not exceeding twelve calendar months, or may be summarily dealt with, and punishable by fine not exceeding £10, or imprisonment not exceeding six calendar months, with or without hard labour (51 & 52 Vict. c. 47, s. 12), or offending against any of the provisions of the Act, or guilty of any misconduct or illegality in case of any distress or execution within the Act other than that mentioned in section 12. Summary jurisdiction.-Penalty not exceeding £10, or imprisonment, with or without hard labour, not exceeding three calendar months: 51 & 52 Vict. c. 47, s. 13.

BEGGING.

Begging in public street, or highway, or causing children to do so, or going from union to union for relief. Summary jurisdiction.-Penalty, imprisonment not exceeding one month: 10 & 11 Vict. c. 84, s. 3; such cases may be heard out of Petty Sessions: 14 & 15 Vict. c. 93, s. 22; children under fourteen years found begging, or being in any street, and for the purpose of: see 31 & 32 Vict. c. 25, s. 11.

BOOTHS AT FAIRS,

Booths and tents at fairs and public races not to be open for the sale of spirits, wine, or beer between six o'clock in the evening and nine in the morning between the first of April and the first of October, or between three o'clock in the afternoon and nine o'clock in the morning at any time between the first day of October and the first of April, nor at any time on Sunday, Good Friday, Christmas Day, or any day appointed for a public feast or thanksgiving. Summary jurisdiction.-Penalty, £2: 6 & 7 Will. IV. c. 38, s. 5.

By the Licensing Act (Ireland), 1874, sect. 4, an occasional licence is now required for the sale of any intoxicating liquor at fairs and races.

BURIAL.

By the Public Health (Ireland) Act, 1878 (41 & 42 Vict. c. 52), s. 170 : Where by usage or otherwise any grave, vault, or place of interment in any burial-ground or cemetery has been the burying-place of and used as such by any family, no corpse of any person not having been a member of such family shall be buried in such grave, vault, or place of interment, without the consent in writing of some immediate relative of the member of such family last interred therein and if any person shall knowingly act or assist in any burial contrary to the provisions of this section, every such person shall be liable, on summary conviction before a court of summary jurisdiction, to a penalty not exceeding £10; and upon any complaint made under this section it shall be lawful for the Court to make such order for the exhumation and re-interment of such corpse. so buried as to such Court shall seem fit.

Where an order is made by the Local Government Board under the Public Health (Ireland) Act, 1878, for the discontinuance of burials in any specified place, persons knowingly and wilfully burying or assisting in the burial of any body contrary to the provisions of the order, are liable on summary conviction to a penalty not exceeding £10: 41 & 42 Vict. c. 52, s. 167.

BURIAL-GROUND.

No animal of any description shall be allowed to graze or be within the limits of any burial-ground having a sufficient fence, under a penalty not exceeding two shillings, and not less than one shilling for each animal found within such burial-ground: 41 & 42 Vict. c. 52, s. 171. Riotous, violent, or indecent behaviour in any churchyard or burialground, or molesting, disturbing, &c., any preacher or clergyman in holy orders ministering or celebrating, &c., therein. Summary jurisdiction.Penalty, not exceeding £5, or imprisonment not exceeding two months: 23 & 24 Vict. c. 32, s. 2. Obstructing, &c., or endeavouring to obstruct, &c., any clergyman or other minister in the performance of his duty in any churchyard or other burial-place, a misdemeanour : 24 & 25 Vict. c. 100, s. 36.

BURNING LANDS. (b)

Where the landlord, owner, or other person interested in the preservation of the premises, or any agent acting on his behalf, shall by affidavit satisfy any justice of the county, not being a party interested in the premises, that there exists probable and just grounds of suspicion that any tenant, &c., intends unlawfully to burn any part of the soil or surface, or sub-soil, of the lands he is in possession of, or that he is in the act of doing or suffering such, it shall be lawful for such justice to issue his precept (c) in writing under his hand and seal, in the form No. 1 in the schedule to Act, commanding all persons to desist from such waste or injury: 23 & 24 Vict. c. 154, s. 35. And any person, after the service or posting of such precept, proceeding with or continuing the act prohibited by such precept, or aiding, &c., in so doing, is liable on summary conviction to imprisonment not exceeding one calendar month: 23 & 24 Vict. c. 154, s. 36.

CHURCHES AND CHAPELS.

Causing disturbance in.-Any person guilty of riotous, violent, or indecent behaviour in any church or chapel, churchyard, or burialground, or who shall molest, &c., any preacher or clergyman ministering therein, may be convicted before two justices.-Penalty, not more than £5 for each offence, or (in lieu of pecuniary penalty) imprisonment not exceeding two months: 23 & 24 Vict. c. 32, s. 2.

Setting fire to.-A felony: 24 & 25 Vict. c. 97, s. 1. Demolishing.-Riotously and tumultuously assembling and demolishing, a felony id. s. 11.

(b) The Irish Statutes 17 Geo. II. c. 10, 3 Geo. III. c. 29, 5 Geo. III. c. 10., 40 Geo. III. c. 24, and 50 Geo. III. c. 115, imposing penalties to the amount of £10 per acre, recoverable before two justices, have been repealed by 23 & 24 Vict. c. 154, s. 104. By section 30 of that statute, tenants under any lease or other contract of tenancy conferring an

estate or interest less than a perpetual estate or interest, burning the soil or surface of the land or any part thereof, are liable to a penalty (recoverable by civil bill) not exceeding £20 for each statute acre or any fractional part of an acre on which such burning shall take place. (c) See the Landlord and Tenant Amendment Act, 1860.

COIN.

The following are punishable on summary conviction : (d)

Tendering, uttering, &c., defaced coin.-Penalty, not exceeding 40s.; section 17 (e). Having in one's possession without lawful excuse more than five pieces of false or counterfeit coin, resembling or apparently intended to resemble gold, silver, or copper foreign coin.-Penalty, forfeiture of the coins (f) and a sum not exceeding 40s., nor less than 10s., for every such piece id. s. 23. Coin suspected to be diminished or counterfeit may be cut by any person to whom it is tendered, and the loss is to be decided by justices in a summary way: id. s. 26, and see 33 Vict. c. 10, s. 7.

As to search warrant for tools for making counterfeit coins, see id. s. 27. As to proof of coin being counterfeit, whereupon the trial of any person charged with any offence against the 24 & 25 Vict. c. 99, it shall be necessary to prove that any coin produced in evidence against such person is false or counterfeit, it shall not be necessary to prove the same to be false or counterfeit by the evidence of any moneyer or other officer of Her Majesty's Mint; but it shall be sufficient to prove the same to be false or counterfeit by any other credible witness: id. s. 29.

By 33 Vict. c. 10, any person making or issuing any piece of gold, silver, copper, or bronze, or any metal or mixed metal, as a coin or token for money, or as purporting that the holder thereof is entitled to demand any value denoted thereon, is liable on summary conviction to a penalty not exceeding £20: s. 5. s. 5. Any one forging or counterfeiting marks of standard weights, or altering any weight marked under this Act, or uttering, selling, or using any weight with counterfeit mark, or any altered weight, &c., is liable to a penalty not exceeding £50: id. s. 17 (g).

By the Counterfeit Medal Act, 1883 (46 & 47 Vict. c. 45), sect. 2, making, or having in possession for sale, or offering for sale, or selling medals resembling current coin, is a misdemeanour.

CONSPIRACY.

A misdemeanour at common law. Two or more persons agreeing-1st, falsely to charge another with a crime, as a conspiracy to charge a man falsely with treason felony, or misdemeanour, is indictable; but it is not an indictable offence for two or more persons to consult and agree to prosecute a person who is guilty, or against whom there are reasonable grounds of suspicion. 2nd, to injure or prejudice another; thus conspiracy to impose pretended wine upon a man, as and for true and good Portugal wine, in exchange for goods; a conspiracy to defraud the public by means of a mock auction, that is, an auction with show

(d) Every offence punishable under this Act on summary conviction in Ireland may now be prosecuted before any justice or justices sitting in petty sessions, or two justices out of petty sessions, or one divisional justice of Dublin metropolis: 25 & 26 Vict. c. 50,

s. 2.

(e) Proceedings for this penalty cannot be taken without the consent of the Attorney-General: sect. 17.

(f) Which are to be cut in pieces and destroyed, by order of the justices, sect. 23.

(g) As to method of recovering these penalties, see sect. 18.

bidders who pretend to be real bidders for the purpose of selling goods at prices grossly above their worth; a conspiracy by a female servant and a man whom she got to personate her master and marry her, in order to defraud her master's relations of a part of his property after his death; a conspiracy to injure a man in his trade or profession; a conspiracy by false and fraudulent representations that a horse bought by one of the defendants from the prosecutor was unsound, to induce him to accept a less sum for the horse than the agreed price; a conspiracy to raise the price of the funds by false rumours, as being a fraud upon the public; a conspiracy by persons to cause themselves to be reputed men of property, in order to defraud tradesmen; a conspiracy by traders to dispose of their goods in contemplation of bankruptcy, with intent to defraud their creditors; a conspiracy to procure the defilement of a girl. 3rd, to commit any offence punishable by law; thus, a conspiracy to commit a felony or misdemeanour is indictable. 4th, to pervert, obstruct, prevent, or defeat the course of justice; thus, a conspiracy by certain justices to certify that a highway was in repair, when they knew it to be otherwise, was holden to be indictable; so, where several persons conspired to procure others to rob one of them, in order, by convicting the robber, to obtain the reward then given by statute in such case, and the party who accordingly committed the robbery was afterwards convicted, and actually executed, these persons were indicted for the conspiracy and convicted. 5th, to effect legal purposes by illegal means or with a corrupt intent. 6th, to which may be added conspiracies or combinations by employers or workmen in the course of trade disputes; conspiracy to murder, a misdemeanour id. s. 4.

CONSTABLES.

Refusing to aid a constable in the execution of his duty is a misdemeanour at common law,

Assaulting constables.-Assaulting, resisting, or wilfully obstructing any peace officer in the due execution of his duty, a misdemeanour : 24 & 25 Vict. c. 100, s. 38, infra, p. 819. But justices have power to deal summarily with any assault on a peace officer when they consider the offence so trivial as not to require being dealt with by a superior tribunal: 25 & 26 Vict. c. 50, s. 10, infra, p. 481. By the Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112, s. 12), any person summarily convicted of an assault on any constable when in the execution of his duty, is liable to a penalty not exceeding £20, or imprisonment, with or without hard labour, not exceeding six months; or in case such person has been convicted of a similar assault within two years, nine months imprisonment, with or without hard labour. And by the Criminal Law and Procedure (Ireland) Act, 1887 (50 & 51 Vict. c. 20, sect. 3), any person who, in a proclaimed district, shall assault, or wilfully and unlawfully resist, or obstruct, any constable while in the execution of his duty, or shall assault him in consequence of such execution, shall be liable, on summary conviction under that Act, to imprisonment, with or without hard labour, not exceeding six months.

Neglecting to return unexecuted warrant.-By 14 & 15 Vict. c. 93, s. 35, any sub-inspector, head or other constable, neglecting to return

any unexecuted warrant at the time required by the justices, or committing any wilful default in respect to the execution of the same, is liable on summary jurisdiction to a penalty not exceeding £5, to be deducted from his pay.

Neglecting to pay over amounts levied under warrants.-By 14 & 15 Vict. c. 90, s. 8, cl. 2, infra, p. 760, any member of the constabulary or metropolitan police force, by whom any warrant shall be executed, who shall neglect to pay over the amount received or levied thereunder, or to account for such levies.-Penalty not exceeding £20, on summary conviction before two justices in Petty Sessions.

Neglect of duty. Any constable neglecting or refusing to obey and execute any warrant, or guilty of any neglect or violation of duty in his office, is liable, on summary conviction before two justices, to a penalty not exceeding £5, to be deducted from his pay: 6 Will. IV. c. 13, s. 19.

To deliver up arms, &c. on dismissal.-Constables neglecting, when dismissed, to deliver up their arms, accoutrements, &c., are liable, on summary conviction, before two justices, to imprisonment not exceeding two months, with hard labour id. s. 20.

Resigning without leave.-Constables resigning or withdrawing without leave are liable, on summary conviction before two justices, to a penalty not exceeding £10, or in default imprisonment not exceeding three months, with hard labour: id. s. 21.

Assuming dress, name, &c., of constables.-Persons unlawfully in possession of arms, clothing, accoutrements, &c., supplied to constables, and unable satisfactorily to account for the same, or assuming the dress, name, designation, &c., of any constable for the purpose of obtaining admission into any house or place, shall, in addition to what he is by law liable for assuming a false name, dress, &c., be liable, on summary conviction before two justices, to a penalty not exceeding £10, and in default of payment to imprisonment not exceeding one month, with hard labour: id. s. 25.

Constables appointed under Towns Improvement Acts.-Very similar provisions to the foregoing, under 6 Will. IV. c. 13, have been enacted with respect to constables appointed under Towns Improvement and Towns Regulation Acts: see 10 & 11 Vict. c. 89.

Additional constables.-By 8 & 9 Vict. c. 46, upon application of the company or other parties carrying on the construction of any railway, canal, or other public works, or upon application of two or more justices, to whom it shall appear on oath that the appointment of additional constables is necessary, in consequence of the behaviour, or reasonable apprehension of the behaviour, of the persons employed in said works, the Lord Lieutenant may appoint additional ones to those appointed under 6 Will. IV. c. 13.

Appointment of special constables.-By 2 & 3 Will. IV. c. 108, where tumult or riot has taken place, or may be apprehended, two or more justices of the peace may appoint by writing under their hand persons to act as special constables and administer the following oath :" I, A. B., do swear that I will well and truly serve our sovereign lord the king, in the office of special constable for the parish [or townland or district] of - without favour or affection, malice or ill-will, and that I will to