c. 74, s. 6. 35 & 36 Vict. same, or a true copy thereof, upon the premises where such samples were obtained or sold, and the expense of such prosecutions, if not ordered to be paid by the party complained against, shall be deemed part of the expense of executing this act. Analysts to make reports local authori ties. Ib. s. 7. The analysts appointed under this act shall report quarterly to quarterly to the local authorities appointing them the number of articles of food, drink, or drugs analysed by them under this act during the foregoing quarter, and shall specify the nature and kind of adulterations detected in such articles of food, drink, and drugs, and all such reports shall be read at the meetings of the local authorities appointing such analysts. Proof of iden tity of articles analysts. Ib. s. 8. On the hearing by the justices, sheriff substitute, submitted to magistrate, or divisional justice of any complaint under his act in any district, county, city, or borough, wherein analysts shall have been appointed under this act, the purchaser, or inspector of nuisances, or the inspector of weights and measures, or the inspector of markets, as the case may be, shall prove to the satisfaction of such justices, sheriff substitute, magistrate, or divisional justice that the article of food or drink or drugs alleged to be adulterated was delivered to the analysts in the same condition as regards its purity or impurity as it was when received from the seller. Purchaser of articles of require same to be analysed. Ib. 8. 9. Any purchaser of any article of food or drink or food, &c. may drugs in any district, county, city, or borough where there is any analyst appointed under this act shall be entitled, on payment to the inspector or inspectors appointed under this act of a sum not less than two shillings and sixpence nor more than ten shillings and sixpence, which shall be accounted for to the local authority appointing such inspector or inspectors, to have any such article analysed by any analyst who may be appointed for such district, county, city, or c. 74, s. 9. borough, and to receive from such analyst a certificate 35 & 56 Viet. of the result of his analysis, specifying whether, in his opinion, such article is adulterated, and also whether, if it be an article of food or drink, it is so adulterated as to be injurious to the health of persons eating or drinking the same, and such certificate, duly signed by such analyst, shall, in the absence of any evidence before the court to the contrary, be sufficient evidence of the matters therein certified, and the sum so directed to be paid for such certificate shall be deemed part of the costs. Articles of ordered for food, &c. analysis to be samples re tained by inspectors. All articles of food, drink, or drugs to be analysed by the analysts appointed under this act shall be received by the inspectors appointed by the local received and authorities, and from all such articles of food, drink, or drugs, samples shall be taken and sealed in the presence of the analysts by the inspectors, to be retained by them and produced in case the justices, sheriff substitute, magistrate, or divisional justice shall order other analyses to be made. Ib. s. 10. cuting act. Ib. s. 11. The expense of executing this act shall be borne, As to exin the city of London and the liberties thereof, out of penses of exethe consolidated rates raised by the commissioners of sewers of the city of London and the liberties thereof, and in the rest of the metropolis out of any rates or funds applicable to the purposes of the act for the better local management of the metropolis, and in counties out of the county rate, or out of the grand jury cess in Ireland, and in boroughs out of the borough fund, and in Scotland out of the police money in counties and boroughs respectively. by indict Nothing in this act contained shall be held to affect Proceedings the power of proceeding by indictment, or to take ment, &c. away any other remedy against any offender under this act. not to be affected. Ib. s. 12. Record of conviction tion. 37 & 38 Vict. c. 49, s. 14. Where a licensed person is convicted of any offence for adultera- against the provisions of any act for the time being in force relating to the adulteration of drink, such conviction shall be entered in the proper register of licences, and may be directed to be recorded on the licence of the offender in the same manner as if the conviction were for an offence against this act, and when so recorded shall have effect as if it had been a conviction for an offence against this act. Offences in respect to closing of licensed premises. 35 & 36 Vict. c. 94, s. 23. 37&38 Vict. c. 49, s. 9. 35 & 36 Vict. c. 94, s. 26. With regard to recording convictions, sce 37 & 38 Vict. c. 49, s. 13, post, p. 192. Offences in respect to Closing of Licensed Premises. The offences under the sections of the 35 & 36 Vict. c. 94, relating to the closing of licensed premises, are all set out in Chap. VIII., viz. :— Sect. 23, ante, p. 150, " Any person who keeps open his premises for the sale of intoxicating liquors during any time at which the justices have ordered them to be closed :" By 37 & 38 Vict. c. 49, s. 9, ante, p. 138, “Any person who, during the time at which premises for the sale of intoxicating liquors are directed to be closed by or in pursuance of this Act, sells or exposes for sale in such premises any intoxicating liquor, or opens or keeps open such premises for the sale of intoxicating liquors, or allows any intoxicating liquors, although purchased before the hours of closing, to be consumed in such premises, shall for the first offence be liable to a penalty not exceeding ten pounds, and for any subsequent offence, to a penalty not exceeding twenty pounds." Sect. 26, ante, p. 144, applies the provisions of sect. 24 (now 9 of 37 & 38 Vict. c. 49, supra), to houses having an exemption order from the local c. 94, s. 26. authorities if they sell, &c. at unauthorized 35 & 36 Vict. Sect. 27, ante, p. 148, consuming intoxicating liquor Ib. s. 27. Sect. 28, ante, p. 149, "If any person keeping any Ib. s. 28. such refreshment-house [i. e., licensed "for the sale therein by retail of foreign wine"] sells or exposes for sale in such refreshment-house, —or opens or keeps open any such refreshmenthouse for the sale of-intoxicating liquors' after ten at night, or (where other licensed premises in the same place are required by or in pursuance of this act to close at nine) at nine at night," or during such time as aforesaid allows any intoxicating liquor to be consumed on such premises :' Sect. 29, ante, p. 147, applies, like sect. 26, the Ib. s. 29. provisions of 37 & 38 Vict. c. 49, s. 9, to houses having the occasional licence here men- sale, &c. of In reference to all these offences, sect. 62, ante, Evidence of p. 157, provides as to the evidence of a sale or con- liquor. sumption of intoxicating liquors, and the liability of the licensed person for the acts of his servants; and it should be observed, generally, that where the offence in any section of the act is the selling or opening or Constable to enter on premises for enforcement of act. keeping open of premises "for the sale of intoxicating liquors," the enactments will not prohibit pure gifts of liquors, nor the opening of houses for the sale of non-intoxicating liquors or refreshments, whether to travellers, lodgers, or other persons. Any constable may, for the purpose of preventing or detecting the violation of any of the provisions of the principal act or this act which it is his duty to 37 & 38 Vict. enforce, at all times enter on any licensed premises (a), or any premises in respect of which an occasional licence is in force. c. 49, s. 16. Search warrant for detection of liquors sold trary to law. Ib. s. 17. Every person who, by himself, or by any person in his employ or acting by his direction or with his consent, refuses or fails to admit any constable in the execution of his duty demanding to enter in pursuance of this section, shall be liable to a penalty not exceeding for the first offence five pounds, and not exceeding for the second and every subsequent offence ten pounds. Any justice of the peace, if satisfied by information (b) on oath that there is reasonable ground to believe that or kept con- any intoxicating liquor is sold by retail or exposed or kept for sale by retail at any place within his jurisdiction, whether a building or not, in which such liquor is not authorized to be sold by retail, may in his discretion grant a warrant under his hand (b), by virtue whereof it shall be lawful for any constable named in such warrant, at any time or times within one month from the date thereof, to enter, and, if need be by force, the place named in the warrant, and every part thereof, and examine the same and search for intoxicating liquor therein, and seize and remove any intoxicating liquor found therein which there is reasonable ground to suppose is in such place for the purpose of unlawful sale at that or any other place, |