transferring any licence, or the fitness of the person applying for such licence, or of the house intended to be kept by such person, shall arise, such question shall be determined by the majority of justices, not disqualified, who shall be present when such question shall arise; and every licence granted under the authority of this Act shall be signed by the majority of the justices, not disqualified, who shall be present when such licence shall be granted." Id. s. 9.

How, when applicant cannot attend] " If any person intending to apply at the general annual licensing meeting, or at any adjournment thereof, or at any special session, for any licence to be granted under the authority of this Act, or for the transfer of any such licence, shall be hindered by sickness or infirmity, or by any other reasonable cause, from attending in person at any such meeting, it shall be lawful for the justices there assembled to grant or transfer such licence to such person so hindered from attending, and 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." Id. s. 12.

Licence, and how long in force.] "Every licence, which shall be granted under the authority of this Act, shall be according to the form in the schedule hereunto annexed (marked C.), and shall be in force in the counties of Middlesex 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." Id. s. 13. The following is the form of the licence:

At the General Annual Licensing Meeting [or an Adjournment of the General Annual Licensing Meeting, or at a special petty session] of Her Majesty's justices of the peace acting for the division [or liberty, &c. as the case may be] of in the county of holden at -on the day

of in the year one thousand eight hundred and --, for the purpose of granting licences to persons keeping inns, Alehouses, and Victualling-houses, to sell excisable liquors by re

tail, to be drunk or consumed on their premises, we, being of Her Majesty's justices of the peace acting for the said county, [or liberty, &c. &c., as the case may be,] and being the majority of those assembled at the said session, do hereby authorize and empower A. L., now dwelling at in the parish of and keeping [or intending to keep] an Inn, Alehouse, or Victualling-house at the sign of the in the of in the division and county aforesaid, to sell by retail therein, and in the premises thereunto belonging, all such excisable liquors as the said A. L. shall be licensed and empowered to sell under the authority and permission of any excise licence, and to permit all such liquors to be drunk or consumed in his said house or in the premises thereunto belonging; provided that he [or she] do not fraudulently dilute or adulterate the same, or sell the same knowing them to have been fraudulently diluted or adulterated; and do not use in selling thereof any weights or measures that are not of the legal standard; and do not wilfully or knowingly permit drunkenness or other disorderly conduct in his [or her] house or premises; and do not knowingly suffer any unlawful games or any gaming whatsoever therein; and do not knowingly permit or suffer persons of notoriously bad character to assemble and meet together therein; and do not keep open his or her house, except for the reception of travellers, nor permit or suffer any beer or other excisable liquor to be conveyed from or out of his [or her] premises, during the usual hours of the morning and afternoon divine service in the church or chapel of the parish or place in which his [or her] house is situated, on Sundays, Christmas-day, or Good Friday, but do maintain good order and rule therein; and this licence shall continue in force from the day of next until the longer: provided

day of then next ensuing, and no that the said A. L. shall not in the meantime become a sheriff's officer, or officer executing the process of any court of justice, in either of which cases this licence shall be void. Given under our hands and seals on the day and at the place first above written.

Fees.] The only fees payable, are paid to the clerk of the justices, and amount to 7s. 6d.; namely, 5s. for the licence, 18. 6d. for the precepts, and 1s. for the petty constable; and if the clerk of the justices demand or receive more, he is liable to a penalty of 51. Id. s. 15.

No excise licence, until justices' license first obtained.]“ No licence for the sale of any excisable liquors by retail, to be drunk or consumed on the premises of the person licensed, shall be granted by the commissioners of excise, or by any officer of excise, to any person whatsoever, unless such person shall have previously obtained from the justices a licence under this Act, and which said licence of such justices shall be re

tained by such person after being produced to the commissioners or officers of excise; and every licence granted by the commissioners of excise, or by any officer of excise, contrary to this provision, shall be null and void to all intents and purposes. Id. s. 17.

Selling without licence.] Every person who shall sell, barter, exchange, or for valuable consideration otherwise dispose of, any excisable liquor by retail, to be drunk or consumed in his house or premises, or shall permit or suffer any excisable liquor to be sold, bartered, exchanged, or otherwise disposed of for valuable consideration, by retail, to be drunk or consumed in his house or premises, without being duly licensed so to do; and every person being duly licensed, who shall sell, barter, exchange, or for valuable consideration otherwise dispose of, or shall permit or suffer to be sold, bartered, exchanged or otherwise disposed of for valuable consideration, any excisable liquor by retail, to be drunk or consumed in his house or premises, not being the house or premises specified in such licence, -shall respectively for every such offence, on conviction before one justice, forfeit and pay any sum not exceeding twenty nor less than five pounds, together with the costs of the conviction provided always, that no penalty for such sale, barter, exchange, or other disposal of any such liquor by retail without licence, shall be incurred by the heirs, executors, administrators, or assigns of any persons licensed under this Act, who shall die, become bankrupt, or take the benefit of any Act for the relief of insolvent debtors, before the expiration of his licence, so as such sale, barter, exchange, or other disposal of such liquor be made in the house or premises specified in such licence, and take place prior to the special session then next ensuing, unless such special session shall be holden within fourteen days next after the death, bankruptcy, or insolvency of the said person, and in any such case to the special session which shall be holden next after such special session aforesaid." Id. s. 18.

Conviction for selling without licence; as post, p. 33 :-" For that the said A.B. on· at⋅ ——a certain quantity of a certain excisable liquor, to wit, one quart of ale, did sell [or did permit and suffer to be sold, or as the case may be] by retail, to be drunk and consumed in the house and premises of the said A. B. at

aforesaid, he the said A. B. not being then duly licensed so to do, and not being then the heir, executor, administrator or assignee of any person duly licensed so to do, against the form of the statute in such case made and provided. Whereby," &c. Conviction for selling in other than licensed premises; as post, p. 33:-"For that the said A. B. on at being then and there a person duly licensed to sell excisable liquors, to

be drunk and consumed in his house, situate at [here describe it] or in the premises thereunto belonging, as in his said licence is mentioned and described, a certain quantity of a certain excisable liquor, to wit, one quart of ale, did sell [or did permit and suffer to be sold, or as the case may be] by retail, to be drunk and consumed in a certain other house of him, the said A. B. situate at aforesaid, the said last-mentioned house not being the house or premises in the said licence specified or any premises thereunto belonging, and the said A. B. not being then the heir, executor, administrator, or assignee of any person duly licensed to sell excisable liquors, to be drunk or consumed in the said house, situate at · as last aforesaid; against the form of the statute in such case made and provided. Whereby," &c.

Not selling by standard measure.] "Every person hereby licensed to sell excisable liquors by retail, to be drunk or consumed in his house or premises, shall, if required, sell or otherwise dispose of all such liquors by retail therein (except in quantities less than a half pint) by the gallon, quart, pint, or half pint measure, sized according to the standard, and shall also, if required by any guest or customer purchasing such liquor, retail the same in a vessel sized according to such standard; and in default thereof, he shall for every such offence forfeit the illegal measure, and pay a sum not exceeding forty shillings, together with the costs of the conviction, to be recovered, within thirty days next after that on which such offence was committed, before any one justice; and such penalty shall be over and above all penalties to which the offender may be liable under any other act." Id. s. 19.

Conviction, as post, p. 33:-For that A. B. on —

at

being then a person duly licensed to sell excisable liquors by retail, to be drunk and consumed in his house or premises, did sell a certain quantity of a certain excisable liquor, to wit, three quarts and one pint of ale, by retail, in his said house and premises, to one C. D. as and for one gallon of ale; and although the said A. B. was then and there required by the said C. D. to sell the same to him the said C. D. by a gallon measure sized according to the standard, yet the said A. B. then and there refused so to do, and therein then and there made default, and on the contrary thereof he the said A. B. did then and there sell the said ale to the said C. D. according to a measure much less, to wit, one pint less, than the standard gallon; against the form of the statute in such case made and provided. Whereby," &c.

Not closing house, in case of riot, &c.] "It shall be lawful for any two justices acting for any county or place, where any riot or tumult shall happen or be expected to take place, to

order or direct that every person licensed, under this act, and keeping any house situate within their respective jurisdictions in or near the place where such riot or tumult shall happen or be expected to take place, shall close his house at any time which the said justices shall order or direct; and every such person who shall keep open his house at or after any hour at which such justices shall have so ordered or directed such house to be closed, shall be taken and deemed to have not maintained good order and rule therein." Id. s. 20. See post, p. 30.

Offences against the licence.] "Every person licensed under this act, who shall be convicted before two justices acting in and for the division or place in which shall be situate the house kept or theretofore kept by such person, of any offence against the tenor of the licence to him granted, shall, unless proof be adduced to the satisfaction of such justices that such person had been theretofore convicted before two justices, within the space of the three years next preceding, of some offence against the tenor of the licence subsisting at the time when such last-mentioned offence was committed, be adjudged by such justices to be guilty of a first offence against the provisions of this act relative to the maintenance of good order and rule, and to forfeit and pay any sum not exceeding five pounds, together with the costs of the conviction; but if proof shall be adduced to the satisfaction of such justices, that such person had been previously convicted before two justices, within the space of the three years next preceding, of one offence only against the tenor of the licence subsisting at the time when such last-mentioned offence was committed, such person shall be adjudged by such justices to be guilty of a second offence against the provisions of this act as aforesaid, and to forfeit and pay any sum not exceeding ten pounds, together with the costs of the conviction." Id. s. 21.

Upon referring to the licence, ante, p. 24, the reader will perceive that there are seven offences prohibited by it. The following is a list of them; and I have annexed to each, the form of stating it in a conviction :—

1. That he do not fraudulently dilute or adulterate the same (excisable liquors), or sell the same, knowing them to have been fraudulently diluted or adulterated.

Conviction, as post, p. 33, For that he the said A. B. on

at -, being then and there a person licensed to sell excisable liquors by retail, under and by virtue of a certain Act of Parliament made and passed in the ninth year of the reign of our late sovereign lord King William the Fourth, intituled, "An Act to regulate the granting of licences to keepers of inns, alehouses, and victualling houses in England;"* did then and