SYNOPSIS OF OFFENCES.

Statute.

INDUSTRIAL AND PROVIDENT SOCIETIES-continued.

(6) Wilfully neglects or refuses to do any act, or to furnish
any information required for the purposes of the act
by the chief or any other registrar or other person
authorized under the act, or does any act or thing
forbidden by the act;

(c) Makes a return or wilfully furnishes information in any
respect false or insufficient;

(d) Carries on the business of banking having any with-
drawable share-capital, or in carrying on such busi-
ness does not make out and keep conspicuously hung
up such statement as is required, or makes any pay-
ment of withdrawable capital contrary to the provi-
sions of the act.

39 & 40 Vict.

c. 45, s. 10, sub-s. 1 (a).

2. Obtaining by fraud property of the society, or withholding or misapplying same.

Id. s. 12,
sub-s. 10.

"INFANT LIFE PROTECTION ACT, 1872." (See Note 236.)
1. Receiving or retaining for Hire Infants contrary to the Act.] Retaining
or receiving for hire or reward more than one infant, and in
case of twins more than two infants under the age of one year
for the purpose of nursing or maintaining such infants apart
from their parents for a longer period than twenty-four hours,
except in a house which has been registered. (See Note 237.)

35 & 36 Vict.

c. 38, s. 23.

Id. s. 3.

2. Contravening a Bye-law of the Local Authority.] Receiving an infant in contravention of a bye-law made by the local authority. (6) The appellant is, within 7 days after the cause of appeal has arisen, to give notice to the other party and to the court of summary jurisdiction of his intention to appeal and of the grounds thereof;

(c) The appellant is, immediately after such notice, to enter into a recognizance before a justice of the peace in the sum of £10, with two sufficient sureties in the sum of £10, conditioned personally to try such appeal, and to abide the judgment of the court thereon, and to pay costs if awarded;

(d) Where the appellant is in custody, the justice may, on the appellant entering into such recognizance, release him from custody;

(e) The Court of Appeal may adjourn the appeal, and upon the hearing thereof may confirm, reverse, or modify the decision of the Court of Summary Jurisdiction, or remit the matter to such court with the opinion of the Court of Appeal thereon, or make such other order in the matter as the court thinks fit;

(f) If the matter be remitted to the Court of Summary Jurisdiction such court shall thereupon rehear and decide the information or complaint in accordance with the opinion of the Court of Appeal.

236 "INFANT LIFE PROTECTION ACT: Exceptions from the Provisions of the Act.] By sect. 13, the provisions of the act are not to apply to the relatives or guardians of any infant retained or received, nor to institutions established for the protection or care of infants, nor to any person receiving any infant for the purpose of nursing or maintaining such infant under the provisions of any act for the relief of the poor.

Expenses of executing the Act.] By sect. 10, "All expenses incurred in and about the execution of this act shall be defrayed out of the local rate."

237 Local Authority-who are.] By sect. 1, the term "local authority" means the authority mentioned in the 4th column of the 1st schedule, namely, inCounties, except the Metropolis and City of London The Metropolis

City of London and the Liberties thereof
Boroughs

Justices in Petty Sessions.

The Metropolitan Board of Works.
The Common Council.
The Council.

Local Authority to keep Register for Purposes of the Act, and make Bye-laws.] By sect. 3, the local authority are to cause a register to be kept, in which shall be entered the names of every person applying to register any house for the purposes of the act, and the situation of every such house, and from time to time to make bye-laws for fixing the number of infants who may be received into such house so registered. The registration is to remain in force for one year, and no fee is to be charged for registration. Local Authority may strike Name and House off Register for certain Causes.] By sect. 7, "If it shall be proved to the satisfaction of the local authority that any person whose house has been so registered as aforesaid has been guilty of serious neglect, or is incapable of providing the infants intrusted to his care with proper food and attention, or that the house specified in the register has become unfit for the reception of infants, it shall be lawful for the local authority to strike his name and house off the register." 238 Local rate means as regards counties-the county rate, or rate in the nature of a county rate; as regards boroughs-the borough fund or borough rate.

SYNOPSIS OF OFFENCES.

Statute.

INFANT LIFE PROTECTION ACT-continued.

3. Register-Not keeping a proper Register of Infants received, or not pro-
ducing it when required.] Not registering the name, sex, and
age of each infant, and the date at which, and the names and
addresses of, the person from whom received and retained, or
the time when, and the names and addresses of the person by
whom, every such infant shall be removed, or not producing
the register when required to do so by the local authority.

[MEM. By the same section the person registered is to be entitled
to receive gratuitously from the local authority a book of forms
for the registration of infants; and such register may be in the
form contained in the second schedule.]

4. Forgery of Certificate and False Character.] Making a false repre-
sentation with a view to being registered, or forging any cer-
tificate for the purpose of the act, or making use of any forged
certificate knowing it to be forged, or falsifying any register
kept in pursuance of the act.

5. Failing to give Notice to the Coroner of the Death of an Infant.] Not giving within twenty-four hours of the death of an infant notice to the coroner thereof.

35 & 36 Vict.

c. 38, s. 5.

Id. s. 6.

Id. s. 8.

239 "INTOXICATING LIQUORS:" Definitions.] By sect. 74, the following definitions are given:

66

Intoxicating Liquor Licensing Act, 1828," means the 9 Geo. 4, c. 61.

"Wine and Beerhouse Acts" means the Wine and Beerhouse Act, 1869, and the Wine and Beerhouse Act Amendment Act, 1870.

"Intoxicating Liquor Licensing Acts" means the Intoxicating Liquor Licensing Act, 1828, and the Wine and Beerhouse Acts.

Intoxicating Liquor" means spirits, wine, beer, porter, cider, perry and sweets, and any fermented, distilled, or spirituous liquor which cannot, according to any law for the time being in force, be legally sold without a licence from the Commissioners of Inland Revenue.

"Licence" means a licence for the sale of intoxicating liquors granted by justices
in pursuance of the Intoxicating Liquor Licensing Act, 1828, including a
certificate of justices granted under the Wine and Beerhouse Acts, including
a licence for the sale of sweets, &c.

"Licensed Person" means a person holding a licence as defined by this act.
"Licensed Premises" means premises in respect of which a licence, as defined by
this act, has been granted and is in force.

"Owner of Licensed Premises" means the person for the time being entitled to
receive, either on his own account or as mortgagee, or other incumbrancer in
possession, the rack-rent of such premises.

"Sale by Retail" in respect of any intoxicating liquor, means the sale of that
liquor in such quantities as is declared to be a sale by retail by any acts re-
lating to the sale of intoxicating liquors.

"Borough" means a county of a city, county of a town, city, municipal borough
cinque port and its liberties, town corporate or other place in which a general
annual licensing meeting is held in pursuance of the Intoxicating Liquor
Licensing Act, 1828, exclusive of a petty sessional division of a county.
"Town" means any parliamentary or municipal borough, improvement act, dis-
trict local government act, district, or other place having a known legal
boundary, &c.

The 37 & 38 Vict. c. 49, s. 32, contains the following further definitions:"The Metropolitan District" means the area in that behalf in the schedule

hereto.

"Town" means an urban sanitary district, as described for the purposes of the Public Health Act, 1872; and any collection of houses adjacent to a town as so defined shall, for the purpose of the provisions of this act with respect to the closing of premises, be deemed to be part of such town, after it has been declared to be so by an order of the county licensing committee having jurisdiction in the place where such houses are situated. Provided that no urban sanitary district, whether including such adjacent houses or not, shall be deemed a town unless it contains one thousand inhabitants.

"Populous Place" means any area with a population of not less than one thousand, which by reason of the density of such population the county licensing committee may by order determine to be a populous place.

"Occasional Licence" means a licence to sell beer, spirits or wine, granted in pursuance of the 13th sect. of the 25 & 26 Vict. c. 22, and sect. 5 of the 27 Vict. c. 18, and the acts amending the same in relation to the licences therein mentioned, or of any of such acts.

"A new Licence" means a licence for the sale of any intoxicating liquor granted at a general annual licensing meeting in respect of premises in respect of which a similar licence has not theretofore been granted.

Information-Incidents of.] By sect. 51, sub-sect. (4), "Any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the offence in this act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived no proof in relation to the matters so specified or negatived, shall be required on the part of the informant or complainant.

Husband and Wife-Competency of, as Witnesses.] By the same section it is enacted, that "In all cases of summary proceedings under this act, the defendant and his wife shall be competent to give evidence.”

SYNOPSIS OF OFFENCES.

INTOXICATING LIQUORS (Note 239).

I. OFFENCES BY LICENSED PERSONS.

II. OFFENCES BY OTHER THAN LICENSED PERSONS.

I. OFFENCES BY LICENSED PERSONS.

1. Selling or exposing for sale by retail any intoxicating liquor with-
out being duly qualified, or at any place where he is not
authorized by his licence to sell same. (Note 240.)

[MEM. S. was the licensed occupier of a public-house. At the
time when the licence was granted there was adjacent a piece of
vacant ground, 28 yards square. The owner of the public-
house afterwards acquired this land, and rebuilt part of the
house so as to include the vacant land. By this means the bar
was enlarged, and an entrance gained from another street.
Intoxicating liquors were sold in the added part. On an in-
formation charging S. with selling liquors in a place where he
was not authorized to sell them, the magistrate dismissed the
information on the ground that the house was substantially the
same as the one licensed, and refused to state a case. On a
motion for a rule to compel him to state a case, the court refused
to interfere. Reg. v. Raffles, L. R., 1 Q. B. D. 207;
45 L. J., M. C. 61.]

Statute.

35 & 36 Vict.

c. 94, s. 3.

240 Penalties not incurred under certain Circumstances.] No penalty is incurred under this section by the heirs, executors, administrators or assigns of any licensed person who dies before the expiration of his licence, or by the trustee of any licensed person who is adjudged a bankrupt, or whose affairs are liquidated by arrangement before the expiration of his licence, in respect of the sale or exposure for sale of any intoxicating liquor, so that such sale or exposure for sale be made on the premises specified in such licence, and take place prior to the special session then next ensuing, or (if such special session be holden within fourteen days next after the death of the said person, or the appointment of a trustee in the case of his bankruptcy, or the liquidation of his affairs by arrangement) take place prior to the special session holden next after such special session as last aforesaid.

241 Appeal and Conditions of Appealing.] By sect. 52, it is enacted that "If any person feels aggrieved by any order or conviction made by a court of summary jurisdiction, the person so aggrieved may appeal therefrom subject to the conditions and regulations following: (1) The appeal shall be made to the next court of quarter sessions for the county or place in which the cause of appeal has arisen, holden not less than fifteen days after the decision of the court from which the appeal is made; (2) The appellant shall, within seven days after the cause of appeal has arisen, give notice to the other party and to the court of summary jurisdiction, of his intention to appeal, and of the ground thereof; (3) The appellant immediately after such notice shall enter into a recognizance before a justice of the peace, with two sufficient sureties conditioned personally to try such appeal, and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court, or shall give such other security by deposit of money or otherwise as the justice may allow; (4) Where the appellant is in custody, the justice may if he think fit, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody; (5) The