Nuisances Removal and Diseases Prevention Act, 1848, p. 178; owner or occupier not complying with justice's order for cleansing dwelling-house, O. 1; suffering sewerage or noxious matter to remain in any ditch so as to be a nuisance, O. 2; obstructing any person employed under the act, 0.3, p. 180; violating any direction of the General Board of Health, O. 4; occupier refusing to comply with order requiring him to permit necessary works to be executed, O. 5.
Matters to be done in petty sessions or by one justice, 402; preliminaries to the removal of a nuisance, 403; form of notice by two householders (A), 407 ; examination and complaint to a justice, summons and service, 404, 405; form of complaint by an officer of guardians (A a), 408; form of summons (B), 408; hearing, order and service, 405; form of order (C), 408; non-compliance with order, 405; form of order to permit execution of works by owner (D), 409; costs of order, how recovered, 406; open ditches adjoining highways, 406.
Oath, in summary convictions and orders, on taking an information or complaint, 13; form, 13; of Jews, Quakers, Moravians, deaf and dumb persons, 13; on hearing of information or complaint, 43; form, 43; to service of sum- mons. 35; to obtaining a summons for a witness, 27.
in indictable offences, on taking information, 302; form, 13; of service of summons, 306; of witnesses on hearing of charge, 318; to obtain a summons for a witness, 314.
of constables on appointments, see “Constables."
Oaths, false, see "Perjury."
taking or administering unlawful, O. 173-175, p. 356.
declaration in lieu of, form, 410.
Objections, none allowed to informations or complaint in summary convictions and orders or indictable offences, 39, 302; nor to summonses, 39, 306; nor to warrants, 21, 306.
Obliterating records, O. 117, p. 352.
Obscene books or prints, exposing to view, O. 111, p. 350; O. 12, 13, p. 246. Obstructing constables, see" Constables."
officers of customs in prevention of smuggling, O. 222, p. 362.
Obstructing highway, O. 64, p. 144; turnpike road, O. 76, p. 234.
Obtaining money by false pretences, O. 90, p. 348.
Occupier killing game, O. 43, 44, p. 124, when entitled to the game, N. 72; killing hares act, N. 67, p. 120; 392.
Offences in gaols, see "Gaols and Houses of Correction."
in workhouses, see "Poor."
Offence; second or subsequent offence, 17; several offences, 15. Offences within the provisions of 11 & 12 Vict. c. 43, pp. 79-253. not within that act, pp. 254-295, and see Preface.
Offences cognizable summarily under Juvenile Offenders Act, 150, N. 93; and doubtful offences.
Offenders liable on summary convictions, 14, 15; query minors for not completing contract, N. 19, p. 263; aiders or abettors, counsellors or procurers, in the commission of any offence, 15, 44.
Office, refusing to execute, O. 73, p. 346; buying or selling, or soliciting for money, O. 176, p. 356.
Officers of the army, killing or taking game, O. 13, p. 120; see " Military Law." Officer, peace, assaulting a, in the execution of his duty (indictable), O. 33, 36, p. 342; costs on prosecution for, 343, and N. (c), p. 338.
Open court, in summary convictions and orders, 32; not in indictable offences, 317.
Opposing making of proclamation, in case of riot, O. 213, p. 362.
Order upon a complaint, distinction between a conviction and an order, N. (a), p. 11; forms of orders (K 1) to (K 3), 52, 53; in all cases, costs on, 48; before order enforced, copy of minute of it to be served, 47, 66; and form, in N. (gg), p. 48.
Order of dismissal, 35, form, 36; certificate thereof, 35, form, 36.
Order on county treasurer for conveying defendant to prison, 71, form, 72. for conveying accused to gaol in indictable offences, 336, form, 337.
Orders, disobeying, see "Justices' Orders."
Ore, stealing from mines, O. 130, p. 352; from Cornish mines, O. 131. Outhouse, setting fire to, O. 13, p. 340.
Outline of new practice in summary convictions and orders, 2-5.
in indictable offences, 297-299.
Overseers, 180; neglecting provisions of Parochial Constables Act, O. 1-4; Jurors Act, 180; County rating Acts, O. 5-9; Lunatic Act, 10-12; as to beerhouses, O. 20-24, p. 90; see" Dead Bodies," ""Poor."
Overseers, appointment of, 375, form, 376; allowance of accounts of, 376; re- covery of union contributions from, 376; recovery of balances found by union auditor from, 414.
Ownership of property, how described in information or complaint, 17.
Oxen, illtreating, see Cruelty to Animals.”
Oysters, stealing or dredging for, O. 120, 121, p. 352.
Packages of hawkers to be marked, O. 1, p. 262.
Pales in a fence, stealing, O. 23-25, p. 156; damaging, O. 7, 8, p. 162. Parish apprentices, offences as to, see Apprentices."
Parks, see Larceny;" "Malicious Injuries."
Partridge, killing out of season,
Passengers, see" Steam Navigation.”
Passengers by railways, frauds by, O. 47-50, pp. 204, 206.
Pauper lunatics, see "Lunatics."
Paupers, chargeable to common fund or parish in union, and committing offences in a workhouse, where to be committed by justices, and form of commit- ment, N. 143, p. 194.
Paving, draining and improving towns, reference to proceedings for penalties under, 182.
1. Offences by Pawnbrokers, 182; not attending summons with books, &c., O. 1, 2; taking in unfinished goods, O. 3; refusing to deliver up pawned goods, O. 4; taking more than legal interest, O. 5; refusing copy of pawn ticket, &c., O. 6; selling pawns before a year, O. 7, 8; purchasing pawns, &c., 0.9-11, p. 184; taking pledges from persons under twelve, or intoxicated, O. 12; not keeping books as directed, O. 13; buying or taking pawns at unlawful hours, O 14-19; not having board over door, O. 20; buying, &c. parish goods, O. 65-68, p. 196.
II. Illegal pawning, forging duplicates, &c., 184; pawning without authority, O. 21, 22; forging, uttering, &c. pawn tickets, O. 23-25; search for goods illegally pawned, 410; lost duplicates, &c. how remedied, 410.
Peace, sureties for, see "Sureties."
Peace officer, see" Constables."
Pedlar, see "Hawkers and Pedlars."
Penalties, &c. to be paid to clerk of petty sessions, 73. See "Enforcing Convic-
Perjury and subornation of perjury, O. 177—179, p. 358. Person, indecently exposing, O. 110, p. 350; O. 14, p. 246. Personation of soldiers, sailors, &c., O. 180-182, p. 358.
Petty sessions divisions, 379; matters to be transacted at, 379-421.
Petty session, clerks of, to receive and apply penalties and sums, 73; to render monthly account, 73; form, 74.
Pheasants, killing out of season, O. 24, p. 122.
Pictures, exhibiting indecent, see "Indecency.”
Pigeon, killing, wounding or taking, O. 14, p. 154.
Piracy, O. 183, p. 358.
Pistol, firing off near highway, see “Gun.”
Place of committing offence, stating, not material if within jurisdiction, 15; of hearing, must be public, in summary convictions and orders, 32; in in- dictable offences not, 317.
;” « Malicious Injuries.”
Plants, stealing, damaging, &c., see "Larceny ;"
Plantations, setting fire to, O. 18, p. 340.
Playing on highway, O. 57, p. 144.
Plays and players, see "Theatres."
Pleasure grounds, see " Larceny ;" "Malicious Injuries.” Plumage of stolen birds, having, O. 13, p. 154.
Poison, administering, to procure abortion, O. 3, p. 340; with intent to murder, O. 37, 38, p. 342; laying, to kill game, O. 14, 15, p. 126.
Police, see" Constables."
Police of Towns Consolidation Act, reference to proceedings for penalties under,
Polygamy, see Bigamy."
Ponds, breaking down dam of, O. 161, p. 356.
I. Offences by Overseers, &c., 186; authority from guardians to proceed, N. 133; neglecting duty, O. 1; disobeying orders, &c. of justices, guardians or commissioners, &c., O. 2-8; definition of "officer of union," N. 134; neglecting to make or collect rates, or to pay same to guardians, O. 9, p. 188; neglecting to make up accounts for audit, altering, refusing in- spection, &c., O. 10—13; neglecting to affix notice of audit, O. 14; not attending audit, producing accounts, or signing declaration, O. 15–17; disobeying justice's order for temporary relief, O. 18; embezzling money, &c., O. 19-21; furnishing goods to union, O. 22, p 190; receiving money, or interfering as to bastards, O. 23-25; deriving profit from pauper's burials, O. 26-29; making an illegal payment from parish funds, O. 30, 31; neglecting to make up and verify accounts, pay over money, &c., O. 32-37; refusing paupers under orders of removal, 0.38, p. 192; unlawfully removing paupers to another parish, O. 39–42; re- fusing inspection of rates, O. 43.
11. Offences by Workhouse Master, &c., 192; authority from guardians to pro- ceed, N. 133, p. 186; ordering spirits to be brought into workhouse, &c, O. 44-47; punishing adult persons corporally, O. 48, 49, p. 194; ill- treating paupers, &c., O. 50—52; omitting to hang up rules, O. 53. III. Offences in Workhouse, 194; authority from guardians to proceed, N. 133, p. 186; form of commitment to county gaol where pauper chargeable, N. 143, p. 194-197; bringing spirits into, &c., O. 54, 55, p. 194; embezzling, &c. clothes, 0.56-58; paupers misbehaving, refusing to work, &c., O. 59-61, p. 198; occasional poor refusing to work, destroying own clothes or property of guardians, O. 62-64; buying parish goods, O. 65-67; defacing marks on, 0.68; absconding with clothes, &c., O.69. Vagrants."
Poor, Matters to be done in Special Sessions: appointment of overseers, 375; form, 376; verification of overseer's accounts, 376; recovery of union contributions, 376; appeals against poor's rates, 376; mode of conduct- ing appeals, 376.
Matters to be done in Petty Sessions: appointment of assistant overseer, 410; removal of poor, 411; relief, 411; attaching wages, 411; maintenance of relations, 411; recovery of poor houses, 411; excusing rates, 411; allowance of rates, and form, 411; recovery of rates, 411; forms: com- plaint, 412; summons, 412; distress warrant, 412; constable's return, 413; commitment in default, 413; apportioning rate on removal, 414; recovery of balance found by union auditor to be due from overseers, 414. Port, stealing from a vessel in, O. 139, p. 354.
Posts used as a fence, see " Larceny ;"
I. Offences by Licensed Postmaster, O. 1—13. II. Offences by other Persons, 268; O. 14―31. Recovery of post horse duties, 414.
Post office, 270; offences as to ship letters, O. 1-6; misconduct of persons in conveying letters, O. 7-18, p. 272; conveying letters otherwise than by post, O. 19-25, p. 274; as to seamen or soldier's letters, O. 26—31; writing, &c. in newspapers sent by post, O. 32-40, p. 276; abettors, O. 41.
Recovery of postages, 414.
Indictable offences, O. 184, p. 358, to O. 198, , P. 360.
Poundbreach, 198; releasing cattle impounded for being on inclosed land, O. 1, 2; damaging pound, lock, &c., O. 3, 4; on highways, O. 65—67, pp. 144, 146; on turnpike roads, O. 112-115, p. 242.
Practice, outline of new, on summary convictions and orders, 2-5; the practice, 1-78.
In indictable offences, 297-299; the practice, 297-338.
Prisoner, statement of, in indictable offences, 319; form, 322; to pay expenses of conveyance to gaol if able, 336.
Privy council, offending against orders of, see Sheep ;"
Process to issue on informations and complaints in summary convictions and orders on informations, 20, 21; on complaints, 23. For indictable offences, 305, 308, 309.
Proclamation in riots, 417; form, 417; opposing the making of it, O. 213, p. 362.
Procuring commission of offences, see "Accessories."
Proof of service of summons in summary convictions and orders, 21; deposition of the constable thereof, note (d), p. 21.
In indictable offences, 306.
Prosecute, binding over parties to, in indictable offences, 327.
Prosecutions, costs of, 337; how and by whom paid in felony, 337; in certain
misdemeanors, 338, note (c).
Prostitute behaving in a riotous or indecent manner, O. 5, p. 244.
Protection of justices from vexatious actions, analysis of act for, 8-10.
Proviso in a statute negativing, see "Exceptions."
Quakers, affirmation of, 13; church rates recovered from, 382.
Qualification of parochial constables, 372; of jurors, 375.
Quarter sessions, jurisdiction of, in indictable offences, note (a), p. 327. Convictions and orders to be filed at, 47.
To make table of fees payable to clerks to justices, 49.
Quashing convictions or orders before action brought against justice, 9. Quay, stealing from, O. 139, p. 354.
Queen's forests, trespassing in pursuit of game in, O. 4, 7, 10, p. 118.
Rails used as a fence, see Larceny," "« Malicious Injuries.”
Railways, 198; definition of "Railway," N. 146. Offences punishable summarily. 1. Offences by Servants of Railway Companies, 198; misconduct of engine driver, O. 1; committing offence against bye-laws, O. 2; omitting to do any act whereby life endangered, passage of trains impeded, &c. O. 3; aiders, O. 5; not accounting, 0.6, p. 200; warrant to apprehend officer, N. 149; refusing to make accounts and deliver same, &c. O. 7-9; book- keeper refusing inspection of accounts, O. 10.
II. Offences by Company, reference to sections, O. 11-22, p. 200–203. III. Offences by other Persons, 202; list of penalties to be hung up before pro- ceedings taken, N. 152; obstructing inspectors, O. 23; obstructing officers or trespassing, O. 24 and 25; aiding offenders, O. 26; injuring board of bye-laws, O. 27-29; jurors not appearing upon jury, &c., Ŏ. 30— 32; witnesses not appearing, or refusing to be examined, O. 33 and 34, p. 204; obstructing construction of railway, removing poles, defacing marks, &c.. O. 35-37; not fastening gate, O. 38; owner of mines re- fusing inspection, O. 39; pulling down toll-boards or milestones, O. 40 -42; carrier refusing to produce way bills, &c., O. 43-46; passengers practising frauds, O. 47-50; may be detained, N. 158, p. 205; sending dangerous goods by, O. 51, p. 206; offending against bye-laws, O. 52; using engines without approval, O. 53-55; using carriage contrary to regulations, 0. 56; injuring board of penalties, O. 57-59.
Railways, matters to be done in petty sessions-appointment by justices of sur- veyor for various purposes, 415; apportionment of rents, 415; certificates of capital subscribed, &c., 415; consents as to levels, &c., 415; disputes as to fences, water pipes, occupation of lands, &c., 415, 416; disputed compensation for land, 416; payment of special constables for, 416; form of order on company, 416.
Rates, allowance of poor's rate, 411; form, 411; recovery of same, 411; forms, 412, 413; appeal against, 376.
allowance of highway rate, 397; form, 411; recovery of, 374; recovery of rate under General Lighting and Watching Act, 386; under Public Health Act, 1848..394, 395.
Real estate, deeds relating to, forging, O. 93, p. 350; stealing, 0.115, p. 352. Receipt for a prisoner by gaoler, 335; form, 336.
Receiving stolen property, summary, O. 32, p. 158.
indictable, O. 203–206, p.360.
Recognizance of defendant in summary convictions and orders, on adjournment. 24, form (E), 26; till return of distress warrant, 62, form (Ñ 1a), 64. Recognizance of accused, in indictable offences, on remand, 313, form, 313; after committal, 331, form, 333.
Recognizance of prosecutor and witnesses, 327, form, 329; witness refusing to enter into, commitment, 328, form, 330.
Recognizance for due observance of rules in theatres, 377, form, 378; sureties to keep the peace, 419, form, 420.
Records, stealing, obliterating, &c. O. 117, p. 352.
Recruits, swearing in, 402; paying smart money, 402.
Red game, killing or taking out of season, O. 27, p. 122.
Re-examination of witnesses, form of, in indictable offences (M 1), 321.
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