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or enlarged by subsequent order, be deemed to be a continuing offence and to be punishable by a penalty not exceeding one pound for every day that such non-compliance continues."

32 "BALLOT:" Personation-Proceedings on dismissing Information.] By the 24th sect. of the Ballot Act, 1872, the provisions of the Registration Acts specified in the 3rd schedule are to apply to personation under that act, and by sects. 85, 86 and 87 of the 6 & 7 Vict. c. 18 (Registration Act), provisions are enacted for apprehending and taking before a justice any person guilty of personation. The 88th section provides for the committal to trial if the justices are satisfied upon the evidence of two credible witnesses that the party has been guilty of personation. The 89th section enacts that if the justices are satisfied that the person charged is really the person in whose name he voted, and that the charge of personation has been made against him without reasonable or just cause, or if the agent so declaring, or some one on his behalf, shall not appear to support such charge, the justices are required to make an order on the said agent to pay to the said person so falsely charged, if he shall consent to accept the same, any sum not exceeding the sum of 107. nor less than 57. by way of damages and costs; and if the said sum shall not be paid within twenty-four hours after such

SYNOPSIS OF OFFENCES.

BALLOT AT ELECTIONS-continued.

c. J

2. Interfering with Voter.] Interfering with or attempting to inter- 35 & fere with a voter when making his vote, or otherwise attempting to obtain in polling station information as to the candidate for whom any voter in the station is about to vote or has voted, or communicates at any time to any person any information obtained in a polling station as to the voting of a voter or as to the number on the back of his ballot paper.

3. Infringement of Secrecy at Counting of Votes.] Officer, clerk and agent not maintaining secrecy at counting of votes.

BANKING COMPANIES. See tit. "Companies," post.

BASTARDS.

c. 10.

1. Justice of peace appointing any officer of a parish or union to have 7 & custody of a bastard child,- -or any clerk to justices, or constable receiving any money in respect of bastard child under an order of petty sessions, or any such officer as such conducting any application to make or enforce such order,- -or in any way interfering as such officer in causing such application to be made, or in procuring evidence in support of such application.* [MEM. If the mother is dead or incapacitated, the guardians with 31 may enforce an order (see proviso to s. 7 in Vol. II. Chap. II. of Part III.).]

2. Persons having the custody of any bastard child under an order of justices, misapplying monies paid by the putative father for the support of such child,—or withholding proper nourishment from such child,- —or otherwise abusing and maltreating such child.

BATHS AND WASHHOUSES.

1. Commissioners, or their officers or servants, having custody of ac-
count books, being requested, refusing to permit,- -or not per-
mitting any churchwarden, overseer or ratepayer to examine
the same or take any copy or extract therefrom, without fee.
[By sect. 23 the provisions of the Companies Clauses Consolidation
Act, 1845, 8 & 9 Vict. c. 16, as to the mode of recovering
penalties, are to apply to offences under this act.]

2. Council, commissioners or officers taking fees beyond salaries,—or being interested in contracts,- -or holding office of trust under

the act.

3. Bye-Laws. Persons offending against bye-laws of the commissioners for regulating the use of baths and washhouses, &c. (see s. 35).

• This

altered:

c. 12

Id.

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order shall have been made, then the same shall be levied by warrant of a justice as aforesaid, by distress and sale of the goods and chattels of the said agent. case no sufficient goods can be found on which to levy, then the same is to be l like manner on the goods of the candidate by whom such agent was appointed and in case the said sum shall not be paid or levied in the manner aforesaid, shall be lawful for the said person to recover the same from the said agent or a with full costs of suit in an action of debt to be brought in any one of her M superior courts of record at Westminster: provided always, that if the p falsely charged shall have declared to the said justices his consent to accept su

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said by way of damages and costs, and if the whole amount of the sum so to be paid shall have been paid or tendered to such person, in every such case, otherwise, the said agent, candidate, and every other person shall be released actions or other proceedings, civil or criminal, for or in respect of the said And apprehension.

BATHS AND WASHHOUSES:" Witnesses.] Witnesses refusing to appear or to be d to forfeit not exceeding 51. (8 & 9 Vict. c. 16, s. 155). See ante, p. 161. peal.] The clause is in the 8 & 9 Vict. c. 16, Note, post, title "Railways."

e 42 & 43 Vict. c. 49, ss. 31, 32, p. 253.

SYNOPSIS OF OFFENCES.

BEERHOUSES. (Note 36.) See "Intoxicating Liquors," post, and

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Beerhouses," Chap. III., post.

1. Licensed person permitting or suffering any wine, spirits, sweets or made wines, mead or metheglin to be brought into house or premises to be drunk or consumed there [the offender not being licensed to retail wine under the 23 Vict. c. 27 (24 & 25 Vict. c. 91, s. 11)]; and see 23 & 24 Vict. c. 113, s. 7.

BETTING HOUSES. See also "Gaming Houses," post.
1. Keeping.] Any person who,-being the owner or occupier of any
house, office, room, or other place,—or a person using the same,
-shall open, keep, or use the same for the purposes herein-
before mentioned [Vide Note 37] or either of them,

or

2. Any person who, being the owner or occupier of any house, room, office, or other place, shall knowingly and wilfully permit the same to be opened, kept or used by any person for the purposes aforesaid [Vide Note 37], or either of them,

or

3. Any person having the care or management of, or in any manner assisting in conducting the business of any house, office, room, or place opened, kept or used for the purposes aforesaid or either of them.

[As to meaning of "office" or "place," see cases in Note 38.]

Statute.

4 & 5 Will. 4, c. 85, s. 16.

16 & 17 Vict.

c. 119, s. 3.

36 "BEERHOUSES."] The law relating to offences committed by beerhouse-keepers is now almost wholly comprised in the two recent statutes of the 35 & 36 Vict. c. 94 ("The Licensing Act, 1872") and the 37 & 38 Vict. c. 49 ("The Licensing Act, 1874"), otherwise called "The Intoxicating Liquors Acts," which see post.

37 BETTING HOUSES:" What Betting, &c. prohibited: Query, Incorporation of certain Sections of Gaming Houses Acts.] By 16 & 17 Vict. c. 119, s. 1, no house, office, room, or other place [see as to meaning of 'place' cases in Note 38] shall be opened, kept or used for the purpose of the owner, occupier or keeper thereof, or any person using the same, or any person procured or employed by or acting for or on behalf of such owner, occupier or keeper, or person using the same, or of any person having the care or management or in any manner conducting the business thereof, betting with persons resorting thereto;-or for the purpose of any money or valuable things being received by or on the behalf of such owner, occupier, keeper or person as aforesaid as or for the consideration for any assurance, undertaking, promise or agreement, expressed or implied, to pay or give thereafter any money or valuable thing on any event or contingency, of or relating to any horse race, or other race, fight, game, sport or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency as aforesaid;—and every house, office, room or other place opened, kept or used for the purposes aforesaid, or any of them, is hereby declared to be a common nuisance and contrary to law." By sect. 2, "every house, room, office or place, opened, kept or used for the purposes aforesaid, or any of them, shall be taken and deemed to be a common gaming house within the meaning of the 8 & 9 Vict. c. 109, To amend the Law concerning Games and Wagers;'" but this will not have the effect of incorporating the following provisions of the Amended Gaming Houses Act, 17 & 18 Vict. c. 38 (tit. "Gaming Houses,' post), which is to be read with the 8 & 9 Vict. c. 109, as one act, so as to make them applicable to betting houses, viz.-penalty for obstructing entry of constables (sect. 1); persons apprehended giving false names, &c. (sect. 3); power to justices to require persons apprehended to give evidence (sect. 5); and indemnity to such witnesses (sect. 6).

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Not exc. £100 and costs (s. 3);
levied by distress (s. 8), and
in default impr. with or with-
out h. 1. for not exc. 6 cal. m.
(s. 3), subject to scale in 28 &
29 Vict. c. 127, ante, p. 185,
when not exc. £5;-and if
committed to prison, the costs
alone levied by distress (s. 8);
-or, if to justices seem fit,
impr. in the first instance,
with or without h. 1. for not
exc. 6 cal. m. (s. 3), and the
costs levied separately under
11 & 12 Vict. c. 43, s. 24, ante,
p. 222.

Yes
(s. 13,
Note
40).

Nos.

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38 Meaning of Terms "Office" or "Place" in 16 & 17 Vict. c. 119.] It was held in the case of Doggett v. Catterns (34 L. J. (N. S.) C. P. 159; 12 Law T., N. S. 355) (reversing the judgment of the Court of Common Pleas), that a tree in Hyde Park, where the defendant was in the habit of resorting for the purpose of making bets on horse races, was not a "place within the meaning of the act; but in Shaw v. Morley (37 L. J. (N. S.) M. C. 105; 19 Law T., N. S. 15), a temporary wooden structure, five feet high, without a roof, erected during the races upon a slip of land adjoining a racecourse, over which structure a board was exhibited upon which was the name of the proprietor and betting lists containing the odds upon and against each horse he was willing to betthe structure having two frontages, and boards used as desks fronting each way, and at each desk within a man sat with a book for the purpose of recording the bets made with persons outside, the person betting depositing money and receiving a card containing the terms of the bet,- -was held to be such "office or place."

In Bows v. Fenwick, 43 L. J., M. C. 107, the defendant had a stool on a racecourse during the races over which was kept up, open, a large umbrella about 7 or 8 feet high capable of covering several people, the stick of which was fastened in the ground with a spike. The defendant's name, with the addition "Victoria Club, Leeds," was painted in large letters on the umbrella, and there was a card with the words "we pay all bets first past the post." The defendant stood on the stool offering to make, and making bets, the money being deposited with him at the time, for which he gave a ticket. Upon this it was held that the stool and umbrella constituted a "place" within the meaning of the 16 & 17 Vict. c. 119.

In the case of Haigh v. The Corporation of Sheffield, 44 L. J., M. C. 17, an information was laid against the appellant (Haigh) as the occupier of a place called "Hyde Park Cricket Ground, Sheffield," for unlawfully permitting the place to be used by G. Trickett and others, for the purpose of betting with persons resorting thereto. It appeared that the appellant occupied, as tenant, a house with a piece of enclosed ground adjoining called Hyde Park Cricket Ground, used for cricket, foot racing and other games and sports. On the day named in the information foot racing took place in the

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