c. 31. 7 & 8 Geo. 4, also an order for payment of the costs and charges (if any) of the [chief] constable or inhabitants [Forms, Oke's "Formulist,” 6th ed. p. 670, No. 7], and shall direct such order or orders to the treasurer of the county, riding or division in which such hundred or district shall be situate, who shall pay the same to the party or parties therein named, and shall be reimbursed for the same in the manner herein before directed" [in sect. 7, ante]. Proceeding in case of Damage to a Church or Chapel, or to Property belonging to a Corporation.] Sect. 11 enacts, "That every action or summary claim to recover compensation for the damage caused to any church or chapel by any of the offences in this act mentioned, shall be brought in the name of the rector, vicar, or curate of such church or chapel, or in case there be no rector, vicar, or curate, then in the names of the church or chapelwardens, if there be any such, and if not, in the name or names of any one or more of the persons in whom the property of such chapel may be vested;-and the amount recovered in any such case shall be applied in the rebuilding or repairing such church or chapel ;—and where any of the offences in this act mentioned shall be committed on any property belonging to a body corporate, such body may recover compensation against the hundred or other like district, in the same manner and subject to the same conditions as any person damnified is by this act enabled to do;-Provided always, that the several conditions which are herein before required to be performed by or on behalf of any person damnified, may, in the case of a body corporate, be performed by any officer of such body on behalf thereof." Where Damage is committed in a County of a City, &c., or in a Liberty not in any Hundred, or not contributing to the County Rate.] Sect. 12 enacts, "That where any of the offences in this act mentioned shall be committed in a county of a city or town, or in any such liberty, franchise, city, town, or place, the inhabitants thereof shall be liable to yield compensation in the same manner, and under the same conditions and restrictions in all respects, as the inhabitants of the hundred; and every thing in this act in anywise relating to a hundred, or to the inhabitants thereof, shall equally apply to every county of a city or town, and to every such liberty, franchise, city, town, and place, and to the inhabitants thereof;and where the justices of the peace of the county, riding, or division are excluded from holding jurisdiction in any such liberty, franchise, city, town, or place, in every such case all the powers, authorities, and duties by this act given to or imposed on such justices, shall be exercised and performed by the justices of the peace of the liberty, franchise, city, town, or place in which the offence shall be committed; and where the offence shall be committed in a county of a city or town, all the like powers, authorities, and duties shall be exercised and performed by the justices of the peace of such county of a city or town ;-and in every action to be 7 & 8 Geo. 4, brought or summary claim to be preferred under this act against c. 31. the inhabitants of a county of a city or town, or of any such liberty, franchise, city, town, or place, the process for appearance in the action, and the notice required in the case of the claim, shall be served upon some one peace officer of such county, liberty, franchise, city, town, or place; and all matters which by this act the [chief] constable of a hundred is authorized or required to do in either of such cases, shall be done by the peace officer so served, who shall have the same powers, rights, and remedies as such [chief] constable has by virtue of this act, and shall be subject to the same liabilities; and shall, notwithstanding the expiration of his office, continue to act for all the purposes of this act until the termination of all proceedings in and consequent upon such action or claim; but if he shall die before such termination, his successor shall act in his stead." Mode of Reimbursement in Liberties, Cities and Towns not within any Hundred, but contributing to the County Rate.] Sect. 14 enacts, "That the warrant of the sheriff or other officer upon any writ of execution against the inhabitants of any such liberty, franchise, city, town, or place, and every order of justices for payment to the party damnified therein, or to the peace officer or inhabitants thereof, by virtue of this act, shall be directed to the treasurer of the county, riding, or division in which such liberty, franchise, city, town, or place shall be situate, who is hereby required to pay the same; and the justices of the peace of such county, riding, or division, at their next general or quarter sessions of the peace, or any adjournment thereof, shall direct such sum or sums of money as shall have been so paid or ordered to be paid by the treasurer to be raised on such liberty, franchise, city, town, or place, over and above the general rate to be paid by the same in common with the rest of the county, riding, or division, under the acts relating to county rates, and such sum or sums shall be raised in the manner directed by those acts, and shall be forthwith paid over to the treasurer." Mode of Reimbursement in Counties of Cities, and in Liberties, Cities and Towns not contributing to any County Rate.] Sect. 15 enacts, "That all sums of money payable either by virtue of any warrant of the sheriff or other officer, or of any order or orders arising out of any action or summary claim against the inhabitants of any county of a city or town, or of any such liberty, franchise, city, town, or place, shall be paid out of the rate (if any) in the nature of a county rate, or out of any fund applicable to similar purposes, where there is such a rate or fund therein, by the treasurer or other officer having the collection or disbursement of such rate or fund;--and where there is no such rate or fund in such c. 31. 7 & 8 Geo. 4, county, liberty, franchise, city, town, or place, the same shall be paid out of the rate or fund for the relief of the poor of the particular parish, township, district, or precinct therein, where the offence was committed, by the overseers or other officers having the collection or disbursement of such last-mentioned rate or fund;and in every such case the warrant and orders shall be directed and delivered to such treasurer, overseers, or other officers respectively, instead of the treasurer of the county, riding, or division as the case may require." 35 & 36 Vict. c. 38. INFANT LIFE PROTECTION. The 35 & 36 Vict. c. 38 ("The Infant Life Protection Act, 1872"), after reciting that it is expedient to make better provision for the protection of infants entrusted to persons to be nursed or maintained for hire or reward, in that behalf enacts a variety of provisions calculated to carry out the object intended. As to the Local Authority.] By sect. 1, the words “local rate,” "local jurisdiction," and "local authority," are to mean, in reference to the districts mentioned in the first column of the first schedule annexed hereto, the rate, jurisdiction and authority mentioned in the second, third and fourth columns of the said schedule. That schedule describes such local authorities as follows: Counties, except the metropolis and city of London-Justices in petty sessions. The metropolis-The Metropolitan Board of Works. City of London and the liberties thereof-Common Council. Houses of Persons retaining or receiving for Hire two or more Infants for the purpose of Nursing, to be registered.] By sect. 2 it is enacted, that it shall not be lawful for any person to retain or receive, for hire or reward, more than one infant, and in case of twins more than two infants, under the age of one year, for the purpose of nursing or maintaining such infants apart from their parents for a longer period than twenty-four hours, except in a house which has been registered. Register of Names and Houses to be kept by Local Authority.] By sect. 3, the local authority are to cause a register to be kept, in which is to be entered the name of every person applying to register any house for the purposes of the act, and the situation of every such house; and the local authority are, from time to time, to make bye-laws for fixing the number of infants who may be received into each house so registered; and the registration is to remain in force for one year; and every person who receives or retains any infant in contravention of the act is to be guilty of an offence against the act. No fee is to be charged for registration. Local Authority may refuse to register.]-By sect. 4, the local authority may refuse to register any house unless they are satisfied 35 & 36 Vict. that such house is suitable for the purpose for which it is to be regis- c. 38. tered, and unless they are satisfied by the production of certificates that the person applying to be registered is of good character and able to maintain such infants. Persons registered to keep a Register of Infants, and to produce it when lawfully required.] The 5th section enacts, that the person registered is immediately to enter in a register to be kept by him. the name, sex and age of each infant under his care, and the date at which, and the names and addresses of the persons from whom they were received, and is also to enter the time when, and the names and addresses of the persons by whom, every such infant shall be removed immediately after the removal, and is to produce the said register when required to do so by the local authority; and in default he is to be liable to a penalty not exceeding £5. The person registered is to be entitled to receive, gratuitously, from the local authority a book of forms for the registration of infants. Forgery of Certificate and falsifying Register.] If any person makes a false representation with a view to being registered, or forges any certificate for the purpose of the act, or makes use of any forged certificate knowing it to be forged, or falsifies any register kept in pursuance of the act, he is to be guilty of an offence against the act. Sect. 6. Local Authority may strike Name and House off Register for Neglect, &c.] If it shall be proved to the satisfaction of the local authority that any person whose house has been so registered has been guilty of serious neglect, or is incapable of providing the infants entrusted to his care with proper food and attention, or that the house specified in the register has become unfit for the reception of infants, the local authority may strike his name and house off the register. Sect. 7. Exceptions from Provisions of the Act.] The provisions of the act are not to extend to the relatives or guardians of any infant retained or received as aforesaid, nor to institutions established for the protection or care of infants, nor to any person receiving any infant for the purpose of nursing or maintaining such infant under the provisions of any act for the relief of the poor. Sect. 13. Offences, how to be prosecuted.] Any offence under the act may be prosecuted before a court of summary jurisdiction in manner provided by the Summary Jurisdiction Acts. (For Forms, &c., under this statute, see Oke's "Formulist," 6th ed. pp. 798, 799.) INTOXICATING LIQUORS. The two recent statutes of the 35 & 36 Vict. c. 94, and the 35 & 36 Vict. 37 & 38 Vict. c. 49 (the Licensing Acts of 1872 and 1874), having c. 94. c. 94. 35 & 36 Vict. effected considerable alterations in the law relating to the granting of licences and certificates for the sale of intoxicating liquors, and imposed additional and more responsible duties upon the licensing justices, it has been thought desirable to treat the subject with greater elaboration than heretofore. There are eleven descriptions of houses or liquors for which licences are now required to be granted by the licensing justices,. and these must be obtained before a licence can be taken out from the excise or commissioners of inland revenue for the sale of the liquors authorized to be dealt in by the keepers or occupiers of such houses. The enactments in this division of the subject refer to all those licences, except where otherwise specially mentioned, and all of those granted must be confirmed by the confirming authority before they are valid. It will be seen that sect. 74 of the 35 & 36 Vict. c. 94, in defining a "licence" includes a certificate, and definitions are also there given of "a new licence," "licensing justices," "licensing district," and clerk of the licensing justices," &c. Further, s. 32 of 37 & 38 Vict. c. 49, defines an "occasional licence" and a "new licence." Application for Licences.] The application to the licensing justices for new licences is, as will be hereafter fully explained, to be made in one mode, under the joint enactments of 35 & 36 Vict. c. 40, sub-s. 1, and 32 & 33 Vict. c. 27, s. 7, as amended by 33 & 34 Vict. c. 29, s. 4; and such licences can be granted only at the general annual licensing meeting, or any adjournment thereof, as was done before the passing of the 32 & 33 Vict. c. 27, in cases of alehouse and other licences. Grant of Licences.] Subject to confirmation as before stated, the grant of licences for alehouses is in the discretion of the justices; but in the case of beerhouses and places for the sale by retail of beer, cider and wine (32 & 33 Vict. c. 27, ss. 8, 19), or liqueurs or spirits (35 & 36 Vict. c. 94, ss. 68, 69), or sweets (35 & 36 Vict. c. 94, s. 74, definition of "licence"), not to be consumed on the premises, a certificate or licence is not to be refused except upon grounds stated in 32 & 33 Vict. c. 27, s. 8.. General Proviso as to certain existing Excise Licences.] By a proviso tacked on to 35 & 36 Vict. c. 94, s. 69, nothing in the act "as to the requirement of a justices' licence shall affect the sale of liqueurs or spirits or sweets under any excise licence granted before the passing of this act [10th August, 1872] during the continuance of such excise licence." It will be convenient to divide this subject into the following sections: I. The Qualifications of licensed Houses and Persons. II. Application for and grant of Alehouse Licences. |