the amount claimed does not exceed £50, it shall be settled by two J. Ps; s. 22; but where exceeding £50, it shall be settled by arbitration or jury at option of party claiming compensation; s. 23.

If the promoters of the undertaking enter upon lands without consent, they shall forfeit £10 above amount of damage done by such entry, recoverable before two J. P.s, and £25 for every day they shall remain in possession after conviction; s. 89.

Penalties shall be summarily recovered before two J. P.s; s. 136, and leviable by distress; s. 137, on the goods and chattels of the party; s138.

QUAKERS. With respect to quakers' ecclesiastical dues, see 7 Geo. III. c. 21, made perpetual by 11 & 12 Geo. III. c. 19, s. 9; also 5 & 6 Will. IV. c. 17.

QUAY. Destroying or removing banks of, &c. felony; 24 & 25 Vic. c. 97, ss. 30, 31.

RAILWAYS. By 14 & 15 Vic. c. 70, [this act is amended and made perpetual by the 23 & 24 Vic. c. 97,] every clerk of the peace and clerk of any union to take charge of documents deposited with him under this act, and permit persons to make copies and extracts of the same, upon the like terms and under the like penalties provided by the 7 Will. IV. and 1 Vic. c. 83. By statute 1 Vic. c. 83, being an act, to compel clerks of the peace for counties, and other persons, to take the custody of such documents as shall be directed to be deposited with them, under the standing orders of either house of parliament; and by sec. 3, if they refuse to comply with the provisions of this act, they shall forfeit a sum not exceeding £5 and punishable before one J. P. By 14 & 15 Vic. c. 70, arbitrators shall certify the amount of costs to be paid by the company, and if, after seven days, the amount is not paid, any J. P. upon application to him may issue his warrant accordingly. By 9 & 10 Vic. c. 57, if any railway used for passengers shall be constructed or altered contrary to the provisions of this act, the company shall forfeit £10 for every mile during every day the same shall continue so unlawfully constructed, and all penalties under this act may be recovered under 8 & 9 Vic. c. 20, ss. 6 and 8. Obstructing any person in setting out the line of railway, or removing poles, or destroying marks, the offender shall forfeit a sum not exceeding £5; s. 24. When a landowner objects to the company taking temporary possession of lands, two J. P.s may inquire into the grounds of the objection; and if they see reason may order that the company shall not take or use the land or materials, and they have power to order other lands to be taken; ss. 36, & 37. The company before entering on lands for materials must find persons to enter into bond before a J. P. conditioned for the payment of compensation, and the lands before being used to be separated

with fences and gates, and in case of difference two J. P.s to settle question; ss. 39, 40. If difference arise respecting accommodation works, (o) the same may be settled by two J. P.s who shall appoint a time within which the same shall be completed; and if the same is not commenced within fourteen days after such order, the owner may execute the works in default, and any dispute about expenses may be settled by two J. P.s; ss. 69–71. If any person omit to shut and fasten any gate for the accommo dation of owner of land after cattle have passed through, he shall forfeit not exceeding 40s. ; s. 75. Disputes as to amount of tolls, or detention of goods, to be settled by a J. P.; s. 100. Differences as to weight of goods to be carried by railway to be settled by any J. P., who may award damages, and the toll-collector liable for wrongful detention of goods; ss. 101, 102. Persons travelling without having previously paid their fare, and with intent to avoid payment, or proceed beyond his distance without paying, and with like intent, or refusing or neglecting to quit the carriage on arriving at the place fare paid to, shall forfeit to the company not exceeding 40s.; s. 103. Persons taking dangerous goods on the railway, or sending them without notice, &c. shall forfeit to the company £20; s. 105. Any J. P. may order railway premises to be entered for the purpose of obtaining books, &c. kept by officer employed by the company who has been discharged, &c.; s. 106, (p). As to punishing servants of railways guilty of misconduct, see 3 & 4 Vic. c. 97, s. 13, and 5 & 6 Vic. c. 95, s. 17.

By 8 & 9 Vic. c. 18, disputes as to compensation, when the amount does not exceed fifty pounds, may be settled by two J. P.s and it shall be lawful for any J. P. with respect to any question that any two J. P.s are authorized to deal with, to summon the other party to appear before two J. P.s, who shall settle the question and have power to give costs; ss. 22, 24. This is an act for consolidation in one act certain provisions usually inserted in acts authorizing the taking of lands for undertakings of a public nature. The approval of the sureties mentioned in the 85th section may be given by two J. Ps. upon an ex parte application (q).

(0) Under the 69th section the justices have not jurisdiction to decide whether or not there shall be accommodation works; but assuming there are to be such, they are only to decide on their kind, number, and sufficiency. R. v. Waterford Co., 2 Ir. C. L. R. 580.

(p) The legislature has made the justices the judges whether the engine is constructed on a good principle or not. If the justices, upon the

evidence before them, come to the conclusion that the smoke arose from the defective construction of the engine, then they ought to convict the company. If the smoke was occasioned by the negligence of the servants of the company, the case is not within the statute. The Manchester, &c. R. C. v. Woods, 6 Eng. J. N. S. 70; 29 L. J. M. C. 31.

(2) Ex parte Langham, 1 De G.

& S. 486.

Entering lands.] By 8 & 9 Vic. c. 18, the promoters of the undertaking entering upon the lands without consent before payment of the purchase money, or deposit as security, shall forfeit to the party in possession the sum of £10, recoverable before two J. P.s; s. 89. The costs incurred by reason of person not giving up possession of the land, or the excess beyond the compensation payable to such person, if not paid on demand, shall be levied by distress, and upon application to any J. P. for that purpose he shall issue his warrant accordingly; s. 91. If lands are in the possession of tenants at will, or from year to year, they are to give up possession on being compensated, and the amount of compensation is to be settled by two J. P.s. Penalties under this, or special act, or by any bye-law made in pursuance thereof, the recovery of which is not otherwise provided for, may be recovered by summary proceedings before two J. P.s, who on complaint may issue summons, &c. the penalty and costs levied by distress; ss. 136-138. No person liable to payment of penalty for any offence made cognizable before J. P. unless complaint made within six months after the commission of such offence; s. 142. J. P. may summon witnesses, and if they shall neglect or refuse to appear, they shall forfeit a sum not exceeding £5; s. 143.

Railway companies are bound perpetually to maintain the road way over the railway bridge and approaches, under the 8 & 9 Vic. c. 20, s. 46 (r).

The bye-laws of a railway company made pursuant to 8 & 9 Vic. c. 20, ss. 108, 109, are documents of a public nature and provable as such. Upon an information before justices for quitting a carriage in motion, contrary to the bye-laws, it is sufficient proof of publication of the bye-laws that they were affixed at the two stations respectively at which the passenger entered and quitted the carriage (s).

By 1 & 2 Vic. c. 98, a penalty of not exceeding £20, for neglecting or refusing to carry mails, recoverable as under the Post Office act; ss. 12-19.

By 3 & 4 Vic. c. 97, being an act for regulating railways, power to fine for obstructing inspectors, and to punish railway servants guilty of misconduct, is conferred upon J. P., who may send any case to quarter sessions for trial; ss. 6 to 13. Punishment for persons trespassing on railways and refusing to quit, see s. 16.

A person who places a truck across a railway line, in such a manner that if a carriage or engine came along the line, its pas

(r) Leach v. N. Staffd. R. C., 29 L. J. M. C. 151; but not under Waterford & L. R. C. v. Kearney,

5 Ir. J. N. S. 344.

(8) Motteram v. The Eastern Co.'s R. C., 29 L. J., 57 M.C.

sage would be obstructed thereby, and the safety of passengers in any such carriage endangered, is guilty of a misdemeanor under the statute (s. 13) though the railway has not yet been opened for passenger traffic, and though no carriage or engine is, in fact, obstructed (t).

Placing things on turning points, or making or hiding signals with intent to endanger travellers, felony, 24 & 25 Vic. c. 100, s. 32; or with intent to injure carriages, felony; id., c. 97, s. 35 Throwing things at passengers with intent to injure travellers, or doing other act with like intent, felony, id., c. 100, ss. 32, 33; or whereby engines or carriages are obstructed, id., c. 97, s. 35. Injuring railway bridges, felony, id., s. 33.

RAPE. Felony by 24 & 25 Vic. c. 100, c. 48. If it be proved that the defendant is under the age of fourteen years, he must be acquitted, for a boy under that age is presumed incapable by law to commit a rape; a husband connot be guilty of a rape upon his wife. If a woman yields through fear, it is a rape; or if the connection took place when she was in a state of insensibility from liquor, having been made drunk, it is a rape; and it is no excuse if she consented at first, if the offence was afterwards committed against her will; having carnal knowledge of a woman by fraud which induces her to suppose it is her husband does not amount to a rape, though it does to an assault; and where a medical man had connection with a girl of fourteen, under the pretence that he was treating her medically, and she made no resistance, owing solely to the bona fide belief that such was the case, this was held to be an assault; and, as it seems, a rape; see Arch. C. P. 597, 598.

RECEIVERS. Receiving any person duly confined in a penitentiary under 32 Geo. III. c. 27, after his escape therefrom, felony; 32Geo. III. c. 27, s. 4; 5 Vic. sess. 2, c. 28, ss. 9, 19.

RECOGNIZANCE. The following is the form of recognizance suggested to be entered into under the 3rd sec. of 20 & 21 Vic. c. 43, when a case is requested to be stated by a person dissatisfied by the decision of the justices, and which was omitted to be introduced at p. 208. The form provided by the Petty Sessions Act, ante, p. 374, may be used, and the obligation of the recogni zance may be as follows, after the word " videlicet,"

day of

at

To prosecute without delay an appeal to H. M.'s Court of Dublin, against the order of A. B. or C. D., two of H. M.'s justices of the peace acting for the said county, made on the , upon the said complaint, and shall submit to the judgment of the said Court in respect of such appeal, and shall pay such costs as may be awarded by the said court, and shall personally appear at in the county aforesaid,

(t) R. v. Bradford, 29 L. J. M. C. 171.

before the said A. B. and C. D., or before two other justices of the peace for said county within ten days after the judgment of the said court shall have been given, to abide such judgment unless the order so appealed against as aforesaid, be reversed, then the said recognizance to be void, or else to stand and be in full force and effect.

And conclude as in said form at p. 374, beginning at the words, "And the said principal party," &c.

RECREATION GROUNDS ACT. See 22 Vic. c. 27, an act to facilitate grants of lands to be made for the use of regulated recreation for adults, and as playgrounds for children, whereby managers and directors may make and enforce bye-laws and regulations, subject to the approval of said commissioners.

REFRESHMENT HOUSES. See ante, p. 286. Keeping, without licence, excise penalty not exceeding £20, before two J.P.s; 23 & 24 Vic. c. 107, s. 9. When complaints made, refusing to produce licence when required by justice, penalty not exceeding £5, recoverable before one J.P.; s. 19. Refusing to admit police officers and constables, like penalty; s. 20. Selling wine by retail without licence, excise penalty £20, before two J.P.s, s. 21; and in addition a penalty of £5, recoverable before one J.P.; s. 22. Limited hours for selling, 11 o'clock at night, 7 o'clock morning, in places of a certain population as therein, nor after 10 o'clock elsewhere, nor at prohibited hours on Sundays and holidays at which public houses are closed, penalty £2, before one J.P.; s. 29. Permitting drunkenness or disorderly conduct in refreshment rooms, penalty not less than 40s. nor exceeding £5 for first offence, and so forth, before one J.P.; s. 31. Mixing spirits or drugs in wine, or adulterating wine, first of fence not less than £10 nor more than £20, and so forth, before one J.P.; id. Selling intoxicating liquor without licence, allowing unlawful games, suffering prostitutes, thieves, or members of unlawful societies to assemble, penalty for first offence not exceeding 40s., and so forth, before one J.P.; s. 34. Harbouring constables whilst on duty, except as therein, penalty not exceeding 20s., before one J.P.; s. 41. Drunken or disorderly persons refusing to quit when required, penalty not exceeding 40s., before one J.P.; s. 42.

REGIMENTALS. Purchasing soldiers' necessaries, medals, &c., penalty not exceeding £20, before two J.P.s. MUTINY ACT. REGISTER of birth, marriage, burial, &c., Forging, altering, &c., felony; 24 & 25 Vic. c. 98, s. 36.

RELIGIOUS WORSHIP. By 23 & 24 Vic. c. 32, any person guilty of riotous, violent, or indecent behaviour in any house of worship, of any religious denomination, whether during divine service or at any other time, or in any churchyard or burial