for sale, exhibition, or distribution, any painting, drawing, or photograph, or negative of a photograph, having thereon the name, initials, or monogram of a person who did not execute or make such work. 3. No person shall fraudulently utter, dispose of, or put off, or cause to be uttered or disposed of, any copy or colourable imitation of any painting, drawing, or photograph, or negative of a photograph, whether there shall be subsisting copyright therein or not, as having been made or executed by the author or maker of the original work from which such copy or imitation shall have been taken. 4. Where the author or maker of any painting, drawing, or photograph, or negative of a photograph, made either before or after the passing of this act, shall have sold or otherwise parted with the possession of such work, if any alteration shall afterwards be made therein by any other person, by addition or otherwise, no person shall be at liberty, during the life of the author or maker of such work, without his consent, to make or knowingly to sell or publish, or offer for sale, such work or any copies of such work so altered as aforesaid, or of any part thereof, as or for the unaltered work of such author or maker. Every offender under this section shall, upon conviction, forfeit to the person aggrieved a sum not exceeding £10, or not exceeding double the full price, if any, at which all such copies, engravings, imitations, or altered works shall have been sold or offered for sale; and all such copies, engravings, imitations, or altered works shall be forfeited to the person, or the assigns or legal representatives of the person whose name, initials, or monogram shall be so fraudulently signed or affixed thereto, or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid: provided always, that the penalties imposed by this section shall not be incurred unless the person whose name, initials, or monogram shall be so fraudulently signed or affixed, or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid, shall have been living at or within twenty years next before the time when the offence may have been committed.

8. [Recovery of pecuniary penalties.] All pecuniary penalties which shall be incurred, and all such unlawful copies, imitations, and all other effects and things as shall have been forfeited by offenders, pursuant to this act, and pursuant to any act for the protection of copyright engraving, may be recovered by the person herein-before and in any such act as aforesaid empowered to recover the same respectively, and herein-after called the complainant or the complainer, as follows: in England and Ireland, either by action against the party offending, or by sum

a**

mary proceeding before any two justices having jurisdiction where the party offending resides.

DOGS. By 25 & 26 Vic. c. 59 s. 1, it is enacted that the owner of every dog shall be liable in damages for injury done to any sheep by his dog; and it shall not be necessary for the party seeking such damages to show a previous mischievous propensity in such animal, or the owner's knowledge of such previous mischievous propensity, or that the injury was attributable to neglect on the part of such owner: such damages shall be recoverable by the owner of the sheep killed or injured in any court of competent jurisdiction; where the amount of the damages claimed shall not exceed £5, the same shall be recoverable in a summary way before any justice or justices sitting in petty sessions under the provisions of "The Petty Sessions (Ireland) Act, 1851," or of any act amending the same.

2. [Who shall be deemed the owner of the dog.] The occupier of any house or premises where any dog was kept, or permitted to live or remain, at the time of such injury, shall be deemed to be the owner of such dog, and shall be liable as such, unless the said occupier can prove that he was not the owner of such dog at the time the injury complained of was committed, and that such dog was kept, or permitted to live or remain, in the said house or premises without his sanction or knowledge: provided always, that where there are more occupiers than one in any house or premises let in separate apartments, or lodgings, or otherwise, the occupier of that particular part of the premises in which part such dog shall have been kept, or permitted to live or remain, at the time of such injury, shall be deemed to be the owner of such dog.

FACTORIES. By 25 Vic. c. 8, s. 1, it is provided that in any building or premises in which any process previous to packing is carried on, in the occupation of bleaching, dying, or finishing of any yarn or cloth of cotton, silk, wool, or flax, or any yarn or cloth of any other material, including the occupation of bleaching by the open-air process, as defined in the 23 & 24 Vic. c. 78, and in one or more of which processes steam or water or other mechanical power is used or employed, it shall not be lawful to employ females, young persons, or children, or any of them during the night, i.e. from 8 o'clock in the evening to 6 o'clock in the morning, excepting to recover lost time, in the manner provided by the "Bleaching and Dying Works Act," 23 & 24 Vic. c. 78; and by s. 2 it is provided that for the enforcement of this act, there shall be applicable all the powers, provisions, and penalties of 7 & 8 Vic. c. 15 (j).

(j) See p. 507, et seq.

FOREIGNERS.

By 25 & 26 Vic. c. 70, effect is given to a convention between England and Denmark for the mutual surrender of criminals, and powers are given to J. P.'s in Ireland in certain cases to issue their warrants for the apprehension of fugitives (k).

GAME() By 25 & 26 Vic. c. 114, being an act for the prevention of poaching, it is by s. 1. enacted, that the word "game" in this act shall for all the purposes of this act be deemed to include any one or more hares, pheasants, partridges, eggs of pheasants and partridges, woodcocks, snipes, rabbits, grouse, black or moor game, and eggs of grouse, black or moor game; and the words "justice" and "justices" in this act shall, unless otherwise provided for, mean respectively a justice and justices of the peace respectively of and for the county, riding, division, liberty, city, borough, or place in which any game, gun, part of gun, net, snare, or engine after mentioned shall be found.

2. [Power to constables to search persons without warrant in certain cases.] It shall be lawful for any constable or peace officer in any county, borough, or place in Great Britain and Ireland, in any highway, street, or public place, to search any person whom he may have good cause to suspect of coming from any land where he shall have been unlawfully in search or pursuit of game, or any person aiding or abetting such person, and having in his possession any game unlawfully obtained, or any gun, part of gun, or nets or engines used for the killing or taking game, and also to stop and search any cart or other conveyance in or upon which such constable or peace officer shall have good cause to suspect that any such game or any such article or thing is being carried by any such person, and should there be found any game or any such article or thing as aforesaid upon such person, cart or other conveyance, to seize and detain such game, article, or thing; and such constable or peace officer shall in such case apply to some J.P. for a summons citing such person to appear before two J.Ps. assembled in petty sessions, as provided in the 18th & 19th Vic. c. 126, s. 9, (m) as far as regards England and Ireland, and before a sheriff or any two J.Ps. in Scotland; and if such person shall have obtained such game by unlawfully going on any land in search or pursuit of game, (n) or shall have used any such article or thing as aforesaid for unlawfully killing

(k) See ante, pp. 21, 22.

(1) See ante, p. 569, et seq. (m) The section above referred to merely directs that the petty sessions shall be an open court, vide ante, p.

614.

(n) of the degree and sufficiency

of the evidence to satisfy the justices that the persons have come unlawfully by the game, they alone are the judges, and their decision on this point cannot be reviewed, see ante, P. 141.

or taking game, or shall have been accessory thereto, such person shall, on being convicted thereof, forfeit and pay any sum not exceeding five pounds, and shall forfeit such game, guns, parts of guns, nets, and engines, and the J.Ps. shall direct the same to be sold or destroyed, and the proceeds of such sale, with the amount of the penalty, to be paid to the treasurer of the county or borough where the conviction takes place ; (0) and no person who, by direction of a J.P. in writing, shall sell any game so seized shall be liable to any penalty for such sale; and if no conviction takes place, the game or any such article or thing as aforesaid, or the value thereof, shall be restored to the person from whom it had been seized.

3. [Recovery of penalties.] Any penalty under this act shall be recovered and enforced in Ireland under the Petty Sessions Ireland Act, 1851, when not otherwise directed in this act.

5. No conviction shall be quashed for want of form, or removed by certiorari.

6. [Power of appeal.] Any person who shall think himself aggrieved by any such summary conviction may appeal to the next court of general or quarter sessions, which shall be holden not less than twelve days after the day of such conviction for the county, riding, division, or borough wherein the cause of complaint shall have arisen, provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall, within three days, enter into a recognizance, or bond of caution in Scotland, with a sufficient surety, before a J.P., conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be awarded by the court; and the court at such sessions shall hear and determine the matter of appeal, and shall make such order therein, with or without costs, to either party, as to the court shall see fit, and shall, if necessary, issue process for enforcing such judgment.

GUNPOWDER. The 25 & 26 Vic. c. 97, amends the 23 & 24 Vic. c. 139, by enacting that the powers of licensing vested in manner aforesaid, in the J.Ps. in petty sessions assembled, may, within the police district of the Dublin metropolis, be exercised by any two or more divisional magistrates of police.

INDUSTRIAL AND PROVIDENT SOCIETIES.

By 25 & 26 Vic. c. 87, being an act to consolidate and amend the laws relating to industrial and provident societies, the constitution of

(0) This provision as to the distribution of the penalty should be fol

lowed, or else the conviction will be bad.

societies under this act is regulated, and certain penalties are inflicted and recoverable before J.Ps. for the non-publication of the name of the society, and for carrying on the business of the society without having a registered office (p).

If

LICENCES. By 25 Vic. c. 22, s. 4, it is provided that before any license shall be granted to any brewer of beer for sale, other than a first license, the brewer or his principal servant shall make, before a J.P. or an officer of excise, a declaration in writing under the 5 & 6 Will. IV. c. 62, setting forth a true account of the number of bushels of malt, and of the number of pounds of sugar used by such brewer within the previous year, ending on the 10th of October preceding the application for such license; and if the declaration shall be false, the person making the same shall be subject to the penalties prescribed by the last mentioned act. any person shall brew any beer for the use of any other person at any place other than the premises of the person for whose use the beer shall be brewed, the person brewing the beer shall be deemed to be a brewer of beer for sale, and shall be liable to take out a license; s. 11. Licenses granted under 23 Vic. c. 27, and 23 & 24 Vic. c. 107 (Refreshment Houses and Wine License Act), may be transferred as other excise licenses, in case of the removal of the licensed person (q); provided, however, that no license shall be transferred by the officers of excise, unless the assignee shall be duly licensed to keep a refreshment house, nor unless he shall produce to such officers a certificate from a J.P. acting for the city, borough, town, or place in which the house and premises are situated, that such J.P. does not object to such transfer being made, and provided that no such license so transferred shall authorise the assignee to carry on the business for a longer period than five weeks from the date of such transfer, unless he shall in the mean time have qualified himself to become the holder of a license of the like kind, s. 15. For the change effected by this act and the regulations as to the sale of spirits in fairs and markets, see tit. MARKETS, FAIRS and RACES; and see also tit. CARDS, for excise regulations as to their sale.

MARKETS, FAIRS, AND RACES. By 25 Vic. c. 22, s. 12, so much of any act as permits the sale of beer, spirits, or wine at fairs or races without an excise license is repealed, and by s. 13 it is enacted that it shall be lawful for the Commissioners of Inland Revenue, with the consent in writing of two J.Ps. usually acting at the petty sessions for the petty sessional division within which the place of sale is situated, to authorise an officer of excise to grant to any person who shall be duly authorised to keep a

(p) See ante, p. 569, tit. Friendly (9) Vide ante, pr. 288, 673. Societies.