34. If any property found in a hackney or stage carriage, and brought to any police station by the driver or by the driver or conductor thereof respectively, under the statute 16 & 17 Vict. cap. 33, sect. 11, be not, within 3 months, claimed and proved to the satisfaction of the commissioner to belong to the claimant, the commissioner shall forthwith sell such property, and out of the proceeds shall award to such driver or conductor as follows:

Provided that the said commissioner may, if he think fit, at the expiration of the said period of 3 months, deliver the property to such driver or conductor, instead of awarding to him a sum of money.

35. If the property which shall have been so brought to a police station, be claimed before the expiration of the said period of 3 months, and the claimant prove to the satisfaction of the commissioner that he is entitled thereto, the same shall be delivered to him on payment by him of all expenses incurred, and of a remuneration to the driver or conductor. The amount of such remuneration shall be determined by the commissioner with reference to the character and value of the property in accordance with the foregoing section.

36, 37. [Licenses to drivers and conductors.]

38. [Such licenses shall be subject to revocation or suspension as under the former Acts, and by any justice for any breach of this order.]

39. A penalty, not exc. 408., is hereby annexed for any act or default which is a breach of this order (s), save only in those cases where a higher penalty may lawfully be enforced for the same act or default as an offence under the provisions of any other Act of Parliament now in force.

40. [Revocation of previous orders.]

41. [Fare plates to commence on 1 May, 1871.]

(s) Procedure (s. 10).-As in note (p), ante, p. 727.

42. [This order shall come into operation on 24 March, 1871, Regulations, saving for licenses previously granted.]

10th March,

1871.

Whitehall, 10 March, 1871.

(Signed) H. A. BRUCE.

Steam Whistles.

35 & 36 VICT. c. 61.

1. This Act shall not apply to Scotland.

whistles and

2. No person shall use or employ in any manufactory, or any Use of steam other place, any steam whistle or steam trumpet for the purpose trumpets. of summoning or dismissing workmen or persons employed without the sanction of the sanitary authority

[Penalty not exc £5, and in addition not exc. 40s. for each day (t).

The sanitary authority may revoke any sanction given, on 1 month's notice; or the local government board, on complaint by any person prejudicially affected by such sanction, may revoke it.]

3. "Sanitary authority" means the authority at the time being Definition. empowered to execute the Nuisance Removal Acts, as defined and extended by the Sanitary Act, 1866 (u).

Stocking Frames (x).

28 GEO. 3, c. 55.

frames and refusing to return

1. [Framework knitters, hiring stocking frames with or with- Persons hiring out machines or engines thereto annexed or therewith employed, and refusing to deliver them up to the owners after 14 days' them on 14 days' previous notice to do soPenalty 20s. (y).]

(t) Procedure (s. 4).-Within 6 months; 1 justice. 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.

(u) See 35 & 36 Vict. c. 79, ss. 7, 8, "SANITARY ACTS," ante, p. 658. (x) Hosiery manufactures. All wages are to be paid in net without any deduction, except for bad workmanship (37 & 38 Vict. c. 48, s. 1, commencing on 30 October, 1874), and any contract to stop wages or for frame rents, between employer and artificer, is illegal (Id. s. 2); Penalty on the employer £5, recoverable by the artificer by action in the county court (Id. s. 3).-Artificers using frames otherwise than for the purpose for which they were entrusted, Penalty 10s. a day, recoverable as above (Id. s. 4).

() Procedure. Within 6 months (Introd. p. 23); 1 justice. Penalty to be paid forthwith, and the frames returned within 6 days after conviction; in default Imprisonment not exc. 3 months nor less than 1 month: Payable to the overseers of the poor (s. 1). Appeal, none.

notice.

28 Geo. 3, c. 55. Persons hiring

2. [Persons renting or hiring stocking frames with or without machines or engines thereto annexed or therewith employed, and frames and sell- unlawfully disposing of them, or the machines or engines therewith let, without the consent of the owner or owners thereof, shall be guilty of a Misdemeanor (z).]

ing them.

Persons purchasing them.

3. [Persons wilfully and knowingly receiving or purchasing the same shall be guilty of a Misdemeanor (z).]

4. [Repealed by 34 & 35 Vict. c. 116.]

Suicide.

The attempt to commit suicide by a person of sane mind is a Misdemeanor at common law (a), being an attempt to commit a felony (b); it is not an attempt to commit murder, suicide having been held not to be murder (R. v. Burgess, 32 L. J. M. C. 55; 1 L. & C., C. C. R. 254; 9 Jur. N. S. 28; 9 Cox, C. C. 247; 11 W. R. 96; 27 J. P. 55; 7 L. T. N. S. 472).

[Penalty, every day labourer, common soldier, common sailor, and common seaman, 1s. ;-every other person (e) under the degree of a gentleman, 2s. ;—

(2) Triable at Sessions. Bail Compulsory. No Costs.

(a) The mere fact of drunkenness is no excuse for the crime (R. v. Doody, 6 Cox, C. C. 463).

(6) Triable at Sessions. Bail Discretionary. Costs allowed. The jurisdiction of the quarter sessions is not interfered with by 24 & 25 Vict. c. 100, ss. 11, 15 (R. v. Burgess, supra).

(c) The proviso in s. 13, requiring this Act to be read quarterly in all churches, is repealed (4 Geo. 4, c. 31).

(d) A conviction under this Act that "A. B. did, on the day of profanely curse one profane curse," setting it out, "20 several times repeated," and adjudging him to pay "for such his offence the penalty of £2”—being a cumulative penalty at the rate of 2s. for repetition-is good; using several oaths on one and the same occasion is one offence, and 11 & 12 Vict. c. 43, s. 10, does not apply (R. v. Scott, 33 L. J. M. C. 15; 4 B. & S. 368; 27 J. P. 420; 8 L. T. N. S. 662).

(e) This includes females (7 & 8 Geo. 4, c. 28, s. 14).

every person (e) of or above the degree of a gentleman, 5s. ;-2nd conviction, 19 Geo. 2, c. 21. double; 3rd conviction treble the first penalty (ƒ).]

2-5. [Procedure, sce note (ƒ).]

6. If any justice

. . . shall wilfully and wittingly omit the Justices neglect. performance of his duty in the execution of this Act

ing duty.

[Penalty £5 (g).]

7. If any constable,

or other peace officer, shall wil- Constables

fully and wittingly omit the performance of his duty in the neglecting duty.

execution of this Act

[Penalty 40s. (h).]

(e) This includes females (7 & 8 Geo. 4, c. 28, s. 14).

(f) Procedure.-Information to be on oath (s. 4), to be proved or prosecuted within 8 days (s. 12); 1 justice. Penalty enforced by Imprisonment, under Small Penalties Act (Introd. p. 32), with hard labour (s. 4): Payable to the poor (s. 10). Arrest: persons unknown cursing, &c., in the hearing of a constable, may be arrested (s. 3), and persons cursing, &c., in the hearing of the justice may be convicted without further proof (s. 2). Convictions, in the form given, to be returned to the sessions; no certiorari (s. 10). Appeal,

none.

(g) Recoverable by action; payable, half to the informer, the rest to the poor (s. 6).

(h) Procedure.-Information to be proved or prosecuted within 8 days (s. 12); 1 justice. Penalty enforced by Imprisonment, under Small Penalties Act, if not exc. £5 with costs (Introd. p. 32), with hard labour; or by distress, in default Imprisonment for 1 month, hard labour (s. 7): Payable, half to the informer, the rest to the poor (s. 7). Appeal, none.

26 & 27 Vict.

c. 112.

Misconduct of officers (k).

Disclosing or intercepting messages (p).

Telegraphs.

26 & 27 VICT. c. 112; 31 & 32 VICT. c. 110; 32 & 33 VICT. c. 73 (h).

See also 24 & 25 VICT. c. 97, ss. 37, 38, "MALICIOUS INJURIES (PROPERTY)," ante, p. 462.

1-44. [Laying telegraphs in streets; works (i); obligations of companies.]

45. If any person in the employment of the company (1)wilfully or negligently omits or delays to transmit or deliver any message; or by any wilful or negligent act or omission prevents or delays the transmission or delivery of any message ;or improperly divulges to any person the purport of any message[Pen ilty not exc. £20 (m).]

46-53. [Restrictions and powers of Government over companies (n).]

31 & 32 VICT. c. 110.

1-19. [Acquisition of telegraphs by the Postmaster General (o).]

20. Any person having official duties connected with the post office, or acting on behalf of the Postmaster General, who shall, contrary to his duty, disclose or in any way make known or intercept the contents or any part of the contents of any telegraphic messages or any message intrusted to the Postmaster General for the purpose of transmission shall . . . . be guilty of a Misdemeanor (q).

....

(h) These are declared to be "Post Office laws" (32 & 33 Vict. c. 73, s. 24). (i) The provisions of 8 & 9 Vict. c. 20 (" RAILWAYS," ante), as to damages, and 8 & 9 Vict. c. 18 (Lands Clauses Acts), as to compensation, are incorporated herewith (ss. 4, 7).

(k) See also 31 & 32 Vict. c. 110, s. 20, supra.

(1) This Act is incorporated by 31 & 32 Vict. c. 110, s. 2, which provides for the acquisition of telegraphs by the Post Office.

(m) Procedure (s. 4, under 8 & 9 Vict. c. 20, "RAILWAYS," ante).—Within 6 months (Id. s. 151); 2 justices (Id. 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. 3 months (Id. s. 147): Payable, not exc. half to informer, the rest to the poor rate (Id. s. 150). Appeal, within 4 months, to general or quarter sessions, 10 days' notice to be given to the other party, and appellant forthwith after such notice (ie. promptly and expeditiously, see R. v. Aston, 19 L. J. M. C. 236; 14 Jur. 1045) to enter into recognizance with 2 sufficient sureties (Id. s. 157). (n) See also 29 & 30 Vict. c. 3, s. 3.

(0) See also 32 & 33 Vict. c. 73; 33 & 34 Vict. c. 88; 34 & 35 Vict. c. 75; 35 & 36 Vict. c. 83; 36 & 37 Viet. c. 83.

(p) See also 26 & 27 Vict. c. 112, s. 45, supra (incorporated by s. 20 of this Act).

(9) Triable at Sessions. Bail Compulsory. No Costs.