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until the contrary is proved, of the due making and existence of such bye-laws, and if so stated in such copy, of the same bye-laws having been approved and confirmed by the authority whose approval or confirmation is or shall be required to the making or enforcing of such bye-laws in all legal proceedings, without further proof of the making of such bye-laws or of such approval or confirmation, or of the said common seal."

52 Appeal.] Vide this clause in title "Constables," post (as to borough constables), Note 81. See 42 & 43 Vict. c. 49, ss. 31, 32, ante, p. 253.

53 "CANAL BOATS ACT."] By sect. 2 the Local Government Board shall make regulations and may from time to time revoke and vary such regulations.

(1) "For the registration of canal boats under this act, including certificates of

SYNOPSIS OF OFFENCES.

CARTRIDGE MANUFACTURE. See title "Factories and Workshops," post.

CATTLE AND ANIMALS. See titles "Cruelty to Animals," "Horse
Slaughtering,' "Nuisances," "Drugging."

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CATTLE DISEASES. See title "Sheep and Cattle," post.

CATTLE PLAGUE. See title "Sheep and Cattle," post.

CEMETERIES (Note 54).

1. Damaging the Cemetery.] Every person who shall wilfully destroy
or injure any building, wall or fence belonging to the cemetery,
-or destroy or injure any tree or plant therein,-
-or who shall
daub or disfigure any wall thereof,—or put up any bill therein
or on any wall thereof,

or

2. Wilfully destroy, injure or deface any monument, tablet, inscription, or gravestone within the cemetery,

or

3. Do any other wilful damage therein.

4. Committing Nuisances in the Cemetery.] Every person who shall play at any game or sport, or discharge firearms save at military funeral, in the cemetery,

or

5. Who shall wilfully and unlawfully disturb any persons assembled in the cemetery for the purpose of burying any body therein,

or

6. Who shall commit any nuisance within the cemetery.

Statute.

10 & 11 Vict. c. 65, s. 58.

Id. s. 59.

registration, and the fees in connexion with such registration; and (2) for the lettering, marking, and numbering of such boats; and (3) for fixing the number, age, and sex of the persons who may be allowed to dwell in a canal boat, having regard to the cubic space, ventilation, provision for the separation of the sexes, general healthiness and convenience of accommodation of the boat; and (4) for promoting cleanliness in and providing for the habitable condition of canal boats; and (5) for preventing the spread of infectious disease by canal boats. The registration authority shall register every canal boat which conforms to the conditions of registration provided by the said regulations for the number of persons allowed by those regulations to dwell

therein."

[MEM. In pursuance of the powers conferred upon the Local Government Board this department has issued a body of regulations.]

54"CEMETERIES" To what places the Act 10 & 11 Viet. e. 65, applies.] The offences and proceedings under this title are under "The Cemeteries Clauses Act, 1847," which extends "only to such cemeteries as shall be authorized by any act of parliament thereafter to be passed which shall declare that this act shall be incorporated therewith" (10 & 11 Vict. e. 65, s. 1).

55 Incorporated Provisions as to Recovery of Penalties-Witnesses-Transient Offenders.] With respect to the recovery of penalties under the Cemeteries Clauses Act, s. 62 of that act enacts, that the clauses of the Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. e. 20), shall be incorporated with it and the special act; and such cianses shall apply to the cemetery and to the company respectively." By 8 & 9 Vict. e. 20, 153, a penalty of not exceeding £5 is imposed on a witness refusing to appear to s

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summons or to be examined. See 11 & 12 Vict. c. 43, s. 7, ante, p. 161. Officers of the company may detain unknown offenders, and convey them with all convenient speed before some justice (8 & 9 Vict. c. 20, s. 154).

56 Appeal.] By 8 & 9 Vict. c. 20 (which we have seen, Note 55, is incorporated with the 10 & 11 Vict. c. 65, and so it is with several other acts under the titles in which this note is referred to in various parts of this work), sect. 157,-"if any party shall feel aggrieved by any determination or adjudication of any justice with respect to any penalty or forfeiture under the provisions of this or the special act, or any act incorporated therewith, such party may appeal to the general or quarter sessions for the county or place in which the cause of appeal shall have arisen; but no such appeal shall be entertained unless it be made within four [calendar, sect. 3] months next after the making of such determination or adjudication,- -nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought,- -nor unless the appellant forthwith after such notice enter into recognizances, with two sufficient sureties, before a justice, conditioned duly to prosecute such appeal, and to abide the order of the court thereon." By sect. 158,-"at the quarter sessions, for which such notice shall be given, the court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the following sessions:-and upon the hearing of such appeal the court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant, or levied by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to the party injured as they may judge reasonable; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable." See also 42 & 43 Vict. c. 49, ss. 31, 32, ante, p. 253.

SYNOPSIS OF OFFENCES.

Statute.

CEMETERIES-continued.

7. Annual Accounts.] Company omitting to prepare or send annual account of receipts and expenditure to the clerk of the peace for the county.

10 & 11 Vict.

c. 65, s. 60.

8. Special Act.] Company failing to keep copies of their special act in their office,

or

9. To deposit same with the clerk of the peace (see s. 66).

Id. s. 67.

CHAIN CABLES AND ANCHORS.

1. After 1st July, 1872, maker of or dealer in chain cables, or anchors, selling, consigning, or contracting to sell or consign, or any person purchasing or contracting to purchase any chain cable whatever, or any anchor exceeding in weight 168 lbs., which has not been previously tested and duly stamped in accordance with the provisions of 27 & 28 Vict. c. 27, and this act.

[MEM. Chain cables and anchors tested, &c. before 1st July, 1872,
may, if accompanied by a certificate issued under s. 10 of
27 28 Vict. c. 27, be sold until 1st July, 1874, although not
subjected to the breaking strain required by this act.]

2. Any person using or suffering to be used as a duly licensed testing
machine any testing machine for which no licence is in force,

or

3. Writing out, signing or delivering or sending to any person any
document purporting to be a certificate that a chain cable or
anchor has been tested, &c. when it has not been.
[See also other Offences in Vol. II. Chap. II. of Part II.]

CHILDREN'S DANGEROUS PERFORMANCE ACT, 1879.
Employing a Child in dangerous Performances.] "Any person who shall
cause any child under the age of fourteen years to take part in
any public exhibition or performance, whereby in the opinion
of a court of summary jurisdiction the life or limbs of such
child shall be endangered, and the parent or guardian, or any
person having the custody of such child who shall aid or abet
the same, shall severally be guilty of an offence against this
act," &c.

[MEM. By the 4th section it is enacted that "Whenever any
person is charged with an offence against this act in respect of
a child who in the opinion of the court trying the case is appa-
rently of the age alleged by the informant, it shall lie on the
person charged to prove that the child is not of that age."

34 & 35 Vict. c. 101, s. 7.

Id. s. 10.

42 & 43 Vict. c. 34, s. 3.

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