6d. for entry of order should be paid at the time of so entering the case for hearing. If paid by the complainant, and if the case be dismissed, it ought to be retained as against him, whether the case be dismissed with or without costs. By circular, 16th March, 1865, no sum is payable in respect of the entry of a case for hearing, and if neither the complainant nor defendant appears the case should be simply struck out and no order made.

(17). If the complainant does not appear, there can be no entry, unless the defendant appear and seek to have the case entered for a dismiss, as a preliminary to which he should pay the 6d. fee on entry of the order of dismissal, By circular, 16th March, 1865, on the entry of any order, the 6d. for the stamp to be affixed thereto, is payable by the person at whose instance the case has been heard.

(18). An adjournment, whether on application of parties, or by the court, is an order, and requires a stamp. When an adjournment takes place at the request of a party, such party ought to pay the stamp duty of 6d. on the entry of

the order.

By circular of 16th November, 1859, the ordinary adjournments of cases from one court day to another, of which notes or memoranda are made amongst the minutes of the proceedings of the court, do not require stamps, as they are not orders liable to stamp duty within the meaning of the statutes; but there sometimes arises, in the course of a case, a necessity for a special order, involving an adjournment and something else; and the law officers are of opinion that such special orders are liable to stamp duty.

66

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(19). Such entries as cases withdrawn," "settled," appearance," are not entries of orders, but memoranda of reasons why no order is made.

(20). In directing informations to be taken, a justice acts ministerially, and not judicially; there ought not, therefore, to be any stamp on the entry.

(21). The order for discharge of a prisoner amounts to a dismissal of the complaint, and should be so treated in the order book.

(22). Deserters.--On deserters' returns, under the Mutiny Act, the deposition (1s.), the entry of order (6d.), and the warrant of committal (6d.), ought all to be stamped, and thus the 2s. fee, mentioned in the Act, will be exhausted.

(23). If a person be arrested on suspicion of being a deserter, but from defect of evidence be not committed, no stamp is required on his discharge.

(24). Attestation of Recruits.--The attestation of a recruit is liable to stamp duty.

(25). Loan Funds.--The provisions in the Loan Fund Act, 6 & 7 Vic., c. 91, as to the cost of forms of summons, warrants, &c., is virtually repealed by the 21 and 22 Vic., c. 100, s. 14; and such documents must have a stamp affixed to each.

(26). Constabulary.--The Constabulary should supply all the stamps to be used in cases prosecuted by them, whether for the summonses, &c., issued, or for the entries in the order book. On each stamped form used in such cases, one of the justices should indorse the words "Constabulary Prose

cution."

(27). In all cases of prosecutions at Petty Sessions in the name of Town Commissioners, the red stamps should not be used, but the Commissioners or their Clerk should supply the stamps for such proceedings, which can be had from the Clerk of Petty Sessions.

(28). Red stamps are to be used in cases of prosecutions of suspected deserters.

Petroleum Act, 1871, 34 and 35 Vic., c. 105 (see also 42 and 43 Vic., c. 47), regulates the safe keeping, landing, labelling, storing, licensing, testing and searching for petroleum (as defined by Act).

The Act 44 and 45 Vic., c. 67, regulates the hawking of petroleum and other substances of a like

nature.

The term "petroleum" includes any rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coalschist, shale peats, or other bituminous substance, and any other product of petroleum, or any of the abovementioned oils. The petroleum to which the Act applies means such petroleum as when tested gives off an inflammable vapour at a temperature of less than 73 degrees of Fahrenheits' thermometer.

[The law requires that petroleum shall not be kept except in pursuance of a license granted by the local authority (Town Council, Town Commissioners, or Justices in Petty Sessions); but it may be kept for private use or for sale, provided the following conditions are complied with:

(1). That it is kept in separate glass, earthenware, or metal vessels, each of which contains not more than a pint, and is securely stoppered.

(2). That the aggregate amount kept, supposing the whole contents of the vessels to be in bulk, does not exceed three gallons.

To the license there may be annexed such conditions as to the mode of storage, the nature and the situation of the premises in

which, and the nature of the goods with which such petroleum is to be stored, and generally as to the safe keeping of such petroleum, as may seem to be expedient to the local authority. Warrant to search for and seize petroleum illegally kept may be granted by Magistrates in Petty Sessions ]

Piracy is taking a ship on the high seas or within the jurisdiction of the Lord High Admiral from the possession or control of those who are lawfully entitled to it, and carrying away the ship itself, or any of its goods, tackle, apparel, or furniture, under circumstances which would have amounted to robbery if the act had been done within the body of an English (or Irish) county, F.-(See 7 Will. IV., and 1 Vic., c. 88; 11 & 12 Vic., c. 7.)

Plate. By 28 Geo. III., c. 49, s. 7.--Defacing names, crests, or arms, upon any watch, or upon any article of family plate, whether gold or silver, or employing any one so to do, without the consent of the owner in writing, or of some person duly authorized to sell the same, etc., unless such articles shall be fairly and openly sold by a reputable auctioneer at a public auction duly advertised, M.

1.

game

Poaching Prevention Act, 25 and 26 Vic., c. 114.--S. The word " " in this Act shall for all the purposes of this Act be deemed to include any one or more hares, pheasants, partridges, eggs of pheasants and partridges, woodcocks, snipes, rabbits, grouse, black or moor game, and eggs of grouse, black or moor game.

S. 2. Constables may search persons.--It shall be lawful for any constable or peace officer in any county, borough, or place in Great Britain and Ireland, in any highway, street, or public place, to search any person whom he may have good cause to suspect of coming from any land where he shall have been unlawfully in search or pursuit of game, or any person aiding or abetting such person, and having in his possession any game unlawfully obtained, or any gun, part of gun, or nets or engines used for the killing or taking game, and also to stop and search any cart or other conveyance in or upon which such constable or peace officer shall have good cause to suspect that any such game or any such article or thing is being carried by any such person, and should there be found any game or any such article or thing as aforesaid upon such person, cart, or other conveyance, to seize and detain such game, article, or thing; and such constable or peace officer shall in such case apply to some justice of the peace for a summons

citing such person to appear before two justices of the peace assembled in petty sessions, and if such person shall have obtained such game by unlawfully going on any land in search or pursuit of game, or shall have used any such article or thing as aforesaid for unlawfully killing or taking game, or shall have been accessory thereto, such person shall, on being convicted thereof, forfeit and pay any sum not exceeding £5, and shall forfeit such game, guns, parts of guns, nets, and engines, and the justices shall direct the same to be sold or destroyed, and the proceeds of such sale, with the amount of the penalty, to be paid to the treasurer of the county or borough where the conviction takes place; and no person who, by direction of a justice in writing, shall sell any game so seized shall be liable to any penalty for such sale; and if no conviction takes place, the game or any such article or thing as aforesaid, or the value thereof, shall be restored to the person from whom it had been seized.

[To justify a conviction for this offence four conditions must exist (1) The accused must be found in a highway, street, or public place; (2) the Constable must have good ground to suspect that he is coming from land where he has been unlawfully in search of game; (3) he must have in his possession some game unlawfully obtained, or a gun or part of a gun, or net or engine for killing or taking game; (4) the game must have been found on him, or in any cart or conveyance in his charge. The Constabulary have no duty to inquire whether parties have excise licenses or not, and they should not make such inquiry. Their duty is simply to search and summon persons who have been searching for, pursuing or killing game on lands where they have no leave to go; and whether such persons have an excise license or not, they are still exposed to the consequences of the law provided by this statute. The Constabulary need not point their suspicions to any particular land, as the place where such person was poaching, but may act on circumstances which afford reasonable grounds to suspect he was poaching somewhere. It is not necessary for a conviction to prove such person was poaching on any particular lands, The Act does not empower a Constable to take the person into custody, but the game, nets, or engines should be seized. A Constable has no authority under the Act to seize dogs or ferrets. It is not necessary in order to convict a number of defendants found together that a gun, net, game, etc, should be found on each of them.]

Poisoned Grain Prohibition Act, 1863, 26 and 27 Vic., c. 113, s. 2.-Offering, or exposing for sale, or selling any grain, seed, or meal, steeped or dipped in poison as thereby to render the same poisonous and calculated to destroy life, O.--S. 3. Person knowingly and wilfully sowing any such grain, or seed, O.

Poisoned Flesh Prohibition Act, 1864, 27 and 28 Vic., c. 115, s. 2.--Knowingly and wilfully setting, laying or placing, upon any land any flesh or meats which has been mixed with or steeped in poison so as to render it poisonous, O. Provided that nothing shall prevent owner or occupier of land laying poison after a notice has been posted in a conspicuous place, and notice in writing has been given to the nearest Constabulary station.

Post Office Offences, 7 Will. IV., and 1 Vic., c. 32.--S. 25. Every person employed by or under the Post Office who shall contrary to his duty open or procure, or suffer to be opened, a post letter, or shall wilfully detain or delay, or procure or suffer to be detained or delayed, a post letter, M.-S. 26. Every person employed under the Post Office who shall steal, or shall for any purpose whatever embezzle, secrete, or destroy a post letter, F.--S. 27. To steal from or out of a post letter any chattel or money or valuable security, F.-S. 28. To steal a post letter bag, or a post letter from a post letter bag, or to steal a post letter from a post office, or from an officer of the Post Office, or from a mail, or to stop a mail with intent to rob or search the same, F. --S. 29. To steal or unlawfully take away a post letter bag sent by a post office packet, or to steal or unlawfully take a letter out of any such bag, or unlawfully to open any such bag, F.-S. 30. To receive any post letter or post letter bag, or any chattel or money or valuable security,the stealing or taking or embezzling or secreting whereof shall amount to a felony under the Post Office Acts, knowing the same to have been feloniously stolen, taken, embezzled, or secreted, and to have been sent or to have been intended to be sent by the post, F.-S. 31. Every person who shall fraudulently retain, or shall wilfully secrete or keep or detain, or being required to deliver up by an officer of the Post Office, shall neglect or refuse to deliver up a post letter which ought to have been delivered to any other person, or a post letter bag or post letter, which shall have been sent, whether the same shall have been found by the person secreting, keeping, or detaining, or neglecting or refusing to deliver up the same or by any other person, M.-S. 32. Person employed in the Post Office to steal, embezzle, secrete, destroy, or wilfully detain any printed paper sent by post, M.-S. 33. Forging the name or handwriting of the ReceiverGeneral of Post Office, F.--S. 34. Forging franks on letters to avoid the payment of postage, F.-(See also 3 and 4 Vic., c. 96.)