"public." (Har. Crim. Law, p. 140; R. v. White, 1 Burr. 333.)

Q. Are common nuisances actionable at common law?

A.-Not as a general rule; but if any one person can prove special damage, he may pursue his civil remedy and claim damages.

Q.-A person carries on a noxious trade outside a town, and subsequently buildings and houses are erected near his manufactory. Can the new-comers indict him for creating a nuisance?

A.-No; in such a case the trade may be continued. (R. v. Cross, 2 C. & P. 483.) And, further, a person cannot be indicted for setting up a noxious manufacture in a neighbourhood in which such offensive pursuits have long been borne with, unless the inconvenience to the public is greatly increased. (R. v. Neil, 2 C. & P. 485.)

Q.-Is it a crime to burn a dead body?

A.-It has been decided in the recent case of Reg. v. Price (12 Q. B. D. 247) that to burn a dead body instead of burying it is not a misdemeanor unless it is so done as to amount to a public nuisance.

But it should be noted that if the body be burnt with intent thereby to prevent the holding upon such body of an intended coroner's inquest, and so obstruct a coroner in the execution of his duty in a case where the inquest is one which the coroner has jurisdiction to hold, then it is a misdemeanor. (Reg. v. Stevenson, 13 Q. B. D. 331.)

Q. What is the law as to lotteries?

A. By stat. 10 & 11 Will. III. c. 17, all lotteries

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are declared to be public nuisances: and all patents, grants and licences for the same to be contrary to law; but this does not apply to art unions, which are legalized by 9 & 10 Vict. c. 48, for the disposal of works of art by way of prizes.

Q. What is the offence of mixing or adulterating any article of food? and what is the principal act on the subject?

A. The act referred to is the Sale of Food and Drugs Act, 1875 (38 & 39 Vict. c. 63), and it is thereby provided that no person shall mix, colour, stain or powder (or permit any other person so to do) any article of food with any ingredient or material, so as to render the article injurious to health, with intent that the same may be sold in that state, and no person shall sell any such article under a penalty in each case not exceeding 50%. for the first offence: every offence after a conviction for a first offence shall be a misdemeanor, for which the person on conviction shall be imprisoned for a period not exceeding six months with hard labour. (Sect. 3.)

Q. What is the punishment for selling, to the prejudice of the purchaser, articles of food which is not of the nature demanded?

A.-The offender is liable to a penalty not exceeding 207., provided that no such offence is deemed to be committed in the following cases

1. Where any matter or ingredient, not injurious to health, has been added to the food or drug, because the same is required for the production or preparation thereof as an article of commerce in a state fit for carriage or consumption, and not fraudulently to in

crease the bulk, weight or measure of the food or drug, or conceal the inferior quality thereof.

2. Where the drug or food is a proprietary medicine, or is the subject of a patent in force, and is supplied in the state required by the specification of the patent.

3. Where the food or drug is compounded as mentioned in the act.

4. Where the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation. (Ibid. s. 6.)

Q. What power is given by the above act of obtaining an analysis of articles purchased?

A. Any purchaser of an article of food or of a drug may, on paying the fees therein mentioned, require an analyst appointed under that or any other act to analyse the same and to furnish him with a certificate of the analysis; and any officer duly appointed may of his own accord procure a sample of food or drugs and submit the same to analysis as above mentioned. (Ibid. ss. 12, 13.)

Q. How is the purchaser to deal with the sample so bought?

A.—He must forthwith notify to the seller his intention to have the same analysed, and must offer to divide the article into three parts, to be then and there separated, and each part to be marked and sealed, or fastened up in such manner as its nature will permit, and shall deliver one of the parts to the seller, and shall retain one part for future comparison, and submit the third part to the analyst. (Ibid. s. 14.)

Q.-Is it any defence to a prosecution under the

above-mentioned act for the defendant to prove he bought the goods with a warranty?

A. Yes; if he can prove that on purchasing the goods he had a written warranty that they were of the required nature, and that he sold them in the same state as when purchased; but he will be liable to pay the costs of the prosecution unless he gave notice that he intended to rely on that defence. (Ibid. s. 25.)

Q.-What is the principal provision of the Sale of Food and Drugs Act Amendment Act, 1879 (42 & 43 Vict. c. 30)?

A.—In any prosecution for selling to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance and quality of the article demanded by such purchaser, it shall be no defence to any such prosecution to allege that the purchaser, having bought only for analysis, was not prejudiced by such sale. Neither is it any defence to prove that the article in question, though defective in nature, or in substance, or in quality, was not defective in all three respects. (Sect. 2.)

Q. What restriction is put by statute upon vivisection ?

A. By the Cruelty to Animals Act, 1876 (39 & 40 Vict. c. 77), it is provided that a person shall not perform on a living animal any experiment calculated to give pain, under a penalty of 507. for a first offence, and 1007. for a second or imprisonment for three months, except as follows: the experiment must be performed with a view to the advancement of physiological knowledge, or of knowledge which will be useful for saving or prolonging life or alleviating

suffering; the experiment must be performed by a person holding a licence from the Secretary of State; the animal must, during the whole of the experiment, be under the influence of some anesthetic of sufficient power to prevent the feeling of pain, and must, if seriously injured or likely to suffer pain, be killed before it recovers from the effects thereof.

Q. What is the punishment for furious driving? A. At the discretion of the court imprisonment not exceeding two years, with or without hard labour. (24 & 25 Vict. c. 100, s. 35.)

Q.-Into what classes may vagrants be divided? and mention several instances of each class and their punishments.

A. They may be divided into(1.) Idle and disorderly persons. (2.) Rogues and vagabonds.

3.) Incorrigible rogues.

Idle and disorderly Persons.-This class consists of such as become chargeable to the parish though able to work. Those returning to a parish from which they have been removed. Prostitutes behaving in public places in a riotous or indecent manner, &c.

The punishment on conviction before a magistrate is imprisonment not exceeding one month. (5 Geo. IV. c. 83, s. 3.)

Rogues and Vagabonds.-Within this description fall those who a second time commit any of the beforementioned offences, and also those who commit the following acts:-Telling fortunes and publicly exposing obscene prints, &c., publicly exposing their person, collecting alms or contributions under false pre