whom he may depute, and will then be considered given by him as though he had personally served them. (g)

The place of holding a Special Session is in the dis- Place of holding cretion of those who have power to convene it, so that a Special Session. it is within their jurisdiction; but it must be distinctly

specified in the precepts and notices. (h)

for the same

Where a Special Session is directed to be holden for Not to be holden some particular purpose, and two sets of magistrates by different sets have concurrent jurisdiction within the district, the first of magistrates meeting holden by either after regular notice is the only purpose. proper session, and determines the authority. At this meeting the other set of justices may attend and vote; but they cannot hold a subsequent meeting for the same purpose; and if they assume to do so they will be liable to indictment, even without evidence of corrupt motive. (i)

The last act, 9 Geo. 4. c. 61, relating to the licensing Annual Special and government of inns, alehouses, and victualling Session for licensing alehouses, gives such new and important directions for the houses. holding of an ANNUAL SPECIAL SESSION for the accomplishment of its purposes, and for holding other Special Sessions auxiliary thereto, and invests such sessions with powers so extensive and peculiar, that it seems desirable to introduce in this place its more important provisions.

S. 1.

general annual

The first section of this statute prescribes the time and 9 Geo. 4. c. 6. place of holding the General Annual Licensing Meeting in the following terms:-" In every division of every Time and place county and riding, and of every division of the county of holding the of Lincoln, and in every hundred of every county not licensing being within any such division, and in every liberty, di- meeting. vision of every liberty, county of a city, county of a town, city and town corporate, in that part of the United Kingdom called England, there shall be annually holden a Special Sessions of the justices of the peace (to be called the General Annual Licensing Meeting), for the purpose of granting licenses to persons keeping or being about to keep inns, alehouses, and victualling houses, to sell excisable liquors by retail to be drunk or consumed on the premises therein specified; and that such meetings shall be holden in the counties of Middlesex Time of holding and Surrey within the first ten days of the month of in Middlesex and March, and in every other county on some day between Surrey.

The King v. the Justices of Suffolk, 6 B. and C. 110.

(h) Dalt. J. c. 185.

(i) The King v. Sainsbury and another, 4 T. R. 451.

in other coun

ties.

Time of holding the twentieth day of August and the fourteenth day of September inclusive; and that it shall be lawful for the justices acting in and for such county or place assembled at such meeting or at any adjournment thereof, and not as hereinafter disqualified from acting, to grant licenses for the purposes aforesaid to such persons 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."

Mode of con

vening the gene

ral annual licensing meeting,

s. 2.

Notices where affixed.

Adjournment of such general annual licens

s. 3.

The mode of convening such general annual licensing meeting is by section 2. thus regulated:" In every such division or place as aforesaid there shall be holden, twentyone days at the least before each such general annual licensing meeting, a Petty Session of the justices acting for such county or place, the majority of whom then present shall by a precept under their hands appoint the day, hour, and place upon and in which such general annual licensing meeting for such division or place shall be holden, and shall direct such precept to the high constable of the division or place for which such meeting is to be holden, requiring him within five days next ensuing that on which he shall have received such precept, to order the several petty constables or other peace officers within his constablewick to affix or cause to be affixed on the door of the church or chapel, and where there shall be no church or chapel, on some other public and conspicuous place within their respective districts, a notice of the day, hour, and place at which such meeting is appointed to be holden, and to give to, or to leave at the dwelling house of, each and every justice acting for such division or place, and of each and every person keeping an inn, or who shall have given notice of his intention to keep an inn, and to apply for a license to sell excisable liquors by retail to be drunk or consumed on the premises, within their respective districts, a copy of such notice."

A power of adjourning such general annual licensing meeting is by sect. 3. given as follows:-" It shall be lawing meeting, ful for the justices acting at the general annual licensing meeting, and they are hereby required to continue such meeting by adjournment to such day or days, and to 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 license; 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 and September in every other county."

other Special

To facilitate the transfer of licenses at any period of Appointment of the year, the fourth section thus directs the appointment Sessions to faciof Special Sessions auxiliary to the general meeting: litate the transfer "The justices assembled at the General or Quarter Ses- of licenses, s. 4. sion, which shall be holden at Michaelmas next after the passing of this act, and at the general annual licensing meeting in 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 holden, 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 hereinafter 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 hereinafter enacted to be licensed to sell exciseable liquors by retail to be drunk or consumed on the premises."

of other Special

In order that the arrangements made by the general Notices of admeeting, either for its own future meeting by adjourn-journment or ment, or for the holding of the Special Sessions appointed Sessions for the by its vote, may be known, the fifth section proceeds to purposes of this direct," That whenever the justices shall have ordered act, s. 5. any such adjournment of the general annual licensing meeting, or shall have appointed such Special Sessions as aforesaid, the day, hour, and place, for holding every such adjourned meeting, and every such Special Session, shall be appointed by precept of the majority 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."

The sixth section thus disqualifies all justices who are Justices disqualiinterested, or may reasonably be supposed interested, from fied from acting, acting in the disposition of applications for licenses;- s. 6. "No justice who shall be a common brewer, distiller, maker of malt for sale, or retailer of malt, or of any excise

able liquor, or who shall be concerned in partnership with any 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 licenses under this act, or shall take part in the discussion or adjudication of the justices upon any application for a license, 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 justice shall be either by blood or by marriage the father, son, or brother, or of whom such justice shall be the partner in any other Penalty for act- 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 one hundred pounds; 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."

ing.

County justices empowered to

act in corporate jurisdictions

justices, s. 7.

The 7th section thus empowers the county justices to attend and act at the annual licensing meeting when holden for a corporate or inferior jurisdiction when there where there are are not two justices present legally competent to act :— not two qualified Whenever at any of the meetings to be holden as aforesaid, for any liberty, county of a city, county of a town, city or town corporate, there shall not be present at least two justices acting in and for any such liberty, county of a city, county of a town, city or town corporate, who are not disqualified, it shall be lawful for the justices acting in and for the 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 justice or justices thereof, not as hereinbefore disqualified, who shall be present at any such meeting as aforesaid, for the purpose of granting or transferring licenses under, or of hearing complaints as to offences against this act, any law, custom, or usage to the contrary notwithstanding.”

exempted, s. 8.

majority present,

s. 9.

But by section 8 the Cinque Ports are exempted from Cinque Ports this last provision. By section 9 the mode of deciding on licenses is thus Questions to be ascertained:-"When (at any of the meetings aforesaid) any decided by the question touching the granting, withholding, or transferring any license, or the fitness of the person applying for such license, 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 license granted under the authority of this act shall be signed by the majority of the justices, not disqualified, who shall be present when such license shall be granted."

The 10th section regulates the notices of application to Notices required license houses not previously licensed thus :— That every for licences for from applicants person intending to apply for a license to sell exciseable houses not preliquor by retail, to be drunk or consumed in any house not viously licensed, theretofore kept as an inn, shall affix, or cause to be s. 10.

affixed, a notice 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, on three several Sundays, between the first day of January and the last day of February, in the counties of Middlesex 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 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 elsewhere 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 authorised, 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 license to sell exciseable liquors by retail, to be drunk or consumed in such house or premises. (k)

(k) The following is the form of the notice referred to :