pursuance of any regulations or directions prescribing a task of work, or for wilfully destroying or injuring his own clothes, or any property, or for absconding with any clothes or other articles provided by such district board, or for damaging any of the property of such district board, or for any misbehaviour in any such asylum by disobedience of the rules and regulations in force therein, or otherwise, as if he were relieved or set to work in any workhouse under the control of a board of guardians acting under the orders and regulations of the (poor law) commissioners under 4 & 5 Will. 4, c. 76. 7 & 8 Vict. c. 101, s. 54." This section will apply to Offences 3-7, pp. 445, 446. Reserve Force. By the 22 & 23 Vict. c. 42, s. 1, Her Majesty may from time to time cause to be enrolled and kept up a reserve force, not exceeding 20,000 volunteers, who shall have previously served in Her Majesty's service or in the forces of the East India Company. By s. 6, in case of invasion or war, the reserved force may be called out for permanent duty. By s. 8, the reserve force, when on duty, is to be subject to the provisions of the Mutiny Act (see post, p. 388). By s. 9, any man absent from training and exercise may be punished as a deserter. By s. 11, the provisions of the turnpike (see post, p. 579) and railway acts as to soldiers are to apply to the reserve force. Page 34, line 8, "Penalty,”-Instead of "Not exceeding (together with costs, if ordered) £5,"-read "Not exceeding £5 (including costs, if ordered).” 145,-Dele note (i). L. J. (N. S.) M. C... Law Journal Reports, New Series, Magistrates' Cases. It has not been considered necessary to notice the ordinary contractions of the usual Reports; such as B. & Ald., for Barnewall & Alderson, &c. A SUMMARY OF The Duties of a Justice of the Peace OUT OF SESSIONS. Accessaries. To Offences punishable on summary Conviction. Any person aiding, abetting, counselling or procuring the commission of any offence punishable on summary conviction (11 & 12 Vict. c. 43, s. 5; B. J. P. Supp. 4). Procedure.-Summons (Id. s. 1), or warrant on information on oath Actors (see tit. "Theatres"). Alehouse (Public Houses). I. GENERAL OFFENCES. 1. Selling &c. Liquor without Licence. Selling, bartering, exchanging or for valuable consideration otherwise disposing of any exciseable liquor (b) by retail, to be drunk or consumed in the house or premises; or permitting or suffering the same; without being duly licensed (9 Geo. 4, c. 61, s. 18; 1 B. J. P. 94). Procedure.-Summons, or warrant on information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); one justice (9 Geo. 4, c. 61, s. 18). Penalty. Not exceeding £20, nor less than £5 (Id.) (c). (a) The accessary may be proceeded against and convicted either together with the principal offender, or before, or after his conviction; and either in the county &c. where such principal may be convicted, or in that in which such offence of aiding &c. may have been committed. 11 & 12 Vict. c. 43, s. 5. (b) In R. v. Lancashire, Q. B., Tr. T. 1857 (3 June), a question was raised whether " sweets" or "made wines" were exciseable liquors within this section. By the 6 Geo. 4, c. 37, s. 2, they were subject to an excise duty; by the 6 Geo. 4, c. 81, s. 2, every retailer of such wines was bound under a penalty (s. 26) to take out an excise licence; by the 4 & 5 Will. 4, c. 77, s. 1, the excise duty on such wines was repealed; but the duty on the licence was retained (s. 10). The court held (Erle, J., dissenting), that they were not such exciseable liquors. (c) See also 35 Geo. 3, c. 113 (an Excise Act), imposing a penalty of £20 for selling exciseable liquor without a licence; see also Id. s. 17, and 9 Geo. 4, c. 61, s. 36, as to selling beer at fairs. A. B Recovery.-Distress: in default, imprisonment not exceeding 1 calendar month, if penalty not above £5; not exceeding 3 calendar months, if penalty above £5 and not more than £10; not exceeding 6 calendar months, if penalty above £10 (9 Geo. 4, c. 61, s. 25). Appeal (Id. s. 27). 2. Licensed Victualler selling &c. Liquors to be consumed on unlicensed Premises. Licensed victualler selling, bartering, exchanging or for valuable consideration otherwise disposing of, or permitting or suffering to be sold &c. any exciseable liquor (d) by retail, to be drunk in his house or premises, not being the house or premises specified in his licence (9 Geo. 4, c. 61, s. 18; 1 B. J. P. 94). Procedure.-Summons, or warrant on information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); one justice (9 Geo. 4, c. 61, s. 18). Penalty. Not exceeding £20, nor less than £5 (Id.) Recovery. Distress: in default, imprisonment not exceeding 1 calendar month, if penalty not above £5; not exceeding 3 calendar months, if penalty above £5 and not more than £10; not exceeding 6 calendar months, if penalty above £10 (Id. s. 25). Appeal (Id. s. 27). 3. Opening House on Morning of Sunday &c. for Sale of Liquor. Opening house for the sale of wine, spirits, beer or other fermented or distilled liquors, or selling the same (e), before half-past twelve, p.m.; or where the morning divine service shall not usually terminate by that time, before the time of the termination of such service, on Sunday, Christmas Day or Good Friday, or any day appointed for a public fast or thanksgiving; except as refreshment for travellers (11 & 12 Vict. c. 49, s. 1; B. J. P. Supp. 11). Procedure.-Summons, or warrant on information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); one justice (11 & 12 Vict. c. 49, s. 6). Penalty. Not exceeding £5 (Id.) -- Recovery.-Distress (f) (11 & 12 Vict. c. 43, s. 19): in default, imprisonment not exceeding 3 calendar months unless sooner paid (Id. s. 22; 21 & 22 Vict. c. 73, s. 5). (d) See note (b), p. 1. (e) Every separate sale shall be deemed a separate offence (11 & 12 Vict. c. 49, s. 6). (f) An opinion had been hazarded in this place, that there were no means of enforcing this distress. The reasoning on which this opinion was formed was briefly as follows:-The 11 & 12 Vict. c. 49, s. 6, which imposed the penalty, pointed out no mode of levying it. The 11 & 12 Vict. c. 43, s. 19, had enacted that, "in cases where, by the statute in that behalf, no mode of raising or levying a penalty &c., or of enforcing the payment of the same, is stated or provided," the convicting justice might issue a distress warrant; that enactment would therefore apply to the penalty given by 11 & 12 Vict. c. 49, s. 6. The 11 & 12 Vict. c. 43, s. 19, contained a further proviso, that where the issuing a distress warrant would 4. For Sale of other Articles. Opening his house for the sale of any other articles within the times prohibited in No. 3, p. 2 (11 & 12 Vict. c. 49, s. 3; B. J. P. Supp. 11). Procedure, Penalty, &c.-As No. 3, p. 2. 5. Opening House for Sale of Beer &c. on Afternoon of Opening or keeping open house for the sale of or selling beer, or other fermented or distilled liquors, or selling the same, between the hours of three and five o'clock in the afternoon, or after eleven o'clock in the afternoon on Sunday, Christmas Day or Good Friday, or any day appointed for a public fast or thanksgiving, or before four o'clock in the morning of the day following such Sunday &c., except to a traveller, or to a lodger therein (18 & 19 Vict. c. 118, s. 2). Procedure.-Summons, or warrant on information on oath, within Penalty. Not exceeding £5 (Id.) 6. Allowing Persons to play Billiards &c. at unlawful Hours, or on Sundays &c. Allowing any person to play at [any public billiard table, or bagatelle board, or instrument used in any game of the like kind] after one and before appear to be ruinous to the defendant, the justice, without issuing a warrant, might commit the defendant to prison "for such time and in such manner as by law such defendant might be so committed in case such warrant of distress had issued and no goods or chattels could be found whereon to levy such penalty &c.;" and s. 21 contained a similar enactment in cases where a distress warrant had issued and there were no goods on which the distress might be levied. But these provisions would not apply to the offence created by the 11 & 12 Vict. c. 49, s. 6, which imposed merely a pecuniary penalty, and there was no time or manner of imprisonment provided by law for the offence in question. The 11 & 12 Vict. c. 43, s. 22, after reciting that "by some Acts justices are authorized to issue warrants of distress &c., but no further remedy is thereby provided in case no sufficient distress be found &c.," enacted "that in all such cases, and in all cases of conviction &c., where the statute on which the same are respectively founded provides no remedy in case it shall be returned to a warrant of distress thereon, that no sufficient goods of the party against whom such warrant shall have been issued can be found," the offender might be committed to prison for not exceeding three calendar months unless the penalty &c. were sooner paid. But that enactment would not apply to the case in question, because the statute on which the conviction is founded (chap. 49) did not authorize a distress warrant to issue. Several persons, to whose authority the compiler would generally defer, entertained a different opinion as to the construction of these sections; but after this portion of the work was printed off the 21 & 22 Vict. c. 73 was passed, by s. 5 of which the provisions of the 22nd section of the 11 & 12 Vict. c. 43 are extended to all cases in which it is returned to a warrant of distress, issued under the authority of that Act, for levying any penalty &c., that no sufficient goods can be found, where the statute on which the conviction &c. is founded provides no mode of raising such penalty &c. or of enforcing payment of the same. |