and offence to be published, at the expense of such offender, in such newspaper or in such other manner as to such justices shall seem desirable.

Sec. 2. [Power to appoint analysts.] The court of quarter sessions of every county, and the town council of every borough having a seperate court of quarter sessions, may, from time to time, for their respective city, districts, counties, or boroughs, appoint and remove one or more persons possessing competent medical, chemical, and microscopical knowledge as analysts of all articles of food and drink purchased within the said city, metropolitan districts, counties, or boroughs, and may pay to such analysts such salary or allowances as they may think fit; but such appointments and removals shall be subject to the approval of the Lord Lieutenant.

Sec. 3. [Protection against articles being tampered with by purchaser.] On the hearing by the justices of any complaint under this act in any district, county, or borough wherein any analyst shall have been appointed, the purchaser shall prove to the satisfaction of such justices that the seller of the article of food or drink alleged to be adulterated, or his servants, had such notice of the intention of the purchaser to have such article analysed, and also such opportunity of accompanying the purchaser to an analyst appointed by this act, as the justices shall think reasonable, in order to secure such article from being tampered with by the purchaser.

Sec. 4. [Power to purchasers of articles of food and drink to have them analysed.] Any purchaser of any article of food or drink in any district, county, city, or borough where there is any analyst appointed under this act shall be entitled, on payment to the analyst of a sum not less than 2s. 6d. nor more than 10s. 6d., to have any such article analysed by any analyst who may be appointed for such district, &c., and to receive from such analyst a certificate of the result of his analysis, specifying whether in his opinion such article is adulterated, and also whether it is so adulterated as to be injurious to health; and such certificate duly signed by such analyst shall, in the absence of any evidence to the contrary, be sufficient evidence before the justices, or in any court of justice, of the matters therein certified, and the sum so directed to be paid for such certificate shall be deemed part of the costs.

Sec. 5. [Power to justices to have articles analysed.] The justices before whom any complaint may be made under this act may cause any article to be examined and analysed by such skilled person as they may appoint for that purpose, who may be required to give evidence of the same at the hearing of the case; and the expense thereof, and of such examination and analysis, if not paid by the complainant or party complained

against, shall be deemed part of the expenses of executing this act; but nevertheless such expense may be ordered by such justices to be paid by the party so complaining or complained against, as they shall think proper.

Sec. 7. [Where conviction within six days of Q. S., time allowed for appeal. If any such conviction or judgment or order of forfeiture shall happen to be made within six days before any Q. S. of the peace shall be held for the city, county, town, or place wherein such conviction shall have been made, the person who shall think himself aggrieved by any such conviction may, on entering into a recognizance in manner and for the purposes before directed, be at liberty to appeal either to the then next or next following general or quarter sessions of the peace which shall be held for any such city, county, town, or place wherein any such conviction shall have been made, on giving six days notice to the complainant of his intention to appeal.

Sec. 8. [Persons convicted of selling adulterated patented article may have a case stated.] Any person who shall have been convicted by any justices of any offence punishable by this act, in respect of the selling of any article of food or drink which shall have been manufactured according to any process patented before the passing of this act, either by the patentee or owner of the patent, or by any person carrying on his business, may, instead of appealing to the Q. S. apply in writing within five days after such conviction to the justices, to state and sign a case for the opinion of one of the superior courts of law thereon, in like manner as under the statute of the 20 & 21 Vic. c. 43.

Sec. 9. [Procedure in cases under this act.] All monies arising from penalties under this act in any county, city, district, or borough where there are analysts appointed under this act shall, when paid or recovered, be paid in Ireland to the vestry, district board, commissioners, county treasurer, or town council for such county, city, district, or borough respectively, to be applied for the general purposes of such vestry, district board, commissioners, county, city, or borough respectively.

Sec. 10. [Proceedings in Ireland as to complaints, &c. to be subject to provisions of 14 & 15 Vic. c. 93, and 21 & 22 Vic. c. 100.] All proceedings under this act in Ireland as to compelling the appearance of any such person or of any witness, and as to the hearing and determination of such complaints, and as to the making and executing of such orders, and as to the applications of fines, amerciaments, and forfeited recognizances imposed or levied under this act at petty sessions, shall be subject in all respects to the provisions of "The Petty Sessions (Ireland) Act, 1851," as the same is amended by "The Petty Sessions Clerk (Ireland) Act, 1858," (when the case shall be heard in any petty

sessions district), and to the provisions of the acts relating to the divisional police offices (when the case shall be heard in the police district of Dublin metropolis), so far as the said provisions shall be consistent with any special provisions of this act; and when any fine or penalty is imposed at any of the divisional police offices of Dublin metropolis, or by the justices in any corporate town, under the provisions of this act, such fines and penalties shall be paid over to the same purposes and appropriated and applied in the same manner as is now by law authorized in respect of fines and penalties imposed at such divisional police offices, or by the justices in any such corporate town respectively.

Sec. 11. [Appeal to Q. S.] In Ireland any person who has been convicted of any offence under this act may appeal to the next Q. S. to be held in the same division of the county where the order shall be made by any justice (o) or justices in any P. S. district, or to the recorder at his next sessions where the order shall be made by the divisional justices in the police district of Dublin metropolis, or to the recorder of any corporate or borough town when the order shall be made by any justice or justices in such corporate or borough town (unless when any such sessions shall commence within seven days from the date of any such order, in which case, if the appellant sees fit, the appeal may be made to the next succeeding sessions to be held for such division or town); and it shall be lawful for such court of Q. S. or recorder, as the case may be, to decide such appeal, if made in such form and manner, and with such notices, as are required by the Petty Sessions Acts respectively herein-before mentioned as to appeals against orders made by justices at P.S.; and all the provisions of the said Petty Sessions Acts respectively as to making appeals and as to executing the orders made on appeal, or the original orders where the appeals shall not be duly prosecuted, shall also apply to any appeal or like order to be made under the provisions of this act.

Sec. 13. [Indictment not affected.] Nothing in this act contained shall be held to affect the power of proceeding by indictment, or to take away any other remedy against any offender under this act.

Sec. 14. [Interpretation of terms.] "Articles of food or drink" shall (if not inconsistent with the context or subject matter) include not only all alimentary substances, whether solids or liquids, but also all eatables or drinkables whatsoever not being medical drugs or articles usually taken or sold as medicines, but this act shall not be construed so as to affect the ordinary reduc

(0) It requires two justices to adjudicate in petty sessions, see sec. 1,

ante, p. 563.

tion of the strength of foreign, British, or colonial spirits by persons licensed and paying duties under the excise.

FORCIBLE ENTRY. It seems that entering with such force and violence into lands or tenements as to exceed a bare trespass was an offence indictable at common law (p); but against this offence provision has been made by various statutes. It was enacted by 5 Rich. II. c. 2, that none shall make entries into any lands or tenements but in case where entry is given by the law, and in such case not with strong hand nor with multitude of people on pain of imprisonment. By the 15 Rich. II. c. 2, it was enacted, in order to give a more speedy punishment for a forcible entry, that a J. P. shall, with sufficient power of the county, go to the place where the force is made, and put in the next gaol any person found holding forcibly after a forcible entry, there to abide convict by the record of the said justice. That statute, however, did not give any remedy for a forcible detainer after a peaceable entry, nor for cases where the offenders are removed before the coming of a J.P.; and therefore the 8 Henry VI. c. 9, was passed, which provides that in cases of forcible entry or detainer, and whether the offenders be present or departed before the arrival of the justice to whom complaint is made, such justice shall have power to direct the sheriff to summon a jury to inquire into the offence, and shall cause the lands, &c. to be re-seized, and shall put the party in full possession as before. And, finally, by 10 Ch. I. stat. 3, c. 13, Ir. the provisions of 8 Hen. VI. c. 9, are extended to cases of a forcible entry into leaseholds as well as freeholds (9).

Pulling down house.] By the 11 & 12 Vic. c. 47, it is enacted, that whosoever, with intent to dispossess any person actually dwelling in a house or other building used as a dwelling house (whether such person shall be so dwelling under a continuing tenancy or holding over after the expiration thereof), shall, except so far as may be necessary to enable the sheriff or his officer to effect an entrance thereto, pull down, demolish, or unroof in whole or in part such dwelling house or building, whilst such person or any of his family shall be actually within, shall be guilty of a misdemeanor.

(p) Ros. Cr. Ev. 467; Wilson's case, 8 T. R. 857; 1 Rus. by Grea. 304.

(q) To sustain an indictment for a forcible entry there must be as many persons present as would constitute a riot, R. v. Fearon, Ir. C. R. 271. The 26 Geo. III. c. 24, s. 64, Irish, makes it a felony for forcibly and

without due process of law taking the possession of any house, land, or tenement and holding such possession, or forcibly opposing or resisting the execution of any process of the law for giving or granting the possession of any house, land, or tenement; see also 25 Geo. II. c. 12, Ir., made perpetual by 40 Geo. III. c. 96, Ir.

How committed.] A forcible entry or detainer is committed by violently taking or keeping possession of lands or tenements by menaces, force, and arms, and without the authority of the law (r). It is not necessary that there should be any one assaulted to constitute a forcible entry; for, if persons take or keep possession of either house or lands, with such numbers of persons and show of force as are calculated to deter the rightful owner from sending them away and resuming his own possession, that is sufficient in point of law to constitute a forcible entry, or a forcible detainer (s). The statute 15 Ric. II. only gave a remedy in case of forcible detainer where there had been a previous forcible entry; but the statute 8 Hen. VI. c. 9, gives a remedy for forcible detainer after a previous unlawful entry; for the entry may be unlawful, though not forcible (1). But it does not hence follow that the statute 8 Hen. VI. does not apply to the case of a tenant at will, or for years, holding over after the will is determined, or the term expired; because the continuance in possession afterwards may amount, in judgment of law, to a new entry (u). There seems to be no doubt that a party may be guilty of a forcible entry, by violently and with force entering into that to which he has a legal title ("). Proof that the party holds colourably, as a freeholder or leaseholder, will suffice; for the court will not enter into the validity of an adverse claim, which the party ought to assert by action, and not by force (w).

Summary jurisdiction]. Summary proceedings under these ancient statutes are involved in great difficulties and of rare occurrence, as parties in general prefer obtaining restitution by the safer course of indictment (c). And magistrates may in their discretion refuse altogether to interfere in the case, which would be the wisest course, and the Court of Queen's Bench will not compel them to proceed (y). As before stated, by 15 Rie. II. e. 2, and 8 Henry VI. c. 9, it is enacted that the party grieved may complain to any one justice, and after such complaint the justice shall, at a convenient time, at the cost of the party grieved, take sufficient power of the county, and go to the place where such force is made, and put the offender in gaol. It is

(2) 4 Bl. Com. 148; 3 Burr. 1702, n.; Hawk. P. C. 61, c. 64, s. 25; Ros. C. E. 468.

(8) Milner v. Maclean, 2 C. & P. 18; Eliza Smith's case, 5 C. & P. 201. (t) Oakley's case, 4 B. & Ad. 307; Ros. Cr. Ev. 469.

(u) Per Parker, J. Oakley's case,

sup.

(v) Newton v. Harland, 1 M. & G.

644; 1 Russ. by Grea. 305; Ros. Cr. Ev. 470.

(w) Williams' case, Ros. Cr. Ev. 471. (x) R. v. Wilson, 5 Nev. & M. 171. (y) See ex parte Davey, 2 Dowl N. S. 24; R. v. Gresson, 3 Ir. L. R. 13 In nearly all the reported cases the convictions have been held bad.