evidence under local acts, see 11 & 12 Vic. c. 129. Post office, 7 Will. IV. and 1 Vic. c. 36. Excise, 7 & 8 Geo. IV. c. 53.
WOOD, Setting fire to, or to any coppice, plantation, gorse. &c. felony; 24 & 25 Vic. c. 97, s. 16. Setting fire to any stack of wood, felony; id. s. 17.
WORKMAN. See MASTER AND SERVANT.
WORKS. Magistrates empowered by statutes to have certain works executed at the public expense, and employing persons to carry such works into execution, are not personally liable in respect of such works (h).
WRECK AND SALVAGE. See INDEX; also see LARCENY ACT, ante p. 434, for offence of having possession of shipwrecked goods, or offering same for sale; see also tit. MERCHANT SHIP- PING, 639. See tit. LIGHTS. By 19 & 20 Vic. c. 75, s. 3, any person sinking, destroying, &c. any boat, buoy, &c. used for the prevention of smuggling, or in the service of the customs, for- feits the sum of £5. By s. 8 there are to be fees, as in schedule set out, paid to petty sessions clerks for acting in formal inves tigations into wrecks held at the instance of the solicitors of cus- toms (i).
By 17 & 18 Vic. c. 104, which consolidates the statutable provisions relating to wreck and salvage, it is enacted that the Board of Trade is to have the general management throughout the United Kingdom of all matters relating to wreck, and may, with the consent of the Treasury, appoint any officer to be a receiver of wreck in any district; s. 439. Whenever any vessel is stranded or in distress on the sea shore, the receiver is to take the command of all persons present and issue directions; and if any person wilfully disobeys, he forfeits £50; but he is not authorized to interfere between the master aud the crew, unless requested by the former; s. 442. He may summon assistance ; may require the master of any other vessel at hand to give him aid, and demand the use of any waggon, cart, or horses; id. All cargo and other articles belonging to the vessel that may be washed on shore are to be delivered to him; s. 443. He is authorized to apprehend any person guilty of plundering, dis- order, or destruction, and to use any force which may be neces sary for the suppression of such misconduct ; s. 444. All persons may pass or repass over any adjoining lands for the purpose of rendering assistance and of depositing on such lands
(h) Gray v. Wallace, C. & D. 48. (i) See as to offence of smuggling contraband articles on board within harbours, and where persons are brought before J.P. charged with any offence under any act relating
to the customs or likely to abscond, such J.P. may order them to be de- tained a reasonable time; see 18 & 19 Vic. c. 96, and the Customs Con- solidation Act, 1853, 16 & 17 Vic. c. 107.
any cargo or other article recovered from the vessel in distress; s. 446. Any damage thereby done is to be recovered in the same manner as salvage, and the owner or occupier of any land who impedes any such person is liable to a penalty of £100 ; s. 447. The receiver, or in his absence a J. P, is to examine, as soon as conveniently may be, on oath, any person belonging to any vessel, or able to give any account of any vessel, its stores or cargo, in distress on the coast, respecting her name, description, place from and to which bound, the name of her master and owners, of the owners of her cargo, and the services rendered, and such other matters as such receiver or J. P. may think fit; s. 448, He is armed for the purpose of this examination with all the powers given by the act to inspectors appointed by the Board of Trade, to which he is required to send one copy of such examination, and another to the committee for managing the affairs of Lloyds; and such copy, purporting to be certified under his hand, is to be admitted in evidence as a primâ facie proof of all matters contained in it; ss. 448, 449. Persons finding or taking possession of wreck, liable to penalty; s. 450. The receiver may, under a warrant of a J. P. enter into any place or vessel and search for wreck; ss. 451, 452. A J. P. acting in the discharge of his public duty is not considered as a salvor; but if he should go beyond the limits of his official duty in giving extraordinary assistance, he would have an undeniable right to be considered as a salvor. The Aquila, 1 Robinson, A. R. 46.
Impeding a person saving his life from a wreck, felony, 24 & 25 Vic c. 100, s. 17.
ABDUCTION. See APPENDIX, 452.
ABETTORS, punishable as principals, 124, 350, 435, 445. See APPENDIX,
ABSCONDER, may be arrested, 38; as to bail, 341; from workhouse, 658. ACCESSORIES. See APPENDIX, 453; describing in conviction, 453.
ACCOUNTABLE RECEIPTS, forging, 453.
ACCOMPLICE received as a witness, 75.
ACCOUNTANT GENERAL, forging receipt of, 453.
ACCOUNTS, by P. S. clerk, 323; of fines to be kept, 324, 385.
ACCUSING. See THREATENING,
ACCUSED, statement of, form, 372.
ACKNOWLEDGING BOND, &c., in name of another, 453.
ACQUITTAL, former one a good defence, 143, 450; certificate in assault cases, 170, 347, 450.
ACT OF PARLIAMENT. See STATUTE.
ACTION, when statutory remedy ousts action, 23; against magistrates, 291; statute regulating, 291 to 296; when acting within their jurisdiction, 291, 296; malice necessary, 297; when acting without jurisdiction, 291, 296, 298; instances of, id.; when conviction to be quashed, 291; must be brought against J. P. who makes the conviction, 292; when action is for a trespass, 291, 299; when for judicial act, 296; meaning of excess of jurisdiction, 299; when warrant on defective conviction issued, 297, 299; for levying poor rate, 292; not after conviction affirmed, 293; when brought where prohibited, 293; setting aside action, 300; when mere irregularity, 297; bona fides, a question for the jury, 305; limitation of time, 293, 300; time of action, how reckoned, 301; notice of, 293; venue in, 294; what notice should contain, 302; notice when necessary, 303; tender of amends and payment into court, 294; in what cases non-suit or verdict for defendant, 295; damages, id.; costs, 296; none, if order confirmed on appeal, 293.
ADDRESSING WARRANTS. See WARRANTS.
ADJOINING COUNTIES, jurisdiction in, 19, 20; warrant to arrest in, 45; power of constables to arrest in, id.
ADJOURNMENT, express power given to, 135; should be for a reasonable time, 105; jailor to produce prisoner, 106; on non-appearance, 134; when J. P. does not attend, id.; adjournment of case on summary proceeding, 345; form of warrant on, 376; on appearance, 135; entry to be made of, 135; mode of, when J. P. does not attend, 135; of appeal, 196; duty of P. S. clerk as to, 309; of hearing, 345; in excise cases, 504.
ADJUDICATION OF CASE, summary proceedings, 162, 146, 346.
ADMIRALTY, jurisdiction of, 24.
ADULTERATION OF FOOD, jurisdiction of J. P., 33.
ADVOCATE, party may act as, 138.
AFFIDAVIT, in mandamus cases, 14; defect in title of, 14; in crown office requires no stamp, 15, 220; controverting return to habeas corpus, 216; necessary to obtain certiorari, 220; to shew want of jurisdiction, 220; on prohibition, 230.
AFFRAY, defined, 63; how it differs from a riot, 63; offence of, 454. AGENT, summoned in absence of master, 411; embezzlement by, 495. AGGRAVATED ASSAULTS on women and children, 449.
AGRICULTURAL PRODUCE, obstructing export of, 448. AIDERS. See ABETTORS.
ALIENS. See APPENDIX, 454.
ALLEGIANCE. See APPENDIX, 454.
ALMANAC. See APPENDIX, 454.
ALTERNATIVE PUNISHMENT, how described, 163, 164.
AMENDMENT, of return to mandamus, 16; power of, by J. P. at Q. S., 200, 353; power of chairman at Q. S., 200; by court on case stated, 210.
ANGLERS, tackle of, may be taken when improperly used, 431.
ANIMAL. See POUND; injuring or maiming, 442; cruelty to, 483.
ANNIVERSARY DAYS. See 454.
APPEAL. See CASE STATED; not to be heard by interested J. P., 30; to what court, 181; chairman may hear alone, 181; as to borongh justices presiding, id.; heard by interested justices, id.; under Larceny and Malicious Injuries Act, 183; Cottier Tenant Act, 184; commitment stayed by, 104; power to amend upon, 200, 353; when it exists, 181 et seq. 351; in cases of disputed debts, 184; not from a dismiss, 184; there must be a notice of, 185, 352; notice to respondent by P. S. clerk, 186;
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