Imatges de pàgina
PDF
EPUB

with child shall be deemed actually chargeable to the parish, so as to be removable under the poor laws to the place of her last settlement.

By 49 Geo. III. c. 68, if any single woman shall declare herself to be with child, and that such child is likely to be born a bastard, and chargeable to any parish, &c. and shall in an examination, to be taken in writing, on oath, before any justice of the peace of any county, &c. wherein such parish, &c. shall lie, charge any person with having gotten her with child, such justice, &c. may upon application by the overseers, &c. or any substantial householder of such extra-parochial place, issue his warrant to apprehend and bring the offender before him or any other justice of the same county, &c.; and the justice before whom he is brought may commit him to the common gaol, &c. unless he shall give security to indemnify the parish, or enter into recognizance with sufficient surety to appear at the next sessions to abide any order to be made under the act of 18 Eliz.; unless one justice shall have certified in writing under his hand to the sessions that it had been proved before him, on oath of one credible witness, that the woman had not been delivered or delivered within one month only previous to the day of the sessions, or unless two justices shall have certified in writing under their hands to the next, or where such woman shall not have been delivered as aforesaid then to the immediate subsequent, sessions, that an order of filiation had been already made on the person charged, or that such order was not requisite on account of the death of the child; in the two first of which cases the sessions may respite the recognizance, and in the two last wholly discharge the recognizance. And the act also makes new provisions with respect to the enforcing of orders of filiation and maintenance under the 18 Eliz. c. 3, and the payment of expenses and costs in all cases of bastardy.

By 50 Geo. III. c. 51, s. 1, in cases where a woman shall have a bastard child which may be chargeable to the parish, any two justices before whom such woman shall be brought

may commit her at their discretion to the house of correction in their district for a term not exceeding twelve calendar months, nor less than six weeks.

By sec. 3, upon the woman's good behaviour during her confinement any two justices at a petty session for the division may release and discharge her from further confinement.

By sec. 4, justices are restrained from committing any woman till she has been delivered one calendar month.

The acts relative to bastardy have been held to extend to the bastards of married as well as single women.8 East, 204; 9 East, 388.

11. Cruelty to Animals.

By 3 Geo. IV. c. 71, if any person shall wantonly and cruelly beat, abuse, or ill-treat any horse, mare, gelding, mule, ass, ox, cow, heifer, steer, sheep, or other cattle, and shall be convicted thereof, on complaint made on oath to any justice of the peace or other magistrate within whose jurisdiction such offence shall be committed, such offender shall forfeit any sum not exceeding 5l. nor less than 10s. and in case of non-payment be committed to the house of correction or other prison within the jurisdiction for any time not exceeding three months.

By sec. 2, the prosecution must be within ten days after the offence committed.

By sec. 3, the order of the justice is final, and the proceedings before him not removeable.

By sec. 5, if the justice is of opinion that the complaint is frivolous and vexatious he may adjudge the complainant to pay to the party complained of any sum not exceeding twenty shillings for compensation of his trouble and ex

pense.

Bull-baiting is not an offence within this act.-3 Carr. & Payne, 225.

12. Refusing to serve an Office.

To refuse without lawful excuse or exemption to serve a public office, (such as that of constable or overseer,) is a misdemeanor at common law, punishable with fine and imprisonment.--Arch. 504.

13. Taking up Dead Bodies.

This also is a midemeanor punishable with fine and imprisonment.-Arch. 501.

But by 2 & 3 Will. IV. c. 75, s. 7, (intitled An act for regulating schools of anatomy,) executors and others having lawful possession of the body of a deceased person may in certain cases, and subject to certain restrictions, permit anatomical examinations.

14. Offences relating to Game.

By 52 Geo. III. c. 93, s. 12, every person who shall use any dog, gun, net, or other engine, for the purpose of taking or killing any game whatever, or any woodcock, snipe, quail, or landrail, or any coney, or shall take or kill by any means whatever, or assist in any manner in the taking or killing, by any means whatever, any game or any woodcock, snipe, quail, or landrail, or any coney, without having obtained such certificate of payment of duty, as in the act directed, shall forfeit 201.

By sec. 11, any commissioner, assessor or collector, inspector or surveyor of assessed taxes for the place, or the lord or gamekeeper of the manor, or persons assessed to the game duties or duties consolidated therewith, or the owner or occupier of the land, may require any person so sporting to produce his certificate and allow it to be read and copied, or (if not produced) to deliver his Christian and surname and place of residence, and the place where he shall have been assessed to the duties, and any such person refusing so to do, or giving a false name or place of residence or assessment shall forfeit 201.

To the duties imposed by this act there are the following exceptions:

1. The taking of woodcocks and snipes with nets or springes. 2. The taking or destroying of conies by the proprietors of manors, or on any enclosed ground whatever, or by the tenants of lands, either by himself, herself, or themselves, or by his, her, or their direction or command.

The duties imposed by this act are placed under the management of the commissioners of assessed taxes, and the penalties are recoverable by summary proceedings before them.

By 54 Geo. III. c. 141, such of the duties imposed by the 52 Geo. III. c. 93, as relate to persons aiding or assisting, or intending to aid or assist in the taking or killing of any game, or any woodcock, snipe, quail, landrail, or coney, shall cease, provided the act be done in the company or presence and for the use of a certificated person, then and there using his own dog, &c. by virtue of his certificate, and not acting by virtue of a deputation or appointment.

By 9 Geo. IV. c. 69, s. 1, if any person shall by night unlawfully take or destroy any game or rabbits in any land, whether open or enclosed, or shall by night unlawfully enter or be in any land, whether open or inclosed, with any gun, net, engine, or other instrument, for the purpose of taking or destroying game, such offender shall upon conviction thereof before two justices be committed for the first offence for any period not exceeding three months, with hard labour, and at the expiration of such period shall find sureties by recognizance, himself in 10. and two sureties in 57. each, or one surety in 107. for his not so offending again for one year; and in case of not finding such sureties shall be further imprisoned and kept to hard labour for six months, unless such suretics are sooner found. And in case such person shall so offend a second time, and shall be thereof convicted before two justices, he shall be committed for any period not exceeding six months, with hard labour, and at the expiration of such

period shall find sureties by recognizance as aforesaid, himself in 20l. and two sureties in 107. each, or one surety in 201. for his not so offending again for two years; and in case of not finding such sureties shall be further imprisoned and kept to hard labour for one year, unless such sureties are sooner found. And in case such person shall so offend a third time he shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be transported for seven years, or to be imprisoned and kept to hard labour for any term not exceeding two years.

By sec. 2, when any person shall be found upon any land committing any offence hereinbefore mentioned, it shall be lawful for the owner or occupier of such land, or for any person having a right of free warren or free chase thereon, or for the lord of the manor or reputed manor wherein such land may be situate, and for any game-keeper or servant of any of the persons herein mentioned, or any person assisting such gamekeeper or servant, to seize and apprehend such offender upon such land, or in case of pursuit being made, in any other place to which he may have escaped therefrom, and to deliver him into the custody of a peace officer in order to his being conveyed before two justices. And in case such offender shall assault or offer any violence with any gun, cross-bow, firearms, bludgeon, stick, club, or any other offensive weapon whatsoever, towards any person hereby authorized to seize and apprehend him, he shall, whether it be his first, second, or any other offence, be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported for seven years, or to be imprisoned and kept to hard labour for any term not exceeding two years.

By sec. 9, if any persons, to the number of three or more together, shall by night unlawfully enter or be in any land, whether open or inclosed, for the purpose of taking or destroying game or rabbits, any of such persons being armed with any gun, cross-bow, fire-arms, bludgeon, or any other offensive weapon, each and every of such persons shall be guilty of a misdemeanor, and being convicted

« AnteriorContinua »