objection or receive any evidence in respect to the signing of the certificate unless a written notice of intention to oppose be served on the publican not later than seven days before the sessions, stating in general terms the grounds on which the renewal is opposed. The justices may, notwithstanding that no notice of objection has been served, if objection is made in court, adjourn the signing to a future day, and require the attendance of the applicant. No evidence, with respect to the signing of such certificate, is to be re ceived which is not given on oath in open court (Act, 1874, s. 14). Should the magistrates refuse the re newal certificate the applicant may appeal to the next quarter sessions or Recorder's Court. The license shall remain in full force and effect unless and until the Court of Quarter Sessions or Recorder shall confirm the order of refusal (18 & 19 Vic., c. 62).

Transfer of License.-Upon the death of the publican, or upon his removal from the licensed house, or upon the sale or assignment of his interest, the magistrates of the district, city, or town within which such licensed house or premises shall be situated, assembled at petty sessions (or, if in Dublin, a divisional justice), at any time when no quarter sessions shall be held for such place-if they shall think proper so to do, after examining on oath all necessary parties-may transfer by indorsement the license then in force, to any person not disqualified by law to carry on the business of publican, at the same house and on the same premises, until the quarter sessions next after the expiration of one calendar month from the time of such transfer, and no longer (18 & 19 Vic., c. 114). When such quarter sessions is not the annual licensing quarter sessions, the transfer may be continued by the certificate of the magistrates at such quarter sessions, which shall only continue in force until the annual licensing quarter sessions, unless at the latter sessions such certificate shall be confirmed. If the certificate be not confirmed at the annual licensing quarter sessions, the excise license granted in pursuance thereof shall not be renewed (Act, 1874, sec. 12). The procedure and

formalities on application at the quarter sessions for a transfer are the same as in the case of an application for a new license.

Railways. By 3 & 4 Vic., c. 97, s. 13 (see also 5 & 6 Vic., c. 55, s. 17).—Any officer or agent of a railway company, and all persons, as they may call to their assistance, may seize and detain any servant in the employ of such company who shall be found drunk while employed on the railway, or commit any offence against the regulations of such company, or shall wilfully or negligently do or omit to do any act whereby the life or limb of any person passing along or being upon the railway shall be or might be injured, or whereby the passage of any of the engines or carriages might be obstructed or impeded, and convey such servant or person aiding him in such offence before some justice (who, upon complaint on oath, can act summarily); offender on conviction may be fined £10, or impd., not exc. 2 months.

S. 16. If any person shall wilfully obstruct or impede any officer or agent of any railway company in the execution of his duty upon any railway, or if any person shall wilfully trespass upon any railway, and shall refuse to quit the same upon request; every person so offending, and all others aiding, may be seized and detained by any such officer, etc., or any person whom he may call to his assistance, until such offender can be taken before a justice (who, upon complaint on oath, can act summarily): offender, on conviction, may be fined £5, or impd. not exc. two months.

Rape, F. (24 & 25 Vic., c. 100, s. 48). Rape is the carnal knowledge of a female forcibly against her will.-Carnal knowledge means the penetration to any the slightest degree of the organ known by the male organ of generation.-All who are present aiding and assisting a man to commit a rape are principal offenders, whether they be men or women. A male under fourteen is presumed by law incapable of committing a rape, but he may be committed of an assault or of aiding and abetting another in the commission of a rape. A husband cannot be guilty of a rape upon his wife, but he may be guilty as principal by assisting

another person to commit a rape upon his wife; and she is a competent witness against him. The offence may be committed though the woman at last yielded to the violence, if her consent was forced by fear of death. Nor is it any excuse that she consented after the fact, or that she was a common strumpet. The carnal knowledge shall be deemed complete on proof of penetration. The following circumstances. support the testimony of the woman ravished :-Her credibility, good fame, marks of violence on her person, discovering the offence without delay and looking for the offender, if party accused has fled. The following circumstances weaken her testimony: -Evil fame, concealing the injury, if place of offence was where she might have been heard and she made no outcry. The constable should arrest the person charged, and bring him and the woman before a magistrate; and also without delay, if she consent, have her person examined by a doctor. See Criminal Law Amendment Act, page 78.

Recognizances, putting under.- The punishment of putting under recognizances consists in ordering the offender to promise to pay to her Majesty a sum of money, expressed in the recognizance, if he breaks the condition thereof, and to find other persons to make a similar promise on his behalf, and as his sureties. In cases in which the court or magistrate is authorized to require such securities, they may direct the offender to be imprisoned till he enters into the recognizance The imprisonment should be See "Sureties of the Peace,"

and finds the sureties. for a limited period. page 314.

Refreshment-house and Wine License.

(23 & 24 VIC., c. 107.)

A refreshment-house is a house, room, shop, or building kept open for public refreshment, resort, and entertainment at any time between 10 P.M. and 7 A.M., not being licensed for the sale of beer, cider, wine, or spirits, respectively. If situated in any town containing a population over 10,000 an excise license must be

taken out for such refreshment-house, which is granted without a justice's certificate; when the population is 10,000 and under, no licence is required to keep a refreshment-house (23 & 24 Vic., c. 107, sec. 6.)

License to sell Wine in Refreshment-house.—If any person licensed to keep a refreshment-house desires to sell foreign wine by retail to be consumed on the premises, he is required to fill up and sign a requisition for such license in a form provided by the Commissioners of Inland Revenue, specifying therein (1) his true Christian and surname; (2) his place of abode ; (3) the description and situation of the house for which the license is required; (4) the net annual value of such house according to the last Poor Law valuation. The requisition, together with two copies, are to be delivered to the supervisor of excise for the district in which such refreshment-house is situated, who is required to deliver or transmit by post one of such copies, together with a notice (to be subsequently mentioned) to the district inspector of constabulary of the district, or in his absence to the head constable, and the other copy to the clerk of petty sessions for the district within which such refreshment-house is situated; or if such refreshment-house is situated within the police district of Dublin Metropolis, the supervisor of excise shall deliver or transmit by post one copy, together with notice, to the superintendent of police for the division in which such refreshmenthouse is situated, and the other copy to the clerk of the divisional justices. And each copy shall be accompanied by a notice to such district inspector and justices, signed by the supervisor, to the effect that a license to retail wine will be granted pursuant to the requisition on or immediately after a day to be specified in such notice, not less than thirty days from the day of the delivery or transmission of the same, unless in the meantime notice in writing, signed by a justice or justices in petty sessions, or by a divisional justice or justices as the case may be, shall be received by the supervisor to the effect that the justices object to the granting of the said wine license on one or more of the following grounds (sec. 13).

Grounds of objection to the granting of the License.— The grounds upon which the justices can object to the grant of the license are one or more of the following, which should be specified in the caveat:-(1) That the house for which the license is required is not a confectioner's shop or an eating house within the meaning of the Act; (2) or not of the annual value required by the Act (i.e. £15 a year in any town, &c., with a population over 10,000, and £8 a year. elsewhere, s. 8); (3) or that it is a disorderly house or a house frequented by prostitutes or other disorderly persons; (4) or that it is adjudged disqualified for the sale of wine therein; (5) or that the applicant is a member of an unlawful society; (6) or is disqualified from selling wine under the provisions of the Act specifying the grounds of such disqualification; (7) or that the applicant has within three years been convicted of any offence punishable by imprisonment; (8) or that the applicant having within three years held a license to keep a common inn, ale-house, or victualling-house, or being licensed as a spirit grocer has forfeited or been refused a renewal of such license (s. 13).

Constabulary Officer or Superintendent of Police may object.—The district inspector of the district, or in his absence the head constable, or if in the police district of Dublin Metropolis the Superintendent of police of the division, is authorized to object to the granting of such wine license before the justices at petty sessions, or any divisional justice, on one or more of the grounds before mentioned (s. 14).

Justices to adjudicate upon the objection. The justice or justices shall then or at some other convenient time proceed to consider, examine on oath into, and adjudicate upon the truth, sufficiency, and validity of any such objection, and if satisfied of the validity of such objection he or they shall, by order in writing to be duly entered by the clerk, refuse to allow such license to be issued, and therein declare the grounds of such refusal. It is provided, however, that no such notice of objection shall be signed by the justices until after