7. Where a seaman deserts from, or refuses to join his ship, he may be arrested by the master, mate, owner, ship's husband, or consignee.(a) 8. Where the arrest is of a principal by his bail. (b) 9. Where power is given, by their private acts, to railway companies to arrest, by their servants, persons whose names are unknown, and who have committed certain offences specified in those acts. 10. Where a person travels on a railway without paying his fare, with intent to avoid paying it, he may be arrested by the company's servants. (c) 11. Where the prisoner has committed an offence under the "Cruelty to Animals Act, 1835," he may be apprehended on the view, by the owner of the animal.(d) 12. A water bailiff and his assistants may apprehend any person found at night, (i) Taking, or killing, salmon; (ii) Being near a salmon river with intent to take, or kill, a salmon ; (iii) Having in his possession any instrument forbidden by the Salmon Acts, 1861, 1873.(e) 13. Where the prisoner has been found committing an offence under the "Night Poaching Act," he may be apprehended by the owner or occupier of the land where the offence has been committed, or the lord of the manor, or their gamekeepers or servants.(f) 14. Where the prisoner has been obstructing an inspector (a) 17 & 18 Vict. c. 104, s. 246. (b) Anon. 6 Mod. 231. (c) 8 Vict. c. 20, ss. 103, 104. (d) 5 & 6 Will. 4, c. 59, s. 9. (e) 36 & 37 Vict. c. 70, s. 105. (ƒ) 9 Geo. 4, c. 69, s. 2 ; 7 & 8 Vict. c. 29. 66 or other officer acting under the Contagious Diseases (Animals) Act, 1869." (g) 15. Where the prisoner was found committing an act for which he is liable to a penalty under "The Explosive Substances Act, 1875," he may be apprehended by an officer of "the local authority," or by the occupier of the premises endangered by such act, or by his agent.(h) 16. Where the prisoner, whose name is unknown, has attempted to cheat a tramway company, the servants of the company may arrest him.(2) 17. An inmate of a workhouse or casual ward guilty of disorderly conduct may be arrested by the master or porter of the workhouse.(k) 18. Where a pedlar refuses to show his license to(i) A justice of the peace; (ii) Any person to whom he offers goods for sale; (iii) Any person on whose premises he may be ; such person may apprehend him.(1) 19. Where the driver of any waggon or cart on any highway (i) Rides on the vehicle or horses (when not driven with reins); (ii) Negligently or wilfully causes damage to what is passing him ; (iii) Quits the road and goes on the other side of the hedge; (iv) Is negligently at too great a distance from his horses to have them under control; (v) Leaves his vehicle so as to obstruct the highway; (g) 32 & 33 Vict. c. 108, s. 8. (i) 33 & 34 Vict. c. 78, s. 52. (k) 34 & 35 Vict. c. 108, s. 8. (1) 34 & 35 Vict. c. 96, s. 18. (vi) Does not have the owner's name painted on the vehicle, and refuses to give such name; (vii) Does not keep on the near side of the road; (viii) Wilfully prevents another from passing him ; (ix) Rides or drives furiously; He may be arrested by any person who sees him committing the offence.(a) 20. Where, in a royal park or garden, the prisoner has committed an offence against "The Royal Parks and Gardens Act, 1872," within the view of the park-keeper, and his name and address is unknown, he may be apprehended by such park-keeper.(b) 21. Where any person sees another wilfully damaging lamps or property vested in the London County Council or a vestry and apprehends him.(c) 22. Where the prisoner, whose name is unknown, has committed an offence against the "Metropolis Local Management Act, 1855," or any bye-law made thereunder, he may be apprehended by any servant of the London County Council or of a vestry. (d) 23. Where the prisoner has produced to a pawnbroker a ticket which the latter reasonably suspects to be forged, altered, or counterfeited, the pawnbroker may apprehend him. (e) 24. Where the prisoner has exposed spirits for sale elsewhere than in a duly licensed place. (f) 25. Where a man has voluntarily gone into a duly licensed "retreat" under the "Habitual Drun kards Act, 1879," he may be forcibly detained (a) 5 & 6 Will. 4, c. 50, s. 78. (b) 35 & 36 Vict. c. 15, s. 5. (c) 18 & 19 Vict. c. 120, s. 206; 51 & 52 Vict. c. 41, s. 40 (8). (d) Ibid. s. 229. (e) 35 & 36 Vict. c. 93, s. 49. (f) 23 & 24 Vict. c. 114, s. 197. there during the period he has agreed to remain there.(g) 26. Where a person is a dangerous lunatic, and likely to do immediate mischief to himself or others, he may be secured until the legal forms for his removal can be carried out.(h) 27. When a person is of unsound mind, provided the procedure ordered by the Lunacy Act, 1890, has been duly followed. (i) § THE FOLLOWING COURSES OF ACTION ARE PROVIDED BY THE LUNACY ACT, 1890: (i) Inquisition. The Judge in Lunacy may upon application by order direct an inquisition to be held by the Masters in Lunacy, as to whether a person is of unsound mind and incapable of managing himself and his affairs.(k) § The alleged lunatic may, if he desires it, be tried as to his sanity by a jury.(1) (ii) Reception Order. When a person has not been found a lunatic by inquisition a reception order may be obtained from the judicial authority authorising the lunatic's reception and detention in an asylum or as a private patient. (m) § The judicial authority must be eithera.) A Justice. of the Peace specially appointed for the purpose. (8.) A Judge of County Courts. (y.) A Magistrate. (g) 42 & 43 Vict. c. 19, s. 10. (h) Bro. Abr. Faux imp., p. 28. (i) 53 Vict. c. 5. (k) 53 Vict. c. 5, s. 90 (1). (1) Ibid. s. 90 (2). (m) Ibid. s. 4 (1). Each respectively having jurisdiction in (a) Upon the petition of a near relative of (y.) Two medical certificates on separate patient personally within seven clear days before the date of the presentation of the petition.(c) (iii) Urgency Order. In case of urgency, a lunatic may be placed in an asylum or detained as a single patient on the order of a relative, accompanied by the certificate of one medical man. Such order shall remain in force for seven days only.(d) (iv) Any person of unsound mind may be maintained in private by his relatives, or in a charitable institution where no profit is made by his maintenance, subject to inspection by the Commissioners in Lunacy, who may report the result of their inquiries to the Lord Chancellor. (e) (V) A pauper lunatic may be received into a county or borough asylum upon the order of one justice, accompanied by the (a) 53 Vict. c. 5, s. 9 (1) (b) Ibid. ss. 4, 5. (c) Ibid. s. 29 (1). (d) Ibid. s. 11. (e) Ibid. s. 206. |