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INDEX TO SUBJECTS OF

OF CASES.

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burial ground ”– Refusal by Secretary of State

to approve--Specific performance - Ultra vires-

Burial Act 1852 (15 & 16 Vict. c. 85), ss. 25, 26,

28-Barial Act 1853 (16 & 17 Vict. c. 134), ss. 1,

6-Burial Act 1855 (18 & 19 Vict. c. 128), 8. 9... 447

620

(See Local Gorernment.)

CARRIAGE LICENCE.

(See Revenue.)

SUBJECTS OF CASES.

... page 266

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Wife assisting husband in commission of crime

Marital control
Seaman-Intimidation--Seafaring man out of em.

ployment - Conspiracy and Protection of Pro-
perty Act 1875 Construction of statute-

Merchant Shipping Acts 1854 and 1894... 308 Wilful or malicious damage to property-Person

walking across grass field--Damage to grassConviction for wilful damage Malicious Damage Act 1861

394 Evidence – Admissibility Confession -Induce

ment to confess-Duty of prosecuting counsel and solicitor--Bail..

424 Evidence-Admissibility of Statement made by

accused in answer to question by constableAdmissibility of question and answer- -Voluntary statement....

529 Wilful damage to property-Act wilful, but not

malicious---Adding water to milk to increase bulk -Fraudulent motive—“ Wilful or malicious damage-Malicious Damage Act 1861 (24 & 25 Vict. c. 97), s. 52.

542 Betting -Gaming---Sweepstake-Lottery-Contin.

gency of horse-race-16 & 17 Vict. c. 119, s. 1... 698

53

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CRUELTY TO CHILDREN.

(See Criminal Law.)

COSTS OF QUARTER SESSIONS.

(See Local Government.)

CUTTING TREES NEAR HIGHWAY. Timber trees-Yew--Highway Act 1835............... 396

COUNTY BUILDINGS. Which are used partly, but not exclusively, in and

for the service of the Crown, are rateable to the relief of the poor

DAIRIES AND COWSHEDS. Ventilation-Air space-Order in Council—“As if

enacted by this Act" Contagious diseases (Animals) Act 1878-Dairies, Cowsheds, and Milk. shops Order 1885

252

14

DAMAGE. (See Highway.)

DAMAGE TO GRASS. (See Criminal Law.)

COUNTY COUNCIL. Bye-law---Validity-Using streets for betting-No obstruction

414 Election of councillors—Death of candidate after

nomination and before poll-Duty of returning officer--Countermand of poll ---Power of court to fix day of election-Municipal Corporations Act 1882 (45 and 46 Vict. c 50), ss, 58, 70-Ballot Act 1872 (35 and 36 Vict. c. 33), s. 1

452 Bye-law-Validity Music in streets

No annoy ance

464 Bye-law--Validity-Music in streets-Annoyance -Public Health Act 1875 (38 and 39 Vict. c. 55), ss. 182, 184—Municipal Corporations Act 1882 (45 and 46 Vict. c. 50), s. 23 - Local Government Act 1888 (51 and 52 Vict. c. 41), s. 16

535

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c. 49 ..

DIVORCE.
Rape—20 & 21 Vict. c. 27–48 & 49 Vict. c. 69, s. 4
-Evidence

616

CRIMINAL LAW.
Coroners-Inquisition setting out special facts---
Sufficiency of

71 Unlawful Gaming-Using house or room for pur.

poses of-Unlawful game- What is, a question of law-17 and 18 Vict. c. 38; 42 and 43 Vict.

139 Criminal procedure-Trial by jury--Trial “ accord.

ing to the laws of Great Britain "-Foreign Jurisdiction Act 1894..

196 Larceny by bailee-Habeas corpus-ExtraditionLarceny Act 1861

231 False pretences Larceny Fraud Credit

Obtaining goods by false pretences ---Obtaining credit by fraud

263 Practice -- Indictment- Evidence Certificate of

birth -- Proof of age Cruelty to children Custody or charge of child

264 Commencement of prosecution-Rape-Defilement

of girl under sixteen--Greater offence including the lesser...

266

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EVIDENCE. (See False Pretences-Practice.)

EXTRADITION. (See Criminal Law.)

GAMING. Betting -- Place used for betting What is a “place - Betting Act 1853...

84 Using a place for purposes of betting-What is a place"-Betting Act 1853....

91 Unlawful gaming-Using house or room for purpose

of-What is unlawful game, a question of law

17 & 18 Vict. c. 38; 42 & 43 Vict. c. 49 ............ 139 Place used for betting--Inclosure ou racecourse

Betting by bookmakers-“House, office, room, or other place ”- Betting Act 1853

150 Place-Using place for purpose of betting-Arch

way-Trespasser using-16 & 17 Vict. c. 119, s. 1 494

EXTRAORDINARY TRAFFIC. Person by whose order the traffic is conducted

Highways and Locomoti.es (Amendment) Act 1878

392 (See Highway.)

GLASSHOUSES.

(See Rating)

FACTORIES AND WORKSHOPS ACTS. Dangerous machinery — Fencing - Factory and Workshop Acts 1878 and 1891.....

49 Workshop open on Sunday-Persons of Jewish

religion--" Open for traffic on Sunday"-Factory and Workshop Acts 1878

81 Bleaching and dyeing works-Hooking, lapping,

packing-Factory and Workshop Act 1878 (41 Vict. c. 16), s. 93—Fourth Schedule, part 1,

410 Underground bakehouse-Use at commencement of

Act--- Factory and Workshop Act 1895 (58 & 59 Vict. c. 37), ss. 27 (3), 55..

461 Unf-nced machinery--Accident through careless

ness and disobedience of workman-Liability of employer-Factory and Workshop Act 1878 (41 Vict. c. 16), s. 82

514 Young person – Working during meal hours

Deemed to be employed-Factory and Workshop
Act 1878 (41 Vict. c. 16), 88. 17, 83, 86, 87, 94... 517

8. 2

HIGHWAY.
Extraordinary traffic Damage “ Person by

whose order traffic conducted -- Highways
and Locomotives (Amendment) Act 1878

1 Right to take gravel from common for repair of

highways — Jurisdiction of justices to refuse

order for taking gravel-Commons Act 1876 53 Extraordinary traffic-Person by whose order such

traffic is conducted-Liability-Highways and Locomotives Amendment Act 1878.....

191 Riding bicycle on highway at night without lighted

lamp-Power of police officer to arrest offender ---Highway Act 1833.

218 Locomotive — “User” on highway Locomotive

passing over highway from one locality to another -Licence-Bye-laws---Highway and Locomotives (Amendment) Act 1878

221

SUBJECTS OF CASES.

- page 300

to sit as justice - Local Government Act 1894 (56 & 57 Vict.) c. 73), s. 22-Justices' Qualifica

tion Act 1871 (34 & 35 Vict. c. 18), s. 1...... page 420 Practice-Different offences charged-Hearing of all

informations before decision of first-Conviction on first information-Legality of conviction...... 589 (See Water Rate-Employers and Workmen Act 1875.)

Public footway prior to 1835 Objections to

appointment of sewering expenses- “Street
Repairable by the inhabitants at large--Private

Street Works Act 1892...
Surveyor-Supplying team work—Member of dis-

trict council-Surveyor or not--Highway Act
1835- Public Health Act 1875-Local Govern.
ment Act 1894

306 Right of passage-Extent of-Roadside strips Special Act--Construction

378 Extraordinary traffic-Person by whose order the

traffic is conducted-Highways and Locomotives (Amendment) Act 1878...

392 Cutting trees near- Timber trees--Yew-Highway Act 1835

396 Highways repairable ratione tenure--Repairs of

Person liable for - Whether liability is on owner or occupier Local Government Act 1894 (56 & 57 Vict. c 73), s. 25, sub-s. 2..

515 Stile and public footpath-Liability to repairRatione tenure-Evidence

614

LANDLORD AND TENANT. Covenant by tenant to pay rates, taxes, and

assessments Expenses of paving street Summary recovery from landlord-Claim against tenant- Public Health Act 1875 (38 & 39 Vict. c. 55), s. 150

639

LARCENY. (See Criminal Law.)

LARCENY BY BAILEE.

(See Criminal Law.)

HUSBAND AND WIFE. Maintenance---Non-liability of husband to maintain

adulterous wife--- Poor Law Amendment Act 1868

132

LICENCE FOR BEERHOUSE.

(See Contract.)

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INTOXICATING LIQUORS. Sale during probibited hours to be consumed off

LICENSING ACTS.
Peninsular officers and soldiers-Claim by statute

to sell liquor without licence-56 Geo, 3, c. 67... 47 Power of constable to enter on licensed premises -Supposed violation of Act --Reasonable grounds

-Sounds of music and dancing-Licensing Act 1874

83 Licensed premises---Closing hours —" Found drunk

on licensed premises” during closing hours

Liability to conviction--Licensing Act 1872. 98 Intoxicating liquors-Licence to sell— Transfer of

licence-Protection order-Licence still in force -Alehouse Acts 1828 and 1842-Licensing Act 1872...

100 Intoxicating liquors Off licence Surrender

Removal or new grant-Licensing Act 1872..... 176 Appeal from licensing justices-Costs—Court of

summary jurisdiction Sammary Jurisdiction Act 1879—Alehouse Act 1828

207 Intoxicating liquors--Licence—Theatre--Exemp

tion--Theatres Act 1843— Licensing Acts 1872 and 1874

245 Decease of tenant- Grant of licence to tenant of

house so becoming unoccupied-Alehouse Act 1828

393 Licensed premises-Demolition for public parpose

-New premises—“ Person whose house shall be pulled down"--Intoxicating Liquor Licensing Act 1828 (9 Geo. 4, c. 61), s. 14

401 Off licence--Removal-Application for new licence

-Surrender of old licence-Notice to holder

Licensing Act 1872 (35 & 36 Vict. c. 94), s. 50... 425 New licence--Application for-Right of person to

object without being sworn-Jurisdiction of justices to require objector to be sworn-Discre. tion of justices-Certiorari-Mandamus

456 Grant of liconce on money puyment--CertiorariMandamus

462 Transfer of licence --Mandamus---Certiorari--Ale. house Act 1828 (9 Geo. 4, c. 61), ss. 4, 14

485 Refusal to quit licensed premises - Person not

drunken, violent, quarrelsome, or disorderly

Licensing Act 1872 (35 & 36 Vict. c. 94), 8. 18... 488 Sunday closing-Beer ordered and paid for on

Saturday, but delivered on Sunday--Opening licensed premises during prohibited hours-Conviction for Sunday Closing (Wales) Act 1881 (44 & 45 Viot. c. 61), ss. 1, 2-Licensing Act 1874 (37 & 38 Vict. c. 49), s. 9

531 ..page 549

premises-Bona fide traveller-Licensing Act 1874..

70 Licence to sell-Transfer of licence-Protection

order-Licence still in force-Alehouse Acts 1828 and 1842--Licensing Act 1872

100 · Sending out, delivery, or removal"-Spirits over

one gallon- Spirits Act 1880 (43 & 44 Vict. c. 24), 88. 105, 107....

683 (See Licensing Acts.)

JURISDICTION OF JUSTICES. Jurisdiction-Search-warrant - Sufficiency of in

formation-Allegation of reasonable suspicion of larceny-Goods not specified

12 First offence-Mitigation of penalty-Summary

Jurisdiction Act 1879—Cotton Cloth Factories
Act 1889

46 Jurisdiction of justices to refuse order for taking gravel---Commons Act 1876..

53 Order made under Vaccination Act 1867-Costs of

order - Default Imprisonment Summary jurisdiction Acts 1848 and 1879

229 Disunalification-Bias - Interest Charge against

unqualified person for acting as solicitor Prosecution by Incorporated Law SocietyMember of society sitting as justice.

232 Disqnalification - Clerk to justices Practising

solicitor-Clerk accepting office of justice---Right

SUBJECTS OF CASES.

- page 259

Appeal against refusal to transfer - Costs of

successful appeal -- Certiorari — Alehouse Act

1828 (9 Geo. 4, c. 61), ss. 27, 29 Renewal of licence-Applicant for-No objection

served before date of general meeting-Objection taken by justices in court-Adjournment-Notice of objection-Notice by justices to attend-Suffi. ciency of notices—Licensing Act 1872 (35 & 36 Vict. c. 94), s. 42

626 New licence-Provisional grant-Confirmation

Opposition to confirmation-Rules of practice imposing conditions upon person opposing confirmation of grant-Validity of rules-Licensing Act 1872 (35 & 36 Vict. c. 94), 88. 37, 43

629 Beerhouse - Transfer opposed-Renewal opposed

on same grounds-No estoppel-Wine and Beer.

house Act 1869 (32 & 33 Vict. c. 27), gs. 8, 19 ... 633 Renewal of licence-Refusal of renewal by licensing

justices --Appeal--Licensing justices appearing on appeal-Power of quarter sessions to order licensing justices to pay successful appellant's costs--Indemnity order-Costs of certiorari and mandamus-Alehouse Act 1828 (9 Geo. 4, c. 61), 85. 27, 29

635

LIGHTERMEN AND WATERMEN.

(See Thames Navigation.)

LINE CROSSING RAILWAY.

(See Railway.)

LOANS TO GUARDIANS.

(See Poor Law.)

London County Council-Betterment-Charges

Initial valuation Licensed premises-- Takings and payments---Tying covenants--London County Council (Tower Bridge Southern Approach) Act

1895 Urban authority-Contract under seal-Alterations

and variations not under seal --Agreement to compromise disputes not under seal Public Health Act 1875...

268 “ Streets Charges for paving, sewering, and

metalling-Trespass---Arbitration--West Hartle

pool Extension and Improvement Act 1870 272 Street repairable by inhabitants at large-Paving

expenses-Liability of frontagers - Local Act-Effect of subsequent general legislation -Ashtonunder-Lyne Improvement Act 1849....

312 Public health-Privies and water-closets-Powers

of local authority-General resolution-Notice to provide sufficient privy-Validity of noticePublic Health Act 1875..

371 Public health-Privies and water-closets-Powers

of local authority--No general resolution-Notice to provide sufficient water-closet-SpecificationValidity of notice-Public Health Act 1875 (38 & 39 Vict. c. 55), s. 36

416 “ Sewer- Railway-Accommodation works-Sewer

made for draining land-- Public or private Act-Vesting in local authority-Railways Clauses Consolidation Act 1845 (8 & 9 Vict. c. 20), ss. 1, 68 --Public Health Act 1875 (38 & 39 Vict. c. 55), ss. 4, 13, sub-s. 2....

443 Street-Footways---Highways repairable by inhabi

tants at large--Liability of frontagers to repair footways-Local Act-Public Health Act 1875 (38 & 39 Vict. c. 55), s. 149--Local Government Act 1888 (51 & 52 Vict. c. 41), s. 11

473 Quarter sessions borough over 10,000 population

New county bridges-Liability to contributeLocal Government Act 1888 (51 & 52 Vict. c. 41), 88. 6, 35

555 Sewers-Duty of local authority to make-Default

Mandamus Public Health Act 1875 (38 & 39 Vict. c. 55), ss. 15, 299

558 Transfer of areas-- Adjustment-Local Government Act 1894 (56 & 57 Vict. c. 73), s. 68

551 Rate-Rural authority--Special expenses-Judg

ment debt-Retrospective rate - Mandamus-Delay-Discretion of court--Public Health Act 1875 (38 & 39 Vict. c. 55), s. 230

561 Costs of quarter sessions—Borough having a popu.

lation less than 10,000-Salary of clerk to borough justices-Payment out of borough funds ---Local Government Act 1888 (51&52 Vict. c. 41), 88. 35, 38, 84

650 Water company--Lowering surface of street-Duty

of local authority to lower pipes-Metropolis Management Act 1855 (18 & 19 Vict. c. 120), 8. 98 ...

657 Municipal corporation-Urban Sanitary Authority

-Elective auditor - Duties — RemunerationPublic Health Act 1875 (38 & 39 Vict. c. 55), 88. 245, 246—Municipal Corporation Act 1882 (45 & 46 Vict. c. 50), ss. 12, 25, 26, 27, 141, 142

686 Street-Permanent paving of part by looal authority

“ New street”-Metropolis Management Act 1855 (18 & 19 Vict. c. 120), 88. 98, 105— Metropolis Management Amendment Act 1862 (25 & 26 Vict. c. 102), s. 112

694

36

LOCAL GOVERNMENT.
Drainage-Local authority-Statutory duty-Non-

feasance --Statutory remedy-Right of action-
Public Health Act 1875.

7 Sewers--Duty of local authority to make sewers

Default - Remedy- Mandamus — Complaint to Local Government Board Public Health Act 1875 ....

29 Public health-Local Act--Commissioners-Agree

ment between commissioners and defendantPowers of commissioners vested in council on incorporation-Streets—Charges for paving, &c. -Trespass-Arbitration-Memorial to Secretary of State---West Hartlepool Extension and Im. provement Act 1870 Water supply-Transfer of part of one district to

another-Construction of waterworks-NoticeLocal Government Act 1888—Public Health Act 1875 ...

.....115, 146 Drainage Surface water from road-Right to dis

charge into natural watercourse-Public Health Act 1875....

170 Sewering of private streets—Street already sewered

* to the satisfaction of the local authority Notice to be served on all the frontagers---Public Health Act 1875...

197 Bicycle-Riding bicycle on highway at night with

out lighted lamp-Power of police officer to arrest offenders---Assault--Highway Act 1835–Local Government Act 1888

218 Tithe map--Custody-Order of county council

Power of justices to enforce—Tithes Acts 1836,

1840, and 1860-Local Government Act 1894 247 Borough rate--Costs of quarter and petty sessions

– Borough with population under 10,000 Separate court of quarter sessions-Municipal Corporation Act 1882-Local Government Act 1888...

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