Page images
PDF
EPUB

school, and shall be under the supervision of inspectors appointed by Secretary of State. Any person may bring children coming within any of the following descriptions before two justices, who may order them to be sent to a certified industrial school:

1. Any child apparently under the age of fourteen years, found begging or receiving alms (whether actually or under pretext of selling or offering for sale anything), or being in any street or public place for the purpose of so begging or receiving alms, or found wandering and not having any home or settled place of abode, or proper guardianship, or visible means of subsistence, or found destitute, either being an orphan, or having a surviving parent who is undergoing penal servitude or imprisonment; or that frequenting the company of reputed thieves, or (by 43 & 44 Vict. c. 15) is lodging, living, or residing with prostitutes, or in house frequented by prostitutes.

A child under twelve years of age charged with any offence and not having been convicted of felony may be so dealt with.

Where parent or guardian of child apparently under the age of fourteen years represents that he is unable to control the child, he may be sent to industrial school.

Any child apparently under fourteen maintained in workhouse, &c., who is refractory, &c.

And under the Elementary Education Act, a child above the age of five years, habitually neglected by parents, or habitually wandering or consorting with criminals or disorderly persons.

The order of justices is to specify the school, the religious persuasion and time of detention, but the child cannot be detained beyond the age of sixteen.

Any child above ten escaping from an industrial school may be apprehended without warrant, and taken before a justice, and punished by imprisonment for not less than fourteen days or more than three months, and children can be similarly

punished for neglecting or refusing to conform to the rules of the school.

Knowingly assisting or inducing a child to escape, or harbouring such child, is punishable by fine or imprisonment. Justices may order parents to contribute five shillings a week towards the maintenance of a child.

Infanticide. See title HOMICIDE, p. 209.

Inquests. See title CORONERS, p. 121.

Intimidation.

Everyone commits a misdemeanor, and is liable to fine or imprisonment, who, with a view to compel any person to abstain from doing any act which he has a legal right to do, uses violence towards or intimidates him, or persistently follows such person, or follows him with others in a disorderly manner, or injures his property, or hides his tools, clothing, &c., or hinders him in use of his tools or property (38 & 39 Vict. c. 86, s. 7). See also title TRADES UNIONS, post.

Juries.

By the Juries Act, 1870 (33 & 34 Vict. c. 77), the laws. relating to the qualifications, summoning, and attendance of special and common juries have been amended. As to the qualifications of special jurors, see section 6. Various classes of persons are exempted from serving on juries, including peers, members of parliament, judges, clergymen, Roman Catholic priests, ministers of any denomination whose place of meeting is duly registered, barristers-at-law actually practising, attorneys and solicitors actually practising, managing clerks and notaries public in actual practice, and many others. See schedule to the Act.

The sheriff summonses the jurymen, and they are liable to a fine for non-attendance when summoned.

As to jurors in boroughs, see 45 & 46 Vict. c. 50, s. 186. In criminal trials a jury consists of twelve men, who must agree in their verdict.

A grand jury may consist of any number more than eleven, and decide by a majority.

Juries in county courts consist of five men.

For coroner's juries, see title CORONERS, p. 121.

Jurisdiction.

The police have only authority to act in the district for which they are sworn in, and if they are called upon to act elsewhere they must be sworn in for the fresh district, or else be provided with a warrant properly "backed" for execution therein. See title WARRANTS, post.

Regarding Jurisdiction of Metropolitan Police, see title METROPOLITAN POLICE, post.

All offences committed on the boundary or boundaries of two or more counties, or within 500 yards of any such boundary, or begun in one county and completed in another, may be dealt with in any of the said counties as if they had been actually committed therein; or when committed in any coach or carriage employed in any journey or on board any vessel employed on any voyage on river, canal, &c., it may be dealt with in any county through any part of which such carriage or vessel passed.

An English ship upon the high seas is to be considered as part of the territory of England, and where any person being a British subject charged with any offence on board a British ship on the high seas or in any foreign port, or if any person not being a British subject, charged with having committed any offence on board any British ship on the high seas is found within the jurisdiction of any court of justice in Her

Majesty's dominions, such court shall hear and try the case as if committed within the limits of its ordinary jurisdiction (18 & 19 Vict. c. 91, s. 21).

[ocr errors]

Regarding Summary Jurisdiction of Justices, see "Summary Jurisdiction Acts" EPITOME OF STATUTES, post.

Justices.

Justices for counties are appointed by the Crown, usually on the recommendation of the Lord Lieutenant to the Lord Chancellor. The estate qualification (100l. per annum for freehold, &c.), is fixed by 18 Geo. 2, c. 20, s. 1. See also section 13. The occupation qualification (occupying for two years dwelling-house assessed to inhabited house duty at 1007.) is fixed by 38 & 39 Vict. c. 54.

Justices for boroughs are appointed by the Crown. The Lord Chancellor sometimes adopts recommendation of town council, and at other times acts quite independently. A justice for a borough need not be a burgess nor have an estate qualification, as required by a justice for a county, but he must reside or have property which he occupies in or within seven miles of the borough (45 & 46 Vict. c. 50, s. 157).

In any action against a justice for any act done in the execution of his duty, malice must be alleged. In all cases where justices refuse to do any act relating to the duties of their office, application may be made to the Court of Queen's Bench, calling on them to show cause why such act should not be done (11 & 12 Vict. c. 44).

As to Summary Jurisdiction of Justices, see "Summary Jurisdiction Acts," EPITOME OF STATUTES, post; also pp. 214-219.

Larceny.

Larceny at common law is defined as 'the wrongful taking and carrying away of the personal goods of any one from his possession with a felonious intent to convert them to the use of the offender without the consent of the owner." Goods

which are not personal chattels at common law have been made the subject of larceny by statute. The laws relating to larceny were consolidated by the Larceny Act, 1861, 24 & 25 Vict. c. 96, which see EPITOME OF STATUTES, post.

Larceny is either simple or accompanied by circumstances of aggravation. The distinction between grand and petty larceny is now abolished.

The component parts of the offence of simple larceny are (1) the taking, (2) the carrying away or asportation, (3) the felonious intent.

(1.) The "taking" may be actual or constructive; actual where the taking is by force or stealth; constructive where possession is obtained by some trick or artifice, provided the right of property is not transferred from the owner, for if such right be transferred, the offence will not be larceny, but may be that of obtaining goods under false pretences. See title FALSE PRETENCES, p. 170.

(2.) With respect to the "carrying away," removal, however slight, will be sufficient asportation. Moving a parcel from one part to the other of a waggon; lifting plate out of a chest and placing it on the floor, &c.; drawing a pocket book out of a pocket above the top of the pocket, although it should then fall again into the pocket.

As to the "felonious intent," it may be laid down as a general rule that the taking and carrying away are felonies where the goods are taken against the will of the owner, either in his absence or in a clandestine manner, or where possession is obtained by force or surprise, or by a trick or fraudulent expedient, the owner not voluntarily parting with his entire interest in the goods, and where the taker intends to deprive the owner of his entire interest permanently, and not temporarily. Obtaining money by ring dropping, ringing the changes, &c. (a), is larceny, as is also the obtaining of money by means of a mock auction, on pretence that the party had bid for the goods (R. v. Magrath, 21 L. T. 543) (b); and (b) See p. 73.

(a) See p. 72.

« EelmineJätka »