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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.

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

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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

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41), s. 11, sub-s. 2

1

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statutory powers--Evidence-Loss of business

294

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Action for damages-Excess of

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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

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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
Licensing justices made respondents-Dis-
missal of appeal - Costs of licensing justices-
Alehouse Act 1828 (9 Geo. 4, c. 61), s. 29.......
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
Removal of licence-Notices-Certiorari-Persons
aggrieved 9 Geo. 4, c. 61, s. 14-32 & 33 Vict.
c. 27, s. 7-35 & 36 Vict. c. 94, s. 40

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

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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-
fer of part of one union to another union-Adjust-
ment of property and liabilities-Local Govern-
ment Act 1894 (56 & 57 Vict. c. 73), ss. 36, 68... 69
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 author-
ity 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 jus-
tices-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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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.

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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.)

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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
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.),
BS. 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), 88. 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 Apportionment and de-
mand-Rescission Subsequent apportionment-
Validity of Metropolis Management Act 1855
(18 & 19 Vict. c. 120), ss. 57, 105
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 Viet.
c. ccxiii.), ss. 22, 200 (3)

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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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559

342

616

159

345

630

331

page 402

London Building Act 1894 (57 & 58 Vict.
c. ccxiii.), s. 7
Street-Widening-House- Severance-Right of
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),
s. 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.

(Sce Highway.)

OFFENSIVE BUSINESS.
(See Metropolis.)

OFFENSIVE MATTER.

(See Bye-Law.)

OFF-LICENCE.
(See Licensing.)

OVERSEER.

(See Local Government.)

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584

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154

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Borough

PARLIAMENT.

Parlia-

vote-Notice of objection-Objector's
place of abode-Mistake-Amendment
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-s. 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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34

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POOR LAW.

457

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
224
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-agrancy Act 1824 (5 Geo. 4, c. 83), s. 3-
Poor Law Anenament 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
557
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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Assessment-Rateable value-Public-house-Evi-
dence of trade done upon premises-Exceptional
case-6 & 7 Will. 4, c. 96, s. 1..
Assessment-Rateable value-Public-house-Evi-

dence

596

553

139

502

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), ss.
46, 47

688

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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Appeal to Court of Appeal-" Criminal cause or
matter"--District rate-Case stated by justices
summons to enforce payment-Judicature
Act 1873 (36 & 37 Vict. c. 66), s. 47-Summary
Jurisdiction Act 1879 (42 & 43 Vict. c. 49),
ss. 6 35

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490

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