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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
II. Lodgings for Labouring Classes. 14 & 15 Vict. “ The Labouring Classes Lodging Houses Act, 1851," 14 & 15 c. 34.
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, 1843,” 8 & 9 Vict. c. 18, with it. See the matters treated of under tit. “ Lands Clauses Act," ante, pp. 1446—1447.
LONDON. 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.
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.
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. 133; 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 Grarcney, Wandsworth, Verton, Mortlake, Kew, Richmond, 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. 63, 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).
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 jurisdic
tion 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 seo 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 Fith the city justices: (3.) Excise and post office cases are also taken at Bor 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 Vic.. 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. 1, c. 14, which is to be construed as one act with them
special or potty sessions, nor under Criminal Justice and Juvenile Offenders Acts, and some other cases necessary to be heard “in petty sessions” under recent acts, like a police magistrate can. 82 Their warrants can be executed within the five metropolitan counties of Middlesex, Surrey, Kent, Essex and Hertford, without being backed by a local justice (2 & 3 Vict. c. xciv. s. 23). They have jurisdiction in quarter sessions, like county justices, except as to gaols, the prison authorities for the city being the “Court of the Lord Mayor
and Aldermen” (28 & 29 Vict. c. 126, ss. 5, 6). 2. As regards the Police Magistrates.]-They are justices of
Middlesex, Surrey, Herts, Essex and Kent, the chief magistrate at Bow Street being also for Berks (2 & 3 Vict. c. 71, ss. 1, 3; 11 & 12 Vict. c. 42, s. 31): They have exclusive jurisdiction in summary convictions and indictable offences within the divisions assigned to police courts (2 & 3 Vict. c. 71, s. 18; 21 & 22 Vict. c. 73, s. 6): They cannot act in special or petty sessions either within or without the divisions assigned to police courts, or in quarter sessions (2 & 3 Vict. c. 71, s. 14): Within the metropolitan police district, but without the divisions assigned to the police courts, they have as police magistrates concurrent jurisdiction with the ordinary county justices in all summary convictions (2 & 3 Vict. c. il, ss. 13, 18, 44; 2 & 3 Vict. c. 47, s. 76): Without the part of the metropolitan polico district assigned to a police court (and in the counties for which they are justices) they have, as justices, concurrent jurisdiction with the ordinary county justices in summary convictions and indictable offences under the general laws, which arise out of a court division (3 & 4 Vict. c. 84, s. 2), and in one instance a special jurisdiction there as police magistrates (3 & 4 Vict. c. 84, s. 13): When they act as police magistrates within a court division, whether where one justice or more is necessary,
(2 & 3 Vict. c. 47, 6. 79; 2 & 3 Vict. c. 71, s. 55). They have powers given them also by 3 & 4 Vict. c. 84, ss. 9, 11; but not that in sect. 13, authorizing one police magistrate to direct a constable to view deserted premises under 11 Geo. 2, c. 19, and 57 Geo. 3, c. 52. In certain poorlaw matters under 43 Eliz. c. 2, only the lord mayor or an alderman " within his ward” may act alone (43 Eliz. c. 2, s. 8); and so he may in relation to licences under “The Refreshment Houses Act,” 23 Vict. c. 27, which a police magistrate cannot do.
82 The cases referred to are,---orders abating nuisances (18 & 19 Vict. c. 121, s. 12); granting licences for passage brokers and emigrant runners (18 & 19 Vict. c. 119, ss. 67, 76); making orders in bastardy (7 & 8 Vict. c. 101, s. 2; 8 Vict. c. 10, s. 9); and orders protecting earnings of wives deserted by their husbands (20 & 21 Vict. c. 86, s. 21, which act is, however, not applicable to the city justices, see Note 36, ante, p. 1375). Also a few other cases to which the 11 & 12 Vict. c. 43, 5. 34, does not extend.
and in some cases where ordinarily they must be heard before two or more justices in petty sessions, they may do so alone, but it must be at a police court (2 & 3 Vict. c. 71, ss. 13, 14; as to petty sessions, see Note 82): They may act as justices alone (in cases where only one justice is required) elsewhere than at a police court (3 & 4 Vict. c. 84, s. 2): They may act anywhere as justices with the ordinary justices in other matters than in special, petty or quarter sessions (3 & 4 Vict. c. 84, s. 2): Their warrants to apprehend issued as police magistrates can be executed throughout England without being backed (2 & 3 Vict. c. 71, s. 17): They have, as police magistrates, concurrent jurisdiction with the city justices in certain cases within the city (see
Note 80). 3. As regards the ordinary County Justices. ]-Within the divi
sions assigned to police courts they have no authority to act in matters arising within such divisions, except in special, petty and quarter sessions, and in enforcing rates, &c. (2 & 3 Vict. c. 71, ss. 14, 18; 3 & 4 Vict. c. 81, s. 6; 21 & 22 Vict. c. 73, s. 6): Without the divisions assigned to police courts they have concurrent jurisdiction with the police magistrates (as police magistrates and as justices) in summary convictions and indictable offences (2 & 3 Vict. c. 71, s. 18; 3 & 4 Vict. c. 84, s. 6): Without the divisions assigned to police courts they have exclusive jurisdiction in matters in special, petty and quarter sessions (2 & 3 Vict. c. 71, ss. 14, 18; 21 & 22 Vict. c. 73, s. 6): Two of them sitting publicly have the same jurisdiction as a police magistrate over the offences created by 2 & 3 Vict. cc. 47, 71 (3 & 4 Vict. c. 84, s. 6, in Note 81): Their warrants can be executed within the city of
London without being backed (2 & 3 Vict. c. xciv. s. 23). . As regards “the Commissioner of Police of the Metropolis"
and the two “ Assistant Commissioners,” and their Powers as Justices.] They are justices, with a limited jurisdiction in the seven counties of Middlesex, Surrey, Hertford, Esses, Kent, Berks and Bucks (10 Geo. 4, c. 44, s. 1; 2 & 3 Vict. c. 47, s. 4; 19 & 20 Vict. c. 2, s. 2): Anywhere within the first five counties (whether within the metropolitan police district or that of a police court or not), and in Berks and Bucks, each can act alone" for the preservation of the peace" (Id.): Within any part of these seven counties outside the divisions assigned to police courts each can act alone in the committal of offenders" (Id.): Throughout the metropolitan police district the commissioner has exclusive jurisdiction to enforce payment of the police rate and swear in constables (10 Geo. 4, c. 44, ss. 1, 4, 23—26, 32).