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 exciseable liquors by retail to be drunk or consumed on the premises, within their respective districts, a copy of such notice."

Adjournment of such Licensing Meeting.]—By 9 G. IV. c. 61, s. 3, "It shall be lawful 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."

Appointment of other Special Sessions to facilitate Transfer of Licenses.]-By 9 G. IV. c. 61, s. 4, "The justices assembled 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."

Notices of Adjourned or of other Special Sessions for purposes of Licensing Act.]-By 9 G. IV. c. 61, s. 5, “ Whenever the justices shall have ordered 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."

Certain Justices disqualified from acting.]-By 9 G. IV. c. 61, s. 6, "No justice who shall be a common brewer, distiller, maker of malt for sale, or retailer of malt, or of any exciseable 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 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 £100; 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."

County Justices empowered to act in Liberties, Counties of Cities or Towns, Cities, &c. corporate, where there are not two qualified Justices (r).]-By 9 G. IV. c. 61. s. 7,-Whenever at any of the meetings to be holden as aforesaid, for any liberty, county of a city or 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, or 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 herein before 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."

Cinque Ports and English Universities exempted.]-By 9 G. IV. c. 61, s. 3, the Cinque Ports are exempted from this last provision; and by s. 36, nothing in the act alters or affects the rights or privileges of the universities of Oxford or Cambridge, or the powers of their ViceChancellors (s), or the Vintners' Company of London, or the time of granting licenses for keeping inns in London. (See other provision of a like kind, 6 & 7 W. IV. c. 105, s. 11; 5 & 6 W. IV. c. 76, s. 134, 135; 5 & 6 Vict. c. 44, s. 6.)

Licensing, &c. Questions to be decided by Majority present.]-By 9 G. IV. c. 61, s. 9,-" When (at any of the meetings aforesaid) any 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

(r) Since 5 & 6 W. IV. c. 76, s. 111, this clause remains in force only as to boroughs not having a grant of a separate court of quarter sessions of the peace under that act; for by the same section, "no part of any borough in and for which a separate court of quarter sessions of the peace shall be holden, shall be within the jurisdiction of the justices of any county from which such borough before the passing of this act

was exempt, any law, statute, letters patent, charter, grant, or custom to the contrary notwithstanding."- See this section, post Chap. III.

(s) See 5 B. & Adol. 250, 253. In R. v. Archdall, 8 Ad. & E. 281; the exclusive right of the Vice-Chancellor of Cambridge University to license inns within Cambridge is so far affirmed as to decide that no quo warranto lies for exercising that franchise.

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."

Notices required from Applicants for Licenses for Houses not previously licensed.]-By s. 10, Every person intending to apply for a license to sell exciseable liquor by retail, to be drunk or consumed in any house not theretofore kept as an inn, shall affix, or cause to be 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 of February, in Middlesex and Surrey, and elsewhere between the first day of June and the last 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 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 (t) in the schedule hereunto annexed, marked A., and shall be signed by the party intending to make such application, or by his agent thereunto authorized (u) 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” (x).

Notices required on Transfer of License.]-By 9 G. IV. c. 61, s. 11, 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, (y) 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." (z).

sion) to be holden at day of

on the

next ensuing, for a license 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.

to me (or him or her) at the general annual licensing meeting (or special session) held at

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 permission to transfer the above-mentioned license to C. D. (state his trade or occupation) now residing at --in the parish of - in the county 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. intending 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.

of

of

and

Given under my hand this

day

one thousand eight hundred

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