PART III.

OTHER PROCEEDINGS OUT OF SESSIONS.

CHAPTER I.

AS TO MATTERS TO BE DONE IN SPECIAL SESSIONS (a).

WE have explained at pp. 27, 28, what is a special sessions, and Preliminary given a tabular view of the purposes for which and the periods observations. of the year at which they are required in certain cases to be holden. It must here be observed, that none of the provisions of the 11 & 12 Vict. cc. 42, 43, can be made available in these matters, either as to the processes to be issued, the jurisdiction. of justices of two or more adjoining counties, &c. (ante, p. 9) to act in one of them for the other, or as to the costs on complaints; consequently, the provisions of the act relating to each particular case must be complied with; but justices may act for a county, &c. in an adjoining city or place of exclusive jurisdiction in all matters, even in those excepted by s. 35 of 11 & 12 Vict. c. 43 (ante, p. 44; vide ante, pp. 9, 10).

sessions.

The general mode of convening a special sessions is by a Mode of conprecept under the hands of two justices directed to the high vening a special constable of the hundred, who issues his warrant to the petty constables of the several parishes, commanding them to do the act or acts required of him; in particular cases the statute provides for the manner of convening it, but none fix the period of notice, except the Game Act, 1 & 2 Will. 4, c. 32, s. 18, which is seven days; and where notice of a special sessions is required to be given to a justice, instead of personal service by the high constable, s. 7 of the 7 & 8 Vict. c. 33, authorizes one justice of the division to sign the notice to each of the other divisional justices, and a copy thereof sent by post (b) at his residence, a

(a) The whole proceedings at special sessions should be entered and kept in a separate book, called "The Special Sessions Book ;" such as the granting of alehouse licences, constables appointed, overseers, surveyors of highways, &c. (b) The best proof of service would be by sending it as a registered letter, and the signature to the receipt proved.

reasonable time before the sessions, will be sufficient. The outlines of general forms for convening special sessions are Nos. 1-4, pp. 341, 342, of Oke's "Magisterial Formulist."

Proof of the special sessions having been legally convened should be given before entering upon the business of it. The room or place is an open court for the purpose of special sesAdjournment. sions matters. In case of an adjourned special sessions, it is prudent to give the like notice as for the original sessions.

9 Geo. 4, c. 61.

ALEHOUSES.

Application for Licence] Form of notice given by the act; to be signed by applicant, and one copy to be served and affixed as follows (s. 10). "" Formulist," No. 1, p. 342.

On door of house intended to be
licensed,

On church or chapel door three
Sundays between the hours of
10 a.m. and 4 p.m.,

And on one of the overseers and
one of the constables.

In Middlesex and Surrey.
between the 1st
of January and
the last of
February.

within the month
of February.

In other Counties. between the 1st

of June and the last of July.

within the month of July.

Annual Licensing Day.] In counties, towns, &c. between 20th August and 14th September; in Middlesex and Surrey within the first ten days of March (s. 1); may be adjourned, but adjourned meeting not to be held within five days next after, but in March in Middlesex and Surrey, and in August or September in every other county (s. 3), to be appointed at a petty sessions held twenty-one days at least before. Justices at such petty sessions to issue precepts to high constables, requiring them within five days to order petty constables to affix notice thereof on door of church or chapel, or, if none, on some other public and conspicuous place; and give like notice to justices acting for the division, every innkeeper, or person who has given notice of his intention to apply for a licence (s. 2). Forms No. 2-6, pp. 343, 344, of “ Formulist.”

Justices disqualified from attending or acting.] Being a brewer, distiller, maltster, &c.; or the owner of or agent for the owner of the house, or in certain cases allied by blood or marriage to or in partnership with the owner (s. 6).

Who to act.] Whenever at any meeting for any liberty, city or borough there shall not be present two justices who are not disqualified, the justices for the adjoining county may act with such justices as are not disqualified (s. 7). A special provision as to the Cinque Ports (s. 8). Majority to decide all questions (s. 9). The applicant to apply personally unless prevented by sickness, infirmity or other reasonable cause (s. 12). If new licence (which can only be granted at the general annual licensing meeting), proof of notices being affixed and served should be first given. The form of licence given by the act (s. 13; "Formulist," No. 7, p. 344),

which is in force from 10th October then next ensuing to 10th October fol- 9 Geo. 4, c. 61. lowing, the fees for which are licence 5s., precept 1s. 6d., and 1s. to constable (s. 15). By 11 & 12 Vict. c. 49 (ante, tit. " Alehouses," p. 138, Offences 20-22), the hours of keeping open alehouses on Sundays, &c. are altered from those mentioned in this licence; but as there is no clause incorporating the 11 & 12 Vict. c. 49 with the 9 Geo. 4, c. 61, and the offences under the former not being offences against the licence, it would not be prudent to alter the statutory form of licence, but a note of the alteration might be placed at the foot of the licence (Vide form, p. 345, "Formulist").

Transfer Days.] At the annual licensing meeting, justices to appoint not less than four nor more than eight special sessions for the year ensuing for transferring licences (s. 4). A notice of these special sessions must be given in the same manuer and served on the same parties as, for the general annual licensing meeting. Form of notice of intention to transfer given by the act, which must be signed by the holder of the licence and served five days at least before special sessions on one of the overseers and one of the constables (s.11). Form of Precept, &c., Notice of Transfer and Licence, Nos. 9-14, pp. 346-348, "Formulist."

Temporary Authority to sell.] At any petty sessions majority of jus- 5 & 6 Vict. c. 44. tices present may, by indorsement on original licence, grant to the person

to whom it is proposed to be transferred authority to sell under it till the

next special sessions (s. 1). may be made on a certified indorsement 2s. 6d. (s. 3).

If licence proved to be lost, the indorsement copy (s. 2). Fee for each of such copy and Form, No. 15, p. 348, of "Formulist."

In case of Death, Change of Occupancy, Bankruptcy, Insolvency, &c.] 9 Geo. 4, c. 61. Fresh licence may be granted at a special session to the heirs, executors or administrators, assignees or new tenant, &c. No notice of application necessary if the previous licence for the house was granted at the general annual licensing meeting next before the special sessions; if otherwise, a like notice as for an original licence, ante, p. 478, must be given and affixed in the same manner, but affixed on church door on some one Sunday only within the six weeks before the special session, at which the application is intended to be made (s. 14).

Who to be licensed.] No sheriff's officer, or officer executing the process of any court of justice (s. 16).

Riots.] Houses may be closed by two justices in case of riot or tumult (s. 20). Vide form of Order, No. 2, p. 493, “ Formulist.”

APPEALS AGAINST RATES, see tit. " Poor."

BILLIARDS.

Licence for public Billiard Table, &c.] Justices, at annual alehouse 8 & 9 Vict. licensing meeting or special sessions, may grant and transfer billiard c. 109. licenses to persons to keep public billiard tables and bagatelle boards, or instruments used in any game of the like kind; like notices to be given of application for and transfer of licences as in " Alehouses" (s. 10). Form

8 & 9 Vict. c. 109.

5 & 6 Will. 4, c. 76.

7 & 8 Vict. c. 33.

5 & 6 Vict. c. 109 (a).

of Licence given (vide " Formulist," p. 349). Fees for licence 5s., constable, 1s. (s. 10).

It seems (Note 109, ante, p. 197) that neither an alehouse-keeper nor a beerhouse-keeper is required to take out this licence, and it is the general practice not to grant such a licence to them; but whether they are licensed or not, the hours of play are the same, and like penalties for an infringement of the statute. (See ante, tit. "Gaming Houses," p. 196, for offences, and see that title, post.)

CONSTABLES (BOROUGH).

The ordinary constables of boroughs are appointed by the watch committee chosen from the town councilmen of the borough (s. 76); but by s. 83 annually in the month of October [at a special petty session], two or more justices of boroughs must appoint special constables to act whensoever required by warrant of any one justice (vide forms Nos. 1—4, "Formulist," pp. 349-351). The oath is the same as that for special constables for counties under 1 & 2 Will. 4, c. 41 (tit. “ Constables (Special)," post).

CONSTABLES (HIGH).

By s. 8, high constables, now appointed at quarter sessions, are to be appointed at a special sessions for the division, held for the purpose of hearing appeals against poor's rates, or at any adjournment thereof (see tit. "Poor," post, as to these special sessions); and the high constable, when appointed, is to take only the oath for the due execution of his office, either at the place of appointment or before some one justice of the county (vide forms Nos. 1, 2, p. 351, "Formulist"). The office appears to be an annual one (14 J. P. 516).

CONSTABLES (PAROCHIAL).

When appointed.] On some day after the 24th March and before the 9th April in every year, of which due notice is to be given to every justice usually acting in the division (s. 1) [by the clerk or clerks to the justices (13 & 14 Vict. c. 20, s. 4)]. Form No. 4, p. 355, "Formulist."

Qualification of Constable.] Every able-bodied man, between the ages of 25 and 55 years, resident in the parish, and rated to the poor or county

(a) No constable can now be appointed at any court leet except for duties unconnected with the preservation of the peace, or with the execution of this act (s. 21); but this act is not to prevent the appointment of special constables (under 1 & 2 Will. 4, c. 41), or to apply to London or the metropolitan police district, or to any borough within the provisions of 5 & 6 Will. 4, c. 76, or to any place where rates are levied for payment of constables under the Lighting and Watching Act (3 & 4 Will. 4, c. 90, or any local act (s. 21)); but it is to apply to every liberty having a separate commission of the peace, and not being an incorporated borough (7 & 8 Vict. c. 52, s. 1; see s. 21 and s. 7 of 13 & 14 Vict. c. 20).

rate on any tenement of the net yearly value of 41. or upwards, and not 5 & 6 Vict. being exempt under s. 6, or disqualified under s. 7 (s. 5).

Exemptions.] Peers, members of parliament, judges, justices of the peace, deputy lieutenants, clergymen, catholic priests who have taken and subscribed the oaths and declarations required by law, dissenting teachers or preachers of any registered meeting, following no secular occupation except that of a schoolmaster, and producing the certificate of a justice of their having taken the oaths and subscribed the declarations required by law, schoolmasters, serjeants and barristers at law, members of society of doctors of law and advocates of the civil law, attornies, solicitors, proctors, conveyancers, special pleaders, officers of any court of law or equity, or of ecclesiastical or admiralty jurisdiction, coroners, gaolers and keepers of houses of correction, physicians, surgeons, apothecaries, officers of the army or navy on full pay, persons serving in any corps of yeomanry, licensed pilots, masters of vessels in the buoy and light service, household servants of her majesty, customs and excise officers, sheriffs and sheriffs' officers, high constables, clerks of the poor law guardians, masters of union workhouses, county or district constables, parish clerks, registrars and superintendent registrars of births, deaths and marriages, churchwardens, overseers and relieving officers (s. 6), [and all postmasters and persons employed in the business of the Post Office (13 & 14 Vict. c. 20, s. 5).]

Disqualifications.] Licensed victuallers, and persons licensed to sell exciseable liquors, or to sell beer by retail, gamekeepers, and persons attainted of treason or felony, or convicted of any infamous crime (s. 7), [and master of a workhouse and relieving officer (13 & 14 Vict. c. 101, s. 6).]

Precepts to Overseers.] To be issued within the first seven days of February in each year by two justices, appointing time of holding the special petty sessions, and requiring the overseers to return [to clerk to justices], on or before 24th March, a specified number of persons qualified and liable to serve (s. 2). Forms and instructions, Nos. 1—3, pp. 352-355, "Formulist."

Notice to be given in precept of justices' intention to unite parishes (s. 4). Forms Nos. 5, 5 a, p. 356, "Formulist."

Overseers' Duty.] To summon vestry (s. 3). List to be made in vestry, and affixed to church door first three Sundays in March; original list to be returned (s. 8). To attend special sessions (s. 10). See ss. 18, 19, as to paid constables; a resolution for whose appointment and amount of salary must be made by the vestry (a). Vacancies supplied (13 & 14 Vict. c. 20, s. 3).

c. 109.

(a) The written appointment will be liable to stamp duty under the 55 Geo.3, c. 184, title "Grant;"-where the salary, fees and emoluments appertaining thereto shall not amount to 50l. per annum, 21.; where amounting to 50l, and not to 100l., 41.; where amounting to 1001. and not 2001., 6., &c. &c.

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