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28 L. J. M. C. 250. It is not an assault for a parent to inflict moderate chastisement on his child, or a schoolmaster on his scholar.

An assault may be justified by showing it was done in selfdefence. Mere words do not amount to an assault. Insulting or abusive language, however gross, does not justify

blows.

As to parties assaulting each other in a prize fight, see R. v. Coney, 46 J. P. 388; also title "Prize Fight" (GENERAL SUBJECTS), post.

As to assault upon person obstructing a fox hunt, see Paul v. Summerhayes, L. R. 4 Q. B. D. 9; and 43 J. P. 188.

As to liability of chairman of public meeting for assault by ordering disorderly persons to be removed, see Lucas v. Mason, 39 J. P. 663.

As to power of arrest by constables in cases of assault and breach of the peace, see p. 3, ante.

Bail.

Admitting to bail consists in the delivery of a person to his sureties on their giving security for his appearance at the time and place of trial. Bail may be allowed by a judge or magistrate (in certain cases) or (in certain cases) by a police officer. To refuse or delay to bail any person bailable is an offence against the liberty of the subject.

When allowed.-Bail cannot be allowed in cases of treason. It is optional with a magistrate to accept bail in other felonies, or any of the following misdemeanors :-obtaining, &c., property by false pretences; receiving stolen property, &c.; perjury; concealment of birth; indecent exposure; riot; assaults on police officers; or any misdemeanor the costs of which may be allowed out of the county rate. In other misdemeanors it is imperative on the magistrates to admit to bail. Coroners are authorized to admit to bail

persons charged with manslaughter. See title CORONERS, post.

Three elements are to be taken into consideration in determining bail, the gravity of the crime, the weight of the evidence, and the severity of the punishment with regard to the probability of the defendant's appearance at the trial.

The amount of bail is discretionary with the magistrate; it is, however, illegal to require excessive bail.

SURETIES.-A householder of sufficient property may be bail. An infant, a married woman, or a person convicted of an infamous crime cannot be bail. The usual number of bail is two. The sureties need not act as such for a longer time than they wish, but may surrender the accused if they fear that he or she is about to abscond, &c., or may apply to the magistrate for a warrant, although in urgent cases a police officer may arrest without a warrant.

BAIL BY POLICE OFFICERS.-Inspectors or other officers in charge of police stations may admit to bail under certain circumstances persons in custody for petty misdemeanors and trifling offences. The special provisions applicable to such cases will be found in section 38 of the Summary Jurisdiction Act, 1879. See EPITOME OF STATUTES, post.

Bailees. See title LARCENY, post.

Bakehouses.

41 Vict. c. 16, s. 34, contains provisions relating to the cleanliness, ventilation, and sanitary condition of bakehouses in places containing 5,000 inhabitants. 46 & 47 Vict. c. 58, s. 15, contains further provisions applicable to bakehouses. No closet, drain pipe, or cistern to be within bakehouses occupied subsequent to June 1st, 1883. Inspectors appointed

by the local authority shall have all powers of entry, inspection, &c., as inspectors under the Factory and Workshops Act, 1878. See title FACTORY AND WORKSHOPS, post.

Bankrupts under the Bankruptcy Act, 1883.

On a bankruptcy petition being presented to the court by any one or more creditors for not less than 50l. (or by himself), a receiving order may be made against a debtor which may ultimately result in bankruptcy. Such petition is granted on one or more "acts of bankruptcy," which generally show that the debtor is insolvent or intends to defraud his creditors, as suspending payment, departing from England to avoid creditors, &c.

Such debtor commits a criminal offence, and is termed a "fraudulent debtor" if, with intent to defraud his creditors, he commits certain acts indictable as misdemeanors, and enumerated in sections 11 and 12 of the Debtors Act, 1869, and section 31 of the Bankruptcy Act, 1883.

The chief offences are:

Neglecting to make full discovery of his estate to the administrating trustee, or to deliver up property, books, papers, &c.; making any material omissions in a statement relating to his affairs; failing to inform trustee of a false debt; destroying or falsifying papers or documents relating to his affairs; attempting to account for any property by fictitious losses; concealing or removing property to the value of 101. within four months before the presentation of the petition; obtaining property on credit by false representations; pawning or disposing of property obtained on credit otherwise than in the ordinary way of trade; or making false representations in order to obtain consent of creditors to an agreement; or, by section 81 of the Bankruptcy Act

of 1883, an undischarged bankrupt obtaining credit to the extent of 201. or upwards from any person without informing such person that he is an undischarged bankrupt.

The following misdemeanors may be committed by any person:

Incurring a debt to obtain credit under false pretences; with intent to defraud creditors making any gift or transfer of property or any charge on it, or transfering or otherwise disposing of property, or concealing or removing any part thereof within two months before or after any unsatisfied judgment or order (section 13, Debtors Act). A creditor fraudulently making a false claim commits a misdemeanor.

Absconding, &c.-Any one against whom a receiving order has been made who after presentation of the petition, or four months before it, fraudulently absconds or attempts to abscond from England with any of his property to the value of 201. commits a felony. Punishment, two years' imprisonment (section 12 of Debtors Act, 1869).

PROSECUTIONS.-The court exercising jurisdiction in bankruptcy on receiving the opinion of a trustee that the debtor has been guilty of an offence under the Debtors Act, 1869, or the Bankruptcy Act, 1883, or on the representation of a creditor or member of the committee of inspection that there is reasonable ground to believe him so guilty, shall, if there is reasonable probability of the debtor being convicted, order the trustee to prosecute.

ARREST OF DEBTOR.-The court may cause a debtor to be arrested and his books, papers, money, and goods to be seized, if, after service of notice or presentation of a petition, it appears that there is probable reason for believing that he is about to abscond; or if, after presentation of a petition,

he is about to remove his goods to prevent possession being taken of them, or has concealed, or is about to conceal or destroy any of his goods, books, documents, or writings; or if, after service of a petition on him, or after a receiving order made against him, he removes goods above the value of 51. without the leave of the official receiver or trustee, or without good cause shown fails to attend any examination ordered by the court (section 25, Act of 1883).

Making false declarations under the Bankruptcy Act is punishable under 32 & 33 Vict. c. 62, s. 14.

Bastardy.

The police are required to serve bastardy summonses and execute warrants.

The mother of a child not born in wedlock should apply for an affiliation order within twelve months after the birth of the child.

The justices can order the putative father to pay a sum not exceeding 5s. a week until the child is thirteen years of age, or sixteen, if so ordered.

If the payments are not regularly made, a warrant may be issued, and the amount due and costs recovered by distress; and in default of sufficient distress, any two justices may commit the father for not exceeding three calendar months (35 & 36 Vict. c. 65, s. 4).

As to liability of soldier to maintain bastard child, see p. 79.

Bawdy House. See title DISORDERLY HOUSE, post.

Bestiality. See title SODOMY, post.

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