SYNOPSIS OF OFFENCES. Statute. REFRESHMENT HOUSES AND WINE LICENCES. (Note 414.) See B. 18. 1. Refusing to admit Constables.] Any person licensed to keep a re- 23 Vict. c. 27, freshment house (Note 415),— ,-or any servant or other person in his employ, or by his direction,-refusing to admit, or not admitting, any constable or officer of police demanding admitance into such house, or upon the premises belonging thereto. 2. Opening Houses, &c. between 1 and 4 o'clock in the Morning.]-No person within the limits of this act shall open or keep open any refreshment house [which is to have the same meaning as it has in the 23 Vict. c. 27 (s. 4), Note 415], or sell or expose for sale or consumption in any refreshment house any refreshments or any article whatsoever between the hours of one and four o'clock in the morning. 27 & 28 Vict. c. 64, s. 5. in respect c. 43, and any acts amending the same, are to "apply to all offences of which jurisdiction is given to justices by this act, or which are directed to be prosecuted upon summary conviction." 414" REFRESHMENT HOUSES AND WINE LICENCES: " How Licences granted.] The provisions of the 23 Vict. c. 27, as to the grant of the three several licences by the excise and the jurisdiction of justices as to them, as altered by the Wine and Beerhouse Acts, 1869, 1870, are given in Vol. II. Chap. II. of Part III. of this work, under tit. "Beerhouses, &c.' By 23 Vict. c. 27, s. 16, a list of licences granted under the act is to be kept by collectors and supervisors of excise for inspection of justices, and copies of the list transmitted to the justices' clerk of the district, and a copy or extract furnished to him on application. 415 Who shall be deemed to keep a Refreshment House.] By 23 Vict. c. 27, s. 6, "all houses, rooms, shops or buildings kept open for public refreshment, resort and entertainment at any time between the hours of ten [24 & 25 Vict. c. 91, s. 8] of the clock at night and five of the clock of the following morning, not being licensed for the sale of beer, cider, wine or spirits respectively, shall be deemed refreshment houses within this act, and the resident, owner, tenant or occupier thereof shall be required to take out a licence under this act to keep a refreshment house;-and every person who shall keep any house, room, shop or building for the purpose of selling therein any victual or refreshment to be consumed on the premises where the same shall be sold (except beer, cider, wine and spirits sold respectively under a proper licence in that behalf,)-and every person who shall keep any house, room, shop or building for the consumption therein by the public of any refreshment (except as aforesaid), although the same shall not be sold therein, may, if he shall think fit, take out a licence under this act to keep a refreshment house;-and in all proceedings and upon all occasions whatever it shall be sufficient to describe by the term 'refreshment house' any house, room, shop or building in which any such article as aforesaid (except as aforesaid) is sold to be consumed, or is consumed as aforesaid, without further or otherwise designating or describing the same." In Howes v. Peake, 33 Law T., N. S. 818; Howes v. Board of Inland Revenue, 45 L. J., M. C. 86, S. C., it was held that a shop consisting of one room only, open in front, without seats of any kind, kept for the supply to persons who frequented the shop of Penalty, &c. Mode of enforcing. [MEM.-Other offences under the The person licensed to forfeit, ginger-beer and lemonade to be drunk by them at the counter, and kept open for that purpose till two or three o'clock a.m., is a house kept open for public refreshment, resort and entertainment within the meaning of the 23 Vict. c. 27, s. 6, and requires a licence to be taken out for the same under that statute (affirmed in 33 L. J. Rep. 584). See also Taylor v. Oram, 31 L. J., M. C. 252, and Muire v. Kaye, 44 L. J., M. Č. 143; Law Rep., 18 Q. B. 594. 416 Who to prosecute for Offences—Application of Jervis's Act—Witnesses.] By 23 Vict. c. 27, s. 30, "all penalties under this act, except those denominated excise penalties [for which see tit.Excise,' Chap. III], shall be recovered upon the information or complaint of a constable or other peace officer." By sect. 42, with regard to all penalties, except excise, all the provisions of the 11 & 12 Vict. c. 43, "relating to proceedings for the recovery of penalties by summary conviction, and to appeals against such conviction, and the levying and enforcing of penalties, and the costs of such proceedings, are to be applicable and put in force. By sect. 38, witnesses may be summoned for either party, and if they refuse to attend or to give evidence may be fined not exceeding £10. See ante, p. 161. 417 Appeal-Binding over Constable and Witnesses to give Evidence.] By 23 Vict. c. 27, s. 34, "it shall be lawful for the party convicted of any such second or third offence to appeal to the general or quarter sessions of the peace then next ensuing, unless such sessions shall be held within twelve days next after such conviction, and in that case to the then next subsequent sessions;-and in such case the party so convicted shall, before the convicting justices, forthwith enter into a recognizance, with two sufficient sureties, personally to appear at such general or quarter sessions, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded,-which recognizance such justices are hereby authorized to require and take, -or in failure of the party convicted entering into such recognizance the conviction shall remain good and valid to all intents and purposes;-and the said justices who shall take such recognizance from the party convicted are also hereby required to bind the person who shall make such charge in a recognizance to appear at such general or quarter sessions as aforesaid, then and there to give evidence against the person so charged, and in like manner to bind any other person who shall have any knowledge of the circumstances of such offence;-and it shall be lawful for such court SYNOPSIS OF OFFENCES. Statute. REGISTERING BURIALS. See tit. "Burials," ante, p. 326. REGISTRATION OF BIRTHS AND DEATHS (Note 418). II. REGISTRATION OF DEATHS. I. REGISTRATION OF BIRTHS. 1. Parent, &c. not giving Notice of the Birth within 42 Days.] Parents of child, or in default the occupier of the house or persons present at the birth, or person having charge of the child, not giving information of the particulars to the registrar within 42 days after such birth and not signing the register (Note 419). 2. Failing to give Information to Registrar after Notice (Note 420).] Failing to give information to the registrar after notice from him upon the parents', &c., default with 42 days of the birth. 37 & 38 Vict. c. 88, s. 1. Id. s. 2. of general or quarter sessions to adjudge such person to be guilty of any such second or third offence against the provisions of this act, as the case may be, and such adjudication shall be final to all intents and purposes;-and it shall be lawful for such court of general or quarter sessions to punish such offender by fine, not exceeding the sum of £100, together with the costs of such appeal, or to adjudge the licence granted to and held by or on behalf of such offender to be forfeited and void, or to adjudge that no wine shall be sold by retail in the house or premises mentioned in the licence of such offender for the term of two years from the date of such adjudication, or to punish such offender by such fine as aforesaid, and to adjudge such premises to be disqualified for the sale of wine as aforesaid, and such licence to be forfeited and void,-and if such licence shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly;-and whenever in such case or in any other case the licence of such offender shall be adjudged to be void, such offender shall from and after such adjudication be deemed and taken to be incapable of selling wine by retail in any house kept by him for the space of two years, to be computed from the time of such adjudication;-and any licence granted to such person during such term shall be void to all intents and purposes." Sect. 35 provides, that if the conviction is affirmed, or the appeal abandoned, the court may order payment by the appellant of the costs the justices have been put to, and in default of payment commit him for not exceeding six calendar months unless sooner paid;-and in case the conviction is reversed, the court may order the treasurer of the county, &c. to pay the justices their costs. By sect. 36, if any such appeal be made, convicting justices may order constable to carry on the prosecution, and bind him in a sufficient recognizance so to do,-and also order the treasurer of the county, &c. to pay to such prosecutor and the witnesses their expenses, which order the clerk of the peace is to make out. Forms of Recognizance and Notice, Oke's "Formulist,” 6th edit. Nos. 130, 131, pp. 72, 73. 418"REGISTRATION OF BIRTHS AND DEATHS:" Interpretation.] By sect. 48, it is enacted that the term "Public Institution" means a prison, lock-up, workhouse, lunatic asylum, hospital and any prescribed public or charitable institution. The term "House" includes a public institution as above defined. The term " Occupier includes the governor, keeper, master, matron, superintendent or other chief resident officer of every public institution, and where a house is let in separate apartments or lodgings, includes any person residing in such house who is the person under whom such lodgings or separate apartments are immediately held or his agent. The term “Relative" includes a relative by marriage. The term "Prescribed" means prescribed by regulations made from time to time in pursuance of sect. 5 of the principal act or of this act. The term Appointed Fee" means the fee specified in the second schedule of this act. The term "Guardians" includes any body of persons performing the functions of guardians with the meaning of the acts relating to the relief of the poor. 419 Definition of Registrar and Superintendent Registrar.] By sect. 49, it is enacted, that where reference is made in the act to a registrar in connection with any birth or death or other event, or any register, such reference (unless the contrary is expressed) shall be deemed to be made to the registrar who is the registrar of the sub-district in which such birth or death or other event took place, or who keeps the register in which the birth or death or other event is, or is required to be, registered, or who keeps the register referred to, and to the superintendent registrar who superintends such register as aforesaid. 420 Notices.] By sect. 41, all notices, informations, declarations, certificates, requisitions, returns and other documents required or authorized to be delivered, sent or given to the registrar-general, or superintendent registrar, or a registrar, or by a registrar to a person who is required to give information concerning any birth or death, or who gives notice of any death, may be sent by post in a prepaid letter, and the date at which they would be delivered to the person to whom they are sent in the ordinary course of post is to be deemed the date at which they are received; and in proving such sending it is to be sufficient to prove that the letter was prepaid, properly addressed, and put into the post. 421 Prosecutions by Superintendent Registrars.] By sect. 23 it is enacted, that "it shall be lawful for any superintendent registrar, subject to the prescribed rules, to prosecute any person guilty of any offence under the Births and Deaths Registration Acts, 1836 to 1874, committed within the district of such superintendent registrar: and the costs incurred by him in such prosecution which are not otherwise provided for are to be defrayed out of moneys to be provided by parliament." 422 Appeal.] By 6 & 7 Will. 4, c. 86, s. 46,-"In all cases where the sum adjudged to be paid on any such summary conviction shall exceed £5 (see Reg. v. Warwickshire, Note 6, ante, p. 252, any person convicted may appeal to the next general or quarter sessions which shall be holden not sooner than twelve days after the day of such conviction for the county or other district wherein the cause of complaint shall have arisen ;-provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded;-and upon such notice being 3 B O.S. VOL. I. SYNOPSIS OF OFFENCES. Statute. REGISTRATION OF BIRTHS AND DEATHS-continued. I. REGISTRATION OF BIRTHS-continued. 3. Neglecting to give Information to the Registrar of the finding exposed 37 & 38 Vict. c. 88, s. 3. II. REGISTRATION OF DEATHS. 4. Neglecting to give Information to Registrar of Death.] The relatives or others, where a person dies in a house in their presence, not giving notice thereof to the registrar. 5. Neglecting to give Information where a Person dies not in a House, &c.] The relatives or others, where a person dies not in a house, or where a dead body is found, not giving information to the registrar within five days. 6. Burying a Child as Still-Born.] Wilfully burying or procuring to be buried a deceased child as still-born, or a person who has control over or ordinarily buries bodies per- or permits any still-born child to be buried before there is de- 7. Neglecting to give Notice where a Coffin contains Two Persons.] Undertaker neglecting to give written notice to the person who performs the funeral service that the coffin contains two bodies. 8. Medical Attendant neglecting to give Certificate of Cause of Death.] Medical practitioner who attended deceased in his last illness neglecting to give certificate of cause of death. 9. Neglecting to give Certificate to Registrar.] The person to whom the medical certificate is given failing to deliver the same to the registrar. Id. s. 10. Id. s. 11. Id. s. 18. Id. s. 19. Id. s. 20. Id. given, and such recognizance being entered into, the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs, to either party, as to the court shall seem meet,-and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment. |