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Beerhouses, &c.

(3.) The privileges heretofore enjoyed by the mayor or burgesses of the city of St. Albans in the county of Hertford, or their successors:

(4.) The right of any person who is duly authorized by justices of the peace to keep a common inn, alehouse, or victualling house to take out any excise licence :

(5.) The grant of any occasional licence, or the power of any person duly authorized by the excise to sell beer, spirits, or wine at any fair or public races.

21. The several parts of the Acts set forth in the second schedule hereto shall be repealed to the extent therein specified so far as relates to any licence under any of the said recited Acts granted after the passing of this Act within any place to which this Act applies: Provided that such repeal shall not affect (1.) Any liability incurred or thing duly done before the commencement of this Act:

(2.) Any penalty, forfeiture, or other punishment incurred in respect of any offence committed before the commencement of this Act:

(3.) Any legal proceeding or legal remedy for enforcing or recovering any such liability, thing, penalty, forfeiture, or punishment as aforesaid.

As to repeal of Acts set forth in second

schedule.

22. This Act shall be in force for two years from the date of Act to be in the passing thereof, and until the end of the then next session of force for two Parliament.

FIRST SCHEDULE.
Form of Certificate.

We, the justices assembled [or being the majority of the justices assembled] at the general annual licensing meeting [or an adjournment of the general annual licensing meeting, or at a special petty session] of Her Majesty's justices of the peace acting for the division [or liberty, &c., as the case may be,] of county of holden on the one thousand eight hundred and the grant to A.B. of

in the

day of
do hereby authorize

in the county of

of

a licence or licences, if more than one be authorized, to sell by
retail [beer, cider, or wine to be consumed on or off the premises]
at a house [or shop] situate [describe situation and the particular
Act or Acts under which the licence is to be taken out].
Witness our hands, this

Acts repealed.

11 Geo. 4. & 1 Will. 4. c. 64.

day of

SECOND SCHEDULE.

Title of Act.

An Act to permit the
general sale of beer
and cider by retail in
England.

Extent of Repeal.

So much of section two as
requires the grant of an
Excise licence under the
provisions of the Act to
be made within ten days
after application has been
made for the same.

years.

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3 & 4 Vict.

c. 61.

Act passed in the first year of His present Majesty to permit the general sale of beer and cider by retail in England.

An Act to amend the Acts relating to the general sale of beer and cider in England.

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Extent of Repeal.

Sections two, three, eight, and nine.

Sections two, three ; SO much of section four as enacts that in any extraparochial place or places where no rates are made or collected for the relief of the poor a person applying for a licence shall produce to and deposit and leave with the proper officer of excise granting such licence a certificate in writing, signed by two inhabitant householders of the township or place, certifying that the party applying is the real resident in and occupier of the dwelling house sought to be licensed, and also certifying the true and real annual value of the same with the premises occupied therewith, according to the best of their judgment and belief; sections five and six.

Sections thirteen, fourteen, and fifteen.

So much of section three as renders it unnecessary that the person applying for a licence shall produce any certificate.

Public Parks (Ireland).

CHAP. 28.

An Act to afford facilities for the Establishment and Maintenance of public Parks in Ireland. [12th July 1869.]

WH

HEREAS it is expedient that facility should be given for the establishment and maintenance of public parks in towns in Ireland:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows

:

1. This Act may be cited for all purposes as The Public Parks Short title. (Ireland) Act, 1869.

2. This Act shall extend and apply only to Ireland.

3. The provisions of The Lands Clauses Consolidation Act, 1845, for the purchase of lands by agreement, are incorporated with

this Act.

Limits of Act.

Part of 8 & 9
Vict. c. 18. in-

corporated.

Interpretation

Governing

4. The expression "governing body" shall in the several places in the schedule annexed hereto in that behalf mentioned mean the of terms. persons or bodies of persons referred to in the first column of the schedule hereto annexed; and the term "town" in relation to a governing body shall as respects each authority mean the places in that behalf referred to in the second column of the said schedule. 5. The governing body of any town, the population of which, according to the last account from time to time taken thereof by the authority of Parliament, exceeds six thousand persons, may, by a resolution to be made in manner herein-after mentioned, determine to establish and maintain any public park or parks for the use and enjoyment of the persons inhabiting such town, and may, after the said resolution has been confirmed, levy rates for making or maintaining such public park or parks, and may, for the purposes of this Act, purchase lands, and may accept gifts or grants of land.

body may deblish public parks, walks,

termine to esta

&c.

6. Any resolution by the governing body of any town for the Resolution. purposes aforesaid shall not have effect unless the same has been agreed to by the governing body in some meeting whereof special notice has been given, and has been confirmed in a subsequent meeting held not sooner than four weeks after the next ensuing annual election of the members of the governing body, and which subsequent meeting has been advertised once at least in each of the four weeks immediately preceding the said meeting in some newspaper circulated within the limits of the town, and of which special notice in writing has been given to each member of the governing body.

7. The governing body of any town shall pay all expenses in- How expenses curred by them in carrying any resolution under this Act into to be defrayed. effect out of the fund in the schedule in that behalf mentioned, and, where such fund arises wholly or in part from rates, shall

Power to

Public Parks (Ireland).

have, in addition to their existing powers of rating, all such powers for making and levying any extra rate, if necessary, respectively, as in the case of any rate authorized to be made under the provisions of the respective Acts of Parliament under which such governing body is constituted or authorized to levy rates; and all provisions of such Acts respectively shall be applicable in respect thereof: Provided that when the rates to be assessed by such governing body are limited by law to a certain rateable amount, such limitation shall not apply or extend to expenses incurred in carrying this Act into execution; and it shall be lawful for such governing body to assess the expenses under this Act, in addition to such limited assessment: Provided always, that no rate made in any one year under the authority of this Act shall exceed threepence in the pound.

8. The governing body of any town shall, for the purposes of borrow money. this Act, have all such powers of borrowing money on the security of the rate or fund available for the payment of expenses under this Act as are vested in such governing body under the provisions of the respective Acts of Parliament under which such governing body is constituted or authorized to levy rates; but such powers shall be subject to the conditions and sanction (if any) under which the powers under the said Acts may be exercised by such governing bodies: Provided always, that the powers of borrowing money hereby conferred may be exercised in addition to the powers conferred by the said Acts.

Power to appoint committees.

Power to make byelaws.

9. Where any resolution to establish and maintain a park in any town under the provisions of this Act has been confirmed, the governing body of such town may from time to time, at any meeting specially convened for that purpose, form a committee, consisting wholly of its own members, or partly of its own members and partly of such other persons contributing to the rate or fund out of which the expenses incurred in carrying out this Act are to be paid, and qualified in such manner as the governing body may determine; and the governing body may define the powers of such committee, and may delegate to them all or any of the powers of such governing body under this Act.

10. Where any park shall have been established in any town under the provisions of this Act, the governing body of such town may make byelaws for the use, government, control, or management of such park, and for the protection and preservation from injury of the same, and of the trees, shrubs, walks, seats, gates, fences, and palings, and all other parts thereof, and for the exclusion of improper persons from the same, and may alter or revoke any such byelaws, and shall appoint a penalty not exceeding five pounds for any and every breach of any byelaw made as aforesaid: Provided always, that such byelaws shall be made by such governing body, in the same manner, subject to the same conditions, and with the like sanction as if the same were byelaws made by such governing body under the provisions of and for the purposes mentioned in the Act or Acts under which such governing body is constituted or authorized to levy rates.

Public Parks (Ireland).

SCHEDULE.

Description of governing Description of town. body.

Rate or fund out of which expenses incurred under this Act to be defrayed.

The Right Honourable The city of Dublin - The borough rate

the Lord Mayor, aldermen, and burgesses, acting by the town council.

The mayor, aldermen, and burgesses, acting by the town council. The town commissioners

Towns

or borough fund.

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with exception of Dublin.

Towns having town commissioners under The Towns Improvement (Ireland) Act, 1854 (17 & 18 Vict. c. 113), or under any local Act.

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