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1. If any trader falsely represents that he has obtained a medal or certificate from the Exhibition Commissioners of 1851 or 1862 in respect of any article or process for which a medal or certificate has been awarded by the commissioners,

or

2. Falsely represents (knowing such representation to be false) that any other trader has obtained a medal or certificate from the Exhibition Commissioners,

or

3. Falsely represents (knowing such representation to be false) that
any article sold or exposed for sale has been made by, or by any
process invented by, a person who has obtained in respect of
such article or process a medal or certificate from the Exhibi-
tion Commissioners.

[MEM. It is not necessary to prove that any person has sustained
damage by the false representations (s. 2).]

38 & 39 Vict.
c. 90.

26 & 27 Vict.
c. 119, s. 1.

137"EMPLOYERS AND WORKMEN:" Jurisdiction of Justices in Disputes between Employers and Workmen.] The 4th section of this statute enacts that, "A dispute under this act between an employer and a workman may be heard and determined by a court of summary jurisdiction, and such court, for the purposes of this act, shall be deemed to be a court of civil jurisdiction; and in a proceeding relating to any such dispute, the court may order payment of any sum which it may find to be due as wages or damages or otherwise, and may exercise all or any of the powers by this act conferred on a county court [see sect. 3 as to the powers of a county court]: provided that in any proceeding in relation to any dispute the court of summary jurisdiction

(1)Shall not exercise any jurisdiction where the amount claimed exceeds £10; and (2) "Shall not make an order for the payment of any sum exceeding £10, exclusive

of the costs incurred in the case; and

(3) "Shall not require security to an amount exceeding £10 from any defendant or his surety or sureties."

Jurisdiction of Justices in Disputes between Masters and Apprentices.] The 5th section enacts that, "Any dispute between an apprentice to whom this act applies and his master arising out of or incidental to their relation as such (which dispute is hereinafter referred to as a dispute under this act) may be heard and determined by a court of summary jurisdiction."

The 12th section enacts that, "This act, in so far as it relates to apprentices, shall apply only to an apprentice to the business of a workman as defined by this act, upon whose binding either no premium is paid, or the premium (if any) paid does not exceed £25, and to an apprentice bound under the provisions of the acts relating to the relief of the poor."

By sect. 6, "In a proceeding before a court of summary jurisdiction in relation to a dispute under this act between a master and an apprentice, the court shall have the same powers as if the dispute were between an employer and a workman, and the master were the employer and the apprentice the workman, and the instrument of apprenticeship a contract between an employer and a workman, and shall also have the following powers: (1) "It may make an order directing the apprentice to perform his duties under the apprenticeship; and

(2). "If it rescinds the instrument of apprenticeship, it may, if it thinks it just so to do, order the whole or any part of the premium paid on the binding of the apprentice to be repaid.

Where an order is made directing an apprentice to perform his duties under the

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[N. B. The 33 & 34 Vict. c. 27,
protects Inventions exhibited at
any Exhibition.]

1st Offence.] Not exc. £5 (s. 1).
Any subsequent Offence.] Not exc.
£20,-or impr. not exc. 6 m.
(s. 1). Penalties recov. by
distress (11 & 12 Vict. c. 43,
s. 19, ante, p. 225) or not if
not exc. £5 incl. costs, and
impr. in default as scale in
42 & 43 Vict. c. 49, s. 5,
p. 185.

[MEM. A conviction is not to af-
fect any right or civil remedy
(s. 5).]

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apprenticeship, the court may from time to time, if satisfied after the expiration of not less than one month from the date of the order that the apprentice has failed to comply therewith, order him to be imprisoned for a period not exceeding fourteen days."

By sect. 7, "In a proceeding before a court of summary jurisdiction in relation to a dispute under this act between a master and an apprentice, if there is any person liable under the instrument of apprenticeship for the good conduct of the apprentice, that person may, if the court so direct, be summoned in like manner as if he were the defendant in such proceeding to attend on the hearing of the proceeding, and the court may, in addition to or in substitution for any order which the court is authorized to make against the apprentice, order the person so summoned to pay damages for any breach of the contract of apprenticeship to an amount not exceeding the limit (if any) to which he is liable under the instrument of apprenticeship.

"The court may, if the person so summoned, or any other person, is willing to give security to the satisfaction of the court for the performance by the apprentice of his contract of apprenticeship, accept such security instead of or in mitigation of any punishment which it is authorized to inflict upon the apprentice."

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By sect. 13 the act is not to apply to seamen or to apprentices to the sea-service. Definitions.] By sect. 10 it is enacted 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 21 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."

Summary Proceedings.] By sect. 9 a dispute or matter in respect of which jurisdiction is given under the act is not to be deemed to be a criminal proceeding; and all powers shall be deemed to be in addition to, and not in derogation of, any powers conferred by the Summary Jurisdiction Act, except that a warrant is not to be issued under that act for apprehending any person other than an apprentice for failing to appear to answer a complaint in any proceeding under the act; and that an order for the payment of any money is not to be enforced by imprisonment except in the manner and under the conditions of the act.

Payment by Instalments.] The 9th section enacts, that a court of summary jurisdiction may direct any sum of money, for the payment of which it makes an order under

SYNOPSIS OF OFFENCES.

Statute.

EXPLOSIVE SUBSTANCES. (Note 138.)

s. 4.

1. Manufacturing Gunpowder, or carrying on any Process of such Manu- 38 Vict. c. 17, facture, at any Place at which the Person is not allowed to do so (Note 139). Breach of enactment.

the act, to be paid by instalments, and may from time to time rescind or vary such order.

Rules for carrying out the Jurisdiction of the Court.] By the 9th section the Lord Chancellor is empowered to make, &c. rules for carrying into effect the jurisdiction given by this act to a court of summary jurisdiction (see these rules).

For a full and comprehensive treatise upon this statute see "The Labour Laws,” by Mr. Davis.

138 "EXPLOSIVE SUBSTANCES."] By sect. 3 it is enacted, that "This act shall apply to gunpowder and other explosives as defined by this section. The term 'explosive"

in this act

(1) "Means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mercury or of other metals, coloured fires, and every other substance whether similar to those above mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect; and, (2) "Includes fog-signals, fireworks, fuzes, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined."

Extension of Definition by Order in Council.] By sect. 104 it is enacted, that "Her Majesty may, by order in council, declare that any substance which appears to her Majesty to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this act, and the provisions of this act (subject to such exemptions, limitations, and restrictions as may be specified in the order) shall accordingly extend to such substance in like manner as if it were included in the explosive in this act."

139. By sect. 105 it is enacted, that "Any person who carries on any of the following processes, namely, the process of dividing into its component parts, or otherwise breaking up or unmaking any explosive, or making fit for use any damaged explosive, or the process of remaking, altering or repairing any explosive, shall be subject to the provisions of this act as if he manufactured an explosive, and the expression ‘manufacture,' shall in this act be construed accordingly."

140 Prosecution either summarily or by Indictment.] By sect. 91 it is enacted, that Every offence under this act may be prosecuted, and every penalty under this act may be recovered, and all explosives and ingredients liable to forfeiture under this act may be forfeited, either on indictment, or before a court of summary jurisdiction in manner directed by the Summary Jurisdiction Acts."

Power of Party charged to elect to be tried on Indictment.] By sect. 92. where a person is accused of any offence under this act, the penalty for which offence, exclusive of forfeiture, exceeds £100, he may on appearing before the court of summary jurisdiction declare that he objects to being tried for such offence by a court of summary jurisdiction, and thereupon the court may deal with the case in all respects as if the accused

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were charged with an indictable offence, and not an offence punishable upon summary conviction, and the offence may be prosecuted on indictment accordingly.

141. Limitation of Penalty upon Summary Conviction.] The 91st section contains a proviso, "That the penalty imposed by a court of summary jurisdiction shall not exceed £100 exclusive of costs, and exclusive of any forfeiture or penalty in lieu of forfeiture, and the term of imprisonment imposed by any such court shall not exceed one month." Power to prohibit the doing of certain Acts.] By the same sect. "A court of summary jurisdiction may by order prohibit a person from doing any act for doing which such person has twice been convicted under this act, and may order any person disobeying such summary order to be imprisoned for any period not exceeding six months."

Imprisonment for wilful Act or Neglect endangering Life or Limb.] By sect. 79, it is enacted, that "where any person is guilty of any offence which under this act is punishable by a pecuniary penalty only, and which in the opinion of the court that tries the case was reasonably calculated to endanger the safety of, or to cause serious personal injury to, any of the public or the persons employed in or about any factory, magazine, store or registered premises, or any harbour, railway, canal, wharf, ship, boat, carriage, or place where such offence is committed, or to cause a dangerous accident, and was committed wilfully by the personal act, personal default, or personal negligence of the person accused, such person shall be liable, if the court is of opinion that a pecuniary penalty will not meet the circumstances of the case, to imprisonment with or without hard labour for a period not exceeding six months."

Penalty in lieu of Forfeiture of Explosives.] By sect. 89 it is enacted, that "Where a court before whom a person is convicted of an offence against this act has power to forfeit any explosive owned by or found in the possession or under the control of such person, the court may, if it thinks it just and expedient, in lieu of forfeiting such explosive, impose upon such person, in addition to any other penalty or punishment, penalty not exceeding such sum as appears to the court to be the value of the explosive so liable to be forfeited.

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Power of Justices to order Proceedings by Indictment.] The 102nd section enacts, that when proceedings are taken before any court against any person in respect of any offence under the act, which is also an offence indictable at common law, or by some act of parliament other than this act, the court may direct that, instead of such proceedings being continued, proceedings shall be taken for indicting such person at common law, or under some act of parliament other than this act.

142 Appeal.] By sect. 93 it is enacted, that "If any party feels aggrieved by any summary order made by a court of summary jurisdiction under this act, or by any order or conviction made by a court of summary jurisdiction in determining any complaint or information under this act, by which order or conviction the sum adjudged to be paid, including costs, and including the value of any forfeiture, exceeds £20, the party so aggrieved may appeal therefrom to quarter sessions in manner provided, with respect to an appeal to quarter sessions by sect. 160 of the 24 & 25 Vict. c. 96." See also 42 & 43 Vict. c. 49, ss. 31, 32.

SYNOPSIS OF OFFENCES.

Statute.

EXPLOSIVE SUBSTANCES-continued.

8. 5.

2. Keeping Gunpowder at an Improper Place.] Keeping gunpowder in 38 Vict. c. 17, a place other than the factory (either lawfully existing or licensed for the same under the act) in which it is manufactured, or magazine or store for gunpowder, either lawfully existing or licensed under the act, or except in premises registered under the act for keeping gunpowder.

This section is not to apply

(1) To a person keeping for his private use and not for sale
gunpowder to an amount not exceeding on the same
premises thirty pounds; or

(2) To the keeping of any gunpowder by a carrier or other
person for the purpose of conveyance, when the same
is being conveyed or kept in accordance with the
provisions of this act with respect to the conveyance
of gunpowder (Note 143).

3. Regulations of Factories, &c. of Gunpowder.] For breaches of regulations of gunpowder factories and magazines for gunpowder.

Id. s. 9.

4. General Rules for Factories and Magazines of Gunpowder.] For
breaches of general rules for gunpowder factories and magazines.

[The Secretary of State may from time to time by order make,
and when made rescind and alter, such modifications in the
foregoing general rules as may appear to him to be necessary
for adapting the same to floating magazines, and such modifica-
tions shall have effect as if they were contained in this section
(sect. 10).]

5. Special Rules.] For breaches of special rules. [Note 144.]

Id. s. 10.

Id. s. 11.

143 Provisions in Favour of certain Manufacturers and Dealers.] By sect. 44, the occu pier of a factory for any explosive is not to be required to take out a factory licence for making up on such factory the explosive made thereon into cartridges, or charges for cannon or blasting, not containing within themselves their own means of ignition.

The occupier of any magazine, &c. for keeping any explosive may keep that explosive when made up into cartridges or charges as if it were not so made up.

Provisions in favour of Makers of new Explosives for Experiment.] Sect. 45 enacts, that the occupier of a factory for any explosive, who manufactures a new explosive, or new form of explosive similar to the one specified in his licence, is not to be deemed to have manufactured the same in an unauthorized place if he manufacture the same on a small scale, and exclusively for the purpose of trial, and not for sale, and he send notice as soon as he has manufactured it to the Secretary of State.

Gunmakers: Provisions in favour of.] The 46th section enacts that the occupier of a magazine, store or registered premises for any explosive is not to be required to take

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