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An inspector, if he apprehends obstruction in the dischargeof his duty, is empowered to take a constable with him intoa factory by day or night; but the power is limited to a factory, and does not apply to a workshop (section 68).

The premises to which the Act applies are defined in section 93 of the Act.

Factories are premises in which machinery is moved by steam, water, or other mechanical power. A workshop is a place where no such power is used.

As to the education of children employed in factories, see section 23 of the Act.

The Factory and Workshop Act, 1883, is divided into three parts. The first part relates to white-lead factories. The second part contains explanations of sections 12, 53, and 56 of the Factory Act, 1878, as to the employment of children, young persons, and women. The third part of the Act relates to bakehouses. See title BAKEHOUSES, p. 86, ante. The Act is to be construed as one with the Factory and Workshop Act, 1878.

False Personation.

To falsely and deceitfully personate any person with intent fraudulently to obtain any land, estate, chattel, money, or valuable security is felony.

False Pretences.

Obtaining property by false pretences is treated of under the Larceny Act (24 & 25 Vict. c. 96, ss. 88-90). See EPITOME OF STATUTES, post. A false pretence is a false representation made either by words, writing, or conduct that some fact exists or existed, and notwithstanding that a person of common prudence might easily have detected its falsehood by inquiry, and whether the existence of the alleged fact was

in itself impossible. The offence is a misdemeanor. It is distinguishable from larceny, inasmuch as the owner consents to the property being taken out of his possession, though such consent has been induced by fraud. In larceny the property is taken against the wish and intention of the owners. The law of "false pretences" is, however, involved in some obscurity. The "false pretence" must be of some pretended existing fact, and be made for the purpose of inducing the prosecutor to part with his property. The expression does not include a promise as to future conduct or exaggerated praise or commendation of an article sold in the ordinary course of business.

A false pretence may be made by the use of ambiguous words, if those words are naturally and reasonably capable of conveying the pretence; but the false pretence need not necessarily be in words, and therefore it has been held that where a party gave a cheque on a banker with whom he had. no account (a), or obtained goods and money for a forged note of hand, or assumed the gown and cap of a commoner of the University of Oxford, and obtained money or goods by means of the fraud, the offence is within the statute (Russell's Crimes, p. 638).

Falsely pretending that a person will pay for goods on delivery is not a false pretence within the meaning of the statute.

If upon the trial of any person indicted for the misdemeanor of obtaining goods, &c., by false pretences it shall be proved that he obtained the property in question in any such. manner as to amount in law to larceny, he shall not by reason thereof be entitled to be acquitted of the misdemeanor. 24 & 25 Vict. c. 96, s. 88.

(a) The mere giving of a cheque does not amount to a representation that the giver has the money at the bank. (R. v. Hazleton, 44 L. J. 11.)

If a person be found committing an offence against 24 & 25 Vict. c. 96, s. 88, he may be apprehended without warrant (section 103); but if an interval of several hours intervene the arrest should be made under a warrant (Codd v. Cabe, 45 L. J. 101). The trial must take place where the chattel, money, &c., was obtained, and not where the false pretence was made. An article sent by post by request is obtained where the letter is posted. (R. v. Jones, 19 L. J. 162.)

Evidence of previous attempts to obtain money by false pretences is admissible to prove guilty knowledge.

Every person going about collecting alms or charitable contributions under any false or fraudulent pretence is liable to imprisonment with hard labour.

The distinction between the offence of obtaining goods by false pretences and larceny is thus stated in R. v. Prince, 1 L. R. C. C. 150, and 19 L. T. 364 :-" Where a servant is intrusted with a general authority to act for his master, and is induced by fraud to part with his master's property, the person who obtains the property by such fraud is guilty of obtaining it by false pretences, and not of larceny, because it is necessary in larceny that the taking should be against the will of the owner or of his authorized servant. But where a servant has no such general authority, but is merely intrusted with the possession of the goods for a special purpose, and is tricked out of that possession by fraud, the offender is guilty of larceny.

Cheating is an offence indictable as a misdemeanor under the common law when the method of cheating or deceiving is such as people by ordinary care cannot guard against, as when false weights, &c., are used; but it is different when the cheat or deception is one against which common prudence might protect.

Regarding "Cheating at Play," see GAMING, post.

Incurring a debt or liability by obtaining credit under false pretences or other fraud is a misdemeanor; see 32 & 33 Vict. c. 62, s. 13. See also title BANKRUPTS, ante, p. 88.

Fires.

A fire may originate in one of two ways: either acciden-tally or by the act of an incendiary. Regarding "Incendiary Fires," see title ARSON, p. 81, ante; also under title CRIMINAL INVESTIGATION, p. 60, ante.

When premises are on fire the first effort of the police should be to save life if in danger, subsequent efforts being directed to the saving of property. All portable property should be removed from the premises conformably with the wishes and suggestions of the proprietor. (See also p. 6, ante.)

Special attention should be directed to the movements of thieves and pickpockets, who are usually among the crowd on such occasions, and they should be prevented gaining access to the premises.

The police should keep the ground in front of the building clear, so as to give free scope for the working of the engines. and exertions of the firemen.

Fisheries.

The fishery laws are somewhat diversified and complicated. The duties of the constabulary, however, should be confined to the protection of public interests, and not to the enforcement of private rights. Constables are sometimes specially appointed water bailiffs, in which case they have all the powers of water bailiffs appointed under the Salmon Fishery Acts, 1861 to 1878.

The powers of water bailiffs are given in section 31 of the Salmon Fishery Act, 1865, and sections 36-38 of the Salmon Fishery Act, 1873.

Such breaches of the fishery laws as affect public interests should be noticed and reported by the constabulary, viz., the non-observance of close season; destruction of fry and spawn of salmon, trout, and char; fishing with lights, spears, &c.

Under the Salmon Fishery Acts, 1861 to 1876, salmon fishery districts were constituted and boards of conservators appointed.

The Acts contain provisions as to granting of licenses, powers of water bailiffs, construction of fish weirs, passes, and gratings. Provision is also made for the making of

bye-laws.

The Freshwater Fisheries Act, 1878, is to be read as one with the Salmon Fishery Acts, 1861 to 1876, and the provisions of the Acts of 1865 and 1873, as to the formation of fishery districts and the proceedings and powers of conservators, are to extend to all waters frequented by trout or char; waters in Norfolk and Suffolk placed under 40 & 41 Vict. c. 98, excepted (41 & 42 Vict. c. 39, ss. 2-4).

SALMON, TROUT, AND CHAR.-Persons fishing in a fishery district with rod and line for salmon, trout, or char without a proper license are liable; and persons using any fishing weir, net, or other instrument or device not being a rod or line, without a license, are liable to penalties.

Any constable, licensee, &c., may require any person found fishing with rod and line to produce his license (28 & 29 Vict. c. 121, s. 37, and 41 & 42 Vict. c. 39, s. 7). Persons are also liable to penalties:

For knowingly putting poisonous matter into waters containing salmon, and thereby killing the fish. See also Freshwater Fisheries Act, 1884 (47 Vict. c. 11, s. 7), as to liability under that Act.

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