Sivut kuvina
PDF
ePub

Balances of outgoing Overseers.] The 29th section provides for 39 & 40 Vict. the discharge of the balances due to outgoing overseers.

Repeal of Exemption of Corporate Property.] The 30th section repeals so much of the 4 & 5 Vict. c. 48, as exempts the property of municipal corporations from being rated in the cases therein mentioned.

Broker's Charges.] By sect. 31, it is enacted, that in all cases where a warrant of distress is issued for the recovery of a poor rate, the person against whom the same is issued is to be liable to pay the cost of such warrant, and of the broker or other officer for his attendance to make the levy, although such person may tender the amount of the rate before the levy is made.

Justices to make Allowances to Clerks of Justices in respect of Jury Lists.] By sect. 32, the justices in quarter sessions are to make allowances, as compensation, to the clerks to the justices in the several divisions for their services in relation to the revision and allowance of the jury lists.

Appointment by Guardians of Visiting Officer.] The 33rd section authorizes the guardians or the managers of any district school to appoint and pay any officer to visit and report upon the condition, treatment and conduct of any poor child under the age of sixteen, who shall have gone into service from the workhouse, or from such district school.

III. The Law of Settlement.

Settlement by Residence.] By sect. 34, where any person shall have resided for the term of three years in any parish in such manner and under such circumstances in each of such years as would render him irremovable, he is to be deemed settled therein until he shall acquire a settlement in some other parish by a like residence or otherwise; provided that an order of removal, in respect of a settlement acquired under this section, is not to be made upon the evidence of the person to be removed, without such corroboration as the justices or court think sufficient.

Abolition of Derivative Settlements.] By sect. 35, no person is to be deemed to have derived a settlement from any other person, whether by parentage, estate or otherwise, except in the case of a wife from her husband, and in case of a child under sixteen, which child shall take the settlement of its father or of its widowed mother, as the case may be, up to that age, and shall retain the settlement so taken until it shall acquire another; and an illegitimate child is to retain the settlement of its mother until it shall acquire another settlement. If any child shall not have acquired a settlement for itself, or, being a female, shall not have derived a settlement from her husband, and it cannot be shown what settlement such child or female derived from the parent without inquir

c. 61.

e. 61.

39 & 40 Vict. ing into the derivative settlement of such parent, such child or female is to be deemed to be settled in the parish in which he or she was born.

17 Geo. 2, c. 3.

34 Geo. 3, e. 170.

1 Vict. c. 36.

Sect. 36 contains a provision for pending orders of removal.

Sect. 37 provides that rates made by overseers, not now audited, shall for the future be subject to the audit of the district auditor. Sect. 38 provides for an appeal to the local government board against the decision of the auditor in allowing, disallowing, or surcharging a sum in any account rendered to him jointly.

Sect. 39 applies to voting papers for guardians.

The remaining sections apply to a few matters of detail connected with the metropolis and the inns of court.

The allowance must be at the end of the rate (In re Justices of North Staffordshire, 23 L. J. (N. S.) M. C. 17; 22 Law T. 136).

Publication of Rate.] This is on the next Sunday after the allowance (17 Geo. 2, c. 3, s. 1); but the notice of the allowance need not be signed by the parish officers (Barnley v. Methley, 28 L. J. (N. S.) M. C. 152; 33 Law T. 132).

Excusing Rates.] Two justices, on application of person rated, may, on proof of inability through poverty to pay, and with consent of the parish officers, order such person to be excused (54 Geo. 3, e. 170, s. 11. 141 [Forms of Orders, Nos. 70, 71, p. 915, Oke's “Formulist,” 6th ed.]

POST OFFICE.

Recovery of Postage.] Not exceeding £20 from any person, or from any deputy, agent, or letter carrier, or any other person employed in receiving or collecting the postage of letters or any of the post office revenue, or from the sureties of any such last-mentioned person, before one justice. Summons; distress warrant; in default of sufficient distress, imprisonment in the prison of the place until debt and expenses paid (1 Vict. c. 36, s. 43).

Recovery of Postage of rejected Letters.] From the sender, as above mentioned (10 & 11 Vict. c. 85, ss. 12, 13, 14).

PRISON ACTS.

These are the 28 & 29 Vict. c. 126, and the 29 & 30 Vict. c. 100.

141 The practice adopted by some parish officers of making out a list of persons to be excused, and obtaining the signature of two justices thereto, is illegal, although done with a view of saving the poor persons the fees of the justices' clerk on each person's application (see Poor Law Commissioners' Report on Local Taxation, pp. 60, 61). The application of the party need not necessarily be made until the overseers attempt to enforce the rate.

PRISONS.

The Prison Act, 1877 (40 & 41 Vict. c. 21), entitled "An Act to 40 & 41 Vict. amend the law relating to Prisons in England," whilst it confers c. 21. upon the government the property and the general management of all gaols in England, still retains to the magistracy certain powers of supervision and inspection, which they are to exercise as visiting committees. The only portion, therefore, of the statute which need be noticed in these pages are the following sections:

"13. Appointment of Visiting Committee of Prisons.] On and after the commencement of this act there shall be repealed the fifty-third and fifty-fourth sections of the Prison Act, 1865, relating to the appointment and duties of visiting justices.

"A visiting committee shall be annually appointed for every prison under this act, consisting of such number of persons being justices of the peace to be appointed at such time and by such court of quarter sessions or such bench or benches of magistrates as the secretary of state, having regard to the locality of the prison, to the justices heretofore having jurisdiction over such prison, and to the class of prisoners to be confined in such prison, may from time to time by any general or special rule prescribe. In the following manner; namely,

"The justices of any county, riding, or liberty of a county having a separate court of quarter sessions shall appoint members of a visiting committee when assembled at such general or quarter sessions as may be prescribed by the secretary of state.

"The justices of a borough shall hold special sessions, at such time as may be prescribed by the secretary of state, for the purpose of appointing any members of a visiting committee they may be required to appoint.

"Provided that in the application of this act to the Worcester Prison, as constituted by the Worcester Prison Act, 1867, so long as the said prison is continued as a prison for the purposes of this act, the appointment of such number of justices of the city of Worcester as the secretary of state in pursuance of this section may prescribe to be appointed to serve on the visiting committee in respect of the said prison, shall be vested in the corporation acting by the council of the said city.

"Nothing in this act, or in any rules to be made under this act, shall restrict any member of the visiting committee for any prison from visiting the prison at any time, and any such member shall at all times have free access to every part of the prison, and to every prisoner therein.

"14. Duties of Visiting Committee.] The secretary of state shall, on or before the commencement of this act, make and publish, and may hereafter from time to time repeal, alter, or add to rules with 5 H

O.S.

VOL. II.

c. 21.

40 & 41 Vict. respect to the duties of a visiting committee, and such committee shall conform to any rules so made and for the time being in force, but subject as aforesaid the members of such committee shall from time to time and at frequent intervals visit the prison for which they are appointed, and hear any complaints which may be made to them by the prisoners, and, if asked, privately. They shall report on any abuses within the prison, and also on any repairs which may be urgently required in the prison, and shall further take cognizance of any matters of pressing necessity and within the powers of their commission as justices, and do such acts and perform such duties in relation to a prison as they may be required to do or perform by the secretary of state.

"The visiting committee shall be deemed to be visiting justices for all the purposes of the regulations relating to the punishment of prisoners numbered 58 and 59 in the first schedule annexed to the Prison Act, 1865, or either of such regulations, and any member of a visiting committee may exercise any power, or do any act, or receive any report which any one justice may exercise, do, or receive under the said regulations numbered 58 and 59, or either of them.

"Provided that an offender shall not be punished under the said sections 58 and 59, or either of them, by personal correction except in pursuance of the order of two justices of the peace after such inquiry upon oath and determination concerning the matter reported to them as is mentioned in the said regulation numbered

58.

"The visiting committee shall report to the secretary of state any matters with respect to which they may consider it expedient, and shall report to the secretary of state, as soon as may be and in such manner as he may direct, any matter respecting which they may be required by him to report.

"15. Visits to Prison by any Justice. Section fifty-five of “The Prisons Act, 1865," is hereby repealed, and instead thereof the following enactment shall take effect, viz.:

"Any justice of the peace, having jurisdiction in the place in which a prison is situate, or having jurisdiction in the place where the offence in respect of which any prisoner may be confined in prison was committed, may, when he thinks fit, enter into and examine the condition of such prison, and of the prisoners therein, and he may enter any observations he may think fit to make in reference to the condition of the prison or abuses therein in the visitors' book to be kept by the gaoler; and it shall be the duty of the gaoler to draw the attention of the visiting committee, at their next visit to the prison, to any entries made in the said book; but he shall not be entitled, in pursuance of this section, to visit any prisoner under sentence of death, or to communicate with any

prisoner, except in reference to the treatment in prison of such 40 & 41 Vict. prisoner, or to some complaint that such prisoner may make as to such treatment."

c. 21.

PRIZE FIGHTS.

A prize fight is a breach of the peace, and all persons present thereat, and who have gone there for the purpose of seeing it, are principals, and indictable for a misdemeanor (R. v. Perkins, 4 C. & P. 537). It is laid down that magistrates should cause the intended combatants [if resident or within their jurisdiction at the time of the application for the warrant, 11 & 12 Vict. c. 42, s. 1, ante, pp. 873, 891], to be brought before them, and bind them over to keep the peace till the next sessions or assizes (R. v. Billingham, 2 C & P. 234; 4 Dow. & R., Mag. Cas. 127), 142 but if they do not interfere till after the fight is over, they (i. e., the justices where it took place) may then issue their warrant for the assault and breach of the peace against any of the parties concerned, and commit them for trial or hold them to bail to answer the charge at the sessions or assizes in the ordinary way as with any other indictable offence (Offence 445, ante, p. 1156). By 31 & 32 Vict. c. 119, s. 21, a heavy penalty is imposed on railway companies for providing trains for conveying persons to prize fights, which is recoverable before two justices. See tit. "Railways," in Vol. I. p. 723, Offence 28.

PUBLIC HEALTH.

"The Public Health Act, 1875" (38 & 39 Vict. c. 55), in repeal- 38 & 39 Vict. ing all the previous statutes upon the subject (except so far as they c. 55. relate to the Metropolis), has, for the most part, confided to the local authorities therein named and constituted, the obligation of seeing its multifarious provisions carried into effect; and hence, the duty of the magistracy, except in special matters, is confined to that which appertains to them under the enactment of the 11 & 12 Vict. c. 43. It is with reference to these special matters alone that it will be necessary in this place to draw particular attention, and, as to them, it will be convenient that they should be arranged under the following sections:

I. As to Legal Proceedings.

II. As to Sewers and Drains.

III. As to Offensive Ditches and Collections of Matter.

IV. As to Power to close Polluted Wells, &c.

V. As to Abatement of Nuisances.

VI. As to Offensive Trades.

142 Vide tit. "Sureties," post; Forms of Complaint, &c., Oke's "Formalist," 6th ed. p. 956.

« EdellinenJatka »