or place, if such meeting shall take place before any such special session shall be holden; and such justices shall issue their summons to the person so charged to appear at such special session, or at such general annual licensing meeting, then and there to answer to the matter of such charge; and shall bind the person who shall make such charge, and any other person who shall have any knowledge of the circumstances thereof, in a sufficient recognizance to appear at such special session, or at such general annual licensing meeting, then and there to prosecute, and to give evidence upon such charge: and if proof shall be adduced to the satisfaction of such justices assembled at such special session, or at such general annual licensing meeting, that such person so charged is guilty of the offence with which he is so charged, such person shall be adjudged to be guilty of a third offence against the provisions of this act as aforesaid, and to forfeit and pay any sum not exceeding £50, together with the costs of the conviction: provided always, that if at any time before the hearing of any such last-mentioned charge, the justices assembled as aforesaid shall in their discretion think fit to direct that the hearing of such charge shall be adjourned to the general or quarter session of the peace then next ensuing, there to be inquired of by a jury, or if the person so charged shall, in writing under his hand, request the said justices to direct that the hearing of such charge shall be so adjourned as aforesaid, the said justices are hereby required to direct that the hearing of such charge shall be so adjourned, provided that the person who shall have made such request shall, before such justices so assembled, forthwith enter into a recognizance with two sufficient sureties, personally to appear at the said general or quarter session, and to try such charge, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and the said justices are hereby required to bind in a recognizance to appear at such general or quarter sessions as aforesaid, then and there to give evidence against the person so charged, the person who shall make such charge, and any other person who shall have any knowledge of the circumstances thereof; and it shall be lawful for the said court of general or quarter session to direct a jury then and there duly impanelled, to be sworn to inquire of the offence so charged to have been committed, and upon their verdict of guilty,' to adjudge such person to be guilty of a third offence against the provisions of this act as aforesaid, and such verdict and adjudication shall be final to all intents and purposes; and to punish such offender by fine, not exceeding the sum of £100, or to adjudge the license granted to and held by or on behalf of such offender, to be forfeited and void, or to punish such

offender by such fine as aforesaid, and to adjudge such license to be forfeited and void; and if such license shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly; and every excise license for selling any exciseable liquors by retail, then held by or on behalf of such offender, shall also be void; and if the license of such offender shall be so adjudged to be void, such offender shall, from and after such last-mentioned adjudication, be deemed and taken to be incapable of selling exciseable liquors by retail in any inn kept by him for the space of three years, to be computed from the time of such adjudication; and any license granted to such person during such term shall be void to all intents and purposes: provided also, that the court may, upon sufficient cause shown, adjourn the hearing of such charge to the then next general or quarter session of the peace, when the same shall be finally determined."

Binding Peace-Officer to Prosecute.]-When a charge of a third offence is adjourned to the session, the justices may, by 9 G. IV. c. 61, s. 22, order the constable or peace-officer of the district to prosecute, and in such cases the expenses of the prosecutor and witnesses are payable out of the county rates.

Appeal given against refusal of Special Session to grant or transfer License.]-But the most important alteration of the law effected by this act is that which is made by the 27th section, which gives an appeal to the quarter session against the refusal of the licensing magistrates to grant or transfer a license. The general words, " any act done by any justice," might seem at first not necessarily to apply to such refusal ; but by the clause, the word "justice" is to be construed to apply to any number of justices; and the subsequent provisions of the clause especially regulating the appeal, clearly show the intention of the legislature to grant it. This section is as follows:-" That any person who shall think himself aggrieved (h) by any act (i) of any justice (k) done in or concerning the execution of this act, may appeal (1) against such

(h) The party thus permitted to appeal must be a person immediately aggrieved by the act of the justice, as e. g., by refusal of a license or fine, &c., and not one who is merely consequentially aggrieved; thus the grant of a license to a house to sell exciseable liquors which had not before been so licensed, is not a subject of appeal to the quarter sessions, in respect of the possible injury to a neighbouring house which had been

similarly licensed for sixteen years, and the sessions were held right in refusing to hear the appeal. R. v. Middlesex (Justices), in re Spicer, 3 B. & Adol. 938, cited 2 Q. B. R. 100.

(i) See sect. 6, ante; and 2 Q. B. R. 103.

(k) See sect. 37 for the meaning of these words. Cited 2 Q. B. R. 100.

(1) If the appeal is against the refusal of borough justices to grant an alehouse

act to the next general or quarter sessions of the peace holden for the county or place wherein the cause of such complaint shall have arisen, unless such session shall be holden within twelve days next after such act shall have been done, and in that case to the next subsequent session holden as aforesaid, and not afterwards; provided that such person shall give to such justice notice in writing (m) of his intention to appeal, and of the cause and matter thereof, within five days next after such act shall have been done, and seven days at the least before such session, and shall, within such five days, enter into a recognizance with two sufficient sureties, before a justice acting in and for such county or place as aforesaid, conditioned to appear at the said session, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody for any offence in reference to which the act intended to be appealed against shall have been done; and the court at such session shall hear and determine the matter of such appeal, and shall make such order therein, with or without costs, as to the said court shall seem meet; and in case the act appealed against shall be the refusal to grant or to transfer any license, and the judgment under which such act was done be reversed, it shall be lawful for the said court to grant or to transfer such license, in the same manner as if such license had been granted at the general annual licensing meeting, or had been transferred at a special session; and the judgment of such court shall be final and conclusive to all intents and purposes: and in case of the dismissal of such appeal, or of the affirmance of the judgment on which such act was done, and which was appealed against, the said court shall adjudge and order the said judgment to be carried into exe

license, it lies not to quarter sessions, granted to the borough since 5 & 6 W. IV. c. 76 (see s. 105, post), but to the general or quarter sessions of the county at large. Reg. v. Deane and others, 2 Q. B. R. 96, 103, (the Reading case). Quære, however, in counties of cities or towns having a grant of separate quarter sessions.

(m) This notice, if against a conviction made under s. 21, must be served on both the convicting justices, or the appeal will not be heard. This was so held in a case where the notice of appeal to the next quarter session was served on one of those justices only;-the conviction was returned

to those sessions, signed by that justice only, and the copy obtained there by appellant's attorney bore only his signature.. However it was sworn, that before the conviction was filed there, the convicting justice signed it. The court held

he might so sign it at the sessions; but that as the appellant at the time he gave the notice of appeal knew only of a conviction by the two justices, and had not before the sessions had any copy signed by one only, he should have served his notice of appeal on them both. The sessions were right in refusing to hear the appeal. Reg. v. Cheshire, (Js.) 11 Ad. & E. 139.

cution, and costs awarded to be paid, and shall, if necessary, issue process for enforcing such order; provided that no justice shall act in the hearing or determination of any appeal to the general or quarter sessions as aforesaid, from any act done by him in or concerning the execution of this act provided also, that when any cause of complaint shall have arisen within any liberty, county of a city, county of a town, city, or town corporate, it shall be lawful for the person who shall think himself so as aforesaid aggrieved, to appeal against any such act as aforesaid, if he shall think fit, to the quarter sessions of the county within or adjoining to which such liberty or place shall be situate, subject to all the provisions herein before contained."

Costs of Appeal.]-The court may, by 9 G. 4, c. 61, s. 29, order costs to the magistrates, if the appeal be abandoned or dismissed, to be paid by the appellant; if the appellant make default he may be committed; and if the judgment of the magistrates be reversed, the court may, if they think fit, order the treasurer of the county to pay them a sum sufficient to indemnify them against their expenses. See 11 Ad. & E. 141.

SECTION V.

OF SPECIAL SESSIONS FOR BUSINESS OF HIGHWAYS.

Diverting Highways.]—We have seen on what day the holding several special sessions for the general business of the highways must be fixed in each year (n). The power of special or petty sessions to divert highways has ceased with the repeal of 13 G. III. c. 78, and 55 G. III. c. 68, by 5 & 6 W. IV. c. 50, which vests this power in other hands, subject to appeal to a jury to be impanelled at quarter sessions. [See post, Chap. XII.]

Number of Special Sessions for Highways.]-Two or more of the justices, within their respective divisions, shall hold not less than eight nor more than twelve special sessions in every year for executing this act; the days of the holding them to be appointed at a special sessions to be held within fourteen days after the 20th March in every year. No notice need be given or sent to any justice acting or residing within such limits, of the day or time of holding such sessions (o).

Surveyors of Highways.]—Surveyors of the highways, formerly

(n) Ante, p. 16. See Shelford's late work on the Highway Act.

(0) 5 & 6 W. IV. c. 50, s. 45.

appointed in special sessions, are now elected annually by the inhabitants of the parish in vestry, at their first meeting for nominating overseers of the poor (p). Or if no such meeting takes place, then at a meeting of inhabitants contributing to the highway rate, at their usual place of public meeting, on 25th March; or if that should be a Sunday or Good Friday, then on the day next following, or within fourteen days next after such 25th March one or more persons may be appointed to serve the office of surveyor, and may be re-elected (q). No person who at the passing of this act was exempted from serving the office of overseer is liable to serve this; and a person elected surveyor may provide a sufficient deputy, to be approved of by the justices in writing under their hands, at a special sessions for the highways (r), and to have the same power, and be subject to the discharge of the same duty, and to the same penalties as a surveyor (s). In parishes exceeding 5,000 in population, two-thirds of the vestrymen may nominate not above twenty nor less than five householders, assessed to poor rate, and liable to highway rate, to serve the office of "surveyors of the highways" for the year ensuing. These surveyors, or three of them, are to act as a board, and to carry into effect the Highway Act, and to appoint collectors of highway rates, an assistant surveyor, a clerk, treasurer, &c. (t).

Omission to elect Surveyor.]—If it appears on oath to the justices at a special session for the highways that the inhabitants of any parish have not elected such a surveyor or surveyors, or that the outgoing surveyor (except directed by the inhabitants so to do) has delivered no statement of the name and residence of his successor or successors (as directed by s. 10), or that the surveyor is dead, or has ceased to possess the qualification required by s. 7, or is become disqualified in any manner mentioned in the act, or has neglected to act, or refused to carry into operation the duties imposed on him by this

rately, and after it passed, elected one or more persons as surveyors, who formed a board for the parish, but rated the tithings separately as before the act. It was held, that the parish at large, being thus divided, had no power to appoint a board under sect. 18; and a highway rate made by that board for one of the tithings was quashed in Q. B. The custom of making a separate rate for each tithing by its own surveyors was thus sanctioned as unaltered by the act.