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detained in a retreat shall for all purposes be excluded in the computation of time mentioned in section one of the Poor Removal Act, 1846, as amended by any other Act.

33. NO FORFEITURE FOR NON-FULFILMENT OF CONDITION OF RESIDENCE.-Persons who hold their estates, being other than ecclesiastical benefices, subject to any condition of residence shall not incur any forfeiture through being detained in any retreat.

34. FEES TO BE PRESCRIBED.—The Secretary of State may, subject as herein mentioned, prescribe the fees to be paid in carrying out the provisions of this Act.

Scotland.

35. APPLICATION OF ACT TO SCOTLAND.—In the application of this Act to Scotland the following provisions shall have effect:

(1.) The term "sheriff" includes sheriff substitute:

(2.) All penalties for offences under this Act shall be recovered with expenses, in a summary manner before the sheriff at the instance of the procurator fiscal of court:

(3.) An appeal against a conviction or order of a court of summary jurisdiction under this Act shall be to the High Court of Justiciary

in the manner, and under the rules, limitations, and conditions contained in the Heritable Jurisdictions (Scotland) Act, 1746, or as near thereto as circumstances admit; with this variation, that the appellant shall find caution to pay the fine and expenses awarded against him by the conviction or order appealed from, together with any additional expenses awarded by the court dismissing the appeal:

(4.) The jurisdiction and authority conferred on a county court judge under this Act in England may in Scotland be exercised by a sheriff.

S. 35 in part rep. 57 & 58 Vict. c. 56 (S.L.R.).

[S. 36 applies to Ireland exclusively.]

The SCHEDULES referred to in the above Act.
[First Schedule rep. 61 & 62 Vict. c. 60, s. 28.]

The SECOND SCHEDULE.1

FORM No. 1.

APPLICATION FOR LICENSE OF RETREAT.

The Habitual Drunkards Act, 1879.

To the justices of the peace for the county [or borough] of

[or as the case may be].

Sects. 4, 6, 10.

I, the undersigned, hereby apply for a license for the house described below, as a retreat for the reception of male [or female, or

male and

female] persons being habitual drunkards within the meaning of the above-mentioned Act, to be detained and treated as patients therein.

And I, the undersigned, undertake to reside in the house and give my personal attention to the management, care, and treatment of the patients.

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[House to be described with the following (among other) particulars; and a plan on

a scale of not less than one-eighth of an inch to a foot to accompany the description and be referred to therein :

a. Dimensions of every room.

b. Arrangements for separation of sexes.

c. Quantity of land available for exercise and recreation of patients.

d. Extent of applicant's interest in the house.]

RULES.

1. An application may include two or more houses belonging to the same person or persons, provided no one of the houses is separated from another or others of them otherwise than by land in the same occupation and by a road, or in either of those modes. 2. The application is to be made not less than ten days before the sessions or meeting at which it is to be considered.

3. The clerk of the local authority is to give notice of the application having been made, by advertisement published in a newspaper circulating in the district of the local authority six days at least before the same sessions or meeting.

1 See note 2 to s. 6.

FORM NO. II.

LICENSE.

The Habitual Drunkards Act, 1879.

County [or borough] of

This is to certify that in pursuance of the abovementioned Act the justices of the peace acting in and for the county [or borough] of

[or as the case may be], in general or quarter (or special) sessions assembled, upon the application of A.B., a copy of which application is indorsed on this license, have licensed and do hereby license the said A.B. to use the house described in that application for the reception of persons being habitual drunkards, as follows; namely, male [or female, or female] patients for from this date.

male and

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1. A fee of ten shillings is to be paid for the license.

2. The clerk of the local authority, within ten days after a license has been granted, is to give notice of the granting thereof by advertisement published in a newspaper circulating in the district of the local authority and is to send a copy of the license to the Secretary of State.

Το

FORM NO. III.

REQUEST FOR RECEPTION INTO RETREAT.

The Habitual Drunkards Act, 1879.

I, the undersigned, hereby request you to receive me as a patient in your retreat at in accordance with the above-mentioned Act, and I undertake to remain therein for at least, unless sooner duly discharged, and to conform to the regulations for the time being in force in the retreat.

The above named

signed this application in our presence, and at the time of his [or her] so doing we satisfied ourselves that he [or she] was an habitual drunkard within the meaning of the Habitual Drunkards Act, 1879, and stated to him [or her] the effect of this

Dated this

application, and of his [or her] reception into the retreat, and he [or she] appeared perfectly to understand the same.

day of

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THE CUSTOMS AND INLAND REVENUE ACT, 1879. (Sect. 1.)

AN ACT to grant certain Duties of Customs and Inland Revenue and to amend the Laws relating to Customs and Inland Revenue.

[3d July 1879.]

1. SHORT TITLE.-This Act may be cited as the Customs and Inland Revenue Act, 1879.

PART I.
Customs.

[S. 2 rep. 57 & 58 Vict. c. 56 (S.L.R.).]

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3. DUTY ON COCOA-PASTE OR CHOCOLATE.-On cocoa-paste or chocolate imported into Great Britain or Ireland there shall be charged the following duties; (that is to say,)

£ s. d.

the lb. 002

Cocoa or chocolate ground, prepared, or in any way manu-
factured

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S. 3 in part rep. 57 & 58 Vict. c. 56 (S. L.R.).

[S. 4 rep. 57 & 58 Vict. c. 56 (S.L.R.).]

5. PROHIBITIONS AND RESTRICTIONS.-In addition to the several goods enumerated and described in section forty-two of the Customs Consolidation Act, 1876, as thereby prohibited and restricted, there shall be read and construed therewith the following: AÏl articles bearing or having affixed to them any stamp, name, writing, or other device implying or tending to imply any sanction or guarantee by the Customs or by any other department of the Government.

[Ss. 6-13 are by 8. 14 of this Act substituted for certain corresponding sections of 39 & 40 Vict. c. 36, and will be found printed in their proper places in that Act.

14. SECTIONS OF THIS ACT SET FORTH IN SCHEDULE INCORPORATED IN 39 & 40 VICT. c. 36. Each of the several sections of this Act set forth in column No. 1 of the schedule to this Act shall be deemed and taken to be incorporated in and form part of the Customs Consolidation Act, 1876, in the order and place assigned to each such section in and by column No. 2 of the said schedule, and the said several sections of this Act shall be read and construed with the said Customs Consolidation Act, 1876, and the provisions of the latter Act shall be deemed to relate to and be applicable to said several sections of this Act, in the same manner and to the same extent as if the said several sections of this Act had been originally enacted therein in the order and place so assigned to each such section in and by the said schedule

S. 14 in part rep. 57 & 58 Vict. c. 56 (S.L.R,).

[Ss. 15-17 rep. 57 § 58 Vict. c. 56 (S.L.R.).]

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18. OFFICERS OF CORPORATIONS AND SOCIETIES TO DO ALL ACTS REQUISITE FOR ASSESSMENT OF PERSONS EMPLOYED BY THE CORPORATIONS OR SOCIETIES.-Every officer of any corporation, company, fraternity, fellowship, or society who is answerable under

the provisions of the fortieth section of the Act of the fifth and sixth years of Her Majesty's reign, chapter thirty-five, for doing all such acts, matters, and things as shall be required to be done by virtue of the said Act in order to the assessing the corporation, company, fraternity, fellowship, or society to the duties of income tax, shall also be answerable under the provisions of the fiftieth and fifty-fifth sections of the same Act, for doing all such acts, matters, or things as shall be required to be done by virtue of the said Act in order to the assessing the officers and persons in the employment of the corporation, company, fraternity, fellowship, or society to the duties of income tax.

[Ss. 19-25 rep. 43 & 44 Vict. c. 19, s. 4.]

PART IV.
Excise.

26. POLICE PROCEEDINGS FOR PENALTIES IN RELATION TO DOGS.-Where under the provisions of the twenty-third section of the Customs and Inland Revenue Act, 1878, the proceedings for any penalty therein referred to are taken in England upon information of a police constable, such proceedings shall be in accordance with the provisions of the Summary Jurisdiction Acts, including the Small Penalties Act, 1865, notwithstanding anything contained in the seventh section thereof.

27. AS TO USE OF OIL IN TOBACCO.-The provision contained in the second section of the Tobacco Act, 1842, relieving any manufacturer of tobacco from liability to the penalty imposed by the first section of that Act shall not extend to relieve him from such liability in case he shall make use of any oil in the manufacture of roll tobacco other than essential oil for the purpose of flavouring, and olive oil in the process of spinning and rolling up the tobacco.

The word "oil" in section four of the said Act shall be read as meaning olive oil and essential oil only.

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In lieu of section 63 of the Customs Consolidation Repealed by
Act, 1876.

this Act.

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THE CONVENTION OF ROYAL BURGHS (SCOTLAND) ACT, 1879. (Sect. 1.) AN ACT to empower Parliamentary Burghs in Scotland to become members of the Convention of Royal Burghs. [21st July 1879.]

[Preamble recites Scots Acts, 14 James 3, c. 3; 5 James 6, c. 64; 19 James 6, c. 6.]

1. SHORT TITLE.-This Act may be cited as the Convention of Royal Burghs (Scotland) Act, 1879.

2. POWER TO PARLIAMENTARY BURGHS TO JOIN AND BECOME MEMBERS OF THE CONVENTION.-It shall be lawful for the Convention of the Royal Burghs of Scotland to admit to the Convention any Parliamentary [1or Police] Burgh situated in Scotland, upon such terms as may be agreed on between the Convention and such Burgh; and the Convention on the one hand, and the Town Council [1 or Burgh Commissioners] of such Burgh on the other, are hereby authorised and empowered to make and enter into all such agreements and writings as may be necessary to carry into effect any resolution of the Convention or of such Burgh with respect to such Burgh joining the Convention; and provided such agreement shall be lodged for registration within fourteen days from the last date thereof in the Sheriff Court books of the county within which such Burgh shall be situate, such Burgh shall become a part of the Convention of the Royal Burghs of Scotland, and be represented therein by a Commissioner and Assessor in like manner as the Royal Burghs of Scotland are therein represented, and such agreement shall be terminable by either party on twelve months notice, and have the like force and effect as if the same had formed part of this Act; provided that no Parliamentary [1 or Police] Burgh shall have any vote in any question affecting the land tax, if any powers affecting the said tax are at present vested by law in the Convention.

1 Word in brackets inserted by 58 Vict. c. 6, s. 2. Police burgh is defined by s. 3 of that Act. 3. POWER TO MAKE ANNUAL PAYMENT TO CONVENTION.-The Town Council or other local authority of any Parliamentary [ or Police] Burgh joining the Convention of Royal Burghs may annually provide for and pay any sum of money not exceeding fifteen pounds payable by such Burgh to the Convention out of the Police assessment or other rates leviable under the provisions of any General or Local Act of Parliament, or out of the common good of such Parliamentary [1 or Police] Burgh.

1 Words in brackets inserted by 58 Vict. c. 6, s. 2. Police burgh is defined by s. 3 of that Act. 4. EXISTING RIGHTS RESERVED.-Nothing herein contained shall extend, alter, or impair the rights, privileges, or powers presently possessed by the Convention of the Royal Burghs of Scotland, which shall, notwithstanding the passing of this Act, remain entire.

[Sched. rep. 57 & 58 Vict. c. 56 (S.L.R.).]

CHAPTER XXX.

THE SALE OF FOOD AND DRUGS ACT AMENDMENT ACT, 1879. (Sect. 1.) AN ACT to amend the Sale of Food and Drugs Act, 1875.

[21st July 1879.]

Whereas conflicting decisions have been given in England and in Scotland in regard to the meaning and effect of section six of the Sale of Food and Drugs Act, 1875, in this Act referred to as the principal Act, and it is expedient, in this respect and otherwise, to amend the said Act:

1. SHORT TITLE.-This Act may be cited for all purposes as the Sale of Food and Drugs Act Amendment Act, 1879.

2. IN SALE OF ADULTERATED ARTICLES NO DEFENCE TO ALLEGE PURCHASE FOR ANALYSIS.-In any prosecution under the provisions of the principal Act for selling to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser, it shall be no defence to any such prosecution to allege that the purchaser, having bought only for analysis, was not prejudiced by such sale. Neither shall it be a good defence to prove that the article of food or drug in question, though defective in nature or in substance or in quality, was not defective in all three respects.

3. OFFICER, INSPECTOR, OR CONSTABLE MAY OBTAIN A SAMPLE OF MILK AT THE PLACE OF DELIVERY TO SUBMIT TO ANALYST.-Any medical officer of health, inspector of nuisances, or inspector of weights and measures, or any inspector of a market, or any police constable under the direction and at the cost of the local authority appointing

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