DWELLING-HOUSE.-A dwelling-house need not be a separate building. It may be bounded by a horizontal plane just as well as by a vertical plane, and would therefore include a flat, but not lodgings, nor rooms in a hotel. See Allchurch v. Hendon Assessment Committee (1891), 2 Q. B. 436.

ECCLESIASTICAL COMMISSIONERS.-The Ecclesiastical Commissioners for England [and Wales] for the time being. Int. Act, 1889 (c. 63), s. 12 (15).

PURPOSE, in 19 & 20 Vict. c. 104 (Lord Blandford's Act), s. 14, includes "burial of the dead." Hughes v. Lloyd (1888), 23 Q. B. D. 157. So that when a parish is divided under that Act for ecclesiastical purposes, parishioners in the old undivided parish cease to have any right of interment in the old parish churchyard unless they are resident within the ecclesiastical district within which it lies. It also includes publishing banns and solemnising marriages. Fuller v. Alford (1883), 10 Q. B. D. 418. Spiritual purposes is distinct (see 6 & 7 Vict. c. 37, ss. 9 and 15).

EDUCATION DEPARTMENT, in all Acts, means the Lords of the Committee for the time being of the Privy Council appointed for Education. Int. Act, 1889 (c. 63), s. 12 (6).

DEPARTMENT, SCOTCH, in all Acts, means "the Lords of the Committee for the time being of the Privy Council appointed for Education in Scotland." 1889, c. 63, s. 12 (6), taken from s. 1 of the Scotch Education Act, 1870.

EFFLUVIA INJURIOUS TO HEALTH, in 38 & 39 Vict. c. 55, s. 114, include an effluvium which causes sick persons to become worse, although not injurious to persons in sound health. Malton v. Malton (1879), 4 Ex. D. 302.

EMOLUMENT in 31 & 32 Vict. c. 110, s. 8 (7), is "the most comprehensive word the Legislature could have used." R. v. PostmasterGeneral (1878), 3 Q. B. D. 430; and see Remuneration.

ENDOWED SCHOOLS ACTS means the Endowed Schools Acts, 1869 (32 & 33 Vict. c. 56) and 1873 (36 & 37 Vict. c. 87). Vide 52 & 53 Vict. c. 40, s. 17, Wales.

ENGLAND, in s. 5 of 1889, c. 72, shall mean Scotland in the application of the Act to Scotland (s. 17). This ought to have been done by defining "place of abode," with reference to that part of the United Kingdom in which the local authority giving the notice exercises its functions.

ENTERTAINMENT, in 23 & 24 Vict. c. 27, s. 6, does not merely apply to

public entertainments, like concerts, but also to the general accommodation provided in refreshment-rooms. Muir v. Keay (1875), L. R. 10 Q. B. 594; Howes v. Inland Revenue (1876), 1 Ex. D. 394.

OR AMUSEMENT, in 21 Geo. 3, c. 49, s. 1, does not apply to proceedings of a religious nature. Baxter v. Langley (1868),

L. R. 4 C. P. 21.

ESTATE OF A BANKRUPT, in 6 Geo. 4, c. 16, s. 98, is to be understood in the same way as in common language the expression “the estate of a mortgagor" is understood-viz., as meaning "his own estate subject to a mortgage." Per Lord Tenterden in R. v. Winstanley (1831), 1 C. & J. 444.

EXECUTE, in the Indian Wills Act, No. 25, 1838, s. 7, "is employed to designate the whole operation [of making a will], including both the signature and acknowledgment of the testator and the attestation of the subscribing witnesses." Casement v. Fulton (1845), 5 Moore P. C. 141.

EXPOSED FOR SALE, in the Margarine Act, 1887 (c. 29), s. 6, means exposed to view in the shop in the sight of the purchaser. Crane v. Laurence (1890), 25 Q. B. D. 152; contra, Wheat v. Brown (1892), 8 Times L. R. 294.

EXTRAORDINARY TRAFFIC means unusual in weight or kind either as compared with what is usually carried over roads of the same nature in the highway district, or as compared with that to which the road in its fair and ordinary use may be subjected. Pickering Lythe East Highway Board v. Barry (1881), 8 Q. B. D. 59, 62 (Lopes, J.).

includes the passage of traction engines and trucks over a highway connecting two main roads, and used principally by farmers of land adjoining it for ordinary traffic. R. v. Ellis (1882), 8 Q. B. D. 466.

FALSE PRETENCE, within the Larceny Act, 1861 (24 & 25 Vict. c. 96), s. 90, must be of an existing fact. But the Courts take wide views as to what is an existing fact. R. v. Gordon (1889), 23 Q. B. D. 354. S. 90 was passed because of an earlier case, R. v. Dangar (1857), 1 D. & B. C. C. 307.

FALSELY PACKED, in the Hops Act, 1866 (29 & means not substantially according to sample. (1891), 8 Times L. R. 70.

30 Vict. c. 37), s. 5,

Johnson v. Gaskain

FAMILY, in 23 Vict. c. xiii. s. 33, includes the inmates of a workhouse. Liskeard v. Liskeard (1881), 7 Q. B. D. 509.

FATHER, in 4 & 5 Ph. & Mar. c. 8, s. 3, which imposes a penalty upon any person who "takes away any woman-child out of the custody of the father of such child," includes the putative father of an illegitimate child. R. v. Cornforth (1740), 2 Str. 1162. FELONY.-Acts declaring any act or omission to be felony attach to the act or omission all the incidents for the time being attached by common law or other past or future statutes to felonies. Vide ante, p. 329.

in Acts extending or applied to Scotland = high crime and offence. Int. Act. 1889 (c. 63), s. 28. A like provision is common in Acts prior to that date, and in them is not superseded by the later Act.

FEMALE.-Vide Masculine; and ante, p. 175.

FICTITIOUS OR NON-EXISTENT, in 45 & 46 Vict. c. 61 (Bills of Exchange), s. 7 (3), considered in Bank of England v. Vagliano (1891), A. C. 107. Quot judices tot sententiæ.

FIELDMASTER or FIELD-REEVE means a person appointable to superintend the ordering, fencing, cultivating, and improving of open and common fields. (1772, 13 Geo. 3, c. 81, S. 3).

FINAL JUDGMENT, in the Bankruptcy Act, 1883 (46 & 47 Vict. c. 52), s. 4, does not include (1) an order by consent to pay costs: Ex parte Schmitz (1884), 14 Q. B. D. 509; (2) a garnishee order absolute: Ex parte Chinery (1883), 12 Q. B. D. 342; although by the Judicature Act, 1873, orders are enforceable in the same way as judgments.

AND CONCLUSIVE, in the Metropolis Management Act, 1855, s. 129, now means final and conclusive as to the facts only, inasmuch as the decision of the magistrate on a point of law can be questioned by a special case under the Summary Jurisdiction Act, 1879. R. v. Bridge (1890), 24 Q. B. D. 607.

FINANCIAL YEAR.-Vide ante, p. 177.

FOREIGN DOMINION, in 25 & 26 Vict. c. 20, s. 1, means

a country which at some time formed part of the dominions of a foreign State or potentate, but which by conquest or cession has become a part of the dominions of the Crown of England." Per Cockburn, C.J., in Ex parte Brown (1864), 5 B. & S. 290.

FARDEN POSSESSIONS in the Income Tax Acts (5 & 6 Vict. c. 35, s. 1, and 16 & 17 Vict. c. 34, s. 2, sch. D.), applies to predts and gains entirely earned abroad, but does not apply where the business is domiciled in England, nor to profits earned by a trader carrying on one single business partly in the United Kingdom and partly elsewhere, even though they are not remitted to the United Kingdom. London Bank of Mexico v. Apokope (1801), 1 Q. B. 383; Colquhoun v. Brooks (1889), 14 App. Cas. 43.

FORFET, as used in 17 & 18 Vict. e. 104, s. 103, in the expression "shall be forfeited to her Majesty," implies that the property forfeited is - divested by the offence committed." The Annandale (1867), 2 P. D. 219; and see Sedgwick on Statutory Law (2nd ed.), p. 7a

FORMED, in the Companies Act, 1864 (25 & 26 Vict. c. 89), s. 4, is used in its popular sense, and not technically; consequently, a society originally instituted in 1861 need not be registered under the Act even if the effect of its constitution is to create a new partnership from time to time between its members subsequent to the commencement of the Companies Act, 1862. Shaw v. Simmons (1883), 12 Q. B. D. 117.

FORTHWITH, “in an Act of Parliament, has [in several cases] been construed to mean in a reasonable time,' as

soon as the party who is to perform the act can reasonably perform it." v. Price (1853), 8 Moore P. C. 213; and see Immediately.

in 9 Geo. 4, c. 31, s. 27, means "forthwith if demanded." Coster v. Hetherington (1859), 1 E. & E. 802.

in 8 & 9 Vict. c. 19, s. 3, means “with due and proper diligence and without any delay which cannot be satisfactorily explained." R. v. Worcestershire (1846), 10 Jur. 595.

Per

in Bankruptcy Rules, 1870, r. 144, "has not a fixed and absolute meaning, but must be construed with reference to the objects of the rule and the circumstances of the case." Lush, L.J., Ex parte Lamb (1882), 19 Ch. D. 173. FRANCHISE, in the County Courts Act, 1888 (52 & 53 Vict. c. 41), s. 56, includes the right or privilege granted by letters patent for a new invention. R. v. Judge of Halifax County Court (1891), 1 Q. B. 793, 2 Q. B. 263.

FRONT MAIN WALL OF THE BUILDING ON EITHER SIDE, in Public Health (Buildings in Streets) Act, 1888 (51 & 52 Vict. c. 52), s. 3.

For the considerations by which it is to be ascertained, see
Att.-Gen. v. Edwards (1891), 1 Ch. 194.

GAME, in Scotland, specified as "hares, partridges, pheasants, muirfowls, tarmargans, heath-fowl, snipes, and quails." 13 Geo. 3, c. 54, s. 3.

in 1 & 2 Will. 4, c. 32, s. 40, means living game," although in some other parts of the statute, as, for instance, when it speaks of game at a poulterer's, the word 'game' may properly mean dead game." Kenyon v. Hart (1865), 6 B. & S. 255.

GAMING, in the Licensing Act, 1872 (c. 94), s. 17, is the playing of any game for money or money's worth, whether the game be or be not lawful. Dyson v. Mason (1889), 22 Q. B. D. 351, 5 L. Q. R. 331.

GAOL, in the Assizes Relief Act, 1889 (c. 12), s. 7, includes house of correction.

GENERAL SESSIONS, as used in 17 Geo. 3, c. 38, s. 4, " is another word for quarter sessions in contradistinction to a special sessions, every quarter sessions being a general sessions." R. v. London Justices (1812), 15 East 633.

GOLD MINE.-See Att.-Gen. v. Morgan (1891), 1 Ch. 432.

OR SILVER, in 30 & 31 Vict. c. 90, s. 1, does not mean "pure gold or pure silver, but merely what is ordinarily called gold or silver." Young v. Cook (1877), 3 Ex. D. 105.

GOOD CAUSE, in 35 & 36 Vict. c. 66 (Judicature), s. 49, includes, but is not confined to, everything for which the party is responsible connected "with the institution or conduct of the suit and calculated to occasion unnecessary litigation and expense." Huxley v. W. L. Ry. (1889), 14 App. Cas. 26, at p. 33 (Lord Watson).

Goods, in 2 & 3 Vict. c. 71 (Metropolitan Police), s. 40, includes "dogs": R. v. Slade (1888), 16 Cox Cr. Cas. 496; not synonymous there with chattels (a dog not being a chattel: R. v. Robinson (1859), Bell Cr. Cas. 34).

in 19 & 20 Vict. c. 60, s. 5, includes horses.
(1858), 21 Dunlop (Sc.) 87.

66

Young v. Giffen

in the Factory Act, 1889 (c. 45), includes wares and merchandise." S. 1 (3).

in s. 2 of the County Courts Admiralty Jurisdiction Amendment Act, 1869 (32 & 33 Vict. c. 51), does not include passengers'