c. 109. Sect. 11. 8 & 9 Vict. With or without hard labour for any time not more than one calendar month;-and on nonpayment of any penalty so adjudged, and of the reasonable costs and charges of the conviction, the same shall be levied by distress and sale of the goods and chattels of the offender by warrant under the hand and seal of the magistrate or one of the convicting justices ;-but no person who shall have been summarily convicted of any such offence shall be liable to be further proceeded against by indictment for the same offence." For offences against the tenor of billiard licence. For offences under 8 & 9 s. 11; (3) Mode of Recovery of Penalties. For the recovery of penalties for offences against the tenor of a billiard licence, or declared to be so, as referred to in the sections of 8 & 9 Vict. c. 109, cited under 35 & 36 Vict. c. 94, s. 75, ante, pp. 260—262, the mode will be as set forth in Chap. XII., ante, p. 210. The mode of recovery of the penalty for the offences Vict. c. 109, under 8 & 9 Vict. c. 109, s. 11, which is the only other penalty (not declared in respect of an offence "against the tenor of a billiard licence," and this section does not contain a "reference" to the 9 Geo. 4, c. 61), will be shortly this : -under 11 & 12 Vict. c. 43. The information must be laid within six calendar months (11 & 12 Vict. c. 43, s. 11). Summons or warrant in the first instance, and all the other proceedings before the hearing, as stated ante, pp. 215, 216, as well as the hearing, recovery of costs, ante, p. 216; scale of imprisonment in default or distress for penalty and costs (28 & 29 Vict. c. 127, ante, p. 213, and 11 & 12 Vict. c. 43, s. 22, and 21 & 22 Vict. c. 73, s. 5). Application of the penalties (see 11 & 12 Vict. c. 43, 8 & 9 Vict. s. 31). c. 109. Appeal against conIb. s. 20. viction. An appeal is allowed by 8 & 9 Vict. c. 109, s. 20, to any person summarily convicted, "to the next general or quarter session of the peace to be holden for the county or place wherein the cause of complaint shall have arisen,-provided that such person at the time of the conviction, or within forty-eight hours thereafter, shall enter into a recognizance, with two sufficient securities, conditioned personally to appear at the said session to try such appeal, and to abide the further judgment of the court at such session, and to pay such costs as shall be by the last-mentioned court awarded ;-and the magistrate or justices by whom such conviction shall have been made to bind over the witnesses who shall have been examined in sufficient recognizances to attend and be examined at the hearing of such appeal; -and that every such witness, on producing a certificate of being so bound, under the hand of the said magistrate or justices, shall be allowed compensation for his or her time, trouble, and expenses in attending the appeal, which compensation shall be paid in the first instance by the treasurer of the county or place, in like manner as in cases of misdemeanor, under the provisions of an act passed in the seventh year of the reign of King George the Fourth, intituled 'An Act 7 Geo. 4, c. 64. for improving the Administration of Criminal Justice in England,'-and in case the appeal shall be dismissed, and the order or conviction affirmed, the reasonable expenses of all such witnesses attending as aforesaid, to be ascertained by the Court, shall be repaid to the said treasurer by the appellant." c. 109, s. 25. By sect. 25, convictions, &c. are not to be quashed 8 & 9 Vict. for informality, &c. (59) Receipt and order for appointing general annual meeting and adjournment, and notices thereof. (60) Notice of application for a new licence. (61) Appointment of transfer days, and notices thereof. (62) Notice FORMS. For the forms as to appointing and convening the general annual licensing meeting, see Forms Nos. 1, 2 and 3, ante, pp. 67-69, and of adjournment of such meeting, see No. 5, ante, p. 70, which are already adapted to billiard licences, and need not be separately given for the liquor licences. [Proceed as in the form of application for an alehouse licence, No. 4, ante, p. 69, adding at the "Licence to keep the house [or room, or place] now occupied by me as a house, situate in in the said division, for public billiard playing, [or a licence for public billiard playing at the house, or room or place situate in [or a licence to keep a public billiard table or bagatelle board at the house, or room or place, situate in, &c.] [Concluding as in that form, but omitting the part about the six-day licence.] [The forms applicable to transfer days are Nos. 16, 17, 18, ante, pp. 119, 120, which are adapted to billiard licences, no separate notices, &c. being required.] [The form No. 19, ante, p. 120, is easily adapted by omitting of application the portions as to intoxicating liquors.] to transfer a billiard licence. (63) Billiard c. 109). At the general annual licensing meeting [or an adjourn- at We being in the year of for the purpose of granting billiard of her Majesty's justices of the peace acting for the said county [or liberty, &c., as the case may be], and being the majority of those assembled at the said session, do hereby authorize and empower 4. L., now dwelling at in the parish of to keep a house for public billiard playing at [here specify the house], provided that he [or she] put and keep up the words, "Licensed for billiards" legibly painted in some conspicuous place near the door and on the outside of the said house, and do not wilfully or knowingly permit drunkenness or other disorderly conduct in the said house, and do not knowingly allow the consumption of exciseable liquors therein by the persons resorting thereto, and do not knowingly suffer any unlawful games therein, and do not knowingly suffer persons of notoriously bad character to assemble and meet together therein, and do not open the said house for play or allow any play therein after one and before eight of the clock in the morning, 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, but do maintain good order and rule therein and this licence shall continue in force from the day of day of next, until the then next following, and no longer. Given under our hands and seals on the day and at the place first written. [Justices' signatures and seals.] At a special sessions holden at on the day of : We, being of her Majesty's justices of the peace acting in and for the said division, and being the majority of those at the said sessions assembled, Hereby, pursuant to the acts in that behalf, licence one C. D. of and transfer to him the licence within contained now held by the within-named A. B. This transfer to be in force from this day until the remainder of the term of the within licence. Given under our hands and seals at the special sessions aforesaid. [Justices' signatures and scals.] (64) Transfer of licence by indorsement. Occasional licences here intended. Cumulative upon certain other provisions. Summary of all the provisions: Licensed victualler or refreshment house keeper wishing to exceed legal CHAPTER XVII. OCCASIONAL LICENCES NOT WITHIN THE LICENSING THE occasional licences excepted from the operation The sect. 26 of 35 & 36 Vict. c. 94, ante, pp. 144, 145, applies to the same occasions as those mentioned in the enactments in this chapter, and that section is cumulative upon them; and so are those exemption licences authorized to be granted under the Public House Closing Acts, treated of in Chap. XIV. (ante, pp. 237-243), to refreshment-houses not selling intoxicating liquors. As a general result of the whole of the provisions in this chapter as well as in Chap. XIV., and in the Licensing Acts, 1872 and 1874, it may be briefly stated, that, 1. A licensed victualler, or refreshment-house keeper selling intoxicating liquors, requiring an authority to exceed the legal hours stated in 37 & 38 |