over it, and the district board being de facto in the exercise of that jurisdiction, it was held, on a complaint by them against persons who had treated with them as having jurisdiction, that the marsh wall was vested in the district board. Semble-That a house, built with foundations placed on the surface, without digging out, is within section 76, which enacts, "that before beginning to lay or dig out the foundation of any house seven days' notice shall be given to the district board." Poplar District Board of Works v. Knight, 37
distinct rates: exemptions]-Under the Me- tropolis Local Management Act, 1855 (18 & 19 Vict. c. 120.) s. 161. no rates, except the light- ing and sewers rate, need be kept distinct from the general rate. By a local act for the parish of P. all hereditaments whatever were made rateable to all the parish rates; but certain classes of property, such as unoccupied or un- finished buildings, were to be rated to certain rates (the poor-rate not being one) on a differ- ent scale from other property. It was held, that by the 161st section of the Metropolis Local Management Act, all property must be rated to the general rate under that act on the same scale as to the poor-rate in the parish, with- out any reference to these distinctions. the Great Western Rail. Co., 59
Power of making poor-rates, in whom vested. See Poor-rate.
METROPOLITAN BUILDING ACT-recovery of ex- penses-The limitation of time for the recovery of expenses incurred by Commissioners runs from the demand, not from the completion of the works. Labalmondiere v. Addison, 25
order to take down and repair buildings]— An order made by a Justice, under section 73. of the Metropolitan Building Act, 1855 (18 & 19 Vict. c. 122), requiring the owner of a structure to take down and repair such structure, ought to shew upon the face of it that the owner had been summoned to answer the complaint upon which the order was issued, and it ought also to shew that the Justice making such order adjudi- cated the complaint to be true. When proceed- ings are taken before a Justice to recover the expenses incurred by the Commissioners, in consequence of the disobedience of such order by the owner of the structure, it is lawful for such Justice to consider the validity of the order, and to hold that it is bad, for the reasons above mentioned. Labalmondiere v. Frost, 155 MISDEMEANOUR. See Towns Improvement Acts. MUNICIPAL CORPORATION-notices of meetings for purposes of local paving act]-By a local act, certain Commissioners were appointed for paving, &c. the town of K, and they were to carry on their proceedings at public meetings, of which notice in writing was to be fixed upon the door of the parish church. Under section 75. of 5 & 6 Vict. c. 76. the powers of the Commis-
sioners were vested in the town council; by section 69. a notice of the time and place of the intended meetings of the town council was to be given by fixing the same on or near the door of the town hall of the borough. In pursuance of the powers given by the local act, assessors were appointed at a meeting for the purpose of making a rate, and at a meeting a precept was issued to them to make the rate. It was held, that the notices of these meetings respectively were properly given by fixing them upon or near the door of the town-hall, as required by the Municipal Corporation Act. The Town Council of Kidderminster v. Croft, 148
liability to indictment of partner of clerk to Justices for being interested in a prosecution]-- By section 102. of 5 & 6 Will. 4. c. 76, it is pro- vided that it shall not be lawful for the clerk to borough Justices, by himself or his partner, to be directly or indirectly interested or employed in the prosecution of any offender committed for trial by the Justices of whom he shall be such clerk as aforesaid, or any of them, at any court of gaol delivery or general or Quarter Sessions. F. was appointed clerk to the Justices of the borough of N. He was in partnership with P, who was clerk of the peace for the county in which N. was situate, and who was entitled to receive certain fees upon the arraignment and trial of all prisoners at the Quarter Sessions. Certain offenders were committed by the Justices of N. for trial at the General Quarter Sessions for the county, and upon their arraignment and trial P. received fees. By arrangement between F. and P, the former was entitled to receive, and did receive, one half of the fees so taken by P. It was held, by Lord Campbell, C.J. and Erle, J. (Crompton, J. dissentiente), that F. was liable to be convicted upon an indictment pre- ferred against him under the 102nd section above mentioned. R. v. Fox, 157
NAVIGABLE RIVER-throwing ballast, rubbish, &c. out of vessel]-Section 11. of 54 Geo. 3. c. 159. operates by way of substitution for that part of the 19 Geo. 2. c. 22, which makes it an offence to throw out of any vessel, in a navigable river, ballast, rubbish, &c., so as to obstruct the chan- nel or prejudice the navigation therein; and therefore a conviction under the earlier statute for such an offence is bad. The owner of a vessel may be convicted of such an offence, though he be not on board at the time the act is done. Michell v. Brown, 53
NOTICE-under local act when powers of local act transferred to town council, See Municipal Corporation Act.
of appeal. See Nuisance.
NUISANCE- proceedings before Justices, in what cases]-The proceeding before Justices given by the 18 & 19 Vict. c. 121. s. 12, for the re- moval and prevention of nuisances, is confined to cases where the cause and effect of such nui- sances exist within the area of the jurisdiction
of the local authority. Therefore, where I, C. & Co., brewers at R, poured their refuse into a river at that place, and the consequential result of that act was the pollution of the water of the river at D, and the local authority for D. pro- ceeded before the Justices for the abatement of the nuisance, it was held, that as the cause arose out of the jurisdiction of the local authority, the Justices had no power to hear and determine the question. R. v. Cotton, 22
time for giving notice of appeal: limit of amount of assessment]-By the 22nd section of the Nuisances Removal Act, 1855, the local authority are empowered in certain cases to lay down a sewer, and to assess every house using it, to such payment, either immediate or annual or distributed over a term of years, as they shall think reasonable, and, after fourteen days' notice left on the premises so assessed, to levy and collect the sum and sums so assessed in the same manner and with the same remedies as highway rates, and with the same right of appeal against the amount of assessment re- served to the person assessed, as by the law in force for the time being shall be given against the highway rate: provided that such assess- ment shall in no case exceed 18. in the pound on the assessment to the highway rate. By the Highway Act, (5 & 6 Will. 4. c. 50.) s. 105, the right is given to any person aggrieved by any rate to appeal to the next Quarter Sessions, first giving to the opposite party notice within fourteen days after such rate shall have been made. It was held, first, that the fourteen days for giving notice of appeal against an assessment under the former act ran from the service of the notice of assessment on the premises assessed, and not from the time when the amount was fixed by the local authority. Secondly, that the proviso in the 22nd section limited the an- nual assessment only to 18. in the pound on the rateable value as assessed to the highway rate, but did not prohibit the whole assessment of the premises in respect of one structure, to be dis- tributed over several years, from exceeding that amount. R. v. the Nuisances Removal Commit- tee of Middleton, 41
ORDER OF JUSTICES. See Amendment. Metro- politan Building Act.
ORDER OF REMOVAL-irremovability by five years' residence]-Imprisonment in England under a sentence of penal servitude is an imprisonment within the proviso in 9 & 10 Vict. c. 66. s. 1, and is not a break in a five years' residence. R. v. Potterhanworth, 56
A residence of five years in an extra-paro- chial place, part of which residence was before 20 Vict. c. 19. came into operation, does not confer the status of irremovability; that act having no retrospective operation. R. v. Inha- bitants of St. Sepulchre, 187
Under 9 & 10 Vict. c. 66. s. 1. and 11 & 12 Vict. c. 111. s. 1, a widow, whose husband was
irremovable at the time of his death, does not continue irremovable if she has not herself re- sided the five years. R. v. Inhabitants of Cud- ham, 105
Service of fresh grounds of appeal. See Appeal.
PAWNBROKER. See Larceny. Penalty.
PENALTY-under Pawnbrokers Act: who entitled to moiety]-A common informer, who lays an information against a pawnbroker for an offence under 39 & 40 Geo. 3. c. 99. is entitled to a moiety of the penalties imposed by section 27. Caswell v. Morgan, 208
under Gaming Houses Act: who entitled to moiety)-Right of the receiver of the Metro- politan Police District to moiety of penalty under the Gaming Houses Act, 17 & 18 Vict. c. 38. Wray v. Ellis, 45
for keeping unlicensed house for public per- formance of stage plays. See Theatre. PERJURY-introductory averment in indictment]— An indictment for perjury for forging a receipt alleged that, on the hearing of a cause in a county court, it became a material question whether B. had, in the presence of the prisoner, signed at the foot of a certain bill of account, purporting to be a bill of account between a cer- tain firm called "B. & Co." and "J. W." a re- ceipt for payment of the amount of the said bill. It was held, the bill of account was sufficiently specified, R. v. Webster, 200
POOR RATE-exemptions: Bradford Library and Literary Society]-Exemption of the Bradford Library and Literary Society as a society insti- tuted for the purposes of science, literature and the fine arts exclusively; the fact of the use of the library and its contents being confined to the subscribers not making their purposes less the primary object of the society, or preventing it from coming within the exemption in 6 & 7 Vict. c. 36. s. 31. Contributions are voluntary, if the obligation to pay be voluntarily incurred; and the personal benefit derived to contributors in having the exclusive use of the rooms and the use of books at their houses, in return for their subscription, is not such as to take them out of the meaning of "voluntary contributions" in the proviso to the above section. R. v. the Bradford Library and Literary Society, 73
powers of making, vested in new vestry under Metropolis Local Management Act]-By a local act, making the hamlet of Spitalfields a distinct parish, the rector of the church, the church- wardens and overseers of the poor, and all other persons possessing certain specified qualifications, were constituted the vestrymen of the parish. By another local act power was given to them to make poor-rates. By 18 & 19 Vict. c. 120.
B. 2, the new vestry of certain parishes, including the parish of Spitalfields, was ordered to be elected in a certain specified manner, and the incumbent and churchwardens were to constitute part of such vestry, and were to vote therein, in addition to the elected vestrymen; and by section 8. it was enacted, that "such vestrymen with such persons as herein before mentioned, shall forthwith be deemed to constitute the vestry of such parish, and shall supersede any existing vestry therein, and exercise the powers and privileges held by such existing vestry." Under the above provisions a vestry was elected for the parish of Spitalfields, and made poor-rates, the overseers taking no part in making them. It was held, the powers of making poor-rates possessed by the old vestry were transferred to the new vestry, and the rates were lawfully made, the overseers not being entitled to vote. Vaughan v. Imray, 78
deductions in assessing canal passing through several parishes]-In assessing to the poor-rate of a parish a part of a canal which passes through several parishes, in order to ascertain its rateable value, the expense of maintaining locks situate in the parish is not to be deducted from the gross earnings of the canal in the parish, as it is not a local expense and ought to be thrown on the whole line of canal. R. v. the Company of Proprietors of the Coventry Canal, 102
rateable value of land occupied without right to game]-A tenant occupied land under a parol demise to him from year to year, the right to the game and of entering for the purpose of taking and killing it being reserved to the landlord. The rateable value of the occupation of the land without the right was 117. 58. 8d., and with the right, 267. 198. 8d. The Quarter Sessions having found the above facts in a case on appeal against a poor-rate, in which the tenant was rated at the higher value, it was held that he was only liable to be rated at the lower value. R. v. Inhabitants of Thurlstone, 106
retrospective: contribution order]-Invalidity of retrospective poor-rate and of contribution order by guardians or overseers in part to pay old debts. Meaning of "extraordinary charges" in Article 81. of the Consolidated Order, 1847, of the Poor Law Board. Waddington v. Guardians of City of London Union, 113
docks-Rateability of docks as being occupied beneficially, and not for public purposes. R. v. Churchwardens and Overseers of Chirton, 131
waterworks]-Principle of rating buildings and premises of waterworks. R. v. West Middlesex Waterworks, 135
publication]-Sufficiency of publication by affixing notice upon the church-door previously to the evening service. Burneley v. the Overseers of Methley, 152
endowment of minister of new district]-By way of endowment of the minister of a new district constituted under the provisions of 6 & 7 Vict. c. 37, 7 & 8 Vict. c. 94, and 19 & 20 Vict. c. 104, the rector of the parish of T. granted to such minister and his successors "" one clear yearly rent-charge or sum of 150l., to be payable half-yearly," &c. "to be for ever issuing and payable out of, and charged upon and being part of all that the rectory," &c. The deed gave a power of entry and distress in case of nonpayment of the money, but the money had been paid and the power had not been exercised. The parish officers of T. having assessed the minister to the relief of the poor, it was held he was not liable to be assessed. Frend v. the Churchwardens and Overseers of the Parish of Tolleshunt Knights, 169
tolls]-Anchorage and beaconage tolls are rateable to the poor-rate in all the parishes in which the port is situate and to which ships paying the toll come, in the proportion of the number of ships coming into each of the parishes respectively. R. v. the Earl of Durham, 232
pier in bed of river: boundary]-In beating the boundaries of the parish of Rotherhithe the authorities proceed along the embankments, wharves, or other shore of the river Thames, while in the adjoining parish of Bermondsey the authorities go along the middle of the river; the parish of Rotherhithe has never done or exercised any parochial act or authority beyond the embankments, &c. It was held, the inference from the above circumstances was, that the parish of Rotherhithe extended to the middle of the river; and that a pier built on piles in the bed of the river, opposite one of the embankments, but not connected with it, was rateable to the poor-rate of the parish. M'Cannon v. Sinclair, 247
for burial board purposes]-Where a district of a parish is entitled, under section 12. of the 18 & 19 Vict. c. 128, though not supporting its own poor, to appoint a separate burial board, the rest of the parish, minus the district, may appoint a burial board; and a poor-rate made and assessed for the purposes of the burial board on such part of the parish is good. Viner v. Churchwardens and Overseers of Tonbridge, 251 PRACTICE-right to begin]-Where there is a demurrer to a declaration, and there are also demurrers to the pleas pleaded to that declaration, the plaintiff's counsel begins the argument. The Mayor, &c. of Blackburn v. Parkinson, 7
See Case stated by Justices. PREROGATIVE. See Costs. Turnpike.
PREVIOUS CONVICTION-mode of alleging and of arraigning on]-An indictment charging a felony may allege a previous conviction against the prisoner, either before or after the substantive charge. If, to prevent prejudice, the
prisoner, at the request of his counsel, has not been arraigned on the charge for the previous conviction before the verdict has been given on the substantive charge, he may afterwards be arraigned thereon, and the jury may afterwards inquire respecting it. R. v. Hilton, 28
PRINCIPAL AND AGENT-disclosure by agent before Commissioner in Bankruptcy]-An agent in- trusted with a bill of lading, without authority of his principals, and in violation of good faith, deposited it with bankers for his own benefit, as a security for advances. He was charged with this offence before a Magistrate. The depositions which were taken in support of the charge contained ample evidence to support it. Having become bankrupt, he was taken by his creditors and examined respecting the subject- matter of the charge before a Commissioner in Bankruptcy, and then made a statement in every respect in accordance with the evidence in the depositions. He was afterwards indicted on the same charge. On the trial, his examination in bankruptcy was offered by him as a defence as shewing that he had disclosed the act before a Commissioner in Bankruptcy previous to being indicted for the offence, and that, therefore, he was not liable to conviction, by virtue of 5 & 6 Vict. c. 39. s. 6. This evidence of a disclosure was held to be admissible under the plea of not guilty. The majority of the Court were, how- ever, of opinion, that as the agent only stated before the Commissioner matter which had been previously known and previously proved by evi- dence before the Magistrate, he had not made any disclosure within the meaning of the act, and, consequently, was not entitled to protec- tion. The minority held, that as the statement of the agent was obtained on a compulsory exa- mination, instituted bond fide by the creditors for their own interest, it was a disclosure before a Commissioner within the act, notwithstanding the previous publicity of the matter there in- quired into. R. v. Skeen, 91
PUBLIC HEALTH ACT-bye-laws regulating stands for hackney carriages]-By a local improve- ment act, incorporating "The Public Health Act, 1848," which, by Order in Council, had been previously applied to the district, the local board were empowered from time to time to make bye-laws for the purpose (inter alia) of regulating the conduct of the drivers of hackney carriages and animals plying within the district, and for fixing the stands of such hackney car- riages and animals. The local board made a bye- law that the places in the district where painted boards should from time to time be placed by the local board of health to distinguish them as stands, should be the stands for such number of carriages, &c. as should be mentioned on such boards, and prohibiting drivers from placing their vehicles, &c., or plying for hire elsewhere than on such stands under a penalty of 40s. It was held, this bye-law was valid, and within the powers of the local act, and that it was not necessary to make a bye-law for fixing the posi tion of the stands. The Public Health Act,
1848, was applied by the Order in Council to the township of L, and the Local Improvement Act adopted the same limits. L. was on one side bounded by the sea. The provisions of the local act shewed that it was intended that the Justices should have jurisdiction over the shore. It was held, the sea-shore between high and low water- mark was within the district, and, consequently, that the above bye-law was applicable to stands on the sea-shore. Bennett v. Blackpool Local Board of Health, and Kenyon v. the Same, 203
RAILWAY-Sending dangerous goods by. See Conviction.
RAPE-definition of]-To constitute rape it is not necessary that the connexion with the woman should be had against her will; it is sufficient if it be without her consent. R. v. Fletcher, 85
RATE. See Borough Rate. Poor-Rate. Watch- ing and Lighting Rate.
RECEIVING GOODS SUSPECTED TO BE PURLOINED- materials in manufacture found in possession of occupier of warehouse]-By section 10. of 17 Geo. 3. c. 56. it shall be lawful for any two Jus- tices of the Peace, upon complaint made to them, upon oath, that there is reason to suspect that purloined or embezzled materials are concealed in any dwelling-house, outhouse, yard, garden, or other place or places, by warrant to cause every such, &c. to be searched; and if any such materials shall be found therein, to cause the same and the person or persons in whose house, &c. the same shall be found to be brought before any two Justices; and if the said person or persons shall not give an account, to the satis- faction of such Justices, how he, she or they came by the same, then the said person or per- sons so offending shall be deemed or adjudged guilty of a misdemeanour. E, who carried on business as a silk dealer and manufacturer, and as a seller of goods on commission, had a ware- house upwards of a mile and a half from his dwelling-house. The warehouse was used for business purposes only. In it were found cer- tain materials of the description mentioned in the statute, and such materials were suspected to have been purloined or embezzled. E. failed to give an account, to the satisfaction of the Justices before whom he was charged, under the 10th section, of how he came by the same, and was convicted by the Justices. It was held, that the warehouse was a "place" within the meaning of the section, and that the Justices had jurisdiction to convict. R. v. Edmundson, 213
RECOGNIZANCE-time for entering into, on appeal from Justices-On an appeal from the decision of Justices, under the 20 & 21 Vict. c. 43. ss. 2, 3, the appellant may enter into the required re- cognizance at any time during the three days allowed for applying for a case, and he need not enter into it simultaneously with making the application. Chapman v. Robinson, 30
REMOVABILITY. See Order of Removal.
SETTLEMENT BY APPRENTICESHIP-hearsay evi- dence of search for the indenture]-Hearsay evidence is sometimes admissible to satisfy the mind of the Court upon a preliminary inquiry, although the facts proved would not be evidence in the cause. Where at the hearing of an appeal against the removal of a pauper it was necessary to prove an apprenticeship, and in order to shew that a proper and reasonable search had been made for the indenture, it was proposed to ask witnesses what inquiries they had made of persons who were supposed to be likely to have it in their possession, and also what answers were given to these inquiries, and the Sessions refused to allow such evidence to be given, this Court held, that such questions and answers were receivable to prove that the search made was reasonable. R. v. Inhabitants of Braintree, 1
evidence from which the binding may be in- ferred-Upon a question whether G. W. had acquired a settlement by service as a parish apprentice to P, it was proved that in 1824 he and his father were taken by the overseers before the Justices; that P. and the overseers were there; that papers were drawn up; that the Justices asked the father whether he had any objection to his son being bound apprentice to P; that G. W. went the next day to P, and that he remained with him two or three years. It also appeared from the register-book that one G. P. W. had, in 1824, been bound apprentice to P. The Sessions from these facts inferred that G. W. had been duly bound a parish apprentice to P, and it was held that they were right in drawing such inference. R. v. Inhabitants of Broadhempston, 18
THEATRE penally for keeping unlicensed house]- A booth used as a theatre by strolling players, is not "a house or other place of public resort for the public performance of stage plays," within the meaning of the statute 6 & 7 Vict. c. 68. 8. 2, and the manager and proprietor of such a booth is not liable to the penalty imposed by that section for keeping a house or other place of public resort open for stage plays. Davys v. Douglas, 193
TIME. See Metropolitan Building Act.
TITHE-Summary proceedings to enforce payment of an annuity in lieu of tithe. See Church.
TOLLS. See Poor-Rate. Turnpike.
TOWNS IMPROVEMENT ACTS houses facing each other-By the Manchester Improvement Act, 8 & 9 Vict. c. cxli. s. 29, no street is to be made of less width than 24 feet; and by section 30. "it shall not be lawful to build within the borough any houses with their fronts facing each other which shall be separated from each other by a space of less than 24 feet wide." This section held to apply to prohibit the erection in a street in the borough of two houses at the same time, with their fronts facing each other, within the prescribed distance, and not to affect the erection of buildings not in a street. R. V. Sidebotham, 189
streets "theretofore" paved] - The word "theretofore," in section 53. of 10 & 11 Vict. c. 34, is to be construed in its ordinary gram- matical sense, and refers to streets which have at any time been well and sufficiently paved and flagged, or otherwise made good to the satisfac- tion of the Commissioners, and not to the state of such streets at the time of the passing of the special act, incorporated with the general act. R. v. the Great Western Rail. Co., 246
See Action. Public Health Act. TRESPASS. See Game.
TRUCK ACT-note for payment in goods: juris- diction of Justices] · An artificer, to whom wages were due, was paid by his master by means of a note for the payment in goods, the master knowing that the payment would be made in goods, and not in the current coin of the realm. The agent of the master delivered goods in obedience to the note, and the master was convicted before Justices of an offence under the Truck Act, although the place where the goods were delivered was not within the juris- diction of the Justices. Conviction right, as, under the circumstances, the offence was com- plete when the note was given. Ashersmith v. Drury, 5
TURNPIKE-clergyman's exemption from toll]—A clergyman acting temporarily as curate of a parish, with the permission of the bishop, though without his licence, is within the exemption in 3 Geo. 4. c. 126. s. 32: and the exemption ex- tends to a turnpike without the parish to which he was going on parochial duty. Temple v. Dickinson, 10
taxed cart]-Where a local act provided that upon the W. turnpike-road certain tolls should be chargeable, and amongst others, "for every horse or other beast drawing any other chaise, chair or caleche, or any taxed cart, a sum not exceeding the sum of 3d.," it was held, that a cart upon which a tax had been imposed and paid in the previous year, was within the above enactment, and that no larger toll than 3d. could be charged for passing through the toll- gate. Purdy v. Smith, 150
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