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felony, or an actual commission of a felony in such dwelling house. An entry with intent to commit a
trespass (viz., to beat a person) will not be sufficient. For the statutory provisions relating to burglary see “ Larceny Act," section 51-53 (EPITOME OF STATUTES), post.
As to steps to be taken in investigating cases of burglary, see p. 59.
Canal Boats Acts
Boats used for conveyance of goods in inland navigation are not to be used as a dwelling, unless registered in accordance with Act—the boat must be re-registered if alterations be made in its structure (Act of 1884). Inspectors are appointed to carry out provisions of Act, and any authorized officer may enter a boat on suspicion of contravention of Act, or that there is anybody on board suffering from infectious disorder.
A child on board a canal boat and his parents are, for purposes of Elementary Education Acts, to be deemed residents in the place to which the boat is registered as belonging.
The Canal Boats Act, 1884, contains numerous amendments of the Act of 1877 ; local authorities are required to enforce the Acts within their respective districts.
Challenges to Fight. See title Prize Fight, post.
Under the age of seven years an infant cannot be guilty of felony; above seven and under fourteen, if it appears to the court and jury that a child could discern between good and
evil he may be convicted. After fourteen he is accountable. There is an exception in charges of rape, &c. See title RAPE,
An“ Infant” in law is a person under the age of twenty-one.
Regarding summary punishment of children under twelve years of age charged with indictable offences, and summary punishment of “young persons ” between twelve and sixteen years of age, see “ Summary Jurisdiction Act, 1879," s. 10 (EPITOME OF STATUTES), post.
See also titles INDUSTRIAL SCHOOLS, REFORMATORIES, post; also title EDUCATION Acts, post.
ITALIAN CHILDREN.—The vigilant co-operation of the police is required in the efforts made to suppress the traffic in Italian children, carried on by persons known by the name of Padroni, who import into this country children bought or stolen from their parents in Italy or elsewhere. The Padroni send these children into the streets to earn money by playing musical instruments, selling images, begging, or otherwise. It is most important to suppress this traffic by every available means,
In many cases the employer will be found to have committed an offence against the Vagrant Act, by procuring the child to beg, or the child will, perhaps, come within the provisions of the 14th section of the Industrial Schools Act, 1866. In all cases where proceedings are taken a report should be forwarded to the Secretary of State, through the proper channel (Letter from Home Office, dated 14th August, 1877).
DESERTED CHILDREN.—Children found by the police should be taken to the union; if found by a private person a description of the child should be taken, and the finder should be directed to the union and informed that he is accountable for its safe delivery there.
OFFENCES AGAINST CHILDREN.—As to stealing children, abandoning children, &c., see 24 & 25 Vict. c. 100, ss. 27 and 56 (EPITOME OF STATUTES), post.
Regarding “ Infanticide,” see title HOMICIDE, post.
Any person who wilfully neglects (being able) to provide adequate food, clothing, medical aid or lodging, for his child being in his custody under the age of fourteen, whereby the health of such child shall have been, or shall be likely to be seriously injured, shall be liable to six months' imprisonment (31 & 32 Vict. c. 122, s. 37).
Regarding “ Defilement of Children,” see title RAPE, &o., post.
CHILDREN'S DANGEROUS PERFORMANCES Act (42 & 43 Vict. c. 34). This Act prohibits the employment of children under fourteen years of age in dangerous performances, whereby in the opinion of a court of summary jurisdiction the life or limbs of any such child shall be endangered. Persons so employing children are liable to a penalty of 101., as is also the parent or guardian aiding and abetting the same. Section 3 prescribes certain penalties and compensation for accident to any child. The defendant is to prove that the child is not of the age alleged, if the court is of opinion that the child is apparently so.
INFANT LIFE, PROTECTION OF (35 & 36 Vict. c. 38).—By this Act, passed in 1872, provision is made for the better protection of infants intrusted to persons to be nursed or maintained for hire or reward.
Houses where two or more infants are received for hire apart from their parents for a longer period than twenty-four hours must be registered, and the persons receiving the infants must keep a register of the infants received.
Relatives and guardians of infants are exempt from the provisions of the Act.
The Act was passed to prevent the practice known as “Baby-farming."
Chimney Sweepers. The Acts passed in 1840 and 1864 make it criminal for any person to compel or allow any person under the age of twenty-one years to ascend or descend a chimney or enter a fue for the purpose of sweeping, cleaning, or coring the same, or for extinguishing fire. Penalty not exceeding 101., or in lieu of penalty imprisonment not exceeding six months, with or without hard labour. No person under sixteen years of age is to be apprenticed to a chimney sweeper.
The Act of 1864 contains provisions prohibiting chimney sweepers employing any child under ten years of age in his business, except on his own premises. The Act also prohibits a chimney sweeper taking with him into any house into which he may enter for the purpose of sweeping chimneys, &c., any person under sixteen years of age.
Certificates.—By 38 & 39 Vict. c. 70 (1875), “ every person carrying on the business of a chimney sweeper, and who employs any journeyman, assistant, or apprentice, shall take out a certificate.” The certificate is issued by the chief officer of police (fee 2s. 6d.), and continues in force for one year. Certificates require to be indorsed if used in districts other than the one for which issued. Penalty for not having a certificate, 10s.
The chimney sweeper is required to produce his certificate and give his name and address on demand to any person for whom he acts, or to any justice, constable or peace officer. Penalty, 108.
Any one who lends, borrows, or alters a certificate is liable to a penalty of 20s. Any one who makes a false representation regarding application for same is liable to a penalty of 40s., and the like penalty, with or without imprisonment, for a second offence.
Holders of certificates convicted of offences against Acts of 1840 and 1864 can be deprived of their certificates.
By the Act of 1875, the police are required to enforce the Acts of 1840 and 1864.
Note.—Persons not employing any journeyman, assistant, or apprentice do not require a certificate.
Coining, Uttering Counterfeit Coin, &c. The Act 24 & 25 Vict. c. 99, deals with offences relating to coin. See EPITOME OF STATUTES, post.
The making any counterfeit gold or silver current coin is felony.
The colouring, impairing, or defacing, &c., of gold or silver coin with intent, &c., is felony, as also the making or possession, &c., of any instrument or machine intended to be used for counterfeiting any current coin.
The counterfeiting of copper coin is felony, as is also the making of counterfeit gold or silver coin of any foreign prince or state.
Knowingly uttering counterfeit coin is a misdemeanor, and a second offence of uttering after previous conviction is felony.
The possession of three or more pieces of counterfeit coin with intent to utter is a misdemeanor (section 11).
By section 31 of Act, any person may apprehend any person committing any indictable offence against Act. See p. 60.
Common Lodging-houses. Common lodging-houses are houses registered by the local authority in which persons of the poorer classes are received for short periods, inhabiting one common room. The keepers of such houses have to register their names and addresses