they shall have summoned the applicant for the license to show cause, and shall have heard him against the objection to the granting of the license, or he shall have refused or neglected to attend before them pursuant to such summons, and such summons shall specify the grounds of objection. Pending their decision upon the objection, the justices before the expiration of the thirty days may transmit to the supervisor a notice or caveat against the granting of the license, and in that case the license shall not be granted if within the further period of thirty days from the receipt of such caveat the objection to the granting of the license shall be affirmed by the justices and notice thereof given to the supervisor (s. 14).

License refused or granted.--If such notice of objection shall be received by the supervisor within the time limited, the said license shall not be granted, but if otherwise, and no caveat be received by the supervisor, then such license shall be granted on payment of the duty by the Act charged thereon, provided the applicant shall be entitled to the license in other respects (sec. 13).

Appeal to Quarter Sessions.-If any person shall feel aggrieved by the justices' order of refusal, he may appeal against the same to the quarter sessions of the division within which such person shall reside, or if in the police district of Dublin Metropolis to the recorder of the city of Dublin at the quarter sessions held next after the order shall have been made.

Excise provisions.—Before a license to sell wine to be consumed on the premises can be granted by the excise authorities, a refreshment-house license must have been previously taken out by the applicant for the same premises (sec. 7), such license to retail wine authorizes also the sale and consumption on the premises of sweets and made wines (26 and 27 Vic., c. 33, sec. 18).

23 and 24 Vic., c. 107.

S. 4. Every sale of foreign wine in any less quantity than two gallons, or in less than one dozen reputed quart bottles, at one time, shall be deemed to be a selling by retail.

S. 5. Person licensed to sell wine not to be consumed on premises, permitting drinking in a neighbouring house, shed, etc., with intent to evade the provisions of this Act, such wine shall be deemed to have been drunk on the premises.

S. 20. Constables empowered to visit licensed refreshmenthouses. It shall be lawful for any inspector, or superintendent, or sergeant of police, or for any county inspector, sub-inspector, head or other constable, when and so often as he or they shall respectively think proper, to enter at any time between the hours of nine at night and seven in the morning into all houses licensed as refreshmenthouses under the authority of this Act, and into and upon the premises belonging thereto; licensed person refusing admittance is liable to a penalty.

S. 21. Every person who shall sell wine by retail whether to be consumed on the premises or not, without a proper license shall forfeit £20.

S. 24. Person convicted of felony or of selling spirits without license for ever disqualified from selling wine by retail; existing wine license to be void after holder so convicted.

S. 26. Constables empowered to enter the premises of wine retailers. It shall be lawful for any officer of excise, or for any inspector of constabulary, superintendent of police, head or other constable, during the hours in which any house licensed for the retail of wine to be consumed on the premises may be kept open, to enter into every house, cellar, room, or place used for the storing, keeping, or retailing of wine to be consumed as aforesaid, and to make search for and seize all spirits which may be found in any such house, cellar, room, and place, and to examine all wine kept therein.

S. 31. Wine retailers permitting drunkenness.-Every person licensed under this Act to sell wine by retail who shall permit any person to be guilty of drunkenness or other disorderly conduct in the house or premises mentioned in such license, or who shall himself be guilty of any such disorderly conduct, shall for every such offence forfeit a penalty; and every person who shall transgress or neglect, or shall be a party in transgressing or neglecting the conditions and provisions specified in such license, or shall allow such conditions or provisions to be in any way transgressed or neglected in the said house or premises shall be deemed guilty of disorderly conduct; and every person so licensed who shall permit or be guilty of any such disorderly conduct shall forfeit a penalty.

S. 41. Harbouring Constables while on duty.—Any person licensed to sell wine, spirits, beer, cider or any other fermented or distilled liquor by retail to be drunk or consumed on the premises who knowingly harbours or entertains, or suffers to remain in the place wherein he carries on his business, any Constable during any part of the time appointed for his being on duty, unless for the purpose of quelling any disturbance or restoring order shall be liable to a penalty not exceeding 208.

Reformatory Schools Act, 1868.—31 & 32 Vic., c. 59. S. 12. Whenever any person shall be convicted of any offence punishable with penal servitude or imprisonment before any judge or magistrate whose age shall not in the opinion of the Court, exceed the age of sixteen years, the Court may in addition to the sentence then passed direct such offender to be sent, at the expiration of such sentence to some certified reformatory school, and to be there detained for a period of not less than two years, and not exceeding five years; provided that no offender shall be directed to be so sent unless the sentence passed shall be one of imprisonment for fourteen days at the least. S. 23. In every case of such sentence the parent or step-parent of the offender shall, if of sufficient ability, be liable to contribute to his maintenance a sum not exceeding 5s. a week.

Reformatory Schools Act, 1893,-(56 & 57 Vic., c. 48) provides for commitment of offenders between twelve and sixteen years of age to Reformatory Schools and for the remanding of such offenders.

Rescue.—Rescue is the act of forcibly freeing a person from custody against the will of those who have him in custody. If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody. The offence of rescue nearly resembles that of prison breach. At common law, where the party rescued is imprisoned on a charge of felony, the rescuing is felony also. Where the offence of the former is a misdemeanour, that of the latter will be a misdemeanour also. To make the offence of rescuing a party a felony, it must appear that he was in custody for felony, or suspicion of felony, but it is immaterial whether he was in the custody of a private person, or of a Constable, or under a warrant of justice, for where the arrest of a felon is lawful, the rescue of him is

felony. By 4 Geo. I., c. 5 (Ir.) s. 1, rescuing a distress for rent or any part thereof, M.-By 6 Geo. IV., c. 43, s. 2, rescuing any cattle lawfully seized for the purpose of being impounded or injuring any pound lawfully constituted, or committing any pound breach, whereby cattle shall escape, M.-By 31 Geo. III., c. 17, s. 10, rescuing or attempting to rescue out of prison, or going to or during execution, any person committed for or found guilty of murder, F.—By 31 Geo. III., c. 17, s. 11, rescuing the body of a murderer after execution from the sheriff or his officers, F.-By 1 and 2 Geo. IV., c. 88, s. 1, rescuing from lawful custody persons charged with, or suspected of, or committed for any felony, or on suspicion thereof, F.--By 1 and 2 Wm. IV., c. 44, s. 2 (Whiteboy Act), rescuing any person committed by a magistrate for treason, felony, or any offence punishable with transportation under said Act before the person committed shall be lodged in gaol, F.

The

Riot and unlawful assembly.-A riot is a tumultuous disturbance of the peace by three persons or more, assembling together of their own authority, with an intent mutually to assist one another against any one who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same, in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful. Where the law authorizes force an assembly will not be riotous. enterprise must be of a private or local character, for the proceedings of a riotous assembly on a public or general account as to redress grievances, pull down all enclosures, or to reform religion, and also resisting the queen's forces if sent to keep the peace, may amount to overt acts of high treason by levying war against the king. An unlawful assembly must be proved, and therefore if a number of persons meet together at a fair and suddenly quarrel, it is an affray and not a riot; but if being so assembled, on a dispute occurring they form into parties, with promises of mutual assistance, and then make an affray they are guilty of riot. And in this manner, any lawful assembly may be converted

into a riot. In every riot there must be some such circumstances of actual force or violence, or of an apparent tendency thereto as are naturally apt to strike a terror into the people, as the show of arms, threatening speeches or turbulent gestures. But it is not necessary in order to constitute this crime that personal violence should have been committed. If sufficient force be used to terrify a single person, it is enough, though no other persons are near enough to be within reach of the alarm. If there be violence and tumult it makes no difference whether the act intended to be done by the persons assembled be of itself lawful or unlawful, as in either case they are rioters. But the violence and tumult must in some degree be premeditated, for if a number of persons, being met together at a fair, market, or any other lawful or innocent occasion, happen on a sudden quarrel to fight, and beat one another, they are not guilty of a riot, but only of an affray; but if there be any pre-determined purpose of acting with violence and tumult, the conduct of the parties is riotous. The unlawfulness of the object of an assembly, even though they actually carry their unlawful object into execution, does not constitute a riot unless accompanied by circumstances of force or violence, so three or more persons assembling together peaceably to do an unlawful act is not a riot. If any person seeing others actually engaged in a riot joins himself to them and assists them therein, he is as much a rioter as if he had at first assembled with them for the same purpose; and if any person encourages, or promotes, or takes part in riots whether by words, signs, or gestures, or by wearing the badge or ensign of the rioters, he is himself to be considered a ricter, for in this case all are principals.

Rout. A rout is a disturbance of the peace by persons assembled together with an intention to do a thing which, if executed, would make them rioters, and actually making a motion towards the execution thereof, but not executing it ; in fact, it includes all the particulars which constitute a riot, except the execution of the intended enterprise.-(Russell on Crimes).