c. 65. 10 & 11 Vict. building, wall, or fence belonging to the cemetery, or destroy or injure any tree or plant therein, or who shall daub or disfigure any wall thereof, or put up any bill therein or on any wall thereof, or wilfully destroy, injure, or deface any monument, tablet, inscription, or gravestone within the cemetery, or do any other wilful damage therein[Penalty not exc. £5, to company (ƒ).] Disturbance or nuisance. Accounts. Persons im properly stamp ing cables, &c. Selling such cables, &c. 59. Every person who shall play at any game or sport, or discharge fire-arms, save at a military funeral, in the cemetery, or who shall wilfully and unlawfully disturb any persons assembled in the cemetery for the purpose of burying any body therein, or who shall commit any nuisance within the cemetery-— [Penalty not exc. £5, to the company (ƒ).] 60. If the company omit to prepare or send such account as aforesaid [showing receipts and expenditure for the year ending 31st December or other convenient day, with the balance certified by the chairman duly audited, and a copy sent to the clerk of the peace within one month] [Penalty for every omission, £20 (ƒ).] Chain Cables and Anchors. Acts 1864 and 1871. 27 & 28 VICT. o. 27 (made perpetual by 34 & 35 VICT. o. 101, s. 11 (g)). 1-11. [Testing; licences. See also 34 & 35 Vict. 101.] 12. If any person shall stamp or assist in stamping any chain cable or anchor with the stamp of any tester, or with a stamp or mark purporting to be the stamp of any tester, without the authority of the tester whose stamp shall have been so used or counterfeited, or with any other stamp or mark, for the purpose or with the intention of passing such chain cable or anchor, or of allowing or assisting in the same being passed as a chain cable or anchor duly tested and stamped under the powers of this Act, -or if any person, knowing any such chain cable or anchor to have been so wrongfully marked or stamped as aforesaid, shall sell the same, or shall deliver the same to any person to be taken or used as part of the equipment of any vessel,-or (f) Procedure.—Within months (s. 62); 2 justices (8 & 9 Vict. c. 20, s. 145). Penalty enforced by imprisonment under Small Penalties Act, if not exc. £5 with costs (Introd. p. 32); or by distress (Id. s. 146), in default imprisonment not exc. months (s. 147): Payable not exc. half to informer, rest to poor rate (Id. s. 150). Appeal, as in "RAILWAYS," post. (9) This Act commenced on 1st January, 1873; and 27 & 28 Vict. c. 27, which expired on 1st July, 1872, was continued till 1st January, 1873, when it became perpetual with this Act (35 & 36 Vict. c. 30). c. 27. if any person shall write out and deliver to any person any 27 & 28 Vict. certificate or document purporting to be a certificate under this Act, that any chain cable or anchor has been tested and stamped under the provisions of this Act, knowing that the chain cable or anchor referred to in such certificate or document had not been so tested or stamped,-every person so offending shall be guilty of a Misdemeanor (h). 34 & 35 VICT. c. 101. 1-6. [Testing, &c., see 37 & 38 Vict. c. 51.] chain cables and 7. A maker of or dealer in chain cables or anchors shall not Sale of unproved sell, consign, or contract to sell or consign, nor shall any person anchors propurchase or contract to purchase any chain cable whatever, or h bited (i). any anchor exceeding in weight 168 lbs., which has not been previously tested and duly stamped in accordance with the provisions of the principal Act and this Act, unless the same is sold, contracted for, consigned, and purchased as and for old iron[Penalty not exc. £50 (k); chain cables and anchors tested and stamped before 1st January, 1873 (35 & 36 Vict. c. 30), may, if accompanied by a certificate, continue to be sold until 1st July, 1874.] unlicensed testing machines. 8,9. [Repeal of 27 & 28 Vict. c. 27, ss. 1 and 2 (in part), 11, 15.] 10. If any person uses or suffers to be used as a duly licensed Penalty for using testing machine any testing machine for which no license is for the time being in force, or if any person writes out, signs, or delivers or sends to any person any document purporting to be a certificate that any chain cable or anchor has been tested or stamped under the provisions of this Act, when such chain cable or anchor has not been so tested or stamped. . . . Penalty not exc. £100 (h). Challenge. Sending, or conveying, or endeavouring to provoke another to send (R. v. Phillips, 6 East, 464), a challenge to fight, whether by words or letter, is an indictable Misdemeanor (1); but mere (h) Triable at Sessions. Bail Compulsory. No Costs. (i) Selling or contracting to sell any anchor or chain cable exceeding 168 lbs. weight, not tested, is a Misdemeanor (h) (37 & 38 Vict. c. 51, s. 3). The sale shall imply a warranty of testing (Id. s. 4). Cables of unseaworthy ships may be examined (Id. s. 5). (k) Procedure. Within 6 months; 2 justices (s. 7). 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. (1) Triable at Sessions. Bail Compulsory. No Costs. Or, if an information be laid before a justice of a challenge given, he may issue a warrant and call upon the person to find sureties to keep the peace. If the challenge is sent Cruelty. Nurse houses to be registered. words which do not directly tend to provoke a breach of the peace, as calling a man a liar or knave, are not criminal (4 Inst. 181). Children and Infants. Child stealing, see 24 & 25 Vict. c. 100, s. 56, "MALICIOUS INJURIES (PERSONS)," post; carnally defiling children, Id. ss. 50-52; neglect and abandonment of children, Id. s. 27. See also" AGRICULTURAL GANGS;" "FACTORIES." Cruelty to children of tender years under one's control, as by not providing food (k), &c., or deserting in the street, &c., whereby injury to health is occasioned (1), is a Misdemeanor (m). 35 & 36 VICT. c. 38. 1. [The Summary Jurisdiction Acts, definition.] 2. It shall not be lawful for any person to retain or receive for hire or reward in that behalf more than one infant, and in case of twins more than two infants, under the age of 1 year for the purpose of nursing or maintaining such infants apart from their parents for a longer period than 24 hours, except in a *Punishment house which has been registered as herein provided.* 8. 9. Register. 3. The local authority (n) shall cause a register to be kept in which shall be entered the name of every person applying to register any house for the purposes of this Act, and the situation of every such house, and the local authority shall from time to time make bye-laws for fixing the number of infants who may be received into each house so registered; the registration shall remain in force for 1 year: no fee shall be charged for registration. Every person who receives or retains any infant in contravention of . this Act shall be guilty of an offence * Punishment— against this Act.* 8. 9. by post, it may be dealt with at the place where it was posted (R. v. Williams, 2 Camp. 506). (k) It is not necessary to aver in the indictment that the parent was of sufficient ability to perform the duty imposed upon him (R. v. Ryland, 10 Cox, C. C. 569; L. R. 1 C. C. R. 99; 37 L. J. M. Č. 10; 17 L. T. N. S. 219; 31 J. P. 790; R. v. Rugg, 12 Cox, C. C. 16; 24 L. T. N. S. 192; 35 J. P. 533). (1) To create this offence at common law the abandonment must cause an injury to the health of the child (R. v. Philpot, 1 Dears., C. C. R. 179; 22 L. J. M. C. 113; 21 L. T. 79; 17 J. P. 280; 17 Jur. 399). An infant 2 years old has been held not capable of appreciating correction. Therefore more violent punishment than a slight slap by the mother is not justifiable (per Martin, B., R. v. Griffin, 11 Cox, C. C. 402). (m) Triable at Sessions. Bail Compulsory. No Costs. See also "VAGRANTS," post. (n) "Local authority" means in counties, except the metropolis and city of London, justices in petty sessions; for the metropolis, the Metropolitan Board of Works; for the city of London and the liberties thereof, the common council; and for boroughs, the council (1st sched.). c. 38. 4. [The local authority may refuse to register any house, 35 & 36 Vict. unless they are satisfied that it is suitable for the purposes, and by the production of certificates (o) that the person applying is Local authority of good character and able to maintain such infants.] may refuse to register. are registered to produce it when 5. The person registered as aforesaid shall immediately enter Persons whose in a register to be kept by him the name, sex, and age of each names and houses infant under his care, and the date at which and the names and keep a register of addresses of the persons from whom they were received, and infants, and to shall also enter in the said register the time when and the lawfully required. names and addresses of the person by whom every such infant received and retained as aforesaid shall be removed immediately after the removal of such infant, and shall produce the said register when required to do so by the local authority [Penalty on person refusing to produce register, or neglecting to enter in a register the name, &c., of each infant, and otherwise not acting in obedience to this section, not exc. £5 (p).—The person registered is to receive gratuitously from the local authority a book of forms, in the form given in the 2nd schedule.] falsifying register 6. If any person shall make false representations with a view Forgery of to being registered under this Act, or shall forge any certificate certificate and for the purpose of this Act, or make use of any forged certificate, knowing it to be forged, or shall falsify any register kept in pursuance of this Act, he shall be guilty of an offence against this Act. 7. [Local authority may strike name and house off register for neglect, and other causes.] * Punishment 8. 9. death of an infant. 8. [The person registered shall within 24 hours after death Notice to be given of an infant cause notice thereof to be given to the coroner for to coroner of the district, and an inquest shall be held unless a certificate of a registered medical practitioner shall satisfy him that there is no ground for holding an inquest*.] * Punishment8. 9. offences. 9. Every person guilty of an offence under this Act shall be Punishment for liable to imprisonment for not more than 6 months, with or without hard labour, or to a penalty not exc. £5.... (p), and shall in addition be liable to have his name and house struck off the register. 10-12. [Procedure.] (6) The original bill required certificates of the character of the person applying, and of such person's ability to maintain the children with proper food, signed by a justice, clergyman, minister, or registered medical practitioner. It is presumed that the certificates now required should be similar. (P) Procedure (s. 11, under 11 & 12 Vict. c. 43).-Within 6 months (Introd. p. 23); 2 justices (s. 11). Penalty enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs (Introd. p. 32); or by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable to the local rate (s. 12). Exemptions, &c., may be proved by the defendant, but need not be specified or negatived in the information (s. 11). Appeal, none. 35 & 36 Vict. c. 38. Exceptions. 3 & 4 Vict. c. 85. Persons under 21 years old. Apprentices. Construction of chimney. 13. [This Act shall not extend to the relatives or guardians of any infant retained or received as aforesaid, nor to institutions for care of infants, nor to any person nursing or maintaining infants under any Poor Act.] Chimney Sweepers. 3 & 4 VICT. c. 85; 27 & 28 VICT. c. 37 (q). 1. [Continuing the expiring Act until 1 July, 1842.] 2. Any person who shall compel or knowingly allow any child or young person under the age (r) of 21 years to ascend or descend a chimney, or enter a flue, for the purpose of sweeping, cleaning, or coring the same, or for extinguishing fire therein [Penalty not exc. £10; or Imprisonment (s) with or without hard labour not exc. 6 months (t).] 3. [No child under 16 years of age shall be apprenticed to a chimney sweeper; such indentures void.] 4. [Justices may discharge apprentices bound before 1 July, 1842.] 5. [Indentures of children under 16 years old on 1 July, 1842, void.] 6. [All withs and partitions between any chimney or flue shall hereafter be built of brick or stone, equal at least to half a brick in thickness; breastbacks and withs or partitions shall be built of sound materials, the joints well filled in with mortar or cement, and rendered or stuccoed within; chimneys or flues in walls, or of greater length than 4 feet out of a wall, not being a circular chimney or flue 12 inches in diameter, shall be in every section not less than 14 inches by 9; no chimney or flue shall be constructed at an angle less obtuse than 120 degrees; every salient or projecting angle shall be rounded off 4 inches at least: but chimneys or flues may be built at angles with each other of 90 degrees or more, if they have proper doors or openings not less than 6 inches square Penalty not less than £10, nor exc. £50 (t).] (4) To be read as one Act. (r) The proof of age lies on the defendant (27 & 28 Vict. c. 37, s. 10). (t) Procedure.-Within 6 months (Introd. p. 23); 2 justices (s. 7). Penalties enforced by imprisonment, under Small Penalties Act, if not exc. £5, with costs (Introd. p. 32); or by distress, in default imprisonment not exc. 2 months (s. 8): Payable, half to the informer, and half to the overseers of the parish where the offender dwells for the poor rate (s. 7). Witnesses are not incompetent by paying to such rate (s. 9). Appeal, to sessions held not less than 12 days after conviction. Appellant to give complainant written notice within days after conviction, and 7 days before sessions, and to enter into recognizance with 2 sureties: he shall then be liberated (s. 11). No certiorari (s. 12) |