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. 448 109 620 471 447 612 Seaside town-Lease by Crown to local authority --Right of preaching on beach-Declaration of plaintiff's right to forbid-Injunction refused ... 304 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 Licence HAWKER. Exemption Licensed hawker selling articles for which no licence is required-Whether such person is a "licensed hawker "Hawkers Act 1888 (51 & 52 Vict. c. 33), s. 3, sub-8. 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. Obstruction 79 463 161 677 tenura-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), 8. 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 41), s. 11, sub-s. 2 1 statutory powers--Evidence-Loss of business 294 Action for damages-Excess of 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 justicesGrounds 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 liquor— Person" 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 saleLicensing 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), s. 9 Licence 251 321 178 622 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, 19 639 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. 3Licensing 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 Onus of proof-Alehouse Act 1828 (9 Geo. 4, 296 150 693 602 360 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 66 page 633 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 97 446 636 153 526 Alteration of boundaries-Poor law union-Trans- Building in street---London Building Act 1894- 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 ...... 378 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. page 577 Laches and acquiescence Metropolitan Management Act 1855 (18 & 19 Vict. c. 120), ss. 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. New street-Building facing open space---Other purpose than forming new street London Building Act 1894 (57 & 58 Vict. c. ccxiii.), 88. 7, 8. Overseers Assistant overseer- Appointment 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 BoardJurisdiction-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 boroughs Basis 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 Rating Improvement 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 iaid 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 82 550 298 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 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... 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.) 95 SUBJECTS OF CASES. 267 516 338 231 508 METROPOLIS. - Public health - Unsound food Seizure of by - 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- 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 MUSIC LICENCE. NEGLIGENCE. Local authority-Work done under statutory NEW STREET. (See Landlord and Tenant-Local Govern- NUISANCE. (See Public Health Surface Drain.) OBSTRUCTION. (Sce Highway.) OFFENSIVE BUSINESS. OFFENSIVE MATTER. (See Bye-Law.) OFF-LICENCE. OVERSEER. (See Local Government.) 223 119 664 278 584 273 154 586 214 Borough PARLIAMENT. Parlia- vote-Notice of objection-Objector's on lists-Claiming Registration of voters-Claimants list-Mistake in 302 36 34 24 21 POOR LAW. 457 Guardians-Relief-Unauthorised purpose-Work- POOR RATE. Assessment-Rateable value-Public-house-Evi- dence 596 553 139 502 Distress warrant for rates-Appeal to quarter mental valuation list -Alteration in value of 688 Museum-Established by Act of Parliament- Appeal to Court of Appeal-" Criminal cause or 673 490 47 |