One licence of justices may extend to several excise licences. person licensed, and shall be utterly void to all intents and purposes." (a) The portions between brackets [] are repealed by 35 & 36 Vict. c. 94, 2nd schedule, ante, p. 19; but the next following enactment provides a substitute. Separate licences of justices shall not be required in the case of separate excise licences, and a licence of justices shall comprehend a permission to the licensee 37 & 38 Vict. to take out as many excise licences as may be specified in such licence of the justices. c. 49, s. 23. Forms to be prescribed by secretary of state. 35 & 36 Vict. Proviso Form of excise licence may be altered. The 35 & 36 Vict. c. 94, s. 48, enacts, "the following regulations shall be made with respect to licences: (1.) Every licence granted after the commencement of this act shall be in such form as may from time to time be prescribed by a secretary of state (b):-provided that licences granted at any general annual licensing meeting or adjournment thereof between the twentieth of August and the end of September, one thousand eight hundred and seventy-two, shall be in the forms heretofore in use, but any conditions contained in any licence so granted which are contrary to the provisions of this act shall be of no effect: (2.) [This subsect. as to renewals is in Chap. IV., post, p. 103.] The commissioners of inland revenue may alter the form of any licence granted by them for the sale of intoxicating liquors, in such manner as they may think expedient, for the purposes of bringing such form into conformity with the law for the time being in force." (b) The forms of the several licences as prescribed by the secretary of state (and which the former Editor of this Work had the honour of revising at the request of the home office) are given in Appendix I., where the form as to alehouses will be pointed out. It does not appear from the definition of a "licence" as given in sect. 74, ante, p. 24, that this section enables the secretary of state to prescribe the following forms required under the 35 & 36 Vict. c. 94, and other acts mentioned: 1. Orders for alteration of closing hours made by the licensing justices under sect. 24; now under 37 & 38 Vict. c. 49, sects. 3, 6. 2. Orders of exemption from closing hours granted by the local authority under sect. 26, and 37 & 38 Vict. c. 49, s. 5. 3. Occasional licences exempting from closing hours granted by local authority under sect. 29. 4. Orders of removal of licences from one house to another by licensing justices under sect. 50, and 37 & 38 Vict. c. 49, s. 22. 5. Order for temporary licence pending appeal against conviction of licensed person under sect. 53, and 37 & 38 Vict. c. 49, s. 15. 6. Temporary permission granted at petty sessions under 5 & 6 Vict. c. 44, as amended by 35 & 36 Vict. c. 94, s. 41. However, the forms of licences given in this work are adapted to the models of those prescribed by the secretary of state. tion of c. 94. subsect. 3, c. 29, s. 4, The authentication of licences is provided for by Authentica9 Geo. 4, c. 61, s. 9, ante, p. 57, and 35 & 36 Vict. licences. c. 94, s. 40, subs. 3, the latter incorporating 33 & 34 Vict. c. 29, s. 4, subs. 2. Both enactments are permissive, and either the mode of signing by the majority of justices under the former, or by an official seal, &c. under the latter, may be adopted. The 35 & 36 35 & 36 Vict. Vict. c. 94, s. 40, subs. 3, enacts:-"Any licence may Sect. 40, be authenticated in manner in which a certificate may incorporates be authenticated in pursuance of subsection two of 33 & 34 Vict. section four of The Wine and Beerhouse Act subsect. 2. Amendment Act, 1870,' and the provisions of the said subsection shall apply accordingly." The enactment so incorporated is as follows: "Where a certificate is now required to be signed by a majority of justices (a), it shall be sufficient if, instead of such signature, the concurrence of such majority be signified by means of an impression from an official seal or stamp, in such form as the justices may direct, affixed in the presence of the justices in sessions assembled, and verified in the case of each certificate by the signature of their 33 & 34 Vict. c. 29, s. 4, subs. 2. Evidence of seal. Forgery of seal. Six-day licences. Fees to be paid for licences. 9 Geo. 4, c. 61, s. 15. Penalty on justices' clerk for taking larger fees. clerk. Any seal purporting to be so affixed and verified shall be received in evidence without further proof; and if any unauthorized person imitate or affix an impression of such seal on any certificate or imitation of a certificate, or knowingly use a certificate or imitation of a certificate falsely purporting to be sealed in pursuance of this section, he shall be guilty of forgery" (b). (a) This is required by the 9 Geo. 4, c. 61, s. 9, ante, p. 57, and in the forms of licences (now abrogated) in that act and in the schedule to 32 & 33 Vict. c. 27. (b) The punishment for this indictable offence, being a misdemeanor at common law, is punishable by fine or imprisonment (not exceeding two years), or both. As to the condition to be inserted in six-day and early-closing licences, see 35 & 36 Vict. c. 94, s. 49, and 37 & 38 Vict. c. 49, s. 7, post, p. 88. The fees to be paid for licences are regulated by 9 Geo. 4, c. 61, s. 15, and 35 & 36 Vict. c. 94, s. 36; the 9 Geo. 4, c. 61, s. 15, enacts: "That it shall be lawful for the clerk of the justices as well at the general annual licensing meeting as also at any special session to be holden under this act, to demand and receive from every person to whom a licence shall be granted under this act, for the trouble of such clerk, and for all expenses connected therewith, the sums following, and no more; videlicet, for the petty constable or other peace officer, for serving notices, and for all other services hereby required of such petty constable or other peace officer, the sum of one shilling; for the clerk of the justices, for the licence, the sum of five shillings; and for preparing the precepts to be directed to the high constable, and notices to be delivered by the petty constable, as required by this act, the sum of one shilling and sixpence (a);—and every such clerk who shall demand or receive from any person for such respective fees in his behalf any greater sum or anything of greater value than the 9 Geo. 4, c. 61. sum hereinbefore specified, being in the whole the Sect. 15. sum of seven shillings and sixpence [now 8s. 6d. (a)], shall for every such offence, on conviction before one justice, forfeit and pay the sum of five pounds" (b). (a) The 35 & 36 Vict. c. 94, s. 36, which provides for the registration of licences, &c., enacts (inter alia, the remainder of the section being in Chap. VII.), that "there shall be paid by "each licensed person to the clerk in respect of such registration "the sum or fee of one shilling for every licence granted or "renewed." (b) Vide recovery of this penalty in Chap. XII. One shilling to be taken for registration. 35 & 36 Vict. c. 94, s. 36. Other matters to be done at general There are other matters than granting licences to be transacted at the general annual licensing meeting, which are mentioned in subsequent parts of this licensing work, viz. :— Appointing the special session for the year for Making orders for alteration of the closing hours Causing the register of licences to be divided into annual meetings. FORMS. Division of (1) Precept from licens County of To the clerk of the licensing justices of the said ing justices to wit. division. to their clerk appointing annual We, the undersigned, the majority of her Majesty's justices of general the peace for the said county, acting within and for the said licensing division, present at a petty session for the said division this day meeting. held at N. in and for the said division, do hereby require you, (2) Order from clerk to justices to petty constables. within five days next ensuing your receiving this precept, to order next, at the hour of 1st, For the sale by retail in inns of intoxicating liquors under the Intoxicating Liquor Licensing Act, 1828; 2nd, For the sale by retail of beer, cider or wine, under the Wine and Beerhouse Acts, 1869, 1870; 3rd, For the sale of spirits, liqueurs and sweets by retail, pursuant to the Licensing Acts, 1872-1874; And, 4th, for granting billiard licences; And that such petty constables do also forthwith give the like notice to, or leave the same at the dwelling-house of, every justice of the peace acting for the said division, and to every person keeping an inn or licensed for the sale of intoxicating liquor, or who shall have given notice of his intention to keep the same within their respective parishes, or to apply for a licence for the sale of any such liquor or for a billiard licence. Given under our hands the Division of day of 187 [Justices' signatures.] County of) To the petty constables, and other peace officers of to wit. each of them. By virtue of a precept to me directed from her Majesty's justices of the peace acting in and for the said division, you are hereby required forthwith to affix, or cause to be affixed, on the door of the church or chapel, and where there shall be no church or chapel on some other public and conspicuous place within your district, the notice annexed (of which copies* are herewith sent) that the general annual licensing meeting for the said division will be held at N. on next, at the hour of the day of noon; and that you do also forthwith give a copy of the said notice to, or leave the same at the dwelling-house of, every justice of the peace acting for the said division, and to every person keeping an inn or licensed for the sale of intoxicating liquor, or who shall have given notice of his intention to keep the same, or to apply for a licence for the sale of any such liquor or for a billiard licence. Dated the day of 187 J. B., clerk of the licensing justices of the said division. (In No. 2.) These notices are in the form No. 3. They are usually sent with this order to the superintendent of police, who distributes them to the petty and other constables. |