Any justice before whom complaint is made of such gaming within his jurisdiction may summon any person to appear and give evidence for the discovery of the truth of the matter, and in case of neglect or refusal to appear, or if upon appearance, the person refuses to give evidence, or gives false evidence, a penalty of 501. may be imposed, to be levied by distress, or in default six months' imprisonment with hard labour.

Girls, Abduction of. See title ABDUCTION, ante.-Carnal Knowledge, Defilement of, &c. See title RAPE, post.

Gun Licenses.

Gun licenses are issued by the Excise (duty 10s.). Licenses expire on the 31st July in each year. A register of licenses is kept by the officers of Inland Revenue, and is open to the inspection of the constabulary. The term " gun" includes a firearm of any description, air-gun, &c.

Every person who shall use or carry a gun elsewhere than in a dwelling-house, or the curtilage (viz., outbuildings, offices, yards, and enclosed ground adjoining to the house) thereof, without having in force a license duly granted to him under the Act, shall forfeit the sum of 101.

The following persons carrying guns are exempted from penalty (1) Soldiers, sailors, volunteers, or police, carrying gun, &c., on duty; (2) persons licensed to kill game; (3) persons carrying gun belonging to and for use of person so licensed, or licensed under this Act, but such person is required to give name and address, &c., of himself and employer; (4) occupiers of land scaring birds or killing vermin (this does not include rabbits) on such lands, or on any lands, by order of the occupier, who shall have a license or certificate to kill game, or a license under this Act; (5) gunsmiths

or their servants, carrying or using gun in ordinary course of trade; (6) carriers carrying gun in ordinary course of business.

When a constable meets a person carrying a gun, who he has reason to suspect has not a gun license for the current year, it is the duty of the constable to demand the production of the gun license, and unless the person produces such license or a game license, the constable should require of him his name and address. If the person declares the same the constable should report the matter through his officers to the Inland Revenue. Should such person refuse to declare his name and address, the constable may arrest and convey him before a magistrate, who can deal with the case summarily.

Note. In no case should the constabulary demand the production of a game certificate where a gun license is produced, as they have no duty to discharge as to whether persons have or have not a license to kill game.

Under section 6 of 45 & 46 Vict. c. 72, if a person is charged with sporting without a game license (under 24 & 25 Vict. c. 90, s. 4), and the court do not think it clear that he was using a gun for the purpose of killing game, they may acquit him of the charge, and if it appears that he has not a gun license they may convict him under the Act of 1870 for using or carrying a gun without a license.

Hawkers. See title PEDLARS, post.

Highways.

(5 & 6 Will. 4, c. 50; 27 & 28 Vict. c. 101; 41 & 42 Vict. cc. 34 and 77.)

Highways are defined to be all carriage or cart roads, bridleways, footways, bridges, causeways, churchways, and pavements. The police are required to enforce certain pro

visions of the Acts, especially those relating to nuisances and obstructions. Persons committing offences against the Highways Acts should be summoned when their names can be obtained. Persons refusing to give their names and addresses may be apprehended without warrant by any surveyor or person acting under his authority, or any other person witnessing the commission of the offence (5 & 6 Will. 4, c. 50, s. 79).

When a highway is in a dangerous state, notice should be given to the surveyor.

Encroachments.-Any person encroaching (a) by making or causing to be made any building, hedge, ditch, or other fence, or any carriage or cartway within the distance of fifteen feet from the centre of road. Penalty 40s. (5 & 6 Will. 4,. c. 50, s. 69-section 63 defines "centre" of road).

Steam engines, windmills, limekilns, &c.-No pit or shaft tobe sunk, or steam engine or other like machine (b) to be erected within 25 yards, nor any windmill within 50 yards, nor any fire to be made for calcining or burning ironstone, limestone, bricks or clay, or coke, within 15 yards from any part of any carriage or cartway, unless the same be within. some house or building, or behind some wall or fence sufficient to conceal or screen the same from such way. Penalty, 51.,. for every day same shall continue (section 70).

Trees, hedges, ditches.-A justice of the peace can compel owner (which includes occupier) to cut trees, &c., which obstruct or prejudice any carriage way, on complying with directions herein contained (sections 64, 65, 66).

(a) Section 51 of 27 & 28 Vict. c. 101, contains further provisions regarding encroachments, removing turf from roadside, &c.

(b) A portable thrashing engine comes within this definition. Smith v. Stokes, 8 L. T. 425.

The following offences are treated of in sections 72 to 78 of 5 & 6 Will. 4, c. 50:-Riding and driving on footpaths; tethering cattle; damaging highway or fences; obstructing footway; injuring surface; damaging posts, bridges, &c.; playing at games; pitching tents; firing gun or letting off fireworks; bull baiting; laying materials upon; offensive. matter; and obstructing passage of highway (section 72).

Not removing timber, rubbish, &c., off highway (section 73).

Cattle straying, &c.-Section 25 of 27 & 28 Vict. c. 101, which relates to cattle, &c., straying on highways is substituted for section 74 of the Highway Act.

Pound breach-Section 75 of 5 & 6 Will. 4, c. 50, relates to release of cattle properly impounded before discharged by due course of law.

Carts and drivers-Owner's true name; acting as driver of two carts (sections 76 and 77).

Drivers of carts, &c., riding thereon-Damage by negligence; quitting the road; being at a distance; obstructing others; not keeping proper sides; driving furiously, and other offences (section 78).

The following is an epitome of the sections referred to :

Section 72 (Various offences.)-To wilfully ride, lead or drive any horse, ass, sheep, mule, swine, cattle or carriage of any description, or any truck or sledge, upon any footpath or causeway by the side of any road (c) made or set apart for the use or accommodation of foot passengers. To tether any ass, sheep, mule, swine or cattle on the highway so as to suffer the tethered animal to be thereon. To cause any injury or damage to be done to any highway, or the hedges, posts, rails, walls, or fences thereof, or wilfully obstruct the passage of any footway, or wilfully destroy or injure the surface of any highway, or wilfully or wantonly grub up,

(c) R. v. Pratt, 32 J. P. 246.

cut down, remove or damage the posts, blocks, or stones fixed by the surveyor as there directed, or dig or cut down the banks which are the securities and defence of the highways; or break, damage, or throw down the stones, bricks, or wood fixed upon the parapets or battlements of bridges, or otherwise injure or deface the same; or pull down or destroy or obliterate or deface any milestone or post, graduated or direction post or stone erected upon any highway, or play at football or other game on any part of the highway to the annoyance of any passenger or passengers; or if any hawker, higgler, gipsy or other person travelling shall pitch any tent, booth, stall or stand, or encamp upon any part of the highway; or if any person shall make or assist in making any fire, or wantonly fire off any gun or pistol, or set fire to or wantonly let off or throw any squib, rocket, serpent, or other firework whatsoever, within fifty feet of the centre of any carriage or cartway; or bait or run for the purpose of baiting any bull upon or near the highway; or lay any timber, stone, hay, straw, dung, manure, lime, soil, ashes, rubbish, or other matter or thing whatsoever upon the highway to the injury of such highway, or to the injury, interruption, or personal danger of any person travelling thereon, or suffer any filth, dirt, lime, or other offensive matter or thing whatsoever to run or flow into or upon any highway from any house, building, erection, lands or premises adjacent thereto; or if any person shall in any way wilfully obstruct the free passage of any such highway.

The offender shall, for every offence, be liable to a penalty of 40s., in addition to liability to make good the damage occasioned.

Section 73 (Timber, rubbish, &c.)-If timber, soil, rubbish, &c., or other matter or thing be laid on a highway so as to be a nuisance, and shall not, after notice by the surveyor, be forthwith removed, it shall be lawful for the surveyor, by order in writing from one justice, to clear the highway by removing