES.

26. Vagrants breaking out of Confinement.] Person breaking or escaping out of any place of legal confinement before expiration of term committed under this act.

27. Second Conviction as a Rogue and Vagabond.] Any person committing any offence against this act which shall subject him to be dealt with as a rogue and vagabond, having been previously convicted as such.

28. Resisting Apprehension.] Person apprehended as a rogue and vagabond, and violently resisting constable, &c. apprehending him, and subsequently convicted of offence for which apprehended.

WATERWORKS FOR TOWNS.

Id.

Id.

Id. s. 5.

Various penalties for Offences under this Consolidation Act.

10 & 11 Vict.

c. 17.

(184) The statute here contemplates some unlawful act upon the persons or property in the house, &c. which would, if effected, subject the party to a criminal prosecution; there must,

[ocr errors]
[blocks in formation]
[blocks in formation]

Commitment to the house of correc-
tion until the next general or quar-
ter sessions, with hard labour (s. 5),
and the sessions may further im-
prison, with hard labour, for not
exceeding 1 year, and whipping if
not a female (s. 10).

[Vide Mem. to Offences 8a-19, ante, p.
247, as to the required evidence of a
previous conviction for the Offence 27.
and as to the application of money, &c.
found upon an offender]

Id.

Penalty, &c. to whom payable.

Within 6 cal. months (8 Vict. c. 20, ss. 151, 3).

Recovered in the same manner as
for Offences under the "Railways
Clauses Consolidation Act, 1845"
(8 Vict. c. 20, s. 85); see tit. "Rail-
ways," ante, p. 204.

however, be direct or presumptive evidence of such a purpose, and it must be particularly set out in the proceedings.

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

Statute.

WEIGHTS AND MEASURES.

I. OFFENCES BY INSPECTORS.

II. OFFENCES BY DEALERS AND OTHERS.

I. OFFENCES BY INSPECTORS.

1. Stamping any weight or measure without duly verifying the same by 5 & 6 Will. 4, comparison by copy of imperial standard,

or

2. Guilty of any breach of duty,

or

3. Otherwise misconducting himself in the execution of his office.

c. 63, s. 29.

4. Knowingly stamping any weight or measure of any person residing within the limits of any local jurisdiction for which another inspector appointed.

II. OFFENCES BY DEALERS AND OTHERS.

5. Sale by illegal Measure.] Any person selling, by any denomination of measure other than of the imperial measures, or some multiple or aliquot part, such as, the 4th, 8th, 16th, or 32nd parts thereof.

6. Sale by heaped Measure.] Selling any article by the heaped measure. 7. Selling Coals by Measure.] Selling any coals, slack, culm, or cannel of any description, by measure and not by weight.

Id. s. 25.

Id. s. 6.

Id. s. 7.

Id. s. 9.

8. Using unauthorized Weights, &c.] Using any weight or measure other than those authorized by this act, or some aliquot part thereof, or which has not been stamped (except any single weight above 56lbs., or wooden or wicker measure used in the sale of lime, or other articles of the like nature, or any glass or drinking cup,) or which shall be found light or otherwise unjust.

9. Refusing buyer to make comparison of drinking cup, wooden or wicker measure, glass or jug,

or

10. On comparison, such drinking cup, &c. being found deficient in quantity.

11. Having Possession of unjust Weights, Steelyards, &c.] On examination by a justice, or an inspector, of any shop, store, warehouse, stall, yard, or place whatsoever, wherein goods exposed or kept for sale, or weighed for conveyance or carriage, with imperial standard, any weights, measures, steelyards, or other weighing machines, being found incorrect or otherwise unjust,

or

Id. s. 21.

Id. s. 28.

(186) Within fourteen days next after any order, judgment, or determination, to the then next ensuing or general quarter sessions, first giving seven days' notice in writing of such intention to appeal, and the grounds and nature thereof, to the party against whom such complaint is in

« PreviousContinue »