Vide Form of Conviction at Quarter Sessions, Oke's "Formulist," 6th ed. p. 429, No. 46.

483 "VOLUNTEER FORCE:" Appeal No Certiorari, &c.] By 26 & 27 Vict. c. 65, 8. 48 (inter alia), "Where the sum adjudged to be paid on a summary conviction or adjudication, inclusive of any costs, exceeds five pounds, or the imprisonment awarded exceeds one month, and the person who is convicted, or against whom the adjudication is made, thinks himself aggrieved by the conviction or adjudication, the following provisions shall take effect:

(1.) Such person may appeal to the next court of general or quarter sessions held not less than twelve days after the day of such conviction or adjudication for the county or place where the conviction or adjudication is had:

(2.) The appellant shall, within three days after the day of the conviction, and seven clear days at least before the sessions to which the appeal is to be made, give to the complainant a notice in writing of the appeal and of the ground thereof: (3.) The appellant may enter into a recognizance with two sufficient sureties before a justice of the peace, conditioned to appear personally at the sessions and try the appeal, and abide the judgment of the court thereon, and pay any costs awarded by the court; or where the appeal is against a conviction imposing only a pecuniary penalty, or against an adjudication for the payment of money. the appellant may deposit with the clerk of the convicting justices such sum of

SYNOPSIS OF OFFENCES.

Statute.

VOLUNTEER FORCE.

1. Volunteer selling Arms, &c.] If any person designedly makes away with, sells, pawns, wrongfully destroys, wrongfully damages, or negligently loses, anything issued to him as a volunteer,-

or

2. Wrongfully refuses, or wrongfully neglects to deliver up on de-
mand, anything issued to him as a volunteer.

[MEM. The previous acts of 44 Geo. 3, c. 54, down to 25 & 26
Vict. c. 41, were repealed by 26 & 27 Vict. c. 65, s. 51, so far
as respects volunteers, and not as to yeomanry corps, and its
provisions apply to every corps already formed under the acts
repealed. See ss. 13 and 51.

[As respects Offence 2, 32 & 33 Vict. c. 81, s. 3, authorizes a
justice to issue a search warrant for arms, &c., and, notwith-
standing the seizure, the same penalty and value may be en-|
forced as here provided. See tit. "Volunteer Force," in
Vol. II. Chap. II. of Part III.

26 & 27 Vict.

c. 65, s. 28.

money as those justices deem sufficient to cover the amount of the penalty or money adjudged to be paid, together with the costs of the conviction or adjudication, and of the appeal:

(4.) On such notice being given, and such recognizance being entered into, or such deposit being made, the appellant shall be liberated if in custody:

(5.) The court of general or quarter sessions shall hear and determine the appeal, and shall make such order therein, with or without costs to either party, as to the court seems fit, and in case of affirmance of the conviction or dismissal of the appeal shall adjudge the appellant to be punished according to the conviction, or to pay money according to the adjudication, and to pay such costs as are awarded, and shall, if necessary, issue process for enforcing such judgment: (6.) Where any such deposit as aforesaid is made, and the conviction or adjudication is affirmed, or the appeal is dismissed, the court may order the amount of the penalty or other money adjudged to be paid, together with the costs of the conviction or adjudication and of the appeal, to be paid out of the deposit, and the residue thereof, if any, to be returned to the appellant, and in any other case shall order the deposit to be returned to the appellant:

(7.) Where on appeal a conviction is quashed, the proper officer shall forthwith indorse on the conviction a memorandum that it has been so quashed; and whenever any copy or certificate of such conviction is made, a copy of the memorandum shall be added thereto, which shall be sufficient evidence of the conviction having been quashed in all cases where a copy or certificate would be sufficient evidence of the conviction.

But nothing in the present section respecting appeals shall affect any enactments relative to appeals in cases of summary convictions or adjudications in the city of London, or the metropolitan police district. [See 2 & 3 Vict. c. 71, s. 50; 2 & 3 Vict. c. xciv, s. 101.] A summary conviction or adjudication under this act in England, or an adjudication made on appeal therefrom, shall not be quashed for want of form or be removed by certiorari; and a warrant of commitment on any such conviction shall not be held void by reason of any defect therein, if it is therein alleged that the person therein named has been convicted, and there is a good conviction to sustain the same." See also 42 & 43 Vict. c. 49, ss. 31, 32, p. 253.

Number and what justices to convict.

Two

or more,
where
offence

Penalty, &c.
and

Mode of enforcing.

MEM. The commanding officer may
appear before justices by the adjutant
or serjeant major, or any member
authorized in writing by him (32 & 33
Vict. c. 81, s. 6.)]
The value recoverable with costs,
as a penalty;-and also for
the offence of "designedly
making away with, selling,
pawning, or wrongfully de-
stroying," on prosecution of
commanding officer, &c., to
offender penalty not exc. £5 (s. 28).
happens Recovery.] By distress (11 & 12
Vict. c. 43, s. 19, ante, p. 225)|
and impr. in default as scale
in 42 & 43 Vict. c. 49, s. 5,
p. 185.

com

mitted,

or

to be (s. 48).

484 Exemptions of Volunteers from Toll.] By 26 & 27 Vict. c. 65, s. 45 (inter alia), Any duty or toll leviable under any act of parliament, passed or to be passed, at any pier, wharf, quay, landing-place or bridge, or at any turnpike gate or bar, or at any other gate or bar on a public road, shall not be demanded or taken for

(1.) Any officer of the volunteer force, or any volunteer, or any non-commissioned officer, of the volunteer permanent staff, being on march or duty, or going to or returning from the place appointed for, and on the day for, exercise, inspection, review, or other public duty, and being in uniform:

(2.) Any horse ridden or used by any officer, volunteer, or non-commissioned officer, as aforesaid, being on march or duty, or going or returning as aforesaid, and being in uniform: (3.) Any cart, waggon, or carriage, public or private, employed only in carrying or conveying, or returning empty from carrying or conveying, having been employed only in carrying or conveying, any officer, volunteer, or non-commissioned officer as aforesaid, being on march or duty, or going or returning as aforesaid, and being in uniform, with or without any conductor or driver of such cart, waggon or carriage or domestic servant of such officer or volunteer: (4.) Any cart, waggon, or carriage, public or private, employed only in carrying or conveying, or returning empty from carrying or conveying, having been employed only in carrying or conveying, any arms or baggage of any officer, volunteer or non-commissioned officer as aforesaid, being on march or duty, or going to or returning from the place appointed for exercise, inspection, review or other public duty, or any military stores belonging to or for the use of, or any gun belonging to or used by, the volunteer force:

(5.) Any horse or other beast drawing any such cart, waggon, or carriage as aforesaid."

485"WATERWORKS FOR TOWNS:" To what Places the Act 10 & 11 Vict. c. 17 applies --Incorporated Provisions as to Recovery of Penalties-Appeal against Conviction-Reference to Waterworks Facilities Act, 1870.] The offences under this title are enacted by "The Waterworks Clauses Act, 1847," which extends "only to such waterworks as shall be authorized by any act of parliament hereafter to be passed which shall declare that this act shall be incorporated therewith" (10 & 11 Vict. c. 17, s. 1). Also, by sect. 85, the provisions as to recovery of penalties, contained in the 8 & 9 Vict. c. 20, are incor

SYNOPSIS OF OFFENCES.

Statute.

VOLUNTEER FORCE-continued.

3. Persons carrying or having Arms, &c. of Volunteer.] If any person
knowingly buys or takes in exchange from any volunteer or any
person acting on his behalf,- —or solicits or entices any volunteer
to sell,-or knowingly assists or acts for any volunteer in selling,
-or has in his possession or keeping, without satisfactorily ac-
counting for, any arms, clothing, or appurtenances [i.e. ac-
coutrements and equipments of every kind other than clothing,
8. 49], being public property or property of any volunteer corps
or administrative regiment, or any public stores or ammunition
issued for the use of any such corps or regiment.

[MEM. This section is to be construed as if the words “buy,"
"sell," and "selling," included "take in pawn, pawn, and
pawning respectively" (32 & 33 Vict. c. 81, s. 5). The con-
viction to be returned to quarter sessions, and a certified copy
to be evidence (26 & 27 Vict. c. 65, s. 29).]

4. Wilful Injury to Butts or Targets.] If any person wilfully com-
mits any damage to any butt or target belonging to or lawfully
used by any volunteer corps or administrative regiment,-or,
without the leave of the commanding officer of the corps or
regiment, searches for bullets in or otherwise disturbs the soil
forming such butt or target.

5. Breach of Bye-laws.] Breach of bye-law made by the Secretary of State for the regulation of shooting on grounds purchased, acquired or used by any volunteer corps, and for the prevention of intrusion thereon during the times of shooting.

6. As to Turnpike and other Tolls.] Any person demanding or taking any duty or toll in contravention of this section, or any person making any false representation respecting himself or any other person, or any animal or thing, with intent to obtain for himself or otherwise,-or fraudulently obtaining for himself or otherwise, any exemption under this section.

"Naval (Royal)

See further tits. "Naval Coast Volunteers,'
Volunteers," 22 § 23 Vict. c. 42, and "Yeomanry Corps."]

VOTERS. See tits. "Ballot at Elections," Offence 1; "Municipal
Elections;" and "Poor," Offence 58, ante, p. 692.

WAR DEPARTMENT STORES. See "Public Stores," ante.

26 & 27 Vict.

c. 65, s. 29.

Id. s. 30.

Id. s. 38.

Id. s. 45.

porated with the 10 & 11 Vict. c. 17. Vide Note 55, ante, p. 330, as to a penalty on witnesses, and apprehension of transient offenders; and Note 56, ante, p. 331, the requirements as to appeals, which equally apply to this title. By "The Gas and Waterworks Facilities Act, 1870," 33 & 34 Vict. c. 70, facilities are given, where powers are required, for constructing or maintaining waterworks and works connected therewith, or to supply water in any district within which there is not an existing company, &c.

(s. 3), for obtaining a provisional order of the Board of Trade, authorizing the undertaking (ss. 4, 6, 7), after the promoters have given certain notices and deposited certain documents (s. 5), which provisional order is to be published (s. 8), and confirmed by an act of parliament (s. 9); and by sect. 10, the provisions of the 10 & 11 Vict. c. 17 and 26 & 27 Vict. c. 93 [in this title] are to be incorporated with such provisional order.

3 II

O.S.

VOL. I.