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trary to this act, to give authority by special warrant under his 16 & 17 Vict. hand, when in his discretion he shall think fit, to
c. 119. constable or
any police officer, to enter, with such assistance as may be found necessary, into such house, office, room, or place, and, if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and to arrest, search, and bring before a justice of the peace all such persons found therein, and to seize all lists, cards, or other documents relating to racing or betting found in such house or premises ;-and any such warrant may be according to the form given in the first schedule annexed to the before-mentioned act “ to amend the Law concerning Games and Wagers.” See post, tit. “ Gaming Houses.” [Form, p. 778, Oke's“Formulist,"
BOOKS. By 7 Anne, c. 14, s. 10, if any book shall be taken or otherwise 7 Anne, c. 14. lost out of any parochial library, any justice may grant a warrant to search for it; and if it shall be found, it shall by order of such justice be restored to the library. [Form of Order, Oke’s “ Formulist," p. 732, 6th edit.]
BOROUGH RATES. Borough and watch rates are levied under the warrant of the mayor of the borough. Borough rates, by ; & 6 Will. 4, c. 76, 8. 92; 6 & 7 Will. 4, c. 104, s. 5; 7 Will. 4 & 1 Vict. c. 81, s. 1. Watch rates, 2 & 3 Vict. c. 28; 3 & 4 Vict. c. 28. District rates, by warrant of two justices, 8 & 9 Vict. c. 110, s. 7.
Borough rates in boroughs not within the Municipal Corporations Act, 17 & 18 Vict. c. 71.
BUILDING SOCIETIES. Justices have the same jurisdiction in respect to disputes in 6 & 7 Will. 4, building societies as they had previously to the passing of the c. 32. Friendly Societies Act, 18 & 19 Vict. c. 63, which then transferred the jurisdiction in respect to disputes in the latter societies to the county court, but is again given to the justices (see post, tit. “ Friendly Societies ”). The Building Societies Act, 6 & 7 Will. 4, c. 32, by sect. 4, provides, that all the provisions of the Friendly Societies Act, 10 Geo. 4, c. 56, and also the provisions of the act amending it, 4 & 5 Will. 4, c. 40, " so far as the same or any part thereof may be applicable to the purposes of any benefit building society, and to the framing, certifying, inrolling and altering the rules thereof, shall extend and apply to such benefit building society, and the rules thereof, in such and the same manner as if the provisions of the said acts had been herein expressly re-enacted.”
6 & 7 Will. 4, The 10 Geo. 4, c. 36, and 4 & 5 Will. 4, c. 40, are repealed by the c. 32.
18 & 19 Vict. c. 63, but this repeal does not affect building societies, for the effect of the incorporation of the 10 Geo. 4, c. 36, and 4 & 5 Will. 4, c. 40, is the same as if these acts had actually formed a part of the 6 & 7 Will. 4, c. 32. 23
The following is a reference to the provisions of the Building Societies Act:
For what Purposes Societies may be formed-Rules-Redemption of Mortgages by Members.] 6 & 7 Will. 4, c. 32, ss. 1, 3, 5, 7; 4 & 5 Will. 4, c. 40, s. 4.
Privileges of Societies and Members.] The taking of a bonus, &c., not to be deemed usurious, 6 & 7 Will. 4, c. 32, s. 2 (the usury laws were repealed, however, in 1854 by 17 & 18 Vict. c. 90). Rules and transfers of shares to be exempt from stamp duty (6 & 7 Will. 4, c. 32, s. 8); but not mortgages made after 10th August, 1870, except mortgages by members for securing repayment to the society of not exceeding 5001. (33 & 34 Vict. c. 97, s. 112).
Investment of Funds.] Not with the commissioners for the reduction of the national debt, 6 & 7 Will. 4, c. 32, s. 6.
The provisions of the earlier acts relating to friendly societies which apply to building societies are :
How Rules made and inrolled.] See ss. 1, 3, 7, of 6 & 7 Will. 4, c. 32, and 4 & 5 Will. 4, c. 40, s. 4.
Members obtaining Money by Fraud.] See 10 Geo. 4, c. 56, s. 25, tit. “Building Societies,” Vol. I. pp. 324, 325.
Where Disputes directed by Rules to be referred to Arbitration, and either Party does not conform thereto.] See 10 Geo. 4, c. 56, s. 27, which authorizes two justices to enforce the award by distress on the goods of the party or society. See Reg. v. Grant, 19 L.J. (N. S.) M. C. 59.
Where Disputes referred by Rules to Justices.] 10 Geo. 4, c. 56, 8. 28, provides, that, on refusal by a member or officer to comply with the rules, two justices may determine the complaint according to the rules, and if a sum ordered, to be levied by distress. See Hammond v. Bendyshe 18 L. J. (N. S.) M. C. 219.
Where Society neglected to appoint Arbitrators within Forty Days after Application, or the Arbitrators have not made any Award.] Two justices on complaint of member may determine the matter in dispute in the same manner as if the rules had directed disputes to be referred to justices (4 & 5 Will. 4, c. 40, s. 7).
Where Member expelled.] Where a member is expelled, and the
23 See R. v. Stock, 8 Ad. & E. 405; R. v. Merionethshire, 6 Q. B. 343; 13 L. J. (N. S.) M. C. 158; R. v. Breconshire, 18 L. J. (N. S.) M. C. 123; Walker v. Giles, 18 L. J. (N. S.) C. P. 323; Pearson v. Local Board of Health of Kingston-upon-Hull, 35 L. J. (N. S.) M. C. 36; 13 Law T., N. S. 180.
justices order him to be reinstated, the justices may order, in 6 & 7 Will. 4,
BURIAL BOARDS. The acts are, 15 & 16 Vict. c. 85; 16 & 17 Vict. c. 134; 17 & 18 Fict. c. 87; 18 & 19 Vict. cc. 78, 128; 20 & 21 Vict. c. 81 ; 22 Vict. c. 1; 21 & 22 Vict. c. 98, s. 49; 23 & 24 Vict. c. 64; 25 & 26 Vict. c. 100, and 34 & 35 Vict. c. 33. [Forms for the use of Vestries, &c., pp. 732—735, Oke's “ Formulist,” 6th edit.]
CATTLE DISEASES AND CATTLE PLAGUE. See tit. “Sheep •
and Cattle,” post.
CATTLE AND SHEEP. See “ Sheep and Cattle.” Owners of Dogs liable for Injuries to Cattle and Sheep.] By 28 & 29 28 & 29 Vict. Vict. c. 60, s. 1, “The owner of every dog shall be liable in damages C. 60. for injury done to any cattle or sheep by his dog ; 24-and it shall not be necessary for the party seeking such damages to show a previous mischievous propensity in such dog, or the owner's knowledge of such previous propensity, or that the injury was attributable to neglect on the part of such owner. Such damages shall be recoverable in any court of competent jurisdiction by the owner of such cattle or sheep killed or injured. Where the amount of the damages claimed shall not exceed five pounds, the same shall be recoverable in a summary way before any justice or justices sitting in petty sessions under the provisions of the act 11 & 12 Vict. c. 43,” -.e, on a complaint made within six calendar months (Id. s. 11, Vol. I. p. 135). An order for payment will, if proved, be made under B. 14 (Id. p. 192), and the amount adjudged recovered by distress (s. 19, Id. p. 225); in default imprisonment for not exceeding three calendar months unless sooner paid, with the costs (s. 22, Id. p. 228). [Forms, Nos. 144, p. 733, Oke's "Formulist,” 6th edit.]
24 Definition of " Owner" of Dog-Definition of " Cattle.”'] By sect. 2, "the occupier of any house or premises where any dog was kept or permitted to live or remain at the time of such injury shall be deemed to be the owner of such dog, and shall be liable as such, unless the said occupier can prove that he was not the owner of such dog at the time the injury complained of was comunitted, and that such dog was kept or permitted to live or remain in the said house or premises without his sanction or knowledge :-provided always, that where there are more occupiers than one in any house or premises let in separate apartments or lodgings or otherwise, the occupier of that particular part of the premises in which such dog shall have been kept or permitted to live or remain at the time of such injury shall be deemed to be the owner of such dog." In Wright v. Pearson (38 L.J.(N. S.) M. C. 312; 20 Law T., N. 8. 849), it was decided, that the term “ cattle” includes horses.
28 & 29 Vict. c. 60.
Protection from stray Dogs.] See 34 & 35 Vict. c. 56, post, tit. “ Dogs.”
10 & 11 Vict. c. 65.
CEMETERIES. "The Cemeteries Clauses Act, 1847,” 10 & 11 Vict. c. 65, the extent of which is shown in Note 70, Vol. I. p. 330, provides for various matters being heard and determined before justices, viz. :
The mode of determining questions of compensation with regard to lands taken or purchased, is to be the same as under the 8 & 9 Vict. c. 18, tit. “Lands Clauses Act,” post (s. 6).
Corrections of errors and omissions in schedule to special act, by two justices (s. 7).
Certain provisions of “The Waterworks Clauses Act, 1847," 10 & 11 Vict. c. 17, with reference to breaking up streets for laying down pipes, are by sect. 19, incorporated. See that title, post (ss. 31, 34).
Damages and penalties, and the determination of matters, are to be recovered and determined as under the 8 & 9 Vict. c. 20 (s. 62). See tit. “ Railways,” post.
CHALLENGE, see ante, p. 1156, post, tit. “ Prize Fights."
31 & 32 Vict. c. 109.
CHURCH RATES. “The Compulsory Church Rate Abolition Act, 1868,” 31 & 32 Vict. c. 109, passed on the 31st July, 1868, having, as its title imports, ["An Act for the Abolition of Compulsory Church Rates”] provided that hereafter no proceeding shall be taken before justices to enforce the payment of church rates (s. 1), except where any rate is made under a local act and levied partly for ecclesiastical purposes (s. 2), or where money is due on the security of such rates (s. 3). The law as to and the mode of recovering church rates (which appeared in this place in former editions) have been omitted from this edition, as they will not be of any further use, unless it be in the recovery of rates already made (s. 4). The act being an important one, we give it entire.
It recites that “church rates have for some years ceased to be made or collected in many parishes by reason of the opposition thereto, and in many other parishes where church rates have been made the levying thereof has given rise to litigation and ill-feeling: And whereas it is expedient that the power to compel payment of church rates by any legal process shall be abolished :" and then enacts as follows:
Compulsory Church Rates abolished.] Sect. 1. “From and after the passing of this act no suit shall be instituted or proceeding taken in any ecclesiastical or other court, or before any justice or magistrate, to enforce or compel the payment of any church rate made in any 31 & 32 Vict. parish 25 or place in England or Wales.”
c. 109. Saving of Rates called Church Rates, but applicable to secular Purposes.] Sect. 2. “Where in pursuance of any general or local act any rate may be made and levied which is applicable partly to ecclesiastical purposes 25 and partly to other purposes, such rate shall be made, levied, and applied for such last-mentioned purposes only, and so far as it is applicable to such purposes shall be deemed to be a separate rate, and not a church rate, and shall not be affected by this act. Where in pursuance of any act of parliament a mixed fund, arising partly from rates affected by this act and partly from other sources, is directed to be applied to purposes some of which are ecclesiastical purposes, the portion of such fund which is derived from such other sources shall be henceforth primarily applicable to such of the said purposes as are ecclesiastical.”
Provision where Money is due on Security of such Rates.] Sect. 3. "' In any parish where a sum of money is at the time of the passing of this act due on the security of church rates, or of rates in the nature of church rates, to be made or levied in such parish under the provisions of any act of parliament, or where any money in the name of church rate is ordered to be raised under any such provisions, such rates may still be made and levied, and the payment thereof enforced by process of law, pursuant to such provisions, for the purpose of paying off the money so due, or paying the money so ordered to be raised, and the costs incidental thereto, but not otherwise, until the same shall have been liquidated :-provided, that the accounts of the churchwardens of such parish in reference to the receipt and expenditure of the monies levied under such acts shall be audited annually by the auditor of the poor law union within whose district such parish shall be situate, unless another mode of audit is provided by act of parliament." Provision as to Church Rates already made.] Sect. 4.
Any church rate, or rate in the nature of church rate, made at auy time before the passing of this act, may be collected and recovered in the same way as if this act had not been passed."
Not to affect Enactments in Local Acts, dc. where Rutes are made for Purposes herein named.] Sect. 5.“ This act shall not affect ang enactment in any private or local act of parliament under the authority of which church rates may be made or levied in lieu of, or
25 Definition of " Ecclesiastical Purposer,” “Church Rate,” and “Parish.”] By xect. 10, in this act "ecclesiastical purposes” shall mean the building, rebuilding, enlargement, and repair of any church or chapel, and any purpose to which by common or ecclesiastical law a church rate is applicable, or any of such purposes..
“Church rate" shall mean any rate for ecclesiastical purposes as herein before defined. “ Parish ” shall mean any parish, ecclesiastical district, chapelry, or place within the limits of which any person has the exclusive cure of souls.