SYNOPSIS OF OFFENCES. Statute. TELEGRAPHS. 1. Delaying delivery of Messages, &c.] Any person in the employment [See ss. 48-52 as to the powers of the government over com- [Injuring telegraphs, sec Offences 9-11, tit. "Malicious In- 2. Contravention of 32 & 33 Tict. c. 73.] Any company, corporation, or person who transmits, or aids or is concerned in transmitting any telegram in contravention of the exclusive privilege conferred on the Postmaster-General by this act [see sections 4 and 5], or 3. Who receives, collects, or delivers any telegram in contravention| of such exclusive privilege, or aids or is concerned in the receipt, collection, or delivery of such telegram in contravention of such privilege. THAMES UPPER NAVIGATION. Penalties under 26 & 27 Vict. c. 112, s. 45 (Note 445). 32 & 33 Vict. c. 73, s. 6. 29 & 30 Vict. c. 89, ss. 33, 63, 65. A farmer is not within the operation of this enactment (Reg. v. Cleworth, 9 Law T., N. S. 682; 4 B. & S. 927; S. C. Reg. v. Silvester, 33 L. J. (N. S.) M. C. 79). 440 Exception to Offence of crying Wares.] This provision is not to extend to the prohibition of dressing of meat in families,-nor to the dressing or selling meat in inns, cookshops or victualling houses, for such as otherwise cannot be provided,-or to the crying and selling milk before 9 A.M. or after 4 P.M. (s. 3);-nor to the crying or selling mackerel before or after divine service (10 & 11 Will. 3, c. 24, s. 14);—nor to hackney coachmen or chairmen exercising their calling (1 & 2 Will. 4, c. 22, s. 27). 441 What are "unlawful Exercises and Pastimes."] The other "unlawful exercises or pastimes" here mentioned must be those which are so by the common law or by statute; but there are none such since the repeal of part of the statute 33 Hen. 8, c. 9, s. 16, by the Game and Wagers Act, 8 & 9 Vict. c. 109, s. 1. Do these general words, following the specific ones of bear-baiting, &c. mean anything? Vide Notes 439, 442. 442 Penalty.] There can be only one penalty recovered for any number of instances of trading by the same person on the same Sunday (Cripps v. Durden, Cowp. 640). 443 "SWEARING:" Conviction on and after Apprehension.] If the cursing or swearing be in the presence of a justice, he may convict the party without further proof (19 Geo. 2, c. 21, s. 2):-if in the presence of a constable, he may apprehend the party without warrant, and carry him before a justice, in order that he may be convicted (s. 3), and the justice is to take an information upon oath of the offence having been committed (s. 4). 444 Using several oaths on one and the same occasion is one offence only, and the several penalties may be in one conviction (Reg. v. Scott, 33 L. J. (N. S.) M. C. 15; 8 Law T., N. S. 662). Not exc. £5 (s. 6);-may be [MEM. Where the person offend- Procedure, ss. 67, 68. Yes Not more No. 1, than half p. 384. to inf. and rem. to 158, overs. in aid of poor Note rate (8 & 9 445). Vict. c. 20, 445 "TELEGRAPHS:" Application of the Telegraph Act, 1863-Recovery of Penalties— Acts of 1868 and 1869 incorporated together as Post Office Acts.] This, the 26 & 27 Vict. c. 112, applies to all future telegraph companies, and also, subject to certain exceptions, to all existing telegraph companies (s. 2); but by sect. 47 certain acts in the schedule are excepted from its operation. By 29 Vict. c. 3, s. 3, the provisions of ss. 48-53 of 26 & 27 Vict. c. 112, “shall extend and apply to all incorporated companies, existing or future, constituted with the object of carrying on the business of constructing, maintaining, or working telegraphs, and to the works of those companies." These provisions contain certain powers of her Majesty's government over a company. By 26 & 27 Vict. c. 112, s. 4, the provisions of the Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 20), as to the recovery of penalties and damages, are to apply to this act. See Note 55, ante, p. 330, as to "Procedure," and Note 56, ante, p. 331, as to "Appeal." The act "to enable her Majesty's Postmaster-General to acquire, work and maintain Electric Telegraphs," 31 & 32 Vict. c. 110, incorporates the Telegraph Act, 1863, 26 & 27 Vict. c. 112, with it (s. 2). It contains also, in sect. 20, the enactment of another offence for disclosing or intercepting messages, which is punishable on indictment. See tit. "Telegraphs," in Chap. II. of Part II. in Vol. II. The 31 & 32 Vict. c. 110, is amended by and incorporated with "The Telegraph Act, 1869," 32 & 33 Vict. c. 73 (s. 2), except where inconsistent with the latter; but by sect. 24 of the latter act, it and the 31 & 32 Vict. c. 110, are to be "Post Office Acts,' ," and the provisions thereof "Post Office Laws" within the 1 Vict. c. 36, referred to in Chap. III. of this Part. There is only one offence, however, punishable summarily under either of these two acts, viz., 32 & 33 Vict. c. 73, 8. 6, Offences 2, 3, which, for convenience, is placed here, instead of in tit. "Post Office," in Chap. III. SYNOPSIS OF OFFENCES. Statute. THEATRES (Note 446). 1. Keeping House without Licence.] Any person having or keeping any house, or other place of public resort, for the public performance of stage plays, without authority by virtue of letters patent, or licence from Lord Chamberlain or justices within their respective jurisdictions (Note 446). [MEM. By s. 23, the words "stage play" is to be taken to in- 2. Performing in unlicensed House.] Any person for hire acting or presenting any part of a stage play in any place not being a patent theatre or duly licensed (Note 445). [Vide s. 9 in Vol. II. Chap. II. of Part III. as to cases in 3. Acting Plays before allowed, &c.] Any person for hire (see s. 16) or 4. Causing to be acted or presented, any new stage play, or any act, scene, or part thereof, or any 5. Acting prohibited Plays.] Any person for hire acting or presenting any stage plays, &c. (as Offence 4), contrary to prohibition 6 & 7 Vict. c. 68, s. 2. 6 & 7 Vict. c. 68, s. 11. Id. s. 15. Id. 446 "THEATRES:" Act not applicable to Booths or Shows in Fairs, &c.] See Vol. II. Chap. II. of Part III. as to the grant of Licences for Theatres by Justices, under which the justices have power to frame rules for insuring order and decency therein; but there is no penalty in the statute for contravening these rules, except by means of the recognizance for securing penalties (s. 7). By 6 & 7 Vict. c. 68, s. 23, it is provided, that nothing in the act contained shall be construed to apply to any theatrical representation in any booth or show, which by the justices of the peace or other persons having authority in that behalf shall be allowed in any lawful fair, feast, or customary meeting of the like kind. In Davis v. Douglas, 28 L. J. (N. S.) M. C. 193; 32 Law T. 283, it was held, that sect. 2 (Offence 1), does not apply to a booth used by strolling players for the representation of stage plays, and taken about by them from place to place, nor to a temporary occupation of any place (Reg. v. Strugnell, 35 L. J. (N. S.) M. C. 78; 13 Law T., N. S. 433); but the person would be liable under sect. 11 (Offence 2), notwithstanding the place is one not requiring a licence, if it be not within the exemption (Fredericks v. Payne, 32 L. J. (N. S.) M. C. 14; 7 Law T., N. S. 329; Reg. v. Strugnell, supra). The penalties under this title may, instead of this proceeding before justices, be recovered by action (see s. 19). 447 Appeal.] By 6 & 7 Vict. c. 68, s. 20,-it shall be lawful for any person who shall think himself aggrieved by any order of such justices of the peace to appeal therefrom to the next general quarter sessions of the peace for the said county, riding, division, liberty, city or borough, whose order shall be final. See also 42 & 43 Vict. c. 49, SS. 31, 32, p. 253. SYNOPSIS OF OFFENCES. Statute. THRESHING MACHINES (Accidents from). Threshing drum, and feeding mouth of. s. 1. "The drum and feeding mouth of every threshing machine as defined 41 Vict. c. 12, by this act (Note 448), shall at all times during the working thereof be kept sufficiently and securely fenced so far as is reasonably practicable and consistent with the due and efficient working thereof. "If any person permits a threshing machine belonging to him, or used for his service or benefit to be worked without its being fenced as aforesaid: "Or, if any foreman, engineer or other person in charge of any threshing machine works it, or permits it to be worked, without its being fenced as aforesaid: "Or, if any person during the working of any threshing machine removes any guard or thing used as a fence for any such machine; “Every person so offending on any day shall be liable, on summary conviction, to a penalty not exceeding 51." "If, in the prosecution of any person to whom the threshing machine belongs, or for whose service or benefit it is used, it is shown that the machine was not, in fact, kept sufficiently and securely fenced during the working thereof, such person shall be deemed to have permitted the same, unless he satisfy the court that he took all reasonable precautions to insure observance of this act" (Note 449). [MEM. By the 4th section, any constable may at any time enter TOBACCO MANUFACTURE. See tit. "Factories and Workshops." TOWNS IMPROVEMENT (Note 450). 1. Making and maintaining Public Sewers.] Commissioners destroying existing sewers, &c. neglecting to restore same or to provide others within 7 days after notice from persons entitled to the use thereof. 10 & 11 Vict. c. 34, s. 26. 448 "THRESHING MACHINES:" Definition of "threshing machine.”] The fifth section enacts that "threshing machine means a threshing machine which is worked by steam or by any motive power other than manual labour. 449 Defendant may be a witness for himself.] The third section enacts that on the prosecution of any person for an offence against this act, he may on his own application be sworn and examined as a witness. 450 "TOWNS IMPROVEMENT:" To what Places the Act 10 & 11 Vict. c. 34, applies-Incor porated Provisions as to Recovery of Penalties-Appeal.] The offences under this title are created by "The Towns Improvement Clauses Act, 1847," which extends "only to such towns or districts as shall be comprised in any act of parliament hereafter to |