not being in union. 11 & 12 VICT. case of any parish not comprised in a union who may, though not settled c. 110. therein, be irremovable, as aforesaid, therefrom, and such guardians shall in the case of a union charge the costs and expenses incurred in such emigration upon the common fund, and in the case of a parish not in a union upon the moneys in their hands for the relief of the poor.' Sect. 6. "And be it enacted, that the cost of all the relief which, under the provisions of this act, shall be chargeable to the common fund of any union shall be charged to the common fund of such union, in the same manner as union expenses are directed to be charged by the herein firstrecited act.' Mode of charging the relief herein provided for. وو Guardians may Sect. 7. "And be it enacted, that the guardians of any union may, on cause a valuation to be made at any the application of the major part of the overseers of any parish comprised time of property in it, or of any person assessed to the poor-rate in any such parish, cause alleged to be a valuation to be made at any time of any property alleged to be rateratcable. able to the relief of the poor, being a part only of the rateable property of such parish, and may charge the expenses of such valuation to the overseers of such parish, or to such person so applying as aforesaid." Guardians may obtain orders of maintenance, and in like manner as churchwardens, &c., can. Relief advanced may be recovered in County Court, by way of loan Sect. 8. "And be it enacted, that the guardians of any union shall be entitled to obtain orders of maintenance upon the relations liable under charge expenses any statute now in force to maintain any poor person whose relief would be chargeable to the common fund of the union, in like manner as the churchwardens and overseers of any parish can now obtain the same, and may expend in respect of such person, out of such fund, any money for any purpose which the overseers of the parish to which such person, if chargeable, would have belonged might have done; and all relief to be granted by the guardians to any pauper upon loan, and which shall be chargeable to the common fund of the union, or to any parish therein, may be recoverable in the County Court or other court for the recovery of small debts for the district wherein the union or the major part thereof shall be comprised, on the plaint of the said guardians, who may apply and be heard in such court by any officer appointed by them for such purpose, in manner prescribed by the statutes enabling them to appoint officers to act for them: provided nevertheless, that the remedy already provided by law for the recovery of the relief granted on loan, shall be in force and applicable to the relief so chargeable to the common fund as aforesaid." &c. Persons being chargeable upon common fund any offence, may a justice to the common gaol, &c. the expenses of which shall be charged upon the county, &c. Sect. 9. "And be it enacted, that if any person hereinbefore made chargeable upon the common fund of the union shall be convicted before of a union, and any justice of any offence committed in any workhouse while maintained being convicted of therein, or of deserting or running away from any workhouse, and carrybe committed by ing away clothes or other property therefrom, and be liable to be committed to any gaol or house of correction, the justice before whom such person shall be convicted may commit such person to the gaol or house of correction of the county or place containing the parish in which such person, if chargeable to the common fund by reason of being exempt from removal under the statute hereinbefore mentioned, shall have been residing, when admitted into the workhouse, or to that of the county or place comprising the major part of such union, in the case of any other person herein rendered chargeable on the said common fund, notwithstanding such workhouse may not be situated in such county or place, or that such justice may not be a justice of such county or place; and the charges of the conveyance of such person to such gaol or house of correction, and all other charges consequent upon such committal, shall be borne by such county or place in like manner as the charges of persons committed in the ordinary mode to the gaol thereof shall be borne." Poor persons may be searched on admission to workhouse. Sect. 10. "And be it enacted, "that upon application for relief by admission to the workhouse of any such union as aforesaid or otherwise by any poor person professing to be a destitute wanderer or wayfarer, the master, porter, or other officer of such workhouse, or the relieving officer of such union or overseer of any parish to whom such application for relief shall be made, may search such person, or cause him to be searched, and may c. 110. Persons in possession of able as idle and take from such person any money which shall be found upon him, and 11 & 12 VICT. shall deliver the same to the guardians, to be by them applied in aid of the common fund of the union; and every person who shall apply for relief at any workhouse, or to any relieving officer or overseer, having at the time of such application in his possession and under his immediate means applying control any money or other property, of which, on inquiry made by the for relief, punishguardians or their officers, or by overseers, he shall not make correct and disorderly complete disclosure, shall be taken to be an idle and disorderly person persons. within the meaning of the act of the fifth year of the reign of His late Majesty King George the Fourth for the punishment of idle and disorderly persons and rogues and vagabonds in England, and shall be punishable and dealt with in all respects and with the like proceedings as idle and disorderly persons under the said act." deemed sufficient Sect. 11. "And be it enacted, that in any court and before any justice Certificate of or justices, and for all purposes, a certificate of the chargeability of any form prescribed chargeability in person named therein in the form prescribed in the schedule marked (C.) in schedule to to the act of the eighth year of the reign of Her present Majesty for the 7 & 8 Vict. c. 101, amendment of the laws for relief of the poor in England, and purporting evidence. to have been executed in the manner prescribed by that act, shall be received within the space of twenty-one days from the date thereof as sufficient evidence of the chargeability of the person named therein unless the contrary be otherwise shown." Sect. 12. "And be it enacted, that the several words used in this act Interpretation of shall be construed in the manner prescribed by the said first herein- act. recited act, and the statutes explaining and extending it.” Districts for the Education of Enfant Poor. c. 82. tations on the BY the 11 & 12 Vict. c. 82, intituled "An Act to amend the Law for the 11 & 12 VICT. Formation of Districts for the Education of Infant Poor" (passed 31st August, 1848,) after reciting that by an act passed in the eighth year of the reign of Her Majesty Queen Victoria, intituled "An Act for the fur- 7&8 Vict. c. 101. ther Amendment of the Laws relating to the Poor in England," provisions are made for the combination of unions into districts for the management of the infant poor not above the age of sixteen years, and by reason of certain restrictions therein contained the provisions so made for such purpose have proved inoperative, and it is expedient that such of the restrictions as are hereinafter mentioned should in certain cases be removed: it is therefore enacted, "that so much of the said act as prevents the com- Removal of limimissioners therein mentioned from including in any such district any area of the school parish, any part of which would be more than fifteen miles from any district, the exother part of such district, and so much thereof as provides that the pense of building, principal sum or sums to be raised for the purpose of providing any of certain expenbuilding or buildings for any school for any such district as aforesaid, diture, in certain and charged on any union, or on any parish not included in a union, cases. shall in no case exceed one fifth of the average annual amount of the aggregate expenditure relating to the relief of the poor within any such parish for three years ending the twenty-fifth day of March next preceding the raising of such money, shall not apply to prevent the combination of any union, or any parish not in union, for the purposes aforesaid, nor the raising of any money for the purpose aforesaid, when the major part of the guardians of the several unions and parishes not in union proposed to be combined shall previously thereto consent in writing to such combination." and the amount Certain provisions Sect. 2. "And be it enacted, that all the provisions contained in the in 5 & 6 Vict. statute passed in the sixth year of the reign of Her Majesty, intituled c. 57, relating to 'An Act to continue until the Thirty-first day of July one thousand eight tended to memguardians exhundred and forty-seven, and to the end of the then next Session of Par- bers of district liament, the Poor Law Commission; and for the further Amendment of under 7 & 8 Vict. the Laws relating to the Poor in England,' in respect of the election, c. 101. boards formed c. 82. 11 & 12 VICT. qualification, resignation, and the acts of guardians of a union, and in respect of the supply of vacancies in the board of guardians, shall apply to the members of the district boards formed or to be formed under the authority of the first-recited act and of this act." Interpretation of act. Sect. 3. "And be it enacted, that the several words in this act shall be construed in the manner prescribed in the said first-recited act." c. 88. Post Office. 11 & 12 VICT. THE 11 & 12 Vict. c. 88, intituled "An Act for further regulating the Money Order Department of the Post Office," after embodying several provisions for the regulating of the aforesaid Money Order Department, enacts as follows: Sect. 4. "And be it enacted, that every officer of the post office who shall grant or issue any money order with a fraudulent intent shall in England and Ireland be guilty of felony, and in Scotland of a high crime and offence, and shall at the discretion of the court either be transported beyond the seas for the term of seven years, or be imprisoned for any term not exceeding three years.' دو Sect. 5. "And for the more effectual prosecution of offenders be it enacted, that in any indictment or criminal letters for any felony or misdemeanor committed, or attempted to be committed, in, upon, or with respect to the post office, or the post office revenue, or in, upon, or with respect to any property, moneys, money orders, goods, chattels, or effects, under the management or control of the postmaster-general, or where any act, matter, or thing shall have been done or committed by any person, with or for any malicious, injurious, or fraudulent design, intent, or purpose, in, &c., anywise relating to or concerning the post office, or the post office revenue, or any such property, moneys, money orders, goods, chattels, or effects, as aforesaid, or the postmaster-general, it shall be sufficient to lay any such property, and to state or allege the same to belong to, and to state or allege any such act, matter, or thing to have been done or committed with intent to injure or defraud Her Majesty's postmastergeneral' and in all indictments and criminal letters relating to, or in any wise concerning the department of the post office, it shall be sufficient to name and describe the postmaster-general as ' Her Majesty's postmastergeneral,' without any further or other name, addition, or description whatsoever." Prison (see "Goals and Houses of Correction," ante.) Public Health. 11 & 12 VICT. THE Public Health Act, 1848, (11 & 12 Vict. c. 63), though containc. 63. ing numerous and important provisions for the furtherance of the excellent object it contemplates, is not applicable to any locality until after a preliminary investigation of a superintending inspector, and the promulgation of an order in council, or a provisional order sanctioned by the Legislature. It is therefore deemed to be unnecessary to occupy these c. 63. pages with the lengthy details of this enactment, the more especially as 11 & 12 VICT. few of the clauses have any direct bearing upon the law as administered by justices of the peace. There is, however, one clause in the act which is operative without the assistance of either of the before-mentioned orders, and which, as it is of considerable practical utility, and to be enforced by parochial authorities, we give entire. tion of sewers, with less than 11 & 12 Vict. c. 63, sect. 50. "And be it enacted, that if it shall As to construcappear to a majority of not less than three-fifths of the rated inhabitants wells, pumps, &c. of any parish or place containing less than two thousand inhabitants for parishes, &c. on the then last census, in which this act shall not have been applied by 2,000 inhabitants, order in council or provisional order as aforesaid, assembled at a public and in which this meeting to be called as is hereinafter provided, that it would contribute act is not otherwise applied. to the health and convenience of the inhabitants that any pond, pool, open ditch, sewer, drain, or place containing or used for the collection of any drainage, filth, water, matter, or thing of an offensive nature, or likely to be prejudicial to health, should be drained, cleansed, covered, or filled up, or that a sewer should be made or improved, a well dug, or a pump provided, for the public use of the inhabitants, the churchwardens and overseers of such parish or place shall procure a plan and estimate of the cost of executing such works, or any of them, and shall lay the same before another public meeting of such rated inhabitants, to be called as is hereinafter provided; and if the same shall be approved and sanctioned by a majority of the rated inhabitants assembled at such lastmentioned meeting, such churchwardens and overseers shall cause the works in respect of which such estimate shall have been made and sanctioned as aforesaid to be executed, and shall pay the cost thereof out of the poor rates of such parish or place: provided always, that notice of every such meeting shall be given by such churchwardens and overseers as is by this act directed to be given by superintending inspectors, before proceeding upon inquiries previously to the application of this act, and every such notice shall also contain a statement of the works proposed or intended to be submitted for consideration and approval." Rape (See "Reg. v. Chambers," p. 99, ante.) Register of Death. False entry. THE stat. 6 & 7 Will. 4, c. 86, s. 41, makes it a misdemeanor to make Registry of death. a false statement of one or more of the particulars required to be registered for the purpose of being inserted in any registry of birth, death, or marriage, and to constitute this offence the purpose need not be effected. But it is a felony under the 43rd section of that statute, to cause the registrar to make an entire false entry of a birth, marriage, or death. (Reg. v. Mason, 3 Car. & Kir. 622, Cresswell, J.) Register of Marriage. register. False AN indictment on the stat. 6 & 7 Will. 4, c. 86, s. 41, for making false Marriage statements for the purpose of being inserted in a marriage register, statement. alleged that a clergyman had solemnized a marriage, and was about to register in duplicate the particulars relating to that marriage, and that the defendant did wilfully make to the clergyman who solemnized the office of marriage, "for the purpose of being inserted in the register of marriage," certain false statements. Held, that this was supported by proof that the entry was made by the church clerk before the marriage, and that after the marriage the clergyman read over the statements to the defendant, and asked him if they were correct, and that he answered in the affirmative. Held, also, that on such an indictment, it was not necessary to prove that the register books were furnished to the clergyman by the Registrar-General. (Reg. v. Brown, 3 Car. & Kir. 504, 15 Judges.) Robbery (see Reg. v. Barnett and others, p. 78, ante.) Seamen (see "Ships," post," Steam Navigation.") Sheep (see "Animals," "Nuisances," ante.) 10 & 11 Vict. c. 103. passengers Ships. See "Steam Navigation," post. The North American Passengers Act. 11 VICT. c. 6. BY the 11 Vict. c. 6, intituled "An Act to make further Provision for One Year, and to the end of the then next Session of Parliament, for the Carriage of Passengers by Sea to North America" (passed 28th March, 1848), after reciting that it is expedient to make further provision [respecting the carriage of passengers by sea to certain parts of North America and the islands adjacent thereto, and for that purpose to alter certain provisions of an act passed in the session of Parliament held in the fifth and sixth years of the reign of Her present Majesty, intituled 5 & 6 Vict. c. 107. “An Act for regulating the Carriage of Passengers in Merchant Vessels," and of an act passed in the session of Parliament held in the tenth and eleventh years of the reign of Her present Majesty, intituled "An Act to amend the Passengers Act, and to make further Provision for the Carriage No ship carrying of Passengers by sea; "it is therefore enacted, "that no ship carrying passengers on any voyage from any port or place in the United Kingdom, or in the Islands of Guernsey, Jersey, Alderney, Sark, or Man, to any port or place on the eastern coast of North America or in the islands adjacent thereto, or in the Gulf of Mexico, shall proceed on such voyage with or shall carry more passengers on board than in the proportion of one passenger to every two tons of the registered tonnage of such ship; and that no such ship shall, whatever be the tonnage thereof, proceed on such voyage with or carry more passengers on board than in the following proportion to the space occupied by them and appropriated to their use, and unoccupied by stores not being the personal luggage of the passengers; (that is to say,) on the deck upon which the passengers live, one passenger for every twelve clear superficial feet, or on the orlop deck, if any, one passenger for every thirty such superficial feet; and that if any ship carrying passengers upon any such voyage as aforesaid shall allowed to take more than a limited number according to space and tonnage. |