the payment of any greater sum of money than the amount which at the time of such consignment, deposit, or transfer, or delivery was justly due and owing to such agent from his principal, together with the amount of any bills of exchange drawn by or on account of such principal, and accepted by such agent: provided also, that the conviction of any such agent so convicted as aforesaid shall not be received in evidence in any action at law or suit in equity against him, and no agent intrusted as aforesaid shall be liable to be convicted by any evidence whatsoever in respect of any act done by him, if he shall, at any time previously to his being indicted for such offence, have disclosed such act, on oath, in consequence of any compulsory process of any court of law or equity in any action, suit, or proceeding which shall have been bona fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any commissioner of bankrupt." The commitment in this case may readily be framed from the last. ALEHOUSE. I. Alehouses licensed by the magistrates. III. Canteens, p. 67. I. Alehouses licensed by the magistrates. 1. The licence. Annual licensing meeting, p. 19. When and where to be holden, p. 18. Special sessions for the transfer of licences, p. 21. Who may be licensed, p. 24. Notice of intention to apply, p. 24. The like for transferring a licence, p. 26. The like, in case of death, change of occupancy, &c. p. 27. Licence, how granted, p. 27. How, where applicant cannot attend, p. 27. Licence, and how long in force, p. 28. Fees, p. 29. No excise licence, until justices' licence first obtained, p. 29. 2. Penalties. Selling without licence, p. 29. Not selling by standard measure, p. 31. Third offence how punishable, p. 35. Witnesses, how compelled to appear, p. 37. Proceedings for penalties, p. 38. Penalties, how applied, p. 38. Defects in commitment, p. 39. Appeal, p. 39. Witnesses may be bound over, p. 40. Recovery of penalties against justices, p. 41. Rights of the Universities and Vintners' Company, &c. Interpretation clause, p. 42. Annual licensing meeting.] "In every division of every county and riding, and of every division of the county of Lincoln, and in every hundred of every county, not being within any such division,-and in every liberty, division of every liberty, county of a city, county of a town, city, and town corporate, in that part of the United Kingdom called England,there shall be annually holden a special session of the justices of the peace (to be called the general annual licensing meeting), for the purpose of granting licences to persons keeping or being about to keep inns, ale-houses, and victualling-houses, to sell exciseable liquors by retail, to be drunk or consumed on the premises therein specified." 9 G. 4, c. 61, s. 1. When and where to be holden.] "Such meetings shall be holden in the counties of Middlesex and Surrey within the first ten days of the month of March, and in every other county on some day between the twentieth day of August and the fourteenth day of September inclusive; and that it shall be lawful for the justices acting in and for such county or place, assembled at such meeting or at any adjournment thereof, and not as hereinafter disqualified from acting, to grant licences, for the purposes aforesaid, to such persons 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." Id. 8. 1. Petty sessions for appointing it.] "In every such division o place as aforesaid, there shall be holden, twenty-one days & the least before each such general annual licensing meeting a petty session of the justices acting for such county or plac the majority of whom then present shall, by a precept unde their hands, appoint the day, hour, and place upon and which such general annual licensing meeting for such divisio or place shall be holden; and shall direct such precept to th high constable of the division or place for which such meetin is to be holden, requiring him, within five days next ensuin that on which he shall have received such precept, to order th several petty constables or other peace officers within his con stablewick to affix or cause to be affixed on the door of th church or chapel, and where there shall be no church or chape on some other public and conspicuous place within their re pective districts, a notice of the day, hour, and place at whic such meeting is appointed to be holden, and to give to or t leave at the dwelling-house of each and every justice acting fo such division or place, and of each and every person keepin an inn, or who shall have given notice of his intention to kee an inn and to apply for a licence to sell exciseable liquors b retail to be drunk or consumed on the premises within the respective districts, a copy of such notice." Id. s. 2. What justices to attend it, or not.] "No justice, who shall b a common brewer, distiller, maker of malt for sale, or retaile of malt or of any exciseable liquor, or who shall be concerne in partnership with any common brewer, distiller, maker malt for sale, or retailer of malt or of any exciseable liquo shall act in or be present at any general annual licensing mee ing, or at any adjournment thereof, or at any special sessio for granting or transferring licences under this act, or sha take part in the discussion or adjudication of the justices upo any application for a licence, or upon any appeal therefrom and no justice shall act, upon any of the aforesaid occasion in the case of any house licensed or about to be license under this act, of which such justice shall be the owner, for the owner of which he shall be manager or agent, or any house being in whole or in part the property of any com mon brewer, distiller, maker of malt for sale, or retailer malt or of any exciseable liquor, to whom such justice sha be, either by blood or by marriage, the father, son, or brothe or of whom such justice shall be the partner in any othe trade or calling; and that every justice who being hereb disqualified, shall knowingly or wilfully so offend, shall fo every such offence forfeit and pay the sum of one hundre pounds provided always that nothing herein contained sha extend to disqualify any justice (not otherwise disqualified and having no beneficial interest in the house, licensed o 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." Id. s. 6. "Whenever, at any of the meetings to be holden as aforesaid for any liberty, county of a city, county of a 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, county of a 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 hereinbefore disqualified) who shall be present at any such meeting as aforesaid, for the purpose of granting or transferring licences under, or of hearing complaints as to offences against, this act; any law, custom, or usage to the contrary notwithstanding." Id. s. 7. But this is not to extend to the corporate or other members or liberties of the cinque ports or two ancient towns; but the justices of and for each of the principal cinque ports and two ancient towns, and not as herein before disqualified from acting, and none other, shall act within and for the same. Id. s. 8. Adjournment of licensing meeting.] "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 licence: 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 or September in every other county." Id. s. 3. Sessions for the transfer of licence.] The justices assembled at the general annual licensing meeting, "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 case 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 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." Id. s. 4. And if it be desired to transfer the licence, at a time when the special sessions are not holden, then, "at any petty session of justices of the peace holden in and for any division of a county or riding, and in any hundred of every county not being within such division, and in every liberty, city, town, or place within which any inn, alehouse, or victualling house shall be situated, and for which the said justices shall be acting, it shall be lawful, (in those cases where justices of the peace assembled at a special session are empowered by stat. 9 Geo. 4, c. 61, to transfer or grant licences, before the expiration thereof, to sell exciseable liquors by retail in the same house or premises in respect of which any person had been theretofore duly licensed,) for the majority of the justices then present, upon application made to them at any such petty session, by indorsement under their hands and seals on any licence which shall have been granted pursuant to the provisions of the said act at any general licensing meeting, or at any adjournment thereof, to authorize (if they shall deem it proper so to do, after examining upon oath all necessary parties) any person not disqualified by the said act, to whom it shall be proposed at the time of such application to transfer or grant any such licence, to use, exercise and carry on the business of a licensed victualler at the same house and on the same premises, and there to sell such exciseable liquors as might theretofore have been lawfully sold and retailed therein; and thereupon it shall be lawful for the officer of excise empowered to transfer licences, by indorsement on the excise licences required to be transferred, to give the like authority to the persons so authorized by the magistrate or justices; and the authority so granted shall continue and be in force until the then next ensuing special session which shall be holden for the division, hundred, liberty, city, town, or place within which such house and premises shall be situated, and no longer; at which special session the justices then and there assembled, upon application made to them pursuant to the said act, touching any transfer or grant of licence to the party or parties to whom such authority shall have been so given at petty sessions as aforesaid, shall hear and dispose of such application according to the provisions of the said act. 5 & 6 Vict. c. 44, s. 1. This however is not to extend to the metropolitan districts, except the borough of Southwark ; but the application in such a case shall be made to one of the police magistrates." Id. |