35 & 36 Vict. c. 94. Sect. 12. Justices to hear charges. Other acts providing a punishment for drunkenness. Meaning of place." (6) Drunkenness anywhere when the offender is in possession of loaded firearms: and by increased penalties to those in the acts repealed, and with "hard labour" superadded. In all these cases the justices hearing them are not disqualified by reason of interest, relationship, &c. as they are in licensing houses and hearing other charges under the act, as the sect. 60, ante, pp. 34, 35, especially excepts these cases. In the three first cases (1, 2 and 3) one justice only may hear and convict under the 11 & 12 Vict. c. 43, s. 12, but the defendant cannot be apprehended in the commission of the offence. In the other cases (4, 5, and 6) two justices out of the metropolis are necessary (see sect. 51, subsect. 1, set out in Chap. XII., post, p. 210), and the defendant can be apprehended in the commission of the offence. If not apprehended, he can be proceeded against by summons in the usual way. Besides the penalties imposed by this section 12 and sect. 18, infra, as to drunkards not quitting houses, there are other provisions as to drunkenness, under which offenders may be apprehended without warrant, which are still in force in different districts, and remain unaffected by it (see sect. 59, ante, p. 24), viz., (1) By the Towns Police Clauses Act, 1847, 10 & 11 Vict. c. 89, s. 29, for being "drunk in any street, and guilty of any riotous or indecent behaviour therein," or "guilty of any violent or indecent behaviour in any police office or any police station house:" (2) By the Metropolitan Police Act, 2 & 3 Vict. c. 47, s. 58, and in the City Police Act, 2 & 3 Vict. c. xciv, s. 37, for being "found drunk in any street or public thoroughfare, and who while drunk shall be guilty of any riotous or indecent behaviour,-and also every person who shall be guilty of any violent or indecent behaviour in any police station house :" (3) By the Hackney and Stage Carriage Act of the Metropolis, 6 & 7 Vict. c. 86, s. 28, every driver, conductor or waterman "who during his employment shall be drunk." It should here be remembered that the defendant and his wife are competent witnesses in any case under the 35 & 36 Vict. c. 94, and not in cases under any other act (sect. 51, subsect. 4 in Chap. XII.), and that the defendant cannot be convicted unless upon the precise charge for which he is summoned (Martin v. Pridgeon, 28 L. J.- (N. S.) M. C. 179; 33 Law T. 119; Soden v. Cray, 7 Law T., N. S. 324). (a)" Other public place" means, in regard to its position in this paragraph, a street, or highway, or a building or place used as a market, or a railway station, or other places where the public have a right to be without payment. The decisions on the words " open and public place," in the Vagrant Act, 5 Geo. 4, e. 83, s. 4, which also there follow the word "highway," &c., bear upon this point. In Reg. v. Holmes (1 Dears. C. C., N. S. c. 94. 207; 22 L. J. (N. S.) M. C. 122), an omnibus was held to be a 35 & 36 Vict. public place for the purpose of an indictment at common law for an indecent exposure of the person. In Re Freestone (25 L. J. Sect. 12. (N. S.) M. C. 21), the point was taken and decided that a railway carriage was not such a place within that act; but the conviction in that case was loosely drawn, and from the observations of Pollock, C. B., it would appear that if the conviction had shown the carriage to be on the line of the railway, it would have been good as being on a highway; and so, indeed, would have been the omnibus in the previous case. The decisions on the words "place of public resort," also used in the Vagrant Act, are hardly applicable to this section. They were, Ex parte Davis (26 L. J. (N. S.) M. C. 178), that the platform of a railway station is such a place; Sewell v. Taylor (29 L. J. (N. S.) M. C. 50; 1 Law T., N. S. 37) decided that a place need not be permanently or continuously public in its nature, and that private premises on which a sale by public auction is held on a particular occasion are, for that occasion, a place of public resort. It is not necessary now to refer to Cole v. Coulton (29 L. J. (N. S.) M. C. 125; 2 Law T., N. S. 216), as all "licensed premises" are now specially mentioned in this section. (b) See definition of "licensed premises" in sect. 74, ante, p. 25, which now include all the houses, &c. for which licences or certificates are now required from justices. See note (g) to Licence," ante, p. 32. 66 (c) The proof of the previous conviction or convictions required to be given in cases under this section, as the offences are not recorded on any licence or register of licences, will be in the mode provided by the previous law, and 34 & 35 Vict. c. 112, s. 18, which is referred to in note (a), ante, p. 195. (d) See note (a), supra. (e) This, of course, is not in a building, but would include a railway station, market, or other like place. (f) The "court" here mentioned is the "court of summary jurisdiction," defined by sect. 74, ante, p. 28, and referred to in note (o) thereto, ante, p. 33. Two justices out of the metropolis are required in the cases under this second paragraph of sect. 12; but one only in the cases under the first paragraph. See sect. 51, subsect. 1, in Chap. XII., post, p. 210. refusing to See sect. 18, ante, p. 164 (Chap. IX.), for the power Drunkards of licensed persons to exclude a person "who is drunken, quit premises. violent, quarrelsome, or disorderly," on his premises, Ib. s. 18. or "any person whose presence on his premises would subject him to a penalty under this act." If such person "upon being requested by such licensed person, or 35 & 36 Vict. his agent or servant, or any constable, to quit such c. 94. Penalty on premises, refuses or fails so to do," he is liable to the penalty there mentioned, and on the nonpayment of the penalty to be imprisoned for the term authorized "with hard labour." Sect. 25. "If, during any period during which any person found premises are required under the provisions of this act during closing to be closed (a), any person is found on such premises, on premises hours. Ib. s. 25. Penalty. Constable may demand in certain cases apprehend him. Ib. he shall, unless he satisfies the court that he was an inmate, servant, or a lodger on such premises, or a bonâ fide traveller, or that otherwise his presence on such premises was not in contravention of the provisions of this act with respect to the closing of licensed premises (b), be liable to a penalty not exceeding forty shillings. Any constable may demand the name and address his name, and of any person found on any premises during the period during which they are required by the provisions of this act to be closed,—and if he has reasonable ground to suppose that the name or address given is false, may require evidence of the correctness of such name and address, and may, if such person fail upon such demand to give his name or address, or such evidence, apprehend him without warrant, and carry* him, as soon as practicable, before a justice of the peace (c). * Sic. Ib. Penalty for -or for falsely pre Any person required by a constable under this section to give his name and address who fails to give the same, or gives a false name or address, or gives false evidence with respect to such name and address, shall be liable to a penalty not exceeding five pounds. Every person who by falsely representing himself tending to be to be a traveller or a lodger buys or obtains or attempts a traveller or to buy or obtain at any premises any intoxicating liquor during the period during which such premises lodger. Ib. are closed in pursuance of this act, shall be liable to a 35 & 36 Vict. penalty not exceeding five pounds" (d). The previous enactments on the subject of this section were not so comprehensive and were the 32 & 33 Vict. c. 27, s. 16, and 33 & 34 Vict. c. 29, s. 6 (both repealed). See sect. 18, ante, p. 164, as to the power of the licensed person to turn out a person who is drunk, or not a traveller or lodger. (a) See these provisions in Chap. VII., ante, p. 133. (b) As to these provisions, the prevention of selling or keeping open for the sale of intoxicating liquors, see notes ante, pp. 140-142. (c) The justice, if out of the metropolis, could remand the defendant under 11 & 12 Vict. c. 43, and the case could then be heard before the justices at petty sessions (sect. 51, subs. 1, Chap. XII.). If not apprehended he can be proceeded against by summons in the ordinary way. (d) Further, with regard to bonâ fide travellers, see 37 & 38 Vict. c. 49, s. 10, ante, pp. 139, 140. As to a search warrant for the detection of liquor sold or kept contrary to law, see 37 & 38 Vict. c. 49, s. 17, ante, pp. 178, 179. c. 94. Ib. s. 25. mission to searching for c. 49, s. 16. The penalty in 37 & 38 Vict. c. 49, s. 16, ante, Refusing ad p. 178 (Chap. IX.), for refusing admission to a con- constable stable, on demand, requiring to enter licensed premises liquor. under a justice's warrant or otherwise, or not allowing 37 & 38 Vict. him to take an account of intoxicating liquor found there, &c., is applicable also to unlicensed persons. The offence of a clerk of the licensing justices, or any other person preventing inspection, &c. of the register of licences, enacted by sect. 36, is set out ante, p. 130 (Chap. VII.). 2. Offences punishable under other Acts. The penalties imposed on clerks to justices for taking more than the fees allowed (in addition to that under 35 & 36 Vict. c. 94, s. 36, ante, p. 130), are :— 9 Geo. 4, c. 61, s. 15, set out ante, p. 66. 33 & 34 Vict. c. 29, s. 4, subs. 3, set out ante, p. 104. Clerk to jusfusing inspec gister of tices, &c. re tion of re licences. Clerks to jusgreater fees tices taking than allowed. 32 & 33 Vict. c. 27, s. 11. Punishment for forging justices' cer Wine and Acts. By 32 & 33 Vict. c. 27, s. 11,-"If any person forge, or tender knowing the same to have been forged, any certificate authorized to be granted by this act(a), tificate under he shall, on summary conviction before two or more justices, be liable to a penalty not exceeding twenty pounds, or, in the discretion of the justices before whom he is tried, to imprisonment for any period not exceeding six months, with or without hard labour. Any licence granted in pursuance of such forged certificate shall be void, and any person making use of such forged certificate, knowing the same to have been forged, shall be disqualified from obtaining at any time thereafter a licence for the sale of beer, cider or wine by retail under any of the said recited acts." Persons con- Penalty. The prosecution for the offences must be commenced within six months as provided by 11 & 12 Vict. c. 43, s. 11; and the other sections of that act as to the other necessary proceedings, the appropriation of the penalty, and the recovery of costs where absolute imprisonment adjudged, &c., will be applicable. See them in Chap. XII., post, p. 210. When the penalty imposed is not exceeding 57. the scale of imprisonment in default of payment in 28 & 29 Vict. c. 127, s. 4, must be applied; if above 57. it must be recovered by distress, and the imprisonment in default thereof is not exceeding three months (11 & 12 Vict. c. 43, ss. 19, 22). (a) The certificates here referred to are those which justices were, before the 35 & 36 Vict. c. 94, authorized to grant for the sale of beer, cider or wine, as mentioned ante, p. 70. Further, see 37 & 38 Vict. c. 49, s. 15, ante, p. 191. By 33 & 34 Vict. c. 29, s. 14,-"Every person convicted of felony shall for ever be disqualified from selling spirits by retail, and no licence to sell spirits by retail shall be granted to any person who shall have been so convicted as aforesaid;—and if any person shall, after having been so convicted as aforesaid, take out or have any licence to sell spirits by retail, the same shall be void to all intents and purposes;—and every person who, after being so convicted as aforesaid, shall sell any spirits by retail in any manner what |