sions held after the annual licensing meeting (but before the expiration of the old licence), for which no notice will be required like cases under 9 Geo. 4, c. 61, s. 14, ante, pp. 109–113. The notices of intention to transfer a billiard licence as now required are shown ante, p. 108. The form of notice is No. 62, post, p. 266, the form of transfer of licence, No. 64, post, p. 267. (e) Vide the form given in the schedule to 8 & 9 Vict. c. 199, No. 63, post, p. 266, which is not affected by any provision of the 35 & 36 Vict. c. 94. (f) Vide the mode of recovery of penalty, post, p. 264. 8 & 9 Vict. c. 109. Houses which are to billiard licence. Ib. s. 11. 8 & 9 Vict. c. 109, s. 11, enacts (inter alia), “That every house, room, or place kept for public billiard take out a playing, or where a public billiard table or bagatelle board, or instrument used in any game of the like kind, is kept, at which persons are admitted to play,-except in houses or premises specified in any licence granted under an act passed in the ninth year of the reign of King George the Fourth, intituled An Act to re- [9 Geo. 4, gulate the granting of Licences to Keepers of Inns, Alehouses, and Victualling-houses in England,' hereinafter called a victualler's licence,-shall be licensed under this act." 6 The licensed alehouse keeper and no one else is specially exempted by this section from taking out a billiard licence; but if he has a billiard table, he must keep the billiard room closed at such times as play at houses licensed for billiards is not allowed (see sect. 13, infra). In the form of billiard licence given in the schedule to 8 & 9 Vict. c. 109 (No. 63, post, p. 266), it will be seen there is this prohibition or condition,-" and do not knowingly allow the consumption of exciseable liquors therein by the persons resorting thereto;" but as it was held in Jones v. Whittaker (39 L. J., N. S. 139; 22 Law T., N. S. 535; affirming Lancashire v. Justices of Staffordshire, 26 L. J. (N. S.) M. Č. 171), that neither beer nor sweets is now an exciseable liquor, beerhouse keepers and other persons, where beer or sweets are consumed, may take out a licence, and are not liable to be proceeded against for an offence against the tenor of the billiard licence, if they allow those liquors to be consumed on their premises. The playing at billiards or bagatelle, &c. are not, since 8 & 9 Vict. c. 109, unlawful games. See note (a), ante, p. 167. c. 61.] If the justices refuse to grant a billiard or bagatelle No appeal against re a billiard licence. fusal to grant licence, there is no appeal, as there was at the time of the passing in 1845 of the 8 & 9 Vict. c. 109, in respect to alehouse licences, it being so held in the year 1857, in the case of Reg. v. Justices of Devonshire (30 Law T. 150; Ex parte Chamberlain, 8 E. & B. 644); nor is there an appeal against the refusal to transfer a licence; and the 35 & 36 Vict. c. 94, s. 75, supra, does not extend the law as to such appeal in regard to alehouse and other licences, to billiard or bagatelle licences. Offences in the 8 & 9 to be punished as licensed per punished for gaming, by 35 & 36 Vict. c. 94, s. 17. (2) Offences in relation to Billiard Licences and the Licensed Premises. By the proviso to sect. 75 of 35 & 36 Vict. c. 94, it Vict. c. 109, is enacted (inter alia, the remaining portion of it being given ante, p. 258),-"Any person convicted of an sons are to be offence against the tenor of a billiard licence,—or of any offence declared by the last-mentioned act to be an offence against the tenor of a licence, as defined by this act, shall be punished under this act in the same manner 35 & 36 Vict. in all respects as a licensed person, within the meaning of this act, is punishable under this act for suffering any gaming or any unlawful game to be carried on on his premises [i. e., by sect. 17, ante, p. 167];—and in construing the last-mentioned act any reference to the 'Intoxicating Liquor Licensing Act, 1828' [i. e., 9 Geo. 4, c. 61], shall be construed to refer to that act as amended by this act." c. 94, s. 75 (proviso in part). Offences against the tenor of licences. 8 & 9 Vict. c. 109, s. 12. The offences referred to in this enactment, as against the tenor of a billiard licence, are enacted in the 8 & 9 Vict. c. 109, ss. 12, 13, 14, and are as follow: Sect. 12 enacts, "Every person licensed under this act who shall be convicted before a police magistrate or two justices acting in and for the division or place in which shall be situated the house kept or theretofore kept by such person of any offence against the tenor of the licence to him granted (a), shall be liable to the same 8 & 9 Vict. c. 109, s. 12. c. 61.] penalties and punishments in the case of a first, second, or third offence respectively to which persons licensed under an act passed in the ninth year of the reign of King George the Fourth, intituled An Act to regulate the granting of Licences to Keepers of Inns, Alehouses, and Victualling-houses in England,' are respectively liable on conviction of a first, second, or third offence against the tenor of the licence granted to them under the lastrecited act, or as near thereunto as the nature of the case will allow: [and all the provisions of the last-recited act (b) [9 Geo. 4, with respect to convictions and penalties for offences against the last-recited act, and the proceedings for enforcing the same, and to the expenses of prosecution and penalties on witnesses for not attending, and the recovery and application of penalties, and the proceedings on appeals against convictions, and the award of costs on appeals, and in actions against justices, constables, or other persons for anything done in execution of the last-recited act, shall be deemed to apply so far as they are applicable, to convictions for offences against the tenor of the licences granted under this act, and to the proceedings consequent thereupon or connected therewith, as if they were herein re-enacted"] (c). (a) The conditions in the billiard licence are similar to those in the old alehouse licence, as will be seen by reference to the Form of Licence, No. 63, post, p. 266, and are as follow: 1. That he put and keep up the words "Licensed for billiards" legibly printed in some conspicuous place near the door, and on the outside of the said house [in sect. 11, p. 263, also]: 2. Do not wilfully or knowingly permit drunkenness or other disorderly conduct in the said house : 3. Do not knowingly allow the consumption of exciseable liquors therein by the persons resorting thereto [see note to sect. 11, ante, p. 259]: 4. Do not knowingly suffer any unlawful games therein [see now 35 & 36 Vict. c. 94, s. 17, ante, p. 167]: 5. Do not knowingly suffer persons of notoriously bad character to assemble and meet together therein : 6. Do not open the said house for play or allow any play therein after one and before eight of the clock in the morning [in sect. 13, p. 262 also]: 7. Or keep it open or allow any play therein on Sundays, Christmas Day, or Good Friday, or on any day appointed for a public fast or thanksgiving [in sect. 13, p. 262 also]: 8. But do maintain good order and rule therein, 8 & 9 Vict. c. 109. When ing shall not be allowed. Ib. s. 13. (b) The recited act is 9 Geo. 4, c. 61. See now the enactments in 35 & 36 Vict. c. 94, s. 17, ante, p. 167, and other enactments in that act auxiliary thereto, particularly sects. 30, 31, as to repeated convictions, set out in Chap. X., ante, p. 187, et seqq. (c) This portion between brackets [ ] is repealed by the terms of the 35 & 36 Vict. c. 94, s. 75, cited p. 260, and now such of the provisions of the 9 Geo. 4, c. 61, as are in force, and amended by the Wine and Beerhouse Acts, 1869, 1870, and the 35 & 36 Vict. c. 94, apply to offences against the tenor of a billiard licence in the same way as those acts apply to the offence of gaming, &c. under 35 & 36 Vict. c. 94, s. 17, ante, p. 167. Sect. 13. "Every person keeping any public billiard table or billiard play- bagatelle board, or instrument used in any game of the like kind, whether he be the holder of a victualler's licence or licensed under this act, who shall allow any person to play at such table, board, or instrument after one and before eight of the clock in the morning of any day, or at any time on Sundays, Christmas Day, or Good Friday, or any day appointed to be kept as a public fast or thanksgiving ;-and every person holding a victualler's licence who shall allow any person to play at such table, board, or instrument kept on the premises specified in such victualler's licence at any time when such premises are not by law allowed to be open for the sale of wine, spirits or beer, or other fermented or distilled liquors, shall be liable to the penalties herein provided in the case of persons keeping such public billiard table, bagatelle board, or instrument as aforesaid for public use without licence [i.e., in sect. 11, infra];—and during those times when play at such table, board, or instrument is not allowed by this act, every house licensed under this act, and every billiard room in every house specified in any victualler's licence, shall be closed, and the keeping of the same open, or allowing any person to play therein or thereat, at any of the times or on any of the days during which such play is not allowed by this act, shall be deemed in each case an offence against the tenor of the licence of the person so offending." Penalty. Ib. Empowering constables to houses. Sect. 14. "It shall be lawful for all constables and officers of visit licensed police to enter into any house, room, or place where any public table or board is kept for playing at billiards, bagatelle, or any game of the like kind, when and so often as such constables and officers shall think proper ;-and every person licensed under the said act of the ninth year of the reign of King George the Fourth [9 Geo. 4, c. 61], or under this act, who shall refuse to admit or Ib. s. 14. [9 Geo. 4, c. 61.] who shall not admit any such constable or officer of police into such house, room, or place shall, on conviction thereof before a police magistrate or any two justices of the peace, be deemed guilty of an offence against the tenor of his licence, whether the same be a billiard licence or a victualler's licence, and in the case of a first, second, third, or subsequent offence shall be punished accordingly." 8 & 9 Vict. c. 109. billiard table, &c. without licensed perhaving words licence, or son not up on house. Ib. s. 11. Sect. 11 enacts (inter alia, the remaining portion Keeping being given, p. 259),-"Every person keeping any such public billiard table or bagatelle board or instrument used in any game of the like kind for public use, without being duly licensed so to do, and not holding a victualler's licence for the house or premises where such billiard table, bagatelle board, or other instrument as aforesaid is kept or used, and also every person licensed under this act who shall not during the continuance of such billiard licence put and keep up the words Licensed for billiards,' legibly printed in some conspicuous place near the door and on the outside of the house specified in the licence [i. e., also an offence against the tenor of a licence; see sect. 12, pp. 260, 261],-shall be liable to be proceeded against as the keeper of a common gaming-house, and, beside any penalty or punishment to which he may be liable if convicted of keeping a common gaming-house [see sect. 4], shall, on conviction of keeping such unlicensed billiard table, bagatelle board, or other instrument as aforesaid, by his own confession, or by the oath of one or more credible witnesses before any police magistrate or any two justices of the peace, be liable to pay such penalty, not more than ten pounds for every day on which such billiard table, bagatelle board, or instrument as aforesaid shall be used, as shall be adjudged by the magistrate or justices before whom he shall be convicted, or, in the discretion of the magistrate or justices, may be committed to the house of correction |