Apprentice-Infant - Contract not for the
benefit of the infant-Want of mutuality
-Employers and Workmen Act, 1875
(38 & 39 Vict. c. 90), s. 4.

By an indenture of apprenticeship the respon-
dent agreed to serve the appellant as an
apprentice for five years, “excepting the
usual holidays and days on which the said
branch of the business of the said master
shall be at a standstill through accident
beyond the control of the master."

Held, that such a clause was valid and could
not be held to be not for the benefit of the
infant or void for want of mutuality.

63 J. P. 486. Queen's Bench Division.
May 1, 1899. Green v. Thompson

...

Arbitration. See PUBLIC HEALTH ACT, 8.

Attempt. See CRIMINAL LAW, 13.

...

Bastardy-Wife living apart from her hus
band - Illegitimate child born before
marriage Single

-

woman

-

Bastardy
Laws Amendment Act, 1872 (35 & 36
Vict. c. 65), s. 3.

A married woman cannot, after marriage to
another man, obtain an order of affiliation
against the putative father of her illegiti-
mate child born before the marriage
although she is living separate and apart
from her husband, he having turned her
out of doors and refused to maintain her or
the child on first learning of the child's
existence.

63 J. P. 117.
January 17, 1899.

Bathing Regulations. See PUBLIC HEALTH,3.
Beerhouse. See LICENSING, 6.

Betting-"Place"-User-Betting Act, 1853
(16 & 17 Vict. c. 119), ss. 1, 3, 4.

A bookmaker who localises his business on a
race-ground by setting up upon a certain
spot in it a structure to carry a board
advertising his name and the nature of his
business, and by carrying on his business
standing on a box near such structure, and
there inviting people to bet with him, uses
the place where his business is so localised
contrary to section 1 of the Betting Act,
1853, and it is immaterial that he has no
exclusive right of user of that or any other
portion of the race-ground.

Bicycles. See LOCAL GOVERNMENT, 3.

Borough Funds Act, 1872. See MUNICIPAL
CORPORATIONS ACT, 1882.

Bread-Sale of otherwise than by weight
-3 Geo. 4, c. cvi. s. 4.

An inspector in the employment of the appel-
lants sent a person to the shop of the
respondent. The messenger asked for a
2d. loaf, and was served by the respondent
with a loaf similar in shape and appear-
ance to a cottage loaf usually sold at 2d.
The loaf was not weighed by anyone in his
presence, and nothing was said as to its
weight. It was subsequently weighed by
the inspector and found to weigh some 2 oz.
less than 2 lb.

Held, that this was a selling of bread contrary
to 3 Geo. 4, c. cvi. s. 4.

63 J.P. 775. Queen's Bench Division.
November 3, 1899. London County Council v.
Read

...

Breakwater. See POOR RATE, 1.

Bridge. See HIGHWAYS, 1, 2.

...

16. White v. Feast, 36 J. P. 36, followed
Certiorari. See LICENSING, 2.

Civil Debt Procedure. See MERCHANT
SHIPPING, 2; POOR LAW, 1; PUBLIC
HEALTH, 4.

Coal. See WEIGHTS AND MEASURES, 1, 2.
Coin. See CRIMINAL LAW; 10.

Compensation. See PUBLIC HEALTH, 8.

Conspiracy and Protection of Property Act,
1875. See TRADE UNION; MASTER AND
SERVANT, 2.

Constable opposing Licensing Appeals.
See MUNICIPAL CORPORATIONS ACT, 1882.
Conviction, Quashing. See CRIMINAL LAW, 5.
Costermonger. See METROPOLIS, 7.

Criminal Cause or Matter. See PUBLIC
HEALTH ACT, 4.

Criminal Law-1. Prevention of Cruelty to
Children Act, 1894 (57 & 58 Vict. c. 41),
s. 1- Wilfully neglects Failure of
parent to call in medical aid-Death of
child-Manslaughter-Peculiar People.
The intentional failure of a person, who has
the necessary means, to procure medical
aid for a child in his care or charge, who
is, to the knowledge of such person, in a
dangerous state of health, and for whom
medical aid and medicine were such essen-
tial things that reasonably careful persons

Criminal Law-continued.

would have provided them for children in
their care, is evidence of" wilful neglect"
within section 1 of the Prevention of Cruelty
to Children Act, 1894. And if the jury
find that the death of the child was caused
or accelerated by such want of medical
aid, such person is guilty of manslaughter.
It makes no difference that such person
believes that to call in medical aid would
be wrong, as being contrary to the teaching
of the Bible, or as showing want of faith.
63 J. P. 8. Crown Cases Reserved. De-
cember 10, 1898. Reg. v. Senior

...

Criminal Law-2. Criminal Evidence Act,

1898 (61 & 62 Vict. c. 36), s. 1-Stage of
proceedings-Inquiry before grand jury-
Duty of court to inform prisoner of his
right to address jury-Omission to do so
-Denman's Act, 1865 (28 Vict. c. 18), s. 2.
A person charged with an offence has no right
to give evidence on his own behalf before
the grand jury.

The judge ought to inform an undefended
prisoner of his right, on his trial, to
address the jury on his own behalf, but
the omission of the judge to do so does not
invalidate the conviction.

63 J. P. 24. Crown Cases Reserved. De-
cember 10, 1898. Reg. v. Saunders and another

Criminal Law-3. Criminal Evidence Act, 1898

(61 & 62 Vict. c. 36) s. 1 (ƒ) (ii)-Defence
that a witness for the prosecution, and
not the prisoner, committed the offence
-Nature of defence such as to involve
imputations on the character of a witness
for the prosecution.

Where a prisoner makes a statement on oath in
her own defence, to the effect that one of the
witnesses for the prosecution committed the
offence for which she is indicted, the nature
of the defence is such as to involve imputa-
tions on the character of that witness within
the meaning of section 1 of the Criminal
Evidence Act, 1898, even though such state-
ment relates only to facts material to the
actual charge for which the prisoner is
then being tried, and not to any antecedent
facts, and is not made for the purpose of
casting imputations, but only as a necessary
part of the defence.

63 J. P. 36. Central Criminal Court.
January 12, 1899. Reg. v. Marshall ...

Criminal Law-4. Falsification of Accounts
Act, 1875 (38 & 39 Vict. c. 24)-False
entry-Balance in hand.

The defendant, a rate collector, kept for the
overseers a set of books which showed the
state of accounts as between the overseers
and the parish authorities. In one of these
books, called the overseers' receipt and
payment hook, he made the entry "25th of
March, 1898, balance in hand, 1317. 10s. 5d."
That sum was the correct balance for
which the overseers were responsible to the
parish, and ought to have been in the
possession of the defendant, but was not.

He was indicted for the falsification of the
overseers' receipt and payment book by
making the above entry.

Held, that the above entry in that book was not
a "false entry" within the meaning of the
Falsification of Accounts Act.

63 J. P. 103. Crown Cases Reserved..
January 21, 1899. Reg. v. Williams ...

...

Criminal Law-5. Hearsay evidence-Inad-
missibility-Power of court to quash con-
viction of person with reference to whom
no question raised in case-(11 & 12
Vict. c. 78), s. 2.

The defendant was charged with conspiring
with two other persons to obtain goods by
false pretences from various tradesmen.
During the trial a deputy chief-constable
was called and asked, with reference to a
shop opened by one of the persons charged,
who had pleaded guilty, "Did you make
inquiries as to whether any trade had been
done?" The answer was "I did." He
was then asked "Did you, as a result of
such inquiries, find that any trade had been
done," and he answered, "I did not."

Held, that this evidence was inadmissible and
that the conviction must be quashed.

The court has power to quash a conviction
against a prisoner even though no question
as regards that prisoner has been raised in
the case reserved, and the court will exercise
this power where it is quite clear that the
law applicable to the question raised in the
case is equally applicable to such prisoner.
63 J. P. 151.
February 4, 1899.

Crown Cases Reserved.
Reg. v. J. C. Saunders

Criminal Law-7. Section 13 (1) Debtors
Act, 1869-32 & 33 Vict. c. 62-Credit
given to person other than the defendant-
Inducing a person to enter into an
executory contract of sale-Credit, when
given.

Before a person can be convicted of an offence
within section 13 (1) of the Debtors Act,
1869, it must be shown that he obtained
credit to be given to himself. It is not
sufficient to show that he has obtained
credit to be given to someone else.

If a person induces another to enter into an

executory contract of sale for the delivery
of goods at a future day at a specified
price to be paid on delivery of the goods, a
debt is incurred and credit given on the
making of the contract.

63 J. P. 376. Central Criminal Court.
June 1, 1899. Reg. v. Bryant

...

...

Criminal Law-8. Rogue and vagabond-
Fortune telling - Information and con-
viction "Intent to deceive "-Necessity
of setting out such intent-5 Geo. 4,
c. 83, s. 4.

An information was laid and a conviction
obtained against a defendant under 5 Geo. 4,
c. 83, s. 4, for pretending to tell fortunes,
contrary to the statute. The information
and the conviction alleged and averred that
the defendant "did unlawfully pretend or
profess to tell fortunes contrary to the form of
the statute," but the same did not also allege
and aver that the defendant did so "to
deceive and impose on any of her Majesty's
subjects."

Queen's Bench Division.
April 15, 1899. Reg. v. Entwistle and Another,
Manchester JJ.; Ex parte Jones

...

Criminal Law-9. Pawnbrokers Act, 1872
(35 & 36 Vict. c. 93)-Pledge above 107
value-False declaration.

Making a false declaration with reference to
a pledge above the value of 10l. is not an
offence within section 29 of the Pawn-
brokers Act, 1872.

63 J. P. 504. Central Criminal Court.
July 25, 1899. Reg. v. Tregoning

...

Criminal Law-10. Larceny-Restitution
order-Current coin-Jubilee five pound
piece-Larceny Act, 1861 (24 & 25 Vict.
c. 96), s. 100.

The appellant, who was a dealer in jewellery,
new and second-hand clothes, and curios,
changed for five sovereigns a jubilee five
pound piece, which had been stolen from
the respondent. After the conviction of
the thief the magistrates made an order
for the restitution of the five pound piece to
the respondent.

Held, that, drawing the inference from the facts
as stated that the money did not pass as
current coin of the realm but was bought
as a curio, the justices were right in
ordering the restitution.

63 J. P. 517. Queen's Bench Division.
April 18 and May 6, 1899. Moss v. Hancock...

Criminal Law-11. Supreme Court of Gib-
raltar-Morocco Order in Council-Trial
by jury.

S., a British subject, was arrested in London in
connection with certain criminal offences
alleged to have been committed by him
within the territorial waters of the Empire
of Morocco, and was ordered by the
Queen's Bench Division of the High Court
to be tried at Gibraltar. The Supreme
Court of Gibraltar has concurrent original
jurisdiction with the Court of Morocco.
Held, that S. was entitled to trial by jury at
Gibraltar, where a regular course of trial
by jury forms part of its administration,
although if he had been tried at Morocco
he would only be entitled to trial with

assessors.

63 J. P. 691. Privy Council. March 24,
May 3, 1899. Spilsbury v. Reg.

Criminal Law-12. Official Secrets Act, 1889
(52 & 53 Vict. c. 52), ss. 2, 3-Necessary
averment in indictment.

An indictment, under sections 2 and 3 of the
Official Secrets Act, 1889, against defen-
dants for conspiracy to incite, and for
inciting and attempting to procure a person
employed by persons holding a contract
with the Government, involving an obliga-
tion of secrecy, corruptly to communicate
documents and information must contain
an averment that such person incited, &c.,
has by means of his office, &c., either
obtained possession of or control over such
document or has acquired the information.
63 J. P. 712. Central Criminal Court.
October 24, 1899. Reg. v. Stuart & Page
Criminal Law-13. Attempt by woman to
procure abortion-Thing not noxious-
Inciting woman to attempt to procure
abortion-24 & 25 Vict. c. 100, s. 58.
A person who incites a woman to administer to
herself a thing that, to his knowledge, is
not in fact noxious or capable of procuring
abortion, but which he knows she will take
in the belief that it is capable of procuring
abortion, is not guilty of inciting her to
attempt to commit the crime within the
meaning of the statute.

...

But the woman who takes the thing in the

belief that it is capable of procuring abortion
-though in fact it is not capable of so doing
-is guilty of the attempt to commit the
crime.

Semble. If the person who incites the woman

to take the thing believes the thing to be
noxious or capable of procuring abortion,
he is guilty of inciting her to attempt to
commit the crime, although, owing to facts
being otherwise than he believed, the com-
mission of the crime in the manner proposed
was impossible.

63 J. P. 790. Central Criminal Court.
November 22, 1899. Reg. v. Brown & Others
Crown Suits Act, 1865. See REVENUE, 1.
Cruelty to Animals—Ill-treatment of dog-
Intentional cruelty-Cruelty to Animals
Act, 1849 (12 & 13 Vict. c. 90), s. 2.
In order to constitute an offence under section 2
of the Cruelty to Animals Act, 1849, the
question is not whether there was inten-
tional cruelty, but whether there was cruelty
in fact.

63 J. P. 217. Queen's Bench Division.
February 8, 1899. Duncan v. Pope
Cruelty to Children. See CRIMINAL LAW, 1.
Customs. See REVENUE, 1, 2, 3.

Dangerous Structures. See METropolis, 8.
Debtor's Act, 1869. See CRIMINAL LAW, 7.
Denman's Act, 1865. See CRIMINAL LAW, 2.
Distress. See POOR RATE, 2, 4.

District Rate. See PUBLIC HEALTH, 4.
Dog. See CRUELTY TO ANIMALS.

Drain & Drainage. See METROPOLIS, 6, 13;
PUBLIC HEALTH, 12.

Elementary Education-1. Non-attendance
-Refusal of child at voluntary school
-Tender of child-Breach of byelaw-
Reasonable excuse.

If the parent of a child 10 years of age who
attends a voluntary, public, and elementary
school is informed that for reasons ap-
proved of by the Education Department
the child must cease to attend that par-
ticular school and must attend another
school in the district, but such parent
continues to send the child to the same
school where the child is refused admission,
the parent may be convicted of neglecting to
cause his child to attend school.

63 J. P. 454. Queen's Bench Division.
May 1, 1899. Jones v. Rowland

...

Elementary Education-2. Employment of
child by parent for "the purposes of
gain "-Elementary Education Act, 1876
(39 & 40 Vict. c. 79), s. 47.

A father who keeps his daughter of the age of
thirteen years from school in order that she
might do the house-work at home and so
enable his wife to go out and earn money,
the daughter not having obtained a certifi-
cate under section 5 (2) of the Elementary
Education Act, 1876, nor coming within
the exemptions in the said sub-section or
section 9 of the said Act, does not employ
such daughter in any labour for the pur-
poses of gain within the meaning of section 47
of the said Act so as to render himself
liable to the penalty imposed by section 6.
63 J. P. 455. Queen's Bench Division.
May 3, 1899. Mather v. Lawrence