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make, and when made vary or revoke, an order placing such 34 & 35 Vict. restrictions as they think expedient on all dogs not being under c. 56. the control of any person during such period as may be prescribed in such order throughout the whole of their jurisdiction, or such part thereof as may be prescribed in such order. Any person who acts in contravention of any order made in pursuance of this section shall be liable to a penalty not exceeding twenty shillings. [Recovered as Offence 2, tit. “Dogs," Vol. I. p. 398.] Due notice of such order shall be published, at the expense of the local rate. The provisions in this act contained as to the detention and sale or destruction of dogs found straying on the highway shall apply to dogs found at large in contravention of any order made in pursuance of this section.”

c. 38.

DRAINAGE. Injuries to Lands by non-maintenance of Banks, &c.] By 10 & 11 10 & 11 Vict. Vict

. c. 38, for "facilitating the drainage of lands,” s. 14, where, by neglect of parties to join in maintaining, &c., banks lying near certain lands, injury is occasioned to the same, the occupiers may, after giving notice, maintain the same, and recover the expenses, if not paid within one calendar month after demand, by making an application to any justice [of the county and not interested, s. 19, which would be a complaint within the 11 & 12 Vict. c. 43, s. 11, Vol

. I. p. 135], who summons the proprietor or occupier before two justices ;-upon appearance the justices may make an order for payment, and the amount can be recovered by distress (s. 16);and in default of distress there may be imprisonment, under 11 & 12 Vict. c. 43, s. 22, Vol. I. p. 228, for not exceeding three calendar months, without hard labour. [Forms of Complaint, &c. Nos. 1—4, Oke's “ Formulist,” 6th ed. p. 760.]

By sect 15, no entry is to be made on the lands of occupier neglecting to maintain banks, &c. without the warrant of two justices. [Forms, Nos. 5–7, Oke's “ Formulist,” 6th ed. pp. 760, 761.]

Drainage of Land for Agricultural Purposes.] “The Land Drainage 24 & 25 Vict. Act

, 1861," applies to commissions of sewers granted under it, as well as to those granted previously (but see ss. 2, 54, 57), and is divided into three parts, under which we will refer to the matters which

may come before justices :-
1. Districts to which Commissions of Sewers may issue.] Her

Majesty, on recommendation of the Inclosure Commissioners
(or application of proprietors of one-tenth part of the land
within the proposed boundaries, ss. 5, 6), may direct a com-
mission of sewers to issue and assign limits thereto (s. 4), by
which commissioners are named and appointed; her Majesty

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c. 133.

in England not included in the above description, the justices in petty sessions assembled at their usual place of meeting.


24 & 25 Vict. c. 133.

filling up vacancies as they arise (s. 14). When such commission is in force, the following matters will be cognizable by justices:Two or more justices assembled in petty sessions may, if owner consents, decide the following questions arising upon the right of the commissioners to remove or otherwise interfere with any mill dam, weir or other obstruction to the water, i.e.-(1.) Whether the proposed removal or interference is necessary for the effectual drainage of land within the jurisdiction of the commissioners: (2.) Whether the proposed removal or interference will cause any injury to the owner : (3.) Whether any injury that may be caused by the removal or interference is or is not of a nature to admit of being fully compensated for by money (s. 18, and see s. 50 as to assent

of owners). If the decision is that the commissioners are entitled to remove

or interfere with such mill, &c. compensation may be settled

as under the Lands Clauses Act (see ss. 20, 50). As to the taking of lands, see sect. 28. Penalties.] A parish officer refusing to permit officer of com

missioners to inspect poor rate, or to take copies or extracts, not exceeding £5 (s. 39); persons draining into sewers of commissioners without their consent, not exceeding £5, and a further penalty of 408. for every day the offence is continued (s. 58). Recovered under 11 & 12 Vict. c. 43, Vol. I. pp. 127,

2. Elective Drainage Board Districts.] By sect. 63, proprietors

of not less than one-tenth part in acreage of any bog, moor
or other area of land that requires a combined system of
drainage, warping or irrigation, may, with consent of the
Inclosure Commissioners, and subject to the confirmation of
parliament (see s. 64), constitute such bog, &c. a separate
drainage district; but this will not include any place within
the limits of a commission of sewers, or any borough, or
a local board of health, without the consent of the local
authority in such place, but the drainage board constituted
will supersede the powers of commissioners of sewers in the
district (ss. 66, 67). The members of a drainage board are
named in the provisional order of the Inclosure Commis-
sioners, as well as the mode of election in subsequent years
(see ss. 68, 69, 70, and schedule, Part I. of act). By sect. 71,
certain provisions of 10 & 11 Vict. c. 16, are incorporated
with this act, in which the following matters will come before
justices :-
A summary remedy before two or more justices against

collectors or other officers of the board failing to account
or to deliver up documents, &c. (10 & 11 Vict. c. 16,
ss. 70—73).

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Two justices may settle amount of compensation to be paid 24 & 25 Vict. to auditors of accounts in case of dispute (Id. s. 92).

c. 133.
3. Power of Private Owner to procure Outfalls.] Persons in-

terested in land, who are desirous to drain the same, may
apply in writing to adjoining owner for leave to make drains
and improvements through or on his lands (ss. 72, 73); the
assent of adjoining owner to be made by deed under seal
(s. 74).
The matters on which justices can act are:-
In determining disputed cases of compensation to occupiers

or persons other than the owner interested in the lands,
for the injury sustained by the making of the drains, &c.,
which is the same as the manner directed by the Lands

Clauses Act (see "Lands Clauses Act,post) (s. 74).
By sect. 76, the adjoining owuer is to be deemed to have
dissented from the application made to him if he fail to
express assent thereto within one month after service of
the application; and in the event of such dissent there
shall be decided, by two or more justices in petty sessions
assembled, unless the adjoining owner require the same
within the month to be decided by arbitration, the ques-
tions following :-(1.) Whether the proposed drainage or
improvements in drains will cause any injury to the
adjoining owner, or to the occupier or other person in-
terested in the lands: (2.) Whether any injury that may
be caused is or is not of a nature to admit of being fully
compensated for by money. If the decision is that such
injury will be caused, and is of a nature to be so com-
pensated, the justices are to proceed to assess such
compensation, and to apportion the same amongst the
parties in their judgment entitled thereto. By sect. 78,
the justices, in the event of their approving of a scheme
of drainage as proposed by the applicant or as modified
by themselves, are to cause a map thereof to be prepared
and certify its correctness. [Costs of application to be

paid by applicant (s. 82).]
Disputes as to the efficiency of drains laid down or diverted

by adjoining owner in lieu of those made by other owner,
to be decided by two or more justices assembled in petty

sessions (s. 80).
Penalty on persons obstructing or injuring any drains or

improvements in drains made under the act, not exceed-
ing £10 (s. 81); recovered under 11 & 12 Vict. c. 43.

DRUNKARDS (HABITUAL).-See" Habitual Drunkards."

18 & 19 Vict. c. 132.

DWELLING-HOUSES. For Labouring Classes.] Certain provisions of the 8 & 9 Vict. cc. 16, 18, are incorporated with this act (ss. 5, 15).

24 & 25 Vict. c. 53.

ELECTIONS (PARLIAMENTARY). Voting Papers for Members for Universities.] By 24 & 25 Vict.c. 53, which allows of votes at elections being recorded by means of voting papers (of which a form is given in a schedule), s. 1, a roting paper, the date and names being previously filled in, is to be “signed by the voter in the presence of a justice of the peace for the county or borough in which such voter shall be then residing; and the said justice shall certify and attest the fact of such voting paper having been so signed in his presence, by signing at the foot thereof a certificate or attestation in the form or to the effect prescribed in the said schedule, with his name and address in full, and shall state his quality as a justice of the peace for such county or borough.” The 30 & 31 Vict. c. 102, s. 45, applies this provision to elections for the University of London. The form of declaration in 24 & 25 Vict. c. 53, here referred to, is not now required; and the 31 & 32 Vict. c. 65, s. 1, substitutes in place thereof the form of declaration following; that is to say,—“I solemnly declare that I verily believe that this is the paper by which A. B. (the voter) intends to vote pursuant to the provisions of the · Universities Election Acts, 1861 and 1868.?”


28 Vict. c. 36. Declaration hy County Voter on Change of Abode.] By 28 Vict. c.

36, “ The County Voters Registration Act, 1865," sect. 10, "any person whose name appears on the list of voters then in force, and whose then place of abode is not correctly stated in the said list, or who shall have received a notice of objection grounded on the second column of the list, and who shall have possessed on the last day of July the same qualification in respect of which his name has been inserted on the list, may, if he think fit, make and subscribe a declaration before any justice of the peace,-or any commissioner or other person authorized to administer oaths in any of her Majesty's superior courts at Westminster,-in the form contained in schedule (B.) to this act, or to the like effect.” [Form No. 2, Oke's “ Formulist,” 6th ed. p. 762.] The same section contains provisions that the declaration shall be dated, be sent to the clerk of the peace on or before the 14th September, who is to endorse the day of its receipt, and to deliver all such to the 18vising barrister, who is to receive the same as evidence without further proof, &c. &c.


EMPLOYERS AND WORKMEN ACT, 1875 (38 & 39 Vict. c. 90).

See " Apprentices." The above statute having conferred upon justices extensive 38 & 39 Vict. powers to deal civilly with the disputes between employers and c. 90. workmen, it will be desirable to consider the subject somewhat in the following order:I. Definitions.

III. Procedure. II. Jurisdiction of Justices. IV. Rules.

I. Definitions. Section 10 enacts, that:The expression “workman" does not include a domestic or menial servant, but, save as aforesaid, means any person who, being a labourer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labour, whether under the age of twenty-one years or above that age,

has entered into or works under a contract with an employer, whether the contract be made before or after the passing of this act, be express or implied, oral or in writing, and be a contract of service or a contract personally to execute any work or labour.

The expression “ Summary Jurisdiction Act” means the act of the session of the 11 & 12 Vict. c. 43, inclusive of any acts amending the same.

The expression “ court of summary jurisdiction ” means,
(1.) As respects the city of London, the lord mayor or any alder-

man of the said city sitting at the Mansion House or

Guildhall justice-room; and (2.) As respects any police court division in the metropolitan

police district, any metropolitan police magistrate sitting

at the police court for that division; and
(3.) As respects any city, town, liberty, borough, place or dis-

trict for which a stipendiary magistrate is for the time
being acting, such stipendiary magistrate sitting at a

police court or other place appointed in that behalf; and
(4.) Elsewhere, any justice or justices of the peace to whom

jurisdiction is given by the Summary Jurisdiction Act :
provided that, as respects any case within the cognizance
of such justice or justices as last aforesaid, a complaint
under this act shall be heard and determined and an order
for imprisonment made by two or more justices of the
peace in petty sessions sitting at some place appointed for

holding petty sessions.
Nothing in this section contained shall restrict the jurisdiction
of the lord mayor or any alderman of the city of London, or of any
0.8. VOL. II.

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