With regard to the removal of licences and certificates from one house or district to another, see ante, pp. 91, 92; the provisional grant and confirmation of licences to new premises, see 37 & 38 Vict. c. 49, s. 22, ante, pp. 97, 98, and temporary continuance of licence forfeited, see post, p. 192. FORMS. to wit. To J. B., clerk of the licensing justices for the N. divi- (16) Appointsion, in the county of We, the undersigned, being the majority of the justices acting for the said division, present at the general annual licensing meeting this day held at in and for the said division, do hereby appoint [eight] special sessions for the year ensuing, to be holden in and for the said division for transferring and granting licences and certificates for the following purposes [here set them out as in form No. 1, ante, p. 68], in the cases and in manner by law directed, to be holden on the respective days hereafter mentioned, at the in the said division, in at the hour of [cleven] in the forenoon of each day, that is to say day of On the [eight] special sessions. next, &c., &c. [stating each of the And we hereby require you, within five days next ensuing the day on which you shall receive this precept, to order the several petty constables, or other peace officers within the said division, to affix and serve notices thereof in like manner as by law required for the general annual licensing meeting. Given under our hands at the general annual licensing meeting above mentioned. to wit. [Justices' signatures.] (To the petty constables and other peace officers of the parish of By virtue of a precept from her Majesty's justices of the peace acting for the said division, present at the general annual licensing meeting, held at N. in and for the said division, to me directed, I do hereby require you forthwith 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 your district, the notice annexed (of copies are herewith sent), that [eight] special sessions for the year ensuing will be holden in and for the said division on the respective days and at the place and hour' therein mentioned for transferring and granting alehouse licences and certificates and licences for the sale by retail of beer, cider, which ment of (17) Clerk's notice to petty constables. perry, wine, spirits, liqueurs and sweets under the Licensing Act, 1872, and other acts, and for transferring billiard licences; and that you also forthwith give a copy of such notice to or leave the same at the dwelling-house of every justice of the peace acting for the said division, and to every person keeping or intending to keep an inn or other licensed premises, or to apply for a licence for the sale of any of such liquors, or a transfer licence for billiards. Dated this day of 187 J. B., clerk of the licensing justices of the said division. (18) Notice for church Division of door, justices, Special Sessions for transferring Alehouse and other Licences. or parties. Notice is hereby given that [eight] special sessions for the year ensuing will be holden in and for the said division, on the respective days hereinafter mentioned, at in the said division, at the hour of twelve at noon of each day, that is to say:On the day of next, [Inserting the days as in the appointment No. 16.] for transferring and granting licences and certificates for the following purposes: [Here insert them as in Form No. 1, ante, p. 68, adding, and for transferring billiard licences.] in the cases and in manner by law directed. Dated at the day of 187 J. B., clerk of the licensing justices of the said division. (19) Notice of intention to apply for permission to transfer a licence (35 & To the overseers of the poor and the superintendent of concern: I, A. B., of, &c. [or We, the executors, &c. of the late 36 Vict. c. 94, A. B., of &c., or I being the trustee of the property of A. B., s. 40, subs. 2). of &c., a bankrupt, or the trustee in the matter of the liqui- day of 187 to transfer the above-mentioned licence to C. in the county of resided at county of who has for six months last past [or in the several parishes of cutors, or to me the said trustee]. ] in the ][or to us the said exe [If to another house in consequence of fire, &c., say here to the premises situate, &c.] [And if owner has changed, add, I hereby further state that E. F., of &c., is now owner of the said house and premises.] Given under my hand this 187 day of This form is prescribed by the secretary of state. See it in (20) Transfer the "Appendix I.” under 9 Geo.4, c. 61, s. 4, by indorsement or otherwise. This form is prescribed by the secretary of state. See it in (21) Grant of the "Appendix I.” to wit. At a petty session of her Majesty's justices of the peace on the day of licence under sect. 14. in the said (22) Temporary authority to sell under 5 & 6 county, held at We, being the majority of her Majesty's said justices of the peace present at the said petty session, do hereby, by virtue of the act of the 5th and 6th years of her Majesty, chapter 44, and the other acts in that behalf, authorize C. D. to sell such intoxicating liquors by retail in the house and premises mentioned in the within licence [or certificate] as might heretofore be lawfully sold or retailed therein, until the day of next, being the next special session appointed for transferring and granting licences in the said division. Given under our hands and seals at the petty session above mentioned. [Justices' signatures and seals.*] *This authority cannot be authenticated by the official seal referred to in 33 & 34 Vict. c. 29, s. 4, subs. 2, ante, p. 65. Vict. c. 44, 8.1 (not prescribed by the secretary of state). 9 Geo. 4, c. 61. observations. CHAPTER VI. APPEAL TO QUARTER SESSIONS AGAINST LICENSING Preliminary THIS appeal, originally granted by 9 Geo. 4, c. 61, s. 27, in respect of licences for alehouses, and now applicable to all licences and certificates (see 35 & 36 Vict. c. 94, s. 74, ante, p. 24, definition of "licence,” and 33 & 34 Vict. c. 29, s. 4, subs. 5, ante, p. 77), is preserved, that section being repealed only as to the right to appeal against the refusal to grant a new licence, which does not now exist. (See Chap. III. as to confirmation of grants, ante, p. 94.) Practically, therefore, the 9 Geo. 4, c. 61, s. 27, applies only to the refusal to renew and transfer licences under ss. 4 and 14 of that act, as amended and extended by the other acts. Appeal to be Notice and Nos. 23, 24 and 25, post, pp. 126, 127, 128.] There is now no appeal to quarter sessions with respect to the grant of new certificates under the Wine and Beerhouse Acts, 1869 and 1870, see ante, p. 76. The 9 Geo. 4, c. 61, s. 27, enacts: "That any person who shall think himself aggrieved by any act of any justice 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 [and not the recorder of a borough, 5 & 6 Will. 4, c. 76, s. 105] 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 9 Geo. 4, c. 61. as aforesaid, and not afterwards,―provided that such Sect. 27. 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 the court at Justices recision may versing de grant a trans fer of licence; such session shall hear and determine the matter of such appeal. ; and in case the act appealed against shall be the refusal to grant or to transfer any licence, 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 licence in the same manner as if such licence 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 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 act in the hear- Certain justices not ing or determination of any appeal to the general or to hear quarter sessions as aforesaid from any act done by him appeal. in or concerning the execution of this act :-provided also, that when any cause of complaint shall have arisen within any liberty, county of a city, county of a Appeal in liberties. |