ACCESSORY-indictment against principals and accessories for murder: principals found guilty of manslaughter only: conviction of accessories] -Upon the trial of an indictment against several prisoners, charging some with murder and others with having afterwards harboured them, the principals were found guilty of man. slaughter, and the harbourers of having been accessories thereto after the fact:-Held, that the latter could, upon such indictment and verdict, be legally convicted as accessories after the fact to the crime of manslaughter. R. v. Richards (C.C.R.), 200

ACTION-When it lies. See Inclosure Act.

ADULTERATION OF FOOD-excessive dilution of compound article]-By section 6 of the Sale of Food and Drugs Act, 1875 (38 & 39 Vict. c. 63), it is enacted that "no person shall sell to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance and quality of the article demanded by such purchaser, under a penalty." The respondent having asked for a pint of gin, and being told by the appellant that he kept gin at 28. and 18. 4d. per pint, purchased from him a pint at the latter price. On analysis the gin was found to contain 43 per cent. of water, but not to be injurious to health. Gin is a compound article and never sold pure; the higher the price the more nearly of proof strength the purchaser expects it to be, and the variations range as low as 22 per cent. under proof. Upon an information under the above section the appellant was convicted:Held, that it was for the magistrate to decide as a question of fact, whether the purchaser in such a case obtained an article of the nature, substance and quality demanded by him; and dilution of gin being recognised commercially, it Lecime a question of degree whether or no, in the particular case, the dilution was so excessive as to make the article supplied something different from what was asked for. Webb v. Knight, 264

ANIMALS prevention of cruelty to: obligation to feed animals impounded]-The keeper of a common pound is not as such within the words of section 5 of 12 & 13 Vict. c. 92, "a person VOL. 46.-M.C.

APPEAL-in criminal matters]—The effect of s. 47 of the Judicature Act, 1873, explained by section 19 of the Act of 1875, is to prohibit appeals not only from the Court of Criminal Appeal, but also in all criminal matters and proceedings in the High Court. R. v. Steel (App.), 1 The taxation of costs allowed to a successful defendant in a criminal information for libel is a "proceeding in a criminal cause " within the meaning of the above sections, and, therefore, no appeal lies from an order of the Queen's Bench Division as to such taxation. Ibid.

in criminal matters]-The operation of section 47 of the Judicature Act, 1873, in prohibiting appeals in criminal matters, extends to all orders of the High Court in criminal cases, even where the original criminal proceedings were not in the High Court. And where the Queen's Bench Division was applied to for a certiorari to quash a conviction for trespassing in pursuit of game, on the ground that there was a bona fide claim of right, ousting the jurisdiction of the magistrates, and that Court refused the order,-Held, that this was a proceeding in a criminal matter, and that no appeal lay to the Court of Appeal. R. v. Fletcher; ex parte Birnie (App.), 4

· from justices: lodging case: costs]-Where an appellant has neglected to lodge a case stated by justices within the time specified by 20 & 21 Vict. c. 43. s. 2, the Court has power to grant the costs of a rule to shew cause why it should not be struck out from the list. Brown v. Shaw (Law Rep. 1 Exch. Div. 425) not followed. Great Northern and London and North-Western Joint Committee v. Inett, 237

2 P

APPEAL (continued)- at quarter sessions: reference to arbitration: entry of judgment: taxation of costs out of sessions]-Where the matter of an appeal at Quarter Sessions is referred to an arbitrator under 12 & 13 Vict. c. 45. s. 13, and the order of reference gives the arbitrator power over the costs, taxation of the costs may take place after the sessions are over at which the award is entered as the judgment of the Court, if such be the usual practice and no objection has been raised at the time. Southampton Gaslight and Coke Co. v. Guardians of Southampton Union, 238

See Borough Rate.

BASTARDY-affiliation: evidence in corroboration]

On the hearing of an affiliation summons, evidence was given of acts of familiarity on the part of the alleged father towards the mother having occurred several months before the child could have been begotten, and that in consequence he had been forbidden the house by her parents. It was also proved that the woman was a person of weak intellect. No corroborative evidence in direct relation to the actual begetting of the child was given:-Held, that the evidence given was in point of law admissible as corroborating the woman's statement. The effect of it on the question of paternity was for the consideration of the justices, who were entitled to act upon it if they thought it did materially corroborate her.-Cole v. Manning,

175

BOROUGH RATE-rates for sanitary purposes in a borough: exemption conferred by local Act not affected by Public Health Acts: application to Assessment Committee not a condition precedent to right of appeal]-The council of a borough made a borough rate to meet the expenses of a Local Improvement Act, and other sanitary Acts, as well as for the purpose to which the borough fund is applicable under 5 & 6 Will. 4. c. 76; and assessed the same upon defendants' railway situate in that part of the borough which was in the Commissioners' district. Defendants, who claimed exemption from so much of the rate as was applicable to sanitary purposes gave due notice of appeal, but did not seek relief from the assessment committee:-Held, first, that defendants had a right to appeal without going before the assessment committee, as the latter, there being no objection to the valuation list, could not have given any relief. Secondly, that the Local Improvement Act was not repealed ipso facto by the later public Acts, and an exemption granted to defendants in 1848 still continued in force; such exemption must, therefore, be given effect to by the authority, whosoever that might be (whether the Commissioners or the town council), who exercised the power of that Act within the part of the district included in the borough. The London and North Western Rail. Co., 102

R. v.

CASE-by justices. See Justice of the Peace.

CENTRAL CRIMINAL COURT. See Manslaughter.

COMPANY. See Conspiracy. Evidence. Railway Company.

CONSPIRACY-stock exchange: fraudulently ob

taining a quotation of shares in a new company: sufficiency of indictment after verdict]-Defendants, directors and promoters of a company called the Eupion Fuel and Gas Company, Limited, were indicted for conspiring to induce the committee of the Stock Exchange, contrary to the true intent of the rules of the Stock Exchange, to order a quotation of the shares of the said company in their official list; "and thereby to induce and persuade divers liege subjects of our Lady the Queen, who should thereafter buy and sell the shares of the said company, to believe that the said company was duly formed and constituted, and had, in all respects, complied with the rules and regulations of the Stock Exchange "so as to entitle the said company to have their shares quoted on the official list of the Stock Exchange:"-Held, that the indictment was good after verdict; as the Court would take judicial notice of the fact that the shares were intended to be bought and sold on the Stock Exchange, and it was a necessary inference from the indictment and verdict that the intention of the conspirators was to induce the public to act on the belief that the company had been duly constituted, &c., and to deal in the shares of the company; and consequently that the intention of the conspirators was to defraud and cheat the buyers and sellers of shares. R. v. Aspinall (App.), 145

CRUELTY. See Animals.

DESERTION-of children. See Vagrant Act.
DRAINAGE RATE. See Inclosure Act.

ELEMENTARY EDUCATION ACT-neglect to send child to school: form of proceeding where neglect habitual]-The offence created by section 11 of 39 & 40 Vict. c. 79 (the Elementary Education Act, 1876) of habitually neglecting to provide efficient elementary instruction for a child, and upon which the consequences specified in section 12 may follow is distinct from that of neglecting to cause a child to attend school, dealt with by bye-laws made under the

Elementary Education Act, 1870 (33 & 34
Vict. c. 75), and by section 24 of the Ele-
mentary Education Act, 1873 (36 & 37 Vict. c.
86), and therefore section 50 of the Act of
1876 does not give to a school board or local
authority any discretion in cases of habitual
neglect as to instituting proceedings in any
other mode than that prescribed in section 11.
Ex parte The School Board for London; in re
Murphy, 193

Where on the application of a school board for a
summons under a bye-law the magistrate was
satisfied that the facts brought the case within
the terms of section 11 of 39 & 40 Vict. c. 79,
-Held, that he rightly refused to issue a
summons under the bye-law, and that the school
board were bound to apply for one under section
11. Ibid.

EMBEZZLEMENT-of money: proceeds of cheque:
manager]-It was the duty of the prisoner as
head manager of a fire insurance company at the
head office to receive remittances and cheques
sent to the head office from the managers of
district branches. These cheques were usually
drawn on the local bank and made payable to
prisoner's order. On receipt it was also part of
the prisoner's duty to indorse them and hand
them over to the cashier who paid them into the
company's bankers and accounted for them in
the books. Prisoner received two cheques for
the company from district managers of the
amounts respectively of 400l. and 2007. Instead

over-

of handing them over to the cashier, he indorsed
and cashed the cheques through private friends
of his own, and later in the day paid the
amount, viz., 600l., to the cashier to be put
against his salary account which was
drawn to that amount. The cashier did so, and
returned him I. O. U.'s to that amount. After
some interval of time the fraud was dis-
covered. The prisoner was indicted for em-
bezzling the two sums of 400l. and 2007.:-
Held, that the prisoner had been guilty of
embezzlement of the money notwithstanding
that the cash was paid to him by his friends on
his own account. R. v. Gale (C.C.R.), 134
EVIDENCE-refreshing memory: time book: com-
pany limited]-Entries made in a time book
of a colliery by the timekeeper may be referred
to by the pay clerk to refresh his memory, if
the pay clerk has seen the entries at the time
of the timekeeper calling them out at pay
time, in order to prove that the pay clerk paid
certain sums at the pay time. R. v. Langton
(C.C.R.), 136

In order to satisfy the allegation in an indict-
ment laying the property in a company limited,
it is not necessary to prove the incorporation of
the company by the certificate of incorporation,
but it is sufficient to shew that the company
acted and carried on business in fact as such
company. Ibid.

in corroboration. See Bastardy. And see
Perjury.

FALSE PRETENCES-commendation of article]-A
travelling hawker, representing himself to
be a tea dealer of Leicester, induced the wife
of a licensed victualler to purchase some lb.
packages, by representing them to be good tea,
and producing samples of good tea and com-
paring it with some taken from the packages.
The packages contained, in fact, only one
quarter in weight of tea, the rest being sand,
quartz, earth, oxide of iron, unfit to drink
and injurious to health. The mixture was
known in the trade as lie tea, and had been
purchased by the defendant at a much less price
than that for which he sold it. The jury
found that the prisoner knew the real nature of
the packages, and that they contained not tea
but a mixture of articles unfit for drink, and
that he knowingly and falsely pretended that
they contained good tea:-Held, that the con-
viction was right. R. v. Foster (C.C.R.), 128

·representations in letter amounting to false
pretences] A prisoner was convicted upon
an indictment which charged that he obtained
eight tons of potatoes by falsely pretending
that he was a dealer in potatoes, and in a
large way of business, and in a position to
do a good trade in potatoes, and was able to pay
for large quantities of potatoes as and when
the same might be delivered to him. The only
evidence was the following letter by the prisoner
to the prosecutor, and upon which the prose-
cutor acted: "Please send me one truck of
Regents and one truck of Rocks as samples, at
your prices named in your letter. Let them
be good quality, then I am sure a good trade
will be done for both of us. I will remit you
the cash on arrival of goods and invoice. P.S.
-I may say if you use me well I shall be a
good customer. An answer will oblige, saying
when they are put on":-Held, that the words
used in the letter naturally and reasonably con-
veyed the false pretences alleged in the indict-
ment; that it was for the jury to say whether
the letter was capable of bearing the meaning
attached to it, and the jury having found that
it was so, the conviction was right.
Cooper (C.C.R.), 219

FOOD. See Adulteration of Food.

FRAUD-agent: insurance broker:

R. v.

chattel or

valuable security: policy of insurance]-The
prisoner, an insurance broker, was entrusted
with certain policies of insurance on a ship by
the owner of the ship after a loss had occurred,
for the purpose of collection. He received
the moneys due from the insurers in cheques
to his own order, which he indorsed and paid
into his own bankers to his own credit, but he
failed either then, or at any time afterwards, to
pay the amount to the ship owner, and two
months later filed a petition for liquidation.
The jury found that the policies were en-
trusted to the prisoner for a special purpose,

viz., that he should receive, and when received, forthwith pay over the moneys to the ship owner, and that the prisoner had no authority to sell, negotiate, transfer or pledge the policies, and in violation of good faith converted the proceeds to his own use:-Held, that whether or not a policy of insurance could be considered as a chattel or valuable security within the section, the prisoner had not committed an offence against the 24 & 25 Vict. c. 96. s. 75. R. v. Tatlock, 7

COCKBURN, C.J., and KELLY, C.B., doubted whether

a policy of insurance is a chattel or valuable security within the section, but held it to be necessary that at the time of the receipt of the money the prisoner should have intended to have converted it to his own use, and that the statute cannot be applied to a case where, as here, the money is to be retained by the prisoner, and accounted for only after an interval of time by settlement of accounts in the way of business. AMPHLETT, B., and BRAMWELL, B., held that the policies of insurance were valuable securities, but were entrusted to the prisoner not for a special purpose within the second part of the section, but that the case was within the first part of the section, and as there was no writing the conviction must be quashed. Ibid.

GAME-trespass in pursuit of game: permission

of landlord reversal of conviction by the justices]-A landlord, who on letting a farm verbally has reserved the game to himself, has thereby a sufficient authority to give leave to a person to kill game on such farm to prevent any such person from being a trespasser thereon in pursuit of game within the meaning of section 30 of 1 & 2 Will. 4. c. 32. Jones v. Williams, 270

After a conviction by two justices under such section, and before any formal conviction had been drawn up, one of such justices changed his mind, and together with a third justice who had not heard the case, but without the concurrence of the other justice who had convicted, reversed such conviction:-Held, that such reversal was irregular, but that as no conviction had been drawn up there was no good conviction existing, and the whole proceeding was a miscarriage. Ibid.

HIGHWAY-locomotive traction engine: construction of wheels: "shoes or other bearing surface:" width of]-The 24 & 25 Vict. c. 70 (an Act for regulating the use of locomotives on roads), by section 3 provides, that the "wheels of every locomotive shall be cylindrical and smooth soled, or used with shoes or other bearing surface of a width of not less than nine inches: "Held, that the part of the wheels which is in contact with the ground must always have an uninterrupted pressing surface of nine inches from side to side of the wheel; and that therefore, where a locomotive wheel had, upon its tyre which was eighteen inches broad, shoes only four-and-a-half inches wide, but in length ex

tending from edge to edge of the tyre, and placed diagonally at distances of three inches apart so that in some positions of the wheel the bearing surface pressing on the ground would, indeed, be more than nine inches, but would be broken by the interstices between two bars which together made up the requisite superficial area of bearing surface,-the locomotive was not constructed in compliance with the Act. Stringer v. Sykes, 139

Malicious Injury to Property Act: nuisance to highway: removal by surveyor]-By the side of the highway and under the entrance to T.'s premises a drain ran. T. substituted for it a culvert, and by so doing raised the entrance and the part of the highway adjoining it. The surveyor of the highways served T. with a notice to reinstate, alleging that the culvert caused a nuisance to the highway. On T.'s failing to re-instate the highway the surveyor himself removed the culvert, and in doing so broke some of the tiles:-Held, that an information against the surveyor under the 52nd section for malicious injury to property ought to be dismissed. Denny v. Thwaites, 141

extra-parochial place: liability of inhabi tants for non-repair of road] The provision in 25 & 26 Vict. c. 61 (the Highway Act, 1862), s. 32, by which any place declared to be a parish, in pursuance of 20 Vict. c. 19, for poor law and other purposes, shall be deemed to be a parish separately maintaining its own highways, does not render the inhabitants of a place, formerly extra-parochial, liable in respect of the repair of a highway. R. v. The Inhabitants of Central Wingland, 282

INCLOSURE ACT-award: power to levy distress:

action for rate]-By an Act for enclosing certain common lands, commissioners were empowered by their award to order and direct by whom and at whose expense the said drains, &c., should be made and thereafter repaired, maintained, &c. By their award, the commissioners provided that such repairing, &c., should be by a rate, to be made by two surveyors (elected in manner provided for), and should be levied and recovered by such ways and means as parish rates or assessments are by law recovered within the said parish." An action for the amount of a drainage rate, made under the above award, being brought by the surveyors against an occupier of land liable to pay the same, it was held that no action would lie. Danby v. Watson, 179

66

INDICTMENT -charging previous conviction in] -In an indictment for obtaining money by false pretences a previous conviction for felony may be charged, and on a conviction upon both charges the least sentence of penal servitude which can be awarded is for seven years. R. v. Deane (C.C.R.), 155

INNKEEPER-refreshment bar: right to refuse admittance and refreshment: traveller: traveller accompanied by a dog]-An innkeeper is bound by the common law to receive and provide reasonable refreshment and accommodation for travellers or wayfarers, and cannot lawfully refuse such refreshment or accommodation, unless for reasonable and lawful cause or excuse, and for a breach of such duty is indictable, but the keeper of a refreshment bar attached to an hotel, but not being an hotel itself, but a shop for the sale of spirits, is not an innkeper within the above rule of law; nor is a neighbouring householder, a near resident in the same town, walking about the town for amusement or recreation, a traveller within the rule. And if a traveller requires such refreshment, &c., at an inn when accompanied by a large dog, and insists, after being requested by the innkeeper to withdraw him, on the dog staying with him in the inn, the presence of such dog affords a reasonable and lawful excuse to the innkeeper to refuse to receive such traveller, or afford him refreshment or accommodation. R. v. Rymer (C.C.R.), 108

INTOXICATING LIQUORS. See Licensing Act.

JURISDICTION. See Manslaughter.

JUSTICE OF THE PEACE power to state case: determination of "complaint"]-Where application was made to justices under section 305 of the Public Health Act, 1875, for an order authorising the entry, for the purposes of that Act, of a local authority upon the lands of a person who had refused to permit such entry, and the justices after hearing declined to make an order,-Held, that the justices had no power to state a case under 20 & 21 Vict. c. 43. s. 2, their decision not being the determination of a complaint within that section, and the application being one wholly within their jurisdiction to grant. The Diss Urban Sanitary Authority v. Aldrich, 183

LARCENY-bailee: bill of exchange: conversion : valuable security]-A person who receives a bill of exchange for the purpose of getting it discounted and handing the proceeds over to another, and instead of getting it discounted indorses it to a creditor of his own in payment of his account, intending to pass the property in the bill absolutely to the creditor, is a bailee of a valuable security, and guilty

of a fraudulent conversion of the same to his own use within 24 & 25 Vict. c. 96. s. 3. R. v. Oxenham (C.C.R.), 125

LICENSING ACT-permitting drunkenness on licensed premises: publican himself drunk-By section 13 of the Licensing Act, 1872, it is an offence for any licensed person to permit drunkenness or riotous conduct to take place on his premises, or to sell any intoxicating liquor to any drunken person :---Held, that the publican himself could not be convicted of being drunk on his own premises under that section. Warden v. Tye, 111

closing licensed premises: independent trade carried on in licensed premises: premises not kept open for sale of intoxicating liquors] -The appellant, a grocer and draper, being licensed to sell wines and spirits by retail, not to be consumed on the premises, was charged "for that he did keep open certain premises for the sale of intoxicating liquors' after ten o'clock at night. The appellant had but one shop for his general trade, but the wines and spirits were kept in a large case, which after ten o'clock was closed by shutters and locked; upon the case and in the window were hung notices that, in accordance with the new licensing Act, wines and spirits could not be supplied after ten o'clock at night. The shop itself was open after ten o'clock, but there was no proof of any sale or exposure of intoxicating liquors. The justices held the charge proved under section 9 of 37 & 38 Vict. c. 49, and convicted the appellant:-Held, that the conviction was wrong; that before the justices could convict upon this information they must be satisfied that the premises were opened or kept open for the sale of intoxicating liquors. Tassell v. Ovenden, 228

LOCOMOTIVE---on road. See Highway.

MALICIOUS INJURY-to property. See Highway.

MANDAMUS-quashing conviction on a point of law without hearing evidence]-Where, on an appeal against a conviction coming on for hearing at the Sessions, objection was taken to the conviction by reason of the omission of certain words alleged to be material, and the justices, after discussion, quashed such conviction, declining either to amend or hear the evidence, the Court has no power to interfere by mandamus, there having been a decision on the legal merits. R. v. The Justices of Middlesex -Slade's case, 225

county rate: borough: other purposes account]-By the Municipal Corporations Act, 1835 (5 & 6 Will. 4. c. 76), sec. 117, the treasurer of a county is bound to keep an account of the sums of money expended out of the county rate for other purposes than the