clerk, who shall demand or receive from any person for Penalty for resuch respective fees in this behalf any greater sum, or ceiving more. any thing of greater value than the sums hereinbefore specified, being in the whole the sum of seven shillings and sixpence, shall for every such offence, on conviction before one justice, forfeit and pay the sum of five pounds.

By section 16 sheriffs' officers, and all officers exe- Sheriffs' officers cuting process of any court, are disabled from receiving disabled from or using any license under the grant; and the grant or using publican's transfer to them of any license is made absolutely void.

license, s. 16.

By section 17 no excise license for retailing exciseable No excise liliquors is to be granted for consuming liquor on the cense to be granted for repremises, unless the magistrates' license be previously tailing liquor to obtained; and if such excise license be granted it is a be drank on premere nullity.

mises not licensed by the

for offences

against the

determined by

two justices.

The 21st section provides a graduated scale for the magistrates, punishment of licensed publicans for offences against the s. 17. tenor of their license. It will be observed, that although Proceedings the convictions for the two first offences may be before against publicans two justices, that the third offence must come before the Special Session appointed by the general annual licensing terms of their meeting, or that meeting itself, either for final decision licenses, s. 21. or to be remitted to the Quarter Sessions. It seems, therefore, proper to introduce the whole clause into this place, as belonging to the peculiar functions of Special Sessions. It enacts,-" That every person licensed under Punishment for this act, who shall be convicted before two justices, a first offence acting in or 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 license 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 three years next preceding of some offence against the tenor of the license, 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, (n) 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

(n) By section 20, any two justices have power to order any publican within their jurisdiction to close his house if it be in or near any place where there is an actual or expected riot or tumult; and in failing to obey, the publican is to be deemed to have not maintained good order and rule in the house.

Penalty for a

within three

two justices.

Third offence, consideration to be adjourned to the next Special

Sessions or to the general meeting.

justices, within the space of the three years next precesecond offence ding, of one offence only against the tenor of the license years also before 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; 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 three years next preceding, of two separate offences against the tenor of the licenses subsisting at the times when such last mentioned offences were committed, it shall be lawful for the said justices, and they are hereby required, to adjourn the further consideration of the charge so made against such person as aforesaid to the Special Session to be then next holden under this act for the division or place in which shall be situate the house kept by such person, or to the General Annual Licensing Meeting for the said division or place, if such meeting shall take place before any such Special Session shall be holden; and such justices shall issue their summons to party charged. the person so charged to appear at such Special Session, or at such General Annual Licensing Meeting, then and there to answer to the matter of such charge; and shall bind the person who shall make such charge, and any bound by recog- other person who shall have any knowledge of the circumstances thereof, in a sufficient recognizance to appear at such Special Session, or at such General Annual Licensing Meeting, then and there to prosecute, and to give evidence upon such charge; and if proof shall be adduced to the satisfaction of the justices assembled at such Special Adjudication of Session, or at such General Annual Licensing Meetsions in case of ing, that such person so charged is guilty of the offence a third offence. with which he is so charged, such person shall be adjudged to be guilty of a third offence against the provisions of this act as aforesaid, and to forfeit and pay any sum not exceeding fifty pounds, together with the costs of the conviction: provided always, that if at any time before mitting a charge the hearing of any such last-mentioned charge, the of a third offence justices assembled as aforesaid, shall in their discretion

Summons to

Complainant and witnesses

nizance.

the Special Ses

Proviso for re

to the Sessions.

think fit to direct that the hearing of such charge shall be adjourned to the General or Quarter Session of the Peace then next ensuing, there to be enquired of by a jury, or if the person so charged shall, in writing under his hand, request the said justices to direct that the hearing of such charge shall be so adjourned as aforesaid, the said justices

and sureties 10

appear at Ses

are hereby required to direct that the hearing of such charge shall be so adjourned, provided that the person Recognizance of who shall have made such request shall, before such party accused justices so assembled, forthwith enter into a recognizance with two sufficient sureties, personally to appear at the sions. said General or Quarter Session, and to try such charge, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and the said justices are hereby required to bind in a recognizance to appear at such General or Quarter Sessions as aforesaid, then and there to give evidence against the person so charged, the person who shall make such charge, and any other person who shall have any knowledge of the circumstances thereof; and it shall be lawful for the said Trial of third court of General or Quarter Session to direct a jury then offence by a and there duly impanelled, to be sworn to inquire of the jury. offence so charged to have been committed, and upon their verdict of "guilty," to adjudge such person to be guilty Adjudication on of a third offence against the provisions of this act as a verdict of aforesaid, and such verdict and adjudication shall be final guilty. to all intents and purposes; and to punish such offender Punishment to by fine, not exceeding the sum of one hundred pounds, or be awarded. to adjudge the license granted to and held by or on behalf of such offender to be forfeited and void, or to punish such offender by such fine as aforesaid, and to adjudge such license to be forfeited and void; and if such license shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly; and every excise license for selling any exciseable liquors by retail, then held by or on behalf of such offender, shall also be void; and if the license of such offender shall be so adjudged to be void, such offender shall, from and after such last mentioned adjudication, be deemed and taken to be incapable of selling exciseable liquors by retail in any inn kept by him for the space of three years, to be computed from the time of such adjudication; and any license granted to such person during such term shall be void to all intents and purposes: provided also, that the court may upon suffi- Power of cient cause shown, adjourn the hearing of such charge adjournment to to the then next General or Quarter Session of the Peace, Sessions the following when the same shall be finally determined.

When a charge of a third offence is adjourned to the Binding session, the justices may by section 22, order the constable peace officer to or peace officer of the district to prosecute, and in such prosecute, s. 22. cases the expenses of the prosecutor and witnesses are

payable out of the county rates.

But the most important alteration of the law effected Appeal given

against the re

fusal of the Special Session

to grant or transfer a license, s. 27.

General appeal

to the session

against the acts

of justices under the statute.

by this act is that which is made by the 27th section, which gives an appeal to the Quarter Session against the refusal of the licensing magistrates to grant or transfer a license. The general words, "any act done by any justice" might seem at first not necessarily to apply to such refusal; but by the clause the word "Justice is to be construed to apply to any number of justices; and the subsequent provisions of the clause especially regulating the appeal clearly show the intention of the legislature to grant it. This section is as follows: "That any person who shall think himself aggrieved by any act of any justice (0) done in or concerning the execution of this act, may appeal against such act to the next General or Quarter Sessions of the Peace holden for the county or place wherein the cause of such complaint shall have arisen, unless such session shall be holden within twelve days next after such act shall have been done, and in that case to the next subsequent session holden as aforesaid, and not afterwards; provided that such person shall give to such justice notice in writing of his intention to appeal, and of the cause and matter thereof, within five days next after such act shall have been done, and seven days at the least before such session, and shall, within such five days, enter into a recognizance with two sufficient sureties, before a justice acting in and for such county or place as aforesaid, conditioned to appear at the said session, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody, for any offence in reference to which the act intended to be appealed against shall have been done; and the court at such session shall hear and determine the matter of such appeal, and shall make such order therein, with or without Costs, as to the said court shall seem meet; and in case the act appealed against shall be the refusal to grant or to grant or transfer transfer any license, and the judgment under which such act was done be reversed, it shall be lawful for the said court to grant or to transfer such license, in the same manner as if such license had been granted at the General Annual Licensing Meeting, or had been transferred at a Special Session; and the judgment of the said court shall be final and conclusive to all intents and purposes; and in case of

Provision as to

appeal against the refusal to

a license.

(o) See section 37, et supra, for the meaning of this word.

the dismissal of such appeal, or of the affirmance of the judgment on which such act was done, and which was appealed against, the said court shall adjudge and order the said judgment to be carried into execution, and costs awarded to be paid, and shall, if necessary, issue process for enforcing such order; provided that no justice shall No justice to act in the hearing or determination of any appeal to the act in the hearGeneral or Quarter Sessions, as aforesaid, from any act who was a party ing of an appeal done by him in or concerning the execution of this act: to the act comprovided also, that when any cause of complaint shall plained of. have arisen within any liberty, county of a city, county of

the County Ses

a town, city, or town corporate, it shall be lawful for the Appeal in a liperson who shall think himself so as aforesaid aggrieved, mited jurisdicto appeal against any such act as aforesaid, if he shall tion may be to think fit, to the Quarter Sessions of the county within or sions, if the adjoining to which such liberty or place shall be situate, appellant think subject to all the provisions hereinbefore contained."

fit.

On such an appeal, the court may, by section 29, order As to costs of costs to the magistrates if the appeal be abandoned or appeal, s. 29. dismissed, to be paid by the appellant; if the appellant make default he may be committed; and if the judgment of the magistrates be reversed, the court may, if they think fit, order the treasurer of the county to pay them a sum sufficient to indemnify them against their expenses.

§ 4. OF GENERAL SESSIONS; HOW AND BY WHOM

CONVENED.

peace.

A General Session of the Peace is a court of record §. 4. General holden before two or more justices, one of whom is of the Sessions of the quorum, (p) for the general execution of the authority given them by the commission of the peace and by statutes. This definition includes the General Quarter Sessions, which are the only description of general sessions usually holden in recent times, except in the county of Middlesex. It has been sometimes doubted whether justices have by law the power to hold sessions more frequently than once a quarter, according to the requisitions of the statutes, but it is clear they have such authority, for the statutes requiring General Sessions to be holden at particular times are merely directory, and the 2 Hen. 5. stat. 1. c. 4. s. 2. after prescribing the periods of the four sessions (q) adds the words "and more

For the explanation of this term see post, Chap. II. §. 2.

And see Hawk, B. 2. c. 8. s. 47; Com. Dig. Justices of Peace (D2); 2 Hale, 50; and "The King v. the Justices of Leicester," 7 B. and C. 6.