or after copyright has expired,—or shall without authority wil- 21 & 22 Vict. fully apply such marks, or knowingly sell or issue any article to which such marks have been wilfully and without authority applied Penalty £10 (x).] c. 70. Corn. 5 VICT. C. 14. Misappropriation by servants, 26 & 27 Vict. c. 103, infra. Firing or injuring corn, 24 & 25 Vict. c. 97, ss. 16 to 18, "MALICIOUS INJURIES (PROPERTY)," post. 66 Obstructing passage of corn, 24 & 25 Vict. c. 100, s. 39, 1-8. [Importation and duties.] 9-11. [Returns, and see 27 & 28 Vict. c. 87.] 12-20. [Appointment and duties of inspectors.] 5 Vict. c. 14. 21. Any person who shall wilfully and maliciously remove, Defacing notice deface, obliterate, or injure any such board (i.e. the board set up by the Excise notifying the place where returns are to be delivered) or the writing thereon, or any part thereof— [Penalty not exc. £5 (y).] 22-38. [Inspectors; declaration (z); returns (a).] boards. 39. If any person who is hereby required to make and deliver Not making the declaration (z) or declarations herein-before particularly men- declaration, tioned and set forth (see ss. 17 and 23 as amended by 27 & 28 Vict. c. 87), or either of them, shall not make and deliver such declara (z) Recoverable by action. See also 6 & 7 Vict. c. 65, s. 4, supra. (4) Procedure (s. 40).-Within 6 months; 2 justices. 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 (s. 40): Payable to informer. Witnesses summoned and refusing to attend or give evidence after a tender of reasonable expences, penalty not exc. £10 (s. 41). Appeal, none. (2) The declaration is to be made by dealers in London and within 5 miles of the Royal Exchange,--and in all towns named in the schedule, and the owners of stage carriages, carts, and other carriages, and every other purchaser of corn in such towns (s. 23),-that the returns sent shall contain the true quantities, prices, buyers, and suppliers of the corn (s. 17). (a) Every person required to make the declaration (z) (in London) is to send in a return on each Wednesday, containing the quantities of each sort of corn sold by him for the week, including the Tuesday, the prices and amount of each parcel, with the quantity and value of each sort of corn, by what measure sold, the names of the buyers and for whom sold (s. 18); a similar return of the corn bought during the preceding week is to be sent in elsewhere on the first market day of each week (s. 25). See also 27 & 28 Vict. c. 87, s. 1. 5 Vict. c. 14. tion or declarations at the time and in the form and manner and to the person or persons herein-before directed or returns. False returns. Taking corn, &c., without authority. [Penalty not exc. £20 for each month of neglect (5).] If any person who is herein-before required to make any return (s. 24) (c) to the inspector of corn returns for the city of London, or the city of Oxford, or the town of Cambridge, or to any officer of Excise acting as inspector as aforesaid, or to any such continuing inspector as aforesaid, shall not make such returns [Penalty not exc. £20 (b).] 40-41. [Procedure, see note (y), p. 169.] 42. If any person shall make any false and fraudulent statement in any such return as he is herein-before directed and required to make, or shall falsely and wilfully include, or procure or cause to be included, in any such return, any British corn which was not truly and bona fide sold or brought to, by, or on behalf of the person or persons in any such return mentioned in that behalf, in the quantity and for the price therein stated and set forth, every such offender shall be and be deemed guilty of a Misdemeanor (d). 26 & 27 VICT. c. 103.-Misappropriation by Servants. 1. If any servant shall, contrary to the orders of his master, take from his possession any corn, pulse, roots, or other food, for the purpose of giving the same or of having the same given to any horse or other animal belonging to or in the possession of his master [Penalty not exc. £5 (e),—or imprisonment not exc. 3 months, with or without hard labour, or to be discharged if the case is trivial. On a trial for larceny the jury may convict, and the prisoner be punished, under this Act. This offence is not to be deemed a felony.] (b) Procedure.-See note (), ante, p. 169. (c) See note (u), ante, p. 169. (d) Triable at Sessions. Bail Compulsory. No Costs. (e) Procedure.-Within 6 months; 2 justices (ss. 1, 4). Penalty enforced by imprisonment not exc. 3 months, with or without hard labour (s. 1), subject to Small Penalties Act (Introd. p. 32): Payable to county treasurer. Appeal to sessions held not less than 12 days after conviction on giving written notice to the informant within 3 days after conviction and 7 clear days before the sessions, and entering into a recognizance with 2 sureties, or depositing the penalty and costs and costs of appeal; if in prison he shall be liberated (s. 2). No certiorari (s. 3). Criminal Justice Act. 18 & 19 VICT. c. 126 (amended by 31 & 32 VICT. c. 116). For persons under 16 years old, see "JUVENILE OFFENDERS," post. 58.; larceny. 1. Where any person is charged before any justices of the Larceny under peace assembled at such petty sessions as herein-after provided with having committed simple larceny (ƒ), and the value of the whole of the property alleged to have been stolen does not, in the judgment of such justices, exceed 58.,-or with having attempted attempted to commit larceny from the person, or simple larceny, -it shall be lawful for such justices to hear and determine the charge in a summary way, and if the person charged shall confess the same, or if such justices, after hearing the whole case for the prosecution and for the defence, shall find the charge to be proved, then it shall be lawful for such justices to convict (g) the person charged [Imprisonment not exc. 3 calendar months, with or without hard labour; or if they find the offence not proved they shall dismiss the charge, and give a certificate (g) of dismissal. If the person charged do not consent to be so tried,—or if the offence is one which, owing to a previous conviction, is punishable with penal servitude,—or if they think fit-the justices may deal with the case as if this Act had not passed. Or if they think it inexpedient to inflict punishment, they may dismiss the person charged without convicting (h).] (f) Embezzlement.-By 31 & 32 Vict. c. 116, s. 2, all the provisions of this Act shall extend to "embezzlement by clerks or servants, or persons employed for the purpose or in the capacity of clerks or servants, and the said Act shall henceforth be read as if the offence of embezzlement had been included therein." There is some doubt as to whether embezzlement of a sum not exc. 58. can be dealt with under s. 1 without a plea of guilty; but it would seem, from the latter part of the clause quoted, that the word " embezzlement" is to be inserted in the list of offences in s. 1 as well as in s. 3. (g) This is a bar to any further proceeding (s. 12). (h) Procedure, &c.-The 11 & 12 Vict. c. 43, shall not apply to this Act (s. 10), and this Act shall not affect the 10 & 11 Vict. c. 82 (s. 17, "JUVENILE OFFENDERS"). Counsel or attorney may be employed for the defence (s. 4). Remands are authorized as under 11 & 12 Vict. c. 42 (s. 5, see Introd. p. 15). Forfeited recognizances may be estreated (s. 6, see Introd. p. 18, note (b)). Convictions, or a duplicate certificate of dismissal, with the depositions, &c., shall be returned for record, a certified copy to be evidence (s. 7); no conviction, &c., shall be quashed for want of form (s. 13). Court: the petty sessions shall be one holden for a petty sessional division and shall be an open court, notice of the day and hours for holding the same shall be posted outside (s. 9); the town-hall, courthouse, or other building belonging to the county, borough, or place may be used (s. 15); one stipendiary or metropolitan police magistrate may act alone (s. 16). Costs and expences may be allowed on certificate; and the clerks' fees, expences of apprehension and detention, and other expences as on a committal for trial, may be added to the certificate (s. 14, see Introd. pp. 11, 19). The justices may order restitution of the stolen property in the same cases as the court might before whom the case would otherwise have been tried (s. 8). 18 & 19 Vict. c. 126. Mode of proceeding Larceny above 58. -by servants-or from person. 2. [If the justices propose to dispose of the case summarily, one of them, after the prosecution is completed (i), and before calling for the statement, shall state to the person the charge, and say: "Do you consent that the charge against you shall be tried by us, or do you desire that it shall be sent for trial by a jury at the sessions (or assizes);" and if he consent, the justices shall reduce the charge into writing, and read it to him, and shall then ask him whether he is guilty or not; and if he shall say "Guilty," the justices shall pass sentence; but if he shall say, "Not guilty," they shall hear his defence, and then dispose of the case summarily.] 3. Where any person is charged before any justices at such petty sessions as aforesaid with (k) simple larceny (the property alleged to have been stolen exceeding in value 58.),—or stealing from the person, or larceny as a clerk or servant, and the evidence, when the case on the part of the prosecution has been completed, is in the opinion of such justices sufficient to put the person charged on his trial for the offence with which he is charged, such justices, if the case appear to them to be one which may properly be disposed of in a summary way, and may be adequately punished by virtue of the powers of this Act, shall reduce the charge into writing, and shall read it to the said person, and shall then ask him whether he is guilty or not of the charge; and if such person shall say that he is guilty, such justices shall thereupon cause a plea of guilty to be entered upon the proceedings, and shall convict him of such offence [Imprisonment not exc. 6 calendar months, with or without hard labour; the said justices, before they ask such person whether he is guilty or not, shall explain that he is not obliged to plead or answer before them at all, but that if he do not plead or answer before them he will be committed for trial in the usual course (.] Penalty. Cruelty to Animals. 12 & 13 VICT. c. 92 (amended by 17 & 18 VICT. c. 60). 1. [Repeal of 5 & 6 Will. 4, c. 59; 7 Will. 4 & 1 Vict. c. 66. 2. If any person shall from and after the passing of this Act cruelly beat, ill-treat, over-drive, abuse, or torture, or cause (i) Cases under this Act should be taken in the same way as other indictable cases up to this point. See Introd. (k) Embezzlement.-See note (ƒ), supra. Procedure, &c.-See notes (g) and (h), supra. or precure to be cruelly beaten, ill-treated, over-driven, abused, 12 & 13 Vict. or tortured, any animal (m)— [Penalty not exc. £5 (n); or imprisonment (6).] c. 92. 3. Every person who shall keep or use or act in the manage- Bull-baiting, dogment of any place (p) for the purpose of fighting or baiting fighting, &c. any bull, bear, badger, dog, cock, or other kind of animal, whether of domestic or wild nature, or shall permit or suffer any place to be so used [Penalty not exc. £5 a day (n); or imprisonment (); every person receiving money for admission shall be deemed the keeper.] Every person who shall in any manner encourage (p), aid, or assist at the fighting or baiting of any bull, bear, badger, dog, cock, or other animal as aforesaid [Pen ilty not exc. £5 (n); or imprisonment ().] mals, &c. 4. [If any person shall, by (q) cruelly beating, ill-treating, Damage to aniover-driving, abusing, or torturing any animal (m), cause any damage or injury to any animal, person, or property, the justice (m) Definition of Animals.-Horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, goat, dog, cat, or any other domestic animal (s. 29), including any domestic animal, whether a quadruped or not (17 & 18 Vict. c. 60, s. 3). A cock is within the Act (Bridge v. Parsons, 32 L. J. M. C. 95; 9 Jur. N. S. 796). (n) Procedure.-Within 1 month without a written information; 1 justice (s. 14). Summons (s. 14) or warrant (s. 16) may issue. Proprietors of public carriages or other vehicles may be summoned to produce the driver or conductor; they neglect, penalty not exc. 40s.; or the penalty, &c., may be recovered from them, and they may proceed summarily against their servant for repayment (s. 22). Penalties and compensation are enforced by imprisonment, subject to Small Penalties Act (Introd. p. 32), not exc. 2 months, with or without hard labour (s. 18); when a person is arrested having charge of any vehicle or animal, the same may be detained and sold for the penalty and expences (s. 19): Payable, half to overseers for the poor, the rest to the informer or such person as the justice thinks fit (s. 21). Witnesses may be summoned, or if they refuse to attend after tender of expences may be brought up by warrant; if they then refuse to give evidence, imprisonment not exc. 21 days, unless they sooner submit (s. 17). Appeal, where the sum to be paid exceeds £2 (exclusive of costs, R. v. JJ. Warwickshire, 25 L. J. M. C. 119; 6 E. & B. 837; 2 Jur. N. S. 930; 27 L. T. 235; 20 J. P. 693), or where imprisonment only is adjudged, to sessions held not less than 14 days after conviction, on giving written notice to the complainant within 3 days after conviction and 7 days at least before the sessions and entering into a recognizance with 2 sureties; appellant shall be liberated if in custody (s. 25). (6) Imprisonment.-If the case is heard before 2 justices, imprisonment not exc. 3 months, with or without hard labour, may be adjudged instead of a penalty for any offence against this Act (s. 18). (p) This offence must be committed in a place usually kept for the purpose of such fighting, &c. (Clarke v. Hague, 29 L. J. M. C. 105; 6 Jur. N. S. 273; 2 L. T. N. S. 85; 24 J. P. 517; Morley v. Greenhalgh, 32 L. J. M. C. 93; 3 B. & S. 374; 9 Jur. N. S. 745; 7 L. T. N. S. 624; 27 J. P. 197). Under the similar section in "POLICE (METROPOLITAN)" and "POLICE (TOWNs)," persons found in the place are liable to a penalty of 5s. 66 (9) See also 24 & 25 Vict. c. 97, s. 41, " MALICIOUS INJURIES (PROPERTY),” post. |