OFFENCES within the 11 & 12 VICT. c. 43. CONSTABLES-continued. V. AS TO CONSTABLES ON RIVERS, CANALS, &c.-continued. 50. Not delivering up Clothes, &c.] Constable dismissed, or ceasing to hold office, not forthwith delivering up the clothing, accoutrements, &c. supplied to him. Statute. 3 & 4 Vict. c. 50, s. 5. Id. s. 6. VI. AS TO CONSTABLES UNDER GENERAL LIGHTING AND WATCHING 57. Promoting or encouraging any person so to do. [Vide Offences 26-30, ante, p. 104, applicable to these descriptions of COPYRIGHT OF DESIGNS. 1. Applying any registered design, or any fraudulent imitation thereof, for the purpose of sale, to the ornamenting of any article, without consent of registered proprietor. or 2. Selling any article to which design or imitation has been applied after having received notice. 3. Unlawfully selling, or 4. Advertising for sale, articles as being registered, the design not being registered, or 5. After the copyright shall have expired. 3 & 4 Will. 4, c. 90, s. 41. 5 & 6 Vict. c. 100, ss. 7, 8 (Note 46). Id. s. 11. 6, 7, 8. The like (as 3, 4, 5), under 6 & 7 Vict. c. 5, s. 4 (Note 47). eight hours thereafter, enter into a recognizance, with two sufficient sureties, personally to appear at sessions, &c. (s. 19). (45) The offender may be apprehended without warrant (s. 41). (46) This act applies to cases where the novelty is in the shape, configuration, or ornament of the article. Yes (see Treasurer of county, &c. not being applied by act (see ante, p. 73). s. 66). Not exc. 40s.; if not immediately paid Yes (see To the inspectors for the purposes of the act (s. 63). 1 Within 12 Two or Not less than £5, and not exceeding Proprietor of registered design (s. 8). Treasurer of county, &c. not being applied by act (see ante, p. 73). Id. (47) Extension of 5 & 6 Vict. c. 100.] This act amends and extends the 5 & 6 Vict. c. 100, and protects designs having reference to some purpose of utility, so far as such design shall be for the shape or configuration of such article, and that whether it be for the whole of such shape or configuration, or only for a part thereof. (48) The information, under ss. 7, 8, must be laid by or on behalf of registered proprietor. OFFENCES within the 11 & 12 VICT. c. 43. Statute. COUNTY COURTS. OFFENCES UNDER THE "ACT FOR THE MORE EASY RECOVERY OF SMALL DEBTS AND DEMANDS IN ENGLAND." 1. Any person assaulting any officer or bailiff of any court while in the 9 & 10 Vict. execution of his duty, 2. Making rescue, or or 3. Attempting to make rescue, of any goods levied under process of the court. CRUELTY TO ANIMALS. 1. Ill-treating.] Any person wantonly and cruelly beating, ill-treating, abusing or torturing any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, dog, or any other cattle or domestic animal (Note 50). 2. Drivers of.] Any person driving any cattle or other animal (Note 50),| by negligence or ill-usage in the driving thereof, being the means whereby any mischief, damage or injury be done by any such cattle or other animal. c. 95, s. 114. 5 & 6 Will. 4, c. 59, s. 2. Id. 3. Keeping Cockpit, &c.] Any person keeping or using any house, room, pit, ground, or other place for the purpose of running, baiting, or fighting any bull, bear, badger, dog, or other animal (Note 50), (whether of domestic or wild nature or kind), in which any bull, bear, badger, dog, or other such animal shall [MEM. The person acting as manager, &c. to be deemed the 5. Not feeding cattle impounded.] Any person impounding any horse, ass, 6. Neglecting, or to find, provide, and supply such horse, &c. daily with good and Id. s. 3. Id. ss. 4, 6. (49) Offender may be taken into custody without warrant and brought before court or a justice (s. 114). (49 a) By this statute the same who received the information must adjudicate; but it appears that s. 29 of the 11 & 12 Vict. c. 43, repeals this inconvenient practice. (See "Jurisdiction of Justices," ante, p. 7, and Note (a), ante, p. 32.) (50) These general words following the particular description of animals are generally understood to mean no others but ejusdem generis. (Sandman v. Breach, 7 B. & C. 100.) (51) Time of prosecution--Variance.] There are two sections of this act relating to the time of prosecution, which are not easily reconciled; the 11th section enacts that prosecutions must be commenced within three calendar months after the commission of the offence; but in section 13 it is provided, that in all cases where no other mode of proceeding is specially pro vided, or in case where the party shall not be conveyed before a justice by the authority of this act, it shall be lawful for any one justice, upon information or complaint made by any person of an offence against this act, "within fourteen days after the commission of any such offence," to summon the party, &c. Apprehension of Offenders.] Section 9 authorizes the apprehension of offenders, without warrant, by any constable or by the owner of the animal, either upon view of the offence or upon the information of any other person who shall declare his name and place of abode to the constable; and he shall then be taken before a justice, who shall examine the witnesses, &c. (52) To the next sessions, on giving to the justice 14 days' notice, with the cause and matter thereof. OFFENCES within the 11 & 12 VICT. c. 43. CRUELTY TO ANIMALS-continued. 7. Refusing Name.] Person apprehended by constable or owner, on view of offence, or information (under s. 9, see Note 51, ante, p 110), and when before justice refusing to tell his name and place of abode. As to Slaughtering Horses, &c., see "Horse Slaughtering," post. DEAD BODIES. 1. Any person finding a dead body cast on shore from the sea, by wreck 48 on receiving notice to have such body removed to some con- or 4. Not having with convenient speed the body interred in the parish Statute. 5 & 6 Will. 4, c. 59, s. 10. Geo. 3, c. 75, ss. 3, 4. Id. s. 7. churchyard. DISTRESS. ss. 1, 4. 1. Any tenant, lessee for life or years, at will, sufferance or otherwise, 11 Geo. 2, c. 19, fraudulently or clandestinely conveying away or carrying off or from premises his goods and chattels to prevent landlord distraining for rent due (where the value of goods removed or concealed do not exceed £50), or 2. Any person wilfully and knowingly aiding and assisting. 3. Any person levying, taking or receiving, or 4. Retaining or taking from the produce of goods sold for the payment [MEM. No order is to be made against the landlord for whom the 57 Geo. 3, c. 93, ss. 1, 2 (Note 56). (53) To the next general or quarter sessions, after a month, giving 10 days' notice of ap peal and of the matter thereof to the persons appealed against, and forthwith after such notice entering into a recognizance before some justice of the county, &c. with sufficient sureties, to try appeal, &c. (54) The information must be laid by the landlord, his bailiff or agent (s. 4), before a justice residing near the place from which the goods were removed, or where they were found. Borough justices have no jurisdiction under this statute (2 J. P. 602; 5 J. P. 379; 10 J.P. 349). The rent must be due when the offence is committed. (Watson v. Main, 3 Esp. 15 ; Forneaux v. Fotherby, 4 Camp. 136.) |