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OFFENCE.

WILL or CODICIL, Forging. See Offence 227, tit. "Forgery;"

Stealing, Offence 303, tit. "Larceny."

WITCHCRAFT.

Class of Offence and Statute or Authority.

522. Person pretending to exercise or use any kind of witch- M. 9 Geo. 2, c. 5, s. 4. craft, sorcery, inchantment, or conjuration, or undertaking to tell fortunes,-or pretending, from his skill or knowledge in any occult or crafty science, to discover where or in what manner any goods or chattel, supposed to have been stolen or lost, may be found.

WOMEN.

[See tit. "False Pretences; and when it is larceny of
money, &c., see Reg. v. Bunce, 1 F. & F. 523.]

523. Whosoever shall, by false pretences, false representations, M. 24 & 25 Vict. c. 100, or other fraudulent means, procure any woman or girl

under the ages of twenty-one years to have illicit carnal
connexion with any man (Note 131).

WORKS OF ART, &c., Damaging. See Offence 362, tit.

"Malicious Injuries."

WORKSHOPS REGULATION.

8. 49.

524. Forging or counterfeiting any certificate required by act M. 30 & 31 Vict. c. 146, [i.e. of teacher as to school attendance of children, ss. 16,

17], or giving or signing any such certificate falsely,-
or wilfully making use of any forged, counterfeited, or
false certificates,- -or aiding in or conniving at any of
these offences.

8. 17.

525. Forging or counterfeiting Home Secretary's certificate of appointment of inspector or sub-inspector of factoriesor making use of any forged, counterfeited, or false certificate, or falsely pretending to be an inspector or subinspector of factories.

WOUNDING.

66

See Offences 46, 47, 65, titles "Assaults" and
Attempt to Murder."

M. Id. s. 20.

persons in general without warrant and issue of search warrant (Note 78, ante, p. 1106); sect. 115, as to Admiralty jurisdiction; sect. 116, as to form of indictment for subse quent offence; sect. 117, fine and sureties in addition to imprisonment, &c.; sect. 118, as to hard labour; sect. 119, solitary confinement and whipping; and sect. 121, costs

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131 "WOMEN: "A conspiracy to attain this object is a misdemeanor at common law (Reg. v. Mears and Chalk, 2 Den. C. C. 79; 20 L. J. (N. S.) M. C. 59).

PART III.

OTHER PROCEEDINGS OUT OF SESSIONS.

CHAPTER I. MATTERS TO BE DONE IN SPECIAL SESSIONS.
II. MATTERS TO BE DONE IN PETTY SESSIONS, OR BY
ONE JUSTICE.

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observations.

CHAPTER I.

MATTERS TO BE DONE IN SPECIAL SESSIONS. 1

Preliminary We have explained in Vol I. pp. 69, 70, what is a special sessions, and given a tabular view of the purposes for, and the periods of the year at which they are required in certain cases to be holden. Of course, none of the general provisions of the 11 & 12 Vict. c. 42 (as to indictable offences) apply; nor can 11 & 12 Vict. c. 43 (as to summary convictions and orders), be made available in these matters, either as to the time for making the complaint, or the processes to be issued, as 11 & 12 Vict. c. 43, s. 35, excepts all matters other than summary convictions and orders, or as to the costs on complaints. Many of the matters, however, in this chapter, to which there are two parties, the provisions of the 20 & 21 Vict. c. 43, and 42 & 43 Vict. c. 49, treated of in Vol. I. p. 263, as to stating a a case for the opinion of a superior court, will apply.

Mode of con

cial sessions.

The general mode of convening a special sessions (where vening a spe- notice of it is to be given to other persons than justices) was formerly by a precept under the hands of two justices directed to the high constable of the hundred, who issued his warrant to the petty constables of the several parishes, commanding them to do the act or acts required of him. In particular

1 In well-regulated courts of special sessions, minutes of the proceedings are entered and kept in a separate book, called "The Special Sessions Book."

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tices.

cases the statute provides for the manner of convening it, but none fixes the length of notice, except the Game Act, 1 & 2 Will. 4, c. 32, s. 18, and the Theatres Act, 6 & 7 Vict. c. 68, s. 5, which in each case is seven days. With respect now to Notice to jusconvening the justices together, 7 & 8 Vict. c. 33, s. 7, after reciting that "it is expedient to relieve high constables from "the duty of serving notices of the holding of special sessions "on the justices of the peace of the division of special sessions "personally," enacts,

"That from and after the passing of this act, in all cases in which special sessions are required to be holden for any division of any county or place, if notice of the intended holding of such special sessions be signed by any one justice of the peace usually acting within such division, and if a copy of such notice be sent by post 2 a reasonable time before the day on which such sessions are to be holden, addressed to each justice of the peace resident and usually acting within such division at his residence in such division, such notice shall be deemed to have been duly given to or served on each such justice of the peace, any law or custom to the contrary notwithstanding."

7 & 8 Vict. c. 33, s. 7.

And by "The High Constables Act, 1869," 32 & 33 Vict. How notices c. 47, which practically abolishes the office of high constable to other peras regards proceedings before justices, sect. 3, it is enacted,

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"It shall be the duty of the clerk to the justices of the peace in each petty sessional division, other than those which are either wholly or partly within the metropolitan police district or the city of London, to send by post to the proper parties 3 in such division all

2 The best proof of service would be by sending it as a registered letter, and the signature to the receipt proved.

3 The intention of the act, as appears by this section, is to place the clerk to the justices in the place of the high constable in all the special sessions cases upon which this section is to operate (the precepts to him being dispensed with), and the clerk to the justices must, consequently, perform all the duties which the high constables used to perform in such cases. Neither the duties of other persons, i. e. petty constables, nor any other requirement of the statutes relating to special sessions, appears to be interfered or dispensed with by this section. As the justices, and not their clerk, are to fix the days of holding special sessions for any purpose, the justices should make some appointment of the day, and this it would seem cannot be done more conveniently than by a precept addressed to their clerk in the same form as before usually directed to the high constable, and then the clerk to the justices should address a warrant to the petty constables, (where that course was formerly required to be taken by the high constable in any case), with the notice to be delivered to other parties, or affixed on church doors, &c., for the words in the section, "send by post to the proper parties," cannot be applied to notices required by the law to be affixed on the doors of churches, &c., and therefore it will be

sons are to be

sent.

32 & 33 Vict.

c. 47, s. 3.

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32 & 33 Vict. c. 47, s. 3.

Forms.

Proof of con-
vening.
Open court.

Adjournments.

notices of the holding of special or other sessions, of days of appeal, and of any other matter or thing (except such as relate to claims against the hundred 4 or other like district, or to parliamentary or municipal elections, or the registration of electors) of which notices are now by law or custom served upon or sent to any parochial officer or other person by high constables,-and no precept or notice to perform any such duty in any such division shall hereafter be issued to any high constable, after the passing of this act."

For the general forms for convening special sessions, see Oke's "Formulist," 6th ed. pp. 613, 614.

Proof of the special sessions having been legally convened should be given before entering upon the business of it.

The room or place is an open court for the purpose of hearing special sessions matters.

There is no general statutory power to adjourn a special sessions, unless the case is one which falls within the operation of the 11 & 12 Vict. c. 43, s. 1. Some general provision is needed under the acts 9 Geo. 4, c. 61; 5 & 6 Vict. c. 109; 5 & 6 Will. 4, c. 76; 5 & 6 Will. 4, c. 50; 6 & 7 Vict. c. 68; and 2 & 3 Vict. c. 84; but the justices having once entered upon a matter in special sessions may, of course, adjourn the hearing or determination of the case. In case of an adjourned special sessions, it is prudent to give the like notice as for the original sessions.

ALEHOUSES, see tit. "Intoxicating Liquors," post.

APPEALS AGAINST RATES, see tit. "Poor," post.

BEERHOUSES, see tit. "Intoxicating Liquors," post.

BILLIARDS.

As to the grant of billiard licences for the keeping of "public billiard tables and bagatelle boards, or instruments used in any game of the like kind "-they are granted under the authority of 8 & 9 Vict. c. 109, s. 10, by justices at the general annual licensing

convenient still to employ the petty constable as before in these cases, and if in these it is desirable, to retain his services in all similar cases. The fees of the justices' clerks will not be affected by the new mode.

4 By sect. 5 of the act 32 & 33 Vict. c. 47, the chief constable of the county is substituted for the high constable in reference to claims against the hundred. See tit. "Hundred," post.

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