(5) Incorporation Clause regulating Proceedings.] With regard to these offences, neither the act 2 & 3 Vict. c. 93, or the 3 & 4 Vict. c. 88, by which it is extended, gives any power of enforcing payment of fines; but they may be levied and applied under sect. 16 of the 1 & 2 Will. 4, c. 41 (the Special Constables Act). See the 2 & 3 Vict. c. 93, s. 8. (5a) A moiety to informer, and remainder or (where informer proves offence) the whole to the general agent for the recruiting service in London (s. 96). 2. Neglecting, or to perform any of the terms or conditions inserted in any inden- See Chap. 3, post, for further offences. ASSAULT. Statute. 11 & 12 Vict. c. 49, s. 5. 78 & Vict. c. 101, s. 12. 1. Common.] Any person unlawfully assaulting or beating any other person. 9 Geo. 4, c. 31, [MEM. The party aggrieved must make the complaint (s. 27).] 2. To prevent Seamen, &c. from working.] Any person unlawfully and with force hindering any seaman, keelman or caster, from working at or exercising his lawful trade, business or occupation, or 3. Beating, wounding or using any other violence to him, with intent to deter or hinder him from working at or exercising the same. 4. To prevent sale, &c. of corn, &c.] Any person beating, wounding or using any other violence to any person with intent to deter him or hinder him from selling or buying any wheat or other grain, flour, meal or malt, in any market or other place, or 5. To any person having the care or charge of any wheat, &c. whilst on its way to or from any city, market town or other place, with intent to stop the conveyance of the same. 6. On board a Ship.] Assault or battery committed on board any ship belonging to any subject of her Majesty in any part of the world (Note 10). [As to Assaults on Constables, see that title, post]. s. 27. Id. s. 26. Id. 7 & 8 Vict. c. 112, s. 44. (6) All Trades within Acts.] The statutes referred to under this title extend to all trades (10 Geo. 4, c. 52), where no premium is paid (5 & 6 Vict. c. 7), and where the premium is not £25 (4 Geo. 4, c. 29, s. 1); but not to the stannaries in the counties of Devon and Cornwall. (7) See appeal clause to title " Poor," post. (8) By s. 74, the 4 & 5 Will. 4, c. 76, is incorporated with this act. (9) Certificate of Dismissal.] If the offence be not proved, or be justified, or so trifling as not to merit any punishment, and the justices dismiss the complaint, a certificate of dismissal to be forthwith delivered to the defendant, which will bar all other proceedings (s. 27). It must be applied for immediately or before the justices have separated (R. v. Robinson, 12 Ad. & E. 672). The form of the certificate would be as (M), ante, p. 36, in the plural number, adding at the conclusion: "as we deemed the offence not proved, [or we found the assault and battery to have been justified,' or 'we found the assault to have been so trifling as not to merit any punishment.'"] (10) On board Ship: Provisions of 9 Geo. 4, c. 31, extended to.] Sect. 44, after reciting the 9 Geo. 4, c. 31, and that it was expedient that its provisions should extend to similar offences 1) In writing Two 2 (s. 101), not (s. 12). on oath, and within 6 cal. m. (11 & 12 Vict. c. 43, s. 11). Yes Not exceeding £20 (s. 12), recoverable Two. Not exc., together with the costs, £5; Id. Imprisonment and hard labour for not For use of parish or union where offence committed (s. 99 of 4 & 5 Will. 4, c. 76, Note 8). Overseer of poor committed on board ships belonging to subjects of her Majesty, enacts, "That in case of any assault or battery committed on board any ship (see below for definition) belonging to any subject of her Majesty, in any part of the world, it shall be lawful for two justices of the peace in any part of her Majesty's dominions, or the territories under the government of the East India Company, residing at or near any port or place at which the said ship may arrive or touch, upon complaint of the party aggrieved, to hear and determine any such complaint, and to proceed and make such adjudication thereon as by the said act any two justices are empowered to do in the cases of assaults and batteries in England; and the fine or forfeiture to be imposed in any such case shall be payable to the Seamen's Hospital Society: provided always, that such complaint shall be made and prosecuted within three months after such alleged assault or battery, or within three months after the arrival of the ship at her final port of destination in the united kingdom, or within three months after the respective parties shall be within the jurisdiction of such justices as aforesaid." Definition of "Ship."] To be taken and understood to comprehend "every description of vessel navigating in any sea or channel, or waters outside the mouths of rivers, and also every vessel passing beyond the precincts of a port" (s. 63). OFFENCES within the 11 & 12 VICT. c. 43. Statute. BATHS AND WASHHOUSES. Offences under the "Act to encourage the Establishment of Public Baths 1. Commissioners, or their officers or servants, having custody of account 2. Not permitting, or any churchwarden, overseer or rate payer to examine same or 3. Council, commissioners or officers taking fees beyond salaries, or 4. Being interested in contracts. BEERHOUSES. I. OFFENCES AGAINST THE LICENCE. II. OFFENCES AS TO HOURS. III. OTHER OFFENCES. I. OFFENCES AGAINST THE LICENCE. 1. Mixing any drugs or other pernicious ingredients in any beer, ale, porter, cider or perry. 2. Fraudulently diluting, deteriorating or adulterating beer, &c. 3. Selling beer, &c. knowing the same to have been fraudulently diluted, 4. Using, in selling beer, &c., any measure not of the legal standard. 6. Knowingly suffering any unlawful games, or any gaming whatsoever 7. Knowingly permitting or suffering persons of notoriously bad character to assemble and meet together therein. 9 & 10 Vict. c. 74, s. 14 (Note 13). Id. s. 39. 1 Will, 4, c. 64, s. 13 (Note 15). (11) Incorporation Clause.] The provisions of "The Companies Clauses Consolidation Act, 1845," (8 & 9 Vict. c. 16), are, as to the mode of recovering penalties, to apply to offences under this act (s. 23), and the sections mentioned in the columns of this title refer to that act. (12) Officers of the company may detain unknown offenders and convey them before a justice (s. 154). (13) Witnesses refusing to appear or be examined to forfeit not exceeding £5 (s. 155). (14) The clause is in 8 Vict. c. 16, post, title " Railways." (15) There is a penalty not exceeding £10 on a witness not appearing, or refusing to be examined (s. 20). (16) Offences as to Hours-Application of Provisions of 1 Will. 4, c. 64, and 4 & 5 Will. 4, c. 85, to 3 & 4 Vict. c. 61-Where no specific Penalty imposed-Second or Third Offences, &c.] Sect. 19 of the 3 & 4 Vict. c. 61, enacts that the penalties under it, where not otherwise directed, are to be recovered under the provisions of the 1 Will. 4, c. 64, and 4 & 5 Will. 4, c. 85; by sect. 21, the powers, provisions and penalties of the latter acts are to apply to persons licensed under the 3 & 4 Vict. c. 61. Sect. 15 of one of those acts (the 1 Will. 4, c. 64), governs and regulates the proceedings and penalties for a second or third offence against the provisions of the act (and now, by virtue of the sections referred to, against the provisions of any of the acts relating to beerhouses), or for any offence for which a specific penalty is not imposed. (17) Appeal.] To the next ensuing general or quarter sessions, unless held within twelve days after conviction, and in that case to the then next subsequent sessions, and party convicted forthwith to enter into recognizance before convicting justices with two sureties to appear at sessions, &c. (s. 16). (18) Sureties liable.] Proceedings can be taken against the sureties of the person licensed for recovery of penalty incurred, after one calendar month from the conviction (see 1 Will. 4, c. 64, s. 19). |