c. 42. 37 & 38 Vict. making advances to members by way of mortgage on freehold, copyhold, or leasehold estate; any land falling to the society is to be converted into money (s. 13); the liability of members is limited to the amount actually paid or in arrear on the share, or payable under any mortgage or other security (s. 14). The borrowing of money by societies is regulated by s. 15. Registration (k). Disputes. Jurisdiction of Frauds. Persons intending to establish a society under this Act shall transmit to the registrar two copies of the rules agreed upon; and the registrar, if he finds that they contain the provisions required by s. 16 of the Act, shall return one copy with a certificate of incorporation and register the other. The society shall supply a printed copy of the rules, accompanied with a copy of the certificate, to any person on payment of a sum not exc. 18. The rules may be altered or rescinded (s. 18). Disputes as to accounts (s. 24),-non-compliance with the decision of arbitrators (ss. 34, 35),-and where the rules of the society direct them to be referred to the County Court or to justices (s. 35), are to be determined in the County Court of the district in which the chief office or place of meeting for the business of the society is situate (s. 4); they may be decided also by agreement of the parties, or where the rules so direct, by the registrar, whose award shall have the same effect as that of arbitrators (s. 34). The jurisdiction of justices is as follows: 31. If any person whosoever, by false representation or imposition, obtains possession of any moneys, securities, books, papers, or other effects of a society under this Act,—or, having the same in his possession (1), withholds or misapplies the same, or wilfully applies any part thereof to purposes other than those expressed or directed in the rules of the society and authorised by this Act, he shall be liable on summary conviction to a Penalty not exc. £20, with costs not exc. 208., and to be ordered to deliver up to the society all such moneys, securities, books, papers, or other effects to the society, and to repay the amount of money applied improperly,and in default of such delivery of effects, or repayment of such amount of money, or payment of such penalty and costs aforesaid, to be imprisoned, with or without hard labour, for any 66 (k) Evidence of registration and rules. Any certificate of incorporation or registration, or other document relating to a society under this Act, purporting to be signed by the registrar, shall, in the absence of any evidence to the contrary, be received without proof of signature; and a printed copy of the rules of a society, certified by the secretary or other officer of the society to be a true copy of its registered rules, shall, in the absence of any evidence to the contrary, be received as evidence of the rules" (s. 20). (1) An officer, his heirs and executors, of the society may also be proceeded against in the County Court (s. 24). e. 42. term not exc. 3 months (m); but nothing herein contained shall 37 & 38 Vict. prevent any such person from being proceeded against by way of indictment if a conviction has not been previously obtained against him for the same offence under the provisions of this Act. 43. If any society hereafter formed under this Act, or any Offences. persons representing themselves to be a society under this Act, commence business without first obtaining a certificate of incorporation under this Act, or if any society under this Act makes default in forwarding to the registrar any returns or information by this Act required (n),—or in inserting in any deposit book or acknowledgment or security for loan the matters required by s. 15 of this Act to be inserted therein (0),or makes a return wilfully false in any respect [Penalty not exc. £5 for each day business is carried on, or for each default or false return (p).] Burglary and Housebreaking. 24 & 25 VICT. c. 96, ss. 50-59 (q). 50. Whosoever shall break and enter any church, chapel, Sacrilege. meeting house, or other place of Divine worship, and commit any felony therein, or being in any church, chapel, meeting house, or other place of Divine worship, shall commit any felony therein and break out of the same, shall be guilty of Felony (r). 51. Whosoever shall enter (8) the dwelling house of another, Burglary by with intent to commit any felony therein, or being in such breaking out, (m) Procedure.-Within 6 months (Introd. p. 23); 1 justice (Introd. p. 27). Penalty enforced by Imprisonment as above, subject to Small Penalties Act (Introd. p. 32): Payable to county treasurer (Introd. p. 38). Appeal, none. (n) These are, a transcript of enrolled rules of subsisting societies, authenticated by a statutory declaration (s. 11); copies of the rules agreed upon for registration, signed by three members and the intended secretary or other officer (s. 17); a copy of the annual account and statement within 14 days after the annual or other general meeting at which it is presented (s. 40). (0) The matters required to be inserted in such acknowledgment, &c., are the whole of ss. 14 and 15 of this Act. (p) Procedure.-Within 6 months (Introd. p. 23), on complaint of the registrar; 2 justices (s. 43). Penalty enforced by Imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default Imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appeal, none. (7) The rest of this statute is set out under the title "LARCENY," post. For the provisions relating to accessories and abettors, arrest, search warrants, witnesses, venue, and jurisdiction of the Admiralty, see post, pp. 402-5. (r) Triable at Assizes. Bail Discretionary. Costs allowed. (s) An attempt to commit a burglary may be established on proof of a breaking with intent to rob the house, although there be no proof of actual entry of any portion of prisoner's person (R. v. Spanner, 12 Cox, C. C. 155). See also note (z), infra. c. 96. 24 & 25 Vict. dwelling house shall commit any felony therein, and shall in either case break out of the said dwelling house in the night (t), shall be deemed guilty of Burglary (u). Buildings within the curtilage. 52. [Punishment for Burglary.] 53. No building, although within the same curtilage with any dwelling house, and occupied therewith, shall be deemed to be part of such dwelling house for any of the purposes of this Act, unless there shall be a communication between such building and dwelling house, either immediate, or by means of a covered and inclosed passage leading from the one to the other. 54. Whosoever shall enter any dwelling house in the night (t) night with intent with intent to commit any felony therein shall be guilty of to commit felony. Felony (x). Entering a dwelling house in the Breaking into building within the curtilage. Breaking into shop, &c. Housebreaking, &c., with intent 55. Whosoever shall break and enter any building, and commit any felony therein, such building being within the curtilage of a dwelling house, and occupied therewith, but not being part thereof, according to the provision herein-before mentioned (y), or being in any such building shall commit any felony therein, and break out of the same shall be guilty of Felony (x). 56. Whosoever shall break and enter any dwelling house, schoolhouse, shop, warehouse, or counting-house, and commit any felony therein, or, being in any dwelling house shall commit any felony therein, and break out of the same shall be guilty of Felony (x). 57. Whosoever shall break and enter any dwelling house, to commit felony, church, chapel, meeting house, or other place of Divine worship, or any building within the curtilage, schoolhouse, shop (z), warehouse, or counting-house, with intent to commit any felony therein shall be guilty of Felony (x). (t) Between 9 P.M. and 6 A.M. (s. 1). (u) Triable at Assizes. Bail Discretionary. Costs allowed. (2) Where a prisoner was indicted under this section for breaking and entering a shop with intent to commit a felony, it was proved that he broke in the roof with intent to enter and steal, and was then disturbed, but there was no evidence that he ever entered the shop, it was held that he might be convicted of the misdemeanor of attempting to commit a felony (R. v. Bain, 31 L. J. M. C. 88; 1 L. & C., C. C. R. 129; 8 Jur. N. S. 418; 5 L. T. N. S. 647; 26 J. P. 84). An indictment charging that the prisoner feloniously broke and entered a certain dwelling-house with intent feloniously to steal therein, and not with actually stealing, cannot be sustained, the felony created by the statute being entering and stealing (R. v. Wenmouth, 8 Cox, C. C. 348). An opening of a door in a shop under the same roof where the prisoner lived as servant, for the purpose of committing a felony, is a breaking and entering, S. C. Breaking a pane of glass and inserting a knife with which a window fastener was pushed back, is a sufficient entry (R. v. Tucker, 1 Cox, C. C. 73). c. 96. Persons armed, 58. Whosoever shall be found by night (a) armed with any 24 & 25 Vict. dangerous or offensive weapon or instrument whatsoever, with intent (b) to break or enter into any dwelling house or other building whatsoever, and to commit any felony therein, or shall &c. be found by night (a) having in his possession without lawful excuse (the proof of which excuse shall lie on such person) any picklock, key, crow, jack, bit, or other implement of housebreaking (c)-or shall be found by night (a) having his face blackened or otherwise disguised with intent to commit any felony, or shall be found by night in any dwelling house or other building whatsoever with intent to commit any felony therein shall be guilty of a Misdemeanor (d). 59. [Punishment.] Burials (e). The Burial Acts, as defined by 34 & 35 Vict. c. 33, are 15 & 16 Vict. c. 85 (incorporating 10 & 11 Vict. c. 65, "CEMETERIES," post); 16 & 17 Vict. c. 134 (incorporating 15 & 16 Vict. c. 85 (e)); 17 & 18 Vict. c. 87; 18 & 19 Vict. c. 128; 20 & 21 Vict. c. 81; 22 Vict. c. 1; 23 & 24 Vict. c. 64; and 25 & 26 Vict. c. 100). Burials Registration, 27 & 28 Vict. c. 97; 6 & 7 Will. 4, c. 86, infra. Dead bodies cast on Shore, 48 Geo. 3, c. 75, infra. The general provisions of these Acts are not within the scope of this work; the penal clauses are— 15 & 16 Vict. c. 85, 8. 17: All such books (g) shall at all reason- Refusing inspec (a) Between 9 P.M. and 6 A.M. (s. 1.) (b) Proof of a general intent is insufficient; it is necessary that a person should be proved to have the intent of breaking into or entering some particular building (R. v. Jarrald, 32 L. J. M. C. 258; 9 Cox, C. C. 307; 8 L. T. N. S. 515; 1 L. & C., C. C. R. 301; 9 Jur. N. S. 629; 27 J. P. 628). (c) See also "VAGRANTS," post, p. 819. If several persons are found together by night, but only one have housebreaking implements upon him, all may be found guilty of the offence; the possession of one is the possession of all (R. v. Thompson, 11 Cox, C. C. 362; 21 L. T. N. S. 397; 33 J. P. 791). (d) Triable at Sessions. Bail Discretionary. Costs allowed (s. 121). (e) Metropolis.-The 15 & 16 Vict. c. 85, originally related only to the metropolis, and the 16 & 17 Vict. c. 134, and 17 & 18 Vict. c. 87, only to places beyond the metropolis; but the 18 & 19 Vict. c. 128, and 20 & 21 Vict. c. 81 (which are to be read as one with the previous Acts) and all the subsequent Acts relate to England generally, making no distinction between the metropolis and any other place. (f) This Act, as it relates to the city of London, is amended by 20 & 21 Vict. c. 35. (g) That is, those containing the minutes and accounts. tion of books (ƒ). c. 85. 15 & 16 Vict. able times be open to the examination of every member of such board, churchwarden, overseer, and ratepayer, without fee or reward, and they respectively may take copies of or extracts from such books, or any part thereof, without paying for the 18 & 19 Vict. c. 128. grounds (i). same [Penalty for refusing or not permitting, not exc. £5 (h).] 18 & 19 Vict. c. 128, s. 2: If any person, after the time mentioned in any order in council. . . . for the discontinuance Burying in closed of burials, shall knowingly and wilfully bury any body or in anywise act or assist in the burial of any body in any church, chapel, churchyard, burial ground, or place of burial, or (as the case may be) within the limits in which burials have by such orders been ordered to be discontinued, in violation of the provisions of any such order Obstructing inspector. [Penalty not exc. £10 (k).] 8. If any person having the care of any such burial ground or cemetery or other place shall obstruct any person so authorized to inspect the same,—or if any person having the care of any burial ground or place for the reception of bodies, subject Violating rules. to such regulations (1) aforesaid shall violate or neglect or fail to observe and comply with any such regulation, or any regulations imposed by this Act 20 & 21 Vict. c. 81. [Penalty not exc. £10 (k).] 20 & 21 Vict. c. 81, 8. 10: All persons having the care of such cemeteries and burial grounds and places who shall Violating rules of violate or wilfully neglect to observe any of such (m) regulationsPrivy Council. [Penalty not exc. £10 (k).] Destroying or falsifying register; or forging copy, &c. (n). 15. Every person who shall wilfully destroy or injure, or cause to be destroyed or injured, any register book of burials, kept according to the provisions of this Act, or any part or certified copy of any part of such register,-or shall falsely make or counterfeit, or cause to be falsely made or counterfeited, any part of any such register or certified copy thereof,-or shall wilfully insert or cause to be inserted in any registry book or certified copy thereof any false entry of any burial,-or shall wilfully give (h) Procedure. Within 6 months; 1 justice. Penalty enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appeal, none. (i) This offence may also be dealt with as a Misdemeanor (15 & 16 Vict. c. 85, s. 4; 16 & 17 Vict. c. 134, s. 3). Triable at Sessions. Bail Compulsory. No Costs. (k) Procedure.-As in note (h), supra, 2 justices. (That is, the rules made by the Secretary of State. (m) That is, those made by the Privy Council for protection of health and for decency in burial. (n) See also 24 & 25 Vict. c. 98, s. 36, "FORGERY," post. |