SUBJECTS OF CASES. 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 - Action for damages-Excess of statutory powers--Evidence-Loss of business at shop-Right of action 448 109 620 471 447 612 304 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 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. 245 592 266 545 14 LICENCE. 406 247 644 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 -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 251 321 178 622 639 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. 42 296 150 602 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 page 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. 150 633 97 446 636 153 526 69 327 568 89 105 367 582 378 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 146 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.. page 577 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 381 120 102 606 482 659 56 534 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 ..page 82 550 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. 95 SUBJECTS OF CASES. METROPOLIS. 648 267 516 338 231 Buildings-Erection of-Building line Raising of Offensive business Where gut is cleansed, (London) Act 1891 (54 & 55 Vict. c. 76), ss. 19 Paving new streets - -Apportionment and de- mand-Rescission - Subsequent apportionment- Plan approved-Combined system under order of 508 559 342 616 159 345 630 331 page 402 London Building Act 1894 (57 & 58 Vict. Houses Severance- Widening street Compulsory purchase-Severance (See Local Government--Poor Rate-Practice- Public Health-Waterworks.) MILK. (See Food and Drugs.) MUNICIPAL CORPORATION. Borough fund Appeal against refusal of licence- (See Local Government.) MUNICIPAL ELECTION. Election of councillors Disqualification of candi- MUNICIPAL TRADING. Tramway company Running omnibuses-London 8. 2 MUSIC LICENCE. NEGLIGENCE. Local authority Work done under statutory NEW STREET. (See Landlord and Tenant-Local Govern- NUISANCE. (See Public Health--Surface Drain.) OBSTRUCTION. (See Highway.) OFFENSIVE BUSINESS. OFFENSIVE MATTER. (See Bye-Law.) OFF-LICENCE. OVERSEER. (See Local Government.) 223 149 664 278 584 273 154 586 214 Borough vote-Notice of objection-Objector's on lists-Claiming 221 302 36 34 24 21 .page 495 "annual pay"-Police Act 1890 (53 & 54 Vict. POOR LAW. Guardians-Relief-Unauthorised purpose- Work- Settlement --Irremovability-Division of Removal of pauper Breaking residence -Loss of 489 224 457 596 557 553 POOR RATE. 9 12 319 305 dence Distress warrant for rates-Appeal to quarter Museum-Established by Act of Parliament- |