34 & 35 Vict. c. 108. Offences by Paupers, &c. Detention of casual paupers (n). Discipline of (1.) If he has not previously discharged himself within 1 month before giving the notice, 24 hours:-(2.) If he has discharged himself once or oftener within such month, 48 hours :-(3.) If he has discharged himself more than twice within 2 months before giving the notice, 72 hours :-The guardians may alter or rescind such direction, and exempt any pauper: and the master may, if the board be not sitting or the visiting committee be not in attendance, discharge any pauper before such period, if circumstances require it, and shall report the facts to the board. This section shall not apply to casual paupers.] 5. [A casual pauper shall not be entitled to discharge himself before 11 A.M. on the day following his admission, nor before he has performed the work prescribed for him; nor, where he has been admitted more than twice during 1 month into any casual ward of the same union, before 9 A.M. of the 3rd day after admission; he may during that interval be removed by any officer of the guardians, or by a police constable, to the workhouse of the union for the period of detention.-In the metropolis every casual ward shall be deemed a casual ward of the same union: and "workhouse of the union" shall include any workhouse and asylum under the Metropolitan Poor Act, 1867, to which the casual poor of the union can be sent.] 6. [Casual paupers shall, subject to this Act, be admitted, casual paupers. dieted, set to work and discharged, and be subject to such regulations as the Poor Law Board shall prescribe; and the work shall supersede any task prescribed under 5 & 6 Vict. c. 57, s. 5.] Paupers absconding; 7. Any pauper who—(1.) Absconds or escapes from or leaves any casual ward before he is entitled to discharge himself therefrom; or (2.) Refuses to be removed to any workhouse or asylum under the provisions of this Act;-or (3.) Absconds or escapes from or leaves any workhouse or asylum during the refusing to work; period for which he may be detained therein;-or (4.) Refuses or neglects, whilst an inmate of any casual ward, workhouse, or asylum, to do the work or observe the regulations prescribed;or (5.) Wilfully gives a false name or makes a false statement for the purpose of obtaining relief, shall be deemed an Idle and Disorderly Person (o). giving false name. 2nd offence. And every pauper who-(1.) Commits any of the offences meeting, may detain any person in a workhouse suffering from mental disease or infectious or contagious bodily disease, if the surgeon certifies that he is not in a proper state to leave without danger to himself or others, and such person shall not be discharged without the surgeon's certificate; this is not to prevent the removal of lunatics, nor when the parent or next of kin gives an undertaking for the due care of the person (30 & 31 Vict. c. 106, s. 22). (n) See preceding note. (0) Imprisonment not exc. 1 month, hard labour.-Procedure (1 justice), as in "VAGRANTS," post. c. 108. before mentioned after having been previously convicted as an 34 & 35 Vict. idle and disorderly person; or (2.) Wilfully destroys or injures his own clothes or damages any of the property of the guar- Destroying dians, shall be deemed a Rogue and Vagabond (p). [In case of a pauper suffering from infectious or contagious disease absconding or escaping, the convicting justices may suspend the commitment, and order him to be taken back and remain until cured or lawfully discharged, and then any justice may enforce the commitment; any officer of such workhouse or asylum, or any constable, may arrest a pauper absconding. The justice may grant a certificate of expenses under this Act, as under 18 & 19 Vict. c. 126, s. 14 (q).] clothes. 8. [The master or porter of the workhouse or the officer Arrest. having charge of the casual wards of any union may take before a justice having jurisdiction therein any inmate charged with any disorderly conduct, offence, or misbehaviour therein, punishable upon summary conviction, without summons or warrant, and may, if no constable be present, execute any warrant of commitment, and for these purposes shall have the powers of a constable.] 31 & 32 VICT. c. 122. Mainte nance (r). 33. When a married woman requires relief without her husband (8), the guardians of the union or parish, or the overseers Order for wife's of the parish, as the case may be, to which she becomes charge- maintenance. able, may apply to the justices having jurisdiction in such union or parish in petty sessions assembled, and thereupon such justices may summon such husband. . . . and may, after hearing such wife upon oath, or receiving such other evidence as they may deem sufficient, make an order upon him to pay such sum, weekly or otherwise, towards the cost of the relief of the wife, as, after consideration of all the circumstances of the case, shall appear to them to be proper, and shall determine in such order how and to whom the payments shall from time to time be made. [Arrears (t) may be enforced under 11 & 12 Vict. c. 43. Such orders may at any time be revoked by the justices in petty sessions.] (p) Imprisonment not exc. 3 months, hard labour.-Procedure (1 justice), as in "VAGRANTS," post. (7) See "CRIMINAL JUSTICE ACT," ante, and Introd. p. 11. (r) Persons neglecting to maintain wives or children, or running away leaving them chargeable, see " VAGRANTS," post. (8) A similar order may be made and enforced against a wife, having separate property, for the maintenance of her husband (33 & 34 Vict. c. 93, s. 13). As to liability to maintain, see note (u), infra. (t) Arrears.-If the payments fall in arrear a summons should issue to the defendant, and an order for the amount due should be made by a justice (Introd. p. 24), recoverable by distress, in default imprisonment not exc. 3 months (Introd. p. 31). Appeal, none. 31 & 32 Vict. c. 122. Maintenance. Justices orders (u). Neglect of children. 36. [Orders of maintenance, under 43 Eliz. c. 2, and 59 Geo. 3, c. 12, and penalties for disobedience repealed, and such orders (u) shall be made by the justices in petty sessions where the person is chargeable (x), and may be enforced (y) under 11 & 12 Vict. c. 43.] 37. When any parent shall wilfully neglect to provide adequate food, clothing, medical aid, or lodging for his child, being in his custody, under the age of 14 years, whereby the health of (u) Liability of relatives.-By 43 Eliz. c. 2, s. 7, the father and grandfather, the mother and grandmother, and the children (but not "grandchildren," see Maund v. Mason, 43 L. J. M. C. 62; L. R. 9 Q. B. 254; 22 W. R. 265; 38 J. P. 84; 29 L. T. N. S. 837) of every poor, old, blind, lame, and impotent person not able to work, being of sufficient ability, shall relieve and maintain such poor person according to the rate by the justices in quarter sessions assessed. By 59 Geo. 3, c. 12, s. 26, a like order may be made by 2 justices in petty sessions where the person resides; and (s. 2), on complaint on oath of the refusal of adequate relief, the overseers may be summoned before 2 justices who may make an order upon them for relief for not exc. 1 month, stating the special cause, and in case of urgent necessity 1 justice may make an order of relief until the next meeting of the special vestry. Any 2 justices, in a union formed under 4 & 5 Will. 4, c. 76, may order out-door relief to be given to any adult person, from old age or infirmity unable to work, who is entitled to relief, provided that 1 of such justices certifies of his own knowledge that the person is wholly unable to work (s. 27); and 1 justice, on the refusal of the overseer, may order temporary relief, not in money, in case of necessity, to poor persons not settled or usually residing in the parish, or medical relief to any parishioner. Overseer disobeying such order, on conviction before 2 justices, shall forfeit not exc. £5. Except as above all relief is to be given by the overseers acting under the guardians (Id. s. 54) and under the control of the commissioners (ld. s. 15). A man is liable for relief given to his wife, or to his children under 16 years old (4 & 5 Will. 4, c. 76, s. 56), or to children of his wife under that age until the death of the mother (Id. s. 57). When the husband is over the sea, in custody, or confined as a lunatic, relief shall be deemed given to the wife and her children as to a widow (7 & 8 Vict. c. 101, s. 25). The liability refers only to relations by blood (R. v. Munden, 1 Str. 190; R. v. Dempson, 2 Str. 955), but a man is not liable under 43 Eliz. c. 2, s. 7, to maintain his grandfather (Maund v. Mason, supra); the liability of the grandfather does not depend upon the inability of the father (R. v. Cornish, 2 B. & Ad. 498; 9 L. J. M. C. 86; Bevan v. McMahon, 28 L. J. P. & M. 127; 23 J. P. 472). A husband is not bound to maintain his wife who has left him and committed adultery (R. v. Flintan, 9 L. J. M. C. 33; 1 B. & Ad. 227); but, where a woman leaves her husband through ill-usage, the magistrates' jurisdiction is not ousted by his offer to take her back, and they may make an order, it being for them to determine whether she was justified in refusing to return (Thomas v. Alsop, 39 L. J. M. C. 43; L. R. 5 Q. B. 151; 18 W. R. 454; 34 J. P. 580; 21 L. T. N. S. 715). (x) Evidence of chargeability.—A certificate of a board of guardians or district board, purporting to be signed by the chairman, to be under their seal and to be countersigned by their clerk, shall be received within 21 days after the date as evidence of the chargeability of the person named (7 & 8 Vict. c. 101, s. 69; 11 & 12 Vict. c. 110, s. 11). (y) See note (t), ante, p. 545. such child shall have been or shall be likely to be seriously 31 & 32 Vict. injured [Imprisonment not exc. 6 months, with or without hard labour; or the sentence may be suspended and the defendant required to enter into recognizance to appear for judgment when called on; the guardians are to prosecute ().] c. 122. Pawnbrokers. 35 & 36 VICT. c. 93. 1-4. ["The Pawnbrokers Act, 1872," except as otherwise Title. expressed, shall take effect after 31st December, 1872; the schedules and notes thereto are to be taken as part of the Act.Repeal (a).] 5. In this Act-" Pawnbroker" includes every person who APPLICATION carries on the business of taking goods and chattels in pawn: "Pledge means an article pawned with a pawnbroker: "Pawner" means a person delivering an article for pawn to a pawnbroker: "Shop" includes dwelling-place and warehouse, or other place of business, or place where business is transacted: "Unfinished goods or materials" includes any goods of any manufacture or of any part or branch of any manufacture either mixed or separate, or any materials whatever plainly intended for the composing or manufacture of any goods, after such goods or materials are put into a state or course of manufacture, or into a state for any process or operation to be performed thereupon or therewith, and before the same are completed or finished for the purpose of wear or consumption: "Constable" includes any peace officer: "Justice" means justice of the peace having jurisdiction in the county or place where the matter requiring the cognizance of a justice arises: "Court of summary jurisdiction" means any justice, justices, or magistrate (however designated) having jurisdiction under-[11 & 12 Vict. c. 43 (Sched. 2).] OF ACT. Interpretation. pawnbrokers. 6. The following persons shall be deemed to be persons Definition of carrying on the business of taking goods and chattels in pawn (that is to say), every person who keeps a shop for the purchase or sale of goods or chattels, or for taking in goods or chattels by way of security for money advanced thereon, and who pur (z) Procedure (s. 45).-As in note (d), ante, p. 541. (a) The repealed statutes are 1 Jac. 1, c. 21; 25 Geo. 3, c. 48; 39 & 40 Geo. 3, c. 99; 55 Geo. 3, c. 184; and 9 Geo. 4, c. 49, s. 12, as they relate to pawnbrokers; 9 & 10 Vict. c. 98; 17 & 18 Vict. c. 90, s. 4; 19 & 20 Vict. c. 27; 22 & 23 Vict. c. 14; 23 & 24 Vict. c. 21; and 27 & 28 Vict. c. 56, s. 6, as it relates to pawnbrokers, and comprise the whole of the previous law; but this Act does not repeal local Acts (s. 57). c. 93. APPLICATION 35 & 36 Vict. chases or receives or takes in goods or chattels, and pays or advances or lends thereon any sum of money not exceeding £10 with or under an agreement or understanding expressed or implied, or to be from the nature and character of the dealing reasonably inferred, that those goods or chattels may be afterwards redeemed or repurchased on any terms; and every such transaction, article, payment, advance, and loan shall be deemed a pawning, pledge, and loan respectively within this Act. Executors, &c. Servants. Assigns, execu tors, &c. of pawners. Loans. 8. 24. Previous loans. Pawnbrokers' books (a). 7. [This Act shall extend to any executor or administrator of a pawnbroker, except that he shall not be answerable for any penalty or forfeiture personally unless incurred by his own act or neglect.] 8. [Anything done or omitted by the servant, apprentice, or agent of a pawnbroker in his business shall be deemed done or omitted by him; and anything authorised to be done by a pawnbroker may be done by his servant, apprentice, or agent.] 9. [The rights by this Act reserved to pawners shall extend to their assigns, executors or administrators; but such persons shall, if required by the pawnbroker, produce the assignment or instrument under which they claim.] 10. [This Act shall apply (1.) To every loan by a pawnbroker of 408. or under: £10, except where a special contract (as authorised by 11. [This Act shall not apply to a loan made before this Act, or to the pledge, pawnbroker or pawner; and the enactments in force at that time shall, after and notwithstanding this Act, have effect in relation thereto.] 12. A pawnbroker shall keep and use in his business such books and documents as are described in the 3rd schedule to this Act, in the forms therein indicated or to the like effect, and shall from time to time as occasion requires enter therein in a fair and legible manner the particulars indicated in and in accordance with the directions of that schedule, and shall make all inquiries necessary for that purpose [Penalty for failure, not exc. £10 (s. 45, and see s. 23) (b).] (a) A pawnbroker, when required by the Court, shall attend and produce his books and papers; Penalty (b) not exc. £10 (ss. 50, 45). (b) Procedure. Within 6 months (Introd. p. 23); 1 justice (ss. 5, 45). 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, not exc, half to the complainant, if he is a party |