« EdellinenJatka »
sengers or any of them for such passage, from the party to whom 26 & 27 Vict. or on whose account the same may have been paid, or from the c. 51. owner, charterer or master of such ship, or any of them, at the option of such passenger or emigration officer :-provided that the said emigration officer may, if he shall think it necessary, direct that the passengers shall be removed from such damaged 'passenger ship,' at the expense of the master thereof.” A penalty of not exceeding 408., or imprisonment not exceeding one calendar month, is imposed by the same section on a passenger refusing to leave the ship after such direction (Offence 46, Vol. I. p. 756). 179
II. Procedure on Complaints. The time of proceeding is to be within twelve calendar months, 18 & 19 Vict. provided for by 18 & 19 Vict. c. 119, s. 94;—who may prosecute, c. 119. by sect. 84;—the justices to adjudicate on complaints are to be “two or more justices of the peace (s. 85), or a police or stipendiary magistrate (s. 86);—the summons and the service of it are provided for also by sect. 83. Vide the provisions set out in Note 429, Vol. I. p. 748. That section (s. 85) applies as well to the recovery of penalties as to “all sums of money made recoverable under this act, by way of passage money, subsistence money, compensation, or damages, for the breach of any stipulation in any contract ticket.” Vide Oke's “ Formulist,” 6th edit. pp. 379, 380, for Forms of Summons to Defendant or a Witness, and Adjudications, and vide Note 430, Vol. I. p. 749.
III. Granting Passage Brokers' and Emigration Runners'
Licences. Licensing Passage Brokers.] By 18 & 19 Vict. c. 119, s. 67, any Sect. 67. person wishing to obtain a licence to act as a passage broker in respect of passages from the United Kingdom to any place out of Europe, and not being in the Mediterranean Sea, is to make application for the same to the justices at the petty sessions held for the district or place in which such person has his place of business ;and such justices (if they think fit) may grant a licence for that purpose, according to the form in the Schedule (E), which is to continue in force until the 31st day of December in the year in which it is granted, and for thirty-one days afterwards, unless sooner forfeited as herein mentioned :—and upon granting such licence, the justices are to cause a notice thereof, according to the form in Schedule (F), to be transmitted forthwith by the post to the emi
179 By 26 & 27 Vict. c. 51, s. 15, governors or consuls may send on 26 & 27 Vict. passengers if the master of the ship fail to do so; and by sect. 16 the c. 51, s. 15. expenses incurred in so doing, or under sect. 52 of the act of 1855, are to be recoverable from the owner, &c., as a debt due to the crown ; but passengers forwarded by a governor or consul are not entitled to return of passage money.
18 & 18 Vict. gration commissioners at their office in London :—but no suel c. 119.
licence is to be granted, unless the party applying shall show the satisfaction of the justices, that he has given bond to her Majesty, her heirs and successors, as required by sect. 66, and had deposited one part thereof at the office in London of the commis sioners, or is a sworn broker of the city of London, and has it either case given notice to the commissioners fourteen clear days at least before of his intention to apply for the licence, the notion being transmitted by the post to the office in London of the commissioners, and in the form contained in the Schedule (G). By the same section, if a passage broker is convicted of an offence against the act, the justice may adjudicate his licence to be forfeited. [Vide the forms referred to in this section, Oke's “ Formulist,” 6: ed. pp. 934—956.] The acting as a passage broker without a licence subjects the offender to a pecuniary penalty. See Offense
52, Vol. I. p. 756. Sect. 76. Licensing Emigrant Runners.] By 18 & 19 Vict. c. 119, s. 7b,
the justices of the peace at any petty sessions, held for the district
180 Definition of “ Emigrant Runner."] By 18 & 19 Vict. c. 119. sa the expression “ emigrant runner" is to signify every person other tha: a licensed passage broker, or his bona fide salaried clerk, who within ass port or place of shipping, or within five miles of the outer boundaries thereof, for hire or reward, or the expectation thereof, shall din tiyar indirectly conduct, solicit, influence or recommend any intending t.grant to or on behalf of any passage broker, owner, charterer or rastet of a ship, lodging-house, or tavern or shopkeeper, noney changer, ut other dealer or chapman, for any purpose connected with the pa paritions or arrangements for a passage, or shall give or pretend to give to any intending emigrant any information or assistance in any way reisting to emigration.
181 Tide Form, No. 4, Oke's “ Formulist," 6th ed. p. 955.
STAMPS. Search for Forged Dies, &c.] By “The Stamp Duties Manage- 33 & 34 Vict. ment Act, 1870,” 33 & 34 Vict. c. 98, s. 19, “on information given c. 98. before any justice of the peace upon oath that there is just cause to suspect any person of being guilty of any of the offences aforesaid [i.e. in sect. 18, forgery of stamps, indictable; see Offences 495, ante, p. 1174], such justice may, by a warrant under his hand, cause every dwelling-house, room, workshop, outhouse or other building or place belonging to or occupied by the suspected person, or where he is suspected of being or having been in any way engaged or concerned in the commission of any such offence, or of secreting any forged die or stamp, or any machinery, implements, or utensils applicable to the commission of any such offence, to be searched, -and if upon such search any of the said several matters and things are found the same may be seized and carried away, in order that they may be produced in evidence against any offender, and shall afterwards, whether produced in evidence or not, by order of the court or judge before whom such offender is tried, or in case there shall be no such trial, by order of some justice of the peace, be delivered over to the commissioners, to be defaced or destroyed or otherwise disposed of as they may think fit."
Search Warrant for Stamps stolen or unlawfully obtained.] By sect. 23 (1.) “Any justice of the peace having jurisdiction in the place where any stamps are known or supposed to be concealed or deposited, may, upon reasonable suspicion that the same have been stolen or fraudulently obtained, issue his warrant for the seizure thereof, and for apprehending and bring before himself or any other justice within the same jurisdiction the person in whose possession or custody such stamps may be found, to be dealt with according to law :
(2.) If such person omits or refuses to account for the possession of such stamps, or is unable satisfactorily to account for the possession thereof, or if it does not appear that the same were purchased by him at the chief office or at one of the head offices, or from some person duly appointed to sell and distribute stamps or duly licensed to deal in stamps, such stamps of which no account or no satisfactory account is given, or which do not appear to have been so purchased as aforesaid, shall be forfeited to her Majesty, her heirs or successors, and shall be accordingly condemned by such justice and delivered over to the commissioners:--and any stamps so condemned shall be kept by the commissioners for the space of six months, and afterwards cancelled and destroyed, or disposed of as the commissioners think fit:
(3.) Provided, that if at any time within six months after such condemnation any person makes out to the satisfaction of the commissioners that any stamps so condemned were stolen or otherwise fraudulently obiained from him, and that the same were purchased by him at the chief office or one of the head offices, or from some person duly appointed to sell and distribute stamps, or duly licensed to deal in stamps, such stamps may be delivered up to him.”
V. Hou Recognizances estreated.
I. Complaint for Sureties for the Peace. Since the passing of the Summary Jurisdiction Act, 1879 (42 & 43 Fict. C. 19), a great alteration has been introduced into the law as affecting sureties to keep the peace or be of good behaviour. Until the enactment of this statute, a defendant upon such a complaint was not permitted to controvert the truth of the facts stated by the complainant; all that he was permitted to do being to show that the complain: was preferred from malice alone, or explain any portions of it that may have been ambiguous, the simple matter for the consideration of the justices being whether or not they believed the complainant upon his oath. By the present enactment, this is altered, and applications for sureties to keep the peace or be of good behaviour are placed upon the same footing as any other application. Thus, by the above statute, it is enacted:
* 25. Procedure before Court of Summary Jurisdiction in case of Sureties to keep the peace.] The power of a court of summary jurisdiction, upon complaint of any person, to adjudge a person to enter into a recognizance and find sureties to keep the peace or to be of good behaviour towards such first-mentioned person, shall be exercised by an order upon complaint, and the Summary Jurisdiction Acts shall apply accordingly, and the complainant and defendant and witnesses may be called and examined and crossexamined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint.
“The court may order the defendant, in default of compliance with the order, to be imprisoned for a period not exceeding, if the court be a petty sessional court, six months, and if the court be a court of summary jurisdiction other than a petty sessional court, fourteen days."
By a subsequent section in the same statute provisions are enacted for enforcing the recognizances, thus sect. 9: “(2.) Where a recognizance conditioned to keep the peace or to be of good behaviour, or not to do or commit some act or thing, has been entered into by any person as principal or surety before a court of summary jurisdiction, that court or any other court of summary jurisdiction acting for the same county, borough, or place, upon proof of the conviction of the person bound as principal by such recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge such recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound.
“ (3.) Except where a person seeking to put in force a recognizance to keep the peace or to be of good behaviour, by notice in writing, requires such recognizance to be transmitted to a court of general or quarter sessions, the recognizances to which this section applies shall be dealt with in manner in this section mentioned, and notwithstanding any enactment to the contrary, shall not be transmitted nor shall the forfeiture thereof be certified, to general or quarter sessions.
“(4.) All sums paid in respect of a recognizance declared or adjudged by a court of summary jurisdiction in pursuance of this section to be forfeited shall be paid to the clerk of such court, and shall be paid and applied by him in the manner in which fines imposed by such court, in respect of which fines no special appropriation is made, are payable and applicable."
One justice, upon complaint on oath being made to him that from threats, &c. used within his jurisdiction towards the complainant, he fears another person will do him, his wife or child, some personal injury (not his property, except, indeed, threats to fire his house), &c. may issue his warrant or summons (the service of which should be personal), if he thinks sureties ought to be given. The complaint should be made shortly after the affray or cause of fear has arisen (Dennis v. Lane, 6 Mod. 131);—and it must not be a conditional or contingent threat on the complainant doing something which he had no right to do, or which it was not necessary for him to do in the course of his business; but if it is so necessary, then such a threat is cognizable by justices (Reg. v. Mallinson, 20 L. J. (N. S.) M. C. 33). Upon the party being brought before a justice, the complaint is read over to him, and he is asked, if he have any cause to show why he should not give the required sureties. A verbal complaint will do, and even when the party is before the justice on another charge. [Vide Mr. Justice Blackburn's observations in Ex parte Duvis, 24 Law T., N. S. 547.] [Vide various forms of complaint, summons, warrant, &c., Nos. 1--12, Oke's “ Formulist,” pp. 9.56-958, 6th ed.]