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ý 19. “And whereas doubts are entertained as to what is a sel. 4 & 5 W. 4. ling of beer or cyder or perry by retail; be it therefore enacted, C. 85. that every sale of any beer, or of any cyder or perry, in any less
What is a requantity than four gallons and a half, shall be deemed and taken tailing of beer, to be a selling by retail.”
cyder, or perry. ý 20. “And whereas doubts have been entertained whether per- Persons lisons licensed to sell beer or cyder under the said act of the first censed to sell year of his majesty's reign, who shall sell spirits or wine, or beer or cyder sweets or made wines, or mead or metheglin, without being under this act licensed so to do, are liable to the penalties imposed by the laws ties for selling of excise for selling spirits or wine, or sweets or made wines, or spirits or wine mead or metheglin without licence; be it therefore declared and without licence. enacted, that all persons licensed under the said recited act and this act, selling wine or spirits, or any sweets or made wines, or mead or metheglin, shall be liable to and shall incur all the penal. ties imposed by the laws of excise for selling spirits or wine, sweets or made wines, mead or metheglin, without licence.”
21. “Provided always, and be it further enacted, that such Certificate not certificate shall not be required as to any house situated within to be required the cities of London and Westminster, or within any parish or
for houses in
certain situaplace within the bills of mortality, nor within any city or town
tions, if popucorporate, nor within the distance of one mile from the place used lation exceed at the last election as the place of election or polling place of any 5000. town returning a member or members to parliament, provided that the population, to be determined according to the last parliamentary census that shall have been taken in such city, town corporate, or town returning a member or members to parliament, shall exceed five thousand: Provided always, that no licence for the sale of beer, ale, porter, cyder, or perry by retail on the premises in the cities of London and Westminster, or in any parish or place within the bills of mortality, or in any such city or town corporate, or town returning a member or members to parliament as herein-before mentioned, shall be granted from and after the 5th day of April 1836, unless the house or premises required to be specified as the house or premises in which beer or cider is intended to be sold shall be of ihe value of' 101.
per аппит.” 22. “Provided always, and be it further enacted, that no sum- Service of summons or order issued by any justice of the peace or other ma. mons or order. gistrate shall be deemed to be legally served unless it shall be served by some constable, special constable, police or other peace officer."
Ø 23. “ This act shall commence and take effect from and after Commencethe 10th day of October in the present year.”
ment of act.
SCHEDULE to which the Act refers.
Form of Certificate.
WE, the undersigned, being inhabitants of the parish [or, town. ship, as the case may be] of
and respectively rated to the poor at not less than 67. per annum, and none of us being maltsters, common brewers, or persons licensed to sell spirituous liquors, or being licensed to sell beer or cyder by retail, do hereby certify, that A. B., dwelling in street [here specify the
4 & 5 W. 4. C. 85.
street, lane, &c.] in the said parish (or, township, &c.] is a person
[Here insert the day of signing the certificate.]
rated to 61. to the relief of the poor of the said parish.
C. D. [Overseer of the parish or township, &c.]
Form of Licence.
[or, I, the undersigned, being a person authorized and em-
-ashis (or, her] surety (or, sureties], and having deposited a certificate, signed by six persons, videlicet (hereset out the names and residences of the persons signing the certificate), and by C.D. the overseer of the said parish [or, township, &c.]according to the statute in such case made; provided and upon condition that the said A. B. do not sell any beer, ale, or porter made otherrise than from malt and hops (omit these words in licences to retail cyder and perry), nor mix or cause to be mixed any drugs or other pernicious ingredients in any beer, ale, or porter (or, in any cyder or perry), nor fraudulently dilute, deteriorate, or adulterale any beer, ale, or porter (or, any cyder or perry), nor sell any beer, ale, or porter (or, any cyder or perry], knowing the same to have been fraudulently diluted, deteriorated, or adulterated, nor use, in selling any beer, ale, or porter (or, any cyder or perry), any measures which are not of the legal standard, or wilfully or knowingly permit any drunkenness, or any violent or quarrelsone or other disorderly conduct in his [or, her] house or premises, nor knowingly suffer any unlawful games or any gaming whatsoever therein, nor knowingly permit or suffer persons of notoriously bad character to assemble and meet together therein, but do maintain good order and rule therein, nor have or keep his [or, her] house or premises open for the sale of beer, ale, or porter [or, cyder or perry), nor sell any beer, ale, or porter [or, cyder or perry], nor suffer
the same to be drunk or consumed in or at such house or premises 4 & 5 W. 4. at any time which, by any order of the justices of the peace made c. 85. in pursuance of an act passed in the fifth year of his present majesty's reign, intituled An act to amend an act passed in the first year of his present majesty, to permit the general sale of beer and cyder by retail in England, shall be declared to be unlawful, or at any time before the hour of one in the afternoon, or between the hours of three and five of the clock in the afternoon, or after the hour of ten o'clock in the evening, on any Sunday, Good Friday, Christmas Day, or any day appointed for a public fast or thanksgiving ; and (in cases where the licence shall be granted for beer or cyder to be consumed on the premises], all provisions for billetting officers and soldiers in victualling houses contained in any act for punishing mutiny and desertion, and for the better payment of the army and their quarlers, are to extend and apply to the house and premises mentioned in this licence; and this licence shall continue in force from the day of next, until the
day of then next ensuing, and no longer ; provided and upon condition that the said A. B. shall not in the meantime become a sheriff"s officer or officer for executing the process of any court of justice ; nor shall the said A. B. in the meantime cease to be rated to the relief of the poor
respect of the said house and premises ; and this licence shall cease and determine and shall become void in case any of the conditions or regulations contained therein shall be transgressed, or shall not be observed by the said A. B. Given under our hands and seals (or, my hand and seal] this day of - one thousand eight hundred and
III. Licensing Inns, Alehouses, and Uictualling
Houses. To authorize a person to keep a common inn, alehouse, or victualling house, and therein to sell exciseable liquors (a) by retail, to be drunk or consumed on the premises, two licences are necessary: first, a magistrates' licence; secondly, an excise licence. Neither is operative alone; both together they become so. Rer v. Dr. Drake, 6 M. & S. 116. Rex v. Downes, 3 T. R. 560.
It is proposed, in this place, to treat only of the subject of the magistrates' licence. The consideration of the excise licence will occur hereafter, tit. Ercise.
[Stat. 9 G. 4. c.61. $ 1. General licensing meetings to be held annually, p. 30, 31.
time of holding such meetings, p. 31. $ 2. Time and place how to be appointed, p. 31.
notice of meetings to be given, p. 31. $ 3. Adjournment of meetings, p. 31. Š 4. Special sessions for transferring licences to be appointed, p. 32. $ 5. Notice to be given of the adjournment of the general annual licensing
meeting and special sessions, p. 32. $ 6. What justices shall be disqualified from acting, p. 32. 7. When in liberties, &c. two justices not disqualified do not altend, the
county justices may act, p. 33. (a) As to the meaning of the words " exciseable liquors,” see 9 G. 4. c. 61. § 87. post, p. 47.
4 & 5 W. 4. c. 85.
$ 8. Powers hereby given to the justices of the county not to extend to the
cinque ports, p. 33. $ 9. Questions respecting licences to be determined, and licences to be signed,
by the majority of justices at the meeting, p. 33, 34. § 10. Notice of application for a licence to keep a house as an inn, not pre
viously kept as such, p. 34. $ 11. Notice of application to transfer a licence, p. 34. § 12. Any person hindered from attending any licensing meeting by sickness,
may authorise another person to attend for him, p. 34. § 13. Form of licence, p. 35. Ś 14. Provision for death, change of occupancy, or other contingency, p. 35.
duration of licence granted in event of such contingency, p. 36.
notices required, p. 36.
penalty for taking larger fees, p. 36.
act, p. 36, 37. $ 18. Penalty for selling exciseable liquors by retail without licence, p. 37.
proviso in case of death, p. 37.
first offence, p. 38.
third offence, p. 38.
quarter sessions may adjourn the hearing, p. 39. $ 22. Proceedings at the session in certain cases to be carried on by the petty
constable, p. 39.
expenses of prosecution to be charged on county rates, p. 40.
judgment of the quarter sessions to be final, p. 41.
$ 29. Court to adjudge costs in certain cases, p. 42.
Repeal of prior acts, p. 44.
London, p. 46.
certain cases, p. 46.
By stat. 9. G. 4. c. 61., intituled An act to regulate the granting of licences to keepers of inns, alehouses, and victualling houses, in England ; $ 1., after reciting that “it is expedient to reduce into one act the laws relative to the licensing, by justices of the peace, of persons keeping, or being about to keep inns, alehouses, and victualling houses, to sell exciseable liquors by retail, to be drunk or consumed on the premises, in that part of the U. K. called England,” it is enacted, “ that in every division of every county and riding, and of every division of the county of Lincoln, and in every hundred of every county, not being within 9 G. 4. c. 61. any such division, and in every liberty, division of every liberty, county of a city, county of a town, city, and town corporate, in to be held anthat part of the united kingdom called England, there shall be nually. (a) annually holden a special session of the justices of the peace (to be called the general annual licensing meeting), for the purpose of granting licences to persons keeping or being about to keep inns, alehouses, and victualling houses, to sell exciseable liquors by retail, to be drunk or consumed on the premises therein spe. cified ; and that such meetings shall be holden in the counties Time of holdof Middleser and Surrey within the first ten days of the month of ing such meetMarch, and in every other county on some day between the ings. twentieth day of August and the fourteenth of September inclusive; and that it shall be lawful for the justices acting in and for such county or place assembled at such meeting, or at any adjournment thereof, and not as herein-after disqualified from acting, to grant licences, for the purposes aforesaid, to such persons as they the said justices shall, in the execution of the powers herein contained, and in the exercise of their discretion, deem fit and proper.”
9 G. 4. c. 61.
General licensing meetings
2. “In every such division or place as aforesaid there shall Time and place be holden twenty-one days at the least before each such ge, how to be apneral annual licensing meeting, a petty session of the justices pointed. acting for such county or place, the majority of whom then present shall, by a precept (6) under their hands, appoint the day, hour, and place upon and in which such general annual licensing meeting for such division or place shall be holden; and Notice of meetshall direct such precept to the high constable of the division ings to be or place for which such meeting is to be holden, requiring him, given. within five days next ensuing that on which he shall have received such precept, to order the several petty constables or other peace officers within his constablewick to affix or cause to be affi xed on the door of the church or chapel, and where there shall be no church or chapel, on some other public and conspicuous place within their respective districts, a notice of the day, hour, and place at which such meeting is appointed to be holden, and to give to or to leave at the dwelling house of each and every justice acting for such division or place, and of each and every person keeping an inn, or who shall have given notice of his intention to keep an inn, and to apply for a licence to sell exciseable liquors by retail, to be drunk or consumed on the premises, within their respective districts, a copy of such notice.”
$ 3. “ It shall be lawful for the justices acting at the general Adjournment annual licensing meeting, and they are hereby required to con- of meetings. tinue such meeting by adjournment to such day or days, and to
(a) By the stat. 4 W. 4. c. 6. (the annual Mutiny Act) $ 73., it is enacted, Licensing of " that when any persons shall hold any canteens under proper authority of the canteens. board of ordnance, it shall be lawful for any two justices, within their respective jurisdictions, to grant or transfer any beer, wine, or spirit licence to such persons, without regard to time of year, or to the notices or certificates required by any aet in respect of such licences; and the commissioners of excise, or their proper officers, within their respective districts, shall also grant such licences as aforesaid; and such persons so holding canteens, and having such licences, may sell therein victuals and exciseable liquors, as empowered by such excise licence, without being subject to any penalty or forfeiture."
(6) See the form of such precept, post, p. 76.