35 & 36 Vict. c. 94. (55) Temporary licence granted by convicting ing appeal against forfeiture of licence (35 & 8. 53; 37 & 38 36 Vict. c. 94, At a petty sessions of her Majesty's justices of the peace for day of 187. Whereas the licence of one A. B., of &c. [describing him], for the sale by retail of [as in the licence] has become forjustices pend- feited on [or in pursuance of] the conviction of the said A. B. for the offence of under section of the Licensing Act, 1872 (or 1874), made by us the undersigned, two of the justices assembled at the said petty sessions; and an appeal has been duly made against the said conviction: Now we the said justices hereby grant unto the said A. B. [or unto C. D. on behalf of the said A. B., pursuant to the provisions of the fifteenth section of the Licensing Act, 1874] this temporary licence authorizing him to apply for and hold an excise licence to sell, &c. [as in the original licence], to be in force for the period of months from this day, upon the following conditions, viz. :— [Setting out the conditions.] Vict. c. 49, s. 15). Given under our hands and seals at the petty sessions aforesaid. [Justices' signatures and seals.] CHAPTER XIII. PROTECTION OF OWNERS OF LICENSED PREMISES. 35 & 36 Vict. c. 94. Clerk to jus notice to mises of con likely to dis qualify pre mises. FOR the protection of owners of licensed premises in cases of offences committed by their tenants, the tices to give 35 & 36 Vict. c. 94, s. 56, enacts,-" Where any tenant owner of preof any licensed premises is convicted of an offence victions against this act, and such offence is one the repetition of which may render the premises liable to be disqualified from receiving a licence for any period (a), it shall be the duty of the clerk of the licensing justices to serve, in manner provided by this act, notice of every such conviction on the owner of the premises (b). Sect. 56. order on qualifying Where any order of a court of summary jurisdiction Service of declaring any licensed premises to be disqualified from owner disreceiving a licence for any period has been made (c), the premises. court shall cause such order to be served on the owner of such premises, where the owner is not the occupier, Iwith the addition of a statement that the court will hold a petty sessions at a time and place therein specified, at which the owner may appear and appeal against Appeal such order on all or any of the following grounds, but on specified on no other grounds (d): (a.) That notice, as required by this act, has not been served on the owner of a prior offence which on repetition renders the premises liable to be disqualified from receiving a licence at any period ;-or (b.) That the tenant by whom the offence was committed held under a contract made prior to the commencement of this act, and that the owner could not legally have evicted the tenant in the interval between the commission against order grounds. 35 & 36 Vict. c. 94. Sect. 56. Justices may cancel the order disqualifying premises. of the offence, in respect of which the disqualifying order was made, and the receipt by him of the notice of the immediately preceding offence which on repetition renders the premises liable to be disqualified from receiving a licence at any period ;-or (c.) That the offence in respect of which the disqualifying order was made occurred so soon after the receipt of such last-mentioned notice that the owner, notwithstanding he had legal power to evict the tenant, could not with reasonable diligence have exercised that power in the interval which occurred between the said notice and the second offence. If the owner appear at the time and place specified, and at such sessions, or any adjournment thereof, satisfy the court that he is entitled to have the order cancelled on any of the grounds aforesaid, the court shall thereupon direct such order to be cancelled, and the same shall be void (e). The remainder of this section as to rules being made by the justices with respect to notice to mortgagees of premises is repealed by 37 & 38 Vict. c. 49, s. 33. (a) The premises may be disqualified for two years when the licensed person, having already two convictions recorded on the licence, is convicted of an offence by the Act of 1872 directed to be recorded on the licence, 35 & 36 Vict. c. 94, s. 30, ante, p. 189. See the list of offences in Chap. X., note (a) ante, p. 89. (b) The name of the owner is obtained under sect. 36, ante, p. 129, and probably stated in the application for a new licence; but see 37 & 38 Vict. c. 49, s. 29, ante, p. 26. Vide form of notice of a conviction, No. 40, ante, p. 198. The notice is served in manner pointed out in sect. 70, ante, p. 37. Implied Covenant-Public-house-- Forfeiture of Licence by Misconduct of Tenant.]-Upon the letting by parol of a public-house there is no implied covenant or agreement, that the tenant shall do no act whereby the licence shall become forfeited. c. 94. A. took by parol a licensed public-house of B., but having 35 & 36 Vict. been three times convicted of offences connected with the management of such house the magistrates refused to renew the licence. Upon an action by B. upon the implied covenant not to suffer the premises to be used in a manner calculated to produce a forfeiture of the licence:--Held, that no such covenant could be implied, and that the action could not be maintained (Man v. Hindmarsh, 28 L. T., N. S. 644). Covenant-Construction-Public-house.]-Upon a purchase of land, the purchaser covenanted with the vendors not to carry on upon the property certain offensive trades or any business which was or might be deemed a public or private nuisance, nor to use any building which should be erected thereon, as a public-house for the sale of beer, wine, malt liquors, or spirits :Held, that the sale of beer by retail, under a licence "not to be drunk on the premises," was no breach of the covenant (Pease v. Coats, L. R., 2 Eq. 688; London and North Western Rail. v. Garnett (covenant not to use as " beerhouse"), L. R., 9 Eq. 26). Covenant-Notice of Covenants in original Deed of GrantSale of Spirituous Liquors.]-Covenant in original conveyance not to use, &c. the building" as an inn, public-house, or taproom, or for the sale of spirituous liquors, or ale, or beer." A lease of the same premises contained a covenant that "no offensive business or occupation or nuisance shall be carried on or committed on said premises, and that the same shall be used as dwelling-house and shop only." Defendant (lessee) as grocer sold wine and spirits in bottle, without knowledge of original covenant:- Held, that he was fixed with notice of the covenant -that "for the sale of spirituous liquors" did not prevent sale of wine, but extended to sale of spirituous liquors in bottleinjunction granted (Feilden v. Slater, L. R., 7 Eq. 523). Covenant by purchaser of land, not naming his assigns, that no building erected on the land shall be used as a beer-shop, does not run with the land (Wilson v. Hart, L. R., 1 Ch. Ap. 463). (c) We have recommended, note (c), ante, p. 191, that an order should be made even in those cases where the disqualification follows by force of the statute upon conviction. This second paragraph will, and is evidently intended to, apply to all disqualifications, and therefore, a copy of the order should be sent to the owner. Vide form of notice, No. 40, ante, p. 199, which is also adapted to the requirement of this paragraph of this section 56, as to the petty session at which the owner may appeal against a disqualifying order. The service of the order is provided for by sect. 70, ante, p. 37. (d) The owner is not required to give notice of the grounds in writing, or to state them in any way before he makes his appeal at the petty sessions; but it would be advisable to do so in order to avoid delay; and in that case he should communicate with the clerk to the convicting justices. 35 & 36 Vict. C. 94. Removal of licences from district to another. Sect. 50. (e) Vide form of order cancelling the order disqualifying premises, No. 56, post, p. 229. Should the justices refuse to cancel the disqualifying order there is no appeal to any other court; of course not under sect. 52, ante, p. 218, as that is against an order made. As to the temporary continuance of licences forfeited for single offences, see 37 & 38 Vict. c. 49, s. 15, ante, p. 191. Under sect. 50, ante, p. 91, containing provisions one part of a for removing a licence from one part of a licensing district to another, &c., there is a provision requiring the owner of the premises from which the licence is to be removed, to be served with copy of the notice of the application for removal. It will apply also to a provisional removal of an existing licence under sect. 22 of 37 & 38 Vict. c. 49. Covenants against houses, &c. being used as public-houses to extend to beerhouses. 1 Will. 4, c. 64, s. 31. Nor to houses licensed to sell wine to be consumed on the premises. any lease As to private houses being used as public-houses contrary to covenants in leases, &c., the Beerhouse Act, 1 Will. 4, c. 64, s. 31, enacts,—“That any and every covenant or clause of restriction contained in or contract between any landlord and tenant, whereby the trade or business of a victualler or publican is prohibited from being carried on in any house, building or place mentioned or comprised in such lease or contract, or whereby any such house, building or place is prohibited from being used as a public-house or alehouse, shall apply and extend, and shall be construed to apply and extend, to every person who shall be licensed to sell beer, ale or porter, or cider or perry, under the provisions of this act, and to any and every house specified and mentioned in the licence granted to such persons. The Refreshment Houses Act, 23 Vict. c. 27, s. 44, enacts," That any covenant or clause of restriction contained in any lease or contract between a landlord and tenant, whereby the trade or business of a vintner (a) 23 Vict. c. 27, is prohibited from being carried on in any house, build |