ROSE (App.) v. FROGLEY (Resp.):

Licensing Acts-Death of licence-holder-Minority of heir-
35 & 36 Vict. c. 94, S. 3.

ROYAL COLLEGE OF VETERINARY SURGEONS v. ROBINSON:
Misrepresentation - Veterinary

surgeon Qualification

"Veterinary forge" - Veterinary Surgeons Act, 1881
(44 & 45 Vict. c. 62), s. 17

RYLEY (App.) v. BROWN (Resp.):

Practice-Res judicata-Dismissal of charge on first hearing
a bar to subsequent conviction-"Nemo bis vexari debet ".
-The Dogs Act, 1871 (34 & 35 Vict. c. 56), s. 2

SPURLING (App.) v. BANTOFT (Resp.):

Market-Penalty for selling tollable articles outside market-
"Prescribed limits" Lease by borough corporation to
cattle salesman-Establishment of market by town council as
urban authority-Interference with rights, powers, and
privileges"-38 & 39 Vict. c. 55, ss. 166, 167 (Public Health
Act, 1875); 10 & 11 Vict. c. 14, ss. 2 and 13 (Markets and
Fairs Clauses Act, 1847)

STARCY U. THE CHILWORTH GUNPOWDER MANUFACTURING COMPANY:
Merchandise Marks Act, 1887 (50 & 51 Vict. c. 28, s. 2, sub-ss.
(1) and (2), s. 3, sub-s. (1 b)-False trade description-
"Intent to defraud "-Jurisdiction of magistrates ...

PAGE

685

477

79

372

55

STOKES, Inspector of Mines (App.) v. CHECKLAND (Resp.):
Mines-Use of naked lights in coal mine-Offence against Act
"Owner, agent, and manager" each liable-Managing
director appointing a certificated manager-Liability of
managing director as "agent"-Reasonable precautions by
publishing rules-Coal Mines Regulation Act, 1887 (50 & 51
Vict. c. 58), ss. 49 (r. 8) and 50
631

STUBBS V. THE DIRECTOR OF PUBLIC PROSECUTIONS:
Private prosecution-Charge dismissed-Prosecutor bound over
-Bill preferred by prosecutor-True bill-Case undertaken
by Public Prosecutor-Acquittal-Costs of defendants-
22 & 23 Vict. c. 17-30 & 31 Vict. c. 35, s. 2-42 & 43 Vict.
c. 22, s. 7 7...

WESTMORE (App.) v. PAINE (Resp.):

Justice of the peace-Appeal-Special case-Service of appli-
cation to state case-Summary Jurisdiction Act, 1879 (42
& 43 Vict. c. 49), s. 33-Summary Jurisdiction Rules, 1886,
r. 18.

WHITEHURST (App.) v. FINCHER (Resp.):

1

244

Gaming-Illegal betting-Room "open, kept, or used" for
betting-Person making bets in bar-room of public-house-
The Betting Houses Act, 1853 (16 & 17 Vict. c. 119), ss. 1,3 70

WINDHILL LOCAL BOARD OF HEALTH V. VINT:

Compounding misdemeanour-Compromise of indictment for
nuisance to highway Illegal consideration
performance

WYATT (App.) v. GEMS (Resp.):

Specific

Nuisance-Projection from buildings-Metropolis-Articles in
front of shop-Projection and obstruction-Liability to
penalty in respect of articles so hung out-Michael Angelo
Taylor's Act (57 Geo. 3, c. xxix.) s. 65-Metropolis Manage-
ment Act, 1855 (18 & 19 Vict. c. 120), s. 119

...

PAGE

41

679

APPENDIX.

STATUTES AND PARTS OF STATUTES AFFECTING THE

CRIMINAL LAW.

LUNACY ACT, 1890 (53 Vict. c. 5)

POLICE ACT, 1890 (53 & 54 Vict. c. 45)

INLAND REVENUE REGULATION ACT, 1890 (53 & 54 Vict. c. 21)

BANKRUPTCY ACT, 1890 (53 & 54 Vict. c. 71)

REFORMATORY AND INDUSTRIAL SCHOOLS ACT, 1891 (54 & 55 Vict.

vi

xxvii

STAMP DUTIES MANAGEMENT ACT, 1891 (54 & 55 Vict. c. 38)

XXX

PENAL SERVITUDE ACT, 1891

xxxiv

MARKETS AND FAIRS (WEIGHING OF CATTLE) ACT, 1887

xxxvi

REPORTS

OF

Criminal Law Cases.

QUEEN'S BENCH DIVISION.

February 10 and 13, 1890.

(Before CAVE and SMITH, JJ.)

STUBBS V. THE DIRECTOR OF PUBLIC PROSECUTIONS. (a)

Private prosecution-Charge dismissed-Prosecutor bound overBill preferred by prosecutor-True bill-Case undertaken by Public Prosecutor-Acquittal-Costs of defendants-22 & 23 Vict. c. 17-30 & 31 Vict. c. 35, s. 2-42 & 43 Vict. c. 22, s. 7. It is provided by 30 & 31 Vict. c. 35, s. 2, that when an indictment is preferred under 22 & 23 Vict. c. 17, and the person accused is acquitted, the court may order the prosecutor or other person by or at whose instance such indictment shall have been preferred to pay the costs of the accused person.

42 & 43 Vict. c. 22, s. 7, enacts that, if any person is bound over to prosecute, or has given security for costs, he shall, upon the Director of Public Prosecutions undertaking the case, be released from such obligation, and the Director of Public Prosecutions shall be liable to costs in lieu of such person. Where a person, who was bound over to prosecute a charge under 22 & 23 Vict. c. 17, preferred a bill of indictment and a true bill was found, the Director of Public Prosecutions undertook the case, and the accused were acquitted. An order was made that the Director of Public Prosecutions should pay the costs of the persons acquitted.

Held, that the order was bad.

THE following case was agreed to by the parties for the purpose of raising the questions therein for the opinion of the

1. At all the times hereinafter referred to the defendant was

(a) Reported by W. H. HORSFALL, Esq., Barrister-at-Law.

VOL. XVII.

B