62 Within
6 months

(17 & 18 Vict. c. 104, s. 525, sub-s. 1 (s. 13), see Note 433).

more

(see Note
433).

Two or Misdemeanor (s. 6);—or punish-
able summarily by impr. not
exc. 6 m., with or without h.
1., or by fine not exc. £100 (s.
518, sub-s. 2);-pen. recov.
by distress (11 & 12 Vict. c.
43, s. 19, ante, p. 225), or
impr. in default as scale in
42 & 43 Vict. c. 49, s. 5, p.
185.

p. 579, and for which see the notes there referred to: No. 299, as to time of proceeding:-No. 300, as to the justices to convict :-and No. 301 for the clause giving the right to appeal.

434 East India Ships.] "The Passengers Act, 1855," 18 & 19 Vict. c. 113, s. 15, provides that nothing in it should extend to repeal or vary the act 16 & 17 Vict. c. 84, which amended the Passengers Act, 1852, so far as related to the passages of natives of Asia or Africa, and also passages between the Island of Ceylon and certain parts of the East Indies. 16 & 17 Vict. c. 84, s. 1, gives power to the governors of her Majesty's dominions abroad, to declare by proclamation that ships intended to pass within the tropics from any ports within their respective governments may convey passengers, being natives of Asia or Africa, after the rate of one for every twelve superficial feet of the passenger deck instead of one for every fifteen such superficial feet as required by sect. 12 of the Passengers Act, 1852 (15 & 16 Vict. c. 44); and by sect. 2, the restrictions in the last-mentioned section were not to apply to vessels proceeding on any voyage from any port or place in the Island of Ceylon or any port or place in the territories under the government of the East India Company in the Gulf of Manar or

SYNOPSIS OF OFFENCES.

SMOKE NUISANCE in the metropolis and by steam-vessels between
London Bridge and the Nore Light.

[See also Offence 24, tit. "Towns Improvement," post.]

STAMPS (LOCAL).

Any person, not authorized by local authority, selling or distributing any stamps authorized to be used for the purposes of the act.

[MEM. The local authority, viz. the quarter sessions in counties,
or council of boroughs, may, under this act, the Local Stamp
Act, 1869, the provisions of which are set out ante, pp. 124,
125,-authorize persons to sell or distribute stamps for which
the local authority are empowered to cause dies to be made, to
be used in the payment of fines and fees in lieu of money.]

STEAM WHISTLES.

Using Steam Whistles and Trumpets.] Using or employing in any manufactory or any other place any steam whistle or steam trumpet, for the purpose of summoning or dismissing workmen or persons employed, without the sanction of the sanitary authority. (Note 436.)

[MEM. The sanitary authority, in case they have sanctioned the use of any such instrument, may at any time revoke such sanction on giving one month's notice to the person using the same. Provided also that the Local Government Board, on representation made to them by any_person_that*| STORES. See tits. "Naval Stores;" "War Department Stores."

SUBSEQUENT CONVICTIONS. See tit. "Convicts," Offences 7-11, ante, pp. 374, 376.

SUNDAY. (Note 437.)
1. Trading on.] Any person, being of the age of 14 years or upwards
[tradesman, artificer, workman, labourer, or other person what-
soever (Note 439)], doing or exercising any worldly labour, busi-
ness or work of his ordinary calling upon the Lord's day or
any part thereof (works of necessity and charity only excepted).

2. Any person whatsoever publicly crying, showing forth or exposing to sale any wares, merchandize, fruit, herbs, goods or chattels whatsoever upon the Lord's day, or any part thereof (Note 440).|

Statute.

16 & 17 Vict. c. 128, s. 2; 19 & 20 Vict. c. 107, s. 1.

32 & 33 Vict. c. 49, s. 6.

35 & 36 Vict.

c. 61, s. 2.

29 Car. 2,

c. 7, s. 1 (Note 438).

Id.

Palks' Straits, but that the governor and legislative council of Ceylon may regulate by ordinance the number of persons or passengers who may be carried on board of any vessel proceeding on any such voyage. By the Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104, s. 545), that act is not to repeal the last-named act, 16 & 17 Vict. c. 84. But by the 18 & 19 Vict. c. 119, s. 99, power is given to the governor-general of India in council, by any act to be passed for that purpose, to adopt the act for India, and to make rules respecting food, passengers, surgeons, &c., and to declare in what manner penalties, &c. may be recovered; and when such Indian act is passed, all such parts of this act as shall be adopted therein shall extend to the carriage of passengers upon such voyage as in the Indian act is specified.

435 Other Foreign Ships.] By 17 Vict. c. 5, s. 2 (which was not repealed by the Merchant Shipping Repeal Act, 1854, 17 & 18 Vict. c. 120), "every foreign ship which after the passing of this act [23rd March, 1854] is employed in carrying goods or

One
(11 & 12
Vict.
c. 43,
s. 12).

Not exc. £5 (s. 6);-recov. by No.
distress (11 & 12 Vict. c. 43,
8. 19, ante, p. 225), and impr.
in default as scale in 42 &
43 Vict. c. 49, s. 5, p. 185;-1
if exc. £5 the imprisonment
not exceeding three calendar
months unless sooner paid (11)
& 12 Vict. c. 43, s. 22, ante,
p. 228).

One. Not exc. £5, and to a further
penalty not exc. 40s. for every
day during which the offence
is continued;-recovered un-
der 11 & 12 Vict. c. 43 ;-
scale of imprisonment in 42
& 43 Vict. c. 49, s. 5, p. 185.
*[he is prejudicially affected by
such sanction, may revoke the
same, and such revocation is to
have the same force and effect|
as if it had been made by the
sanitary authority (s. 2).]

No.

No.

One. Forfeit the same goods so cried, No.

&c.

passengers coastwise from one part of the United Kingdom to another, or from the Islands of Guernsey, Jersey, Alderney, Sark or Man to the United Kingdom, or from the United Kingdom to any of the said islands, or from any of the said islands to any other of them, or from any part of any one of the said islands to any other part of the same, shall be subject, as to stores for the use of the crew, and in all other respects, to the same laws, rules and regulations to which British ships when so employed are now subject.

436 "STEAM WHISTLES:" Sanitary Authority.] "Sanitary authority" means the authority at the time being empowered to execute the Nuisances Removal Acts as defined and extended by "The Sanitary Act, 1866," s. 3. (Now "The Public Health Act, 1875.")

437 SUNDAY:" Observations as to Acts upon Sunday Occupations.] An act, 3 Car. 1, c. 2 (c. 1 in Ruffhead's edition) is also in force, imposing a penalty of 20s. on carriers,

SYNOPSIS OF OFFENCES.

Statute.

SUNDAY-continued.

3. Travelling on.] Drover, horse courser, waggoner, butcher, higgler, their or any of their servants, travelling or coming into his or her inn or lodging, upon the Lord's day, or any part thereof.

4. Using, employing, or travelling upon the Lord's day with any boat, wherry, lighter or barge, except upon an extraordinary occasion to be allowed by a justice, &c. [repealed as to River Thames].

29 Car. 2,

c. 7, s. 2 (Note 438).

Id.

5. Unlawful Sports on.] There shall be no concourse of people out of 1 Car. 1, c. 1. their own parishes, on the Lord's day, for any sport or pastimes,

or

6. Any bear-baiting, bull-baiting, interludes, common plays or other unlawful exercises and pastimes used by any persons within their own parishes (Note 441).

SURGEONS. See tit. "Medical Practitioners."

SWEARING.

Any person profanely cursing and swearing, i. e. :—

1. Any day labourer, common soldier, common sailor or common 19 Geo. 2, c. 21,

seaman.

[MEM. By s. 14, the sum of 1s. and no more, was to be taken for
the information, summons and conviction; but that section is
virtually repealed by 11 & 12 Vict. c. 43, s. 18 (ante, pp. 195,
196), even if it were not done so before by the 18 Geo. 3, c. 19.
19 Geo. 2, c. 21, s. 10, also provided a further imprisonment
of six days for the charges attending the conviction, but this
would seem also to be repealed by 11 § 12 Vict. c. 43, s. 36,
giving costs in all cases, as the costs are recoverable now in the
same manner as the penalty (Id. s. 18).

2. Any other person under the degree of a gentleman.

[Vide MEM. under Offence 1, supra.]

3. Any person of or above the degree of a gentleman.

[Vide MEM. under Offence 1, supra.]

s. 1.

Id.

Id.

and 6s. 8d. on butchers, for offences on the Lord's day. (See 26 & 27 Vict. c. 125, Schedule.) There is also an act of 21 Geo. 3, c. 49, prohibiting the opening of places of public entertainment or amusement on the Lord's day, but it is applicable to the cities of London and Westminster only, and the penalties are recoverable by action.

438 Consent of Police Authorities or Justices to Prosecutions for Offences under 29 Car. 2, c. 7.] By sect. 1 of "The Sunday Observation Prosecution Act, 1871," 34 & 35 Vict. c. 87 [passed on 17th August, 1871, and continuing in force "until the 31st of December, 1876, and to the end of the then next session of parliament”], it is enacted, that "no prosecution or other proceeding shall be instituted against any person or the property of any person for any offence committed by him under the act of the twentyninth year of the reign of King Charles the Second, chapter seven, intituled 'An Act for the better Observation of the Lord's Day, commonly called Sunday,' or for the

recovery of any forfeiture or penalty for any such offence, except by or with the consent in writing of the chief officer of police of the police district [i. e. in the city of London, the commissioner of police; in the metropolitan police district, the commissioner of police of the metropolis; and in any county, borough, &c. maintaining a separate police force, the chief or head constable (s. 2)] in which the offence is committed, or with the consent in writing of two justices of the peace or a stipendiary magistrate having jurisdiction in the place where such offence is committed. No such prosecution shall be heard before the justices of the peace or stipendiary magistrate by whom or with whose consent the same has been instituted."

439 What Persons within Act of 29 Car. 2, c. 7, s. 1.] These general words "or other person whatsoever," in the 29 Car. 2, c. 7, s. 1, are meant to comprise only persons ejusdem generis with those previously mentioned (Sandiman v. Breach, 7 B. & C. 96).