proved before the following General Annual Licensing Meeting.

This provision still continues. The out-door beerhouse and winehouses, whether licensed in 1872 or not, will still require the same valuation as before, under 3 and 4 Vic., c. 61, and 33 and 34 Vic., c. 29, the value being arrived at as stated in the following (47th) section. Out-door winehouses and tablebeer houses (and sweets, and spirits, and liqueurhouses which are on the same footing as wine) never required a valuation qualification, and do not now require it.

This section (46) does not apply to alehouses licensed under 9 Geo. 4, c. 61-but is confined to houses licensed under the Wine and Beerhouse Acts.

Section 47, [Annual Value : Mode of Ascertaining]. The Licensing Justices may take what course they think proper to ascertain the annual value of premises, and charge the costs to the applicant.

The annual value of premises shall be the annual rent, which a tenant might reasonably be expected, taking one year with another, to pay for the same if he undertook to pay all tenants' rates and taxes, and tithe commutation rent charge (if any), and the landlord undertook to bear cost of repairs and insurance, and other expenses (if any) necessary to maintain in a state to command the said rent, and if no License were granted in respect thereof No land shall be included in such premises other than pleasure grounds, or flower or kitchen gardens, yard, or curtilage, usually held and occupied by the persons residing in and frequenting the house.

Section 48, [Form of License].-This section prescribes certain regulations as to the form of Li

censes.

Section 49, [Six-day Licenses: Provisions as to].-See Title "Six-day Licenses."

Section 50, [Removal of Licenses]. - See Title "Removal of Licenses."

Section 51, [Offences: Summary Proceedings]. The only provisions here which it is necessary to notice is contained in Sub-section 4, which allows the defendant and his wife to give evidence; but see Evidence, Husband and Wife," the following is a scale of imprisonment upon non-payment of penal

66

ties :

Where the amount of the sum
or sums of money adjudged
to be paid by a conviction,
as ascertained by the con-
viction,

Does not exceed ten shillings
Exceeds ten shillings but does

not exceed one pound
Exceeds one pound but does
not exceed five pounds
Exceeds five pounds but does

not exceed twenty pounds Exceeds twenty pounds

The said period

shall not exceed Seven days.

Fourteen days.

One month.

Two months.

Three months.

And such imprisonment shall be without hard labour, except where hard labour is authorised by the Act on which the conviction is founded, in which case the imprisonment may, if the if the court thinks the justice of

the case requires it, be with hard labour, so that the term of hard labour awarded do not exceed the terms authorised by the said Act.

Section 52, [Appeal to Quarter Sessions]. -See Title "Appeal."

Section 53, [Continuance of License during pending Appeal against Justices' Refusal to Renew] Where Justices refuse to renew (this will also apply to transfers) and an appeal is made, and the License expires before appeal is determined, the Commissioners of Inland Revenue may grant an order to carry on business until the appeal is heard as if the License had not been refused.

Where a License is forfeited owing to conviction, the Court where conviction took place may grant a temporary License to be in force pending appeal upon such conditions as they think just.

Section 54, Conviction, &c.]— A conviction is not to be quashed &c., owing to want of form. Section 55, [Record of Convictions of Licensed Persons for Offences under Act]. Where a conviction is required to be recorded on the License, the following provisions shall have effect:(1) The Court before whom any Licensed person is accused shall require such person to produce and deliver License to their Clerk. [The summons should state that such production will be required.]

(2) If person convicted, particulars of conviction may be endorsed on License, and returned to Licensee.

The holder of the License is subject to a penalty for refusing to deliver his license when demanded by certain persons. See Title "Production of License." Section 56, [Protection of [Protection of Owners Licensed Premises in case of offences by Tenants].-See Title "Owner."

of

Section 57, [More than one conviction on the same day.] The Court has power to order that some or one offence only shall be recorded on the License.

It would seem that the Justices may now say no conviction need be recorded, for in all cases recording is discretionary.

Section 58, [Evidence of Endorsements and Register.] This Section deals with the reception of endorsements upon Licenses, and the register of Licenses as evidence.

Section 59, [Indictments &c., under other Acts.] Nothing in this Act shall prevent any person from being liable to be indicted, or punished, under any other Act, or otherwise, so that he be not punished twice for the same offence.

The above principally applies to keeping brothels, betting and gaming houses, where offenders can be dealt with under other Statutes.

Section 60, [This Section sets out the Disqualifications of certain persons to act as Justices of the Peace in some Licensing matters.]

Section 61, [Extension of Jurisdiction of Justices over River, over River, Water &c.] Any pier,

quay, jetty, mole, or work, extending from any place, within the jurisdiction of any Licensing Justices or Court of Summary Jurisdiction, into or over any part of the sea, or any part of a river, within the ebb and flow of the tide, shall be deemed to be within the jurisdiction of such Justices, or Court. For the purpose of jurisdiction, in any proceeding under this Act, any river, or water, running between the boundary of two or more Licensing Districts, or of jurisdiction of two or more Courts of Summary Jurisdiction, shall be deemed to be wholly within each Licensing District, and the jurisdiction of each such Court.

Section 62, [Sale or Consumption of Intoxicating Liquors: What shall be deemed to be Evidence of].--In proving sale or consumption, it shall not be necessary to show that any money actually passed, or that any intoxicating liquor was actually consumed, if the Court who hears the case be satisfied that a transaction in the nature of a sale actually took place, or that any consumption of intoxicating liquor was about to take place, proof of consumption, or intended consumption, on the premises by some person, other than the occupier or a servant, on such premises, shall be evidence that such liquor was sold to the person consuming or being about to consume, or carrying away the same, by or on behalf of the Holder of the License.

The above section is most often referred to in cases arising under sections 3, 5, 6, 7, 8, of this Act, and section 9 of the Act of 1874.

If a gift can be established, it will not be within