SYNOPSIS OF OFFENCES.

Statute.

TOWNS IMPROVEMENT-continued.

25. Construction of Houses.] Erecting a building, or covering a roof, or suffering the covering of any roof to continue otherwise than directed by this section, and not altering same within one month after notice from commissioners.

10 & 11 Vict.

c. 34, s. 109.

26. Persons letting separately (except as in s. 114),-or knowingly suffering to be occupied for hire as a dwelling-place,-any cellar or room, contrary to this and the special act.

27. Lodging-houses.] Keeping lodging-house, or receiving lodgers therein, without being registered,- —or not complying with the provisions of the act (see ss. 116, 117).

28. Slaughter-houses.] Using place as a slaughter-house (not used as such at the passing of the special act) without licence from commissioners.

[MEM. A person who merely pays the owner of the premises
for being allowed to kill animals there is not liable to be con-
victed. Reg. v. Heyworth, Justices of West Derby Hun-
dred, 14 Law T., N. S. 600.]

Id. s. 115.

Id. s. 118.

Id. s. 126.

28a. The like offence as No. 28, supra, without being registered after notice from commissioners.

Id. s. 127.

29. Offending against bye-laws made by the commissioners for the licensing registering and inspection of slaughter-houses and knackers' yards and preventing cruelty therein, and for keeping the same in a cleanly state, &c.

Id. s. 128.

[MEM. Justices may in addition to penalty suspend licence for
slaughter-house for not exc. 2 months, or revoke the licence or
forbid its use (s. 129).]

30. Slaughtering cattle during suspension or after revocation of
licence, or while slaughtering is forbidden.
[See MEM. to Offence 29.]

31. Having in slaughter-house cattle or carcase unfit for human food. [MEM. A justice may order the same to be destroyed, &c., Form, No. 26, Oke's "Formulist," 6th ed. p. 392.]

32. Obstructing inspector of nuisances in inspecting, seizing, &c. any any animal or carcase unfit for human food.

33. Persons offending against regulations of commissioners as to bathing places and drying grounds.

Id. s. 130.

Id. s. 131.

Id.

Id. s. 136.

SYNOPSIS OF OFFENCES.

TOWNS IMPROVEMENT-continued.

34. Execution of Works.] Obstructing the commissioners or persons employed by them in performing duties under this or the special

act.

Statute.

10 & 11 Vict.

c. 34, s 45.

35. Tenants refusing to permit owners to execute works ordered by a justice after ten days from date of order.

Id. s. 153.

36. Rates.] Persons having custody of statements or rates refusing to permit persons to take copies or extracts therefrom.

Id. s. 173.

37. Overseer, &c. refusing inspection of poor rates to commissioners, or person authorized by them.

Id. s. 178.

38. Occupier of property refusing to give collector of rates the name of the owner.

Id. s. 198.

39. Bye-laws.] Persons offending against the bye-laws of the commissioners (see ss. 200, 202-207).

Id. s. 201.

40. Destroying, pulling down, injuring, or defacing boards of the bye-laws.

Id. s. 208.

Id. s. 215.

41. Special Act.] Commissioners failing to keep copies of special act at their office, or to deposit with clerk of the peace (see s. 214). TRADE MARKS. See tit. "Merchandise Marks," ante.

TRADES UNIONS (Note 451).

1. Fraud in withholding Money, &c.] If any officer, member, or other person being or representing himself to be a member of a trade union registered under this act, or the nominee, executor, administrator or assignee of a member thereof, or any person whatsoever, by false representation or imposition obtain possession of any monics, securities, books, papers or other effects of such trade union,

or

2. Having the same in his possession, wilfully withhold or fraudulently misapply the same,

or

3. Wilfully apply any part of the same to purposes other than those
expressed or directed in the rules of such trade union, or any
part thereof.

[MEM. The section 12 contains two provisoes :-" Provided that
nothing herein contained shall prevent the said trade union|
from proceeding by indictment against the said party;—
provided also, that no person shall be proceeded against by in-
dictment if a conviction shall have been previously obtained for
the same offence under the provisions of this act." See the
case of Minerva Lodge v. Gladstone and others, Justices of
Liverpool, Ex parte O'Connell, cited in Note 164, under tit.
Friendly Societies," ante.

66

34 & 35 Vict.

c. 31, s. 12.

Within

3 6 cal. m.
(11 & 12 Vict.
c. 43, s. 11),
on behalf of
the trade
union, or by

or more

in petty

sessions
(s. 19),
for the

place

registrar

where

(34 & 35 Vict.

regis

tered

c. 31, s. 12; see s. 23, Note 452).

Two Justices may, by summary
order, order such officer,
member or other person to
deliver up all such monies,
securities, &c. to the trade
union, -or to repay the
amount of money applied im-
properly, and to pay, if the
court think fit, a further sum
not exc. £20, with costs not
exc. 20s.
In default of delivery of effects,
or repayment of money, or
payment of pen. and costs
impr. with or without h. 1.
for not exc. 3 m. (s. 12), sub-
ject to scale in 42 & 43 Vict.
c. 49, s. 5, p. 185.

office of

the trade union is situated

(s. 12).

SYNOPSIS OF OFFENCES.

Statute.

TRADES UNIONS-continued.

4. Not having a Registered Office.] If any trade union under this act
is in operation for seven days without having a registered office
to which all communications and notices may be addressed.
[MEM. By the same section (15), "Notice of the situation of
such registered office, and of any change therein, shall be given
to the registrar and recorded by him: until such notice is given
the trade union shall not be deemed to have complied with the
provisions of this act."

5. Not sending Annual Return to Registrar.] A trade union or any officer thereof failing to comply with or acting in contravention of this section as to transmitting a general statement of receipts, expenditure, &c., to the registrar before the 1st of June in every year, and also a copy of all alterations of rules and changes of officers during the year preceding, &c.

6. Every person wilfully making or ordering to be made any false entry in or any omission from the general statement, or in or from the return of copies of rules or alterations of rules.

34 & 35 Vict.

c. 31, s. 15.

Id. s. 16.

Id.

451 "TRADES UNIONS:" Registration of Trades Unions.] "The Trade Union Act, 1871," 34 & 35 Vict. c. 31, contains provisions for the registration of trades unions with the registrar of friendly societies. These provisions are set out in extenso under this title in Vol. II. Chap. II. of Part III.

452 Procedure under 11 & 12 Vict. c. 43—Describing Offences and negativing Exceptions, fc.-Disqualification of Interested Justices.] By 34 & 35 Vict. c. 31, s. 19, all offences and penalties under the act are to be prosecuted and recovered in manner directed by the Summary Jurisdiction Acts [which, as to England, means the 11 & 12 Vict. c. 43, and any acts amending the same, s. 23], and summary orders under the act are to be made and enforced on complaint before a court of summary jurisdiction in manner provided by those acts: provided as follows:-1. The court of summary jurisdiction, "when hearing and determining an information or complaint, shall be constituted in some one of the following manners: that is to say, in England

(1.) In any place within the jurisdiction of a metropolitan police magistrate or other stipendiary magistrate, of such magistrate or his substitute:

(2.) In the city of London, of the lord mayor or any alderman of the said city. (3.) In any other place, of two or more justices of the peace sitting in petty sessions.

2. The description of any offence under this act in the words of such act shall be sufficient in law. 3. Any exception, exemption, proviso, excuse, or qualification, whether it does or not accompany the description of the offence in this act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant or prosecutor." By sect. 22, "a person who is a master, or father, son, or brother of a master, in the particular manufacture, trade or business in or in connexion with which any offence under this act is charged to have been committed shall not act as or as a member of a court of summary jurisdiction or appeal for the purposes of this act."