c. 94. Sect. 6. necessary to prove that the premises or place or places 35 & 86 Vict. to which such liquor is taken to be drunk belonged to, or were hired, used or occupied by the seller, if proof be given to the satisfaction of the court hearing the case that such liquor was taken to be consumed thereon or therein with intent to evade the conditions of his licence." 66 This section refers to the same class of houses as in the sect. 5, supra, and appears to be an extension of sect. 3 or sect. 5 to the 'taking" of the liquor to the prohibited premises, tent or highway, &c., for the purpose of being drunk there in evasion of the law. The 4 & 5 Will. 4, c. 85, s. 4, and 23 Vict. c. 27, s. 5 (both repealed), formerly applied to this enactment, and 32 & 33 Vict. c. 27, s. 14 (repealed), applied to the last paragraph of the section. As to recording convictions, see post, p. 193. Sect. 7. "Every holder of a licence who sells or allows any person to sell, to be consumed on the premises, any description of spirits to any person apparently under the age of sixteen years, shall be liable to a penalty not exceeding twenty shillings for the first offence, and not exceeding forty shillings for the second and any subsequent offence." The only acts before relating to an offence like this were those in force in the metropolis, viz., 2 & 3 Vict. c. 47, s. 43 (repealed), in the metropolitan police district, and 2 & 3 Vict. c. xciv. s. 27, in the city of London; both of which acts applied, and now only the latter, to all "exciseable liquors," and not spirits merely. See sect. 62, ante, p. 157, and cases in note (a), p. 163. If the child is really, upon proof, above sixteen, the offender should not be convicted. standard Ib. s. 8. Sect. 8. "Every person shall sell all intoxicating Sale to be by liquor which is sold by retail and not in cask or measure. bottle, and is not sold in a quantity less than half pint, in measures marked according to the imperial standards (a). a Every person who acts-or suffers any person under his control or in his employment to act (b)—in contravention of this section shall be liable to a penalty not Penalty. C. 94. 35 & 36 Vict. exceeding for the first offence ten pounds, and not exceeding for any subsequent offence twenty pounds,and shall also be liable to forfeit the illegal measure in which the liquor was sold." Sect. 8. Making internal communication between licensed premises and house of public resort. Ib. s. 9. Forfeiture of licence. Ib. Penalty on illicit storing of liquor. Ib. s. 10. The previous acts upon this offence were 9 Geo. 4, c. 61, s. 19; 1 Will. 4, c. 64, s. 16, and 23 Vict. c. 27, s. 26, all repealed. (a) The acts as to the imperial standards are 18 & 19 Vict. c. 72, and 29 & 30 Vict. c. 82. The act as to the permissive metric system is 27 & 28 Vict. c. 117; and the general Weights and Measures Acts, which contain other penalties, are 5 & 6 Will. 4, c. 63, and 22 & 23 Vict. c. 56 (see Oke's " Synopsis," 11th ed., vol. i., pp. 742-746). (b) The servant who so acts under his master's orders, would be liable as an aider and abettor under the 11 & 12 Vict. c. 43, s. 5, ante, p. 154. Sect. 9. "Every person who makes or uses,-or allows to be made or used,—any internal communication between any licensed premises and any unlicensed premises which are used for public entertainment or resort, or as a refreshment house, shall be liable to a penalty not exceeding ten pounds for every day during which such communication remains open. In addition to any penalty imposed by this section any person convicted of an offence under this section shall, if he be the holder of a licence, forfeit such licence." This section is similar to that in force in the metropolitan police district, 2 & 3 Vict. c. 47, s. 45 (unrepealed), which applies to other exciseable articles than wine, spirits and beer, and to houses, &c. "in which wine is sold by a free vintner." The City Act, 2 & 3 Vict. c. xciv. s. 29, is to the same effect; but under these two acts, although the money penalty is the same, the licence of a licensed person is not forfeited. Further, with regard to 35 & 36 Vict. c. 94, s. 9, see 37 & 38 Vict. c. 49, s. 15, post, p. 192. Sect. 10. "If any licensed person has in his possession on the premises in respect of which his licence is granted, any description of intoxicating liquor which he is not authorized to sell, unless he shall account for the possession of the same to the satisfaction of the c. 94. Sect. 10. court by which he is tried, he shall forfeit such 35 & 36 Vict. liquor and the vessels containing the same, and shall be liable to a penalty not exceeding for the first offence ten pounds, and not exceeding for any subsequent offence twenty pounds." The penalty under 3 & 4 Vict. c. 61, s. 10 (repealed), was 507. and forfeiture of licence. The 4 & 5 Will. 4, c. 85, s. 16, which imposed a cumulative penalty of 201. over and above any excise penalties, is impliedly repealed by the section in the text. See 37 & 38 Vict. c. 49, s. 16, post, p. 178, as to the power of constables to enter houses under a justices' warrant, and as to the excise officer's authority. licensed persons, &c. to be affixed to premises. Ib. s. 11. Sect. 11. "Every licensed person shall cause to be Names of painted or fixed,-and shall keep painted or fixed,-on the premises in respect of which his licence is granted, in a conspicuous place and in such form and manner as the [commissioners of inland revenue, see infra] may from time to time direct, his name, with the addition after the name of the word licensed,' and of words sufficient, in the opinion of the said commissioners, to express the business for which his licence has been granted, and in particular of words expressing whether the licence authorizes the sale of intoxicating liquor to be consumed on or off the premises only, as the case may be; and no person shall have any words or Painting letters on his premises importing that he is authorized not autho as a licensed person to sell any intoxicating liquor Ib. which he is not in fact duly authorized to sell. Every Penalty. person who acts in contravention of the provisions of Ib. this section shall be liable to a penalty not exceeding for the first offence ten pounds, and not exceeding for the second and any subsequent offence twenty pounds." Whereas by section 11 of the principal act it is pro- Substitution vided that every licensed person shall cause to be painted or fixed, and shall keep painted or fixed, on the premises in respect of which his licence is granted, in a conspicuous place and in such form and manner as words when rized. of licensing justices for sioners of commis inland respeets notices. c 49, s. 28. 37 & 38 Vict. the commissioners of inland revenue may from time to time direct, his name, with such additions as in the said act mentioned: And whereas it is expedient to substitute in the said section the licensing justices for the commissioners of inland revenue: Be it therefore enacted, That in the said eleventh section the expression "licensing justices" shall be deemed to be substituted for the expression "commissioners of inland revenue," and the word "justices" for the word "commissioners." Penalty for permitting drunkenness. The commissioners have, in accordance with section 11 of 35 & 36 Vict. c. 94, by a general order dated 31st August, 1872, directed that this "inscription shall be in Roman capital, or other equally distinct form of letters, not less than one inch in height, and placed upon a back ground of such difference of colour as shall make it clearly legible to persons passing along the thoroughfare in which the premises are situated. If a trader takes out a six-days' licence he must also add the words, 'Not to sell on a Sunday."" And also, "that, as required by the act 6 Geo. 4, c. 81, s. 25, every such signboard shall be placed on the outside of the front of the entered premises, over the principal entrance, and not more than three feet from the top of such entrance or door, and shall be preserved and kept in good order.” But in the case of provisional licences, the notice may be put up in any conspicuous place, on the premises (37 & 38 Vict. c. 49, s. 22, ante, p. 98). The previous acts on the subject of this section were 1 Will. 4, c. 64, s. 6, and 4 & 5 Will. 4, c. 85, s. 18, both repealed. With regard to early closing licences, see 37 & 38 Vict. c. 49, 8. 7, ante, p. 89. Where justices refused to hear summons against a person for having a board over his door, stating that he was licensed to retail beer, &c., he not being so licensed, contrary to 35 & 36 Vict. c. 74, s. 11, the court refused a rule against the justices under 11 & 12 Vict. c. 44, s. 5, but granted rule for mandamus. It is only where justices would need protection if they proceeded to do any act relating to the duties of their office, that a rule, calling on them to show cause why such act should not be done, can be granted (Reg. v. Percy, L. R., 9 Q. B. 64; 43 L. J., M. C. 45). Sect. 13. "If any licensed person permits drunkenness (a) or any violent, quarrelsome or riotous conduct 35 & 36 Vict. to take place on his premises,—or sells intoxicating any liquor to any drunken person, he shall be liable to a c. 94, s. 13. c. 94. penalty not exceeding for the first offence ten pounds, 35 & 36 Vict. and not exceeding for the second and any subsequent offence twenty pounds. As to recording convictions, see post, p. 193. The offences in this section were formerly offences described in the licences for alehouses and beerhouses, and in the Refreshment Houses Act, 23 Vict. c. 27, s. 29. Sect. 13. In what cases liable for acts the master (a) This must mean knowingly permits, as knowledge will still have to be proved by evidence directly or indirectly, although that word had been struck out when the bill was before the House of his serof Commons. As to the liability of the licensed person for the vants. acts of his servants, in Harrison v. Leaper (5 Law T., N. S. 640), Cockburn, C. J., said that a man was not liable for his servant's criminal acts, the servant being bound to know the law as well as his master, and that there must be shown a mens rea in the master. See also Reg v. Handley (9 Law T., N. S. 827), decided under the Mines Inspection Act, 5 & 6 Vict. c. 99, ss. 8, 13. In Wilson v. Stewart (32 L. J. (N. S.) M. C. 198; 8 Law T., N. S. 277), it was decided that if the keeper of a place of public resort leaves his premises in the management of a servant, and prostitutes are suffered to meet together and remain in the house, the mere relation of master and servant neither makes nor prevents the latter from being an aider and abettor in the offence; and if the servant in knowingly suffering the prostitutes to meet together and remain is carrying out the master's orders, the master is guilty as principal, and the servant as aiding and abetting (see also Du Caux v. Powley, 28 J. P. 806);-the latter under the 11 & 12 Vict. c. 43, s. 5, ante, p. 154. In Searle v. Reynolds (14 L. T., N. S. 518), the Court of Queen's Bench held, that a master was liable for the disobedience of an order (of an inspector to disinfect premises under one of the Cattle Plague Acts) by his foreman, it being found that the master had knowledge of the order. In that case Mellor, J., after quoting the language of Bayley, B., in Att.Gen. v. Siddon (1 Cr. & J. 220), said, “I cannot agree as to the necessity for the mens rea, as this is simply a penalty for breach of a sanitary regulation." In Core v. James (41 L. J. (N. S.) M. C. 19; 25 Law T., N. S. 593), it was held that a person cannot be convicted under sect. 8 of 6 & 7 Will. 4, c. 37, for using prohibited mixtures or ingredients in the making of bread for sale, unless there be knowledge, either in himself or in the person employed by him, of the presence of the mixture or ingredient (Oke's "Synopsis," 11th ed., vol. i., pp. 126, 127). It is important, however, to notice that the licensed person is made liable for the acts of his servants by 37 & 38 Vict. c. 49, s. 16, post, p. 178, as to entry by constables, where he is specially made liable to a penalty if he "by any person in his employ" refuses admission; and by 35 & 36 Vict. c. 94, s. 62 (set out in note to sect. 3, ante, p. 157), which applies to evidence |