-when sued Appeal to quarter sessions, &c. tion therefrom, be paid to the Commissioners of Inland Revenue, or to such officer or person as the said commissioners shall appoint to receive the same." By sect. 2, "the expenses of prosecutions are to be paid out of supplies provided by parliament." Sect. 51 of the 35 & 36 Vict. c. 94, ante, p. 212, provides that "Any officer appointed by the Commissioners of Inland Revenue may sue for any penalties under this act, and when so sued for any penalties which may be recovered shall be applied in the manner in which excise penalties are for the time being applicable by law." Persons aggrieved by judgment of justices may appeal to the quarter sessions (7 & 8 Geo. 4, c. 53, s. 82), giving notice in writing to such justices immediately (Id. s. 83), and at the place of abode of the respondent within a given time (4 Vict. c. 20, s. 30; see Reg. v. Eaves, 39 L. J. (N. S.) M. C. 70; 21 Law T., N. S. 829); but against the judgment of the commissioners appeal must be made to the barons of the Exchequer (4 Vict. c. 20, s. 26). Notice of appeal and notice of trial to be given, and deposit made of amount of penalty adjudged within three days after adjudication in certain cases (7 & 8 Geo. 4, c. 53, s. 83). If there shall not be twenty days between giving notice and the next sessions, the appeal to be to the following sessions (4 & 5 Will. 4, c. 51, s. 23). On hearing an appeal, the original evidence only to be examined (7 & 8 Geo. 4, c. 53, s. 84); but witnesses tendered for examination at the original hearing may be examined (4 & 5 Will. 4, c. 51, s. 24). Power of mitigation, or to state a case for the Exchequer (7 & 8 Geo. 4, c. 53, s. 84); but the quarter sessions have no power to award costs to either party (Reg. v. Beadle, supra). Proceedings on determination of appeal (ss. 85, 87). Appeal to superior question of In addition to these, the general act 20 & 21 Vict. c. 43 (ante, p. 218), allows an appeal to a superior court on a court by the person convicted, or by the informer if law. his information is dismissed, when the justices' decision 20 & 21 Vict. is erroneous on a point of law. c. 43. FORM. The General Forms in use by the Inland Revenue Board are given in Oke's "Magisterial Formulist," 4th ed., pp. 444-450. Grant or transfer of billiard licences. 8 & 9 Vict. c. 109. CHAPTER XVI. AS TO BILLIARD LICENCES. As to the grant of billiard licences for the keeping of "public billiard tables and bagatelle boards, or instruments used in any game of the like kind," they are granted under the authority of 8 & 9 Vict. c. 109, s. 10, by justices at the general annual licensing meeting held for granting licences to alehouses or at an adjournment of it, and transferred at special sessions held for transferring such licences. The like notices are to be given by applicants for such billiard licences as then required for alehouse licences under the 9 Geo. 4, c. 61, and now it is the same under the amended mode prescribed by the Licensing Act, 1872, 35 & 36 Vict. c. 94 (see sect. 75, post, p. 258). Alehouse keepers are not required, as will be seen, to take out this licence (though of course they must not allow "gaming" at billiards, see 35 & 36 Vict. c. 94, s. 17, and note (a) thereto, ante, p. 167), but keepers of beerhouses and all other persons not consuming on their premises exciseable liquors (beer and sweets not being such now), must do so if they keep a billiard table or bagatelle board for public playing (see 8 & 9 Vict. c. 109, s. 11, post, p. 259). (1) Grant of Billiard Licences, p. 257. (2) Offences in relation to Billiard Licences and the Licensed Premises, p. 260. (3) Mode of Recovery of Penalties, p. 264. (1) Grant of Billiard Licences. Justices may licences at grant billiard licensing 8 & 9 Vict. c. 109, s. 10. The 8 & 9 Vict. c. 109 (" An Act to amend the Law concerning Games and Wagers"), s. 10, enacts, "That the justices in every division, district, and place in England for which a special session of the justices of the peace (called the general annual licensing sessions: meeting) is holden annually for granting licences to persons keeping or being about to keep inns, alehouses, and victualling-houses to sell exciseable liquors by retail, to be drunk or consumed on the premises therein specified (a), shall have authority at such general annual licensing meeting, or at any adjournment thereof, to grant billiard licences to such persons as the said justices shall in their discretion deem fit and proper (b) to keep public billiard tables and bagatelle boards or instruments used in any game of the like kind,—and at the special sessions holden for transferring licences to keep inns shall have authority to transfer such billiard licences to such other persons as they in their discretion shall deem fit and proper to continue to hold the same (c)—and who in each case shall be required to give the like notice of their intention to apply for such billiard licence, and entitled to receive the like notice of the licensing days as is required in the case of persons intending to apply for a licence or the transfer of a licence to sell exciseable liquors by retail to be drunk or consumed on the premises, or as near thereto as the case will allow (d) ;— and every such billiard licence shall be in the form Licence in given in the third schedule annexed to this act, and shall continue in force in the counties of Middlesex and Surrey from the fifth day of April, and elsewhere from the tenth day of October, after the granting thereof, for one whole year thence respectively next -Notice of for alehouse application as licences: force for a year. c. 109. Sect. 10. Fees to clerk of justices for licence. Ib. 8 & 9 Vict. ensuing, and no longer (e);-and the clerk of the justices shall be entitled to demand and receive from every person licensed under this act, for the petty constable or other peace officer, for serving notices and other services required of him, the sum of one shilling, and for the clerk of the justices, for the licence, the sum of five shillings ;-and every clerk who shall demand or receive from any person for such fees more than the said sums, being together six shillings, shall for every such offence, on conviction before one justice, forfeit and pay the sum of five pounds” (ƒ). Penalty for taking more. Ib. 35 & 36 Vict. At the close of the repealing clause, sect. 75 of the Licensing Act, 1872, 35 & 36 Vict. c. 94 (the repealing enactment being set out ante, p. 17), there is a proviso applicable to the above enactment, the pertinent portion of it being as follows:-"That in the case of persons intending to apply for billiard licences under the act of the eighth and ninth years of the reign of her present Majesty, chapter one hundred and nine, intituled 'An Act to amend the Law concerning Games and Wagers,'—or for the transfer of such licences,-the same notices shall be given as are by this act required in the case of licences as defined by this act, or as near thereto as circumstances admit." The under-mentioned lettered notes are written in view of this proviso: (a) The provisions of 9 Geo. 4, c. 61, as to convening and holding of the general annual licensing meeting for alehouses and the adjournment thereof are given ante, p. 51 (Chap. II.). See adapted forms, No. 59, post, p. 266. (b) As to who should be licensed for billiards and who are entitled to keep a public billiard table without licence, see 8 & 9 Vict. c. 109, s. 11, and decision thereon, p. 259. (c) The provisions of the 9 Geo. 4, c. 61, and other acts as to appointing and holding special sessions for transferring alehouse licences are given ante, p. 107 (Chap. V.). Vide adapted forms, No. 61, post, p. 266. See note (b) as to persons to be licensed and who, therefore, can hold a transfer. (d) The provisions as to notice of application for a new billiard licence as now required, in consequence of the amendment of the law contained in 9 Geo. 4, c. 61, by 35 & 36 Vict. c. 94, and other acts, which sect. 75, set out infra, now applies to these billiard licences, are shown ante, pp. 58, 59, 60. The form of notice of application is No. 60, post, p. 266. The renewal of a licence is not provided for, and therefore it should be treated as a new licence, and grantable at special ses+ |