of the police rate (s. 13). As to providing lock-ups on the borders of counties at their joint expense, see 11 & 12 Vict. c. 101. By 19 & 20 Vict. c. 69, s. 22, where a station house, &c. has been provided under the above enactment for part of a county, the justices are to purchase the station house, &c., and pay for it out of the county rate, and if the cost of erecting has been made chargeable by mortgage on the police rate, the charge is to be transferred to the county rate. Sect. 23 incorporates the provisions of “The Lands Clauses Act, 1845," 8 & 9 Vict. c. 18, with it for purposes of purchases of station houses, &c., and sect. 24 extends the provisions of the 7 Geo. 4, c. 18, as to disposal of unnecessary station houses, &c. By "The Petty Sessions and Lock-up House Act, 1868," 31 Vict. c. 22 (which act is to be in addition to powers under other acts, s. 12), s. 6, "any local authority [i. e., the quarter sessions in counties, &c., and in boroughs having a separate commission the council, s. 3] may, with the approval of one of her Majesty's principal secretaries of state, contract with any neighbouring local authority for the reception by such authority into their lock-up house, and the custody and maintenance therein, of any persons who would otherwise be liable to be placed in a lock-up house situate within the jurisdiction of the former authority; "—and by sect. 7, such contracts may “include the costs of conveying such persons to and from such lock-up houses previous to their committal for trial, and also the costs of conveying them to prison when committed for trial." The lock-up house is to be deemed to be within the jurisdiction of the contracting authorities (s. 8), the expenses being defrayed accordingly (s. 9);-and the "London Gazette" containing an announcement of the approval of such contract is to be evidence of such fact (s. 10). Annual Statement of Crime.] 19 & 20 Vict. c. 69, s. 14, requires the justices of every county and the watch committee of every borough in October in every year, to transmit to the secretary of state a statement, in such form as he may direct, for the year ending the 29th of September then last, of the number of offences reported to the police, the number of persons apprehended by the police, the nature of the charges against them, the result of the proceedings taken thereupon, &c. ;-and a classified abstract of all such reports and returns is to be annually prepared and laid before parliament. 32 Execution of Warrants of Commitment.] 3 & 4 Vict. c. 88, s. 33, provides for the execution of commitments and the transference of 32 Pursuant to this enactment the criminal portion of the "Judicial Statistics" are now annually prepared and published under the superintendence of the Home Secretary. 15 & 16 Vict. c. 81. prisoners from station to station till they arrive at the gaol to which they are committed. II. Matter for Justices out of Sessions. The matters which justices of the peace out of quarter sessions have to do with on this subject, in addition to the offences above referred to, are: of Two or more justices, in petty sessions assembled, to approve the petty constables named by the chief constable (2 & 3 Vict. c. 93, s. 6), and to [take the declaration, 31 & 32 Vict. c. 72, s. 12, sub-s. 4] of the chief and other constables on their coming into office (Id. s. 8), which declaration may be administered by one justice, and it should be in the same form as for special constables under the 1 & 2 Will. 4, c. 41 (see ante, p. 1352), as 2 & 3 Vict. c. 93, s. 8, ante, p. 1367, incorporates the provisions of that statute in that respect with it: [The power given by 3 & 4 Vict. c. 88, s. 16, to appoint and swear in local constables is repealed by 22 & 23 Vict. c. 32, s. 28.] One justice to take the declaration [31 & 32 Vict. c. 72, s. 12, sub-s. 4] of a private constable appointed by the chief constable at the cost of an individual (3 & 4 Vict. c. 88, s. 19; 2 & 3 Vict. c. 93, s. 8). [Forms of Certificates, &c., Oke's "Formulist," 6th ed. p. 753.] COUNTY RATE. 33 Recovery of, in Unions.] By 15 & 16 Vict. c. 81, s. 26, the justices in quarter sessions are to send precepts direct to the guardians of unions for payment of county rates, who are to pay them (and see s. 34). [Forms of Precepts, Oke's "Formulist,” 6th ed. pp. 753, 754.] If the guardians fail to pay the same within the time limited, the justices may issue warrants to the overseers of parishes, &c. to pay the same, with 10s. per cent. in addition (s. 27); and if the overseers, &c., fail to pay the same, any one justice, on complaint of the clerk of the peace or treasurer of the county, may issue warrant of distress for levying the same on overseers', &c. goods (s. 28). [Forms, Nos. 3-5, Oke's “Formulist,” 6th ed. pp. 754, 755.] Parishes not in arrear with contribution are to be reimbursed by those which are in arrear (s. 29): see 21 33 In the cases under this title in which the justices issue a distress warrant without making an order, the proceedings are not within the 11 & 12 Vict. c. 43 (see Vol. I. p. 133). The "Union Assessment Committee Act, 1862," 25 & 26 Vict. c. 103, does not affect assessments for county rates made by the committee of justices under the 15 & 16 Vict. c. 81 (29 & 30 Vict. c. 78, s. 1). & 22 Vict. c. 33, where there are separate divisional county trea- 15 & 16 Vict. surers. Recovery of, from Parishes not in Unions.] By sect. 30, the justices in quarter sessions are to issue precepts to the overseers of parishes, &c. not comprised in unions, or only partly within the jurisdiction of justices, and the amount recovered in the same manner as in unions;—and by sect. 31, the powers of the act are to extend to places where there are no separate churchwardens, &c., or where no separate or distinct poor rate is made for any place extending into two or more counties, &c. Overseers of parishes, partly situated within boroughs and partly without, to collect the county rates leviable on the part of the parish not comprised within the borough from the parties assessed to the poor rate (s. 32), an appeal being allowed to such parties against the rate in like manner as on appeals against the poor rate (s. 33). Sect. 34 provides for the issue of a distress warrant for the amount in arrear on the overseers, as in cases where the parish is wholly situated in the county. Where High Constable in Office.] In counties in which the office of high constable is held for life, or during good behaviour, the county rate is to continue to be collected by him, until any vacancy occurs in the office by the expiration of his appointment, or otherwise [but see 32 & 33 Vict. c. 47, s. 4, now hereon since 6th August, 1869]; and the precepts before mentioned are to be directed to him, who will issue his warrants to the respective overseers;-and if overseers neglect to pay him, any justice of the county, upon complaint of such high constable, may issue distress warrant (s. 36); but if the high constable do not give approved security, the justices in quarter sessions are to order the overseers to pay the quota to the county treasurer (s. 37). Recovery of, from Borough Treasurers.] By sect. 38, any two justices of the county, upon complaint of the treasurer of the same county, made within one calendar month after the issue of any order upon the council of any borough by the treasurer, under 5 & 6 Will. 4, c. 76, ss. 114, 117, may issue to the borough treasurer a warrant, ordering him to pay to the county treasurer, over and besides the sum mentioned in the treasurer's order, the additional sum of 10 per cent. on the original order; and until payment thereof the county treasurer is to have all the powers for the recovery thereof as are given against overseers for the recovery of county rates and surcharges by this act. [As to parishes partly within and partly without a borough, see 29 & 30 Vict. c. 113, s. 13, applying 13 & 14 Vict. c. 101, s. 10, as to employing collector of poor rates in collecting county rate in such places.] c. 81. CUSTOMS. See p. 850, ante. 24 & 25 Vict. c. 110. 25 Geo. 2, c. 36. 52 Geo. 3, c. 155. 57 Geo. 3, c. 93. DEALERS IN OLD METALS. As to the issue of a search warrant for suspected articles, and as to the registration of dealers with the police, and the authority of the police to visit places of business of registered dealers, see the provisions of the 24 & 25 Vict. c. 110, in Notes 115, 116, Vol. I. pp. 388-392, and the necessary Forms, Oke's "Formulist," 6th ed. pp. 146, 150. DISEASES PREVENTION. See tit. "Contagious Diseases at Naval and Military Stations," ante, p. 1359, and tits. "Public Health," and "Sheep and Cattle," post. DISORDERLY HOUSES. Two justices (usually those attending the quarter sessions) are to ascertain the amount of the costs incurred in prosecuting a keeper of a disorderly house (25 Geo. 2, c. 36, s. 5), and grant a certificate thereof. [Form, Oke's "Formulist," 6th ed. p. 757.] DISSENTERS. Preachers to take the oaths and subscribe the declarations before preaching, or when thereunto required by a justice (52 Geo. 3. c. 155, ss. 5, 7), and justices to give a certificate thereof. [Form, p. 757, Oke's "Formulist," 6th ed.] Fee for certificate, 2s. 6d. (s. 8). As to the registration of buildings, see 15 & 16 Vict. c. 36, and 18 & 19 Vict. c. 81; and see also this title, Vol. I. p. 394. DISTRESS. Costs of Distress.] Where a distress is made for arrears of rent, [or for land tax, assessed taxes, poor's rates, church rates, tithes, highway rates, sewer rates, or any other rates, taxes, impositions or assessments whatsoever, 7 & 8 Geo. 4, c. 17] not exceeding £20, no greater charges than the following are to be taken in respect of the same (57 Geo. 3, c. 93, s. 1):— £ s. d. Appraisement, whether by one broker or more, of goods, 18. in the pound on the net produce . 0 10 0 These charges ought to be adopted in distresses for penalties on conviction, or sums ordered by a justice on complaint for wages, &c.; but there is no enactment on this subject. Vide penalties for taking more, tit. "Distress," Vol. I., Offences 3, 4, p. 396. DIVORCE. c. 85. Order to protect Wife's Earnings and Property.] By 20 & 21 Vict. 20 & 21 Vict. c. 85, "An Act to amend the Law relating to Divorce and Matrimonial Causes in England, s. 21, it is enacted,—" A wife deserted by her husband may at any time after such desertion, 34 if resident within the metropolitan district, apply 35 to a police magistrate,-36 or if resident in the country, to justices in petty sessions, or in either case to the court, [or to the judge ordinary, 21 & 22 Vict. c. 108, s. 6]-for an order to protect any money or property she may acquire by her own lawful industry, and property which she may become possessed of, after such desertion, against her husband or his creditors, or any person claiming under him, and such magistrate or justices or court [or judge ordinary], if satisfied of the fact of such desertion, and that the same was without reasonable cause, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order [which shall state the time at which the desertion in consequence whereof the order is made commenced,' 21 & 22 Vict. c. 108, 5.9] protecting her earnings and property acquired [and property vested in the wife as executrix, administratrix or trustee, 21 & 22 Vict. c. 108, s. 7] since the commencement [and property to which the wife is entitled for an estate in remainder or reversion at the date, Id. s. 8] of such desertion, 37 from her husband and all ( 34 As to what is "desertion," see Cargill v. Cargill, 27 L. J. (N. S.) Div. & M. 69; Cudlipp v. Cudlipp, 27 L. J. (N. S.) Div. & M. 64; Ward v. Ward, 27 L. J. (N. S.) Div. & M. 63; Thompson v. Thompson, 27 L. J. (N. S.) Div. & M. 65. 35 The application had better be a written one, and substantiated on oath [Form, No. 1, p. 755, Oke's "Formulist," 6th ed.], and it is recommended, when convenient, that notice be given to the husband of the intended application. 36 The City of London, not being within the metropolitan [police] district, nor the city justices police magistrates, they have no jurisdiction under this enactment. The court being in the city, application will be made there. 37 In the case of Ex parte Mullineux (27 L. J. (N. S.) Prob. & M. 19; 30 Law T. 352), the judge ordinary said, where the motion was for an order to protect certain property specified in the application of the wife"upon the facts stated by Mrs. M. in her affidavit, she is entitled to an order for the protection of the property she has acquired since the desertion. I cannot, however, give an order to protect any specific property. The order must be in general terms, leaving open the question of title to the specified property." By 21 & 22 Vict. c. 108, s. 8, the order shall, until reversed or discharged, so far as necessary for the protection of any person or corporation who shall deal with the wife, be deemed valid and effectual; and no discharge, variation, or reversal of such order is to prejudice or affect any rights or remedies which any person would have had in case the same had not been so reversed, varied or discharged in respect of any debts, contracts or acts of the wife incurred, entered into or done between the times of the making such order and of the discharge, variation or reversal thereof. By sect. 9, the order is, as regards all per |
