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9 G. 4. c. 61, such place or places within the division or place for which such

meeting shall be holden, as such justices may deem most convenient and sufficient for enabling persons keeping inns within such division or place to apply for such licence: Provided nevertheless, that the adjourned meeting to be holden next after such general annual licensing meeting shall not be so holden in or upon any of the five days next ensuing that on which such general annual licensing meeting shall have been holden as aforesaid ; and that every adjournment of the said general annual licensing meeting shall be holden within the month of March in the counties of Middlesex and Surrey, and of August or September

in every other county.” Special sessions § 4. “ The justices assembled at the general or quarter sesfor transferring sion which shall be holden at Michaelmas next after the passing licences to be

of this act, and at the general annual licensing meeting in appointed.

every subsequent year, shall appoint not less than four nor more than eight special sessions, to be holden in the division or place for which each such meeting shall be bolden in the year next ensuing such general annual licensing meeting, at periods as near as may be equally distant; at which special session it shall be lawful for the justices then and there assembled, in the cases and in the manner and for the time herein-after directed, to license such persons intending to keep inns theretofore kept by other persons being about to remove from such inns, 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 persons, under the provisions herein-after enacted, to be licensed to sell exciseable liquors by retail, to be drunk or consumed on the

premises." Notice to be § 5. “ Whenever the justices shall have ordered any such adgiven of the ad- journment of the general annual licensing meeting, or shall have journment of

appointed such special sessions as aforesaid, the day, hour, and the general annual licensing place for holding every such adjourned meeting, and every such meeting and special session, shall be appointed by precept of the majority special sessions. of the said justices, directed to the high constable, requiring

notices, similar in form to those given at the general annual licensing meeting, to be affixed on the door of the church or chapel, or on some other public and conspicuous place, and to be served

upon the same parties.” V hat justices $ 6. “ No justice who shall be a common brewer, distiller, shall be dis- maker of malt for sale, or retailer of malt or of any excisequalified from

able liquor, or who shall be concerned in partnership with any acting

common brewer, distiller, maker of malt for sale, or retailer of malt or of any exciseable liquor, shall act in or be present at any general annual licensing meeting, or at any adjournment thereof, or at any special session for granting or transferring licences under this act, or shall take part in the discussion or adjudication of the justices upon any application for a licence, or upon any appeal therefrom; and no justice shall act upon any of the aforesaid occasions, in the case of any house licensed or about to be licensed under this act, of which such justice shall be the owner, or for the owner of which he shall be manager or agent, or of any house being in whole or in part the property of any common brewer, distiller, maker of malt for sale, or retailer of malt or of any exciseable liquor, to whom such jus

tice shall be, either by blood or by marriage, the father, son, or 9 G. 4. c. 61. brother, or of whom such justice shall be the partner in any other trade or calling; and that every justice who, being hereby disqualified, shall knowingly or wilfully so offend, shall for every such offence forfeit and pay the sum of 1001.: Provided always, that nothing herein contained shall extend to disqualify any justice (not otherwise disqualified, and having no beneficial interest in the house licensed or about to be licensed under this act,) from acting on any of the occasions aforesaid, by reason of the legal estate in such house being vested in him as trustee for any person or persons, or for any charitable or public use or purpose whatsoever.”

$7. " Whenever at any of the meetings to be holden as When in liberaforesaid for any liberty, county of a city, county of a town, ties, &c. twa city, or town corporate, there shall not be present at least two justices not disjustices acting in and for any such liberty, county of a city, attend, the county of a town, city, or town corporate, who are not dis- county justices qualified, it shall be lawful for the justices acting in and for the may act. county or counties adjoining to such liberty, county of a city, county of a town, city or town corporate, and not disqualified from acting, to act within such liberty or place, and with the jus. tice or justices thereof, not as hereinbefore disqualified, who shall be present at any such meeting as aforesaid, for the purpose of granting or transferring licences under, or of hearing complaints as to offences against, this act; any law, custom or usage to the contrary notwithstanding."

$8.*** Provided always, and be it further enacted, that nothing Powers hereby herein contained shall extend to give the justices of the county, or given to the any division thereof, any power or authority for the putting of the justices of the provisions of this act in execution within any of the cinque ports, extend to the or either of the two ancient towns, or any of the corporate or cinque ports. other members or liberties of the cinque ports or two ancient towns; but that it shall be lawful for the justices of and for each of the principal cinque ports and two ancient towns, and not as hereinbefore disqualified from acting, and none other, to act within and for the same, and the liberties thereof, not corporate respectively, as they have been accustomed, and for them or any of them (not so as last aforesaid disqualified) to act within each of the corporate members immediately belonging or subordinate to such principal cinque port or ancient town, with the justice or justices of each such corporate member, (not so as last aforesaid disqualified) for the purpose of granting or transferring licences under, or of hearing complaints as to offences against, this act, in all such cases in which the justices of the county are herein-before empowered or authorised to act with the justice or justices of any liberty, county of a city, county of a town, city, or town corporate.”

9. “ When (at any of the meetings aforesaid) any question, Questions retouching the granting, withholding, or transferring any licence, specting lior the fitness of the person applying for such licence, or of cences to be the house intended to be kept by such person, shall arise, licences to be such question shall be determined by the majority of justices, signed, by the not disqualified, who shall be present when such question shall majority of jusarise; and every licence granted under the authority of this act tices at the

meeting. VOL. 1.

D

such.

9 G. 4. c. 61. shall be signed by the majority of the justices, not disqualified,

who shall be present when such licence shall be granted.” Notice of ap

$ 10." Every person intending to apply for å licence to sell plication for a licence to keep house not theretofore kept as exciseable liquor by retail, to be drunk or consumed in any

an inn, shall affix or cause to a house as an inn, not pre

be affixed a notice on the door of such house, and on the door viously kept as of the church or chapel of the parish or place in which such

house shall be situate, and where there shall be no church or chapel, on some other public and conspicuous place within such parish or place, on three several Sundays, between the first day of January and the last day of February, in the counties of Middlese.r and Surrey, and elsewhere between the first day of June and the last day of July, at some time between the hours of ten in the forenoon and of four in the afternoon, and shall serve a copy of such notice upon one of the overseers of the poor, and upon one of the constables or other peace officers of the said parish or place, within the month of February in the counties of Middlesex and Surrey, and clsewhere within the month of July, prior to the general annual licensing meeting; and every such notice, and the copies thereof, shall be written in a fair and legible hand, or printed, and shall be according to the form in the schedule hereunto annexed (marked A.), and shall be signed by the party intending to make such application, or by his agent thereunto authorized, and shall set forth the situation of the house in a true and particular manner, and the christian and surname of the party applying, together with the place of his residence, and his trade or calling, during the six months previous to the time of serving such notice, and his intention to apply for a licence to sell exciseable liquor by retail, to be drunk or consumed

in such house or premises.' Notice of ap

§ 11. “ Every person holding a licence under the authority plication to of this act, or his heirs, executors, administrators, or assigns, transfer a li.

being desirous to transfer such licence to some other person, and intending to apply at the special session then next ensuing for permission so to do, shall, five days at the least prior to such special session, serve a notice of such his intention upon one of the overseers of the poor, and upon one of the constables or other peace officers of the parish or place in which the house kept by the person so holding such licence is situate; and every such notice shall be written in a fair and legible hand, or printed, and shall be according to the form in the schedule hereunto annexed (marked B.), and shall be signed by the party intending to make such application, or by his agent thereunto authorized, and shall set forth the christian and surname of the person to whom it is intended that such licence shall be transferred, together with the place of his residence, and his trade or calling, during the six months previous to the time of serving such

notice.” Any person

$ 12. “ If any person intending to apply at the general annual hindered from licensing meeting, or at any adjournment thereof, or at any attending any special "session, for any licence to be granted under the aulicensing meet

thority of this act, or for the transfer of any such licence, shall ing by sickness may authorize

be hindered by sickness, or infirmity, or by any other reasonanother person able cause, from attending in person at any such meeting, it to attend for shall be lawful for the justices there assembled to grant or transfer him.

cence,

such licence to such person so hindered from attending, and 9 G. 4. c. 61. to deliver the same to any person then present who shall be duly authorized by the person so hindered from attending to receive the same, proof being adduced to the satisfaction of such justices, who are hereby empowered to examine upon oath into the matter of such allegation, that such person is hindered from attending by good and sufficient cause.”

$ 13. “ Every licence which shall be granted under the au- Form of lithority of this act shall be according to the form in the schedule cence. hereunto annexed (marked C.), and shall be in force in the counties of Middleser and Surrey from the fifth day of April, and elsewhere from the tenth day of October, after the granting thereof, for one whole year thence respectively next ensuing, and no longer; and every licence for the purposes aforesaid, which shall be granted at any other time or place or in any other form than that hereby directed, except as hereinafter excepted, shall not entitle any person to obtain an excise licence for selling exciseable liquors by retail, to be drunk or consumed on the premises of the person licensed, and shall be utterly void to all intents and purposes."

$ 14. “ If any person duly licensed under this act shall (before Provision for the expiration of such licence) die, or shall be, by sickness or

death, change other infirmity, rendered incapable of keeping an inn, or

of occupancy, shall

or other conbecome bankrupt, or shall take the benefit of any act for the tingency. relief of insolvent debtors; or if any person so licensed, or the heirs, executors, administrators, or assigns of any person so licensed, shall remove from or yield up the possession of the house specified in such licence; or if the occupier of any such house, being about to quit the same, shall have wilfully omitted, or shall have neglected to apply, at the general annual licensing meeting, or at any adjournment thereof, for a licence to continue to sell exciseable liquors by retail, to be drunk or consumed in such house; or if any house, being kept as an inn by any person duly licensed as aforesaid, shall be or be about to be pulled down or occupied under the provisions of any act for the improvement of the highways, or for any other public purpose; or shall be, by fire, tempest, or other unforeseen and unavoidable calamity, rendered unfit for the reception of travellers, and for the other legal purposes of an inn; it shall be lawful for the justices assembled as aforesaid at a special session, holden under the authority of this act, for the division or place in which the house so kept or having been kept shall be situate, in any one of the above mentioned cases, and in such cases only, to grant to the heirs, executors, or administrators of the person so dying, or to the assigns of such person becoming incapable of keeping an inn, or to the assignee or assignees of such bankrupt or insolvent, or to any new tenant or occupier of any house having so become unoccupied, or to any person to whom such heirs, executors, administrators, or assigns shall by sale or otherwise have bond fide conveyed or otherwise made over his or their interest in the occupation and keeping of such house, a licence to sell exciseable liquors, by retail, to be drunk or consumed in such house, or the premises thereunto belonging; or to grant to the person whose house shall as aforesaid have been or shall be about to be pulled down or occupied for the improvement of the highways, or for any

9 G. 4. c. 61. other public purpose, or have become unfit for the reception of

travellers, or for the other legal purposes of an inn, and who shall open and keep as an inn some other fit and convenient house, a

licence to sell exciseable liquors by retail, to be drunk or consumed Duration of li- therein : Provided always, that every such licence shall continue cence granted in force only from the day on which it shall be granted until the in event of such fifth day of April or the tenth day of October then next ensuing, as contingency

the case may be: Provided also, that every person intending to Notices re- apply, in any of the above-mentioned cases, at any such special quired. session for a licence to sell exciseable liquors by retail, to be

drunk or consumed in a house or premises thereunto belonging, in which exciseable liquors shall not have been sold by retail, to be drunk or consumed on the premises, by virtue of a licence granted at the general annual licensing meeting next before such special session, shall on some one Sunday within the six weeks next before such special session, at some time between the hours of ten in the forenoon and of four in the afternoon, affix or cause to be affixed on the door of such house, and on the door of the church or chapel of the parish or place in which such house shall be situate, and where there shall be no church or chapel, on some other public and conspicuous place within such parish or place, such and the like notice as is herein-before directed to be affixed by every person intending to apply at the general annual licensing meeting for a licence to sell exciseable liquors by retail, to be drunk or consumed in a house not theretofore kept as an inn, and shall in like manner serve copies of the said notice on one of the overseers of the poor, and on one of the constables or other peace

officers of such parish or place.” Fees to be paid § 15. “ It shall be lawful for the clerk of the justices, as well for licences.

at the general annual licensing meeting as also at any special session to be holden under this act, to demand and receive from every person to whom a licence shall be granted under this act, for the trouble of such clerk, and for all expenses connected therewith, the sums following, and no more; videlicet, for the petty constable or other peace officer, for serving notices, and for all other services hereby required of such petty constable or other peace officer, the sum of 1s.; for the clerk of the justices, for the licence, the sum of 5s. ; and for preparing the precepts to be directed to the high constable, and

notices to be delivered by the petty constable, as required by this Penalty for act, the sum of 1s. 6d.; and every such clerk, who shall demand taking larger

or receive from any person for such respective fees in this behalf, any greater sum or any thing of greater value than the sums herein-before specified, being in the whole the sum of 7s. 6d., shall, for every such offence, on conviction before one justice, forfeit

and pay the sum of 51." Persons dis- $ 16. “ No sheriff's officer, or officer executing the legal proqualified to

cess of any court of justice in any county or place, shall be cahold licences.

pable of receiving or using any licence under this act; and every licence granted or transferred to any person exercising any such

office shall be void to all intents and purposes." No excise li- § 17. “ No licence for the sale of any exciseable liquors by cence to be retail, to be drunk or consumed on the premises of the person granted except licensed, shall be granted by the commissioners of excise, or to a person li- by any officer of excise, io any person whatsoever, unless

fees.

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