Offence, or cause of Complaint. ASSAULT-continued. On Females and Boys.-Assault or battery upon any male child whose age shall not, in the opinion of the Justices, exceed 14, or upon any female, upon complaint of the party aggrieved or otherwise, if the offence be of such an aggravated nature that it cannot, in the opinion of the Justices, be sufficiently punished under above section (42) as to common assaults. With Intent to Prevent Sale of Grain, &c.-Beating or using violence or threats to any person, with intent to deter or hinder him from buying or selling, or to compel him to buy, sell, or otherwise dispose of grain, potatoes, &c., or with intent to stop the conveyance of same. On Seamen, &c.-Unlawfully and forcibly hindering any seaman, keelman, or caster from working; or using violence, with intent to hinder or prevent him from working at his trade or business. On Peace Officers, &c.-Assaulting, resisting, or wilfully obstructing any peace officer in the due execution of his duty, or any person acting in aid of such officer; or assaulting any person, with intent to resist or prevent the lawful apprehension or detainer of himself, or of any other person, for any offence. (If the Justices consider the offence so trivial as not to require being dealt with by a superior tribunal). Felonious Assaults; or where Questions For indictable assaults, see "Offences AUCTIONEERS: Persons exercising the business of an 8 Vic. c. 15, Justices shall forthwith make out and deliver to defendant a certificate of the fact. These cases should be returned for trial to Quarter Sessions Assizes. or * Certificate of dismissal.-Under the former Summary Jurisdiction Act, a dismissal by the Magistrates did not protect defendant, or deprive complainant of his right to proceed civilly. Under the present Act (sec. 45) a dismissal on the merits will have that effect. †The Magistrates are to be the judges as to whether or not the offence is a fit subject to be tried by indictment; nor should they yield to the application of either party on the point. If the evidence be concluded, and they are satisfied that it may be dealt with summarily, they can and ought to do so. Fees. In sales of distress made under the 9 & 10 Vic. c. 111, by Schedule B to Offence, or cause of Complaint. Statute. Extent of Jurisdiction. AUCTIONEERS-continued. Sales in which auctioneer's licence 8 Vic. c. 15, Indictable offences wherein bail is not 8. 8. See Petty May be apprehended and brought before a Justice; and, being convicted, may be imprisoned for not exceeding 1 month. 1 J. Not to affect proceedings for penalty for acting without licence. It will be seen that the Justices have not power to admit to bail persons charged with treason, or of felony under the 11 & 12 Vic. c. 12. In the other cases specified in the section, it is in their discretion; and in any other case of indictable misdemeanor, the accused, as of right, is admitted to bail. The Act quoted is set out in the Appendix, and see also table of Indictuble Offences which follows the Summary Jurisdiction Index.* said Act, 1s. in the pound to cover all expenses of sale, commission, and delivery. To this extent the person distrained is bound to pay; but he is not to be called on to pay more either directly or indirectly; and he does pay it indirectly if his goods are sold on the terms that the purchaser is to pay auctioneer's fees, 5 per cent. ; and that 5 per cent. is also deducted from the proceeds of the sale. See "Distress." The Justices may require one or more sureties. It is the duty of the Justices to inquire into and ascertain the solvency of the persons tendered as bail; but, having agreed to admit to bail, they ought not to dissuade persons from becoming suretiesR. V. Saunders (2 Cox, c. c. 249). Although it is stated that a married woman, or a minor, cannot be bound, but that the recognizance may be entered into by their sure Cleanliness, &c.-Inside walls and ceiling or top of every bakehouse situate in any city, town, or place, containing, according to last census, a population of more than 5,000 persons, and the passages and staircase leading thereto, shall either be painted with oil or be lime-washed, or partly painted and partly lime-washed; where painted with oil there shall be three coats, and be renewed at least once every 7 years, and washed with hot water and soap at least once every 6 months; where lime-wash, it shall be renewed every 6 months, in default. 26 & 27 Vic. 8. 4. Penalty not exceeding £2; in default, &c., imprisonment not exceed 1 month. 1 J. Penalty not exceeding £5; in default, &c., imprisonment not exceeding 2 months. 1 J. Penalty not exceeding £1 a day for each day Act contravened, but not to exceed £10; in default, imprisonment as in Petty Sessions scale. 1 J. Penalty not exceeding £5; in default, &c., imprisonment not exceeding 2 months. 1 J. ties alone, the Justice will do well not to dispense with their signing the recognizance. The sureties should qualify in double the amount. For form of oath, see the 57 Geo. iii., c. 56; but it will be found printed on the form of recognizance in general use. *The provisions of the above Act are salutary and humane, but it does not Offence, or cause of Complaint. Statute. Extent of Jurisdiction. BAKEHOUSE, REGULATION ACT continued. And every bakehouse, wherever 26 & 27 Vic. The Court may, in addition to, or Act, and officers, &c., appointed by s. 5. s. 6. s. 7. appear that, up to the present, any active steps have been taken by the Local authorities to enforce its provisions. |