S. 48. Defendant to prove payment of duties.-On the trial of any proceedings for recovery of any penalty imposed by this Act on any person who shall sell, buy, or receive, or shall remove, carry or convey, or assist in removing, carrying, or conveying, or shall hide or conceal, or have in his or her possession, or in whose house or premises shall be found, any spirits illegally made, or the full duties whereon had not been paid, or any spirits whatever requiring a permit, which shall not have been permitted and attended with a proper permit, the defendant in such proceedings shall be convicted unless due proof be made by him that the full duty on such spirits has been duly paid, or that such spirits were bought by or for defendant from a licensed distiller or some person licensed to sell spirits, or that the same were attended with a proper permit.

S. 49. Proceedings to be in form of the schedule; but see 17 & 18 Vic., c. 89, sec. 8.

[The forms of complaint given in schedule to Act should be adopted in all proceedings. The forms of summons, warrant, &c., to be used are those in schedule to 14 & 15 Vic., c. 93.]

S. 50. Either of the offending parties informing against the other shall be acquitted of his own penalty. S. 52. No action to be taken against an officer without a month's notice in the manner required by 7 & 8 Geo. IV., c. 53, s. 114.

[By sections 5 and 8 of the Illicit Distillation Act, 1857 (20 & 21 Vic., c. 40), all officers, Head and other Constables of Constabulary "shall have, use, and exercise all the powers and authorities, and have and possess all the privileges granted to officers of Excise, in relation to any offence committed or to be committed, or suspected to be committed under or contrary to" the 1 & 2 Wm. 4, c. 55; and by sec. 6 all proceedings under 1 & 2 Wm. 4, c. 55, “ shall be conducted, and all the penalties and costs under the same, shall be sued for, levied, and recovered as by P. S. Act, 1851 (14 & 15 Vic., c. 93), is directed and provided;" but by 30 & 31 Vic., c. 90, s. 14, the provisions in s. 22 of P. S. Act, 1851, as to giving time for payment of penalties, are not to apply to peralties awarded by 1 & 2 Wm. 4, c. 55. Stamps are not required in any Revenue proceedings. In cases where the Constabulary prosecute, the summons should expressly state that the complainant sues on behalf of the Crown, namely "The Queen at the prosecution of- -," naming the member of the force who prosecutes. Whenever there is any difficulty in proving the ownership of the land on which illicit articles have been found, reference is to be made to the poor law or county cess valuation, which gives the name of each occupier. Appeals under the 1 & 2 Wm. 4, c. 55, are governed by the 24 & 25 Vie., c. 91, s. 19, and not by the Petty Sessions Act. The appeal must be made to the Quarter Sessions next after the expiration of twenty days from the giving of the judgment. The "notice of appeal

must be served on each of the adjudicating magistrates, and on the defendant or defendants, and must be lodged with the Clerk of the Peace. The person who makes the service must keep an examined copy of the notice, and endorse on the back the date, place, and mode of service. The service may be either personal or by leaving the notice at the place of abode of the respective parties to be served; but the Constabulary, when appellants, should serve the notice "at and immediately upon the giving of the judgment appealed against," and before the defendant leaves the Court, as thereby much unnecessary trouble will be saved. The defendant must be served with the notice at latest within seven days before the appeal is to be heard. In prosecuting cases of appeal at Quarter Sessions, it is necessary that proof of the service of the original summons in such case, as well as proof of the service of the notice of appeal, should be given. In com- } puting the interval of the twenty days (adverted to in 4 & 5 Wm., 4, c. 51, s. 23), the day upon which the judgment of the justices was given, and also the first day of the sessions, must be excluded. In computing the seven clear days before the time fixed for hearing (4 Vic., c. 20), the day of service of the notice and the first day of the Quarter Sessions must be excluded. The 7 & 8 Geo. 4, c. 53, s. 82, requires that deposits shall be made by defendants within three days next after the giving of the judgment appealed against. It has been decided by the Court of Queen's Bench in the case of the Queen (Sharkey) v. Hume Babington (decided on 4 June, 1874, not reported) that in all cases under the 1 & 2 Wm. 4, c. 55, tried at Petty Sessions, one justice has full jurisdiction. (See 24 & 25 Vic., c. 91, s. 18.)] ́

Indecency. Every one commits a misdemeanour who does any grossly indecent act in any open and public place in the presence of more persons than one; but it is uncertain whether such conduct in a public place amounts to a misdemeanour if it is done where no one is present, or in the presence of one person only. A place is public within the meaning of this article if it is so situated that what passes there can be seen by any considerable number of persons if they happen to look (Stephen's Digest of C. L.) Public indecency by exposing the naked person, bathing in an indecent manner near a highway, or in any part of a public river, or undressing on the beach and bathing in the sea, where a man can be seen from the neighbouring houses, is a M. at Common Law. See also 10 & 11 Vic., c. 89, s. 28, and 17 & 18 Vic., c. 103, s. 72.

Indecent Advertisements Act, 1889, see page 459. Industrial Schools Act, 31 Vic., c. 25 (amended by 43 & 44 Vic., c. 15) s. 11.-Any person may bring before two Justices (in petty sessions) or a Dublin Police Magistrate, any child apparently under the age of fourteen years, that comes within any of the following descriptions; namely -that is found begging or receiving alms (whether actually or under the pretext of selling or offering for sale anything);

or being in any street or public place for the purpose of so begging or receiving alms; that is found wandering and not having any home or settled place of abode, or proper guardianship or visible means of subsistence; that is found destitute, either being an orphan or having a surviving parent who is undergoing penal servitude or imprisonment; that frequents the company of reputed thieves; that is lodging, living, or residing with common or reputed prostitutes, or in a house resided in or frequented by prostitutes for the purpose of prostitution; that frequents the company of prostitutes. The Justices may order the child to be sent to a certified Industrial School.-S. 12. Pending inquiry being made respecting a school, the Justices may order the child to be taken to the workhouse for seven days.—S. 13. Where a child apparently under the age of twelve years is charged before two Justices in petty sessions or a Dublin Police Magistrate, with an offence punishable by imprisonment or a less punishment but not convicted of felony, the Justices may order the child to be sent to a certified Industrial School.-S. 26. If a child escapes from or neglects to attend a certified Industrial School he may be apprehended without warrant, and brought before a Magistrate-S. 30. Justices may make an order for payment by parent of a weekly sum not exc. 5s. during the time child is detained in the school. Injured Animals Act, 1894, page 462.

es under the

Infant Life Protection Act, 1872, 35 & 36 Vic., c. 38, 3. 2.-It shall not be lawful for any person to retain or receive for hire or reward in that behalf more than one infant, and in-ea 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 registered as provided by Act.-S. 3. Register of names and houses to be kept by local authority; person who receives or retains any infant in contravention of Act, O.-S. 4. Persons whose names and houses are registered, are required to keep a register of infants, with particulars as in Act, and to produce it when lawfully required-non-compliance, O.-S. 8. Persons registered within twenty-four hours after death of infant shall give notice to Coroner.-S. 10. Offences prosecuted under P. S. Act, 1851.-S. 11. Act not to apply to relatives or guardians of infants retained as aforesaid, nor to institutions established for their care, nor to persons receiving infants to nurse under Poor Law Act.

Inoculation with small-pox matter, 31 & 32 Vic., c. 87, s. 4.-Any person who shall produce or

attempt to produce in any person by inoculation, with variolus matter, or by wilful exposure to variolus matter, or any matter, article, or thing impregnated with variolus matter, or wilfully by any other means whatsoever, produce the disease of small-pox in any person, shall be guilty of an offence, and shall be liable to be proceeded against summarily before two or more Justices in petty sessions assembled, and upon conviction to be imp. not ex. six months.

[The Constabulary are required to enforce this Act: Medical evidence to support a prosecution should be obtained: Parents and friends of child should be summoned to give evidence, or may be proceeded against if privy to the offence: In case of death from small-pox caused by inoculation, efforts should be made to hold an inquest, whereby evidence may be obtained which may lead to conviction for manslaughter, or for an offence under above section.]

Jurors' Summonses.— -The Juries Procedure (Ireland) Act, 1876, s. 6. Section twenty-one of the Juries (Ireland) Act, 1871, shall be and the same is hereby repealed, and in lieu thereof be it enacted, that, save as by the Juries (Ireland) Act, 1871 to 1872, and by this Act expressly provided, the summons of every person to serve on any jury in any court shall be made four clear days at least before the day on which the attendance of such person shall be required by a Constable or Sub-Constable of the Royal Irish Constabu lary, acting in and for the county or borough in which such person shall reside by delivering a summons to the person to be summoned, or in case he shall be absent from his usual place of abode, by leaving such summons with some person therein inhabiting, and every summons requiring the attendance of any person as a juror shall be duly and properly filled with the name of the juror, and shall be signed by the Sheriff or other officer previous to such summons being delivered to such Constable or Sub-Constable for service; and every Constable or Sub-Constable summoning jurors under this Act shall keep a book or books in which he shall truly enter the name of every person so summoned by him, with the day on which such summons shall be served, and the manner and particulars of the service thereof; and every such Constable and Sub-Constable shall attend, and shall (if required) produce such book or books at the sitting of the court, and verify the same upon oath, or shall cause the book or books to be produced to the court in case of his unavoidable absence; and in the case of the death, illness, or unavoidable absence of such Constable or Sub-Constable, the book kept by him as aforesaid, verified on oath as to his handwriting by some credible person, shall (if required) be produced to the court, and shall be prima facie evidence of the truth of

the several matters entered therein as aforesaid, and if any such Constable or Sub-Constable shall, without reasonable excuse, neglect to summon any juror as hereinbefore directed, or to keep such book or books, or to make such entries therein as aforesaid, or to attend the court, or produce or verify, or cause to be produced the said book or books as herein before provided, every Constable or SubConstable so offending, may for every such neglect be fined by the court in a summary way in any amount not exceeding ten pounds for each such offence, with the alternative of imprisonment in default of payment of such fine for any period not exceeding seven days.

S. 7. The officers and men of the Royal Irish Constabulary shall respectively afford assistance to sheriffs and other officers in the execution of this Act, and, subject to such regulations as may be made under this Act, do such acts as may respectively be required of them, and as they may be able to do without interfering with their permanent duty.

[At least ten days before the date of service, District Inspectors should nominate men for the service of jurors' summonses, and notify to the Sheriff that the men for this duty have been selected, furnishing him at the same time with a list of townlands comprised within the district. The Sergeant or constable serving the summonses is obliged by the statute to keep a book in which he is required to enter (1) the name of every person go summoned by him, (2) the date on which the summons was served, and (3) the manner and particulars of service. The server is required to attend the court, and to have with him for production his book.]

Knacker.--By 12 & 13 Vic., c. 92, s. 7, persons keeping places for slaughter of horses or other cattle neglecting or refusing to affix names over doors, are on conviction before one or more Justices, liable to a penalty not exceeding £5 a day, and in default imp. not exc. two months. S. 8. Horses or cattle brought to be slaughtered (not intended for butchers' meat) to have hair of neck cut off, and be killed within three days; meantime to be supplied with wholesome food and water; for neglect same penalty. S. 9. Using or employing horses or cattle so brought to be slaughtered, O. S. 10. Neglecting to enter in a book full and correct description of cattle so brought to be slaughtered, O.

Larceny.—Larceny at common law is the wrongful or fraudulent taking and carrying away of the goods of another with the felonious intention of converting them to the taker's own use, F. There must be a taking of the goods, either actual or constructive, in order to