Slike strani
PDF
ePub

diction charged with being a deserter under this Act, such Court may deal with the case in like manner as if such person were brought before the Court charged with an indictable offence, or in Scotland an offence. (3) The Court, if satisfied either by evidence on oath or by the confession of such person, that he is a deserter, shall forthwith, as it may seem to the Court most expedient with regard to his safe custody, cause him either to be delivered into Military custody in such manner as the Court may deem most expedient, or until he can be so delivered, to be committed to some prison, police station, or other place legally provided for the confinement of persons in custody, for such reasonable time as appears to the Court reasonably necessary for the purpose of delivering him into military custody. (4) Where the person confessed himself to be a deserter, and evidence of the truth or falsehood of such confession is not then forthcoming, the Court shall remand such person for the purpose of obtaining information as to the truth or falsehood of the said confession, and for that purpose the Court shall transmit, if sitting in the United Kingdom. to a Secretary of State, a return (in this Act referred to as a descriptive return) containing such particulars and being in such form as is specified in the fourth Schedule to this Act, or as may be from time to time directed by a Secretary of State. (5) The Court may, from time to time, remand the said person for a period not exceeding eight days in each instance, and not exceeding in the whole such period as appears to the Court reasonably necessary for the purpose of obtaining the said information. (6) Where the Court cause a person either to be delivered into military custody or to be committed as a deserter, the Court shall send, if in the United Kingdom, to a Secretary of State

[ocr errors]

a descriptive return in relation to such deserter, for which the Clerk of the Court shall be entitled to a fee of two shillings. (7) A Secretary of State shall direct payment of the said fee.

Desertion from the Navy, 10 & 11 Vic., c. 62, s. 9.It shall be lawful for the Constable of any place where any person reasonably suspected to belong to Her Majesty's Navy, and to be a deserter, or improperly absent from his duty, shall he found, or of any adjoining place, and if no such Constable can be immediately met with to secure him, then for any person in Her Majesty's service to apprehend or cause such suspected person to be apprehended, and cause him to be brought before any Justice

in or near such place, who shall examine such suspected

person, and if, by his confession, or the testimony of one or more witness or witnesses upon oath, or by the knowledge of such Justice, it shall appear that any person brought before him is a person belonging to Her Majesty's Navy, improperly absent from his duty, such Justice shall forthwith cause him to be conveyed to the nearest or most convenient public prison, and shall transmit an account thereof to the Secretary of the Admiralty, or to any Commander-in-Chief, or officer commanding any one of Her Majesty's ships or vessels, with a description of such person, and the name of the ship or vessel to which he shall or may be suspected to belong, or if any such offender shall be apprehended by any person in Her Majesty's service, or shall be apprehended in the vicinity of any one of Her Majesty's ships or vessels in commission, then such Justice shall order him to be taken on board any such ship or vessel, instead of committing him to prison; and in all cases the Justice shall certify the name of the person by whom the offender was apprehended, and such last mentioned person shall by entitled to a reward for such apprehension, according to the amount which is or may be established by the naval regulations or instructions for the time being, in that behalf, &c.

Disturbing Divine Worship.

Behaving irreverently in church or churchyard during divine service, M. at common law. Maliciously or contemptuously coming into any cathedral, parish church, chapel, or other congregation, permitted by 6 Geo. I., c. 5, Ir., and disturbing the same, or misusing any preacher or teacher, M. Maliciously fastening up any church or place of worship, or by threats or force preventing any clergyman performing the ceremony, or hurting any clergyman, F., 27 Geo. III., c. 15, Ir., s. 5. See also page 343.

the

Dogs injuring sheep.-By 25 & 26 Vic., c. 59, s. 1, owner of sheep killed or injured by a dog may recover damages (where not more than £5 claimed) from the owner of the dog in a summary way before Justices in Petty Sessions. It is not necessary to show a mischievous propensity in the dog, nor the owner's knowledge thereof, nor that the mischief was attributable to the neglect of such owner. S. 2.-The occupier of premises, or in case of inore than one, the occupier of that part of the premises where

the dog was permitted to live at the time of the injury is to be deemed the owner, unless he proves the contrary, or that the dog was remaining on the premises without his sanction or knowledge.

Dogs Regulation (Ireland) Act, 1865, 28 & 29 Vic., c. 50, s. 6. License to keep dogs, &c.-Any person having in his possession or custody any dog or dogs shall, on or before the 31st day of March in each year, take out a license for such dog or dogs in the Petty Sessions district in which he shall reside; and the Petty Sessions Clerk, upon payment by such person of the proper license duty, shall deliver such license to such person, which shall entitle such person to keep such dog or dogs for one year from and after the date of such license: Provided always that where the owner of a dog or dogs has given the custody of such dog or dogs to another person, who shall not reside in the same Petty Sessions district as the owner, the license 'for such dog or dogs shall be taken out by the person having the custody of such dog or dogs, and not by the

owner.

S. 7. Occupier liable to pay license duty.-The occupier of any house or premises where any dog or dogs are kept, or permitted to live or remain, shall be liable to pay the license duty for such dog or dogs, and in default of such payment shall be liable to the penalties incurred by persons keeping unlicensed dogs, unless the said occupier can prove to the satisfaction of the police or Justices that he is not the owner, or has not the custody of such dog or dogs and that such dog or dogs were kept, or permitted to live or remain in the said house or premises without his sanction or knowledge: Provided always that where there are more occupiers than one in any house or premises, let in separate apartments or lodgings, or otherwise, the occupier of that particular part of the premises in which such dog or dogs shall have been kept, or permitted to live and remain, shall be liable to pay the license duty for such dog or dogs.

S. 8. Every Petty Sessions Clerk shall keep "The Registry of Dogs License Book," in which he shall register the issue of such license, the date thereof, the name and residence of the person to whom issued, and the description of the dog or dogs licensed, which book shall be open to the inspection of a Justice, County Inspector, Sub-Inspector, Head-Constable, or Constable, &c.

S. 9. Where any dog previously licensed shall be trans ferred by sale or gift, the new owner shall obtain from the Petty Sessions Clerk of the district where the license was issued, a certificate, to which a sixpenny Petty Sessions

stamp shall be affixed; and the new owner shall, within fifteen days after such transfer, cause the certificate to be registered in the "Registry of Dogs License Book" for the Petty Sessions district in which he resides (no fee or stamp duty shall be payable on such registry). In default of such registry the new owner shall be liable to the penalties incurred for keeping unlicensed dogs.

S. 10. Should the person liable not pay the fee of sixpence upon certificate of registry, Justices may make a summary order requiring such payment; and such order shall be enforced.

S. 11. Every Petty Sessions Clerk shall, on or before 15th April in each year, cause to be printed or written a sufficient number of lists of persons to whom dog-licenses were granted, and shall have such posted in or near to every Petty Sessions court and police station within his district.

S. 20. Penalty for having unlicensed dogs.-Any person who shall, from and after the 31st day of March in each year, have in his possession or custody any dog or dogs not duly licensed in accordance with the provisions of this Act, shall be liable to P. not exc. £2; and the Petty Sessions Clerk shall thereupon issue such license, upon payment of the proper license duty by such person, and such license shall be held to be valid to the 31st day of March next following the date of such license; and if after such order such person shall continue to keep any dog or dogs without having obtained a license, he shall, in addition to the penalty imposed for the second and any subsequent offence pay a sum not exceeding one shilling for each day he shall have kept a dog without a license.

S. 21. Every person having in his possession or custody any dog or dogs, shall produce the license for such dog or dogs whenever so required by a Justice of the Peace, officer, Head, or other Constable of Constabulary; and in case of refusal he shall, if licensed, be liable to P. 5s.

[Under the English Act, dogs kept by blind persons are exempted. In such cases in Ireland the Constabulary are instructed not to prosecute.]

S. 22. Penalties recoverable under Petty Sessions Act, 1851.

S. 23. No penalty where failure not wilful.--No penalty shall be exacted in any case where it shall appear to the satisfaction of the Justice or Justices that the person fail. ing to comply with the provisions of this Act has not willingly been guilty of such failure, but that such failure has

been occasioned by accident: Provided always that such Justice or Justices shall forthwith order such person to take out a license for the dog or dogs in his possession or custody, or otherwise comply with the provisions of this Act, and that such person shall forthwith comply with such order.

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

[The Constabulary are to prosecute all persons not complying with this Act, and to summon such as have neglected to take out licenses on or before the 31st March in each year; after that date the petty sessions clerk, without the justice's order, cannot grant a license. The Constabulary have authority to demand from the owner the production of the license for the possession of any dog. Dogs whelped in the interval after 31st March in any year, are not liable to taxation until the succeeding 31st March. The names and addresses of the persons who have applied for licences after the 31st March in each year should be obtained from the petty sessions clerk, with a view to their being summoned. A reference to the license book will show those who have taken out their licenses in proper time, and a comparison between those two lists, and the list published the preceding year of the persons who then took out licenses, will facilitate the proper enforcement of the law by enabling the Constabulary, to a great extent, to fix upon those who have neglected its provisions.]

Dogs Act, 1871, 34 & 35 Vic., c. 56, s. 1. Dangerous stray dogs may be sold or destroyed. Any police officer or Constable may take possession of any dog that he has reason to suppose to be savage or dangerous, straying on any highway, and not under the control of any person, and may detain such dog until the owner has claimed the same, and paid all expenses incurred by reason of such detention. Where the owner of any dog taken possession of by any Constable is known, a letter, stating the fact of such dog having been taken possession of, shall be sent by post or otherwise to the owner at his usual or last known place of abode. When any dog taken in pursuance of this Act has been detained for three clear days where the owner is not known as aforesaid, or for five clear days where he is so known, without the owner claiming the same, and paying all expenses incurred by its detention, the chief officer of police of the district in which such dog was found may

« PrejšnjaNaprej »