EXPLANATION OF THE COLUMNS. OFFENCE.-The Offence is here described in the words of the Statute with all the legal exceptions and modifications, but in an abridged form; and where two or more Offences are contained in the same section each is disjointed and analysed;—for more convenient reference the Offences are numbered consecutively in each title. STATUTE. Here is stated the Statute creating the Offence, and in the other columns the sections only of such Statutes are stated; and where any stage of the proceedings are regulated or modified by another Statute it is mentioned in the column to which it applies. The asterisk placed before the Statute signifies that a form of conviction is given by it, the Statute being passed subsequently to the 11 & 12 Vict. c. 43 (see ante, p. 95, on the Practice). In the Notes at the foot referred to from this column is shown, among other matters, when the Statute imposes a penally or other punishment different to that given by the 11 & 12 Vict. c. 43, s. 7, (ante, p. 72), on witnesses not attending to give evidence, or refusing to be examined. TIME OF LAYING INFORMATION, &c.-This column shows whether the Information is required to be in writing (see ante, p. 51, where it is recommended always to be so), when to be taken on oath (see ante, p. 51) and the time within which it must be laid after the commission of the Offence, or the time within which the conviction must take place (vide ante, p. 5). The Notes at the foot referred to from this column give the following additional particulars: where the Information is required to be preferred by a particular person (see ante, p. 50), where the apprehension of offenders found in the commission of Offences is authorized without warrant. NUMBER AND WHAT JUSTICES TO CONVICT.-Shows whether the particular Statute requires one or two justices to hear and convict, and whether any are disqualified, or where justices of a particular locality are necessary (vide s. 29, ante, p. 76). PENALTY, &C. AND MODE OF ENFORCING.-This is an abridged view of the penalty or other forfeiture imposed for the Offence, and the mode of enforcing payment. Costs have not been mentioned in this column, as it will be seen, ante, p. 96, that they may be ordered in every case, but they are not enforced in the same manner in all cases; the place of imprisonment, &c. is omitted, as the 11 & 12 Vict. c. 43, ss. 19, 21, 23, ante, pp. 109, 111, 113, authorize it to be in all cases either in the common gaol or house of correction. IF APPEAL, AND TIME, &C.-This shows whether or not the Statute allows of an appeal against the conviction or order. The Notes at the foot referred to from this column contain the time and manner of appealing, &c., if an appeal is given. PENALTY, &C., TO WHOM PAYABLE.-This column shows how, and to whom, and for what purpose, the penalty, damage, &c. is to be paid and applied. PAGE, &C., OF FORMULIST.-The references to numbers and pages here given are to "Oke's Magisterial Formulist," where the form of describing the Offences in the Information, Summons or Warrant, or other proceeding, is to be found, with the particular General Forms provided by Jervis's Act to be used for the Conviction, and enforcing it, with the necessary special Variations, &c. OFFENCES within the 11 & 12 VICT. c. 43. Statute. AIDERS AND ABETTORS. Every person who shall aid, abet, counsel or procure the commission of any offence which is or hereafter shall be punishable on summary conviction [see the section, ante, p. 56]. 11 & 12 Vict. c. 43, s. 5. ALEHOUSES. I. OFFENCES AGAINST THE LICENCE. II. OTHER OFFENCES. I. OFFENCES AGAINST THE LICENCE (Note 1). 1. Fraudulently diluting or adulterating exciseable liquors. 2. Selling the same, knowing them to have been fraudulently diluted or adulterated. 3. Using, in selling thereof, any weights or measures that are not of the legal standard. 4. Wilfully or knowingly permitting drunkenness, or other disorderly conduct, in his house or premises. 5. Knowingly suffering any unlawful games, or any gaming whatsoever, therein (Note 3). 6. Knowingly permitting or suffering persons of notoriously bad character to assemble and meet together therein. 7. Keeping open house (except for the reception of travellers), or 9 Geo. 4, c. 61, s. 21 (Note 2). (1) Observations on knowingly" or "wilfully."] A question has been raised as to whether the act must be brought home to the personal knowledge of the innkeeper, or whether its having been committed with the knowledge, permission or connivance of his wife, servant, or other person employed under him in the management of the house, would be sufficient. On the one hand it is contended, that the statute, being a penal one, must be construed strictly; on the other hand it is urged, that the rule qui facit per alium facit per se, must be held applicable to these offences, to prevent the intention of the legislature being frustrated (see Stone's Manual, 4th edit. pp. 54, 55). (2) Witnesses.] There is a penalty of not exceeding £10 on witnesses neglecting or refusing to attend, or appearing, refusing to be examined (s. 23); see ante, p. 73. (3) Observations on " gaming," &c.] Alehouse and beerhouse keepers may, since the 8 & 9 Vict. c. 109, s. 11, keep a "billiard table or bagatelle board, or instrument used in any game of the like kind," without being licensed, or liable to the penalty for suffering them to be used, for they are no longer unlawful games; but if either of them be played for money or money's worth, that constitutes "gaming" (see per Cresswell, J., in Foot v. Baker, 6 Scott, N. R. 301, cited at 11 J. P. 444), and the publican is aware of that fact, it will then come within the provision "any gaming whatsoever." If either of these games is played for pastime or amusement only, it is perfectly legal (12 J. P. 670, 734). In the [MEM. By sect. 5 of 11 & 12 Virt. 1st Offence. Not exc. £5; but on If recent case of Searle v. Justices of St. Martin's (14 J. P. 276, Middlesex Sessions), it was decided that allowing betting lists of horse races to be exhibited in the alehouse was a gaming within the act 9 Geo. 4, c. 61; playing at cards and dice is not an "unlawful game," not being prohibited by any statute (14 J. P. 537). See Allport v. Nutt, 14 Law J. Rep. (N. S.) C. P. 272. (4) Proof of Conviction.] The certificate of the clerk of the peace of a conviction is legal evidence of the same (s. 33), coupled with evidence of the identity of the offender. (5) Appeal.] To the next general or quarter sessions, unless holden within twelve days after conviction, and then to the next subsequent sessions; provided that appellant give notice in writing to the justices within five days after conviction, and seven days at the least before sessions, and within such five days enter into recognizance with two sufficient sureties before a justice of the county, &c. The notice of appeal must be served on both the justices (R. v. Justices of Cheshire, 9 Law J. 89 m). By s. 28, when a person has given notice of his intention to appeal, and entered into recognizance before a justice, the same justice may summon material witnesses to appear to be bound in recognizance to give evidence on appeal, and on refusal may commit them (vide forms Nos. 27, 28-33, pp. 70, 71, of" Formulist"). OFFENCES within the 11 & 12 VICT. c. 43. Statute. ALEHOUSES-continued. I. OFFENCES AGAINST THE LICENCE-continued. 8. Permitting or suffering any beer, or other exciseable liquor, to be during the usual hours of the afternoon divine service in the 9. Not maintaining good order and rule therein [see Offence 14]. [MEM. These words seem to mean no other offence than those before- 9 Geo. 4, c. 61, s. 21 (Note 2, ante, p. 134). II. OTHER OFFENCES. 10. Every person selling, bartering, exchanging, or for valuable consideration otherwise disposing of, any exciseable liquor by retail, to be drunk or consumed in his house or premises, or 11. Permitting or suffering same, without being duly licensed (Note 6). 12. Permitting or suffering same to be drunk or consumed in his house or premises, not being the house or premises licensed (Note 6). Id. s. 18. Id. 13. Selling, when required, in other than standard measure (except in [MEM. This is also provided for by the 5 & 6 Will. 4, c. 63, s. 6, tit. 66 14. Keeping open house in case of riot or tumult (at or after any hour at which two justices shall have ordered house to be closed). Id. s. 19. Id. s. 20. (6) Exception to Offence: Small or Table Beer.] Not to extend to the heirs, executors, administrators or assigns of any licensed person who shall die, become bankrupt, or take the benefit of any act for the relief of insolvent debtors before the expiration of his licence, so as such sale, barter, exchange, or other disposal of liquor be made in the licensed house, and take place prior to the special sesions then next ensuing, (unless within fourteen days after death, &c.,) and then to the next special session (s. 18). By 42 Geo. 3, c. 38, s. 18, |