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SUBJECTS OF CASES.

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Adulteration" Chewing chum "-Paraffin waxSale of Food and Drugs Act 1875 (38 & 39 Vict. c. 63), ss. 3, 6 Adulteration-Facts within justices' own know. ledge-Application of Analysis -Purchase of six bottles-Division into three lots-No division of contents-Sale of Food and Drugs Act 1875 (38 & 39 Vict. c. 63), s. 14)....

Drug Camphorated oil- -Sale of Quality below standard in British Pharmacopoeia-Compounded drug-Sale of Food and Drugs Act 1875 (38 & 39 Viet. c. 63), ss. 6 (3), 7

Milk-Ten per cent. added water- Milk exceptionally good-Trifling offence Procedure Offence under Sale of Food and Drugs Act 1879-Repeal of procedure section-Power of amendment Interpretation Act 1889 (52 & 53 Vict. c. 63), s. 38 (2)-Sale of Food and Drugs Act 1899 (62 & 63 Vict. c. 51), s. 19

FORESHORE.

Seaside town-Lease by Crown to local authority --Right of preaching on beach-Declaration of plaintiff's right to forbid --Injunction refused

FRANCHISE.

(See Parliament.)

GUARDIANS.

(See Poor Law.)

HABEAS CORPUS.

Complaint of non-compliance with maintenance order-No inquiry as to means to pay-Summary Jurisdiction Act 1879 (42 & 43 Vict. c. 49), ss. 6,

35

HAWKER.

Licence Exemption -- Licensed hawker selling articles for which no licence is requiredWhether such person is a "licensed hawker" Hawkers Act 1888 (51 & 52 Vict. c. 33), s. 3, sub-s. 3-Markets and Fairs Clauses Act 1847 (10 & 11 Vict. c. 14), s. 13

Taking round oil-Previous request by customer to call Sale of oil-Amount to be purchased fixed on each call-Hawkers Act 1888 (51 & 52 Vict. c. 33), ss. 2, 3, 6

HIGHWAY.

Extraordinary traffic and expenses-Person employing contractor for erection of buildings-Carriage of materials over roads by contractorLiability of person employing contractor for expenses-Period of limitation-Form of certifi cate Highways and Locomotives (Amendment) Act 1878 (41 & 42 Vict. c. 77), s. 23-Locomotives Act 1898 (61 & 62 Vict. c. 29), s. 12 Maintenance and repair-Sea wall-EsplanadeWorks necessary for protection of road-Annual payment-Local Government Act 1888 (51 & 52 Vict. c. 41), s. 11, sub-s. 2 Obstruction

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- Action for damages-Excess of statutory powers--Evidence-Loss of business at shop-Right of action

448

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620

471

447

612

304

79

463

161

677

Rate-Exemption-Liability

to repair ratione tenure-Highway Act 1835 (5 6 Will. 4, c. 50), s. 33-Highway Act 1862 (25 & 26 Vict. c. 61), s. 35... .page 623 Rate-Exemption-Liability to repair ratione tenure-Payment of capital sum to highway board-Highway Act 1835 (5 & 6 Will. 4, c. 50), s. 33-Highway Act 1862 (25 & 26 Vict. c. 61), s. 35-Local Government Act 1894 (56 & 57 Vict. c. 73), s. 25 Repairs ratione tenure-Person liable--Owner not in occupation of land-Local Government Act 1894 (56 & 57 Vict. c. 73), s. 25, sub-s. 2 Right of passage-Roadside strip-Waste of manor-Land between fences-PresumptionRebutting evidence

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INTOXICATING LIQUOR. Proprietary club-Company proprietor-Sale to members-Licence-Beerhouse Act 1834 (4 & 5 Will. 4, c. 85), s. 17-Refreshment Houses (Wine) Act 1860 (23 Vict. c. 27), s. 19 Sale in the House of Commons without licence Liability of servant of House-Mens reaLicensing Act 1872 (35 & 36 Vict. c. 94), s. 3Summary Jurisdiction Act 1818 (11 & 12 Vict. c. 43), s. 5

JURISDICTION.

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LICENCE.

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Appeal-Opposition of justices-Justices' decision reversed-Order for justices' costs--Taxation out of sessions-Treasurer not a party to taxationValidity of order Alehouse Act 1828 (9 Geo. 4, c. 61), s. 29 Beerhouse licence-Forfeiture of, by convictionApplication by owner for temporary authority to carry on business-Discretion of justices--Grounds of refusal of application-Wine and Beerhouse Act 1869 (32 & 33 Vict. c. 27), ss. 8, 19 -Licensing Act 1874 (37 & 38 Vict. c. 49), s. 15 333 Closing hours-Railway station-Sale of liquor at

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-Person taking ticket in order to get liquorPerson "arriving at or departing from station by train-Licensing Act 1872 (35 & 36 Vict. c. 94), s. 25-Licensing Act 1874 (37 & 38 Vict. c. 49), s. 10 House "kept open for sale during prohibited hours-Persons remaining in house after closing hour Persons served with drink during prohibited hours-Outer doors of house lockedWhether house is "kept open " for sale-Licensing Act 1874 (37 & 38 Vict. c. 49), s. 9 Jurisdiction of justices-Order sanctioning removal of licence" Off-licence -Licensing Act 1872 (35 & 36 Vict. c. 94), s. 50 Keeping premises open for sale of intoxicating liquor Licensing Act 1874 (37 & 38 Vict. c. 49), 8. 9 Licence

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Privileged beerhouse-No beer sold in house for long period- Application by new tenant to renew licence-Jurisdiction of justices to refuse renewal upon ground that no beer had been sold--Wine and Beerhouse Act 1869 (32 & 33 Vict. 27), ss. 8, 19 Offences--Selling spirits without spirit licence -Second conviction for Right of owners of licensed premises to apply to carry on businessLicensing Act 1872 (35 & 36 Vict. c. 94), s. 3— Licensing Act 1874 (37 & 38 Vict. c. 49), s. 15... 284 Off-licence Renewal Real resident holder and occupier"-Question of fact -Licensee servant and tenant of brewery company- Beerhouse Act 1840 (3 & 4 Vict. c. 61), s. 1... Qualification to hold licence under the Beerhouse Act 1840 (3 & 4 Vict. c. 61), ss. 1, 2-Proceedings of confirming authority- JurisdictionCertiorari Refusal to renew licence --Appeal to quarter sessions Licensing justices made respondents-- Dismissal of appeal Costs of licensing justicesAlehouse Act 1828 (9 Geo. 4, c. 61), s. 29......... 693 Refusal to renew licence-Appeal to quarter sessions

Onus of proof-Alehouse Act 1828 (9 Geo. 4, c. 61), s. 27-Licensing Act 1872 (35 & 36 Vict. c. 94), s. 42

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Renewal of licence Notice of objection-Sufficiency of notice Report of constable-Request to withhold renewal until adjourned meeting-Report acted on as objection- Whether there was objection made"- Licensing Act 1872 (35 & 36 Vict. c. 94), s. 42, sub-s. 2

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Sale of beer--Sale at unlicensed place-Office opened for the receiving of orders--Orders transmitted to licensed place--Appropriation at licensed place-Offence- Excise Act 1860 (23 & 24 Vict. c. 113), s. 37..

Sale of beer-Sale at unlicensed place-TravellerOrder Appropriation Licensing Act 1872 (35 & 36 Vict. c. 94), s. 3.....

(See Hawker-Justices.)

LIMITATION OF ACTION.

Action under Lord Campbell's Act-Action against public body--Period of limitation applicableFatal Accidents Act 1846 (9 & 10 Vict. c. 93), ss. 1, 3- Public Authorities Protection Act 1893 (56 & 57 Vict. c. 61), s. 1 (a) Public authorities Act done in pursuance of Act of Parliament or of public duty or authorityNotice to abate nuisance in drain-Defect in sewer-Action to recover money expended Public Health (London) Act 1891 (54 & 55 Vict. c. 76), s. 4-Public Authorities Protection Act 1893 (56 & 57 Vict. c. 61), s. 1

LOCAL GOVERNMENT.

.......

Action against servant of local authority-Costs of defendant- Taxation as between solicitor and client" Act done in pursuance of public duty or authority "--Right of way-Action of trespass -Local Government Act 1894 (56 & 57 Vict. c. 73), s. 26-Public Authorities Protection Act 1893 (56 & 57 Vict. c. 61), s. 1 Alteration of boundaries--Poor law union-Transfer of part of one union to another union- Adjustment of property and liabilities--Local Government Act 1894 (56 & 57 Vict. c. 73), ss. 36, 68... Alteration of premises by owner-Owner required by local authority to do work which they are liable to do-- Work done as a volunteer-Right of owner to recover cost

Building in street -London Building Act 1894 Application to private gas company. Bye-laws Local authority Power of local authority to waive compliance with bye-laws Carry lights-One hour after sunset -One hour before sunrise-Local Government Act 1888 (51 & 52 Vict. c. 41), s. 85 County council--Troops brought into county to preserve the peace Expenses incurred by justices-Liability of county council to pay.. Highway-Dedication ---Street-Altering footway into carriage-way - Powers of local authority-Public Health Act 1875 (38 & 39 Vict. c. 55), s. 150

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568

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Highway authority-Tramway crossing-Nuisance Sanction of authority- Evidence Injunction.. 667 Local authority-Bye-law-- Validity---Betting in streets Statutory enactment - RepugnancyMetropolitan Streets Act 1867 (30 & 31 Vict. c. 134), s. 23- --Municipal Corporation Act 1882 (45 & 46 Vict. c. 50), s. 23-Local Government Act 1888 (51 & 52 Vict. c. 41), s. 16 Local authority-Powers- Power to require sufficient water-closet to be provided-Resolution requiring adoption of such closet in each caseNotice in accordance therewith-Validity- Public Health Act 1875 (38 & 39 c. 55), s. 36 Metropolitan main drainage Persons outside metropolitan area --Power to allow use of sewer -Public body- Ultra vires agreement-Estoppel

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SUBJECTS OF CASES.

Laches and acquiescence Metropolitan Management Act 1855 (18 & 19 Vict. c. 120), 88. 135, 138, 140, 250-Metropolis Management Amendment Act 1862 (25 & 26 Vict. c. 102), s. 61 -Public Health Act 1875 (38 & 39 Vict. c. 55), ss. 13, 22, 28 Municipal corporation-Urban sanitary authority Elective auditor - Duties-Remuneration--Public Health Act 1875 (38 & 39 Vict. c. 55), s. 246 -Municipal Corporations Act 1882 (45 & 46 Vict. c. 50), ss. 25, 27..

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Access to rate books-Local Government Act 1894 (56 & 57 Vict. c. 73), s. 5 (1) Powers of local authority--Land-Compulsory purchase for particular purpose Part not required for that purpose Application to different purpose-Local Government Board— Jurisdiction-Ultra vires-Public Health Act 1875 (38 & 39 Vict. c. 55), ss. 175, 295 Public health-Continued existence of work in contravention of bye-law-Continuing offenceLiability-Public Health Act 1875 (38 & 39 Vict. c. 55), s. 158

Public Health Acts- Exercise of powers by local authority--Person sustaining damage-" Compensation "Costs of legal proceedings-Extra costs beyond taxed costs--Public Health Act 1875 (38 & 39 Vict. c. 55), s. 308 Public improvements-Corporation-Compulsory powers Purpose of street works-Land not actually required for works-Power to take whole of property-South Shields Corporation Act 1896, s. 41-Lands Clauses Consolidation Act 1845

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Rates County asylums fund-Proportional contributions from county and county boroughsBasis of calculation-Rateable values--Assessable values-Local Act-Effect of subsequent general Act-Local Government Act 1888 (51 & 52 Vict. c 41), s. 33, sub-s. 2-Agricultural Rates Act 1896 (59 & 60 Vict. c. 16), ss. 1, 2, 3, 9-Agricultural Rates Act 1896 Orders, art. 17.. 431 Rates Exemption-"Railway made under the powers of any Act of Parliament for public conveyance "-Liverpool Corporation Act 1893 (56 & 57 Vict. c. clxxxi.), s. 36, sub.-s. 2 RatingImprovement commissioners Limit of rate imposed by local Act Alteration of boundaries by Local Government Board-Extension of jurisdiction of commissioners under local Act-Public Health Act 1875 (38 & 39 Vict. c. 55), s. 207 Sewers-Right to discharge liquids from manufactories-Public Health Act 1875 (38 & 39 Vict. c. 55), ss. 17, 21-Public Health Acts Amendment Act 1890 (53 & 54 Vict. c. 59), s. 17-Rivers Pollution Prevention Act 1876 (39 & 40 Vict. c. 75), ss. 4, 7, 16-West Riding of Yorkshire Rivers Act 1894 (57 & 58 Vict. c. clxvi.), ss, 9, 10 628 Sewer-Vesting in local authority-Sewer made by landowner "for his own profit "-Draining rain water from quarry-Public Health Act 1875 (38 & 39 Vict. c. 55), s. 13, sub.-s. 1 Street-Subsoil-Vesting-Electric wires illegally laid in subsoil-Mandatory injunction--Metropolis Local Management Act 1855 (18 & 19 Vict. c. 120), ss 96, 109..

Towns Improvement Clauses Act 1847 (10 & 11 Vict. c. 34), s. 63-New street-Building on the sides of an old highway..

Transfer of part of one county to another-Adjustment of property and liabilities-Compensation

289

521

63

72

in respect of main roads and bridges-No main roads or bridges in transferred area-Local Government Act 1888 (51 & 52 Vict. c. 41), s 62, sub-s. 1

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Transference of district-Arbitration as to difference-Costs of arbitration Urban authority-Approval of plans-Amendment to resolutions and plans by justices without fresh notices to owners-Jurisdiction of justices— Construction-Private Street Works Act 1892 (55 & 56 Vict. c. 57), ss 6, 7, 8, 11, 12, 13... .... 298 Vestry-Qualification-Residence for twelve months -Temporary absence Intention to return Local Government Act 1894 (56 & 57 Vict. c. 73) 160 Water supply--Supply provided within reasonable distance of dwelling house-Communication of such supply to house-Liability of owner for whole cost-Limit of cost fixed by Local Government Board-Public Health Act 1875 (38 & 39 Vict. c. 55), s. 62-Public Health (Water) Act 1878 (41 & 42 Vict. c 25), ss. 3 8

(See Drainage-Negligence-Rating.)

LONDON BUILDINGS.

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SUBJECTS OF CASES.

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METROPOLIS.
Building "Used in part for purposes of trade and
in part as a dwelling-house"---Public-house—
Licences over whole building-London Building
Act 1894 (57 & 58 Vict. c. ccxiii.), s. 74 (2)
Buildings-Erection beyond general line of build-
ings-Land "lawfully occupied" by building-
London Building Act 1894 (57 & 58 Vict. c.
ccxiii.), s. 22

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Buildings-Erection of-Building line Raising of
buildings "Land lawfully occupied by building
or structure"-London Building Act 1894 (57 &
58 Vict. c. ccxiii.), s. 22...
Dangerous structures-Removal of by London
County Council Erection of hoarding
Breaking up pavement Non-reinstatement of
pavement Injury caused by Liability of
council Metropolis Management Act 1855
(18 & 19 Vict. c. 120), ss. 109, 122 -London
Building Act 1894 (57 & 58 Viet. c. cexiii.),
ss. 106, 107..
Main drainage-London County Council--Duty to
provide sewers and works- Duty to keep sewers
so as not to be a nuisance- Neglect of duty--
Mandamus-Metropolis Management Act 1855
(18 & 19 Vict. c. 120), s. 135
Management-"New street"-Paving expenses
Road taken over and repaired by vestry-
Subsequent erection of houses at the side of the
road-Metropolis Management Act 1855 (18 & 19
Vict. c. 120), ss. 105, 250-Metropolis Manage-
ment Act 1862 (25 & 26 Vict. c. 102), ss. 77, 112 136
New street-Buildings on one side only- -Making-
up-Repairs by highway authority- Reasonable
time-Paving-Apportionment

Offensive business Where gut is cleansed,
scraped, or dealt with Scraped gut sorted-
Business within prohibition Public Health

(London) Act 1891 (54 & 55 Vict. c. 76), ss. 19
(1) (b), 142 (2) (b)—Order of Metropolitan Board
of Works, 19th Nov. 1880...

Paving new streets

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-Apportionment and de-

mand-Rescission - Subsequent apportionment-
Validity of Metropolis Management Act 1855
(18 & 19 Vict. c. 120), ss. 57, 105

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Plan approved-Combined system under order of
vestry Deviation or alteration - Metropolis
Management Act 1855 (18 & 19 Vict. c. 120),
ss. 74, 250
Portico or shelter-Supported entirely from porch
Projection over pavement beyond building
line-London Building Act 1894 (57 & 58 Vict.
c. ccxiii.), ss. 22, 200 (3)
Public health Unsound food Seizure of by
officer of health-Condemnation-Functions of
magistrate-Jurisdiction of magistrate to con-
sider whether article was intended for food of
man-- Public Health (London) Act 1891 (54 &
55 Vict. c. 76), s. 47, sub-ss. 1. 2..
Public health Volunteer drill hall Private
property- Military barracks Exemption --
Metropolis Management Act 1855 (18 & 19 Vict.
c. 120)
Street Carriage traffic or foot traffic-Blocks or
flats forming quadrangle Garden in centre--
Carriage drive in and round Gates at entrance

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of

London Building Act 1894 (57 & 58 Vict.
c. ccxiii.), s. 7
Street Widening -House- Severance-Right
corporation-Michael Angelo Taylor's Act 1817
(57 Geo. 3, c. xxix.), ss. 80, 82, 96
Street-Widening-Land

Houses Severance-
Right of pre-emption-Michael Angelo Taylor's
Act 1817 (57 Geo. 3, c. xxix.). ss. 80, 96
Street improvement-Compulsory purchase-Power
of local authority to take part of a house-
Michael Angelo Taylor's Act (57 Geo. 3, c. xxix.),
ss. 80, 82...
Vestry Sewage-Urban district council-Injunc-
tion

Widening street Compulsory purchase-Severance
-Michael Angelo Taylor's Act 1817 (57 Geo. 3,
c. xxix.), ss. 80, 96 Metropolis Management
Acts 1855 to 1890

(See Local Government--Poor Rate-Practice-

Public Health-Waterworks.)

MILK.

(See Food and Drugs.)

MUNICIPAL CORPORATION.

Borough fund Appeal against refusal of licence-
Payment of costs of chief constable.......

(See Local Government.)

MUNICIPAL ELECTION.

Election of councillors Disqualification of candi-
date at time of nomination-Power of mayor to
reject nomination-Right of candidate to present
petition-Municipal Corporation Act 1882 (45 &
46 Vict. c. 50), ss. 12 (1) (c), 77, 88 (1) .
...

MUNICIPAL TRADING.

Tramway company Running omnibuses-London
County Tramway Act 1896 (59 & 60 Vict. c. li),

8. 2

MUSIC LICENCE.
(See Innkeeper.)

NEGLIGENCE.

Local authority Work done under statutory
powers-Employment of contractor-Negligence
of contractor-Liability of local authority-
Action against local authority and contractor-
Payment into court by contractor with denial of
liability Recovery by plaintiff of not more than
sum paid into court-Judgment against local
authority

NEW STREET.

(See Landlord and Tenant-Local Govern-
ment-Metropolis.)

NUISANCE.

(See Public Health--Surface Drain.)

OBSTRUCTION.

(See Highway.)

OFFENSIVE BUSINESS.
(See Metropolis.)

OFFENSIVE MATTER.

(See Bye-Law.)

OFF-LICENCE.
(See Licensing.)

OVERSEER.

(See Local Government.)

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Borough vote-Notice of objection-Objector's
place of abode-Mistake-Amendment-Parlia-
mentary and Municipal Registration Act 1878
(41 & 42 Vict c. 26), s. 28, sub-s. 2-Registration
Order 1895
Franchise-Borough-Voter

on lists-Claiming
second qualification-Notice of selection before
claim admitted-Validity of notice-Right of
appeal-Parliamentary Registration Act 1843 (6
& 7 Vict. c. 18), s. 42-Parliamentary and
Municipal Registration Act 1878 (41 & 42 Vict.c.
26), s. 28 (14)-Registration Act 1885 (48 Vict.
c. 15), ss. 4 (5), 5 (1)..
Franchise-Notice of objection-Address of person
objected to Form 5 (a), sched. 1, Registration
Order 1895-Registration Act 1885 (48 Vict. c.
15), s. 18-Statute Law Revision Act 1898 (61 &
62 Vict. c. 22)....
Registration of electors -Notice of objection-
Place of abode of objector-Incorrect statement
of-Mistake-Power of revising barrister to
amend-Parliamentary and Municipal Registra-
tion Act 1878 (41 & 42 Vict. c. 26), s. 28,
sub-8. 2
Registration of voters -Claimants list-Mistake in
description of qualifying property-Power of
revising barrister to amend-Parliamentary and
Municipal Registration Act 1878 (41 & 42 Vict.
c. 26), s. 28, sub-ss. 1, 2, 13

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"annual pay"-Police Act 1890 (53 & 54 Vict.
c. 45), s. 1, and sched. 1, parts 1, 3
Throwing stones -Power to lay information-No
authority of urban council-Towns Police Clauses
Act 1847 (10 & 11 Vict. c. 89), s. 28 -Public
Health Act 1875 (38 & 39 Vict. c. 53), ss. 171,
253

POOR LAW.

Guardians-Relief-Unauthorised purpose- Work-
men on strike- -Wilful refusal to work "Sudden
and urgent necessity"--Approval of Local
Government Board Jurisdiction of court-Pro-
cedure Poor Law Amendment Act 1834 (4 & 5
Will. 4, c. 76)--Poor Law Orders of Oct. 1870-
Poor Law Amendment Act 1844 (7 & 8 Vict. c.
101) Poor Law Audit Act 1848 (11 & 12 Vict.
c. 91), s. 4--Vagrancy Act 1824 (5 Geo. 4, c. 83),
s. 3
Pauper

Settlement --Irremovability-Division of
parish County of Wilts (Calne, &c.) Confirma-
tion Order 1890, arts. 15, 16
Relief Unauthorised purpose-Wilful refusal to
work-Workmen on strike - "Sudden and urgent
necessity"--Criminal liability-Remedy for mis-
application of rates-Powers of Local Govern-
ment Board Poor Relief Act 1601 (43 Eliz. c. 2),
s. 1-Vagrancy Act 1824 (5 Geo. 4, c. 83), s. 3-
Poor Law Ainenament Act 1834 (4 & 5 Will. 4,
c. 76), ss. 15, 52, 54-Poor Law Audit Act 1848
(11 & 12 Vict. c. 91), s. 4..

Removal of pauper Breaking residence -Loss of
status of irremovability
Separation of parish from union--Adjustment of
rights and interests-" Property" of union-
"Fixing" amount to be paid by union to parish-
Poor Law Amendment Act 1834 (4 & 5 Will. 4,
c. 76), s. 32-Local Government Act 1888 (51 &
52 Vict. c. 41), ss. 24 (2) (d), 26 (1)

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POOR RATE.

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dence

Distress warrant for rates-Appeal to quarter
sessions-Right to appeal against warrant-
Poor Relief Act 1743 (17 Geo. 2, c. 38), s. 4...... 115
Metropolis Quinquennial valuation Supple-
mental valuation list -Alteration in value of
particular hereditament -Evidence-Valuation
(Metropolis) Act 1869 (32 & 33 Vict. c. 67), 88.
46, 47

Museum-Established by Act of Parliament-
Public admission-Possibility of beneficial occu-
pation Rateability
Procedure-Appeal to quarter sessions-Notice of
appeal-Service of notice-Condition precedent
to hearing appeal-Jurisdiction of quarter ses-
sions Poor Relief Act 1743 (17 Geo. 2, c. 38),
s. 4-Local Government Act 1894 (56 & 57 Vict.
c. 73), ss. 6, 33

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