person convicted would have been tried but for this act, may be by law authorized to order restitution. Sec. 9. Every petty sessions for the purposes of this act shall be an open public court. Sec. 10. 11 & 12 Vic. c. 43, Eng., not to apply to proceedings under this act. Sec. 11. [Effect of conviction.] Every conviction by justices in petty sessions under this act shall have the same effect as a conviction upon indictment for the same offence would have had, save that no conviction under this act shall be attended with any forfeiture. Sec. 12. Every person who obtains a certificate of dismissal or is convicted under this act, shall be released from all further or other criminal proceedings for the same cause; and by sec. 13 no conviction to be quashed for want of form. Sec. 14 [Justices may order payment of expenses.] Where any charge is summarily adjudicated upon under this act, or an offender is under this act convicted by justices at petty sessions upon a plea of "guilty," it shall be lawful for the justices by whom such charge has been adjudicated upon or offender convicted, upon the request of any person who has preferred the charge or appeared to prosecute or give evidence against the person charged, if such justices think fit so to do, to grant a certificate to such person to the amount of the compensation which such justices may deem reasonable for his expenses, trouble, and loss of time therein, subject nevertheless to the regulations made or to be made as herein-after mentioned; and every such certificate when granted in Ireland shall have the effect of an order of court for the payment of the expenses of a prosecution made under the 55 Geo. III., c. 91, and the acts amending the same; and the amount mentioned in such certifi cate shall be paid in like manner as the money mentioned in such order of court; and all certificates to be granted under this act shall be subject to the like regulations made or to be made in relation thereto as the certificates mentioned in the act of the 7 Geo. IV., c. 64, to be granted by examining magistrates, are or may be subject to under the 14 & 15 Vic. c. 55: provided also, that the amount of the fees payable to the clerks in petty sessions in respect of any proceeding under this act, and of the fees payable to the clerks of the peace for filing the depositions, conviction, or certificate of dismissal aforesaid, and of all such expenses of apprehending the person charged, and detaining him in custody, and of such other expenses as are now by law payable when incurred before a commitment for trial, may be added to the certificate for compensation aforesaid, and paid in the like manner. Sec. 15 relates to the place of holding the court in England. Sec. 16. [Any metropolitan or stipendiary magistrate may act alone.] Any magistrate appointed to act at the police courts of Dublin, and sitting at a police court within the district, or any stipendiary magistrate appointed for any city, &c., and sitting at a police court or other place appointed in that behalf, may, in the case of persons charged before such magistrate, do alone all acts by this act authorized to be done by J. P.'s in petty sessions, and all the provisions of this act referring to justices in petty sessions shall be read and construed as referring also to such magistrate. Sec. 17. Nothing to affect provisions of 10 & 11 Vic. c. 82, and 13 & 14 Vic. c. 37, and 14 & 15 Vic. c. 92; and this act shall not extend to persons punishable under the said acts, so far as regards offences for which such persons may be punished thereunder. Sec. 18. As to compensation to clerks of peace and other officers. Sec. 22. [In cases of injuries to property, parties aggrieved may receive compensation.] In all cases where any J. P.'s have or shall hereafter have power to order a sum of money to be forfeited and paid to the party aggrieved, as amends or compensation for any injury to property, real or personal, the right of such party to receive the money so ordered to be paid shall not be affected by such party having been examined as a witness in proof of the offence, any law or statute to the contrary notwithstanding. FORM A. Be it remembered, that on the at day of in the year To wit. in the said [county], A. B. being charged before us the undersigned of her Majesty's justices of the peace for the said [county], and consenting to our deciding upon the charge summarily, is convicted before us, for that [he the said A. B. &c. stating the offence, and the time and place when and where committed;] and we adjudge the said A. B. for his said offence to be imprisoned in the [house of correc tion] at in the said [county], [and there kept to hard labour] for the space of at Given under our hands and seals the day and year first above mentioned, in the [county] aforesaid. of her Majesty's justices of the peace for the [county] certify, that on the in the year of day of (n) See ante, 24 & 25 Vic. c. 100, s. 44, p. 450, note (g). our Lord -at in the said [county]. A. B. being charged before us, and consenting to our deciding upon the charge summarily, for that he the said A. B. [stating the offence charged and the time and place when and where alleged to be committed], we did, having summarily adjudicated thereon, dismiss the said charge. Given under our hands and seals this the [county] aforesaid. FORM C. day of Conviction on a Plea of Guilty. Be it remembered, that on the -at day of in the year To wit. in the said [county], A. B. being charged before us, the undersigned of her Majesty's justices of the peace for the said [county], for that he the said A. B. [&c. stating the offence and the time and place when and where committed], and pleading guilty to such charge, he is thereupon convicted before us of the said offence; and we adjudge the said A. B. for his said offence to be imprisoned in the [house of correction] at in the said [county], [and there kept to hard labour] for the space of Given under our hands and seals the day and year first above mentioned, in the [county] aforesaid. at J. S. (L.S.) (L.S.) LAUDANUM. Administering, in order to commit an indictable offence, a felony; 24 & 25 Vic. c. 100, s. 22. LEAD. Stealing from mines, a felony; 24 & 25 Vic. c. 96, s. 39; stealing it, when a fixture, a felony; id. s. 31. LESSEE OR LODGER. Stealing fixtures or chattels let to hire with house or lodgings, a felony; 24 & 25 Vic. c. 96, s. 74. Tenants to houses wilfully damaging them or wilfully severing from the freehold any fixtures, a misdemeanor; 24 & 25 Vic. c. 97, s. 13; see ante, WASTE, p. 280, et seq. LETTER Sending threatening, to kill or murder, a felony; 24 & 25 Vic. c. 100, s. 16. To accuse of infamous crime with intent to extort, a felony; 24 & 25 Vic. c. 96, s. 46. Sending letters threatening to burn or destroy houses, buildings, ships, &c. felony; id. c. 97, s. 50. LIBELS. The following offences are misdemeanors at common law. Against religion-as blasphemous publications; against morality-as obscene publications, pictures; against the law of nations as those upon the sovereigns or ambassadors of foreign countries; against the state or constitution of the realm; against the king's person or title, or the administration of his government; against either house of parliament; against the courts of justice as libellous aspersions on the administration of justice ; against the great men of the realm, against magistrates, against private individuals. By 6 & 7 Vic. c. 96, s. 3, publishing, or threatening to publish any libel, or threatening to print or publish, or proposing to abstain from; or offering to prevent the printing or publishing of any matter or thing touching any other person, with intent to extort any money or security for money, or any valuable thing for such or any other person, or with intent to induce any person to confer or procure for any person any appointment or office of profit or trust, is a misdemeanor. LIBRARY, Injuring works of art, books, &c. in, a misdemeanor; 24 & 25 Vic. c. 97, s. 39. LICENCES. As to the mode and requisites to obtain a spirit licence before a J. P. see ante, p. 282, et seq. The principal licence act now in force is the 6 Geo. IV. c. 81. It would be impossible to comprise within the scope of this volume the complete detail of the duties payable on excise licences; but it is hoped that the following references to the statutes in force relating to them will be found useful. By 17 & 18 Vic. c. 30, the duties of excise on sugar is regulated in the scale in s. 1 mentioned. By s. 2 the amount of duty on sugar used in the brewing of beer, and on licences to brewers to use sugar, is also settled. By s. 3 these duties are to be raised and levied in the same manner as other excise duties, and all the powers and penalties of the excise acts are to apply to this act. Brewers intending to use sugar are to take out licences, to make entry of premises for storing sugar, and to enter in the proper book the hour intended to mash or dissolve sugar. By 13 & 14 Vic. c. 67, which relates to distillers' licences, brewers are to make true entry of the quantity of sugar used in brewing, under penalty; see s. 5. By s. 6 it is enacted brewers are not to retail or sell beer at any other place than their licensed brewery premises, or in premises licensed for the express purpose under penalties. Brewers may take out licence for the sale of beer at any other place as well as on their licensed brewery premises; s. 7. By 6 Geo. IV. c. 81, which is the principal licence act, s. 2 fixes the licence duty to be paid on articles in an alphabetical order. By s. 4, persons licensed under this act to retail coffee, tea, &c. in Ireland shall be deemed grocers entitled to a spirit retail licence under the provisions of this act and former laws. S. 6 provides for the granting of excise licences in Ireland, and s. 7 for the contents of such licence. By s. 10 no one licensed to authorize any person except maltsters to carry on his trade in more than one separate and distinct set of premises; but this provision is not to extend to selling beer, cider, or perry by publicans being licensed beer retailers; or spirits, wine, or sweets by the licensed retailers thereof at fairs or markets; s. 11. No licence to be granted for selling beer or cider by retail, to be drunk on the premises, without a justice's licence; s. 13. No licence to be granted to any person to retail spirits, or foreign wines, or sweets, or made wines, or mead, or metheglin, to be drunk on the premises, who has not a retail beer licence; s. 14. No licence for retailing aqua vitæ to persons not licensed to sell beer by retail; s. 15; licences taken out by brewers and distillers, and publicans, &c. shall expire on the 10th October, and all other licences on the 5th July, to be renewed yearly, and notice to be given 21 days at least before the expiration of his current licence. Every such licence to bear date from the expiration of the former licence when regularly renewed; and when afterwards or otherwise granted, from the date of the application; s. 16. Licences may be granted to new beginners for a proportionate part of the year, who shall pay duty accordingly; s. 17. Persons who were before licensed, taking out a new licence, shall not be considered beginners unless the old licence expired two years before such new licence is taken out; s. 18. Licences may be transferred to the executor's wife, children, or assignee of the person licensed; but in case of retailing beer to be consumed upon the premises, not without a certificate of a J.P.; s. 21. Persons disabled, by conviction, from keeping a common inn, &c. shall not be allowed to retail beer under any excise licence, and clerk of the peace neglecting to deliver copy of conviction to forfeit £10; s. 22. Upon the expiration of the magistrate's authority to keep a public house within the year (no conviction having taken place), a proportionate part of the duties on the excise licences shall be returned; s. 24. Persons licensed to put up over their premises their names and trades; penalty for not so doing, or unlicensed persons doing the same, £20; s. 25. Penalty for not taking out the licences required by this act; s. 26. Penalty on licensed persons not producing their licences when demanded; s. 28. Duties on licence for selling plate, and on pedlars, &c. not repealed by this act; s. 35. Besides the foregoing acts, which directly relate to the enactments concerning licences, see as to licence to chemists making or using stills, 1 & 2 Will. IV. c. 55, s. 9. Penalty on persons selling spirits without a licence, see ILLICIT DISTILLATION; PUBLICANS. Power to enter houses of persons licensed to retail spirits to be consumed elsewhere than on the premises; 8 & 9 Vic. c. 64. The Court of Q. B. has lately held that they have no jurisdiction to compel a J. P. to sign a certificate of character, to enable a party to obtain a spirit licence under 17 & 18 Vic. c. 89; R. v. King's Co. Js. 3 Ir. J. N. S. 294. The court has decided that in cases of serious doubt as to the construction of statutes and licences thereunder, it will be slow to inflict penalties for their infringement (o). Where an information charged that a party did know (0) Steevens v. Strangman, 1 Ir. Jur. N. S. 159. |