Husband and Wife-1. Summary Jurisdiction
(Married Women) Act, 1895, ss. 4, 5-
"Convicted upon indictment of assault"
-Throwing corrosive fluid-Order for
separation.

Where a husband was convicted at assizes upon
indictment of throwing a corrosive fluid on
his wife with intent to burn, and sentenced
to a term of imprisonment exceeding two
months, an order, on the application of the
wife, was made by the judge presiding at
the trial under sections 4, 5 of the Summary
Jurisdiction (Married Women) Act, 1895
(58 & 59 Vict. c. 39), that she be no longer
bound to cohabit with her husband.

65 J. P. 27. Manchester Assizes. Novem-
ber 10, 1900. Reg. v. Knowles

Husband and Wife-2. Desertion-Summary
Jurisdiction (Married Women) Act, 1895
(58 & 59 Vict. c. 39), s. 4.

Where a husband treated a wife with per-

sistent cruelty, but such cruelty did not
cause the wife to leave him and live apart,
the magistrate allowed the summons to be
amended, charging the husband with deser-
tion. The husband, in answer to the magis-
trate, said that he would not maintain his
wife away from home. The magistrate then
found that the husband had been guilty of
desertion.

Held, reversing the magistrate's decision, that
there was no desertion.

Husband and Wife-3. Maintenance-Income
of wife-Voluntary allowance to wife-
Summary Jurisdiction (Married Women)
Act. 1895 (58 & 59 Vict. c. 39), s. 5.
Where a wife is in receipt of a voluntary
allowance,

Held, that this ought to be taken into considera-

tion by the magistrates in determining what
sum ought to be paid by the husband to the
wife by way of maintenance.

65 J. P. 378. Probate, Divorce and
Admiralty Division. May 18, 1901. Nott v.
Nott

Inclosure Award. See HIGHWAYS, 1.

Indecent Behaviour. See VAGRANCY ACT.

Justice of the Peace-Bias-License to
sell intoxicating liquors - Agreement
between corporation and applicant-
Member of corporation sitting as justice
to confirm new license-Certiorari.
The corporation of a borough purchased a
fully licensed hotel for the purpose of carry-
ing out a street improvement. They then
entered into an agreement with a firm of
brewers whereby the latter agreed that if
they obtained a new license in another part
of the borough they would pay 10,000l. to
the corporation, who undertook, if such
new license was granted, to close the hotel
they had purchased and not to apply for a
renewal of the license. Certain members
of the corporation who had taken an active
part in negotiating the agreement sat as
justices upon the licensing committee, and
at the confirming meeting when the new
license was granted. An application was
made for a certiorari to bring up the order
of the confirming justices for the purpose
of quashing it.

Held, reversing the decision of the Divisional
Court, ante, p. 584, that there was a real
likelihood that the justices, who were mem-
bers of the corporation and who had
negotiated the agreement would have a
bias, and that they were therefore dis-
qualified from sitting as justices upon the
application for the new license.

Justice of the Peace-continued.
Held also, that a writ of certiorari would lie
to bring up the order of the confirming
meeting for the purpose of quashing it.
Reg. v. Stockport JJ., 60 J. P. 552, over-
ruled.

Reg. v. Manchester JJ., [1899] 1 Q. B. 571 ;
63 J. P. 360, approved.

65 J. P. 584. King's Bench Division.
April 22, May 8, 1901. Rex v. Sunderland JJ.
65 J. P. 598. Court of Appeal. June 4, 5,
1901. Rex v. Sunderland JJ.

-

Justices' Clerks-Borough without separate
commission of the peace
Whether
justices can appoint clerk - Justices'
Clerks Act, 1877 (40 & 41 Vict. c. 43),
s. 5-Municipal Corporations Act, 1882
(45 & 46 Vict. c. 50), ss. 155, 159-Local
Government Act, 1888 (51 & 52 Vict.
c. 41), s. 84-Local Government Act,
1894 (56 & 57 Vict. c. 73), s. 22.
The mayor (by virtue of section 159 of the

Municipal Corporations Act, 1882) and the
immediate ex-mayor of a borough not
having a separate commission of the peace
are not entitled to appoint a justices' clerk,
nor can they together with the county
justices, nor can the county justices them-
selves, appoint a clerk to act solely for
matters arising within the borough. The
county justices, including the mayor, can
appoint a second salaried clerk under the
Justices' Clerks Act, 1877, s. 5, if there is
more than one place duly appointed in the
petty sessional division for the sitting of
the court. In such a case the fines and fees
would be paid into the county fund, and the
county council would pay the salary and
incidental expenses. Section 159 of the
Municipal Corporations Act, 1882, has no
application to boroughs without a separate
commission of the peace.

65 J. P. 675. King's Bench Division.
May 18, 1901. Mayor, &c., of Huntingdon
and Others v. Huntingdon County Council

Lamp Post. See METROPOlis, 11.

Larceny Act, 1861. See CRIMINAL LAW,
1, 2, 3, 5, 17, 18.

Licensing Acts-1. Tenant convicted of per-

mitting betting--New tenant--Application
for license under section 14 of the Ale-
house Act, 1828-Supervision by owners.

Licensing Acts-continued.

65 J. P. 73. County of London Quarter
Sessions. January 4, 1901. Bone and Truman,
Hanbury Buxton, and Company, Limited v.
Finsbury JJ.

Licensing Acts-2. Application to renew
restricted license-Restriction evaded by
licensee-Refusal by licensing justices
to renew-Legality of endorsement of
restriction on beer license.

66

An occupier of premises having been granted
an off license" to sell beer, wine, and
spirits, with the condition endorsed on the
license that the beer should be sold in
bottles and casks only, he, nevertheless,
erected a beer engine and sold draught beer.
That fact having been brought to the notice
of the licensing justices they refused to
renew the license on the ground that he had
evaded the conditions upon which the license
was granted. The court of quarter sessions
expressed the opinion that the action of the
licensing justices was legal, and dismissed
the appeal with regard to the beer license,
but allowed the renewal of the wine and
spirit license.

65 J. P. 296. London Quarter Sessions.
April 12, 1901. Tait v. Newington JJ.

Licensing Acts-3. "Beer off license

Application to transfer-Objection by
former tenant-Refusal by justices-
Insufficient means of applicant—Appeal.
A former tenant of "beer off license" pre-
mises having lost money in the business
objected to the transfer of the license to a
new tenant, and the licensing justices re-
fused the application. Appeal to court of
quarter sessions allowed.

65 J. P. 297. London Quarter Sessions.
April 12, 1901. Hills & Others v. Newington JJ.

Licensing Acts-4. Conditions - Legality-
Licensing Act, 1872 (35 & 36 Vict. c. 94),
s. 48 (1).

▲ restaurant was attached to a hall used for
theatrical and other entertainments. The
licensing justices were willing to renew a
license for the restaurant for the sale on
and off the premises of intoxicating liquors
on the following conditions, viz. :-(1) The
buffet was only to be used when entertain-
ments were going on, or as a bonâ fide
restaurant; (2) ladies were not to be served

Licensing Acts-5. Application for new
license- Failure to serve notices-Ad-
journment beyond September-Jurisdic-
tion of justices-Certiorari-Application
by persons interested-Alehouse Act,
1828 (9 Geo. IV. c. 61), s. 3-Wine and
Beerhouse Act, 1869 (32 & 33 Vict. c. 27),
s. 11-Wine and Beerhouse Act, 1870
(33 & 31 Vict. c. 29), s. 11-Licensing Act,
1872 (35 & 36 Vict. c. 94), s. 42.
The applicant for a new license failed to serve
in time the notice on the superintendent of
police. The justices adjourned the meet-
ing to a day in October so as to enable the
notice to be served, and granted the license
on that day. A firm of brewers, the owners
of licensed houses in the neighbourhood,
applied for a writ of certiorari to quash
the grant of the license.

Held, that the justices had no power to order

an adjournment beyond the month of Septem-
ber; and, further, that residents and pro-
prietors of licensed houses in the neighbour-
hood were entitled to apply for a certiorari
as persons having an interest in the matter.
65 J. P. 452. King's Bench Division.
April 20, 1901. Rex v. Groom ...

licensed before the 10th of August, 1872
-Lapse of license for two days in 1886
— Annual value - Licensing Act, 1872
(35 & 36 Vict. c. 94), s. 45.

A beerhouse was licensed before the passing of
the Licensing Act, 1872. In 1886, owing to
change in tenancy, there was a lapse of the
license for two days.

Held, that an objection to the renewal of the

license on the ground that the house was not
of sufficient value under the Licensing Act
1872, could not be sustained.

65 J. P. 583. King's Bench Division.
May 7, 1901. Igoe v. Shann

PAGE

181

207

287

Licensing Acts. See INN; JUSTICE OF THE
PEACE.

Life Assurance-Life annuities-Grant of
annuities to customers becoming widows
-Life Assurance Companies Act, 1870
(33 & 31 Vict. c. 61), ss. 2, 3.

The appellants were tea merchants, who, in
order to advertise and extend their busi-
ness, had since 1897 offered to pay an
annuity to customers who had become
widows, so long as they remained widows,
provided that they had made consecutive
purchases of tea for a certain time before
the death of their husbands.

Held, that the appellants were a company carry.
ing on the business of life assurance within
the Life Assurance Companies Act, 1870,
and as they had not fulfilled the conditions
imposed by that Act on life assurance com-
panies they were liable to a penalty.
65 J. P. 487.

King's Bench Division.
May 1, 1901. Nelson and Company v. Board
of Trade
Light Locomotive. See HIGHWAYS, 5.

...

Local Government-1. County council—
Byelaw-Street betting-Byelaw made
applicable to rural districts-Validity-
Local Government Act, 1888 (51 & 52
Vict. c. 41), s. 16-Municipal Corpora-
tions Act, 1882 (45 & 46 Vict. c. 50), s. 23.
A byelaw made by a county council against
betting in the streets provided that “No
person shall frequent and use any street or
other public place, on behalf either of him-
self or of any other person, for the purpose
of bookmaking, or betting, or wagering, or
agreeing to bet or wager with any person or
paying or receiving or settling bets." Objec
tion having been taken to this byelaw that,
although held by the Court of Appeal in
Thomas v. Sutters, [1900] 1 Ch. 10; 63 J.P.
724, to be valid when made by the London
County Council as applicable to London,
it was not valid when made by a county
council as applicable to rural districts.
Held, that the byelaw was within the power of
the county council to make, and was valid
when made applicable to rural districts as
well as to town districts.

Thomas v. Sutters (supra) followed.

65 J. P. 232. Queen's Bench Division.
November 15, 1900. Hickey v. Hay

PAGE

239

104

Local Government-2. Factory-Ventilation
-Dust-Injury to workers-Evidence-
Factory and Workshop Act, 1878 (41
Vict. c. 16), s. 36.

The respondents were summoned for that they,
being occupiers of a factory where dust
was generated and inhaled by the workers
to an injurious extent, failed to provide,
use, and maintain a fan or other mechanical
means for preventing such inhalation
within a reasonable time after due notice
had been given by the appellants.
Held, that it was unnecessary to prove by
evidence that any worker had sustained
actual injury, but that it was enough to
show that dust was generated to such an
extent that its tendency was necessarily
injurious to the health of the workers in
course of time.

65 J. P. 261. Queen's Bench Division.
January 22, 1901. Hoare v. Ritchie and Son

Local Government-3. Hackney carriage-

Covering up number when taken out on
special order-Contravention of byelaw-
Town Police Clauses Act, 1847 (10 & 11
Vict. c. 89), s. 38.

A byelaw made by a corporation under the
Town Police Clauses Act, 1847, after pro-
viding that all hackney carriages should
have numbers painted on them, further pro-
vided that the plates bearing such numbers
should be at all times “distinctly and plainly
visible and legible, and that the owner should
not wilfully or negligently cause or suffer
any such plate or number to be in any way
or by any means concealed from public
view." The proprietor of a hackney
carriage sent a hackney carriage in obedi-
ence to a special order to convey a passenger
to the station, and while on such journey
the number was concealed.
Held, that a "hackney carriage" within the
meaning of the Town Police Clauses Act,
1847 (10 & 11 Vict. c. 89), s. 38, is a carriage
which is in fact used from time to time for
the purpose of standing or plying for hire
and the words “used in standing or plying
for hire" in that section are not limited to
the period of time during which a carriage
is actually standing or plying for hire in

a street.

65 J. P. 423. King's Bench Division.
April 19, 1901. Hawkins v. Edwards

Local Government-4. Dwelling-houses-
"Inhabited building"-Houses voluntarily
closed for habitation-Closing order-
Housing of the Working Classes Act,
1890 (53 & 54 Vict. c. 70), ss. 29, 32 (2).
Certain dwelling-houses had been voluntarily
closed by the owner for all purposes of
human habitation.

Held, that nevertheless a closing order could be
made in respect of such dwelling-houses
under the Housing of the Working Classes
Act, 1890 (53 & 54 Vict. c. 70), s. 32 (2).
65 J. P. 453. King's Bench Division.
April 23, 1901. Robertson v. King

Local Government-5. New street-Name
-Name put up by local authority-Ob-
jection by owner-Removal of name by
owner-Towns Improvement Clauses
Act, 1847 (10 & 11 Vict. c. 34), s. 64.
The appellant was the owner of a building
estate and submitted plans of the estate to
the local authority, a street thereon being
marked Midhurst-avenue, and he put up
the name on a board at one end of the
street. The local authority, the respon-
dents, decided to change the name to
Collingwood-avenue, and affixed a board
with that name to a house belonging to the
appellant at the end of the street. The
owner objected and caused the name to be
painted over and obliterated.

Held, that the appellant was properly con-
victed under the Towns Improvement
Clauses Act, 1847 (10 & 11 Vict. c. 34).
8. 64.

65 J. P. 600. King's Bench Division.
May 8, 1901. Collins v. Hornsey Urban Dis-
trict Council...

...

...

Local Government Acts. See JUSTICES'

CLERKS.

Lodging House. See POOR RATE, 5; PUB-
LIC HEALTH (LONDON), 2.

London Building Act. See METROPOLIS, 6,
8, 9, 10.

London (City of) Sewers Act, 1848. See
PUBLIC HEALTH, 9.

Lottery.-Sale of chances-"Spot" compe-
tition in newspaper-Lottery Act, 1823
(4 Geo. IV. c. 60), s. 41.

Lottery-continued.

An announcement was made in the Sun, an
evening newspaper, sold at a half-penny,
the property of a limited company, that
for a certain period in certain issues of the
newspaper spots of varying size and shape
would be printed in various parts of the
issues. It was also stated that on a certain
day an announcement would appear in the
paper showing the exact configuration of
certain spots which were to be declared
to be winning spots, and that the person
who had cut out from the various issues of
the paper and sent to the office of the paper
a portion of the newspaper containing the
facsimile of what had been declared to be the
winning spot would receive a prize. It was
also announced that the prizes differed for
different spots. The winning spots were
arbitrarily selected by the proprietors of
the newspaper, and the winning of the prizes
depended wholly upon chance. The appel-
lant, the printer and publisher of the news-
paper, was summoned under the Lottery
Act (4 Geo. IV. c. 60) for unlawfully pub-
lishing a proposal and scheme for the sale
of chances as a lottery, namely, the pro-
posal and scheme called "Spots," and was
convicted under the section as a rogue and
vagabond.

Held, that the appellant was properly con-
victed under the statute.

65 J. P. 742. King's Bench Division.
June 7, 1901. Hall v. Mac William

Lunatic. See POOR LAW, 2.

Machinery. See POOR RATE, 4.

Mandamus. See SUMMARY JURISDICTION
ACTS.

Market-Disturbance- Statutory market-

Statutory remedy-Justice of the peace
-Summary Jurisdiction-Jurisdiction
of High Court to grant injunction.
Where a statute enacts, either by way of new

creation or by way of restatement of an
ancient right, a right of property, the court
has jurisdiction to protect that right; and
the mere fact that the statute provides a
particular remedy for the infringement of
the right, does not, in the absence of express
provision to that effect, exclude the jurisdic-
tion of the court.

Master and Servant-1. Factory and work-
shop-Rules-Breach of good order and
decorum-Singing and dancing during
dinner hour in the factory-Damage or
loss to employer - Specification of
offence-Breach of rules-Fine-Truck
Act, 1896 (59 & 60 Vict. c. 44),
s. 1 (1) (b) (c).

A rule was posted up in the respondent's fac-
tory to the following effect :-" All workers
shall observe good order and decorum
while in the factory, and shall not do any
thing which may interfere with the proper
and orderly conduct of the business thereof
or of any department thereof, and shall in
all respects obey the lawful commands of
the general manager, forewoman or super-
intendent of their respective departments.
A fine of 6d. or less at the discretion of the
manager shall be paid by such worker who
shall be guilty of any infringement of this
rule." An employee in the respondents'
factory was fined 2d. under this rule for
taking part in singing and dancing in the
factory during the dinner hour, the em-
ployees being allowed to remain in the
factory during that time. It was admitted
the rules applied to the dinner hour, and
the justices found as a fact that such con-
duct, by raising dust, was likely to cause
damage or loss to the employer.
Held that the rule sufficiently specified the
offence, and that the fine was legally
imposed.

65 J. P. 629. King's Bench Division.
May 9, 1901. Squire v. Bayer and Company

Master and Servant-2. Factory and work-
shop-Shop-Finished article—“ Adapt-
ing for sale"-Factory and Workshop
Act, 1878 (41 Vict. c. 16), s. 93.
The appellants were wholesale and retail manu-
facturers and sellers of sweetmeats and
confectionery with a factory and various
retail shops. The ground and first floor
of one of the shops was used as a tea shop
and for the sale of sweetmeats and
decorated hampers and boxes filled with