Imatges de pàgina
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Notices required

of a license,

s. 11.

The 11th section defines the preliminaries required to on the transfer an application for the transfer of a license as follows:"That every person holding a license under the authority of this act, or his heirs, executors, administrators, or assigns, being desirous to transfer such license to some other person, and intending to apply at the Special Session then next ensuing for permission so to do, shall, five days at the least prior to such Special Session, serve a notice of such his intention upon one of the overseers of the poor, and upon one of the constables or other peace officers of the parish or place in which the house kept by the person so holding such license is situate, and every such notice shall be written in a fair and legible hand or printed, and shall be according to the form in the schedule hereunto annexed, marked B, and shall be signed by the party intending to make such application, or by his agent thereunto authorized, and shall set forth the christian and surname of the person to whom it is intended that such license shall be transferred, together with the place of his residence, and his trade or calling during the six months previous to the time of sending such notice." (1)

To the Overseers of the Poor and the Constable of the parish and to all whom it may concern:

of

in the

I, A. B. (state the trade or occupation) now residing at parish of in the county of and for six months past having resided at in the parish of - (or in the several parishes of ―) in the county (or in the counties of -,) do hereby give notice, that (if application is intended to be made to a special session here state the cause for such application) it is my intention to apply at the General Annual Licensing Meeting (or at the Special Session) to be holden at to sell exciseable liquors by retail, to be drunk or consumed in the house or premises thereunto belonging, situate at (here describe the house intended to be opened, specifying the situation of it, the person of whom rented, the present or late occupier, whether kept or used as an inn, alehouse, or victualling-house, within the three years preceding, and if so, by whom, and under what sign); and which I intend to keep as an inn, alehouse, or victualling-house.

on the day of next ensuing, for a license

Given under my hand this

hundred and

day of- one thousand eight

ap

N. B.-A copy of this notice to be served upon one of the overseers of the poor, and upon one of the constables or other peace offiers of the parish in which is situate the house intended to be opened. (1) The following is the form of the notice to be given of the plication to transfer a licence: To the Overseers of the Poor and the Constables of the parish of in the county of and to all whom it may concern: I, A. B. (or we, the executors, &c. &c. of the late A. B.) victualler, being authorized by virtue of the license granted to me (or him or

attending the

The 12th section thus enables the meeting to dispense Party hindered with the attendance of applicants prevented from attend- from personally ing in person:" If any person intending to apply at meeting by a the general annual licensing meeting, or at any adjourn- reasonable ment thereof, or at any Special Session, for any license cause. to be granted under the authority of this act, or for the transfer of any such license, shall be hindered by sickness or infirmity, or by any other reasonable cause, from attending in person at any such meeting, it shall be law- License may be ful for the justices there assembled to grant or transfer granted or such license to such person so hindered from attending, his absence, 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 em- Power to exapowered to examine upon oath into the matter of such mine on oath as allegation, that such person is hindered from attending the excuse. by good and sufficient cause."

transferred in

S. 12.

to the validity of

cense, s. 13.

The form and duration of the license to be granted Form and duraare thus ascertained by section 13; and the schedule to tion of the liwhich it refers :-" And be it further enacted, that every license 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 5th day of April, and elsewhere from the 10th day of October, after the granting thereof, for one whole year thence respec

at

her) at the General Annual Licensing Meeting (or Special Session) held
-on the day of -one thousand eight hundred and
to sell exciseable liquors by retail, to be drunk or consumed in
the house or premises thereunto belonging, situate at (here describe
the situation of the house), and commonly known by the sign of the
do hereby give notice, that it is my (or our) intention to apply at
the Special Session to be holden at - in the county of -on the
day of one thousand eight hundred and
for permis-

sion to transfer the above-mentioned license to C. D. (state his trade
or occupation) now residing at in the parish of in the
county of and for six months last past having resided at
(or in the several parishes of) in the county of
(or counties
of), that the said C. D. intended to keep as an inn, alehouse,
or victualling house, the said house &c. as aforesaid, kept by me,
(or us) may sell exciseable liquors by retail, to be drunk or consumed
in the said house, or premises thereunto belonging.

Given under my hand this —— day of --one thousand eight

hundred and

N. B. A copy of this notice to be served upon one of the overseers of the poor, and upon one of the constables or other peace officers of the parish in which is situate the house kept by the person whose notice it is.

to an excise

tively next ensuing, and no longer; and every license for the purposes aforesaid, which shall be granted at any

other time or place, or in any other form than that hereNo other license by directed, except as hereinafter excepted, shall not to entitle a party entitle any person to obtain an excise license for selling license to retail 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. (m)

exciseable

liquors.

The 14th section provides for the granting fresh licenses in the middle of the year, under certain precau

at

(m) The following is the form of the license given:

on the day of.

of

At the General Annual Licensing Meeting (or an adjournment of the General Annual Licensing Meeting, or at a Special Petty Session) of his Majesty's justices of the peace acting for the division (or liberty, &c. as the case may be) of in the county of holden in the year one thousand eight hundred and for the purpose of granting licenses to persons keeping inns, alehouses, and victualling houses, to sell exciseable liquors by retail, to be drunk or consumed on their premises, we, being of his 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 in the division and county aforesaid, to sell by retail therein, and in the premises thereunto belonging, all such exciseable liquors as the said A. L. shall be licensed and empowered to sell under the authority and permission of any excise license, 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 exciseable 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 license shall continue in force from the next until the day then next ensuing, and no longer; provided, that the said A. L. shall not in the mean time become a sheriff's officer, or officer éxecuting the process of any court of justice, in either of which cases this license shall be void.

of

day of

Given under our hands and seals the day and at the place first above written.

licenses on a

cases, S. 14.

tions, in cases where there is a compulsory change of tenancy; where the tenant about to quit has neglected to renew his license; or where the publican is himself compelled, by the operation of an act of parliament, to quit the premises. It enacts that, "If any person, duly Provisions for licensed under this act, shall (before the expiration of granting fresh such license) die, or shall be, by sickness or other in- compulsory firmity, rendered incapable of keeping an inn, or shall change of tebecome bankrupt, or shall take the benefit of any act nancy, and in for the relief of insolvent debtors; or if any person so certain other licensed, or the heirs, executors, administrators, or assigns of any person so licensed, shall remove from or yield up the possession of the house specified in such license; or if the occupier of any such house, being about to quit the same, shall have wilfully omitted, or shall have neglected to apply at the General Annual Licensing Meeting, or at any adjournment thereof, for a license to continue to sell exciseable liquors by retail, to be drunk or consumed in such house; or if any house, being kept as an inn by any person duly licensed as aforesaid, shall be, or be about to be, pulled down or occupied under the provisions of any act for the improvement of the highways, or for any other public purpose; or shall be, by fire, tempest, or other unforeseen and unavoidable calamity, rendered unfit for the reception of travellers and for the other legal purposes of an inn; it shall be lawful for the justices assembled as aforesaid at a Special Session, holden under the authority of this act, for the division or place in which the house so kept or having been kept, shall be situate, in any one of the above-mentioned cases, and in such cases only, to grant to the heirs, executors, or administrators of the person so dying, or to the assigns of such person becoming incapable of keeping an inn, or to the assignee or assignees of such bankrupt or insolvent, or to any new tenant or occupier of any house having so become unoccupied, or to any person to whom such heirs, executors, administrators, or assigns shall, by sale or otherwise, have bona fide conveyed or otherwise made over his or their interest in the occupation and keeping of such house, a license to sell exciseable liquors by retail, to be drunk or consumed in such house, or the premises thereunto belonging; or to grant to the person whose house shall as aforesaid have been or shall be about to be pulled down or occupied for the improvement of the highways, or for any other public purpose, or have become unfit for the reception of travellers, or for the other legal pur

C

Time for which

such Licence

force.

:

poses of an inn, and who shall open and keep as an inn some other fit and convenient house, a license to sell exciseable liquors by retail, to be drunk or consumed therein provided always, that every such license shall continue in force only from the day on which it shall be shall continue in granted until the 5th day of April or the 10th day of October then next ensuing, as the case may be: provided also, that every person intending to apply, in any of the above-mentioned cases, at any such Special Session for a license to sell exciseable liquors by retail, to be drunk or consumed in a house or premises thereunto belonging, in which exciseable liquors shall not have been sold by retail, to be drunk or consumed on the premises, by virtue of a license granted at the General Annual Licensing Notice of appli- Meeting next before such Special Session, shall, on some

cation.

Fees on licenses,

s. 15.

one Sunday within the six weeks next before such Special Session, at some time between the hours of ten in the forenoon and four in the afternoon, fix or cause to be affixed 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, such and the like notice as is hereinbefore directed to be affixed by every person intending to apply at the General Annual Licensing Meeting for a license to sell exciseable liquors by retail, to be drunk or consumed in a house not theretofore kept as an inn, and shall in like manner serve copies of the said notice on one of the overseers of the poor, and on one of the constables or other peace officers of such parish or place.

The 15th section regulates the fees to be paid in respect of licences thus:-"It shall be lawful for the clerk of the justices, as well at the General Annual Licensing Meeting as also at any Special Session to be holden under this act, to demand and receive from every person to whom a license shall be granted under this act, for the trouble of such clerk, and for all expenses connected therewith, the sums following, and no more; videlicet, for the petty constable, or other peace officer, for serving notices, and for all other services hereby required of such petty constable or other peace officer, the sum of one shilling; for the clerk of the justices, for the license, the sum of five shillings; and for preparing the precepts to be directed to the high constable, and notices to be delivered by the petty constable, as required by this act, the sum of one shilling and sixpence; and every such

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