41 & 42 Vict. c. 77 (Highways, etc., Amendment Act, 1878), s. 21.]—Any bridge erected before the passing of this Act (16th August, 1878) in any county without such superintendence as is provided in s. 5 of the Bridges Act, 1803 (ante, p. 1239), and which is certified by the county surveyor or other person appointed in that behalf by the county authority to be in good repair and condition, shall, if the county authority see fit so to order, become and be deemed to be a bridge which the inhabitants of the county shall be liable to maintain and repair.

45 & 46 Vict. c. 50 (Municipal Corporations Act, 1882), s. 119-Bridges in boroughs.(1) Every bridge which is either wholly or in part in a borough, and which the borough and not the county in which it is situate is legally bound to maintain or repair, shall as to the whole of the bridge if it is wholly in the borough or as to such part only as is in the borough be maintained, widened, repaired, improved, or rebuilt under the sole management and control of the (borough) council.

(2) For that purpose the council shall have all the powers which the justices of a county have with respect to a county bridge, but the notices required in the case of a county bridge shall not be required in the case of a borough bridge. [See R. v. Dorset, 45 L. T. (N. S.) 308: R. v. Southampton, 17 Q. B. D. 424; 19 Q. B. D. 590.]

51 & 52 Vict. c. 41 (Local Government Act, 1888), s. 3.]—There shall be transferred to the council of each county the administrative business of the justices of the county in quarter sessions assembled, that is to say, all business done by the quarter sessions or any committee appointed by the quarter sessions in respect of the several matters following, namely: . .

(viii) Bridges and roads repairable with bridges, and any powers vested by the Highways and Locomotives Amendment Act, 1878 (41 & 42 Vict. c. 77), in the county authority.

Sect. 6-Power of county council to purchase and take over bridges and to maintain, repair, and improve such bridges.]—As to this section, see Bury St. Edmunds (Mayor, etc.) v. West Suffolk County Council [1898] 2 Q. B. 246.

Sect. 11-Bridges in main roads.]—(1) Every road in a county which is for the time being a main road within the meaning of the Highways and Locomotives Amendment Act, 1878 (41 & 42 Vict. c. 77), inclusive of every bridge carrying such road, if repairable by the highway authority, shall after the appointed day be wholly repaired by the council of the county in which the road is situate. . . . [As to the nature and extent of the liability created by this sub-section, see Att.-Gen. v. Staffordshire County Council [1905] 1 Ch. 336; 69 J. P. Rep. 97.]

(2) (3) Empower urban authorities to claim the right to retain the powers and duties of maintaining and repairing main roads within their districts, in which event the road vests in the urban authority, and the county council contributes a sum agreed, or settled by arbitration.

Sect. 31 (2)-Bridges in a county borough.]—On the appointed day there shall be transferred to the mayor, aldermen, and burgesses of each county borough "all such bridges and approaches thereto or parts thereof situate within the borough as were previously repairable by the county or any hundred therein." .. [The cost of repair is payable out of the borough fund.]

Sect. 78 (3)-Presentments.]— . . . a presentment by a grand jury in relation to any such powers, duties, or liabilities (arising as to business transferred (inter alia) under s. 3 (viii.), supra), shall cease to be made otherwise than by way of indictment.

Sect. 79 (2)-Transfer to county council of liabilities of inhabitants.]—All duties and liabilities of the inhabitants of a county shall become and be duties and liabilities of the council of such county. [This seems to transfer liability to indictment from the inhabitants to the council. See Pratt on Highways (15th ed.), 591; Glen on Highways (2nd ed.), 106.]

Indictment for not repairing a Bridge.

Middlesex, to wit:-The jurors for our lord the King upon their oath present, that [from time whereof the memory of man is not to the contrary], there was and yet is a certain common public stone bridge, commonly called D. Bridge, situate and being in the several parishes of B. and C., in the county of M., in the King's common highway leading from the town of H., in the county of H., towards and unto the city of London, used by and for all the liege subjects of our said lord the King and his predecessors, on foot, and with their horses, coaches, carts, and other carriages, to go, return, pass, repass, ride, and labour, at their free will and pleasure; and that the said bridge, on the first day of June, in the year of our Lord and continually afterwards until the day of the taking of this inquisition, at the several parishes of B. and C. aforesaid, in the county aforesaid, was and yet is very ruinous, broken, dangerous, and in great decay, for want of upholding, maintaining, amending, and repairing the same, so that the liege subjects of our said lord the King upon and over the said bridge, with their horses, coaches, carts, and other carriages, could not during the time last aforesaid, nor yet can go, return, pass, repass, ride, and labour, as they before used and were accustomed to do, and still of right ought to do, without great danger of their lives, and the loss of their goods; to the great damage and common nuisance of all the liege subjects of our said lord the King, upon and over the said bridge, going, returning, passing, repassing, riding, and labouring; and against the peace of our lord the King, his crown and dignity: And that the said bridge is not within any city or town corporate: and that it cannot be known and proved that any hundred, riding, wapentake, city, borough, or parish, or any person certain, or any body politic or corporate, ought of right to make, rebuild, repair, or amend the said bridge; and that the county council of the administrative county of Middlesex (see infra) aforesaid ought to make, rebuild, repair, and amend the said bridge, when and so often as it should or shall be necessary; against the form of the statutes in such case made and provided. See also the precedent, Cro. Circ. Comp. 313; 6 Went. 427; 2 Chit. Cr. L. 593 b.

The words in brackets are unnecessary (see ante, p. 1222). The liability to indictment formerly resting on the inhabitants of the county appears to be transferred to the council of the administrative county in which the bridge lies. See note to 51 & 52 Vict. c. 41, s. 79 (2) (supra). But the matter has not been judicially decided, and it is prudent to add a second count on the same lines as the first, but with the substitution of the words "the inhabitants of the whole county of Middlesex," for the allegation as to the county council.

Misdemeanor: fine.

Costs.]-The costs of a frivolous defence to an indictment for non-repair of a county bridge cannot be given under 5 & 6 W. 4, c. 50, which does not apply to county bridges (see sect. 5), or to hundred bridges. R. v. Chart and Longbridge, L. R. 1 C. C. R. 237; 39 L. J. (M. C.) 107). But they may be obtained on the certificate of the judge that the defence was frivolous under 13 G. 3, c. 78, s. 64, which is incorporated into 43 G. 3, c. 58, s. 1, and for this purpose is not repealed by 5 & 6 W. 4, c. 50. R. v. Merionethshire, 6 Q. B. 343; 13 L. J. (M. C.) 158. The provision of 13 G. 3, c. 78, s. 24, as to presentments of highways, which by 43 G. 3, c. 59, s. 1, is incorporated into that Act, was not repealed as to bridges by 5 & 6 W. 4, c. 50: R. v. Breconshire, 15 Q. B. 813; 18 L. J. (M. C.) 123. But such presentments must now be by way of indictment. 51 & 52 Vict. c. 41, s. 78 (3), supra.

SECT. 3.

INCITING INFANTS TO BETTING OR WAGERING OR TO BORROWING MONEY.

Statutes.

55 & 56 Vict. c. 4 (Betting and Loans (Infants) Act, 1892), s. 1— Sending documents to an infant inviting him to bet.—(1) If any one, for the purpose of earning commission, reward, or other profit, sends or causes to be sent to a person whom he knows to be an infant any circular, notice, advertisement, letter, telegram, or other document which invites or may reasonably be implied to invite the person receiving it to make any bet or wager, or to enter into or take any share or interest in any betting or wagering transaction, or to apply to any person or at any place, with a view to obtaining information or advice for the purpose of any bet or wager, or for information as to any race, fight, game, sport, or other contingency upon which betting or wagering is generally carried on, he shall be guilty of a misdemeanor, and shall be liable, if convicted on indictment, to imprisonment, with or without hard labour, for a term not exceeding three months, or to a fine not exceeding one hundred pounds, or to both imprisonment and fine, and if convicted on summary conviction, to imprisonment, with or without hard labour, for a term not exceeding one month, or to a fine not exceeding twenty pounds, or to both imprisonment and fine.

(2) If any such circular, notice, advertisement, letter, telegram, or other document as in this section mentioned, names or refers to any one as a person to whom any payment may be made, or from whom information may be obtained, for the purpose of or in relation to betting or wagering, the person so named or referred to shall be deemed to have sent or caused to be sent such document as aforesaid, unless he proves that he had not consented to be so named, and that he was not in any way a party to, and was wholly ignorant of, the sending of such document.

Sect. 2-Sending to infants circulars inviting to borrow money.]— (1) If any one, for the purpose of earning interest, commission, reward, or other profit, sends or causes to be sent to a person whom he knows to be an infant any circular, notice, advertisement, letter, telegram, or other document which invites or may reasonably be implied to invite the person receiving it to borrow money, or to enter into any transaction involving the borrowing of money, or to apply to any person or at any place with a

view to obtaining information or advice as to borrowing money, he shall be guilty of a misdemeanor, and shall be liable, if convicted on indictment, to imprisonment, with or without hard labour, for a term not exceeding three months, or to a fine not exceeding one hundred pounds, or to both imprisonment and fine, and if convicted on summary conviction, to imprisonment, with or without hard labour, for a term not exceeding one month, or to a fine not exceeding twenty pounds, or to both imprisonment and fine.

(2) If any such document as above in this section mentioned sent to an infant purports to issue from any address named therein, or indicates any address as the place at which application is to be made with reference to the subject-matter of the document, and at that place there is carried on any business connected with loans, whether making or procuring loans or otherwise, every person who attends at such place for the purpose of taking part in or who takes part in or assists in the carrying on of such business shall be deemed to have sent or caused to be sent such document as aforesaid, unless he proves that he was not in any way a party to and was wholly ignorant of the sending of such document.

Sect. 3-Presumption of knowledge of infancy.]-If any such circular, notice, advertisement, letter, telegram, or other document as in the preceding sections or either of them mentioned is sent to any person at any university, college, school, or other place of education, and such person is an infant, the person sending or causing the same to be sent shall be deemed to have known that such person was an infant, unless he proves that he had reasonable ground for believing such person to be of full age.

63 & 64 Vict. c. 51 (Money Lenders Act, 1900), s. 5-Presumption of knowledge of infancy.]-Where in any proceeding under s. 2 of the Betting and Loans (Infants) Act, 1892, it is proved that the person to whom the document was sent was an infant the person charged shall be deemed to have known that the person to whom the document was sent was an infant, unless he proves that he had reasonable ground for believing the infant to be of full age.

55 & 56 Vict. c. 4, s. 4—Soliciting infant to make affidavit in connection with loan.]-If any one, except under the authority of any court, solicits an infant to make an affidavit or statutory declaration for the purpose of or in connection with any loan, he shall be liable, if convicted on summary conviction, to imprisonment, with or without hard labour, for a term not exceeding one month, or to a fine not exceeding twenty pounds, or to both imprisonment and fine, and if convicted on indictment, to imprisonment, with or without hard labour, for a term not exceeding three months, or to a fine not exceeding one hundred pounds.

Sect. 6-Defendant and wife or husband of defendant a competent witness.] -In any proceeding against any person for an offence under this Act such person and his wife or husband, as the case may be, may, if such person thinks fit, be called, sworn, examined, and cross-examined as an ordinary witness in the case. [This enactment seems to be superseded by the Criminal Evidence Act, 1898 (6Ï & 62 Vict. c. 36), ante, p. 392, et seq.]

SECT. 4-POACHING.

TAKING GAME BY NIGHT AFTER TWO PREVIOUS CONVICTIONS.

Statutes.

9 G. 4, c. 69 (Night Poaching Act, 1828), s. 1.]-[Whereas the practice of going out by night, for the purpose of destroying game, has very much increased of late years, and has in very many instances led to the commission of murder, and of other grevious offences; and it is expedient to make more effectual provisions than now by law exist for repressing such practice (rep.).]—If any person shall, by night, unlawfully take or destroy any game or rabbits in any land, whether open or enclosed, or shall by night unlawfully enter or be in any land, whether open or enclosed, with any gun, net, engine, or other instrument for the purpose of taking or destroying game, such offender shall, upon conviction thereof before two justices of the peace, be committed, for the first offence, to the common gaol or house of correction, for any period not exceeding three calendar months, there to be kept to hard labour, and at the expiration of such period shall find sureties by recognizance, or in Scotland by bond of caution, himself in ten pounds, and two sureties in five pounds each, or one surety in ten pounds, for his not so offending again for the space of one year next following; and in case of not finding such sureties, shall be further imprisoned and kept to hard labour for the space of six calendar months, unless such sureties are sooner found; and in case such person shall so offend a second time, and shall be thereof convicted before two justices of the peace, he shall be committed to the common gaol or house of correction for any period not exceeding six calendar months, there to be kept to hard labour, and at the expiration of such period shall find sureties by recognizance or bond as aforesaid, himself in twenty pounds, and two sureties in ten pounds each, or one surety in twenty pounds, for his not so offending again for the space of two years next following; and in case of not finding such sureties, shall be further imprisoned and kept to hard labour for the space of one year, unless such sureties are sooner found; and in case such person shall so offend a third time, he shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond seas for seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years; and in Scotland, if any person shall so offend a first, second, or third time, he shall be liable to be punished in like manner as is hereby provided in each case.

Sect. 2-Arrest of night poachers and punishment of assaults.]-Ante,

p. 865.

Sect. 4-Limitation of proceedings.]-... The prosecution for every offence punishable upon indictment, or otherwise than upon summary conviction, by virtue of this Act, shall be commenced within twelve calendar months after the commission of such offence. [Rep. as to