Page images
PDF
EPUB
[merged small][ocr errors]

of any room, lodging, or house in which a dog is permitted to live is presumed to be the owner of the dog unless he can prove the contrary.

By 34 & 35 Vict. c. 56, any police officer may take possession of any dog that he has reason to suppose is savage or dangerous, which is straying on any highway or place of public resort and not under any person's control, and may detain it until the owner claims it and pays the expenses of its detention. After three clear days, if the owner is not known, and five clear days if he is known, the chief officer of police may cause the dog to be sold or destroyed if it has not been claimed and the expenses paid. The sale money must be paid to the local rate, from which the expense of properly feeding the dog during detention must be obtained.

On complaint of a dog being dangerous or not under proper control, a court of summary jurisdiction may, if they think fit, order the owner to keep it under control or destroy it under a penalty of 20s. a day.

The corporation in boroughs, and the justices of petty sessions in counties, may if a mad or suspected dog is found within their jurisdiction make and vary orders placing any restrictions they think fit on dogs not under personal control throughout the whole or any part of their jurisdiction, with a penalty of 20s. for infraction. Exact notice of the order must be published at the expense of the local rate, and is a condition precedent to any conviction.

No dog can be used to draw any cart, carriage, truck, or barrow on the public highway under a penalty of 40s. for a first offence, and 51. for subsequent offences (17 & 18 Vict. c. 60, s. 2).

By 30 & 31 Vict. c. 5, and 41 Vict. c. 15, no person may keep a dog above six months old without a license under a penalty of 51., and constables are authorized to request the production of the license, and to take proceedings under the Summary Jurisdiction Acts against persons refusing to produce or not having licenses. Half the penalty recovered

goes to the superannuation fund to which the constable belongs.

Licenses expire on the 31st of December, and must be renewed in the following January.

Exemptions.-Hounds under the age of twelve months, dogs kept by blind persons, and shepherd dogs, if the owner makes a declaration stating the number kept.

STEALING DOGS.-See LARCENY.

By 4 Geo. 4, c. 95, s. 76, carriers are bound to fasten to their cart or carriages, while on the turnpike road, any dog that may be attending them on such road.

By 12 & 18 Vict. c. 92, fighting or baiting dogs is prohibited, and persons assisting or encouraging may be apprehended without warrant, and punished with fine and imprisonment. See CRUELTY TO ANIMALS, ante. See also MALICIOUS INJURY and POISONS, post.

Drugging Animals. See title PoISON, post.

Drunkenness, &c.

Under section 12 of the Licensing Act, 1872, persons found drunk on any highway or public place, whether a highway or not, or on any licensed premises, can be summoned for drunkenness. This section, however, does not give a constable power to arrest for simple drunkenness, and when persons, though drunk, appear capable of taking care of themselves, and are going quietly home, it will be better not to interfere with them at the time. The fact should be reported by the constable to his officer, and the person can be subsequently summoned.

When a person is drunk and incapable a constable can detain such person until he can proceed with safety to himself, but if so detained he should be summoned in due course for the offence.

The practice as to apprehension and detention of persons found drunk varies much. The Home Secretary has advised the police not to apprehend when the drunken person is not incapable, but to apprehend a drunken person who is incapable and detain him until he is brought before a justice, care being taken that there is no delay. As to bail by police officers, see Summary Jurisdiction Act, 1879 (EPITOME OF STATUTES), post.

Where persons are drunk and riotous, or drunk while in charge of any carriage, horse, cattle, or steam-engine on any highway or public place, or drunk whilst in possession of loaded firearms, they can be apprehended under section 12 of the Licensing Act, 1872. See EPITOME OF STATUTES, post.

See section 13 of Licensing Act, 1872, as to permitting drunkenness on licensed premises, and section 18 as to exclusion of drunkards from such premises.

See also title TOWNS POLICE CLAUSES ACT, post, as to offences by drunken persons in towns, &c.

Regarding persons drunk on railway platforms or premises and railway servants found drunk on duty, see title RAILWAYS, post.

As to soldiers drunk and riotous, see SOLDIERS, post.

It is no part of the duty of a constable to remonstrate with or censure a person whom he may find drunk.

66

The Habitual Drunkards Act, 1879, authorizes justices to license "retreats" to which habitual drunkards may be admitted on their own application, and unless discharged by license are not to be entitled to leave until the expiration of the time mentioned in the application, but such term is not to exceed twelve months. "Habitual drunkard" means person who not being amenable to any jurisdiction in lunacy is, notwithstanding, by reason of habitual intemperate drinking of intoxicating liquor, at times dangerous to himself or herself or to others, or incapable of managing himself or herself, or his or her affairs."

a

Persons are liable to penalties for offences against the Acts, &c. Retreats are to be inspected twice a year by inspectors appointed by the Secretary of State (42 & 43 Vict. c. 19).

Education Acts.

The Elementary Education Acts contain provisions prohibiting the employment of children under the age of ten years, or children of that age and upwards who have not obtained a certificate of school proficiency, &c.; section 23 of Factory Act (41 Vict. c. 16) provides for education of children employed in factory. Provision is made for instruction of children above the age of five years, whose education is habitually and without reasonable excuse neglected by parents, or who are found habitually wandering, and in company of rogues. and vagabonds (39 & 40 Vict. c. 79, s. 11). Such children

may be ordered by court of summary jurisdiction to attend a school-penalty for disobedience of order 5s., including costs.

"Reasonable excuse." That there is not within two miles of residence any school which the child could attend, or that the absence of child from school has been caused by sickness, or any unavoidable cause (section 11). The Acts are enforced by officers specially appointed.

Elections.

For offences at parliamentary and municipal elections, see the Ballot Act, 1872 (35 & 36 Vict. c. 33); also the Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51).

Under 35 & 36 Vict. c. 33, s. 9, the presiding officer at any polling booth or polling station is empowered to order into custody any person who misconducts himself in the polling station.

The police are usually employed to keep order at the polling tation and entrances to the same. They should render to the

sheriff and sub-sheriff what assistance they can, but on no account must they interfere with the arrangements for voting or the actions of persons recording their votes. Where the

police are employed as assistants in charge of the ballot boxes. they should avoid being left at any time in sole charge of the boxes.

Members of the police force are prohibited from voting at parliamentary or municipal elections, and they are liable to a penalty of 20l. if they directly or indirectly influence or attempt to influence the vote of any elector. Police must not attend or take part in any political or public meeting, except in the discharge of their lawful duty. See 2 & 3 Vict. c. 93, s. 9, and 22 & 23 Vict. c. 32. Regarding Rioting at Elections, see title RIOT, post.

Embezzlement.

Embezzlement is the appropriation to his own use by a clerk, or servant, or person employed for the purpose or in the capacity of a clerk or servant, of goods or money entrusted to him for his master. Embezzlement is a species of larceny, and is treated of under the Larceny Act, 24 & 25 Vict. c. 96. See EPITOME OF STATUTES, post.

Section 68 deals with embezzlement by clerk or servant (a), section 70 embezzlement by public officers, sections 70 and 71 regarding indictment and trial.

Embezzlement by co-partners is treated of under 31 & 32 Vict. c. 116, s. 1, and falsification of accounts under 38 & 39 Vict. c. 24, s. 1.

(a) It is a question of fact for the jury whether the prisoner is or is not a clerk or servant, R. v. Negus, 37 J. P. 469. An agent is not indictable under the statute. BRAMWELL, L. J., in R. v. Walker, thus distinguished between principal and agent, and master and servant: "A principal has the right to direct what the agent has to do, but a master has not only that right, but also to say how it is to be done."

« EelmineJätka »