c. 9. 36 & 37 Vict. justice may suffer the defendant to go at large upon his entering into a recognizance with or without surety or sureties, at the discretion of the said justice, conditioned for his appearance at the time and place to which such hearing shall be adjourned. This and recited Act to be construed as one Act. 9 This Act shall be deemed to be incorporated with the said recited Act, and shall be construed as if the said recited Act (except such parts thereof as have been repealed and amended by this Act) and this Act were one Act. Ill-treatment. Abuse of LUNACY ACT, 1890. 53 VICT. c. 5. Penalties, Misdemeanors and Proceedings. 322 If any manager, officer, nurse, attendant, servant, or other person employed in an institution for lunatics, or any person having charge of a lunatic, whether by reason of any contract or of any tie of relationship, or marriage, or otherwise, ill-treats or wilfully neglects a patient, he shall be guilty of a misdemeanor, and, on conviction on indictment, shall be liable to fine or imprisonment, or to both fine and imprisonment, at the discretion of the Court, or be liable on summary conviction for every offence to a penalty not exceeding twenty pounds nor less than two pounds. 324 If any manager, officer, nurse, attendant or other person female lunatic. employed in any institution for lunatics (including an asylum for criminal lunatics), or workhouse, or any person having the care or charge of any single patient, or any attendant of any single patient carnally knows or attempts to have carnal knowledge of any female under care or treatment as a lunatic in the institution, or workhouse, or as a single patient, he shall be guilty of a misdemeanor, and on conviction on indictment, shall be liable to be imprisoned with or without hard labour for any term not exceeding two years; and no consent or alleged consent of such female thereto shall be any defence to an indictment or prosecution for such an offence. XIV. JURISDICTION AND PROCEDURE. PUBLIC HEALTH ACT, 1875. 38 & 39 VICT. C. 55. certificate of officer of 46 Where on the certificate of the medical officer of health or Houses to be of any two medical practitioners, it appears to any local authority purified, on that any house or part thereof is in such a filthy or unwholesome condition that the health of any person is affected or endangered health, or of thereby, or that the whitewashing, cleansing or purifying of any two medical house or part thereof would tend to prevent or check infectious practitioners. disease, the local authority shall give notice in writing to the owner (a) or occupier of such house or part thereof to whitewash, cleanse or purify the same, as the case may require. If the person to whom notice is so given fails to comply therewith within the time therein specified, he shall be liable to a penalty not exceeding ten shillings for every day during which he continues to make default; and the local authority may if they think fit, cause such house or part thereof to be whitewashed, cleansed or purified, and may recover in a summary manner the expenses incurred by them in so doing from the person in default. Penalty in 47 Any person who in any urban district— (1) keeps any swine or pig-stye in any dwelling-house, or so as respect of to be a nuisance to any person; or (b) (2) suffers any waste or stagnant water to remain in any cellar or place within any dwelling-house for twenty-four hours. after written notice to him from the urban authority to remove the same; or (3) allows the contents of any water-closet, privy or cesspool to overflow or soak therefrom, (c) shall for every such offence be liable to a penalty not exceeding forty shillings, and to a further penalty not exceeding five shillings (a) Defined by the Act as "the person in actual receipt of the rack rent, whether on his own account, or as agent, or the person who would be entitled to receive such rent if the premises were let. (b) This sub-section applies not only to the place of keeping, but also to the manner of it (Digby v. (c) It is not necessary under these certain nuisances on premises. 38 & 39 Vict. c. 55. Information of nuisances to local authority. for every day during which the offence is continued, and the urban authority shall abate or cause to be abated every such nuisance, and may recover in a summary manner the expenses incurred by them in so doing from the occupier of the premises on which the nuisance exists. 93 Information of any nuisance under this Act in the district of any local authority may be given to such local authority by any person aggrieved thereby, or by any two inhabitant householders of such district, or by any officer of such authority, or by the relieving officer, or by any constable or officer of the police force of such district. For what offences a justice of the peace may grant a warrant or summons to cause a person charged therewith to be brought before him. INDICTABLE OFFENCES ACT, 1848. In all cases where a charge or complaint (A.) shall be made before any one or more of her Majesty's justices of the peace for any county, riding, division, liberty, city, borough, or place within England and Wales, that any person has committed or is suspected to have committed any treason, felony, or indictable misdemeanor, or other indictable offence whatsoever within the limits of the jurisdiction (d) of such justice or justices of the peace, or that any person guilty or suspected to be guilty of having committed any such crime or offence elsewhere out of the jurisdiction of such justice or justices is residing or being or is suspected to reside or be within the limits of the jurisdiction of such justice or justices, then and in every such case, if the person so charged or complained against shall not then be in custody, it shall be lawful for such justice or justices of the peace to issue his or their warrant (B.) to apprehend such person, and to cause him to be brought before the party may such justice or justices, or any other justice or justices for the same county, riding, division, liberty, city, borough, or place, to answer to such charge or complaint, and to be further dealt with according to law: Provided always that in all cases it shall be lawful for such justice or justices to whom such charge or complaint shall be preferred, if he or they shall so think fit, instead of issuing in the first instance his or their warrant to apprehend the person so charged or complained against, to issue his or their summons (C.) directed to such person requiring him to appear before the said justice or justices at a time and place to be therein mentioned, or before such other justice or justices of the same county, riding, In what cases be summoned instead of issuing a warrant in the first instance. (d) Justices sitting in and acting for one petty sessional division of a county have jurisdiction to commit for trial on a charge arising in another petty sessional division of the same county (R. v. Beckley, 20 Q. B. D. 187).1 If the summons be not obeyed, then a warrant may be issued. division, liberty, city, borough, or place as may then be there, and 11 & 12 Vict. if after being served with such summons, in manner hereinafter c. 42. mentioned he shall fail to appear at such time and place, in obedience to such summons, then and in every such case the said justice or justices or any other justice or justices of the peace for the same county, riding, division, liberty, city, borough or place, may issue his or their warrant (D.) to apprehend such person so charged or complained against, and cause such person to be brought before him or them, or before some other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, to answer to the said charge or complaint, and to be further dealt with according to law: Provided nevertheless, that nothing herein contained shall prevent any justice or justices of the peace from issuing the warrant herein before first mentioned at any time before or after the time mentioned in such summons for the appearance of the said accused party. 8 That in all cases where a charge or complaint for any indictable offence shall be made before such justice or justices as aforesaid, if it be intended to issue a warrant in the first instance against the party or parties so charged, an information and complaint thereof (A.) in writing, on the oath or affirmation of the informant or of some witness or witnesses in that behalf, shall be laid before such justice or justices: Provided always, that in all cases where it is intended to issue a summons instead of a warrant in the first instance, it shall not be necessary that such information and complaint shall be in writing, or be sworn to or affirmed in manner aforesaid, but in every such case such information and complaint may be by parol merely, and without any oath or affirmation whatsoever to support or substantiate the same: Provided also, that no objection shall be taken or allowed to any such information or complaint for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the justice or justices who shall take the examination of the witnesses in that behalf, as hereinafter mentioned. 9 That upon such information and complaint being so laid as aforesaid, the justice or justices receiving the same may, if he or they shall think fit, (e) issue his or their summons or warrant respectively as herein before is directed to cause the person charged (e) The justice must exercise a discretion, and a mandamus will lie commanding him to do so (R. v. Adamson, 1 Q. B. D. 201); but where a justice has refused a summons on the ground that the in formation does not disclose an in- When charge, &c., is made, if a warrant is to be issued, information, &c., on oath. to be laid before justices. If summons to be issued instead, infor mation, &c., not necessary to be on oath. No objection allowed for alleged defect in form. Upon com- same may 11 & 12 Vict. c. 42. How summons to be served. If party summoned do not attend, justice may issue a warrant to compel attendance. No objection allowed for alleged defect in form, &c. Warrant to apprehend parties to be under hand and seal of justice. as aforesaid to be and appear before him or them, or any other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, to be dealt with according to law; and every such summons (C.) shall be directed to the party so charged in and by such information, and shall state shortly the matter of such information, and shall require the party to whom it is so directed to be and appear at a certain time and place therein mentioned before the justice who shall issue such summons, or before such other justice or justices of the peace of the same county, riding, division, liberty, city, borough, or place as may then be there, to answer to the said charge, and to be further dealt with according to law; and every such summons shall be served by a constable or other peace officer upon the person to whom it is so directed by delivering the same to the party personally, or if he cannot conveniently be met with then by leaving the same with some person for him at his last or most usual place of abode; and the constable or other peace officer who shall have served the same in manner aforesaid shall attend at the time and place, and before the justices in the said summons mentioned, to depose, if necessary, to the service of such summons; and if the person so served shall not be and appear before the justice or justices at the time and place mentioned in such summons, in obedience to the same, then it shall be lawful for such justice or justices to issue his or their warrant (D.) for apprehending the party so summoned, and bringing him before such justice or justices, or some other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, to answer the charge in the said information and complaint mentioned, and to be further dealt with according to law: Provided always, that no objection shall be taken or allowed to any such summons or warrant for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the justice or justices who shall take the examinations of the witnesses in that behalf, as hereinafter mentioned; but if any such variance shall appear to such justice or justices to be such that the party charged has been thereby deceived or misled, it shall be lawful for such justice or justices, at the request of the party so charged, to adjourn the hearing of the case to some future day, and in the meantime to remand the party so charged, or admit him to bail, in manner hereinafter mentioned. 10 That every warrant (B.) hereafter to be issued by any justice or justices of the peace to apprehend any person charged with any indictable offence shall be under the hand and seal or hands or seals of the justice or justices issuing the same, and may be directed either to any constable or other person by name, or |