therein, liable to penalty before one J. P. for first offence not exceeding 5s. nor less than 2s. 6d. &c.; s. 4. Delaying or refusing to admit constable punishable before one J. P., penalty not exceeding £2, nor less than 10s., or imprisonment not exceeding 14 days, nor less than one week; s. 5. Spirits in transitu exceeding one gallon without permit may be seized, and penalty not exceeding £5 nor less than 20s. before one J. P.; s. 6. Hawkers selling spirits in unlicensed places punishable by one J. P., penalty £100 and not less than £25, or three months imprisonment; s. 195. On information on oath J. P. may issue warrant to apprehend persons hawking spirits; s. 196.

SPRING-GUNS, setting prohibited as well as the use of mantraps, a misdemeanor, 24 & 25 Vic. c. 100, s. 31.

STAMPS. Selling stamps without a licence, or selling stamps elsewhere than at place named in licence, penalty £20; 3 & 4 Will. IV. c. 97, s. 3. Licensed person not having name, &c. painted in front of house, or neglecting to continue the same, penalty £10; s. 5. Hawking stamps for sale, penalty £20; s. 14. Making a bill of exchange, &c. on paper not duly stamped; 17 & 18 Vic. c. 83, s. 2; or post-dating bills of exchange; id. Issuing unstamped drafts on banker; 21 Vic. c. 20, s. 1. Issuing promissory notes with printed dates, penalty £50; 17 & 18 Vic. c. 83. Negotiating bills drawn out of the United Kingdom, not having proper stamps; id. s. 5. Not cancelling stamps; id. Drawing bills purporting to be drawn in sets, and not issuing the whole number duly stamped; id. s. 6. Persons receiving money refusing to give receipt on stamped paper, or to pay amount of duty; 16 & 17 Vic. c. 59, s. 3. Not cancelling adhesive stamp on receipt or draft; id. s. 4. Doing any act with intent to defraud her Majesty of duty on receipts, &c.; s. 5. As to policy of insurance, see id. ss. 6 to 11. Selling playing-cards not duly stamped; id. s. 16. Issuing unstamped draft on banker; see 21 Vic. c. 20, s. 1, and 24 & 25 Vic. c. 91. See INDEX.

STARVING apprentice or servant, a misdemeanor; 24 & 25 Vic. c. 100, s. 26.

STRANGERS. By 50 Geo. III. c. 102, any J. P. may cause to be arrested or brought before him any stranger sojourning or wandering, and examine him upon oath respecting his place of abode, the place from whence he came, his manner of livelihood, and his object or motive for remaining or coming into the county, &c.; and unless he shall answer to the satisfaction of such J. P., or provide sufficient security for his good behaviour, such J. P. shall commit him to gaol, there to remain until he shall find such security, or until he shall be discharged by such J.P.; s. 7. After the committal the J. P. is, without delay, to transmit to the Lord Lieutenant a report of the transaction, and the grounds

and reasons thereof, the amount of bail required, with the examination of the prisoner, and the reasons alleged by him why he should not be committed, which such J. P. is required to take down in writing, in order that such person may be detained or discharged as the Lord Lieutenant may deem right; id.

SUFFOCATE, Attempt to, with intent to murder, felony; 24 & 25 Vic. c. 100, s. 14; with intent to commit any indictable offence, felony; id. s. 21.

SUNDAY. See p. 157, and INDEX. By 7 Will. III. c. 17, for the better observing of the Lord's day, all persons are to apply themselves on every Lord's day to the observation of the same, and no tradesman, artificer, workman, labourer, or other person whatsoever shall do or exercise any worldly labour, business, or work of their ordinary calling upon the Lord's day, works of necessity and charity only excepted; penalty, if 14 years of age, 5s.; and no person whatsoever shall publicly cry, shew forth, or expose to sale, any wares, merchandise, fruit, herbs, goods, or chattels whatsoever, upon the Lord's day, or any part thereof, upon pain of forfeiting the same; s. 1. No drover, horse-courser, waggoner, carrier, butcher, higler, their or any of their servants, shall travel, or come into his or their inn or lodging upon the Lord's day, or any part thereof, upon pain of forfeiting 20s. for such offence. This statute clearly does not apply to railway companies so as to render it illegal for them to run trains for the conveyance of goods or passengers on Sundays; 7 & 8 Vic. c. 85, s. 10. Nor does it make it illegal for a stage coach to travel on a Sunday; the words "other persons whatsoever," following particular ones, must be construed as applicable to persons ejusdem generis (y). The first section of this act extends only to work done in the ordinary calling of the offender, and includes only persons who have an ordinary calling; but it seems any species of labour, public or private, in their ordinary calling, is within the prohibition (z). A landlord would not be justified in interfering to prevent the cutting of corn on a Sunday, or the removal of corn or other goods not at the time under distress.

No games or sports on a Sunday.] By s. 3, it is enacted that to prevent disorders which commonly happen by disorderly meetings on the Lord's day, under pretence of hurling or other sports, that no person or persons whatsoever shall play, use, or exercise any hurling, commoning, football playing, cudgels, wrestling, or other games, pastimes, or sports on the Lord's day or any part thereof, under penalty of 12d. sterling, and J. P. may convict on

96.

(y) Sandiman v. Breach, 7 B. & C.

(2) See Drury v. Defontaine, 1

Taunt. 131; Fennell v. Ridler, 5 B & C. 408.

view: provided that nothing in this act shall extend to the prohibiting of dressing meat in families, or dressing or selling meat in inns, cookshops, or vitualling houses, for such as otherwise cannot be provided; nor the crying or selling milk or fish before 10 o'clock, a.m., or after 4 o'clock, p.m., nor to the using of hackney coaches in or about the city of Dublin. Provided also, that no person shall be impeached, prosecuted, or molested for any offence before mentioned in this act, unless he or they be prosecuted for the same within ten days after the offence committed; s. 4.

The conviction may be described in the order-book in the following form, or to the like effect :

at

:

Upon the Lord's day, and within ten days now last past, to wit, on

being of the age of 14 years and upwards, and being a tradesman to wit, a carpenter [as the case may be], did do and exercise certain worldly labour, business, and work of his ordinary calling as such carpenter, the same not being a work of necessity or charity, that is to say, that he, the said A. B. did then and there, [here state the act done in the way of his business] contrary to the form of the statute in such case made and provided.

All proceedings under this act are to be conducted as under the Petty Sessions Act, and the warrant is not to issue on a Sunday, but as directed under the 14 & 15 Vic. c. 93.

SWEARING. The 10 & 11 Car. I. c. 1, Ir., imposed a penalty of 12d. on persons swearing or cursing profanely. But the 7 Will. III. c. 9, Ir., after reciting that the former act had proved ineffectual, enacts by s. 1 that any person who shall profanely curse or swear in the presence or hearing of any J. P., or shall be thereof convicted before any J. P., shall, if a servant, day labourer, common soldier, or common seaman, forfeit 1s., and every other person 2s. No person shall be prosecuted or troubled for any offence against this act unless the same be proved or prosecuted within ten days after the offence committed.

TELEGRAPHS, Injuring, or any part thereof, a misdemeanor; 24 & 25 Vic. c. 97, s. 37; see ante, p. 441.

TENANT, Larceny of chattels and fixtures by, let to hire with house or lodgings, indictable; see 24 & 25 Vic. c. 96, s. 124. Tenants of houses, &c. maliciously injuring them, a misdemeanor; 24 & 25 Vic. c. 97, s. 13.

TENTS OR BOOTHS at fairs not to be open for the sale of spirits, wine, or beer, between 6 in the evening and 9 in the morning in summer, and 3 in the evening and 9 in the morning in winter, nor at all on Sundays, Good-Friday, Christmas-day or public fast or thanksgiving day, under a penalty of £2, nor less than 10s.; 6 & 7 Will. IV. c. 38, s. 5 (a). See MARKETS AND FAIRS. THEATRE (aa). In R. v. Forbes, 1 Cr. & D. C. C. 175, Bushe,

(a) See ante, p. 662.

(aa) Dublin Theatres, see Geo. III. c. 57

C. J. is reported to have said, "The rights of an audience at a theatre are perfectly well defined. They may cut down a play or other performance which they dislike, or they may hiss or hoot the actors who depend upon their approbation or their caprice. Even that privilege, however, is confined within its limits. They must not break the peace, or act in such a manner as has a tendency to excite terror or disturbance. Their censure or approbation, although it may be noisy, must not be riotous. That censure or approbation must be the expression of the feelings of the moment; for if it be premeditated by a number of persons confederated beforehand to cry down even a performance or an actor, it becomes criminal."

THIMBLERS AND SWINDLERS. See GAMES & WAGERS, ante, p. 597.

THREATENING by letter or writing to accuse, or accusing any person with any crime punishable by law with death or penal servitude for not less than 7 years, or with an infamous crime, or of assault with intent to commit same, with intent, in any of the cases aforesaid, to extort or gain from such person any property, felony; 24 & 25 Vic. c. 96, s. 46. Accusing or threatening to accuse, as before mentioned, with intent to extort money, felony; id. s. 47. To publish any libel on another, or threatening to print or publish, or proposing to abstain from printing ing or publishing, or offering to prevent the printing or publishing of any matter touching another person with intent to extort any money or valuable security, or valuable thing, or to induce any person to confer or procure any appointment or office, misdemeanor; 6 & 7 Vic. c. 96, s. 3. Maliciously sending, delivering, or uttering any letter or writing, threatening to kill or murder any one, felony ; 24 & 25 Vic. c. 100, s. 16; to burn or destroy any house or ship, &c. felony; id. c. 97, s. 50.

TIMBER. See TOWNS' IMPROVEMENT. By 10 Vic. c. 27, owner of vessel or float of timber answerable for damage to works in harbour; s. 74; see HARBOURS. By 3 Geo. II. c. 14, improper use of it in walls of houses in Dublin and other cities and towns restrained by penalty before two J.P.s; s. 16.

TIPPLING ACT, Ir. 9 Geo. II. c. 8, [made perpetual by 1 Geo. III. c. 17, s. 14] enacts that no retailer of beer, brandy, &c. or other spirituous liquors, who shall sell upon trust or credit, at any time, any beer, brandy, &c. or other spirituous liquors, to any servant or day-labourer, or to any other person usually plying for hire or wages, to the amount or value of any sum exceeding 1s., shall be entitled to have any remedy to recover same against them or their executors or administrators, and all promissory notes, &c. given for such debts shall be void, and the retailer shall be compelled by distress and sale to restore and make satis

faction for a pawn left for such debt by servant or labourer, on complaint to a J. P.

TITHE RENT CHARGE By 1 & 2 Vic. c. 109, [the compositions for tithes being liable to be increased or diminished, from time to time, with reference to the price of corn as advertised in the Dublin Gazette during the preceding seven years], it is enacted that the J. P. to whom application may be made, shall ascertain the average price of corn from the Gazette, and where the price of corn shall not be stated in any certificate of composition, the said J. P. shall ascertain from the said Gazette the average price of corn for the period of seven years with reference whereto such composition may have been calculated, and deal therewith as if the same had been originally stated in such certificate.

Averages.] The J.P.s have to determine what was the species of corn with reference to which the amount of the composition was calculated. It ought to have been the corn (wheat or oats) which had been principally grown in the country. In a certificate of the average price of corn under the Tithe Composition Act, dated 1828, and founded on the prices in the Dublin Gazette, during seven years preceding 1821, the price of oats was stated to be 15s. 2d. without adding the word sterling, or any other description; held, that although prima facie that sum must be taken to be British money, yet the magistrates on hearing any application to vary the averages under the Tithe Rent-charge Acts, were bound to receive evidence to shew that the commissioners in making the certificate, meant late Irish currency (b). A, residing in the county of A, was the owner of lands in the county of B, and it was held that the J. P. of the county of A had jurisdiction as to the tithe-rent charge in respect of those lands (c).

Jurisdiction.] Where one of the magistrates sitting on the bench was the land agent of a party interested in the case, the proceedings were not thereby invalidated (d); but where a J. P. was present on the bench at the hearing of an application for the reduction of tithe rent charge, he being himself one of the tithe payers interested in the case, it was held that the court was improperly constituted (e).

TOBACCO. For offence of smuggling tobacco, see 16 & 17 Vic. c. 107, s. 234; assembling to unship it; id., s. 247.

TOLLS. By. 4 Anne, c. 8, it is illegal to demand tolls for any cattle, goods, or merchandise brought into any city, borough,

(b) R. v. Mayo Js. 2 Ir. J. N. S. 488. See as to mandamus, R. v. Cork Js., id. 431.

(c) R. v. Js. of Youghal, 12 Ir. L.

R. 198.

(d) R. v. Cork Js. 2 Ir. J. N. S.

324.

(e) R. v. Cork Js., id. 304.