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c. 70.

24 & 25 Vict. or surveyors of any highway in England no such permission shall be valid without also it be approved by the justices acting in petty sessions for any petty sessional division within which it is proposed to use such locomotive." [Form of Approval, Oke's "Formulist," 6th ed. p. 830.]

34 & 35 Vict. c. 79.

Local Authorities' Regulations as to Hours for Locomotives passing through Streets, &c.] See 41 & 42 Vict. c. 77, s. 31, ante, p. 1237, hereon, Note 262, Vol. I. pp. 546-548.

LODGERS' GOODS PROTECTION.

Lodger, if Distress levied on his Goods, to make Declaration that immediate Tenant has no Property in Goods distrained.] 34 & 35 Vict. c. 79, "An Act to protect the Goods of Lodgers against Distresses for Rent due to the Superior Landlord," [passed 16th August, 1871], after reciting that "lodgers are subjected to great loss and injustice by the exercise of the power possessed by the superior landlord to levy a distress on their furniture, goods, and chattels for arrears of rent due to such superior landlord by his immediate lessee or tenant," enacts by sect. 1, "If any superior landlord shall levy or authorize to be levied a distress on any furniture, goods, or chattels of any lodger for arrears of rent due to such superior landlord by his immediate tenant, such lodger may serve such superior landlord, or the bailiff or other person employed by him to levy such distress, with a declaration in writing made by such lodger, setting forth that such immediate tenant has no right of property or beneficial interest in the furniture, goods, or chattels so distrained or threatened to be distrained upon, and that such furniture, goods, or chattels are the property or in the lawful possession of such lodger;-and also setting forth whether any and what rent is due and for what period from such lodger to his immediate landlord; 76-and such lodger may pay to the superior landlord, or to the bailiff or other person employed by him as aforesaid, the rent, if any, so due as last aforesaid, or so much thereof as shall be sufficient to discharge the claim of such superior landlord, [which by sect. 3 is to be deemed a valid payment on account of any rent due from him to his immediate landlord']. And to such declaration shall be annexed a correct inventory, subscribed by the lodger, of the furniture, goods, and chattels referred to in the declaration." 77

76 This apparently should be in the form of the statutory declaration under the 18th section of the 5 & 6 Will. 4, c. 62 (tit. "Oaths," post). 77 A lodger making or subscribing such declaration and inventory, knowing the same or either of them to be untrue in any material particular, is to be guilty of an indictable misdemeanor (s. 1). See this tit. in Chap. II. of the Part II., ante, p. 1122, Offence 335.

Justice's Order for Restoration of Goods distrained.] By sect. 2, 34 & 35 Vict. "If any superior landlord, or any bailiff or other person employed c. 79. by him, shall, after being served with the before-mentioned declaration and inventory, and after the lodger shall have paid or tendered to such superior landlord, bailiff, or other person the rent, if any, which by the last preceding section such lodger is authorized to pay, shall levy or proceed with a distress on the furniture, goods, or chattels of the lodger, such superior landlord, bailiff, or other person shall be deemed guilty of an illegal distress, and the lodger may apply to a justice of the peace for an order for the restoration to him of such goods;-and such application shall be heard before a stipendiary magistrate, or before two justices in places where there is no stipendiary magistrate, and such magistrate or justices shall inquire into the truth of such declaration and inventory, and shall make such order for the recovery of the goods or otherwise as to him or them may seem just,-and the superior landlord shall also be liable to an action at law at the suit of the lodger, in which action the truth of the declaration and inventory may likewise be inquired into."

(See Form Distress, No. 8, Oke's "Formulist," 6th ed., 154.)

LODGING HOUSES.

"The

"The Common Lodging Houses Act, 1851," is repealed by Public Health Act, 1875," s. 343, sch. 5, except so far as relates to the Metropolitan Police District.

I. Common Lodging Houses.

II. Lodgings for Labouring Classes.

I. Common Lodging Houses.

c. 28.

Registration, Bye-Laws, &c.] By "The Common Lodging Houses 14 & 15 Vict. Act, 1851," 14 & 15 Vict. c. 28, s. 6, the "local authority" was, within three months after the passing of the act [24th July, 1851], and from time to time thereafter to give the keeper of every common lodging house notice in writing of this act, and require the keeper to register his house; but 16 & 17 Vict. c. 41, s. 3, prohibits the keeping of such a house, and does not render a notice necessary. By sect. 7, the local authority is to keep a register of the houses; and by sect. 9, may make regulations respecting common lodging houses for all or any of the purposes for which the local board of health are by "The Public Health Act, 1848," authorized to make bye-laws [i. e. for fixing the number of lodgers who may be received into each registered house, for promoting cleanliness and ventilation therein, and with respect to the inspection thereof, and the conditions and restrictions under which such inspection may be made

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c. 28.

14 & 15 Vict. (11 & 12 Vict. c. 63, s. 66)], and for the well ordering of such lodging houses, and for the separation of the sexes therein, which regulations are to be confirmed by the secretary of state, and may impose penalties on offenders:-and a copy purporting to be signed by the secretary of state, and also to be signed by the local authority (or sealed if it have a seal), is to be receivable in evidence of such regulations, and of the duly making and confirming thereof (s. 10). By 16 & 17 Vict c. 41, the local authority may refuse to register houses, if keepers do not produce certificate of character (s. 4); a copy of the entry in the registry is evidence (s. 5); power to local authority to require an additional supply of water to lodging houses (s. 6); may order removal of sick persons from lodging houses to hospitals, &c. (s. 7); may order reports from keepers of lodging houses kept for beggars and vagrants (s. 8); may remove nuisances in or about a lodging house, as other bodies may do under Nuisances Act (s. 9). The expenses of executing the act by justices are to "be paid " as part of the general expenses of the constablewick of the place (14 & 15 Vict. c. 28, s. 4), and in places where the acts are executed by justices in petty sessions, out of the poor rates of the several parishes in proportion ordered by the justices (16 & 17 Vict. c. 41, s. 14).

14 & 15 Vict. c. 34.

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II. Lodgings for Labouring Classes.

'The Labouring Classes Lodging Houses Act, 1851," 14 & 15 Vict. c. 34, which may be adopted by the local authorities, is for the purpose of encouraging the establishment of well-ordered lodging houses for these classes, and has been adopted only to a limited extent. The act is amended by 29 Vict. c. 28, and 30 Vict. c. 28.

Officers not accounting-Recovery of Damages.] Sect. 33 incorporates (inter alia) the provisions of "The Companies Clauses Act, 1845," 8 & 9 Vict. c. 16, with respect to the accountability of officers (ss. 100-114) and the recovery of damages, &c. (ss. 142-160). See ante, p. 1350, tit. "Companies Clauses Act."

Disputes as to Compensation for Lands.] Sect. 34 incorporates "The Lands Clauses Consolidation Act, 1845," 8 & 9 Vict. c. 18, with it. See the matters treated of under tit. ante, pp. 1446-1447.

LONDON.

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Lands Clauses Act,"

We propose to give under this title a reference, more or less full, 79 to the principal statutes and sections relating exclusively to

79 It would occupy much more space than can be allotted to them in this work to give these enactments in any other form than is here adopted; and indeed, if given more fully, would be of very little use to the large majority of the purchasers of this work. To others, the information here afforded will in most cases be sufficient for all the purposes of a quick

reference.

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the procedure before and to subjects which are cognizable by the magistracy of the city of London and the other parts of the metropolis, and within the metropolitan police district. We would observe generally, that all the matters within the jurisdiction of the country justices under general acts applicable to the whole kingdom are, with few exceptions (which are at once known by the context of the respective titles), cognizable also by the several magistrates of the metropolis when the offences are committed or the matters arise there.

I. Police Authorities and Magisterial Districts, &c.
II. Jurisdiction and Procedure before Magistrates.
III. Offences and Matters of Jurisdiction, &c.

I. Police Authorities and Magisterial Districts, &c. City of London Police Force.] Established by 2 & 3 Vict. c. xciv. Metropolitan Police Force.] Established by 10 Geo. 4, c. 44; amended by 3 & 4 Will. 4, c. 89; 2 & 3 Vict. c. 47; 3 & 4 Vict. c. 84; 19 Vict. c. 2; 20 & 21 Vict. c. 64; 23 & 24 Vict. c. 135; 24 & 25 Vict. c. 51; 24 & 25 Vict. c. 124; 30 & 31 Vict. c. 39 (Receiver), and 34 & 35 Vict. c. 75 (Metropolitan Police Buildings).

"Metropolitan Police District."] Defined and limited by 10 Geo. 4, c. 44, ss. 4, 34; 2 & 3 Vict. c. 47, s. 2, and excludes the city of London; includes the whole of Middlesex, and parts of the counties of Surrey, Hertford, Essex and Kent, within a radius of about fifteen miles from Charing Cross.

"Metropolis."] In recent legislation this term includes the city of London, as for instance, Metropolitan Local Management (18 & 19 Vict. c. 120, s. 250), which is extended to the Building Act (18 & 19 Vict. c. 122, s. 4); to the Gas Act (23 & 24 Vict. c. 125, s. 4); and to "The Metropolitan Poor Act, 1867" (30 Vict. c. 6, s. 3); Metropolitan Burials Act (15 & 16 Vict. c. 85, s. 53), extended to Smoke Nuisances (16 & 17 Vict. c. 128, s. 6), and Fire Brigade (28 & 29 Vict. c. 90, s. 2); Public Health Act, 1875.

Central Criminal Court.] The limits of this court are defined by 4 & 5 Will. 4, c. 36, s. 2, to be the :-city of London ;-county of Middlesex;-parts of Essex, viz., parishes of Barking, East Ham, West Ham, Little Ilford, Low Layton, Walthamstow, Wanstead, St. Mary, Woodford and Chingford;-parts of Kent, viz., parishes of Charlton, Lee, Lewisham, Greenwich, Woolwich, Eltham, Plumstead, St. Nicholas Deptford, St. Paul Deptford (part of), the liberty of Kidbrooke and the hamlet of Mottingham;-parts of Surrey, viz., the borough of Southwark, the parishes of Battersea, Bermondsey, Camberwell, Christchurch, Clapham, Lambeth, St. Mary Newington, Rotherhithe, Streatham, Barnes, Putney, St. Paul Deptford (part of), Tooting Graveney, Wandsworth, Merton, Mortlake, Kew, Richmond,

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Wimbledon, the Clink Liberty and the district of Lambeth Palace. That act has been amended in other respects by 7 Will. 4 & 1 Vict. c. 77; 9 & 10 Vict. c. 24, s. 2; 14 & 15 Vict. c. 55, s. 13. See 19 & 20 Vict. c. 16, and 25 & 26 Vict. c. 65, as to the removal of certain offenders for trial at this court.

Police Courts of the Metropolis.] The divisions assigned to these courts in the metropolitan police districts are fixed by order in council (2 & 3 Vict. c. 47, s. 11; 2 & 3 Vict. c. 71, ss. 1, 2), and may be altered from time to time (3 & 4 Vict. c. 84, s. 2). The magistrates' courts in the city are called "justice rooms (11 & 12 Vict. c. 42, s. 30; 11 & 12 Vict. c. 43, s. 34).

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Middlesex.] As to the sessions, 7 & 8 Vict. c. 71; 14 & 15 Vict. c. 55, ss. 14, 15, 16; 22 & 23 Vict. c. 4. Petty sessional divisions, 9 Geo. 4, c. 43, s. 13; 6 Will. 4, c. 12, s. 6; 14 & 15 Vict. c. 55, s. 17. Justices.] The lord mayor, aldermen, and recorder of the city; the police magistrates; the county justices; and the police commissioners of the metropolis, whose several powers and jurisdiction in the different parts of the metropolis are briefly stated under the next heading.

II. Jurisdiction and Procedure before Magistrates. Jurisdiction.] The jurisdiction of the several magistrates may be thus summarized:

1. As regards the City Justices.]-They have exclusive jurisdiction within the city in the matters arising there, except in a few cases; 80 one justice has, in all ordinary cases, the power of two justices (11 & 12 Vict. c. 43, s. 34; 11 & 12 Vict. c. 42, s. 30), and the same jurisdiction over offences as a police magistrate has out of the city under 2 & 3 Vict. cc. 47, 71, and 3 & 4 Vict. c. 84, s. 6. 81 They cannot act alone in

80 Under certain statutes, the police magistrates have authority in regard to offences and matters actually arising within the city, viz.:(1.) Offences against the Hackney Carriage Act (16 & 17 Vict. c. 33, s. 18: and see 1 & 2 Will. 4, c. 22, s. 62), but not under the other acts,-concurrently with the city justices: (2.) Offences and cases under the Metropolitan Buildings Act (18 & 19 Vict. c. 122, s. 103), concurrently with the city justices: (3.) Excise and post office cases are also taken at Bow Street Police Court, except misdemeanors occurring within the city: (4.) A Bow Street police magistrate has special and exclusive powers under "The Extradition Act, 1870," 33 & 34 Vict. c. 52 (sec ante, p. 914). The same power is given as to the apprehension of ticket-of-leave men by 16 & 17 Vict. c. 99, s. 11.

81 The jurisdiction given to them by 3 & 4 Vict. c. 84, s. 6, among others, is,-power to inquire into and declare fairs unlawful (2 & 3 Vict. c. 77, s. 39); to punish summarily for unlawful possession of goods (2 & 3 Vict. c. 71, ss. 24, 26); to order delivery of goods stolen, &c., and in possession of brokers, constables, &c. (ss. 27, 28, 29); or goods, &c., unlawfully detained from owners (s. 40); and to punish summarily for a variety of offences and nuisances against those acts, as well as against the 10 Geo. 4, c. 44, which is to be construed as one act with them

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