place of his or her employer on one of such printed papers, or 32 & 33 Vict. to keep or preserve the same for the space of 6 calendar c. 24, SCHED. months next after the printing thereof, or to produce and show the same to any justice of the peace who within the said space of 6 calendar months shall require to see the same— [Penalty £20 (h).] Sect. 31. [Not to extend to the impression of any engraving, Exception. or to the printing by letter-press of the name, address, business or profession, of any person, and the articles in which he deals, or to any papers for sales by auction or otherwise.] Sects. 34-36. [Procedure.] 51 GEO. 3, c. 65. required. Sect. 3. [Nothing in the 39 Geo. 3, c. 79, or this Act, shall when name, &c. extend to require the name and residence of the printer to be of printers not upon any bank note or bank post bill of the Bank of England,upon any bill of exchange, promissory note, bond or other security for payment of money, or upon any bill of lading, policy of insurance, letter of attorney, deed, or agreement,or upon any transfer or assignment of public stocks, funds, or other securities, or of the stocks of any public corporation or company authorized by Act of Parliament, or upon any dividend warrant for such public or other stocks, funds, or securities, or upon any receipt for money or goods, or upon any proceeding in any court of law or equity, or in any inferior court, warrant, order, or other papers printed by the authority of any public board or public officer in the execution of the duties of their respective offices, notwithstanding the same or any part thereof shall be printed.] 6 & 7 WILL. 4, c. 76. covery of printers. Sect. 19. [Discovery of the printer, publisher, or proprietor Enforcing disof any newspaper, in order to bring suit or action for damages, may be enforced by bill (i), but shall not be used as evidence, save only in that proceeding for which it is made.] (h) Procedure.-To be commenced within 3 months (39 Geo. 3, c. 79, s. 34) in the name of the Attorney or Solicitor General (2 & 3 Vict. c. 12, s. 4; 9 & 10 Vict. c. 33, s. 1), before 1 justice where the offence occurs or the offender happens to be (39 Geo. 3, c. 79, s. 35). Penalties not exc. £20 enforced summarily by Imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default Imprisonment not exc. 3 months (Id.; Introd. p. 31): Payable, half to informer, the rest to the Crown (Id. s. 36): Appeal, none. (1) See Bouden v. Allen, 39 L. J. C. P. 217; 18 W. R. 695; 22 L. T. N. S. 342. 32 & 33 Vict. c. 24, SCHED. Printers' name and residence to be on every paper, &c. University presses. 2 & 3 VICT. c. 12. Sect. 2. Every person who shall print any paper or book whatsoever which shall be meant to be published or dispersed, and who shall not print upon the front of every such paper, if the same shall be printed on one side only, or upon the first or last leaf of every paper or book which shall consist of more than one leaf,-in legible characters, his or her name and usual place of abode or business, and every person who shall publish or disperse, or assist in publishing or dispersing, any printed paper or book on which the name and place of abode of the person printing the same shall not be printed as aforesaid, shall for every copy of such paper so printed by him (k) or her forfeit a sum not more than £5; [the exceptions of 39 Geo. 3, c. 79, supra, as amended, apply to this section.] Sect. 3. [In books or papers printed at the University Press of Oxford or the Pitt Press of Cambridge, the printer, instead of his name, shall print thereon, "Printed at the University Press, Oxford," or "The Pitt Press, Cambridge," as the case may be.] Sect. 4. [Procedure.] 9 & 10 VICT. c. 33, sect. 1. [Procedure.] PART I. Offences. Assisting escape. Prisons. 28 & 29 VICT. c. 126. See also" ESCAPE AND RESCUE," ante, p. 210. Military prisons, see 32 & 33 Vict. c. 95. Naval prisons, sce 29 & 30 Vict. c. 109. 1-7. [Preliminary.] 8-36. [Maintenance and government of prisons (1).] 37. Every person who aids any prisoner in escaping or attempting to escape from any prison (m),-or who, with intent (k) This error in the wording of the old Act is not remedied, and it is very doubtful whether a person publishing, &c., only can be convicted under this section (see R. v. Bacon, 22 L. T. N. S. 627). (1) Visiting justices are to be appointed by the justices at their first sessions in each year, or quarterly, to inspect, examine into the conduct of officers, treatment of prisoners, abuses and other matters (s. 53); they may inflict punishment for prison offences (see Sched. I., c. 58). (m) Definitions." Prison" includes gaol, house of correction, bridewell, or penitentiary, including grounds and buildings contiguous (s. 4); but not convict prisons, military, or naval prisons (s. 3). There is no definition of “pri c. 126. to facilitate the escape of any prisoner, conveys or causes to be 28 & 29 Vict. conveyed into any prison any mask, dress, or other disguise, or any letter, or any other article or thing (n), shall be guilty of Felony (o). 38. Every person who, contrary to the regulations (p) of the Carrying in prison, brings or attempts by any means whatever to introduce spirits or tobacco. into any prison any spirituous or fermented liquor or tobacco,— and every officer of a prison who suffers any spirituous or fermented liquor or tobacco to be sold or used therein, contrary to the prison regulations [Imprisonment nor exc. 6 months (q),—or Penalty not exc. £20 (q),—or both:-officers to forfeit in addition office and any arrears of salary.] &c. 39. Every person who, contrary to the regulations (p) of a prison, Carrying letters, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations, into or out of any prison [Penalty not exc. £10 (7);—if an officer, to forfeit office and salary due.—This is not to apply to offenders liable to more severe punishment under this Act.] 40. [The visiting justices shall cause to be affixed in a con- Notice. spicuous place outside the prison a notice of the penalties under the three preceding sections.] 41-55. [Discharge; purchase of land, &c.] [Law of prisons; discontinuance of certain prisons; repcal.] Parts II., III., Prize Fight. Railway companies providing trains, &c., for prize fights, see "RAILWAYS," post, p. 635. A prize fight is a breach of the peace, and all persons present thereat (r) may be indicted at the sessions for a Mis soners "in this Act; but, under 2 & 3 Vict. c. 56, s. 23 (repealed only as to prisons to which this Act does not apply), the word includes persons committed for want of sureties, charged or convicted of any offence, or otherwise legally detained. (n) A crowbar is an article or thing within this section (R. v. Payne, 35 L. J. M. C. 170; L. R. 1 C. C. R. 27; 14 W. R. 661; 30 J. P. 469; 10 Cox, C. C. 231; 14 L. T. N. S. 416). (0) Triable at Sessions. Bail Discretionary. Costs allowed. (p) See the Act, s. 21 and Sched. I. (1) Procedure (s. 52).—Within 6 months (Introd. p. 23); 2 justices where the matter arises. 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 county treasurer (Introd. p. 38). Arrest: under 2 & 3 Vict. c. 56, s. 22 (repealed only as to prisons to which this Act does not apply), persons attempting to introduce forbidden articles may be apprehended by any one. Appeal, none. (r) R. v. Perkins, 4 C. & P. 537. Where a prize fight had taken place at IV. demeanor (8). Magistrates or constables, on receiving information of a fight, should endeavour to secure the combatants beforehand by warrant (and see "ARREST," ante, p. 66), that they may be compelled to find sureties, or be committed in default (t). a considerable distance from any highway, and when the officers made their appearance the fight was at an end, and the fighters and some others were arrested; Alderson, B., held that they might be indicted for an assault but nothing more (R. v. Hunt and others, 1 Cox, C. C. 177). (s) Triable at Sessions. Bail Compulsory. No Costs. (t) Per Burroughs, J., in R. v. Billingham, 2 Car. & P. 234. There is nothing unlawful in sparring, unless, perhaps, the men fight on until they are so weak that a dangerous fall is likely to be the result of the continuance of the game (R. v. Young, 10 Cox, C. C. 371; 31 J. P. 215). Railways. I. Railway Regulation Acts, 3 & 4 Vict. c. 97; 5 & 6 Vict. c. 55; 31 & 32 Vict. c. 119; 34 & 35 Vict. c. 78; 36 & 37 Vict. c. 76 (u). II. Railway Clauses Consolidation Acts, 8 Vict. c. 20; 26 & 27 See also 24 & 25 Vict. c. 97, ss. 35 and 36, “MALICIOUS INJURIES 3 & 4 VICT. c. 97. 1-6. [Repealed, except ss. 3 and 4 as to tolls, 34 & 35 Vict. I. Regulation c. 78, s. 17.] Acts. 7-9. [Byelaws and regulations authorized by any Act of Par- Byelaws (x). liament to be made by railway companies, and any order annulling them, shall not have effect until 2 months after a copy, certified as directed by the Committee of the Privy Council, has been laid before the said Committee, who may disallow any byelaw.] 10-12. [Repealed, 34 & 35 Vict. c. 78, s. 17.] 13, 14. [Re-enacted, see 5 & 6 Vict. c. 55, s. 17, infra.] 15. [Repealed, 34 & 35 Vict. c. 78, s. 17.] officers or trespassing on rail 16. If any person shall wilfully obstruct or impede any officer Obstructing or agent of any railway company in the execution of his duty upon any railway (y), or upon or in any of the stations or other way. works or premises connected therewith,- -or if any person shall wilfully trespass upon any railway, or any of the stations or other works or premises connected therewith, and shall refuse to quit the same upon request to him made by any officer or agent of the said company (z), . . . . and all others aiding or assisting therein --[Penalty not exc. £5; in default Imprisonment not exc. 2 months (a); offenders may be arrested by any officer of the railway or person called to assist.] (u) To be read as one Act and cited as the Railway Regulation Acts, 18401873 (see 34 & 35 Vict. c. 78, s. 1, and 36 & 37 Vict. c. 76, s. 1). (x) See 8 Vict. c. 20, ss. 108-111, infra, p. 640. (y) "Railway" extends to all railways constructed under an Act of Parliament, and intended for conveyance of passengers in or upon carriages drawn or impelled by steam or other mechanical power (s. 21). (z) See also 31 & 32 Vict. c. 119, s. 23, infra. Cabdrivers standing in a railway station, not being "privileged,” are trespassers, and liable under this section if they refuse to quit (Foulger v. Steadman, 42 L. J. M. C. 3; L. R. 8 Q. B. 65; 36 J. P. 740). (a) Procedure.-Within 6 months (Introd. p. 23), on oath; 1 justice (s. 16). Penalty enforced by Imprisonment as above, subject to Small Penalties Act (Introd. p. 32): Payable to county treasurer (Introd. p. 38). Appeal, none. No certiorari (s. 17). |