ESTATE DUTY-continued.

FORFEITURE-continued.

Superfluous land-Lands Clauses Act, 1845,
sect. 127-Ejectment-Discovery 421
See DISCOVERY.

See PARLIAMENT. 1, 2.

383, 389

section 2, sub-section (b), of the Act, and therefore
deemed to pass, and that, on the true construction
of section 7, sub-section 5, of the Finance Act, the
valuation of the shares ought to be based upon a | FRANCHISE – Parliamentary
supposititious, not an actual, sale in the open
market, excluding the consideration of such pro-
visions in the articles of association as would
prevent a purchaser at the sale from becoming a
member of the Company, and registered as such in
respect of the shares purchased by him at such
supposititious sale. Borland's Trustee v. Steel,
Bros., & Co., Ltd. ([1901] 1 Ch. 279), followed.
The Attorney-General v. Jameson K. B. 644 [VAR.]
ESTOPPEL-Rating appeal-1 & 2 Vict. c. 56,
s. 107
374

GUN-Negligence in leaving unguarded while
loaded
317, 335

See RATES. 1.

EVIDENCE - Admissibility - Libel
cation

- Justifi-
536, 547

Register of pharmaceutical

chemists-Printed copy

See LIBEL.

Admissibility

See PHARMACEUTICAL CHemist.

Act, 1903 -

693

See NEGLIGENCE. 1.
INCORPORATION OF STATUTE

587

See INDORSEMENT OF CONVICTION.
INDORSEMENT OF CONVICTION-License
Licensing Acts-Incorporation of statutes-In-
toxicating Liquors (Sale to Children) Act, 1901
(1 Edw. 7, c. 27)—Licensing (Ireland) Act, 1874
(3738 Vict. c. 69), s. 21.] A publican having
been convicted, under the Intoxicating Liquors
(Sale to Children) Act, 1901, for selling intoxicating
liquor to a child under fourteen, contrary to the
provisions of the Act:-Held, that the conviction
could not be ordered to be indorsed on his license.
The King (Haslett) v. Justices of Tyrone and Fer-
managh
K. B. 587

Speed dangerous to the public-Motor Car INHABITANT OCCUPIER- Separate bed-

See MOTOR CAR.

383, 389
INJUNCTION - Probate Practice Inter-
meddling with assets before administration—Appli-
cation of next-of-kin.] Where, shortly after the
69 death of a tenant intestate, the landlord wrongfully
entered and seized the goods of the deceased, the
Court, on the ex parte application of the sole next-
of-kin before administration, granted an injunc-
tion to restrain the landlord from interfering with
the assets, the plaintiff giving an undertaking as to
267 damages. In the Goods of Cassidy; Cassidy v.
Foley
K. B. (PROB.) 427
429 INSTRUCTIONS-For brief-Taxation between

Refusal to
carry on publican's business-Surrender
-Covenants as to license

See LEASE.

Revocation of probate-Laches -

See REVOCATION OF PROBate.
EXEMPTION-Rates-Public purposes
See RATES. 2.

Veterinary surgeon-Juries

See JURY.

218

FAIR RENT-Fixed under Redemption of Rent

INTERROGATORIES.

See DISCOVERY.

478

Act-Liability to tithe rentcharge 200 INTOXICATING LIQUOR-Sale to Chil-

Redemption of Rent Act Liability of JUDGMENT-In ejectment-Holding sublet-

A

See LICENSING ACTS. 1.
JURY-Exemption-Veterinary surgeon—14 § 15
Vict. c. 90, s. 9—39 & 40 Vict. c. 78, s. 20.]
duly qualified veterinary surgeon is entitled to
exemption from serving on any jury, inquest, or
inquiry, by virtue of coming within the descrip-
tion of persons exempted in sect. 20 of the Juries
Procedure (Ireland) Act, 1876 (39 & 40 Vict. c. 78),
and the schedule annexed thereto, as being a
"licensed medical practitioner." In re Allen
[CR. CAS. RES. 565
JUSTICES-Bias - Membership of temperance
Licensing application

association

-

Engaging solicitor to oppose

See BIAS.

75

See QUARTER SESSIONS.
Indorsement of conviction-Sale of intoxicat-
ing liquor to child

See INDORSEMENT OF CONVICTION.

Licensing Acts.

587

See LICENSING ACTS.
Loan fund society-Promissory note-Time
within which proceedings must be taken
See LOAN FUND SOCIETY.
[18
Neglect to vaccinate- Second prosecution 1
See VACCINATION.

2.

Recovery of possession from caretaker
Demand-Bailiff-Authority

See DEMAND OF POSSESSION.

LACHES-Revocation of probate

See REVOCATION OF PROBATE.

-

591

LAND LAW (IRELAND) ACTS—continued.
Purchase of holding by tenant-Mortgage to
Land Commission-Second mortgage-
Ejectment

-

357, 360

LEASE
Covenants-Te
preserve the license-To assign and transfer the
license at the end of the term to the landlord-Death
of tenant-Executrix declining to carry on business,
and closing the public-house Loss of license.]
J. W. was tenant of a licensed house at S., in the
county of Donegal, under an agreement, dated the
11th February, 1891, for ten years, at the rent of
£20, and on the expiration of the term, in 1901, he
remained on as an over-holding tenant. The
agreement contained covenants by the tenant-
(1) not to do or suffer any act whereby the license
might be forfeited or affected prejudicially, or the
267 renewal might be withheld; (2) that he would do
all acts necessary to procure a renewal of the
license, and not to assign or sublet the premises
without consent in writing; and (3) at the ex-
piration of the term to do all acts necessary for
assigning and transferring the then existing license
to the nominee of the landlord. J. W. died on the
26th October, 1902, and by his will he appointed
the defendant, his widow, sole executrix. J. W.
had a license for the year ending October, 1902,
and he had obtained a certificate from the magis-
trates at the Licensing Sessions for a renewal of
that license, but he had not paid the duty. A few
days after his death B., one of the ptaintiffs, had
a conversation with the defendant, when the de-
fendant stated that she would not carry on the
business, and intended to surrender the premises.

200

LAND LAW (IRELAND) ACTS-Fair rent
fixed under Redemption of Rent Act
Liability to tithe rentcharge
See TITHE RENTCHARGE.
Judgment in ejectment for non-payment of
rent-Subletting-Discharge of middle-
man from liability for arrears of rent-
Land Law Act, 1896, s. 12 -
182
See ACTION TO RECOVER POSSESSION OF
LAND. 1.

Lease between passing of Act of 1881 and 1st
January, 1883-Lessee contracting out
[234, 256
See ACTION TO RECOVER POSSESSION OF
LAND. 2.

LEASE-Continued.

LIBEL-continued.

examination, admitted that they left L. secretly;
that they left blinds and curtains up in their
house when quitting; that they owed rent and
bills to traders in L., and they also admitted
having left bills and rent due by them in the city
of C., where they had resided before they came to
L. Evidence from witnesses in C. was then pro-
duced to show that they had previously pursued a
course of dealing in C. similar to what was alleged
by the libel against them in L. Notwithstanding
objection, the Judge at the trial admitted this evi-
dence, the objection not being grounded on surprise,
but on the inadmissibility of evidence which had
not been mentioned in the libel or in the plea of
fair comment. The jury found for the defendants,
and on a new trial motion:-Held (by the Court
of Appeal, reversing the decision of the King's
Bench Division), that the evidence was admissible,
not withstanding that no particulars had been
given, the plaintiffs having waived their right to
obtain particulars. Hewson v. Cleeve

LICENSE-

-

B. stated that it would be necessary to put the
premises in repair, which the defendant agreed to
do, and pay the duty. The defendant then gave
B. the amount of the duty, and asked him to pay
it for her, which he agreed to do. B. paid the |
duty and took out the license in the name of
J. W., which he handed to M., a solicitor, who
had J.W.'s will in his possession; but M. was not
retained or instructed by the defendant. In con-
sequence of M. refusing to give up the will of
J. W., probate of the will was not obtained until
the 16th December, 1902; but on the 29th No- |
vember, 1902, M., without instructions from the
defendant, obtained an interim transfer of the
license at Petty Sessions to the defendant. The
plaintiffs insisted on the defendant putting the
premises in repair, and keeping them open to carry
on the business. The defendant refused to open
the premises. On the 31st January, 1903, she
removed the stock-in-trade, and sent the keys to
the plaintiffs, who took possession next day. The
plaintiffs took no steps to obtain an interim transfer
or a new license, although the defendant offered
to do everything necessary to transfer the license.
The license was lost. In an action for damages
for breach of the covenant to maintain the license,
and transfer it at the end of the term:-Held
(affirming the decision of the King's Bench Divi-
sion), that the defendant, as executrix or tenant,
was not bound to take out a license pending a sur- LICENSING ACTS-Licensing (Ireland) Act,
render of the licensed premises, and that her | 1902 (2 Edw. 7, c. 18), s. 6—Adjoining premises
omission to take it out and to carry on the—Certificate granted for new license in contravention
publican's business was not an act done by her, by of Act-Refusal of Excise authorities to issue license
which the existing license was forfeited. Brown v. |— Mandamus—Form of certificate under 2 Edw. 7,
Watson
APP. 218 c. 18.] A mandamus will not lie to compel the
Made between passing of Land Act, 1881, collector of Inland Revenue to issue an Excise
and 1st January, 1883-Lessee contracting license for the sale of spirits, in pursuance of a
234, 256 certificate granted by the magistrates at Quarter
See ACTION TO RECOVER POSSESSION OF Sessions, where such certificate was granted
LAND. 2.
without jurisdiction, even though the certificate is,
on its face, a valid one. The Queen v. O'Connell
(2 L. R. Ir. 625) distinguished. Quare-Whether,
since the passing of the Licensing (Ireland) Act,
1902, a certificate of the magistrates granting a
LIBEL-Practice-Particulars-Fleading-Justi- license should not show on its face that the case

out

LEGAL ESTATE-Outstanding-Ejectment

[357, 360
See ACTION TO RECOVER POSSESSION OF
LAND. 3.

fication-Evidence-Order XIX., Rules 4 and 6.]
The defendants published a libel on the plaintiffs,
and, on an action for damages being brought,
pleaded fair comment and justification. The libel
charged the plaintiffs with swindling, obtaining
goods from traders on credit and not paying for
them in the city of L. It was pleaded generally,
without an innuendo. The plea of fair comment
mentioned some matters in the nature of parti-
culars, all confined to the city of L.; but no
particulars were given by the defendants or re-
quired by the plaintiffs, in respect of the plea of
justification. At the trial the plaintiffs, in cross-

[K. B. 536; APP. 547
Covenant as to, in lease Death
of lessee-Refusal of executrix to carry
on business-Surrender-Loss of license
See LEASE.
[218
Indorsement of conviction-Sale of intoxi-
cating liquor to child
587

See INDORSEMENT OF CONVICTION.

comes within some of the exceptions in that Act.
The King (M'Clinchy) v. Greer
K. B. 494

2.

Assignment of licensed premises - Ad
interim order made at Petty Sessions. Transfer
refused at Quarter Sessions on ground of character
of applicant and unsuitability of premises—Re-
assignment to original licensee-35 & 36 Vict. c. 94,
8. 3-18 & 19 Vict. c. 114-3 & Wm. 4, c. 68,
s. 4-37 & 38 Vict. c. 69, s. 12, sub-sec. 1-Sale of
intoxicating liquor.] 4. held a publican's license
for the period of twelve months from the 10th
October, 1902, in respect of certain premises which
he held under lease for a term of years, subject to

LICENSING ACTS-continued.

LICENSING ACTS-continued.

5. Spirit grocer or beer retailer-Certificate
for renewal of license-Service of notice of intention to
apply for-Certiorari-Discretion of Court to grant
or refuse-Beerhouses (Ireland) Act, 1864 (27 & 28
Vict. c. 35), s. 4-Licensing Act, 1872 (35 ₫ 36
Viet. c. 94), s. 82-Beer Retailers' and Spirit
Grocers' Retail Licenses (Ireland) Act, 1900 (63 §

a mortgage. In February, 1903, A and the mort-
gagees executed a deed, assigning the premises,
license, and goodwill to B, who executed a fresh
mortgage to the same mortgagees. A also pur-
ported to assign the license to B by endorsement.
A gave up possession to B, who obtained the usual
ad interim order at Petty Sessions, to remain in
force until the next (April) Quarter Sessions, and | 64 Vict. c. 30), s. 1.] The provisions of sect. 4 of
B proceeded to carry on the trade of a publican in the Beerhouses (Ireland) Act, 1864, requiring a
the premises. In April, 1903, shortly before the person applying for the certificate from the magis-
Quarter Sessions, B was convicted of an offence trates necessary for the renewal of a beer retailer's
against the licensing laws. At the April Quarter or spirit grocer's license, to give twenty-one days'
Sessions the police opposed the transfer of the notice in writing of the application to the police,
license to B, and the Justices refused to grant it, are mandatory, both as to the giving of the notice
on the grounds of the unsuitability of the premises, and the length of notice, and if not complied with
and the character of the applicant. B then con- the magistrates have no jurisdiction to grant the
veyed all his interest in the premises, license, and certificate. These provisions are not impliedly
goodwill to the mortgagees, who subsequently, on repealed by sect. 1 of the Beer Retailers' and
the 15th May, 1903, let the premises to A for six Spirit Grocers' Retail Licenses (Ireland) Act, 1900.
months. A went back into possession, and resumed | On an application for a writ of certiorari to quash
his trade as a publican. He was summoned, under an order of the Divisional Justices of the Dublin
section 3 of the Licensing Act, 1872, for having, Metropolitan Police District granting such certifi-
on the 26th May, 1903, sold intoxicating liquors cate, on the ground that the notice of the appli-
without being duly licensed:—Held, that A was cation was some days short of twenty-one days,
not liable to be convicted of the offence. Dumigan, it appeared that the practice of the Divisional
Appellant; Walsh, Respondent
K. B. 298 Justices for years past had been to treat a reason-
—Forfeiture—Publican's license―Third con-able notice, though short of twenty-one days, as
viction-Not within the same year-Licensing Acts,
1872, s. 30, 1874, s. 21.] It is not necessary to cause
a forfeiture of a license that three convictions
should be made within the same licensing year.
Reg. (O'Leary) v. Justices of the County of Cork (12
L. R. Ir. 167) approved of. The King (Hore) v.
Justices of Wexford

3.

4.

K. B. 51

-Sale of intoxicating liquor to children-
Sale by assistant without knowledge and contrary to
orders of licensee-Intoxicating Liquor (Sale to
Children) Act, 1901 (1 Edw. 7, c. 27), s. 2.] M.,
a publican, was charged under 1 Edw. 7, c. 27,
with having allowed his barman knowingly to sell
and deliver intoxicating liquor to a girl under four-
teen for consumption off the premises, the same
not being in a corked or sealed vessel. M. had
given orders to his assistants not to supply liquor
to children in contravention of the statute. The
liquor in the present case was sold by M.'s barman,
M. himself not being in the shop at the time,
though his foreman was. The magistrate held as
a fact, on the evidence, that the sale of intoxicating|
liquor to the child was knowingly effected by the
barman, but without the knowledge, actual or con-
structive, or the wiltul connivance, of M. or his
foreman, and he dismissed the summons:-Held,
that M. had not knowingly allowed the intoxicat-
ing liquor to be sold within the meaning of the Act,
and that the summons was properly dismissed.
Conlon, Appeliant; Muldowney, Respondent

[K. B. 498

sufficient, and in some cases to dispense with the
notice altogether:-Held, that this practice was no
ground for refusing the certiorari, although a
matter to be taken into consideration on the ques-
tion of costs. The King (Byrne) v. Divisional
Justices of Dublin
K. B. 190
Alleged bias of Justice-Membership of tem-
perance association Engagement of
solicitor to oppose application

See BIAS.

75

See LOAN FUND SOCIETY. 1. [601,612
LOAN Fund SOCIETY—Receiver— Renewal
notes—Statute-barred debt—Consideration— PoweT
of receiver to compromise-Charitable Loan Societies
(Ireland) Act, 1900 (63 § 64 Viet. c. 25, s. 4.] A
receiver, appointed to wind up a Loan Society con-
stituted under the Loan Societies Acts, compromised
claims on promissory notes due to the Society
by taking a note and an IOU from debtors to
Society. The claims compromised were on foot of
renewal notes which, though validated by sect. 1
of the Loan Fund Act, 1900, were irrecoverable at

LOAN FUND SOCIETY-continued.

the time of giving the compromise note and the
IO U-Held (reversing the decision of the King's
Bench Division), that the compromises were valid,
under section 4 of the Charitable Loan Societies
Act, 1900, and that the receiver could recover
on the note and I O U in the County Court.
O'Reilly v. Connor; Same v. Allen K. B. 601;
[APP. 612

2. -Statute of Limitations-Promissory note—
Petty Sessions (Ireland) Act, 1851 (14 & 15 Vict.
e. 93), sect. 10, sub-sect. 4-6 & 7 Vict. c. 91-
63 & 64 Vict. c. 25.] Proceedings by the treasurer
of a loan society to recover the amount of promis-
sory notes made for the repayment of loans under
the Loan Societies (Ireland) Act, 1843, are subject
to the provisions of sect. 10, sub-sect. 4, of the
Petty Sessions (Ireland) Act, 1851, and must be
brought within six months from the time when the
cause of action arose. Decision of King's Bench
Division in Atthill v. Woods ([1903] 2 I. R. 305)
affirmed.
managh

APP. 18
LOCAL GOVERNMENT-By-Law - Urban
district council Unreasonableness
Public Health Act, 1890

518

MOTOR CAR-Motor Car Act, 1903 (3 Edw. 7,
e. 36), sect. 1-Speed dangerous to public - No
evidence of actual traffic - Justices-Conviction-
The King (O'Reilly) v. Justices of Fer- | Duplicity-Dublin Police Act, 1842 (5 & 6 Viet.
c. 24), sects. 70, 72-Entry of order in police
summons-book-Power to correct technical error when
drawing up conviction-Certiorari.]
The prose-
cutor was summoned, under sect. 1 of the Motor
Car Act, 1903, before a Divisional Justice of the
Metropolitan Police District, for having, at
of Stephen's Green, East, in the said district, driven
a motor bicycle recklessly and at a speed dangerous
to the public on the highway. Evidence was given
by a police constable that the prosecutor had driven
the bicycle along the east side of Stephen's Green
a distance of 264 yards in twenty-four seconds in
No evidence was given

-

See BY-LAW.
Compulsory purchase Jurisdiction
auditor-Amount of compensation 15
See COMPULSORY PURCHASE.
Contributory place--Water supply-Powers
of Local Government Board 270, 283
See CONTRIBUTORY PLACE.

County Council-Member of urban district the middle of the day.
council in county contracting with- as to the actual state of traffic there at the
Whether for a public work
The prosecutor was convicted and fined
£10. The conviction, as formally drawn up,

See COUNTY COUNCIL.

529 time.

Dublin, city of—Arrears of rates-Liability stated, following the language of the section

of occupier

See RATES. 3.

596

of the Act, that the prosecutor was convicted
for that he "at Stephen's Green, East, in
the county of the city of Dublin, did drive a

Roads-Repair of Mandamus to County motor bicycle on the public highway at a speed

Council

See ROAD.

569,

579

LUNATIC ASYLUM-Board representing two
counties-Urban district councillor in one
a contractor for supply of goods

dangerous to the public, having regard to all the
circumstances of the case, including the nature,
condition, and use of the highway, and to the
amount of traffic which actually was at the time,
or which might reasonably be expected to be, on
the said highway :-Held, upon an application by
MANDAMUS-Collector of Inland Revenue prosecutor, on notice, for a conditional order for a

See COUNTY COUNCIL.

Excise license

See LICENSING ACTS. 1.

529

494

certiorari, that the conviction was good in form,
and that it was not necessary that it should appear
on its face whether the circumstances taken into
consideration by the magistrates were the amount
of the traffic which was actually at the time on the
highway, or the amount which might reasonably
be expected to be there. Held, also (assuming it to
be open to the prosecutor, having regard to the form
of conditional order asked for, to go into the suffi-