as is usually given to persons travelling by and paying 25 & 26 Vict. their fare for such steamer c. 63. obstruction. [Penalty not exc. 40s. (n),—not to affect the recovery of the fare.] 36. Any person on board any such steamer who wilfully Damage or does or causes to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of such steamer, or to obstruct, impede, or molest the crew or any of them in the navigation or management of such steamer, or otherwise in the execution of their duty upon or about such steamer[Penalty not exc. £20 (n).] Metal Dealers. 24 & 25 VICT. c. 110; 34 & 35 VICT. c. 112, s. 13. 1, 2. [The Old Metal Dealers Act, 1861."] 3. In . . . . this Act the term "Dealer in old metals" shall mean any person dealing in, buying, and selling old metal, scrap metal, broken metal, or partly manufactured metal goods, or defaced or old metal goods, and whether such person deals in such articles only, or together with second-hand goods or marine stores,-and the term "old metals" shall mean the said articles. 24 & 25 Vict. c. 110. Definitions. 4. [Any justice, upon oath that the complainant has reason Search warrant. to believe and does believe that any old metal stolen or unlawfully obtained is kept in any house, shop, or place by any dealer in old metals within his jurisdiction, may give authority, by special warrant, to any constable or police officer to enter in the daytime such house or place, and to search for and seize all such old metals there found, and to carry them before a justice of that jurisdiction, who shall thereupon issue a summons to such dealer,—and if such dealer shall not then prove to the satisfaction of two justices how he came by the said articles,— or if any such dealer shall be found in possession of any old Possessing stolen metal which has been stolen or unlawfully obtained (0), and it goods. (n) Procedure.-As in note (b), ante, p. 494. The master or other officer of the steamer, and any person called to assist, may detain these offenders when the name and address is not known, and carry them before some justice, who may hear the case (s. 37). Complaints by passengers as to breaches of stipulations in any contract tickets may be decided summarily by 2 justices, who may award damages and costs not to exceed the passage-money and £20, in default imprisonment not exc. 3 months, with or without hard labour (18 & 19 Vict. c. 119, ss. 73, 85). (0) It would seem that it is not necessary to prove that the goods were concealed or that they were found under a search warrant (R. v. Wilcock, 14 L. J. M. C. 104; 1 N. Sess. C. 651; 9 Jur. 729; 9 J. P. 324, decided on 17 Geo. 3, c. 56, s. 10). 24 & 25 Vict. shall be proved that he had reasonable cause to believe it to c. 110. Registration (2). have been stolen or unlawfully obtained Penalty not exc. £5;-and for any subsequent offence not exc. £20, or Imprisonment not exc. 3 calendar months (p):-nothing herein shall affect proceeding by indictment; but no person shall be prosecuted by indictment and under this Act for the same offence.] 5. [When any dealer in old metals is convicted of either of the offences aforesaid, any two justices of the petty sessional district may order him to be registered at the principal police office in a book kept for the purpose (Form 1 in Schedule (r)), (p) Procedure.-Within 6 months, 2 justices (s. 9). Penalties enforced by Imprisonment under Small Penalties Act, if not exc. £5 with costs; or by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Applicable in whole or part to compensate for any wrong suffered, or towards the expences of the proceedings, the rest to the treasurer of the county or borough (s. 10); Expences may be allowed (s. 9) as under 7 Geo. 4, c. 64 (Introd. p. 11). Appeal: persons convicted under s. 4, or whenever a penalty exc. £5 (exclusive of costs, R. v. JJ. Warwickshire, ante, p. 173) is adjudged, may appeal to the general or quarter sessions held next after 12 days from conviction, on giving notice in writing to the justices or complainant, within 3 days after conviction and 7 days before the sessions, and entering into recognizance with two sureties within the said periods (s. 11). (9) Convictions under 30 & 31 Vict. c. 128, " PUBLIC STORES," or 32 Vict. c. 12, "NAVAL STORES," are for the purposes of registration equivalent to convictions under this Act. c. 110. and after such registration he shall be subject to the regulations 24 & 25 Vict. herein-after provided, for such period, not exc. 3 years, as such justices shall order; and if such dealer shall during such period be convicted of any offence under this Act, the convicting justices may order such period to be extended for not more than 3 years after it would otherwise expire; and so on for any further convictions: Provided that where any dealer in old metals who is also a dealer in marine stores within s. 480 of the "Merchant Shipping Act, 1854," is registered as aforesaid, he shall likewise conform to the regulations contained in the said section and be liable to the penalties therein.] 6. [Every dealer in old metals subject to the regulations Change of abode. aforesaid, shall give notice of any removal at the police office where he is registered Penalty if he carry on business as a dealer in old metals without giving such notice, not exc. £5, and not exc. 10s. for every day after the first (s);—and where he removes to any place out of the district in which he is registered, the superintendent of police shall transmit a certificate of registration signed by himself (which shall be evidence) with a certified copy of the order of justices, to the clerk of the justices for the district in which such dealer has taken up his residence, and any of the justices of such district may thereupon summon such dealer, and if it shall appear to two such justices that he intends carrying on business as a dealer in old metals, they may order him to be registered as under s. 5.] 7. [Two justices by order in writing may authorize one or Inspection. more inspectors or serjeants of police to visit at any time the places of business and inspect the goods and books of dealers subject to the regulations aforesaid within their district, and such inspector or serjeant shall record in the book kept by such dealer the day and hour of his visit, and initial or sign every entry examined by him.] 8. [Every dealer registered as aforesaid during the period Regulations. ordered-1. Shall keep a book, and enter therein (Form 2 in Schedule (t)) an account of all metals he may become possessed of, with the name of the person receiving the same, the time, and the name, business, and abode of the person from whom he received the same; he shall also enter in a book (Form 3 (t)) an account of all old metals disposed of, with the name, business, and abode of the person to whom he disposed of the same; and every such entry shall be deemed, unless the contrary be shown, to have been made by or with the authority of the dealer to whom the book belongs:-2. He shall not by himself or any other person purchase or receive any old metals before 9 A.M. nor after 6 P.M., nor from any person apparently under the age of 16 years, nor shall he employ (s) Procedure.-See note (p), ante, p. 500. (t) See note (r), ante, p. 500. c. 110. 24 & 25 Vict. any servant, apprentice, or any other person under the age of 16 years to purchase or receive old metals:-3. Shall produce to the police, authorized under the preceding section, when requested, the said books, and any metals then in his possession; and such old metals shall be deemed in his possession when placed in any house, outhouse, yard, garden, or place occupied by him, or removed with his knowledge and permission to any other place without a bona fide sale thereof having been made by him:-4. He shall without delay give notice at the nearest police station of any articles coming into his possession answering to articles stolen, embezzled, or fraudulently obtained, of which printed or written information, with a description, is given to him by any officer of police :-5. He shall keep all old metals received by him without changing the form in which they were purchased, or disposing of the same in any way within 48 hours Limit of quantities bought. Penalty not less than 20s. and not exc. £5,-and for every subsequent offence not less than £5 and not exc. £20 (u).] 34 & 35 VICT. c. 112, s. 13. Any dealer in old metals (v) who either personally or by any servant or agent purchases, receives, or bargains for any metal mentioned in the . . . . schedule (x), whether new or old, in any quantity at one time of less weight than the quantity set opposite each such metal . . [Penalty not exc. £5 (y).] .... (u) Procedure.-See note (p), ante, p. 500. The definition of "Dealer in old metals" in this section is precisely similar to that of 24 & 25 Vict. c. 110, s. 3, supra. Quantities of not (x) SCHEDULE:— less than Lead, or any composite the principal ingredient of which is 112 lbs. Copper, or any composite the principal ingredient of which is copper 56 19 56 99 56 Brass, or any composite the principal ingredient of which is brass 56 29 (3) Procedure (s. 17), under 11 & 12 Vict. c. 43.-Within 6 months; 2 justices in petty sessions, or the Lord Mayor, or a police or stipendiary magisPenalties enforced by Imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable to the county treasurer (Introd. p. 38). Appeal, none. trate. Military Law (z). 37 VICT. c. 5. (Annual Act.) 1-5. [Preliminary.] 6-33. [Courts martial.] 34. [Upon reasonable suspicion that a person is a deserter Deserters (a) any constable, or if no constable can be immediately met with any officer or soldier in Her Majesty's service, or other person, may apprehend and bring such person before any justice living in or near the place where he was so apprehended and acting for the county, place, or borough wherein such place is situate, or for the county adjoining;-and such justice shall inquire whether such suspected person is a deserter, and may remand him under 11 & 12 Vict. c. 43 (Introd. p. 29)—and if it appear by the testimony of one or more witnesses on oath, or by the confession of such person duly confirmed, that such person is a deserter, such justice shall cause him to be conveyed in civil custody to the head quarters or depôt of the regiment or corps to which he belongs, if within an easily accessible distance, or else to the nearest or most convenient public prison (other than a military prison) or police station, whether in the county or borough in which such suspected person was apprehended or committed, or not; or if the deserter has been apprehended by a party of his own regiment or corps in charge of a commissioned officer, such justice may deliver him to such party; the justice shall transmit an account of the proceedings, in the form prescribed, to the Secretary of State for War, specifying whether such deserter was taken to the head quarters or depôt, or committed to prison, and stating the names of the persons by or through whom the deserter was apprehended; and for such information, commitment, and report the clerk shall be entitled to 28. and no more, to be paid by the gaoler or other person into whose custody the deserter is committed, who may also pay the medical practitioner's fee of 28. 6d.] 35. [Detention of deserters in gaols.] 36. [Recruits, who have been attested or have received pay, deserting before joining their regiments, may be committed as deserters.] 37. Any person who shall confess himself to be a deserter Fraudulent (2) Marines.-The annual Marine Mutiny Act is merely a repetition of this Act; but the marines are under the jurisdiction of the Admiralty, and the returns must therefore be sent to the Secretary of the Admiralty. Enlistment of marines, see 10 & 11 Vict. c. 63, and 20 Vict. c. 1. (a) Aiding in or inducing desertion, Imprisonment not exc. 6 months, with or without hard labour (s. 81, infra). confession of desertion. |