ment Act, 4 & 5 Will. 4, c. 76 (Reg. v. Middlesex, 16 L. J. M. C. 109; 8 & 9 Vict. 2 Bit. & Par. New Mag. Cas. 203); and the provisions of 11 & 12 Vict. c. 126. c. 31, extend to appeals against these orders for maintenance (Reg. v. Glamorganshire, 18 L. J. M. C. 118); but the execution of these orders of removal to an asylum is not a removal under 9 & 10 Vict. c. 66, and order, under the 58th and 62nd sections of 8 & 9 Vict. c. 126, may be made on parish in which pauper settled, notwithstanding previous five years' residence in parish from which he has been removed to asylum (Reg. v. Leaden Roothen, 18 L. J. M. C. 187; 13 J. P. 794). If it be ascertained that he is chargeable to a county, justices to make an order upon the treasurer of such county for his maintenance, and for reimbursement (s. 63). The like provision for reimbursement to a county, if adjudged to belong to a parish (s. 64). Forms No. 9-12, pp. 455, 456, of "Formulist." Costs of maintenance, &c. recovered after twenty days from notice and order, by distress warrant of two justices or by action (s. 68). This act mainly applies to private lunatic patients, the appointment of 8 & 9 Vict. the commissioners and regulation of houses, and the 8 & 9 Vict. c. 126, c.100. to the duties of justices. Persons not paupers are not to be received into any asylum except by an order from a relative, &c., and certificates of two medical practitioners (s. 45); under special circumstances one medical certificate only necessary (s. 47). Paupers not to be received except by an order (Form (D), "Formulist," p. 449) of one justice or clergyman, with overseer or relieving officer, dated not more than seven days previous to reception, accompanied by a certificate of a medical practitioner (not of union) (s. 48). None of the provisions of the 11 & 12 Vict. c. 43, can be applied to proceedings under the above acts (s. 35, ante, p. 44). Criminal Lunatics.] By s. 2, if any person shall be discovered and 1 & 2 Vict. apprehended under circumstances that denote a derangement of mind c.14. and a purpose of committing some crime, for which, if committed, he would be liable to be indicted, two justices of the county, &c. may call to their assistance a medical man, and if person deemed insane or a dangerous idiot, they may order him to be conveyed to an asylum, or liberated if not insane (s. 3). Justices to inquire into his settlement, and make order on parish for maintenance; if settlement cannot be ascertained, then upon the treasurer of the county (s. 2); (Forms of Orders, Nos. 14-16, pp. 458, 459, of "Formulist"). Appeal to the sessions (s. 2). Insane Prisoners.] By s. 1, if any person, while imprisoned in any 3 & 4 Vict. prison, under sentence of death, transportation or imprisonment, or under c. 54. a charge of any offence, or for not finding bail for good behaviour or to keep the peace, or to answer a criminal charge, or in consequence of any summary conviction or order, or under any other than civil process, shall appear to be insane, two justices of the county may inquire as to his insanity; if certified by such justices to secretary of state that he is insane, he is to grant a warrant for his removal to a lunatic asylum. 20 Geo. 2, c. 19. By s. 2, justices are to inquire into the settlement of such prisoner, and make an order on the parish for his maintenance. When settlement not found, order to be made on treasurer of county. In case the person is possessed of property, it shall be applied by justices' order towards the expense (Forms Nos. 17, 18, pp. 456, 460, of "Formulist"). Appeal against order of justices (s. 5). By s. 3, where persons charged with misdemeanor are acquitted on the ground of insanity, the like powers as in s. 2 for two justices to inquire into settlement and make orders for maintenance. MASTER AND SERVANT. Recovery of Wages.] By s. 1, a justice, where the master or mistress inhabits, may summon the master or mistress [or in case of his or her absence, or residence at considerable distances from the place of business, their steward, agent, bailiff, foreman, or manager (4 Geo. 4, c. 34, s. 4)] for wages due to servants in husbandry hired for one year or longer [or for less than a year (31 Geo. 2, c. 11, s. 3)], of not exceeding £10; and to artificers, handicraftsmen, miners, [and to tinners and miners in the stannaries of Devon and Cornwall (27 Geo. 2, c. 6, s. 2)], colliers, keelmen, pitmen, glassmen, potters, [and any persons employed in the manufacture of hats and in fustian, iron, leather, fur and hemp manufactures (10 Geo. 4, c. 52)], not exceeding £5; and, on proof, to make order for payment of what shall appear due [within such period as the justice shall think proper (4 Geo. 4, c. 34, s. 5)], and in case of refusal or non-payment [within twenty-one days from the date of the order, when the steward, &c. is summoned (4 Geo. 4, c. 34, s. 4)], the same to be levied by distress of the goods and chattels of the master or mistress. In default of distress, imprisonment (a) for not exceeding three calendar months under 11 & 12 Vict. c. 43, s. 22 (ante, p. 115), unless the amount ordered, with the costs of distress and the commitment and conveyance to gaol, shall be sooner paid. Time of Proceeding-Forms.] The complaint should be made within six calendar months after the wages became due (11 & 12 Vict. c. 43, s. 11). See ante, p. 68, for the process to be issued, and ante, p. 76, for the proceedings on the hearing, and p. 119, as to enforcing the order. Forms of Complaint, &c., Nos. 1-4, pp. 460, 461, of "Formulist." As to the nature of the contract, &c. within the justices' jurisdiction, see Note 159, ante, pp. 256, 257; but in cases where it is doubtful whether the servant or the nature of the contract be within their jurisdiction, a remedy is given to the servant by the County Courts Act, 9 & 10 Vict. c. 95, ss. 58, 64. As to arbitrations between masters and their workmen, see 5 Geo. 4, c. 96. (a) Before the 11 & 12 Vict. c. 43, which is applicable to these complaints for wages, there was no power under the statutes to imprison the master in case of there being no sufficient distress (Wiles v. Cooper, 3 A. & E. 524; 5 N. & M. 276, S. C.) MUTINY (ARMY). c. 5. Swearing Recruits.] Within four days (any intervening Sunday not in- 13 & 14 Vict. cluded), and not more than twenty-four hours after enlistment, before a justice where recruit enlisted, not being an officer in the army. Questions in schedule to be put, read over, oath to be administered, and certificate thereof given to recruit (s. 55); fee 1s. to justices' clerk (Marine Mutiny Act, c. 6, s. 59). Smart Money.] Discharge on paying within four days 20s., with subsistence and beer money paid to recruit; payment to be reported to secretary at war (s. 56); fee 1s. (Marine Mutiny Act, c. 6, s. 61). Deserters (Army)] See s. 46; marines, c. 6, s. 50. Forms of Information, Commitment to Gaol and Return, Nos. 2-4, pp. 461, 462, of "Formulist." Extension of Furlough.] Not exceeding one month in case soldier detained by sickness or other casualty rendering necessary such extension of furlough; and where there is no military officer of rank not inferior to captain or any adjutant of militia within convenient distance, the justice to certify same by letter to commanding officer of the corps, &c.; if not known, to the agent of the regiment (s. 50; Marine Mutiny Act, c. 6, s. 55). Forms Nos. 5 and 6, p. 463, of "Formulist.” Apprentices enlisting.] See ss. 61, 62, 63; Marine Mutiny Act, c. 6, ss. 63, 64, 65. Forms Nos. 17, 18, p. 401, of " Formulist." Wages of Servant enlisting.] See s. 64; Marine Mutiny Act, c. 6, s. 66. By 10 & 11 Vict. c. 37, s. 1, the time of service in the army is limited; and see 12 & 13 Vict. c. 73. Vide tit. " Military Law," ante, pp. 258, 260, for offences punishable summarily; and tit. " Enlistment," ante, p. 446, for offences indictable. NAVIGABLE RIVERS AND CANALS, see tit. "Constables," ante, p. 499. NUISANCES REMOVAL AND DISEASES PREVENTION. The 9 & 10 Vict. c. 96, on this subject having expired, the present sta- 11 & 12 Vict. tute (passed 4th September, 1848) was passed for a twofold object, and has c. 123. many improvements upon the former: 1st, to provide for the more speedy removal of certain nuisances; and, 2nd, for the prevention of contagious and epidemic diseases; but the provisions for the latter object do not take effect till called into action by an order from the privy council; nor will the present act extend to any place where the "Public Health Act, 1848" (11 & 12 Vict. c. 63), shall be in force (s. 5). It must also be observed that all the descriptions of nuisances mentioned in this act seem to be nuisances for the removal or abatement of which proceedings can be taken against private individuals; but no proceedings can be taken under it for the removal of nuisances connected 11 & 12 Vict. c. 123. with the carrying on of an offensive trade, such as a bone boiler, tallow melter, and the like, unless deposits of a nature likely to be prejudicial to or injurious to health are allowed to accumulate on the premises. The statute gives no authority to interfere with public nuisances; and where those exist the usual remedy by indictment must be had recourse to by those who are injured by them (Glen's 2nd edit. of Act, p. 5, note). The general provisions (s. 1) relate only to the removal of nuisances after they are found to exist and to be prejudicial or injurious to health. No provision is made by this act for the prevention of a nuisance (Glen, p. 11); but see sect. 50 of the Public Health Act, 1848 (11 & 12 Vict. c. 63), as to its application for prevention of nuisances and for improving the public health in parishes in which there is no local board of health. By sect. 10 of 11 & 12 Vict. c. 123, after an order by privy council, the general board of health may issue directions and regulations (a) for the prevention of epidemic, endemic, or contagious diseases, and provide for the cleansing of streets and public ways and places by the surveyors of highways, &c. or by the owners and occupiers of houses adjoining thereto, for the removal of nuisances, for the speedy interment of the dead, and generally for preventing or mitigating such diseases. Guardians of the poor are to superintend and see to the execution of such directions, and to provide for the dispensing of medicines. By sect. 12, the poor law commissioners may compel officers of unions, &c. to execute regulations and directions of the general board of health (b). Preliminaries to the Removal of a Nuisance.] By sect. 1 it is enacted, that upon receipt (or as soon afterwards as can be) by the town council, or by any trustees or commissioners for the drainage, paving, lighting or cleansing, or managing or directing the police of any city, town, borough or place, or by any other body of a like nature, or by any commissioners of sewers or guardians of the poor, of a notice in writing in the form contained in the schedule to this act annexed, or to the like effect [form No. 1, p. 464, of " Formulist"], signed by two or more inhabitant householders of the parish or place to which the notice relates [or by 12 & 13 Vict. c. 111, s. 6, guardians, directors or wardens, governors, overseers or parochial board, or other like officers having the management of the poor, or acting under such authority as aforesaid, upon the receipt of a certificate of any medical or relieving officer of the union or parish (form No. 2, p. 464, of "Formulist")], stating that, to the best of the knowledge and belief of the persons by whom such notice is signed, any dwellinghouse or building in any city, town, borough, parish or place within or over which the jurisdiction or authority of (a) See their directions, dated 5th and 31st October and 3rd November, 1848, Glen's work, Appendix. (b) The parties wilfully neglecting to obey an order of the poor law board for enforcing and directing the execution of these regulations will be liable to the penalties for a 1st, 2nd and 3rd offence as imposed by the 4 & 5 Will. 4, c. 76, s. 98 (vide Offences 4, 5, tit. Poor," ante, p. 270). the town council, trustees, commissioners, guardians, officers of 11 & 12 Vict. or that upon any premises within such jurisdiction or authority or that upon any such premises swine, or any accumulation of or that upon any such premises (being a building used wholly or such town council, trustees, commissioners, guardians, officers of health, Examination, and Complaint to a Justice-Summons and Service.] If upon such examination, or upon the certificate in writing of two legally qualified medical practitioners, it appear that such nuisance exists, such town council, &c. or such committee shall make or cause (d) to be made complaint before a justice, who shall thereupon issue a summons (form No. 6, p. 467, of "Formulist"), requiring the owner or occupier (e) of (c) The notice to the guardians or other body by the two householders. (d) The authorities may appoint a committee of their number to make the complaint, or in case of a town council one of their officers. In the case of guardians of the poor they may by an order in writing, empower one of their officers to do so (see Note 163, ante, pp. 260, 261). Form of Complaint No. 5, p. 466, of Formulist." (e) By sect. 22, the word "owner" shall mean any person receiving the rents of the property in respect of which that word is used from the occupiers of such property, on his own account, or as trustee or agent for any other person, or who would receive the same if such property were let to a tenant. By sect. 18, one or more of several joint owners or occupiers may be proceeded against |