same manner in all cases; the place of imprisonment, &c. is omitted, as the 11 & 12 Vict. c. 43, ss. 19, 21, 23, 24, authorize it to be in all cases either in the common gaol or house of correction. Where a month is mentioned, it means a "calendar" month, unless words are added showing a lunar month to be intended (13 & 14 Vict. c. 21, s. 4).

IF APPEAL, AND TIME, &c.—This Shows whether or not the Statute allows of an appeal against the conviction or order. The Notes at the foot referred to from this column contain the time and manner of appealing, &c., if an appeal is given.

PENALTY, &c. TO WHOM PAYABLE.--This column shows how, and to whom, and for what purpose, the penalty, damage, &c. is to be paid and applied.

PAGE, &C. OF FORMULIST.-The references to number and pages here given are to "Oke's Magisterial Formulist," where the form of describing the Offences in the Information, Summons or Warrant, or other proceeding, is to be found, with the particular General Forms provided by Jervis's Act to be used for the Conviction, and enforcing it, with the necessary special Variations, &c.

OFFENCES within the 11 & 12 VICT. c. 43.

Statute.

AIDERS AND ABETTORS.

Every person who shall aid, abet, counsel or procure the commission of any offence which is or hereafter shall be punishable on summary conviction [see the section, ante, p. 56].

ALEHOUSES.

I. OFFENCES AGAINST THE LICENCE.

II. OTHER OFFENCES.

11 & 12 Vict.

c. 43, s. 5.

I. OFFENCES AGAINST THE LICENCE (Note 1).

1. Fraudulently diluting or adulterating exciseable liquors.

2. Selling the same, knowing them to have been fraudulently diluted or adulterated.

3. Using, in selling thereof, any weights or measures that are not of the legal standard.

4. Wilfully or knowingly permitting drunkenness, or other disorderly conduct, in his house or premises.

5. Knowingly suffering any unlawful games, or any gaming whatsoever, therein (Note 3).

6. Knowingly permitting or suffering persons of notoriously bad character to assemble and meet together therein.

7. Keeping open house (except for the reception of travellers),

or

9 Geo. 4,

c. 61, s. 21 (Note 2).

(1) Observations on "knowingly" or "wilfully."] A question has been raised as to whether the act must be brought home to the personal knowledge of the innkeeper, or whether its having been committed with the knowledge, permission or connivance of his wife, servant, or other person employed under him in the management of the house, would be sufficient. On the one hand it is contended, that the statute, being a penal one, must be construed strictly; on the other hand it is urged, that the rule qui facit per alium facit per se must be held applicable to these offences, to prevent the intention of the legislature being frustrated (see Stone's Manual, 5th edit. pp. 52, 53). The defendant should be required to produce his licence at the hearing, which may be done in the summons.

(2) Witnesses.] There is a penalty of not exceeding £10 on witnesses neglecting or refusing to attend, or appearing, refusing to be examined (s. 23); see ante, p. 71.

(3) Observations on gaming," &c.] Alehouse and beerhouse keepers may, since the 8 & 9 Vict. c. 109, s. 11, keep a "billiard table or bagatelle board, or instrument used in any game of the like kind," without being licensed, or liable to the penalty for suffering them to be used, for they are no longer unlawful games; but if either of these games, or any other games, as bowles, tennis, and the like, or cards, dice, &c., be played for money or money's worth, or there be betting at the games, with the knowledge of the alehousekeeper, that constitutes "gaming" (see per Cresswell, J., in Foot v. Baker, 6 Scott, N. R. 301, cited at 11 J. P. 444), and if the publican is aware of that fact, it will then come within the provision which prohibits "any gaming whatsoever." Alehouse keepers are ex

[MEM. By sect. 5 of 11 & 12 Vict. c.
49, any constable at any time may
enter into any house or place of
public resort for the sale of wine,
spirits, or other fermented or dis-
tilled liquors, vide Offence, No. 23,
post, p. 134, for penalty.]

1st Offence. Not exc. £5; but on
proof of a prior conviction within
years (a 2nd Offence, Note 4), not
exc. £10; and if proof of two
separate offences within 3 years
(a 3rd Offence, Note 4), case to be
adjourned to next transfer day (a
special session) or annual licensing
meeting, and, on conviction, to
forfeit not exc. £50 (s. 21).
If hearing adjourned to quarter
sessions by justices' order or re-
qu st in writing from the person
charged, the Court may fine not
exc. £100, or adjudge the licence
to be void, or punished by fine
and forfeiture of licence. If li-
cence adjudged void, the holder
to be incapable of selling excise-
able liquors by retail, in any inn,
for 3 years (s. 21).
See over.]

cepted by sect. 11 of the 8 & 9 Vict. c. 109, from taking out a licence for a billiard or bagatelle table, &c., and beerhouse keepers are impliedly so, because they would be debarred by the terms of the licence, prohibiting the sale of exciseable liquors on the premises, from selling therein; and it would therefore be inconsistent to licence them to do that which if done would subject them to a penalty; if they cannot be licenced they could not be convicted of suffering such a table to be used without a licence, when a licence would not protect them (see 10 J. P. 395, 431, 463, 543, 544). If either of these games is played for pastime or amusement only, it is perfectly legal (12 J. P. 670, 734). In the case of Searle v. Justices of St. Martin's (14 J. P. 276, Middlesex Sessions), it was decided, that allowing betting lists of horse races to be exhibited in the alehouse was a gaming within the act 9 Geo. 4, c. 61. Playing at cards and dice is not an "unlawful game," not being prohibited by any statute (14 J. P. 537). See Allport v. Nutt, 14 Law J. Rep. (N. S.) C. P. 272; 1 C. B. 989; nor is the game of dominoes (see Reg. v. Ashton, 22 Law J. (M. C.) 1; 16 J. P. 790).

(4) Proof of Conviction.] The certificate of the clerk of the peace of a conviction is legal evidence of the same (s. 33), coupled with evidence of the identity of the offender. The subsequent offence need not be of the same nature as that of the first, provided it be one of those which are against the tenor of the licence.

(5) Appeal.] To the next general or quarter sessions, unless holden within twelve days after conviction, and then to the next subsequent sessions; provided that appellant give notice in writing to the justices within five days after conviction, and seven days at the

OFFENCES within the 11 & 12 VICT. c. 43.

Statute.

ALEHOUSES-continued.

I. OFFENCES AGAINST THE LICENCE-continued.

8. Permitting or suffering any beer, or other exciseable liquor, to be
conveyed from or out of his premises,

during the usual hours of the afternoon divine service in the
church or chapel of the parish or place in which house is
situated, on Sundays, Christmas Day, or Good Friday.
[See Offences 20-22, as to morning service.]

9. Not maintaining good order and rule therein-[see Offence 14].
[MEM. These words seem to mean no other offence than those before-
mentioned, and to come within the rule as to general words after
specific, referred to ante, p. 55; see 5 J. P. 576, 747; 10 J. P.
491.]

9 Geo. 4,

c. 61, s. 21 (Note 2, ante, p. 130).

II. OTHER OFFENCES.

10. Every person selling, bartering, exchanging, or for valuable consideration otherwise disposing of, any exciseable liquor by retail, to be drunk or consumed in his house or premises,

or

11. Permitting or suffering same, without being duly licensed (Note 6).

Id. s. 18.

12. Permitting or suffering same to be drunk or consumed in his house or premises, not being the house or premises licensed (Note 6).

13. Selling, when required, in other than standard measure (except in
quantities less than half a pint).

[MEM. This is also provided for by the 5 & 6 Will. 4, c. 63, s. 6, tit.
"Weights and Measures," post.]

Id.

Id. s. 19.

least before sessions, and within such five days enter into recognizance with two sufficient sureties before a justice of the county, &c. The notice of appeal must be served on both the justices (R. v. Justices of Cheshire, 9 Law J. 89 m). By s. 28, when a person has given notice of his intention to appeal, and entered into recognizance before a justice, the same justice may summon material witnesses to appear to be bound in recognizance to give evidence on appeal, and on refusal may commit them (vide forms Nos. 27, 28-33, pp. 70, 71, of " Formulist").

(6) Exceptions to Offence; Small or Table Beer; Races and Fairs.] This is not to extend to the heirs, executors, administrators or assigns of any licensed person who shall die, become bankrupt, or take the benefit of any act for the relief of insolvent debtors before the expira

[See preceding page for penalties.]
Recovery.] Levied by distress; if
insufficient distress, impr. for not
exc. 1 cal. m. if penalty not above
£5; not exc. 3 cal. m. if above
£5 and not more than £10; and
not exc. 6 cal. m. if above £10,
unless sooner paid (s. 25).

Binding over prosecutor.] Where the
charge is directed to be adjourned
to the general or quarter sessions,
the justices may, if no other fit
and proper person appear to
prosecute the charge, order the
constable or other peace officer to
carry on the necessary proceed-
ings, and bind him in a sufficient
recognizance so to do (s. 22).

Not exceeding £20 nor less than
£5 (s. 18). "Recovery" under
s. 25 as Offences 8, 9, supra.

tion of his licence, so as such sale, barter, exchange, or other disposal of liquor be made in the licensed house, and take place prior to the special sessions then next ensuing, (unless within fourteen days after death, &c.,) and then to the next special session (s. 18). By 42 Geo. 3, c. 38, s. 18, any person is prohibited from retailing beer at a higher price than a penny halfpenny a quart, without first obtaining a licence, under a penalty of £50; and by sect. 7 it is declared that all beer of the price of 16s. the barrel or under shall be deemed to be table beer. (See General Order of Board of Excise, 13 J. P. 785.) Vide also sect. 36, and Excise Act, 6 Geo. 4, c. 81, s. 11, as to selling at races and at fairs, which are either chartered or established by long usage (15 J. P. 44).