c. 74. spector, shall prove to the satisfaction of such justices that the 35 & 36 Vict. article alleged to be adulterated was delivered to the analysts in the same condition as regards its purity or impurity as it was when received from the seller.] 9. [Any purchaser of any article of food or drink or drugs in Analysis at purany district where an analyst is appointed may, on payment to chaser's desire. the inspector appointed under this Act of not less than 28. 6d. nor more than 108. 6d., to be accounted for to the local authority, have such article analyzed (1), and receive from such analyst a certificate specifying whether in his opinion such article is adul- Certificate. terated, and also whether, if it be an article of food or drink, it is so adulterated as to be injurious to health, and such certificate signed by such analyst shall, in the absence of evidence to the contrary, be sufficient evidence of the matters therein certified, and the sum so paid shall be deemed part of the costs.] articles to be 10. [All articles of food, drink, or drugs to be analyzed shall Samples of be received by the inspectors, and from all such articles samples retained. shall be taken and sealed in the presence of the analysts by the inspectors, to be retained by them and produced in case the justices shall order (m) other analyses to be made.] Adulteration of Seeds. 32 & 33 VICT. c. 112. 1. "The Adulteration of Seeds Act, 1869."] 2. In the Act-the term "to kill seeds" means to destroy Definitions, by artificial means the vitality or germinating power of such seeds: the term "to dye seeds" means to give to seeds by any process of colouring, dyeing, sulphur smoking, or other artificial means the appearance of seeds of another kind. 3. Every person who, with intent to defraud or to enable Offences. another person to defraud (n) . . . (1.) Kills or causes to be killed any seeds; or, (2.) Dyes or causes to be dyed any seeds; or, (3.) Sells or causes to be sold any killed or dyed sceds [Penalty (6) not exc. £5;-2nd or subsequent offence, not exc. £50, and in (1) See note (k), ante, page 48. (m) Under 23 & 24 Vict. c. 84, s. 5, the justices may order an analysis of any article of food or drink to be made by such skilled person as they may appoint, who may be required to give evidence; the expense may be deemed part of the expenses of the Act, or may be ordered by the justice to be paid by the party complaining or complained against. lar () It is not necessary to prove an intent to defraud, or to enable a particuperson to defraud, any particular person (s. 5). (6) Procedure, for offence No. 3, within 21 days (s. 7); for other matters E 32 & 33 Viet, c. 112. Definitions. addition the court may order the offender's name, occupation, abode, and place of business, and particulars of his punishment to be published at his expense in such newspapers, or in such other manner, as the court may think fit.] Affray. Affray signifies a skirmish or fighting between two or more, and there must be a stroke given or offered, or a weapon drawn, otherwise it is not an affray. An affray is a public offence to the terror of the king's subjects; and so called because it affrighteth and maketh men afraid (3 Inst. 158). From this last definition it seems clearly to follow that there may be an assault which will not amount to an affray, as where it happens in a private place, out of the hearing or seeing of any except the parties concerned, in which case it cannot be said to be to the terror of the people. Also it is said that no quarrelsome or threatening words whatsoever shall amount to an affray, and that no one can justify laying his hands on those who shall barely quarrel with angry words without coming to blows; yet it seemeth that the constable may, at the request of the party threatened, carry the person who threatens to beat him before a justice, in order to find sureties (Tomlin's Law Dictionary). There may be an affray without actual violence; as where persons arm themselves with dangerous and unusual weapons, to the terror of the people (1 Hawk. P. C. bk. 1, c. 28, 2, s. 4) (p). Agricultural Gangs. 30 & 31 VICT. c. 130. 1. [Short Title: "The Agricultural Gangs Act, 1867."] 3. In this Act . . . . "Child" shall mean a child under the age of 13 years: within 6 months; 2 justices, a metropolitan police magistrate, or the Lord Mayor or an alderman of the city of London (s. 4). Penalties enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default imprisonment not exc. 3 calendar months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Costs may be ordered for unreasonable prosecution; recoverable, if not paid within 14 days, as a penalty (s. 8). Appeal to sessions, held not less than 12 days after conviction, as under 24 & 25 Vict. c. 96, s. 110, "LARCENY," post; no certiorari (s. 6); other remedies not affected (s. 9). (p) Procedure.-Offenders may be bound over to keep the peace, or may be committed for trial at the sessions. Bail Compulsory. No Costs. Or an indictment may be preferred in the first instance. c. 130. "young person" shall mean a person of the age of 13 years and 30 & 31 Vict. under the age of 18 years: "woman" shall mean a female of the age of 18 years or upwards: "gangmaster" shall mean any person, whether male or female, who hires children, young persons, or women with a view to their being employed in agricultural labour on lands not in his own occupation; and, until the contrary is proved, any children, young persons, or women employed in agricultural labour on lands not in the occupation of the person who hired them shall be deemed to have been hired with the aforesaid view: “agricultural gang" shall mean a body of children, young persons, and women, or any of them, under the control of a gangmaster. 4. The following regulations shall be observed by every Regulations. gangmaster: . . . . (1.) No child under the age of 8 years (q) shall be employed in any agricultural gang: (2.) No females shall be employed in the same agricultural gang with males: (3.) No female shall be employed in any gang under any male gangmaster unless a female licensed to act as gangmaster is also present with that gang [Penalty on gangmaster and occupier of the land, unless he proves ignorance, not exc. 208. for each person wrongfully employed (r).] 5. No person shall act as a gangmaster unless he has Licences. obtained a licence to act as such under this Act [Penalty not exc. 208. a day (r).] 6. [No licence shall be granted to any person licensed to sell beer, or other excisable liquor.] 7. [Licences to gangmasters shall be granted by two or more By whom granted. justices in divisional petty sessions, on proof of good character and fitness. The justices shall annex to such licence a condition limiting, as they think fit, the distances within which children employed are to travel on foot to their work— Penalty on gangmaster violating such condition, not exc. 10s. (r). Any person aggrieved by the refusal of the justices to grant him a licence may appeal to the next practicable sessions; and such court may grant the licence.] 8. [Such licences shall be in force for 6 months only, and Renewal. may be renewed on similar proof.] (7) By 36 & 37 Vict. c. 67, s. 16, it is enacted that, from and after 1st January, 1875, the age of 10 years shall be substituted for that of 8 years. (r) Procedure.-Within 6 months; by imprisonment under Small Penalties Act, if not exc. £5, with costs; or by justices (s. 11). Penalties enforced distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appeal, none. 30 & 31 Vict. c. 130. Fee for licence. endorsed. Withholding licence. 9. There shall be charged for each grant or renewal of licence a fee of 18., to be accounted for and applied as fees ordinarily received by the authority granting the licence.] 10. [On conviction of a gangmaster of an offence against gangmaster to be this Act, the convicting justices shall endorse on his licence the fact of such conviction; on a 2nd conviction the justices may, in addition to any penalty, withhold the licence for not exc. 3 months; and, on a 3rd conviction, not exc. 2 years; and after a 4th conviction the gangmaster shall be disqualified from holding or receiving a licence.] Aliens. 6 & 7 WILL. 4, c. 11. The offences under this Act are shortly as follow: MASTERS OF VESSELS arriving from foreign parts not immediately declaring in writing to the chief officer of customs what aliens are on board or have landed,—or wilfully making a false declaration [Penalty £20, and £10 for each alien on board at the time of arrival (s. 2) (s); the vessel may be detained in default of payment. This section does not apply to foreign mariners navigating the vessel.] ALIENS on arrival not producing any passport in their possession, or not declaring the date and place of landing, their name and country, and country from whence they came [Penalty £2 (s. 3) ($).] OFFICERS OF CUSTOMS neglecting to make the entries, making false entries, not transmitting the declaration to the Secretary of State, refusing to give a certificate, and any persons taking any fee or reward under this Act [Penalty £20 (s. 8) (s).] ANY PERSON wilfully making or transmitting any false declaration, forging any certificate or declaration, or fraudulently obtaining a certificate [Either Penalty not exc. £100, or imprisonment for not exc. 3 calendar months (s. 9) (s).] ALIENS COMMITTING OFFENCES against our laws, since they are under the protection of those laws, are held liable. The Naturalization Acts are 33 & 34 Vict. cc. 14 and 102, and 35 & 36 Vict. c. 39. (s) Procedure.-Within 6 months; 2 justices. Penalties enforced if not exc. £20, by imprisonment not exc. 1 month (s. 15),-subject to Small Penalties Act;-if exc. £20, by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Convictions to be reported to the Secretary of State. Appeal, none; no certiorari (s. 15). Alkali Works. 26 & 27 VICT. o. 124 (made perpetual by 31 & 32 VICT. c. 36); amended by 37 & 38 VIOT. c. 43 (t). 1-12. [Preliminary: Conduct of works; Inspectors (u).] 13. The owner (v) of any alkali work (w) may, with the sanc- Bye-laws tion of the Board of Trade (x), make, alter, or repeal special rules for the guidance of such of his workmen as are employed in any process causing the evolution of muriatic acid gas, or whose duty it is to attend to the apparatus used in the condensation of that gas, and may annex penalties to any violation of such rules, so that no penalty exceeds £2 for any one offence (y). -A printed copy of the special rules in force in any alkali work shall be given by the owner of the work to every person working or employed in or about that work affected thereby. Not carrying on the works so as to secure condensation to the inspector's Penaities (t). satisfaction of not less than 95 per cent. of the muriatic gas evolved (s. 4); and so that in each cubic foot of the air, smoke, or chimney gases escaping there is not contained more than one-fifth of a grain of muriatic acid (37 & 38 Vict. c. 43, s. 4)-Penalty on owner or actual offender, not exc. £50; 2nd offence not exc. £100 (s. 5). Not using the best practicable means of preventing the discharge into the atmosphere of all other noxious gases (i. e. sulphuric acid; sulphurous acid, except that arising from combustion of coals; nitric acid, or other noxious oxides of nitrogen; sulphuretted hydrogen; and chlorine), and of rendering such gases harmless-Penalty on owner £20; 2nd offence, £50 and £2 a day; 3rd offence, £20 a day (37 & 38 Vict. c. 43, s. 5). Using unregistered works-Penalty not exc. £5 for each day (s. 6). Obstructing inspector, or any other offence for which no penalty is fixedPenalty not exc. £10 (s. 11). (f) These Acts may be cited as "The Alkali Acts, 1863, 1874;" the latter Act commences on 1 March, 1875. (u) INSPECTORS appointed by the Board of Trade (x) (s. 7, 8) are to enforce the provisions of the Act; they may enter and examine works at all times without notice and test the apparatus, but are not to interfere with or alter the process of manufactures (s. 9; 36 & 37 Vict. c. 43, s. 6). () That is, the lessee, occupier, or any other person carrying on any alkali work (s. 3). (C) ALKALI WORK means "every work for the manufacture of alkali, sulphate of soda, or sulphate of potash, in which muriatic acid gas is evolved" (s. 3). The formation of any sulphate in the treatment of copper ores by common salt or other chlorides shall be deemed a manufacture of sulphate of soda (37 & 38 Vict. c. 43, s. 3). (c) The powers of the Board of Trade under this Act are now transferred to the local government board (35 & 36 Vict. c. 79, s. 35). (4) Procedure.-Within 6 months; 2 justices. Penalties 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 H.M. Exch. (s. 18). Appeal, none. (2) Recoverable by the inspector in the county court where the works are situated (s. 14). |