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DEATH, CHANGE OF OCCUPANCY &c.
9 GEORGE IV., cap. 61. An Act to regulate the granting of Licenses to keepers of inns, alehouses, and victualling houses in England.
14. Provision for Death, Change of Occupancy, or other contingency-Duration of License granted in Event of such Contingency - As to Notices. And be it further enacted that if any person duly licensed under this Act shall (before the expiration of such License) die, or shall be by sickness other infirmity rendered incapable of keeping an inn, or shall become bank- . rupt, or shall take the benefit of any Act for the relief of insolvent debtors; if any person licensed, or the heirs, executors, administrators, or assigns of any person so licensed, shall remove from or yield up the possession of the house specified in such License; or if the occupier of any such house, being about to quit the same, shall have wilfully omitted shall have neglected to apply at the general annual licensing meeting, or at any adjourn
, ment thereof, for License to continue to sell excisable liquors by retail, to be drunk or consumed in such house; or if any house, being kept as an inn by any person duly licensed as aforesaid, shall be or be about to be pulled down or occupied under the prcvisions of any Act for the improvement of the
highways or for any other public purpose, or shall be, by fire, tempest, or other unforeseen and unavoidable calamity, rendered unfit for the reception of travellers, and for the other legal purposes of an inn; it shall be lawful for the jus ices assembled as aforesaid at a special session holden under the authority of this Act for the division or place in which the house so kept or having been kept shall be situate in any one of the above-mentioned cases, and in such cases only, to grant to the heirs, executors, or administrators of the person so dying, or to the assigns of such person becoming incapable of keeping an inn, or to the assignee or assignees of such bankrupt or insolvent, or to any new tenant or occupier of any house having so become unoccupied, or
to any person to whom such heirs, executors, administrators, or assigns, shall by sale
otherwise have bonâ-fide conveyed otherwise made
his their interest in the occupation and keeping of such house, a License to sell excisable liquors by retail, to be drunk or consumed such house the premises thereunto belonging; or to grant to the person whose house shall aforesaid have been shall be about to be pulled
pulled down occupied for the improvement of the highways or for any other public purpose,
have become unfit for the reception of travellers, or for the other legal purposes of an inn, and who shall open and keep as an inn some other fit and convenient house, a License to sell excisable liquors by retail, to be drunk or consumed therein ; Provided always, that every such License shall continue in force only from the day on which it shall be
granted until the fifth day of April or the tenth day of October then next ensuing, as the case may be: Provided also, that every person intending to apply, in any
of the above-mentioned cases, at any such special session, for a License to sell excisable liquors by retail, to be drunk or consumed in a house or premises thereunto belonging in which excisable liquors shall not have been sold by retail, to be drunk or consumed on the premises, by virtue of a License
a granted at the general annual licensing meeting next before such special session, shall on some one Sunday within the six weeks next before such special session, at some time between the hours of ten in the forenoon and of four in the afternoon, affix or cause to be affixed on the door of such house, and on the door of the church or chapel of the parish or place in which such house shall be situate, and where there shall be no church or chapel or some other public and conspicuous place within such parish or place, such and the like notice is hereinbefore directed to be affixed by every person intending to apply at the general annual licensing meeting for a License to sell excisable liquors by retail, to be drunk or consumed in a house not theretofore kept as inn, and shall in like manner serve copies of the said notice on one of the overseers of the poor and
one of the consta or other peace officers of uch parish or place.
This Section applies to all Licenses requiring a Justices' authority.
If any application is made under this Section, the discretion of the Justices as to refusing or grant
ing it is the same as if it were for a renewal, and the grounds of refusal will be limited in certain cases. See “Discretion of Justices." In recent
it has been decided that no notice is necessary in any application under the above Section, except in the cases expressly directed.—Reg
. V. Hughes 58 J.P. 151.
As to the exemption from a penalty in cases of Death &c., see Section 3 of the Act of 1872.
For Ale &c.-By the County Court Act, 1888, no action
be brought to recover any debt, or sum of money alleged to be due, in respect of the sale of any ale, porter, beer, cider, or perry, which was consumed on the licensed premises.
For Spirits.—These debts are not recoverable in certain cases. —Where at one time any quantity of spirituous liquors is sold to be consumed on licensed premises, and the value of the purchase does not amount to at least 20s., the debt so incurred cannot be recovered by an action at law. Nor
debt for any quantity of spirits, less than one reputed quart, delivered at one time at the residence of the purchaser, be recovered.
Pawn &c.-It is an offence to take goods in pawn, or
a pledge for the payment of spirituous liquors.