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HIGHWAY. It is a misdemeanor at common law to obstruct a common highway. Every way which is common and open to all persons is a highway; a footway or public bridle-way is such (); a river which is common to all the Queen's subjects has been frequently held to be a highway; and if its course change, the highway is diverted into the new channel. injuries whatsoever to a highway, as by digging a ditch, or making a hedge across it, or laying logs of timber, though only laid here and there, so that the passage may be had by winding and turning through them, or doing any act which will render a highway less commodious to the public, is a nuisance at common law. So is suffering the boughs of trees to hang over in such a manner as to incommode the passage; or ploughing up a footpath. So also a waggoner, occupying one side of a public street in a city in loading or unloading his waggons, so that no carriage could pass on that side of the street, although there was room for two carriages on the opposite side of the street, was held indictable for a nuisance. See INDEX.

HOMICIDE. No punishment or forfeiture shall be incurred by any person who shall kill another by misfortune, or in his own defence, or in any other manner, without felony; 24 & 25 Vic. c. 100, s. 7.

HORSE. See CATTLE.

HOUSE. Whosoever, with intent to dispossess any person actually dwelling in any house or other building used as a dwelling, except so far as may be necessary to enable the sheriff to take possession, shall pull down or in part demolish such building, shall be guilty of a misdemeanor; 11 & 12 Vic. c. 47. s. 7. See MALICIOUS INJURIES.-BUILDING HOUSE; and ante, p. 279, 281, for waste by tenant.

Breaking and entering any, warehouse, &c., and committing felony, or attempting to do so, by day or night; see 24 & 25 Vic. c. 96, ss. 51 to 62.

HUSBAND leaving wife or child destitute to receive relief as a pauper, imprisonment not exceeding 3 months H. L.; see 10 & 11 Vic. c. 84, s. 2. For all matters relating to liabilities of paupers and their relations, &c., see post, tit. POOR, and ante, tit. CHILD.

ILLEGITIMATE CHILD. See POOR. ILLICIT DISTILLATION. 20 & 21 Vic. c. 40, continues and amends 17 & 18 Vic. c. 89. Ss. 13, 14, and 17 of that act are repealed, and also s. 3 of 18 & 19 Vic. c. 103. 18 & 19 Vie. c. 62, amends 17 & 18 Vic. c. 89 (an act for the suppression of illicit distillation), and regulates the mode of appeal from an

(j) R. v. Inhabitants of Salop, 13 East, 95; Allen v. Ormond, 8 East, 4.

order of J. P. refusing to renew a publican's certificate; see ante, p. 282 to 289 for directions as to granting licences. 18 & 19 Vic. c. 103, amends 17 & 18 Vic. c. 89, relating to the sale of spirits by unlicensed persons, and illicit distillation; and 23 & 24 Vic. c. 35, further amends 18 & 19 Vic. c. 62, and regulates appeals as to informal orders of justices refusing licences; see ante, p. 285, where the material provisions of these several statutes are all given in consecutive order.

By 18 & 19 Vic. c. 62, if any person shall apply for and be refused the certificate in the said act mentioned, to entitle such person to obtain a renewal of a licence to sell beer, cider, or spirituous liquors, the justices at petty sessions, or the divisional justices, as the case may be, shall, in the event of refusing such application, make an order accordingly, and cause an entry to be made by the clerk, together with the grounds of refusal, in like manner as the justices assembled at Q. S. are required to do by 3 & 4 Will. IV. c. 68; and sec. 2 regulates the mode of appeal; s. 1. See ante, p. 284.

Warrant to search.] By 17 & 18 Vic. c. 89, one or more J.P.s whether in or out of petty sessions, upon examination on oath may grant a warrant to search for spirits in a house not licensed, and to seize same, such warrant to be in force for one month, and the person in whose possession such spirit found for first offence forfeits not exceeding £5, nor less than £2, or not exceeding 3 months' imprisonment; for 2nd offence, not exceeding £10, or less than £3, or imprisonment not exceeding 6 months, or less than 3 months; sec. 2.

Penalties.] Every person not being licensed who shall sell wine, spirits, beer, ale, cider, or perry, liable to penalty in s. 3. By s. 4, one J. P. may grant warrant empowering police to enter into unlicensed houses, which warrant is to be in force for one month, and fixes the penalty on persons found tippling. By s. 5, any person delaying or refusing admittance to J. P. or police, liable to a fine. By s. 6, police are authorized to stop spirits in transitu, and demand and date permits, with power to seize the spirits, &c. in case no permit is produced; and J. P. before whom offender is brought may convict in the penalties in section mentioned. By s. 7, persons duly licensed may sell spirits, &c. at public races, or accustomed fairs, in tents or booths. By s. 8, it is provided that all proceedings under this act are to be conducted as under the Petty Sessions Act, 1851. By ss. 9, 10, persons applying for licences are to give notice to constabulary officer and superintendant of police, and they may object before the J. P. at quarter sessions to the issue of the certificate. By s. 11, no excise officer is to grant a renewal licence without the certificate of the justices.

1 & 2 Will. IV. c. 50, is the chief statute relating to the suppression of illicit making of malt and distillation of spirits in Ireland. From s. 1 to 8, the rules, regulations, and penalties as to malting will be found; from s. 9 to s. 28, the rules as to stills, the penalties for illicit distillation, the powers for the suppression of stills, and the punishment of offenders generally in this respect, are set forth; ss. 29 & 30 inflict punishment on persons forcibly opposing officers, or making signals, or giving notice to smugglers of the approach of officers; from s. 1 to 38 provide for the procedure before J. P. (but see 20 & 21 Vic. c. 40); s. 39 provides for the mitigation of penalties; and s. 47 regulates the mode of disposing of seizures. Under the 19th sec. of the above statute an information was exhibited against the defendant, and it was held that the decision of the J. P. dismissing the complaint on the ground that the evidence proving that the defendant was not seen or arrested in the place, but was only seen coming out of a shed attached to an old house within which the distillation was carried on, and was arrested within a few paces of the shed, did not sustain the information, was erroneous. R. v. Mullins, 8 Ir. L.R. 33; R. v. Moran, id. 35.

Procedure.] All proceedings under 1 & 2 Will. IV. c. 55 (an Act to Consolidate and Amend the Laws for Suppression of Illicit Distillation), and under the 138th section of 6 Geo. IV. c. 80, are to be conducted according to the provisions of the Petty Sessions Act, 1851 (20 & 21 Vic. c. 40, s. 6). See 23 & 24 Vic. c. 114, being an Act to reduce into one act and to amend the Excise Regulations relating to the distilling, rectifying, and dealing in spirits, &c., under which act many offences are cognizable before J. P.s, who have authority likewise to issue warrants to search for suspected stills.

INCITING or soliciting a person to commit an offence, whether statutable or not, a misdemeanor at common law. Inciting to commit murder, a misdemeanor; 24 & 25 Vic. c. 100, s. 4.

INCOME TAX. See ante, p. 245, enabling J. P. to administer oaths, &c. Under 16 & 17 Vic. c. 34, s. 17, jurisdiction is given to one J. P. to deal with defaulting parties at the instance of the collector, in the same manner as they may deal with defaulters of poor rates under 1 & 2 Vic. c. 56, and 6 & 7 Vic. c. 92.

INDECENCY. Public indecency by exposing the naked person, bathing in an indecent manner near a highway, or in any part of a public river, or undressing on the beach and bathing in the sea, where a man can be seen from neighbouring houses, is a misdemeanor at common law. Every person who wilfully and indecently exposes his person, or who commits any act contrary to public decency, liable to fine not exceeding 40s.;

17 & 18 Vic. c. 103, s. 72, Towns' Improvement Act. But this act is only in force in such towns as contain a certain population, and have applied for its provisions being extended to that particular town; before acting upon it, a magistrate should first enquire if it be in force in his borough; see also Police Clauses Act, 10 & 11 Vic. c. 89, s. 28.

INDECENT ASSAULT. On male, a misdemeanor; 24 & 25 Vic. c. 100, s. 62; on female, imprisonment not exceeding two years, id. s. 52; see ASSAULT.

INDUSTRIAL SCHOOLS. Children taken into custody for vagrancy may be sent to school while inquiries are made, and J. P. may order child to be discharged or sent to a certified industrial school, or make the parent responsible; on application of parent, J. P. may order child to be removed or discharged from school; parent may be summoned and ordered by J. P. to pay according to his ability; penalty to persons inducing children to abscond, or harbouring them, recoverable before a J. P.; 20 & 21 Vic. c. 48. See JUVENILE OFFENDERS.

See tit. ABOMINABLE CRIME.

See CONTEMPT.

INFAMOUS CRIME. INOCULATION. See POOR. INSOLVENT. See BANKRUPT. INSULTING MAGISTRATE. JOINT STOCK COMPANIES. By 19 & 20 Vic. c, 47, s. 18, company not keeping a register of shareholders, or not sending a list to the Registrar of Joint Stock Companies, liable to a fine not exceeding £5 for every day of default, recoverable before two J. Ps. Refusing inspection of register to any shareholder gratis, or to any other person on payment of proper fee, punishable by fine of not exceeding £2 before two J. Ps. ; s. 23. Company not having registered office to which all notices may be addressed, penalty not exceeding £5, before two J. P.s; s. 28. Any company not sending copies of memorandum to shareholders in pursuance of the aforesaid act, liable to a penalty not exceeding £1 for each offence, recoverable before two J. P.s; 20 & 21 Vic. c. 14, s. 10. This latter statute amends 19 & 20 Vic. c. 47, called the Principal Act, or Joint Stock Companies' Act, 1856, and directs all proceedings for the recovery of penalties and the jurisdiction of J. P. to be as under the Petty Sessions, Ireland, Act, 1851; vide s. 26. Company not having name painted outside office in which the business of the company is carried on, in letters easily legible, forfeit not exceeding £5, recoverable before two J. Ps. ; see 19 & 20 Vic. c. 47, s. 31. Company not forwarding within fifteen days a copy of any special resolution to the registrar of joint stock companies, penalty not exceeding £2 for every day offence continued, recoverable as before; 19 & 20 Vic, c. 47, s. 35. As to what is to be deemed a special resolu

tion, see s. 34. Company not giving registrar notice of any increase in its nominal capital, liable to penalty not exceeding £5, recoverable as before; s. 37. Company having converted portions of its capital into stock, and not giving notice thereof, specifying the shares converted, liable to fine not exceeding £5 for every day of neglect, recoverable as before; 20 & 21 Vic. c. 14 s. 6. Officers of the company using seal, or issuing notices, advertisements, or signing cheques, &c. without name of the company thereon, liable in penalty not exceeding £50, recoverable as before mentioned; 19 & 20 Vic. c. 47, ss. 30, 31. Directors or manager of company required to register under the Joint Stock Companies' Act, making default in registering, penalty not exceeding £5, recoverable as before; 20 & 21 Vic. c. 14, s. 28. Officers of the company refusing to produce books to the inspector appointed by the Board of Trade, or to answer questions relating to the affairs of the company, liable in fine not exceeding £5, as before; 19 & 20 Vic. c. 47, s. 49. Official liquidators not reporting dissolution of company to registrar, the resolution declaring the company to be wound up, fine not exceeding £5, as before; 20 & 21 Vic. c. 14, s. 20.

JUSTICES OF THE PEACE. A justice committing where he has no jurisdiction, or for any oppression, misdemeanor at common law. Assaulting, when saving from wreck, a misdemeanor, 24 & 25 Vic. c. 100, s. 37; forging warrants, recognizances, &c. issued or taken by J. P. a felony; id. c. 98, s. 32. See INDEX.

JUVENILE ÖFFENDERS. See 14 & 15 Vic. c. 92, ante, p. 391, for offence of stealing by juvenile offenders, and LARCENY, post. The 14 & 15 Vic. c. 92, does not repeal 13 & 14 Vic. c. 37, which extends 11 & 12 Vic. c. 59, to all cases in which the age of juvenile offenders does not exceed sixteen years of age, while statute 14 & 15 Vic. c. 92, purports to deal with offences committed by persons whose ages do not exceed fourteen years. 21 & 22 Vic. c. 103, s. 7, gives power to J. P. to send boys to reformatory schools after the expiration of fourteen days imprisonment. It contains provisions for appeal, for expenses of conveying boys to schools, empowers J. P. to order compulsory maintenance, and to punish persons who harbour young persons escaping from school, and forms to be used in carrying out the act.

KNACKER. By 12 & 13 Vic. c. 92, s. 7, persons keeping places for slaughter of horses or other cattle neglecting or refusing to affix names over doors, penalty not exceeding £5 a day, or imprisonment not exceeding two months, by one J. P. Horses or cattle brought to be slaughtered (not intended for butcher's meat) to have hair of neck cut off, and be killed within three days; meantime to be supplied with wholesome food and