To the Overseere of the Poor, and the Constables of the Parish of and to all whom it may concern.

I, A. B. [or we, the executors, &c. of the late A. B.], victualler, being authorized by virtue of the license granted to me [or him or her] at the General Annual Licensing Meeting [or special session] held at on the

day of to sell

one thousand eight hundred and 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

day of

in the parish of

on

the

one thousand eight hundred and

and for [or, that the

for permission to transfer the above-mentioned license to C. D. [stating his trade or occupation], now residing at in the county of six months last past having resided at said C. D. intending to keep as an inn, ale-house, or victualling-house, the said house so 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 thousand eight hundred and

day of

one

MEMORANDUM.-This notice should be either printed, or written in a fair and legible hand, and a copy of it must be served on an overseer of the poor, and a constable of the parish or place in which the house is situate, in the manner prescribed by section 10.

6. Remedy against Magistrates for refusing to grant a License.

Where persons are aggrieved by the refusal of the Magistrates to grant or transfer a license, the party's remedy is by appeal to the next general or quarter sessions* for the county or place in which the cause of complaint arose, unless such session be held within twelve days after the adjudication; and in that case the appeal must be made to the subsequent session, and not afterwards.

And when any person determines to appeal from such adjudication, he must give the Magistrate notice in writing of his intention to appeal, and of the cause and matter thereof, within five days after such adjudication, and seven days at least before such session; and must, within such five days, enter into a recognizance, with two sufficient sureties, before one

* When the cause of complaint arises within any liberty, county of a city, county of a town, or city, or corporate town, the appeal may be made to the quarter session of the county within or adjoining to which such liberty or place is situate.

Justice of the jurisdiction, to appear and try such appeal, and to abide the judgment of the Court thereupon, and to pay such costs as the Court shall award. And if the judgment or adjudication of the Magistrates shall be reversed, the Court of General or Quarter Sessions may grant or transfer such license in the same manner as the general meeting, or special session of the Justices might have done.Stat. 9 Geo. IV. c. 61, s. 27. But the twenty-ninth section of the same Statute provides, that where the appeal is dismissed, or the adjudication appealed against is affirmed by the quarter sessions, the Justice shall be entitled to such costs as the Court may deem sufficient to indemnify his expences; and in default of the appellant's paying the same, he may be committed to the common gaol, or house of correction, until such sum is paid.

This mode of appeal is the only remedy to which publicans are entitled, in case of the refusal of Justices to grant or transfer a license. No action can be maintained

against them for such refusal, nor will the Court of King's Bench grant a mandamus, requiring them to grant a license; for the Legislature has made them the absolute judges of the propriety of granting and refusing licenses, and no appeal lies to any other jurisdiction against their judgment, except to the quarter sessions.

But though the Legislature has left the granting or refusing of ale licenses to the absolute discretion of the Magistrates, without appeal from their judgment, or having their just and honest reasons reviewed by any other jurisdiction; yet, if it can be shewn to the Court of King's Bench, that they have not used that discretion fairly, but in its exercise were evidently influenced by corrupt, improper, or partial motives, they are punishable for a misdemeanour, either on indictment or information, in that Court.-Cases of Bassett and Godschill, reported in Wilson's Reports, vol. iii. p. 121;-The King against Williams and Davis, Justices of Penryn, and The King against Hann and Price, Justices of Corfe Castle, reported

E

in Burrow's Reports, vol. iii. pp. 1317 and 1716;-The King v. Holland and Foster, Justices for Middlesex, reported in Term Reports, vol. i. p. 692.

7. Excise License.

Besides the ale license necessary to be obtained from the Magistrates for the sale of ale and beer, to be drunk on the premises, an Excise license must be obtained for the same purpose from the Officers of Excise; and if the party intends to sell wines, spirits, mead, metheglin, sweets, or made wines, he must obtain respective licenses for all or either which he purposes to sell, viz. for the sale of wines, a wine license,-for spirits, a spirit license, and for mead, metheglin, sweets, or made wines, a license for those liquors. And though the party does not intend to sell ale or beer, but only wines, spirits, &c. he must take out an ale license, together with his wine and spirit license.

But no license for the sale of exciseable liquors, to be drunk or consumed on