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SYNOPSIS OF OFFENCES.

Statute.

GAS-WORKS-continued.

23. Injuring Meters.] Any person wilfully, fraudulently, or by cul-
pable negligence injuring or suffering to be injured any pipes,
meter, or fittings belonging to the undertakers,- -or altering
the index to any meter, or preventing any meter from duly
registering the quantity of gas supplied, or fraudulently
abstracting, consuming or using gas of the undertakers.

GLASS MANUFACTURE. See tit. "Factories and Workshops," ante.
GUN. Using, &c. without a licence. See "Excise," Chap. III.

GUNPOWDER. See "Explosive Substances," ante.

HABITUAL DRUNKARDS ACT, 1879.

1. Offences by Licensees of Retreats.] By sect. 23 it is enacted "if any licensee of any retreat knowingly and wilfully fails to comply with the provisions of this act, or neglects, or permits to be neglected, any habitual drunkard placed in the retreat in respect of which he is licensed, or does anything in contravention of the provisions of this act, he shall be deemed guilty of an offence against this act" (Note 206).

2. Any Person doing the following things:

(1) Ill-treats, or being an officer, servant, or other person employed in or about a retreat, wilfully neglects, any habitual drunkard detained in a retreat;

(2) Induces, or knowingly assists, a habitual drunkard detained in a retreat to escape therefrom;

(3) Without the authority of the licensee or the medical officer of the retreat (proof whereof shall lie upon him), bring into any retreat, or without the authority of the medical officer of the retreat, except in cases of urgent necessity, gives or supplies to any person detained therein any intoxicating liquor or sedative, narcotic or stimulant drug or preparation.

Offences by Habitual Drunkards.] "If a habitual drunkard, while
detained in a retreat, wilfully neglects, or wilfully refuses to
conform to the rules thereof, he shall be deemed guilty of an
offence against this act; and

[MEM. The Secretary of State may, from time to time, make rules
for the management of a retreat, and may from time to time
cancel or alter such rules.]

34 & 35 Vict.
c. 41, s. 38
(Note 204).

42 & 43 Vict. c. 19, s. 23.

Id. s. 24.

Id. s. 25.

act, and all money forfeited, and all money and costs by this act directed to be recovered as penalties, may be prosecuted and recovered in manner directed by The Gasworks Clauses Act, 1847,' with respect to the recovery of penalties" [which, as seen in Note 203, supra, is under the 8 & 9 Vict. c. 20]. By sect. 46, no justice is to be disqualified from acting by reason of his being liable to the payment of any gas rent or other charge under the act."

206 "HABITUAL DRUNKARDS."]-By the interpretation clause, section 3 (3) (b), "a retreat" means a house licensed by the licensing authority named by this act for

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the reception, control, care, and curative treatment of habitual drunkards; "habitual drunkard" means a person who, not being amenable to any jurisdiction in lunacy, is notwithstanding, by reason of habitual intemperate drinking of intoxicating liquor, at times dangerous to himself or herself or to others, or incapable of managing himself or herself and his or her affairs.

207 By section 30, full provisions are enacted for enabling a person aggrieved by any conviction or order to appeal against the same. A right of appeal also is given under the 42 & 43 Vict. c. 49, ss. 19, 31, 32.

SYNOPSIS OF OFFENCES.

Statute.

HABITUAL DRUNKARDS-continued.

4. Breach of rules.] "Any person who contravenes or fails to comply with any of such rules for the management of a retreat shall be deemed guilty of an offence against this act."

42 & 43 Vict.

c. 19, s. 17.

HARBOURS, DOCKS AND PIERS (Note 208).

1. As to Tide and Weather Gauge.] Undertakers not providing a selfregistering tide-gauge with a barometer in the harbour, dock or pier, and as the Lords of the Admiralty shall approve (see s. 18).

10 & 11 Vict. c. 27, s. 19.

2. Undertakers not keeping daily account of workings of the said tide-gauge, &c., or not sending monthly account of working to the Secretary of the Admiralty.

Id.

3. As to Collection and Recovery of Rates.] Persons claiming exemption from tonnage rates when not entitled thereto.

Id. s. 28.

4. Master of vessel failing to report arrival to harbour master within 24 hours.

Id. s. 35.

5. Master of registered vessel not producing certificate of registry of vessel to the collector of rates on demand.

Id. s. 36.

6. Master of vessel giving no account, or a false account, of goods to be unshipped.

Id. s. 38.

7. Shippers not giving an account of goods intended to be shipped.

Id. s. 39.

8. Master of vessel or owner of goods evading the payment of rates.

Id. s. 43.

208 "HARBOURS, DOCKS AND PIERS:" To what Places the Act 10 & 11 Vict. c. 27 applies-Incorporated Provisions as to Recovery of Penalties-Appeal.] The offences under this title are enacted by "The Harbours, Docks and Piers Clauses Act, 1847," which extends " only to such harbours, docks or piers as shall be authorized by any act of parliament hereafter to be passed which shall declare that this act shall be incorporated

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therewith" (10 & 11 Vict. c. 27, s. 1). Also by sect. 92, the provisions as to recovery of penalties contained in the 8 & 9 Vict. c. 20, are incorporated with the 10 & 11 Vict. c. 27. Vide Note 55, ante, p. 330, as to penalty on witnesses, and apprehension of transient offenders; and Note 56, ante, p. 331, the requirements as to appeal, which, therefore, equally apply to the offences in this title.

SYNOPSIS OF OFFENCES.

HARBOURS, DOCKS AND PIERS—continued.

Statute.

9. As to Accounts of Rates.] Undertakers not transmitting annual 10 & 11 Vict. account to clerk of the peace.

c. 27, s. 50.

10. As to Harbour Masters and their Duties.] Shipmasters not complying with directions of the harbour master.

Id. s. 53.

11. Harbour master or his assistants misbehaving.

Id. s. 54.

12. Offering bribes to dock officers,- —or officers taking bribes.

Id. s. 55.

13. Vessel entering harbour or dock not being dismantled as directed by harbour master,—

Id. s. 59.

14. With sails not lowered or furled,—

Id. s. 60.

15. Without hawsers, tow-lines or fasts fixed to the dolphins.

Id. s. 61.

16. Persons willfuly cutting moorings.

Id. s. 62.

Id. s. 63.

17. Vessel lying near the entrance of harbour or dock without permission, and not being removed after being required [see Gardner v. Whitford, 23 J. P. 358].

18. Not removing vessel within 3 days after notice from the harbour master, when removal required for cleansing harbour, &c.

Id. s. 64.

19. Discharging Vessels, &c.] Not removing discharged vessel within 24 hours after notice from harbour master.

Id. s. 66.

20. Wharfingers, or their servants, &c. giving undue preference in unloading goods.

Id. s. 67.

Id. s. 69.

21. As to Protection of Harbour, Vessels, &c.] Not removing combustible matter on quay, &c. within 2 hours after notice from harbour master (see s. 70).

22. Boiling or heating pitch, &c. on any vessel, &c.

or

23. Having fire, &c. in vessel within the harbour without permission

of harbour master,

or

24. Within docks, except when permitted by the bye-laws.

or

25. Bringing loaded gun on quays, &c. or having same in vessel,

or

26. Bringing gunpowder on quays, &c. without permission.

Id. s. 71.

27. Obstructing harbour master on duty in entering ship, and searching for and extinguishing fires or lights.

Id. s. 72.

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