4 & 5 W. 4. c. 85. Not to affect duty on licences to retail cyder the same as fully and effectually as if repeated and re-enacted in this act." § 15. "Provided always, and be it further enacted, that nothing herein contained shall affect, or be deemed or construed to affect, the amount of duty payable according to the provisions of the said and perry, but recited act on licences to retail cyder and perry; but in every such licence shall be specified whether the same is granted for the sale of cyder and perry by retail to be drank or consumed not in or upon the house or premises where sold, or for the retail of cyder and perry to be drank or consumed in or upon the house and premises where sold." such licences to state particulars. Licences under this act not to authorize persons to hold licences for sale of wine. Penalty on persons licensed under this act permitting wine or spirits to be consumed on the premises. Penalty on unlicenced per sons selling beer and cyder by retail, to be drank off the premises, 107; to be drank on the premises, 201. The board over the door to state "Not the premises," to be drunk on or "To be drunk on the premises." § 16. "No licence to be granted under the said recited act and this act for the sale of beer or cyder, shall authorize any person to take out or hold any licence for the sale of wine, spirits, or sweets or made wines, or mead or metheglin; and if any person licensed under the said recited act and this act to sell beer or cyder shall permit or suffer any wine or spirits, sweets or made wines, mead or metheglin, to be brought into his house or premises to be drunk or consumed there, or shall suffer any wine, spirits, sweets, mead or metheglin to be drunk or consumed in his house or premises by any person whomsoever, such person shall, over and above any excise penalty or penalties to which he may be subject, forfeit twenty pounds, to be recovered, levied, mitigated, and applied in the same manner as other penalties (not being excise penalties) are by this act to be recovered, levied, mitigated, and applied." § 17. "Every person not being duly licensed to sell beer, cyder, and perry, as the keeper of a common inn, alehouse, or victualling house, who shall sell any beer or cyder or perry by retail, not to be drank or consumed in or upon the house or premises where sold, without having an excise retail licence in force authorizing him so to do, shall forfeit ten pounds; and every person not being duly licensed to sell beer, cyder, and perry, as the keeper of a common inn, alehouse, or victualling house, who shall sell any beer, cyder, or perry by retail, to be drank or consumed in or upon the house or premises where sold, without having an excise retail licence in force authorizing him so to do, whether such person shall or shall not be licensed to sell beer to be drank or consumed off the premises where sold, shall forfeit twenty pounds; which said penalties shall be sued for and recovered, mitigated and applied, by the same means and under the same provisions as any other penalty may be sued for and recovered, mitigated and applied, under any law or laws of excise." § 18. "Every person who shall be licensed to sell beer or cyder or perry by retail, under the authority of the said recited act and this act, shall, on the board by the said act required to be placed over the door of every person licensed under the same, paint or cause to be painted and kept thereon, after the words "Licensed to sell beer or cyder by retail," the additional words "Not to be drunk on the premises," or "To be drunk on the premises," as the case may be, on pain of forfeiting the penalty by the said act imposed for not having such board affixed and continued over the door." § 19. “And whereas doubts are entertained as to what is a sel- 4 & 5 W. 4. ling of beer or cyder or perry by retail; be it therefore enacted, c. 85. that every sale of any beer, or of any cyder or perry, in any less quantity than four gallons and a half, shall be deemed and taken to be a selling by retail." 20. "And whereas doubts have been entertained whether persons licensed to sell beer or cyder under the said act of the first year of his majesty's reign, who shall sell spirits or wine, or sweets or made wines, or mead or metheglin, without being licensed so to do, are liable to the penalties imposed by the laws of excise for selling spirits or wine, or sweets or made wines, or mead or metheglin without licence; be it therefore declared and enacted, that all persons licensed under the said recited act and this act, selling wine or spirits, or any sweets or made wines, or mead or metheglin, shall be liable to and shall incur all the penalties imposed by the laws of excise for selling spirits or wine, sweets or made wines, mead or metheglin, without licence." 21. "Provided always, and be it further enacted, that such certificate shall not be required as to any house situated within the cities of London and Westminster, or within any parish or place within the bills of mortality, nor within any city or town corporate, nor within the distance of one mile from the place used at the last election as the place of election or polling place of any town returning a member or members to parliament, provided that the population, to be determined according to the last parliamentary census that shall have been taken in such city, town corporate, or town returning a member or members to parliament, shall exceed five thousand: Provided always, that no licence for the sale of beer, ale, porter, cyder, or perry by retail on the premises in the cities of London and Westminster, or in any parish or place within the bills of mortality, or in any such city or town corporate, or town returning a member or members to parliament as herein-before mentioned, shall be granted from and after the 5th day of April 1836, unless the house or premises required to be specified as the house or premises in which beer or cider is intended to be sold shall be of the value of 10l. per annum." § 22. "Provided always, and be it further enacted, that no summons or order issued by any justice of the peace or other magistrate shall be deemed to be legally served unless it shall be served by some constable, special constable, police or other peace officer." What is a re tailing of beer, cyder, or perry. Persons licensed to sell beer or cyder under this act liable to penalties for selling spirits or wine without licence. Certificate not to be required for houses in certain situations, if population exceed 5000. Service of summons or order. 23. "This act shall commence and take effect from and after Commencethe 10th day of October in the present year." ment of act. SCHEDULE to which the Act refers. Form of Certificate. WE, the undersigned, being inhabitants of the parish [or, town- 4 & 5 W. 4. c. 85. street, lane, &c.] in the said parish [or, township, &c.] is a person of good character. [Here insert the day of signing the certificate.] I do hereby certify, that all the above-mentioned persons whose names are subscribed to this certificate are inhabitants of the parish [or, township, &c.] of rated to 6l. to the relief of the poor of the said parish. C. D. [Overseer of the parish or township, &c.] Date. Form of Licence. WE, the undersigned, being of the commissioners of excise, [or, I, the undersigned, being a person authorized and employed by the commissioners of excise to grant licences for selling beer, ale, and porter [or, cyder and perry, as the case may require,] by retail, or being a collector or supervisor of excise for the collection or district of — -] do hereby authorize and empower A. B., now being a householder, and dwelling in a house in [here specify street, &c.] in the parish [or, township, &c.] of -within the limits of the chief office of excise [or, within the limits of the said collection or district], to sell beer, ale, and porter [or cyder and perry] by retail, in order that it may be consumed in the said dwelling house of the said A. B., and in the premises thereunto_belonging, the said A. B. having duly entered into a bond with D. S. of and E. S. of, as his [or, her] surely [or, sureties], and having deposited a certificate, signed by six persons, videlicet [here set out the names and residences of the persons signing the certificate], and by C.D. the overseer of the said parish [or, township, &c.] according to the statute in such case made; provided and upon condition that the said A. B. do not sell any beer, ale, or porter made otherwise than from malt and hops [omit these words in licences to retail cyder and perry], nor mix or cause to be mixed any drugs or other pernicious ingredients in any beer, ale, or porter [or, in any cyder or perry], nor fraudulently dilute, deteriorate, or adulterate any beer, ale, or porter [or, any cyder or perry], nor sell any beer, ale, or porter [or, any cyder or perry], knowing the same to have been fraudulently diluted, deteriorated, or adulterated, nor use, in selling any beer, ale, or porter [or, any cyder or perry], any measures which are not of the legal standard, or wilfully or knowingly permit any drunkenness, or any violent or quarrelsome or other disorderly conduct in his [or, her] house or premises, nor knowingly suffer any unlawful games or any gaming whatsoever therein, nor knowingly permit or suffer persons of notoriously bad character to assemble and meet together therein, but_do_maintain good order and rule therein, nor have or keep his [or, her] house or premises open for the sale of beer, ale, or porter [or, cyder or perry], nor sell any beer, ale, or porter [or, cyder or perry], nor suffer the same to be drunk or consumed in or at such house or premises 4 & 5 W. 4. at any time which, by any order of the justices of the peace made c.85. in pursuance of an act passed in the fifth year of his present majesty's reign, intituled An act to amend an act passed in the first year of his present majesty, to permit the general sale of beer and cyder by retail in England, shall be declared to be unlawful, or at any time before the hour of one in the afternoon, or between the hours of three and five of the clock in the afternoon, or after the hour of ten o'clock in the evening, on any Sunday, Good Friday, Christmas Day, or any day appointed for a public fast or thanksgiving; and [in cases where the licence shall be granted for beer or cyder to be consumed on the premises], all provisions for billetting officers and soldiers in victualling houses_contained in any act for punishing mutiny and desertion, and for the better payment of the army and their quarters, are to extend and apply to the house and premises mentioned in this licence; and this licence shall continue in force from the day of next, until day of then next ensuing, and no longer; provided and upon condition that the said A. B. shall not in the meantime become a sheriff's officer or officer for executing the process of any court of justice; nor shall the said A. B. in the meantime cease to be rated to the relief of the poor in respect of the said house and premises; and this licence shall cease and determine and shall become void in case any of the conditions or regulations contained therein shall be transgressed, or shall not be observed by the said A. B. Given under our hands and seals [or, my hand and seal] this- day of one thousand eight hundred and the at III. Licensing Inns, Alehouses, and Wictualling Houses. To authorize a person to keep a common inn, alehouse, or victualling house, and therein to sell exciseable liquors (a) by retail, to be drunk or consumed on the premises, two licences are necessary first, a magistrates' licence; secondly, an excise licence. Neither is operative alone; both together they become so. v. Dr. Drake, 6 M. & S. 116. Rex v. Downes, 3 T. R. 560. It is proposed, in this place, to treat only of the subject of the magistrates' licence. The consideration of the excise licence will occur hereafter, tit. Excise. [Stat. 9 G. 4. c. 61. § 1. General licensing meetings to be held annually, p. 30, 31. time of holding such meetings, p. 31. § 2. Time and place how to be appointed, p. 31. notice of meetings to be given, p. 31. § 3. Adjournment of meetings, p. 31. 4. Special sessions for transferring licences to be appointed, p. 32. Rex § 5. Notice to be given of the adjournment of the general annual licensing meeting and special sessions, p. 32. 6. What justices shall be disqualified from acting, p. 32. 7. When in liberties, &c. two justices not disqualified do not attend, the county justices may act, p. 33. (a) As to the meaning of the words "exciseable liquors," see 9 G. 4. c. 61. $87. post, p. 47. 4 & 5 W. 4. c. 85. 9 G. 4. c. 61. General licensing meetings $ 8. Powers hereby given to the justices of the county not to extend to the cinque ports, p. 33. $9. Questions respecting licences to be determined, and licences to be signed, by the majority of justices at the meeting, p. 33, 34. 10. Notice of application for a licence to keep a house as an inn, not previously kept as such, p. 34. $11. Notice of application to transfer a licence, p. 34. $12. Any person hindered from attending any licensing meeting by sickness, may authorise another person to attend for him, p. 34. 13. Form of licence, p. 35. 14. Provision for death, change of occupancy, or other contingency, p. 35. duration of licence granted in event of such contingency, p. 36. notices required, p. 36. § 15. Fees to be paid for licences, p. 36. $ 16. penalty for taking larger fees, p. 36. Persons disqualified to hold licences, p. 36. 17. No excise licence to be granted except to a person licensed under this act, p. 36, 37. § 18. Penalty for selling exciseable liquors by retail without licence, p. 37. proviso in case of death, p. 37. $ 19. Licensed persons to use standard measures in sale of liquors, p. 37. 20. Houses to be closed by order of justices in cases of riot, &c. p. 37. § 21. Penalties for offences against tenor of licences, p.38. first offence, p. 38. second offence, p. 38. third offence, p. 38. hearing of the case may be adjourned to the quarter sessions, p. 39. penalty on verdict of "guilty," p. 39. quarter sessions may adjourn the hearing, p. 39. $22. Proceedings at the session in certain cases to be carried on by the petty constable, p. 39. expenses of prosecution to be charged on county rates, p. 40. $ 23. Penalty on witnesses not attending, p. 40. 24. Penalties on justices how to be recovered and applied, p. 40. $ 25. Other penalties how to be recovered, p. 40. $ 26. How penalties are to be applied, p. 41. 27. Appeal may be made to the quarter sessions, p. 41. judgment of the quarter sessions to be final, p. 41. § 28. Justices to bind parties to appear to give evidence at quarter sessions, p. 42. $29. Court to adjudge costs in certain cases, p. 42. § 30. Actions against justices, &c., p. 43. 31. Conviction to be on oath of witnesses, p. 43. $32. Form of conviction, p. 43. 33. Convictions to be returned to the quarter sessions, and filed of record, p. 43. $ 34. Writ of certiorari not to be allowed, p. 43. 35. Commencement of this act, p. 44. Repeal of prior acts, p. 44. § 36. Act not to affect the two universities; nor to alter time of licensing in London, p. 46. nor any law of excise; nor to prohibit the sale of beer at fairs in certain cases, p. 46. 37. Rules for the interpretation of this act, p. 46.] By stat. 9. G. 4. c. 61., intituled An act to regulate the granting of licences to keepers of inns, alehouses, and victualling houses, in England; § 1., after reciting that "it is expedient to reduce into one act the laws relative to the licensing, by justices of the peace, of persons keeping, or being about to keep inns, alehouses, and victualling houses, to sell exciseable liquors by retail, to be drunk or consumed on the premises, in that part of the U. K. called England," it is enacted, "that in every division of every county and riding, and of every division of the county of |