ful and accustomed fair or any races without an occasional fairs, license authorizing such sale, shall be guilty of an offence against races &c. Licensing Acts, and punishable accordingly.

Provided that the section shall not apply to any person whose licensed premises are situate within the limits aforesaid.

extension of

Section 19.-The section extends the closing hours in cases of Occasional occasional licenses; the holder may continue to sell until such licenses, hour not later than ten o'clock at night as may be specified in time. that behalf in the consent given by the justice for the granting

of such occasional license.

sional

Section 20.-For the purposes of sections 12 to 18 of the Offences principal Act (Offences against Public Order), and sections for with occa giving effect to the same, the holder of an occasional license license. shall be deemed to be a licensed person, and the place where he sells, &c., licensed premises.

MISCELLANEOUS.

Section 21.-The section provides that any deficiency in Deficiency quota of borough justices on joint committee (section 38 of of Justices on joint principal Act) shall be supplied by qualified county justices to committee. be appointed by the county licensing committee.

Section 22.-The section contains provisions regarding pro- Provisional visional grant and confirmation of licenses to any premises about grant of to be constructed or in course of construction, &c.

licenses to

new premises.

Section 23.-One license of justices may extend to several Excise excise licenses.

licenses.

Section 24.-A license for consumption only off the premises Confirmashall not require confirmation.

Section 25.-The section requires the joint committee to make rules under section 43 of principal Act.

tion of license, &c.

brewster

Section 26. The licensing justices shall not require the Notices of attendance of a licensed person applying for a renewal of adjourned license at the general annual licensing meeting, save for some sessions and special cause personal to the licensed person to whom such re- of intention quisition is sent. (See section 42 of principal Act.)

Notices of adjournment of brewster sessions need not be served on holders of or applicants for licenses who are not required to attend.

It is necessary to state in notice of intention to oppose the renewal of a license (section 42 of principal Act) the grounds on which the renewal of such license is to be opposed.

to oppose.

Prohibition regarding appeal.

Term
"owner"
defined.

Supplying liquor to private friends.

Additional retail license.

Definitions.

"Metro-
politan dis-
trict."
"Town."

"Populous place."

"Occasional license."

Section 27. The section repeals part of section 8 of the Wine and Beerhouse Act, 1869, and prohibits appeal to quarter sessions in certain cases.

Section 28.-The section substitutes licensing justices as authority instead of Commissioners of Inland Revenue respecting affixing certain notices to premises as required by section 11 of principal Act.

Section 29.-The section defines the term "owner" as applied to any person possessing an estate or interest in licensed premises.

Section 30.-No person keeping a house licensed under this or the principal Act shall be liable to any penalty for supplying intoxicating liquors, after the hours of closing, to private friends bona fide entertained by him at his own expense.

Section 31.-An additional retail license to sell beer for consumption off premises may be granted to the holder of a strong beer dealer's wholesale excise license, but can only be granted at the general annual sessions. (See 43 Vict. c. 6, s. 2.)

DEFINITIONS AND REPEAL.

Section 32.-The section defines various expressions used in Act. It is amended by section 313 of Public Health Act, 1875, (a), (38 & 39 Vict. c. 55).

"The metropolitan district' means the area mentioned in schedule to Act.

"Town" means an urban sanitary district as described for the purposes of the Public Health Act, 1872 (now Act of 1875), &c.; but no urban sanitary district shall be deemed a town, unless it contains 1,000 inhabitants. (See section 74 of principal Act.)

Populous place" means any area with a population of not less than 1,000, which by reason of the density of such popu. lation the county licensing committee may by order determine to be a populous place.

The section contains provisions authorizing justices to convene meetings, especially after the publication of each census, for the purpose of revising orders, &c., and specifying populous places.

"Occasional license" means a license to sell beer, spirits, or wine granted in pursuance of 25 & 26 Vict. c. 22, s. 13, and 27 Vict. c. 18, s. 5, and Acts amending same.

(a) The provisions of the Public Health Act are to apply where provisions of former Sanitary Acts are repealed.

license."

"A new license" means a license for the sale of any intoxi- "New cating liquor granted at a general annual licensing meeting in respect of premises in respect of which a similar license has not theretofore been granted.

Section 33.-There are hereby repealed the following sections Repeal. and parts of sections of the principal Act :

(1.) Sections 19 to 22, both inclusive, relating to adulteration, and the first schedule to the principal Act;

(2.) Section 24, relating to hours of closing; and

(3.) Section 35, relating to entry on premises by constables; and (4.) So much of sections 5, 6, 13, 14, 16, 17, and 28, as relate to the records of convictions on licenses, and of section 74 as contains the definition of a town for the purposes of the provisions with respect to closing and of a new license.

(5.) The last paragraph of section 56.

Provided that the repeal enacted in this Act shall not affect(1.) Anything duly done or suffered: or

(2.) Any right or privilege acquired: or

(3.) Any penalty or other punishment incurred under any enactment hereby repealed.

SCHEDULE.

METROPOLITAN DISTRICT.-The city of London or the liberties thereof, or any parish or place for the time being subject to the jurisdiction of the Metropolitan Board of Works, or within the area contained within a circle the radius of which is four miles from Charing Cross.

THE BEER DEALERS RETAIL LICENSES (AMEND-
MENT) ACT, 1882.

(45 & 46 VICT. c. 34.)

An Act to amend "The Beer Dealers Retail Licenses Act, 1880" (43 Vict. c. 6).

Whereas it is expedient to extend the provisions of 43 Vict. c. 6, to the granting of certificates for all licenses for sale of beer by retail for consumption off the premises, it is enacted (section 1) that, Notwithstanding anything in section 8 of the Wine and Beerhouse Act, 1869, or in any other Act now in force, licensing justices shall be at liberty in their free and unqualified discretion either to refuse or grant certificates for any licenses for sale of beer by retail to be consumed off the premises, on any grounds appearing to them sufficient.

[The provisions of above section are similar to those contained in 43 Vict. c. 6, except that they apply to any license for the sale of beer to be consumed off the premises.]

Section 2.-Certificates can be granted at general annual licensing meetings only.

Section 3.-Short title of Act, &c.

Issuing of

summons.

How served.

Procedure if summons disobeyed.

III. The Summary Jurisdiction Acts.

SUMMARY JURISDICTION ACT, 1848.

(11 & 12 VICT. c. 43.)

Section 1 enacts that in all cases where an information shall be laid before one or more justices of the peace that any person has committed or is suspected to have committed any offence or act within the jurisdiction of such justices for which he is liable by law, upon a summary conviction, to be imprisoned or fined, or otherwise punished, and also in all cases where a complaint shall be made to any such justices upon which they have authority by law to make any order for the payment of money or otherwise, in every such case the justices may issue a summons directed to such person, stating shortly the matter of such information or complaint, and require him to appear at a certain time and place before them to answer to the said information or complaint, and to be further dealt with according to law; and every such summons shall be served by a constable or other peace officer, or other person to whom the same shall be delivered, upon the person to whom it is directed, by delivering it to him personally, or by leaving it with some person for him at his last or most usual place of abode; and the constable, peace officer, or person who shall serve it shall attend at the time and place and before the justices in the summons mentioned, to depose, if necessary, to the service of the summons. No objection shall be taken to any information, complaint, or summons, for any defect therein in substance or in form, or for any variance between such information, complaint, or summons and the evidence adduced at the hearing; but if any such variance shall appear to the justices to be such that the party has been thereby misled, the justices may adjourn the hearing of the case to some future day.

By section 2, if the person so served with a summons does not appear before the justices at the time and place mentioned in such summons, and it is proved that the summons was served upon him in reasonable time, then the justices may, upon the matter of such information or complaint being satisfactorily substantiated, issue a warrant to apprehend the party so summoned, and to bring him before them to answer the information or complaint, and to be further dealt with according to law. In the case of an information, instead of issuing such

summons as aforesaid, they may issue in the first instance a warrant for apprehending the person against whom such information is laid, and bringing him before them to answer it, and to be further dealt with according to law; or if, where a summons is issued, and the party fails to appear in obedience to it, then, upon proof of service, the justices may proceed ex parte to hear such information or complaint, and to adjudicate thereon, as if such party had appeared before them in obedience to the summons. (See section 41 of Summary Jurisdiction Act, 1879.)

By section 3, every such warrant as aforesaid shall be under Warrants. the hand and seal or hands and seals of the justice or justices issuing it, and may be directed either to any constable or other person by name, or generally to the constable of the parish or other district within which it is to be executed without naming him, or to such constable and all other constables within the county or other district within which the justice or justices issuing such warrant have jurisdiction, or generally to all the constables within such county or district, and it shall state shortly the matter of the information or complaint on which it is founded, and shall name or otherwise describe the person against whom it has been issued, and shall order the constable or other person to whom it is directed to apprehend the said defendant and to bring him before one or more justice or justices of the peace (as the case may require); and it shall not be necessary to make such warrant returnable at any particular time, but the same may remain in full force until it shall be executed; and such warrant may be executed by apprehending How the defendant at any place within the district within which the executed. justices issuing the same shall have jurisdiction, or, in case of fresh pursuit, at any place in the next adjoining county or place within seven miles of the border of such district without having such warrant backed as hereinafter mentioned; and where such warrant shall be directed to all constables or peace officers within the district within which the justices issuing the same shall have jurisdiction, any constable or other peace officer for any place situate within the limits of the jurisdiction may execute such warrant as if it were directed specially to such constable by name, and notwithstanding that the place in which such warrant shall be executed is not within the place for which he, is constable or peace officer. Certain provisions of 11 & 12 Vict. c. 42, as to backing of warrants are to extend to warrants issued under this Act. No objection allowed for want of form in the warrant, or for any variance between it and evidence adduced; but if the party charged is deceived by the variation, he may be committed or discharged upon recognizance; but if he fail to reappear the justice may transmit the recognizance to the clerk of the peace, after certifying on the back the nonappearance.