One Shilling & Sixpence. WILSON'S LEGAL HANDY BOOKS. LAW oFTSNKEEPERS .AND THE LICENSING ACTS. THOMAS W. HAYCKAFT, ESQ., B.A. (Oxon.) Of the I-aner Temple, Barrister-at-Law . Author of ".A Handy Book on the Bill of Sale Acts," and "The Powers, Duties, and Liabilities of Directors." EFFINGHAM WILSON &. CO. H323H \Q C \^ Over I Life E Mo Pol Cla Nir Annul. UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY H 'ILE 1NY. terling. artment is rticipating Fire Department. Property of nearly every description at home and abroad insured at the Lowest Rates, Losses by Lightning, Damage by Explosion of Gas in buildings not forming part of any Gas Works, made good. Rents of Buildings insured. SECURITY, LIBERALITY, & PROMPTITUDE in Settlement of Claims are characteristics of this Company. Prospectuses and every information can be obtained at the Chief Offices! London I 61 ' READNEEDLE STREET, E.G. : '"I (West End Branch ): 8, WATERLOO PLACE, S.W. Edinburgh : 64, PRINCES STREET. Northern Assurance Company. INCOME & FUNDS 1894 FIRE Premiums, 701,000 LIFE Premiums, 232,000 Interest 171,000 Accumulated Funds, 4,444,000 HEAD OFFICES LORDONx ABERDEEN Northern Assurance Company. Head Offices : LONDON, 1, Moorgate St. ABERDEEN, 1, Union Ter. Branches BIRMINGHAM. BRISTOL. DUBLIN. DUNDEE. EDINBURGH. GLASGOW. LIVERPOOL. MANCHESTER. NEWCASTLE. NOTTINGHAM. CHICAGO. NEW YORK. SAN FRANCISCO. MONTREAL. MELBOURNE. LONDON BOARD OF DIRECTORS. Colonel ROBERT BARING. HENRY COSMO ORME BONSOR, Esq., M.P. ERNEST CHAPLIN, Esq. ALEXANDER HEUN GOSCHEN, Esq. HENRY CHARLES HAMBRO, Esq. WILLIAM EGERTON HUBBARD, Esq. FERDINAND MARSHALL HUTH, Esq. HENRY JAMES LUBBOCK, Esq. CHARLES JAMES LUCAS, Esq. WILLIAM WALKINSHAW Esq. Rt. Hon. Sir ALGERNON WEST, K.C.U. Secretary. R. W. LOWE. t fW. MANNERING, Home Superintendent. Fire Department.-^ j os F OWLER) Foreign Superintendent. Life Department. F. LAING, Actuary. General Manager. H. E. WILSON. Fire Department. -Insurances are granted on Property situate in all parts of the British Dominions, and in most Foreign Countries, at rates which - a e n c m P u ' e a according to the actual risk incurred. The Company has already paid over *,8,25O,OOO in the settlement of claims under its Fire Policies. Life Department. The Company offers the advantages of perfect^ security^ with greai the \ >.* In the Participation Branch the whole of the ascertained surplus at each valuation belongs to the Assured. The Amount for the Quinquennium ending 3ist December, 1890. was sufficient to provide a Bonus of ,\. us. per cent, per annum upon the sum assured, or Li IBS. per cent, for the whole Quinquennium, besides leaving ,611,182 to be carried forward The Liabilities were ascertained by the well-known combination of the Institute of Actuaries HM (5) and HM Tables of Mortality, with only 3 per cent, assumed as the rate of Interest to be in future earned by the funds, which are acknowledged to be very rigorous data for the purpose. Cautious Investor in Life Assurance before Insuring his Life should be careful to obtain full and definite docu- mentary information, such as that given in the new Prospectus of the SCOTTISH WIDOWS' Founded A.D. 1815. Funds: f I I K I r\ FUND. The Policies of this great Mutual Society, besides being Life Assurance Contracts, are at any time negotiable documents of known value. All information and Prospectuses may be obtained at the LONDON OFFICE: 28, CORNHILL, B.C. West End Office : 5, Waterloo Place, S.W. A HANDY BOOK ON THE LAW OF INNKEEPERS LICENSING ACTS. BY THOS. W. HAYCRAFT, Esq., B.A. (Oxon). OF THE INNER TEMPLE, BARRISTER-AT-LAW. Author of "A Handy Book on the Bills of Sale Acts," and "A Bandy Boole on the Powers, Duties, and Liabilities of Directors." LONDON : EFFINGHAM WILSON & Co., 11, EOYAL EXCHANGE. 1892. T .u TABLE OF CASES. JL ^ CASES. PAGES. . Angus v. McLachlan 50, 57, 58 ^ Arniistead v. Wilde 48 s v. 'Russell, I T.L.R. 13 (1884).) Duty of an Innkeeper towards his Guest. 53 AN INNKEEPER'S LIABILITY FOR THE SAFETY OF HIS GUEST. An innkeeper is bound to take reasonable care of the persons of bis guests, so tbat they are not injured by reason of his negligence, and a guest who was injured by the falling of a part of the ceiling in the room he was occupying has been held entitled to recover damages from the innkeeper. (Sandys v. Florence, 47 L.J., C.P. 598 (1878).) But this rule does not apply to all parts of an inn, and if a guest is injured through his going into a room where he had no reasonable cause to suppose he was invited to go either expressly, or by implication, the innkeeper will not be liable. When a guest wandered into a dark service-room in the middle of the night, and fell down the unguarded well of a lift, his representatives were held not entitled to recover. (Walker v. Midland Railway Company, 55 L.T. 489 ; 51 J.P. 116 (1886).) CHAPTEE VII. THE INNKEEPEE'S LIEN. Not only may an innkeeper bring an action against his guest for his reasonable charges, but he has a lien on the goods of the guest brought to the inn, that is, he may keep them as a security until the debt is paid. This right extends to all the goods of the guest brought to the inn. Nevertheless, he may not take the clothes off his back or the money from his pocket, for that would be to commit an assault. He may retain all the goods of the guest until all his reasonable charges have been paid. He is not bound to return a portion of the goods on receiving a portion of his debt. If he allows the goods to be taken away, he will lose his lien on them unless they are only taken away for a temporary purpose, as when the guest takes away his horse to ride on the understanding that he will bring it back. If a guest takes away his goods, on which the innkeeper has a lien, without the innkeeper's consent the latter may recover them if he can. The Case of the Naval Dieutenant. The sheriff of Surrey seized in execution the goods of a naval officer staying at a hotel in the Westmin- ster Bridge Eoad. The landlord claimed a lien on Innkeeper's Lien. 55 the goods, 35 17s. 9d., for seven weeks' board and lodging, 7 9s. Od. for money lent, and further sums for washing and chaise hire, making in all 46 10s. lOd. When the innkeepers' wife lent the money and paid for the washing, she did so on the understanding that the goods should be pledged as security for repayment. On the trial of an action between the innkeeper and the sheriff, Lord Abin- ger, C.B., made the following remarks in his sum- ming up to the jury : " The main question here is as to the amount of the plaintiff's lien ; and on this point we find that Mr. S. is a lieutenant in the royal navy, and the son of a lady of fortune, and that he had lived for seven weeks within a few days at the plaintiff's hotel. The bill altogether for this is 46 10s. 10d., including chaise hire, money lent, and a few other trifles. The sum for board and lodging is 35 17s. 9d., which is about 5 per week. You are, of course, aware that a person residing at a hotel cannot live so cheaply as at his own house ; for instance, a glass of brandy and water is charged a shilling, and if a man orders a bottle of champagne, and drinks but two glasses, he would have to pay for the whole bottle. I confess that the charges do not appear to me extravagant, and you will say whether they appear so to you. With respect to the money paid and the money lent, you will consider whether it was understood . between the plaintiff's wife and Mr. S., at the time of those advances, that the goods in question were to be considered as a security for these sums. It has been urged that the plaintiff was asked not to allow his guest more than a certain quantity of brandy and water, and that the guest's 56 Innkeeper's Lien. mother sent to him to that effect ; however, I must say, that I never heard that the landlord of an inn was bound to investigate the nature of the articles which were ordered by a guest before he supplied them. The landlord of an inn may supply whatever things a guest orders, and the guest is bound to pay for them, provided that the guest be in possession of his reason and is not an infant. In either of these latter cases the landlord must look to himself, but nothing of that sort is suggested in the present case." (Proctor v. Nicholson, 7 C. & P. 67 (1835).) If a guest brings to an inn goods not his own, even if the goods have been stolen, the innkeeper will have a Hen over them, unless he knew the fact when he supplied the guest with board and lodging. " If A. injuriously take away the horse of JB. and put him into an inn to be kept, and B. come and demand him, he shall not have him until he hath satisfied the innkeeper for his meat : for when an innkeeper takes a horse into his keeping he is not bound to enquire who is the owner of the horse which he is obliged to keep, let him belong to whom it will, and therefore no reason that the innkeeper should be obliged to deliver him until he is satis- fied." (Eac. Abr. Tit., Innkeepers'). If a man and his wife stay together at an inn, and credit is given to the husband, the innkeeper will have a lien for his charges not only against the goods of the husband, but also against the goods of the wife. He is not bound to discriminate between them. This will hold good although the innkeeper by having looked to the husband for payment, may have no right to sue the wife for any part of the Innkeeper's Lien. 57 money due. (Gordon v. Silber, 25 Q.B.D. 491 ; 59 L.J., Q.B. 509 ; 63 L.T. 283 (1890).) In other cases an innkeeper has no lieu on goods brought to an inn which he knew were not the pro- perty of the guest. The Forgetful Musician. Mr. Broadwood, the well known piano maker let a grand piano on hire to a pianist staying at a hotel in Leicester Place. When the latter gentleman departed without remembering either to pay his hotel bill or return the piano, Mr. Granara, the landlord, retained the instrument as security for the amount of his debt. Now Granara knew from the first that the piano was hired, and was not the property of his guest : consequently he was held not entitled to keep it as security for his money. (Q-ranara \ . Broadwood, L.R. 10 Ex. 417; 24 L.J., Ex. 1 (1854).) If an innkeeper gives credit to his guest for the amount of his bill, not looking to him for immediate payment, his lien on the goods will not arise so long as the credit lasts. But the mere fact of his taking other security such as a bill or note will not destroy his right of lien unless it appears that he agreed to wait till a future day for payment. (Angus v. M'Lachlan, 23 C.D. 330 ; 52 L.J., Ch. 587 ; 48 L.T. 863 (1883).) An innkeeper has no lien on goods left by a person who is not a guest, unless it be a horse, in which case he will have a lien for the cost of its keep. If, however, the innkeeper be also a livery stable keeper and receive the horse as such, he will have no lien. 58 Innkeeper's Lien. (Orchard v. Rackstraw, 9 C.B. 698 ; 19 L.J., C.P. 803 (I860).) The goods of a person staying at an inn, not as a guest, but as a lodger or boarder (seep. 49), cannot be retained for the innkeeper's lien, for in these cases the innkeeper is not responsible for their safe custody, and such responsibility is co-extensive with the right of lien. A tender by the guest of the whole sum due from him puts an end at once to the lien of the innkeeper who must deliver up the goods immediately whether he accepts the money or not. He cannot insist on being paid a further sum for having taken care of the goods, for he has retained possession of them, not to accommodate the guest, but for his own security. (Soames v. British Empire Shipping Coy., 8 H.L.C. 838; 30L.J., Q.B. 229 (I860).) If a gnest leaves an inn without paying his bill, and the landlord keeps his goods on account of lien, he is bound to take such care of them as a reason- able man would take of his own goods, but he is not liable to the same extent as if the guest were still enjoying his hospitality. (Angus v. M'Lachlan, 23 C.P. 330; 52 L.J., Ch. 587 48 L.T. 863 (1883).) Right of Innkeeper to sell goods on which he has a lien. The Innkeepers Act, 1878, provides in section 1, for the sale by innkeepers of goods over which they have a lieu. The section which is unusually intel- ligible is as follows : " The landlord, proprietor, keeper, or manager of any hotel, inn, or licensed public house shall in addition to his ordinary lien, have the right abso- Innkeeper's Lien. 59 lately to sell and dispose by public auction of any goods, chattels, carriages, horses, wares, or mer- chandise which may have been deposited with him or left in the house he keeps, or in the coach-house, stable, stable yard, or other premises appurtenant or belonging thereto, where the person depositing or leaving such goods, chattels, carriages, horses, wares, or merchandise shall be or become indebted to the said innkeeper either for any board or lodging, or for the keep and expenses of any horse or other animal left with or standing at livery in the stables or fields occupied by such innkeeper. " Provided that no such sale shall be made until after the said goods, chattels, .carriages, horses, wares, or merchandise shall have been for the space of six weeks in such charge or custody, or in or upon such premises without such debt having been paid or satisfied, and that such innkeeper, after having, out of the proceeds of such sale, paid himself the amount of any such debt, together with the costs and expenses of such sale, shall, on demand, pay to the person depositing or leaving any such goods, chattels, carriages, horses, wares, or merchandise the surplus (if any) remaining after such sale ; provided further, that the debt for the payment of which a sale is made shall not be any other or greater debt than the debt for which the goods or other articles could have been retained by the innkeeper under his lien. " Provided also, that at least one month before any such sale the landlord, proprietor, keeper, or manager shall cause to be inserted in one London newspaper, or one county newspaper circulating in the district where such goods, chattels, carriages, horses, wares,. 60 Innkeeper's Lien. or merchandise, or some of them, shall have been deposited or left, an advertisement containing notice of such intended sale, and giving shortly a descrip- tion of the goods and chattels intended to be sold, together with the name of the owner or person who deposited or left the same when known.'' 61 CHAPTEE VIII. OFFENCES AND PENALTIES. Selling intoxicating liquors without a licence ; Selling after closing time; Evidence of sale ; Entertainments, (c., on Sunday ; Keeping open when ordered to close in time of riot; Selling otherwise than in standard measures; Taking a pledge for the price of liquor ; Adulteration of drink ; Possession of liquors not covered by licence ; A llowing drunkenness or riotous conduct on premises, or selling to drunken person ; Selling intoxicating liquors to children; Employment of children; Harbouring thieves; Harbouring prostitutes ; Harbouring or bribing constables- Permitting premises to be a brothel; Gaming and betting; N on- production of licence when demanded; Forging a licence; Refusing to admit constable; Making or using an internal communication with unlicensed premises ; Letting premises for election purposes ; Allowing unlawful meetings; Infectious diseases; Signboards and notices ; Offences relating to billetting ; Offences in refreshment houses. SELLING INTOXICATING LIQUOE WITHOUT A LICENCE. Any person selling or exposing for sale by retail any intoxicating liquor which he is not licensed to sell, or selling or exposing for sale in a place not covered by his licence, is liable to the following penalties : (1) For the first offence, a fine not exceeding 50, or imprisonment for not longer than one month. 62 Offences and Penalties. (2) For the second offence, a fine not exceeding 100 or imprisonment for not more than three months. He may be disqualified for not more than five years from holding any licence for the sale of intoxicating liquors. If he is a licence holder his licence will be forfeited. The court may declare all intoxicating liquor found in his possession and the vessels containing it to be forfeited. (3) For the third offence, a fine not exceeding 100 or imprisonment for not longer than six months. He may be disqualified for any term or for ever, and the same rules apply as to for- feiture of licence and liquor as above. (Lie. Act, 1872, s. 8). The above mentioned penalties will be incurred by any occupier or occupiers of premises who are aware of such illegal sale and do not try to prevent it, by whomever the liquor may be actually sold. (Lie. Act, 1872, s. 4). If the seller of any intoxicating liquor for which he has not an on-licence allows the purchaser to drink the liquor on the premises or on any near or adjoining premises belonging to the seller or under his control, or on the adjacent highway, the seller will be liable ; (1) For the first offence, to a fine not exceeding 10; (2) For the second or any subsequent offence, to a fine not exceeding 20. (Lie. Act, 1872, s. 5). Convictions under this section may be recorded on the licence. The law may not be evaded by carrying or sending Offences and Penalties. 63 the liquor to another place outside the premises in order that it may be sold and drunk there. Such conduct will subject the seller to the penalties pro- vided in section 5 of the Act of 1872, and convictions may be recorded on the licence. (Lie. Act, 1872, s. 6). If a licence holder dies or goes into bankruptcy or liquidation before the termination of his licence, his heir, executors, administrators, or assigns, in the first case, or his trustee in the second or third case, will not be liable for selling intoxicating liquors on the premises between the date of the death, bank- ruptcy, or liquidation of the licence holder and the next Special Sessions. If the next Special Sessions are held within fourteen days of the death, bank- ruptcy or liquidation, they may go on selling till the next Special Sessions following. (See p. 29. Lie. Act, 1372, s. 3). A licensed holder selling at fairs or races outside his licensed premises without an occasional licence (see p. 32) will incur the penalties provided by section 3 of the Act of 1872. (Lie. Act, 1874, s. 18). SELLING INTOXICATING L1QUOKS AFTER CLOSING TIME. For allowing intoxicating liquors to be purchased on the premises after closing time, or allowing in- toxicating liquors purchased before the hour of closing to be consumed on the premises after closing time, a licence holder is liable to a penalty not exceeding 10 for the first, or 20 for any subsequent offence. (Lie. Act, 1874, s. 9). A conviction may be recorded on the licence. (See p. 87). As to the exemptions in the cases of bond fide travellers and lodgers see pages 9 & 12. 64 Offences and Penalties. EVIDENCE OF SALE OB CONSUMPTION OF INTOXICATING LIQUORS. " In proving the sale or consumption of intoxicat- ing liquors for the purpose of any proceeding relative to any offence under this Act, (Lie. Act, 1872, ex- tended to Lie. Act, 1874, see s. 1), it shall not be necessary to show that any money actually passed or any intoxicating liquor was actually consumed, if the court hearing the case be satisfied that a transaction in the nature of a sale actually took place, or that any consumption of intoxicating liquor was about to take place, and proof of consumption, or intended consumption, of intoxicating liquor on premises to which a licence under this Act is attached, by some person other than the occupier of or a servant in such premises, shall be evidence that such liquor was sold to the person consuming, or being about to consume, or carrying away the {same by or on behalf of the holder of such licence." (Lie. Act, 1872, s. 62). This section will apply in the case of the offences mentioned under the two last headings, also to the sale of intoxicating liquors to children, for which see page 68. ENTERTAINMENTS, ETC., ON SUNDAY. An innkeeper may not allow any part of his house to be used for any public entertainment or amuse- ment or for public debating on any subject to which persons are admitted by payment or by tickets sold for money on Sunday. Neither may he avoid this rule by charging higher prices for refreshments pro- vided on that day than on ordinary occasions. An innkeeper offending will be liable to a fine of 200, Offences and Penalties. 65 any person conducting the entertainment, 100, and any doorkeeper or servant assisting in the same, 50. Actions must be brought within six months. (21 Geo.III. c. 49, s. 1). KEEPING PREMISES OPEN WHEN ORDERED TO CLOSE THEM IN TIME OF RIOT. When riot or tumult happens, or is expected to happen, any two justices may order licensed houses in the neighbourhood to be closed. A licence holder keeping his premises open for the sale of intoxicating liquors when ordered to close them under the above circumstance is liable to a penalty not exceeding 50. (Lie. Act 1872, s, 23). SELLING OTHERWISE THAN BY STANDARD MEASURE. Every person who sells or allows any person under his control to sell half-a-pint or more of any intoxi- cating liquor (not in casks or bottles) by retail, otherwise than in measures marked according to the imperial standards, will be liable to forfeit the illegal measure in which the liquor was sold, and will be liable to a fine not exceeding 10 for a first, or 20 for any subsequent offence. (Lie. Act, 1872, s. 8). A sale of more than half-a-pint in a measure not marked is illegal, although the quantity asked for is not such as is provided for by any standard measure. (Payne v. Thomas 60 L.J., M.C. 3 ; 63 L.T. 456; 54 J.P. 824 (1890).) TAKING A PLEDGE FOR THE PRICE OF LIQUORS. A retailer of spirituous liquors who takes or receives any pawn or pledge as security for monies owing for spirituous liquors sold by retail is liable to 66 Offences and Penalties. a fine of forty shillings for every pawn or pledge taken, and the owner of the pawn or pledge may recover it without paying the money owed. (24 G-eo. IL, c. 40, s. 12). ADULTERATION OF DRINK. Section 8 of 48 & 49 Viet., c. 51, deals with the adulteration of beer as follows : " A dealer or retailer of beer shall not adulterate or dilute beer or add any matter or thing thereto (except finings for the purpose of clarification) , and any beer found to be adulterated or diluted or mixed with any other matter or thing (except finings) hi the possession of a dealer in or retailer of beer, shall be forfeited, and he shall incur a fine of 50." A publican has been convicted under this section for diluting strong beer with weak beer. (Crofts v. Taylor, 19 Q.B.D., 524; 56 L.J., M.G., 137; 57 L.T., 810; 51 J.P., 532 (1887).) The question of adulteration is further dealt with in the Sale of Food and Drugs Acts, 1875 & 1879. A penalty of 5 for the first offence and six months' imprisonment for subsequent offences is imposed on persons convicted of mixing injurious ingredients with food or drugs and selling the same. (88, 89 Vict.,c. 63, ss. 3,4). A penalty of 20 is imposed on persons selling articles of food or drugs not of the nature, substance, and quality of the article demanded, except where the mixing is necessary or unavoidable in the process of the production of the article as an article of commerce, and the added ingredient is not injurious to health. (Id. s. 6). Offences and Penalties. 67 As respects the adulteration of pure spirits with water, a seller will not be convicted for selling brandy, whiskey, or rum twenty-five degrees under proof, or gin thirty-five degrees under proof. (42 & 43 Viet., c. 30, s. 6). If a licensed person is convicted of an offence under any of the Acts above mentioned the con- viction will be entered in the register, and may be recorded on the licence, as if it were a conviction under one of the Licensing Acts. (Lie. Act, 1874, s. 14). POSSESSION OF INTOXICATING LIQUOKS NOT COVERED BY LICENCE. A licence holder on whose premises is found any kind of intoxicating liquor, which he is not author- ised to sell, will, unless he can show that he was in possession of the liquor innocently, and not for the purpose of sale, incur a fine not exceeding 1Q for the first, or 20 for any subsequent offence. (Lie. Act, 1872, s. 10). DRUNKENNESS OB BIOTOUS CONDUCT ON THE PKEMISES. Any person found drunk on licensed premises, even if it be the landlord unobtrusively drunk in his own bed, will be liable to a fine not exceeding ten shillings. A second conviction within the space of twelve months will be visited with a fine not ex- ceeding twenty shillings, and a third or any subsequent conviction within the same period, will be visited with a fine not exceeding fifty shillings. (Lie. Act, 1872, s. 12). A licensed person permitting drunkenness, or any violent, quarrelsome, or riotous conduct to take 68 Offences and Penalties. place on his premises, or selling any intoxicating liquor to any drunken person, will be liable to a fine not exceeding 10 for the first, or 20 for any subsequent Joffence, and the conviction may be re- corded on the licence. (Lie. Act, 1872, s. 13). As regards selling liquor to a drunken person, it is the landlord's duty to know whether a person he serves is drunk or sober, and he will not escape con- viction by showing that he did not know the cus- tomer was drunk. (Cundy v. Lecocq, 13 Q.B.D., 207; 53 L.J., M.C., 125; 51 L.T., 265; 48 J.P., 599 (1884).) A landlord will be liable for the acts of persons under his control, if they or any one of them has sold intoxicating liquor to a drunken person, unless he can show that he has done his best to prevent such things happening. Section 18 of the Act of 1872 authorises a licensed person to turn out drunken or disorderly people from his house, and he may call in a constable to assist him, if necessary. (See pp. 43-45). SELLING INTOXICATING LIQUORS TO CHILDBEN. A licence holder who sells or allows any person to sell any kind of spirits to a child apparently under sixteen, to be consumed on the premises, will be liable to a fine not exceeding twenty shillings for the first, or forty shillings for any subsequent offence. (Lie. Act, 1872, s. 7). For selling any kind of intoxicating liquors to a child under thirteen, to be consumed on the pre- mises by the child purchaser or any other child under thirteen, a licence nolder will incur a fine not Offences and Penalties. 69 exceeding twenty shillings for the first, or forty shillings for any subsequent offence. (49 & 50 Viet., c. 56, s. 1). EMPLOYMENT OF CHILDREN. Any person causing or procuring any boy under the age of fourteen years, or girl under the age of sixteen years to be in any licensed premises for the purposes of singing, playing, or performing for profit, or offering anything for sale, between 10 p.m. and 5 a.m., or any child under the age of ten years for the like purpose at any house, is liable to a fine not exceeding 25, or imprisonment for not more than three months, or both fine and imprisonment. (52 6 53 Viet., c. 44, s. 1). HARBOURING THIEVES. The Prevention of Crimes Act, 1871 (34 & 35 Viet., c. 112, s. 10) provides that every occupier of a house where intoxicating liquors are sold, who "knowingly lodges or knowingly harbours thieves or reputed thieves, or knowingly permits or know- ingly suffers them to meet or assemble therein, or knowingly allows the deposit of goods therein, hav- ing reasonable cause for believing them to be stolen, shall be guilty of an offence against this Act, and be liable to a penalty not exceeding 10, and in default of payment to be imprisoned for a period not exceed- ing four months, with or without hard labour," etc. For a first offence his licence may be, and for a subsequent offence shall be forfeited, and himself be disqualified for two years from receiving any such licence. Two convictions within three years in 70 Offences and Penalties. respect of the same premises will cause the pre- mises to he disqualified for one year. If the licence holder knows a person to be a thief he may not harbour him, although he may have cause to believe that he has come for no dishonest purpose. HARBOURING PROSTITUTES. " If any licensed person knowingly permits his premises to be the habitual resort of, or place of meeting of reputed prostitutes, whether the object of their so resorting or meeting is or is not prosti- tution, he shall, if he allow them to remain thereon longer than is necessary for the purpose of obtaining reasonable refreshment, be liable to a penalty not exceeding for the first offence 10, and not exceed- ing for the second and any subsequent offence 20." (Lie. Act, 1872, s. 14). A conviction may be re- corded on the licence. HARBOURING OR BRIBING CONSTABLES. " If any licensed person " (1) Knowingly harbours or knowingly suffers to " remain on his premises any constable during " any part of the time appointed for such con- " stable being on duty, unless for the purpose of " keeping or restoring order, or in the execution " of his duty ; or " (2) Supplies any liquor or refreshment, whether " by way of gift or sale, to any constable on " duty, unless by order of some superior officer " of such constable ; or " (3) Bribes, or attempts to bribe, any constable, "he shall be liable to a penalty not exceeding Offences and Penalties. 71 " for the first offence 10, and not exceeding " for the second or any subsequent offence 20." (Lie. Act, 1872, s. 16). The conviction may be recorded on the licence. If the servant of a licence holder serves liquor to a constable on duty, the master will be liable, although he did not know of the act of his servant, unless the servant did it clandestinely, or unless the servant honestly believed that the constable was not on duty, or that he had the authority of the con- stable's superior officer, or did not know that the man he served was a constable. (Mullins v. Collins, L.E., 9 Q.B., 292; 48 L.J., M.C., 67; 29 L.T., 838 ; 88 J.P., 84 (1874).) PERMITTING THE PREMISES TO BE A BROTHEL. A licensed person who allows his premises to be used as a brothel is liable to a fine not exceeding 20, will forfeit his licence, and be disqualified for ever from holding any licence for the sale of intoxi- cating liquors. (Lie. Act, 1872, s. 15). An innkeeper has been held rightly convicted under this section on proof that he allowed people to use his inn on one occasion for the purpose of having illicit sexual intercourse. (Reg. v. Parts of Holland, Lincolnshire, J.J. ; 46 J.P., 312 (1882).) An innkeeper is not bound to ask every couple that comes to his inn for their marriage certificate, but, if he knows they intend to use his inn for an improper purpose he should not let them have a room. GAMING AND BETTING. Section 17 of the Licensing Act of 1872 is as follows : 72 Offences and Penalties. " If any licensed person " (1) Suffers any gaming or any unlawful game to " be carried on on his premises ; or " (2) Opens, keeps, or uses, or suffers his house to " be opened, kept, or used in contravention of "the Act (16 & 17 Fie., c. 119) entitled 'An " Act for the Suppression of Betting Houses,' " he shall be liable to a penalty not exceeding " for the first offence 10, and not exceeding " for the second and any subsequent offence " 20. A conviction may be recorded on the " licence." Playing cards is not of itself unlawful, but playing any game for money or money's worth, whether you play skittles for beer or whist for penny points, is gaming. (Danford v. Taylor, 20 L.T., 483; 33 J.P., 612 (1869) Patten v. Rymer, 29 L.J., M.C. 189 (I860).) An innkeeper who allows his friends to play cards for money in his private parlour will be Liable. (Patten v. Rymer, above}. Some games are of themselves unlawful if played in a licensed house, without proof that any stake has been played for. Mr. Justice Hawkins in the case ofJenks v. Turpin (13 Q.B.D., 505 ; 53 L.J., M.C., 161 ; 50 L.T., 808 (1884) ) decides that baccarat is an unlawful game, also " ace of hearts, pharoah, basset, hazard, passage, roulet, every game of dice, except backgammon, and every game of cards which is not a game of mere skill," and he continues, " I incline to add, any other game of mere chance." Other games are not unlawful, if not played for a stake. (Beg. v. Ashton, 1 E. & B., 286; 22 L.J., M.C., 1 (1852).) Offences and Penalties. 73 An innkeeper will not be made liable by the mere fact that there has been gaming on his premises if he was ignorant of the fact and had no reason to suspect it. On the other hand he will not be ex- cused by the mere fact of his ignorance, if it appears that he purposely avoided knowing, took no pains to ascertain what was going on, and in fact connived at the gaming. If he leaves a servant in charge of the inn he will be liable for the knowledge or con- nivance of the servant. (Bedgate v. Haynes, L.R., 1 Q.B.D., 89 ; 45 L.J., M.C., 65: 83 L.T., 779 1876).) Under section 4 of 17 & 18 Viet., c. 88, the keeper of a common gaming house is liable to a fine of 500. (Betting Acts, 1853 & 1874). The question of betting stands on a somewhat different footing. An innkeeper is not liable for permitting persons to bet upon his premises, but he may not himself bet with comers to the inn, or hold deposits for betting purposes. Section 1 of the Bet- ting Act of 1853 enacts as follows : " No house, office, room, or other place shall be opened, kept, or used for the purpose of the owner, occupier, or keeper thereof, or any person using the same, or any person procured or employed by, or acting for or on behalf of such owner, occupier, or keeper, or person using the same, or of any person having the care or management, or in any manner conducting the business thereof, betting with persons resorting thereto ; or for the purpose of any money or valu- able thing being received by or on behalf of such owner, occupier, keeper, or person as aforesaid, as or 74 Offences and Penalties. for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse race, or other race, fight, game, sports or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency as aforesaid ; and every house, office, room, or other place opened, kept, or used for the purposes afore- said, or any of them, is hereby declared to be a common nuisance and contrary to law." (16 & 17 Viet., c. 119, s. 1). An owner or occupier offending against this section is liable to a fine of 100 with costs, or in default six months' imprisonment with hard labour. (Id. s. 3). The next section forbids any owner or occupier, etc. (as above) to " receive directly or indirectly, any money or valuable thing as a deposit on any bet on condition of paying any sum of money or other valu- able thing on the happening of any event or contin- gency of or relating to a horse race or any other race, or any fight, game, sport, or exercise, or as for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any monies or valuable thing on any such event or contingency, and any person giving any acknowledgment, note, security, or draft on the receipt of any money or valuable thing so paid or given as aforesaid purporting or intended to entitle the bearer or any other person to receive any money or valuable thing on the happening of any such event or contingency as aforesaid." Persons offending Offences and Penalties. 75 against this section are liable to a fine of 50 and costs, or in default to three months' hard labour. (Id. s. 4). Section 4 does not apply to persons holding stakes or deposits to be paid to the winner of any sport or the owner of a winning horse. (Id. s. 6). Any person advertising such betting houses as above mentioned is liable to a penalty of 30 or two months' hard labour. (Id. s. 7 & 37 Viet., c. 15). Powers of the Police. The justices (except in the Metropolitan Police District) may by warrant authorise constables to enter suspected gaming houses by force and arrest offenders. In the Metropolitan Police District this power is exer- cised by the Commissioners of Police. (8 & 9 Viet., c. 109, ss. 3, 6, 7). Persons obstructing constables may be fined 100 and in default sent to prison for six months with hard labour, and such obstruction will be prima facie evidence that the house is a common gaming house. (17 & 18 Viet., c. 38, ss. 1, 2). In respect of suspected betting houses the justices and the Commissioners of Police have the same powers of search as above. (16 & 17 Viet., c. 119, ss. 11, 12). Billiards. An innkeeper who has a billiard table may not allow it to be used before eight o'clock in the morn- ing, nor at any time on Sunday, Christmas Day, or Good Friday, or any day appointed to be kept as a public fast or thanksgiving, nor at any time when his 76 Offences and Penalties. premises may not be open for the sale of intoxicating liquors. (8 & 9 Viet., c. 109, s. 13). This prohibition extends to playing by guests lodg- ing at the inn. (Ovenden v. Raymond, 84 L.T., 698 (1876).) NON- PRODUCTION OF THE LICENCE WHEN DEMANDED. A licence holder refusing to shew his licence to any justice of the peace, constable, or officer of Inland Revenue when required will be liable to a penalty not exceeding 5. (Lie. Act, 1872, s. 64). FORGING A LICENCE. Any person forging a licence under the Wine and Beerhouse Acts or tendering such licence knowing it to be forged is liable to a penalty not exceeding 20 or to imprisonment with hard labour for six months. He will also be disqualified for ever from holding a licence under the above mentioned Acts. (Lie. Act, 1869, s. 11). DEFACING A RECORD OF CONVICTION. Any person who defaces or obliterates or attempts to deface or obliterate any record of a conviction on his licence, is liable to a penalty not exceeding 5. (Lie. Act, 1872, s. 34). REFUSING TO ADMIT A CONSTABLE. Every person who by himself or by any person in his employ or acting by his direction or with his consent, refuses or fails to admit any constable in the execution of his duty demanding admittance for the purpose of preventing or detecting the violation of any of the provisions of the Licensing Acts, 1872 Offences and Penalties. 77 and 1874, is liable to a penalty not exceeding 5 for the first offence or 10 for any subsequent offence. (Lie. Act, 1874, s. 16). INTERNAL COMMUNICATIONS WITH UNLICENSED PREMISES. " Every person who makes or uses, or allows to be made or used, any internal communication between any licensed premises and any unlicensed premises which are used for public entertainment or resort, or as a refreshment house, shall be liable to a penalty not exceeding 10 for every day during which such communication remains open." (Lie. Act, 1872, s. 9). In addition to this penalty a licence holder con- victed will forfeit his licence. (See pp. 6, 89). LETTING OR HIRING PREMISES FOR AN ELECTION MEETING OR COMMITTEE ROOM. Any person letting or hiring licensed premises for the purpose of an election committee room, or for holding a meeting for procuring the election of a candidate at a municipal election, will be liable to a penalty not exceeding 100. (46 & 47 Viet., c. 51, s. 20 ; 47 & 48 Viet., c. 70, s. 16). These sections will not apply if the room used for the above-men- tioned purpose or purposes has a separate entrance and does not directly communicate with any part of the premises where intoxicating liquors are sold. (Id.) UNLAWFUL MEETINGS. An innkeeper who knowingly permits any meeting of any unlawful society or club within the meaning of the Acts of 39 Geo. III., c. 79 & 57 Geo. III., c. 19, to be held in his inn is liable for the first offence 78 Offences and Penalties. to a penalty of 5 and for a subsequent offence will be deemed guilty of an unlawful combination and confredracy within the meaning of the Acts. (39 Geo, III., c. 79, s. 13 ; 57 Geo. III., c. 19, s. 28). Any two justices having jurisdiction in the district may, upon hearing evidence on oath as to such meet- ing having taken place at an inn, may declare the licence to be forfeited. (89 Geo. III., c. 79, s. 14; 57 Geo. III. c. 19, s. 29). INFECTIOUS DISEASES. An innkeeper admitting a guest to any part of an inn where a person suffering from any dangerous infectious disorder has been without having the place, and all articles there liable to retain infection, disin- fected to the satisfaction of a qualified medical prac- titioner as testified by a certificate, is liable to a penalty not exceeding 20. (29, 30 Viet., c. 9, s. 39; 88, 89 Viet., c. 55, s. 128. If he makes a false representation to a guest when questioned by him as to there being in the inn, or having been there within six weeks previously, any person suffering from an infectious, contagious, or epidemic disease, he is liable to a penalty not exceed- ing 20 or one month's imprisonment. (87, 88 Viet., c. 89, s. 56; 88, 89 Viet., c. 55, s. 129. SIONBOAKDS AND NOTICES. As to fixing up name, etc., of licensed person and penalties in respect of the same, see page 6. As to fixing up notices of exemption from closing regula- tions, and penalties, see page 13. Offences and Penalties. 79 OFFENCES RELATING TO BILLETTING. " If a keeper of a victualling house commits any " of the offences following, that is to say: " (1) Eefuses or neglects to receive any officer, " soldier, or horse billeted upon him in pursu- " ance of this Act, or to furnish such accommo- " datiou as is required by this Act ; or " (2) Gives or agrees to give any money or reward " to a constable to excuse or relieve him from "being entered in a list as liable or from his " liability to billets, or any part of such liability; "or "(3) Gives or agrees to give to any officer or " soldier billeted upon him in pursuance of this " Act any money or reward in lieu of receiving " an officer, soldier, or horse, or furnishing the " said accommodation : " He shall on summary conviction be liable to a fine of " not less than forty shillings, and not exceeding 5." (44 & 45 Viet., c. 58, s. 110). OFFENCES IN REFRESHMENT HOUSES. (As to these see pp. 105-108). 80 CHAPTEE IX. LEGAL PEOCEEDINGS IN RESPECT OF OFFENCES. I Charges for offences under the Licensing Act may be prosecuted before two or more justices ao Petty Sessions, or a stipendiary magistrate, and the defendant and his wife are " competent to give evidence at the hearing. (Lie. Act, 1872, s. 51). WHERE THE CHAEGE IS NOT PKOVED. If the prosecutor or complainant fails to prove his case, the court may order him to pay to the defendant such costs as shall be just and reasonable, and may enforce the same by issuing a warrant of distress. WHEEE THE CHAEGE IS PEOVED. Warrants of Distress. If a pecuniary penalty is inflicted upon the defendant, it may be enforced by a warrant of distress issued against the defendant's goods and chattels, and if no sufficient distress is to be found in the county or place where the warrant runs, it may be executed in another county or place where goods of the defendant are to be found after having been backed or endorsed by a justice in such county or place. Not only the penalty, but such costs also as the defendant may have been adjudged to pay, may Legal Proceedings in respect of Offences. 81 be enforced in the above manner. (11 & 12 Viet., c. 43, s. 19). If the Court thinks fit, the issue of the warrant of distress may be postponed until such time, or on such conditions as the Court may determine, and if it appears that the defendant has insufficient goods to satisfy the distress, or that the levy of distress will be more injurious to him or his family than im- prisonment, then the Court may if it thinks fit, instead of issuing a warrant of distress, order the person to be imprisoned on non-payment of the penalty, or the penalty and costs, for any time not longer than might be imposed, in default of sufficient distress, as provided below. (42 & 48 Viet., c. 49, s. 21). The wearing apparel, and bedding of a defendant and his family, and the tools and implements of his trade, to the value of 5, will not be taken under a warrant of distress. (42 & 43 Viet., c. 49, s. 21). Imprisonment in Default of Payment. If a defendant makes default in payment of any sum he has been adjudged to pay in respect of a penalty, or a penalty and costs, or if sufficient goods of the defendant cannot be found to satisfy the distress, or if the Court thinks fit to do so on the grounds specified above, the Court may issue a warrant committing the defendant to prison. (11 & 12 Viet., c. 43, s. 21). The period of imprisonment may be such as shall satisfy the justice of the case, but may not exceed in any case the maximum fixed by the following scale : 82 Legal Proceedings in respect of Offences. When the amount of the sum\ or sums of money adjudged to be (The said period paid by a conviction, as ascertained ["shall not exceed by the conviction, J Does not exceed 10 shillings ... 7 days Exceeds 10 shillings, but does not exceed 1 ... ... ... 14 days Exceeds 1, but does not exceed 5 ... ... ... ... 1 month Exceeds 5, but does not exceed 20 2 months Exceeds 20 8 months (42 & 43 Viet., c. 49, s. 5). If part of the sum adjudged to be paid has been recovered by distress, or paid as an instalment or otherwise, the term of imprisonment will be reduced, so as to have a proper relationship to the amount remaining unpaid. (Id. s. 21). Mitigation of Penalties. The court may for a first offence reduce the penalty as they think fit. For a second offence a penalty may not be reduced below 20 shillings. (Lie. Act, 1874, s. 12; 42 & 43 Viet., c. 49, s. 4). Payment by Instalments, Security, dc. " A Court of Summary Jurisdiction, by whose con- viction or order any sum is adjudged to be paid, may do all, or any of the following things, namely : (1) Allow time for the payment of the said sum ; and (2) Direct payment to be made of the said sum by instalments : and Legal Proceedings in respect of Offences. 83 (8) Direct that the person liable to pay the said sum, shall be at liberty to give to the satis- faction of that court . . . security with or without a surety or sureties for the payment of the said sum, or of any instalment thereof, and such security may be given and enforced in manner provided by this Act. When a sum is directed to be paid by instalments, and default is made in the payment for one instal- ment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid. (42 & 48 Viet., c. 49, s. 7). Power of the Court to Discharge a Defendant Without Punishment in Trifling Cases. If the court is of opinion that though the charge is proved, the offence was in the particular case of so trifling a nature, that it is inexpedient to inflict any punishment, or any other than a nominal punish- ment, (1) The court without proceeding to conviction, may dismiss the information, and if the Court thinks fit, may order the person charged to pay such damages, not exceeding 40 shillings, and such costs of the proceeding, or either of them as the court may think reasonable ; or (2) The court, upon convicting the person charged, may discharge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon, or to be of good behaviour, and either without payment of damages and costs, or subject to the payment of such damages and costs, or either of them, as 84 Legal Proceedings in respect of Offences. the court thinks reasonable." (42 & 43 Viet., c. 49, s. 16). No Costs in Cases of Small Fines. When the fine adjudged to be paid by the defendant does not exceed five shillings, no costs will be payable by the defendants, unless the Court thinks fit expressly to order otherwise. (Id. s. 8). BIGHT TO A TRIAL BY JURY. A person charged with an offence for which he may be punished on summary conviction by im- prisonment, for a term exceeding three months, may object to being dealt with summarily, and elect to go before a jury. If he wishes to claim this right, he must do so before the charge is gone into ; he may not wait to see how the case goes before making up bis mind (Id. s. 17). APPEALS TO QUARTER SESSIONS. From summary convictions there is an appeal to Quarter Sessions. (Lie. Act, 1872, s. 52). For Procedure on Appeals, see p. 94. " Where a licence is forfeited on or in pursuance of a conviction for an offence, and an appeal is duly made against such conviction, the court by whom the conviction was made, may, by order, grant a temporary licence to be in force during the pending of the appeal upon such conditions as they think just." Lie. Act, 1872, s. 53). NOTICE TO OWNERS OF OFFENCES BY TENANTS. RIGHT OF APPEAL. " Where any tenant of any licensed premises is Legal Proceedings in respect of Offences. 85 convicted of any offence against this Act, and such offence is one the repetition of which may render the premises liable to be disqualified from receiving a licence for any period (see next chapter), it shall be the duty of the clerk of the licensing justices to serve, in manner provided by this Act, notice of every such conviction on the owner of the premises." Where any order of a Court of Summary Juris- diction, declaring any licensed premises to be dis- qualified from receiving a licence for any period has been made, the court shall cause such order to be served on the owner of such premises, where the owner is not the occupier, with the addition of a statement that the court will hold a Petty Sessions at the time and place therein specified, at which the owner may appear and appeal against such order on all or any of the following grounds, but on no other grounds : (a) That notice, as required by this Act, has not been served on the owner, of a prior offence, which on repetition renders the premises liable to be disqualified from receiving a licence at any period ; or (6) That the tenant by whom the offence was committed, held under a contract made prior to the commencement of this Act, and that the owner could not legally have evicted the tenant in the interval between the commission of the offence, in respect of which the disqualifying order was made, and the receipt by him of the notice of the immediate preceding offence, which on repetition renders the premises liable to be dis- qualified from receiving a licence at any period; or 86 Legal Proceedings in respect of Offences, (c) That the offence in respect of which the dis- qualifying order was made occurred so soon after the receipt of such last mentioned notice, that the owner, notwithstanding he had legal power to evict the tenant, could not with reasonable diligence have exercised that power in the interval which occurred between the said notice, and the second offence. If the owner appear at the time and place specified, and at such Sessions, or any adjournment thereof, satisfy the court that he is entitled to have the order cancelled on any of the grounds aforesaid, the court shall thereupon direct such order to be cancelled, and the same shall be void." (Lie. Act, 1872, s. 56). (As to proceedings on appeal, see pp. 94-98). 87 CHAPTEE X. EESULTS OF CONVICTIONS. Records of Convictions; Forfeiture of Licence; Dis- qualification of Offenders; Disqualification of Premises. RECORDS OF CONVICTIONS. The offences mentioned below may be recorded on the licence : The seller of intoxicating liquor, allowing such liquor to be drunk on his premises contrary to licence. (Lie. Act, 1872, s. 5. Seep. 62). Evasion of the law as to drinking on the premises contrary to the licence (id. s. 6. See p. 62). Permitting drunkenness or riotous conduct on the premises ; (id. s. 18. See p. 67). Harbouring prostitutes ; (id. s. 14. See p. 70). Harbouring constables ; (id. s. 16. See p. 70). Permitting gaming; (id. s. 17. Seep. 71). Keeping open a refreshment house on which an abatement of duty has been allowed after ten o'clock at night; (id. s. 28. See p. 106). Keeping open premises for the sale of intoxicating liquors after closing time; (Lie. Act, 1874, s. 9. See p. 63). Adulteration of drink; (id. s. 14. See p. 66). Eefusing to admit a constable; (id. s. 16, See p. 76). The Licensing Act, 1872, provides the following 88 Results of Convictions. rules of procedure in the case of persons charged with the offences above : "(1) The court before whom any licensed person " is accused shall require such person to produce " and deliver to the clerk of the court the licence " under which such person carries on business, ' ' and the summons shall state that such produc- " tion will be required ; " (2) If such person is convicted, and the conviction "is ordered to be recorded on the licence, the " short particulars of such conviction, and the ' ' penalty imposed, shall be endorsed on his " licence before it is returned to the offender ; " (3) The clerk to the licensing justices shall enter " the particulars respecting such conviction, or " such of them as the case may require in the "register of licences kept by him under this "Act." (Lie. Act, 1872, s. 55). The Licensing Act, 1874, further provides that the court before whom the offender is brought shall cause the register of licences in which the licence of the offender is entered or a certified copy of the entries relating to the licence in question to be produced to the court before passing sentence, and after inspecting the entries, the court shall declare as part of its sen- tence whether or not it will cause the conviction to be recorded on the licence. Such declaration will be deemed to be a part of the conviction. (Lie. Act, 1874, s. 13). After five years from the date of a conviction the record will not be received in evidence against an offender so as to subject him to an increased penalty or forfeiture. (Lie. Act, 1872, s. 32). Results of Convictions. 89 If a licence holder is convicted of more than one offence that may be recorded on the same day the justices may order only one such conviction to be recorded. (Lie. Act, 1872, s. 57). If a conviction which has been directed to be re- corded on a licence has not been so recorded the court having cognisance of a case may nevertheless give the same weight to such conviction provided it can be proved, and an omission to record a conviction directed to be recorded will not exempt an offender from any penalty to which he would have been liable had the conviction been recorded. (Lie. Act, 1872, s. 33). FOBFEITURE OF LICENCE. If a licence holder against whom two convictions are already recorded is convicted of an offence which the justices direct to be recorded, the licence of the offender will be forfeited, and he will be disqualified for five years from holding any licence. (Lie. Act, 1872, s. 30). Forfeiture of the licence for a first conviction is imperative in the following cases : (1) For making an internal communication between licensed and unlicensed premises. (See p. 77). (2) For forging a licence under the Wine and Beerhouse Acts. (See p. 76). (3) For allowing meetings of an unlawful society or club to be held on the premises. (See p. 77). (4; For permitting the premises to be a brotheL (See p. 71). (5) For any felony; (3 & 4 Viet., c. 61, s. 7; 23 & 24 Viet., c, 27, s. 22 ; Lie. Act, 1870, s. 14), 90 Results of Convictions. (6) For selling spirits without a licence; (8 & 4 Viet., c. 61, s. 16 ; 28 & 24 Viet., c. 27, s. 22). For harbouring thieves the licence may be forfeited for a first and must be forfeited for a second conviction. For refusing to admit a constable into a refreshment house, for offences under Lie. Act, 1872, s. 3 (see p. 61) the licence may be forfeited on a second con- viction. For certain offences in refreshment houses (see p. 107) the licence may be forfeited on a third conviction. DISQUALIFICATION OF OFFENDERS. For offences 2, 4, 5 and 6 (above) forfeiture will be accompanied by disqualifi cation for life. On a third conviction for an offence which is directed to be re- corded the offender will be disqualified for five years. On a second conviction under Lie. Act, 1872, sec. 8 (see p. 61) the offender may be disqualified for five years, and on a third conviction he may be disqualified for ever. On a second conviction for harbouring thieves the offender will be disqualified for two years. DISQUALIFICATION OF PREMISES . When a licence holder is convicted for the third time of an offence which is directed to be recorded on his licence, " the premises in respect of which his licence was granted shall, unless the court having cognisance of the case in its discretion thinks fit otherwise to order, be disqualified from receiving any licence for a term of two years from the date of such third conviction." (Lie. Act, 1872, s. 80). The following rules will apply only to cases where the persons convicted have not been licensed in respect Results of Convictions. 91 of the same premises continuously since before the 10th August, 1872 : (1) " The second and every subsequent conviction " recorded on the licence of any one such person " shall also be recorded in the register of licences " against the premises ; " (2) When four convictions (whether of the same "or of different licensed persons) have within " five years been so recorded against the premises, " those premises shall during one year be dis- " qualified for the purposes of this Act ; " (8) If the licences of two such persons licensed "in respect of the same premises are forfeited " within any period of two years, the premises " shall be disqualified for one year from the date " of the last forfeiture" ; Notice of disqualification will be served on the owner of the premises; see p. 100. (Lie. Act, 1872, s. 31). 92 CHAPTBE XI. APPEALS. Appeals in licensing matters ; Appeals from convic- tions ; Appeals by special case ; Mandamus. Sections 27, 28, and 29, of the Licensing Act, 1828, laid down rules of procedure for appeals in licensing matters. These sections were repealed by the Licensing Act, 1872, sec. 75, except so far as they relate to the renewal or transfer of licences. Appeals against convictions must follow the pro- cedure laid down by the Summary Jurisdiction Act, 1879 (42 & 43 Viet., c. 49). There is no appeal against a refusal to grant a new licence. (Lie. Acts, 1872, a. 75, 1874, s. 27). IN RESPECT OF TEANSFEES AND RENEWALS. An applicant who has been refused a renewal or transfer may appeal to the next Quarter Sessions of the county. If the next Quarter Sessions are to be held less than fifteen days from the day when the decision appealed against was given, then the appeal should be brought to the next Quarter Sessions following. (Lie. Act, 1828, s. 27, 42 & 43 Viet., c. 49, s. 32). Notice. Notices of appeal must be given to the justices whose decision is appealed against within five days Appeals. 93 after the decision has been given, and at least four- teen days before the session, to which the appeal is brought. (Id. & see 12 & 18 Viet., c. 45, s. 1). Recognisances. Within five days from the decision appealed against the appellant must enter into a recognisance with two sufficient sureties before a justice acting in the county or place, where the decision which is appealed against was given, that he will appear at Quarter Sessions, and try the appeal, abide the judgment of the court, and pay such costs as shall be awarded. (Lie. Act, 1828, s. 27). Permission to Continue Pending Appeal. " Where the justices refuse to renew a licence, and an appeal against such refusal is duly made, and such licence expires before the appeal is determined, the Commissioners of Inland Eevenue may, by order, permit the person whose licence is refused to carry on his business during the pending of the appeal upon such conditions as they think just ; and subject to such conditions, any person so permitted may, during the continuance of such order, carry on his business in the same manner as if the renewal of the licence had not been refused." (Lie. Act, 1872, s. 53). The Hearing. The justices at Quarter Sessions will hear the evidence over again and form their own judgment on the merits of the case, and decide questions of law. If the appeal is successful they will renew or transfer the licence in the same manner as if such 94 Appeals. licence had been renewed at the General Annual Licensing Meeting or had been transferred at Special Sessions. (Lie. Act, 1828, s. 27). Uosts. If an appellant is successful he will only have his own costs to pay ; if he fails or abandons his appeal he may be adjudged to pay the costs of the justices against whose decision he has appealed, and in addi- tion to the forfeiture of his recognisances he may be sent to prison if he refuses or neglects to pay the costs adjudged against him. (Lie. Act, 1828, ss. 27, 29). (As to appeals by owners see p. 101^). (As to appeals by case stated see p. 97 ). IN KESPECT OF CONVICTIONS. Appeals against convictions by magistrates are governed by the Summary Jurisdiction Act, 1879, section 31, which provides as follows : To what Court Appeal must be Brought. " The appeal shall be made to the next practicable court of general or Quarter Sessions having jurisdic- tion in the county, borough, or place for which the said Court of Summary Jurisdiction (i.e. the court which made the conviction) acted, and holden not less than fifteen days after the day on which the decision was given upon which the conviction or order was founded." (Sub-sec. 1). Notice. " The appellant shall, within .... seven days after the day on which the said decision of the Appeals. 95 court was given, give notice of appeal by serving on the other party, and on the clerk of the said Court of Summary Jurisdiction notice in writing of his inten- tion to appeal, and of the general grounds of such appeal." (Sub-sec. 2). " Every notice in writing required by this section to be given by an appellant shall be in writing signed by him, or by his agent on his behalf, and may be transmitted as a registered letter by the post in the ordinary way, and shall be deemed to have been served at the time when it would be delivered in the ordinary course of the post. (Sub-sec. 7). Recognisances. " The appellant shall .... within three days after the day on which he gave notice of appeal, enter into a recognisance before a Court of Summary Jurisdiction, with or without a surety, or sureties as that court may direct, conditioned to appear at the said sessions, and to try such appeal, and to abide the judgment of the court of appeal thereon, and to pay such costs as may be awarded by the court of appeal, or the appellant may, if the Court of Summary Jurisdiction before whom the appellant appears to enter into a recognisance think it expedient, instead of entering into a recognisance, give such other security, by deposit of money with the clerk of the Court of Summary Jurisdiction or otherwise, as that court deem sufficient." (Sub-sec. 3). Release from Custody Pending Appeal. " When the appellant is in custody, the Court of Summary Jurisdiction before whom the appellant appears to enter into a recognisance may, if the 96 Appeals. court think fit, on the appellant entering into such recognisance or giving such other security as afore- said, release him from custody." (Sub-sec. 4). The Hearing; Powers of tJie Court; Costs. 11 The court of appeal may adjourn the hearing of the appeal, and upon the hearing thereof may confirm, reverse, or modify the decision of the Court of Summary Jurisdiction or remit the matter, with the opinion of the court of appeal thereon, to a Court of Summary Jurisdiction acting for the same county, borough, or place as the court by whom the convic- tion or order appealed against was made, or may make such other order in the matter as the court of appeal may think just, and may by such order exercise any power which the Court of Summary Jurisdiction might have exercised, and such order shall have the same effect, and may be enforced in the same manner, as if it had been made by the Court of Summary Jurisdiction. The court may also make such order as to costs to be paid by either party as the court may think just." (Sub-sec. 5). Memorandum when Decision not Confirmed. " Whenever a decision is not confirmed by the court of appeal, the Clerk of the Peace shall send to the Clerk of the Court of Summary Jurisdiction, from whose decision the appeal was made for entry in his register, and also endorse on the conviction, or order appealed against, a memorandum of the decision of the court of appeal, and whenever any copy or certificate of such conviction or order is made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence of the said Appeals. 97 decision in every case where such copy or certificate would be sufficient evidence of such conviction or order." (Sub-sec. 6). An Owner may not Appeal. An owner has no right to appeal against a con- viction of his tenant, although such conviction may lead to the disqualification of the premises. (Reg. v. Andover, J.J., 16, Q.B.D., 711 ; 55 Z.J., M.C., 143 ; 50 J.P., 549 (1886).) (As to the rights of owners, see pp. 99 to 101). APPEALS BY SPECIAL CASE. " Any person aggrieved who desires to question a conviction, order, determination, or other proceeding of a Court of Summary Jurisdiction, on the ground that it is erroneous in point of law, or is in excess of jurisdiction, may apply to the court to state a special case, setting forth the facts of the case, and the grounds on which the proceeding is questioned, and if the court decline to state a case, may apply to the High Court of Justice for an order requiring the case to be stated." (42 & 43 Viet., c. 49, s. 33). Under this section, appeals may be brought by persons who have been refused renewals or transfers, or who have been convicted of offences. An appli- cation to the justices must be made within seven days of the day when the decision was given, against which it is desired to appeal, and the case must be stated by the justices within three calendar months after the application. The application should be made in writing to all the justices who have joined in the order or decision appealed against. 98 Appeals. Three days after the appellant has received the case from the justices, he must transmit it to the Crown Office of the High Court, having first given notice of appeal to the other party, and also a copy of the special case. The appellant must enter into a recognisance with or without sureties, and in such a sum as the justices may think fit. (20 & 21 Viet., c. 43, s. 3). The High Court will not review the finding of the justices as to matters of fact, but will declare the law applicable to the facts stated. Appeals from Quarter Sessions. The justices at Quarter Sessions cannot be com- pelled to state a case for the opinion of the High Court, but they may do so if they think fit. MANDAMUS. If the justices have refused to hear an application for a new licence, or a renewal or transfer on the merits of the case, or have refused a renewal or transfer of an old beer-house licence, on grounds other than the four prescribed grounds (seep. ), or have given their decision on grounds not proper to be entertained, or have wrongly declined to exercise their jurisdiction, a mandamus may be applied for to the High Court within two months of the decision complained of. If the application for a mandamus is granted, the justices will be directed to re-hear the case. A mandamus is sometimes granted when the justices have gone wrong on a point of law, other than the question of jurisdiction. 99 CHAPTEE XII. EIGHTS OF OWNERS. Registration of owners' names ; Owners entitled to notice of certain convictions ; Owners may obtain orders for continuance in certain cases of forfeiture ; Removal of licence not granted without consent of owner of premises. REGISTRATION OF OWNERS* NAMES. "Every person applying for a new licence, or the renewal of a licence, shall state the name of the owner of the premises in respect of which such licence is granted or renewed, and such name shall be endorsed on the licence, and the person whose name is so stated shall, subject as hereinafter men- tioned, be deemed for the purposes of this Act to be the owner of the premises. A Court of Summary Jurisdiction may on the application of any person who proves to the court that he is entitled to be entered as owner of any premises in place of the person appearing on the register to be the owner, make an order substituting the name of the appli- cant, and such order shall be obeyed by the clerk of the licensing justices, and a corresponding correction may be directed to be made on the licence granted in respect of the premises of which such applicant claims to be the owner." (Lie. Act, 1872, s. 36). "Any person possessing an estate or interest in 100 Bights of Owners. premises licensed for the sale of intoxicating liquors, whether as owner, lessee, or mortgagee, prior or paramount to that of the immediate occupier, shall, on payment of a fee of one shilling to the clerk of the licensing justices, be entitled to be registered as owner or one of the owners of such premises. Provided, that when such estate or interest is vested in two or more persons jointly, one only of such persons shall be registered as representing such estate or interest. (Lie. Act, 1874, s. 29). OWNERS ENTITLED TO NOTICE OF CERTAIN CONVICTIONS. " Where any tenant of any licensed premises is convicted of an offence under this Act, and such offence is one the repetition of which may render the premises liable to be disqualified from receiving a licence for any period, it shall be the duty of the clerk of the licensing justices to serve in manner provided by this Act, notice of every such conviction on the owner of the premises." (Lie. Act, 1872, s. 56). This extends to convictions under the Sale of Food and Drugs Acts. (See p. 66). When an order disqualifying premises for any period has been made (see p. 90^ notice must be served on the owner of the premises, if the owner is not also the occupier. The notice will also state at what time a Petty Sessions will be held, at which the owner may appeal on all or any of the grounds set out on page . If the owner appears before the court at the time stated, and persuades them that he is entitled to relief on the grounds above referred to, the court will direct the order of disqualification to be cancelled. (Lie. Act, 1872, ss. 13, 56). Bights of Owners. 101 OWNEES MAY OBTAIN ORDERS FOR CONTINUANCE IN CERTAIN CASES OF FORFEITURE. In certain cases where a tenant has been convicted of an offence which entails forfeiture, the owner will be permitted to continue the business until next Special Sessions, at which Special Sessions he may apply for a transfer under the Licensing Act, 1828. (Seep. 30). REMOVAL OF LICENCE NOT GRANTED WITHOUT CONSENT OF OWNER OF PREMISES. When an application is made for the removal of a licence, notice must be given to the owner of the premises from which the licence is to be removed, and a removal order will not be granted if the owner objects. (Seep. 30). APPEALS BY OWNERS. An owner may join with his tenant in an appeal from a refusal to grant a renewal or transfer, and the term owner includes a mortgagee. A mortgagee holding an irrevocable power of attorney to do all Acts necessary to obtain a transfer has been held entitled to apply for a renewal against the wish of the occu- pier himself. (Garrett v. Middlesex J.J., 12 Q.B.D., 620 ; 53 L.J., M.C. 81 ; 48 J.P. 358 (1884).) An owner has no right of appeal in the case of a conviction against his tenant. (Seep. 97). 102 CHAPTER XIII. BEFRESHMENf HOUSES. All houses, rooms, shops, or buildings kept open for public refreshment and resort at any time between ten o'clock at night and five o'clock in the morning, and which are not licensed for the sale of beer, cider, wine, or spirits, are deemed refreshment houses and must take out excise licences. (See p. 36, 23 & 24 Viet., c. 27, *. 6; 24 & 25 Viet., c. 91, s. 8). Xo justices licence is necessary for a refreshment house where no intoxicating liquors are sold. A refreshment house which is open for the lodging and entertainment of guests is an inn, and the keeper is liable for the safety of his guests goods, and has a lien on them for his charges like an ordinary innkeeper. REFRESHMENT HOUSE LICENCES. Eefreshment house licences are granted to the occupiers of such places by the Excise Authorities. A licence granted between the end of March and the first of May, is in force until the first of April in the following year ; a licence granted at any other time is in force till the first of April following. (23 & 24 Viet., c. 27, 88. 10, 11). The licence must be renewed every year, and expires with the death of the holder. Nevertheless, the executors, administrators, widow, or child of a Refreshment Houses, 103 licence holder who dies before the expiration of his licence, may obtain from the Excise Authorities a permission by endorsement on the licence to continue the business until the end of the term. The person applying under these circumstances must show that he is in possession and occupation of the premises in question. (23 & 24 Viet., c. 27, ss. 11, 12). When a licence holder removes from the premises a new occupier can obtain a transfer of the licence from the Excise Authorities. (6 Geo. IV., c. 81, s. 21 ; 25 & 26 Viet., c. 22, s. 15). An occasional licence permitting the holder to sell for not more than three days at a time on unlicensed premises may be obtained from the Excise Authori- ties, and a justice's consent will be also necessary. (26 & 27 Viet., c. 33, s. 20; 27 & 28 Viet., c. 18, s. 5). HOURS OF CLOSING. A refreshment house keeper may not keep his premises open for the sale of any article whatever, during the hours at which premises for the sale of intoxicating liquors are required to be closed. (See p. 106) ; but this does not apply to the sale of refresh- ments to guests lodging in the house. (Lie. Act, 1874, s. 11). An occasional licence may be obtained from the Local Authority enabling a refreshment house keeper to keep his premises open to any hour specified in the licence. The Local Authority in question will be as follows : (1) In the Metropolitan Police District, the Com- missioner of Police for the Metropolis, subject 104 Refreshment Houses. to the approbation of one of Her Majesty's principal Secretaries of State. (2) In the City of London and the liberties thereof, the Commissioner of the City Police subject to the approbation of the Lord Mayor of the said city. (8) In any district, city, or town, where Petty Sessions are held, except in the Metropolitan Police District, two Justices of the Peace sitting in Petty Sessions. (4) In any other district, city, or town, two Justices of the Peace acting in the district, city, or town. (27 & 28 Viet. c. 64, ss. 7,8; 28 & 29 Viet., c. 77, s. 5). If intoxicating liquors are sold the application should be made, under the Licensing Act, 1872, sec. 29. (See p. 32). Exemptions. When it appears necessary or desirable for the accommodation of any considerable number of persons attending any public market, or following any lawful trade or calling in the neighbourhood that a refreshment house should be allowed to be kept open at other than the regular hours, the justices may grant a licence exempting him from the closing regulations on such days, and during such time as they may think fit, between the hours of two and four o'clock in the morning. The holder of such a licence must fix up in a conspicuous place outside his house a printed notice stating the days and special hours during which, and the class of persons for whom, such licence has been granted. (28 & 29 Refreshment Houses. 105 Viet. c. 77, ss. 2, 3). An exemption order may also be obtained under the Licensing Acts, 1872 & 1874. (Seep. 13). WINK LICENCES. The holder of a refreshment house licence may obtain an excise licence enabling him to sell foreign wine by retail, and such licence includes made wine and sweets. (23 & 24 Viet., c. 27, s. 7). Such licence will not be granted to any house of a less rent and value than 10 a year, and if situated in any city, borough, town, or place containing over 10,000 inhabitants, 20 a year. (Id. s. 8). A Justice's Licence Necessary. An excise licence to sell wine by retail will not be granted without first procuring a licence from the justices, in respect of which application must be made and notices served, etc., as for an alehouse or beerhouse licence, for which see on page . (Lie. Act, 1869, s 4). A refreshment house keeper cannot obtain a licence to sell spirits without obtaining a justice's alehouse licence. Officers of Excise may enter premises licensed for the sale of wine by retail at any time, and if any spirits are found in any place used for storing, keeping, or retailing wine, the licence holder may be fined 50. The spirits wiU be forfeited and the licence become void. (23 & 24 Viet., c. 27, ss. 24, 25). OFFENCES AND PENALTIES. Keeping a Refreshment House Without a Licence. Any person keeping a refreshment house for which 106 Refreshment Houses. a licence is required (see p. 102) without having a proper licence is liable to a fine of 20. (23 & 24 Vict.,c. 27, s. 9). Keeping open after closing time, penalty 5. (Seep. 103, 27 & 28 Viet., c. 64, s. 5). Allowing Intoxicating jLiquors to be Drunk after Closing Hours in Certain Refreshment Houses. "If any keeper of a refreshment house not licensed for the sale of intoxicating liquors allows any intoxicating liquor to be consumed on the premises during the hours during which the same premises would, if licensed for the sale of intoxicating liquors, be closed by law for the sale of such liquors, he will be liable to a fine of 10 for the first and 20 for any subsequent offence. (Lie. Act, 1872, s. 27). This section forbids a refreshment house keeper to allow persons, including his lodgers, to drink intoxi- cating liquors which they may have purchased else- where, in the refreshment house after the public houses have been closed. A refreshment house with a wine licence in respect of which an abatement in the excise duty has been allowed under section 9 of the Act 24 & 25 Viet., c. 91 (see p. 37) must be closed every night at ten o'clock, and if the occupier keeps his house open, or sells or exposes for sale, or allows to be drunk on the premises, any intoxicating liquor after that hour is liable to a fine of 10 for the first and 20 for any subsequent offence, and the conviction may be recorded on his licence. (Lie. Act, 1872, s. 28). He will be also liable under 23 & 24 Viet., c. 27, s. 9, (see above) and under sec. 19 of the same Act (see Refreshment Houses. 107 below] and for the penalties mentioned on pages 11 and 63, but he will not be punished twice for the same offence. (Lie. Act, 1872, s. 59). Selling wine by retail without a licence, penalty 20. (23 & 24 Viet., c. 27, s. 19). Selling intoxicating liquors generally without a licence. (See pp. 61-63). Other Offences. "Every person licensed to keep a refreshment house under this Act who shall . . . knowingly suffer any unlawful games or gaming therein, (see p. 71), or knowingly suffer prostitutes, thieves, or drunken and disorderly persons to assemble at or continue in or upon his premises, or do suffer, or permit any act in contravention in his licence, shah 1 , upon conviction thereof before two justices, pay for the first offence a fine not exceeding forty shillings, for the second offence a fine not exceeding 5, and for every subsequent offence a fine not exceeding 20, or be subject to a forfeiture of his licence, at the discretion of the justices before whom he shall be convicted ; and in case of such forfeiture of his licence, such person shall be disqualified for the space of one year then next ensuing from obtaining a fresh licence ; and such fresh licence, if obtained within the said year, shall be absolutely null and void to all extents and purposes." (23 & 24 Viet., c. 27, s. 82). The keepers of refreshment houses with wine licences are subject to the penalties imposed by the Licensing Acts, 1872 & 1874. (See c. VIII). Such 108 Refreshment Houses. persons on whose premises spirits are found are liable to a fine of 50, in addition to which both the spirits and the licence will be forfeited. (See p. 105). 109 APPENDIX. FORMS OF NOTICES. NOTICE OF APPLICATION FOR A NEW LICENCE. (See p. 18). To A. B., one of the Overseers of the parish of and to C. D., the Superintendent of Police of the district. I, [insert name in, full J of [address in full] hereby give you notice that I intend to apply at the next general annual licensing meeting for the division of the county of [or] for the borough of to be; held at on the day of , 18 , for a licence to sell all intoxicating liquors [or specify par- ticular liquors] to be consumed on the premises situated at [insert full address of premises] and known as [insert name or sign of premises]. Dated this day of , 18 . Signed, E. F. NOTICE OF APPLICATION TO TRANSFER A LICENCE. (See p. 26). To A. B., one of the Overseers of the parish of and to C. D., the Superintendent of Police of the district. I, [insert name in full] of [address in full] hereby give you notice that I intend to apply at the next special 110 Appendix. sessions for the division of the county of [or] for the borough of , to be held at on the day of , 18 , for permission to transfer the licence now held by me for the sale of all intoxicating liquors [or describe particular liquors] to be consumed on the premises situated at [insert full address of premises] and known as [insert name or sign of premises] to E. F., of [insert full address] who has during the last six months resided at and has during the same six months carried on the business of [or] has been employed as a [insert business or employ- ment of transferee]. Dated this day of , 18 . Signed, G. H. [When the application is to be made by the executor or administrator or by the trustee of the licensed person this form must be varied accordingly]. [When the application is to be made by a new tenant (see p. 27) use the following form]. .To A. B., etc. (as above). I, [insert name in full] of [address in full] who have for the last six months resided at and have during the same six months carried on the business of [or] have been employed as a [insert business or employ- ment] hereby give you notice that I intend to apply at the next special sessions for the division of the county of [or] for the borough of to be held at on the day of , 18 , for a transfer to me of the licence held [or] formerly held by E. F. for the sale of all intoxicating liquors [or describe particular liquors] to be consumed on the premises situated at [full address of premises] and known as [name or sign of premises]. Dated this day of , 18 . Signed, G. H. Appendix. Ill NOTICE OF APPLICATION FOR THE REMOVAL OF A LICENCE. (Seep. 30). To A. B., etc. (as above). I, [insert name in full] of [address in full] hereby give you notice that I intend to apply at the general annual licensing meeting for the division of the county of [or] for the borough of to be held at on the day of , 18 , for the removal of a licence now held by E. F. [or] by me, for the sale of all intoxicating liquors [or describe particular liquors] to be consumed on the premises situated at [full address of old premises] and known as [name or sign of old premises] from the above-mentioned premises to the premises situated at [full address of premises to which licence is to be removed] and known as [name or sign of premises] ; of which licence, when removed, I desire to be the holder. Dated this day of , 18 . Signed, G. H. 112 INDEX. PAQB8 ADULTERATION of drink 66 ALEHOUSE LICENCES 16 ANNUAL VALUE, as qualification of premises 3,4 method of calculating 5 APPEALS. In licensing matters 92-94 none on refusal to grant new licence 19, 92 in respect of renewals and transfers 25, 92 notice must be given 92, 93 recognisances 93 permission to continue pending appeal 93 hearing of appeal 93, 94 costs of 94 right of owner to appeal 101 From convictions t 94-97 notice must be given 94, 95 recognisances 95 release pending appeal 95, 96 the hearing, costs, etc 96 By special case 97, 98 BANKRUPTCY of licence holder, transfer of licence . .27, 29 right of trustee to continue business till next transfer sessions 29 BEER, justices's licence 16 excise licence 36 adulteration of 66 BEERHOUSE. Licence 16 applicant for licence must be resident occupier ... 17 renewing or transferring old licences 23, 24, 26 BETTING on licensed premises 73-75 BILLETTING, offences in relation to 79 BILLIARDS, close time for 15, 75, 76 BROTHEL, licensed premises may not be used as 7, 71 Index. 118 CHILDREN, selling intoxicating liquors to 68, 69 employment of, on licensed premises 69 CLOSING, hours of 9-15 offences and penalties in relation to 11, 12, 63 of refreshment houses 1 03 1C5 exemptions from regulations 13, 32, 104 in time of riot 14, 65 CONFIRMATION, of new licences 20 who may appear in opposition to 20 of removal orders 31 CONSTABLE, enforcing closing regulations 12 refusing to admit 76 innkeeper may call in constable to turn out- drunken or disorderly persons 43, 68 CONTINUANCE, orders granted pending appeal 93 orders granted to owners in certain cases of for- feiture 30, 101 CONVICTIONS, see RESULTS OF CONVICTIONS. defacing record of 76 DEATH of licence holder, right of heirs, etc., to continue business till next transfer sessions 29 DEBATES ON SUNDAY 7, 64, 65 DISCRETION OF JUSTICES in licensing matters, 19,23, 28 DISQUALIFICATION of licence holder 90 of premises 90, 91 notice to be served on owner 100 DRUNKENNESS on licensed premises 67, 68 ELECTION MEETINGS may not be held on licensed premises 7, 77 ENTERTAINMENTS ON SUNDAY 7, 64, 65 EXCISE LICENCES 34-38 for beer, wine and spirits 34, 35 for beer and wine 36 for wine only 36 for beer, cider and perry 36 for sweets 86 for cider and perry 36 six days or early closing licences for restaurant keepers 35 relief in favour of a certain class of inns 35 refreshment house licences 36 early closing licences 37 occasional licences 38 F 114 . Index. EXEMPTION ORDERS from closing regulations .... 13, 104 FEES, for new licences 21 for renewals 25 for transfers 30 for removals 32 FORFEITURE OF LICENCE 89, 90 FORMS of notices 109-111 GAMING on unlicensed premises 7, 71-73 GENERAL ANNUAL LICENSING MEETINGS, when held 17 GUEST, duty of innkeeper towards his 39-53 As to receiving travellers 39-46 a traveller has a right to reasonable accommodation but not to choose his room 39 drunken or disorderly person may be excluded. . . 39, 43 or may be turned out and given in charge to con- stable 43-45, 68 travellers should be received at all hours if thore is room for them 39-42 as to guests accompanied by dogs 42, 43 a refreshment bar is not an inn 42 Responsibility of innkeeper for safety of goods of guest 46-52 effsct of negligence of guest 46-50 question of negligence depends on circumstances of case 47, 48 when liability limited to 30 under Innkeepers' Act, 1863 50-52 liability for acts of servants 46 liability extends to all parts of premises 49 exception when guest uses room for special purposes and has exclusive control 49 case of lodgers and boarders 49, 50 when horse has been put out to pasture 50 when owner of goods is not a guest 50 Responsibility of innkeeper for safety of guest .... 53 does not extend to all parts of premises 53 See also LIEN OF INNKEEPER S. INFECTIOUS DISEASES, duty of innkeeper in respect of 78 INNKEEPERS' ACT, 1863 50-52 1878 . .. 58-60 Iftdex. 115 INTERNAL COMMUNICATIONS with other premises, 6,77,89 INTOXICATING LIQUORS, selling without licence, 61,62 selling after closing time 11, 12, 63, 64 ,, in measures not marked 65 ,, to drunken persons 68 ,, to children 68, 69 evidence of sale of 64 taking a pledge for 65, 66 adulteration of 66, 67 JUSTICES' LICENCES 16-33 licensing sessions 17 New Licences 17-21 persons disqualified from holding 17 to whom notice must be given 18 notice must be advertised 18 hearing of application 19 when applicant may appear by deputy 19 applicant for beerhouse licence must be resident occupier 17 discretion of justices as to granting 19 no appeal from refusal of 19, 92 when mandamus granted 1 9, 98 duration of licence 19 when necessary for enlarged premises 19, 20 confirmation of 20 provisional grants of 20, 21 fees for 21 Renewals 21-25 licences must be renewed every year 21 when granted for enlarged premises 22 no notice of application necessary 22 applicant need not attend in person 22 persons who oppose must gite notice 22 when objections raised at hearing 22 discretion of justices as to granting 23 in the case of old beerhouse licences 23, 24 may be made by endorsement or by issue of new copy 24 appeal to Quarter Sessions from refusal to grant, 25, 92-94, 101 fees for 25 Transfers 26-30 special transfer sessions 26 to whom notice must be given 26 application may be repeated 26 discretion of justices as to granting 26 116 Index. in respect of old beerhouse licences 26 transfers under Lie. Act, 1828, s. 14 26-28 on death, sickness, or bankruptcy of holder 27-29 when late occupier, etc., has gone out of possession 27 ,, ,, has wilfully neglected to renew new tenant may not apply more than once 28 successive new tenants may apply temporary transfer granted at Petty Sessions .... rights of owners in case of certain convictions . . . appeal to Quarter Sessions from refusal to grant, 92-94,101 Removals : 30-32 on whom notice must be served 30, 31 consent of owner necessary 31, 101 must be confirmed in certain cases of emergency provisional orders fees for Occasional Licences 32, 33 for keeping open after closing time for selling at unlicensed places 32, 33 LEGAL PROCEEDINGS in respect of offences 80-86 in licensing matters 16-33 appeals to Quarter Sessions 92-97 ,, appeals by special case 97-98 mandamus 98 LICENCES, see JUSTICES' LICENCES. EXCISE non-production when required 76 forging beerhouse licence 76 forfeiture of 89, 90 LIEN OF INNKEEPER 54-60 extends to all goods of guest brought to inn 54 innkeeper may detain all goods of a guest till whole debt paid 54 lien lost if goods allowed to be removed 54 innkeeper not bound to investigate nature of enter- tainment ordered by guest 56 lien extends over stolen goods if innkeeper not aware of fact 56 innkeeper not bound to discriminate between goods of husband and wife 56 in other cases no lien when innkeeper knows goods are not property of guest '57 effect of giving credit or taking bills 57 lien on horse for its keep when its owner is not a guest 57 but livery stable keeper has no lien 57, 58 Index. 117 no lien on goods of mere lodgers or boarders .... 58 tender of whole sum due extinguishes lien 58 innkeeper may not charge for keeping goods on which he claims a lien 58 full liability of innkeeper does not extend to goods detained on account of lien after departure of guest 58 right of innkeeper to sell goods detained on account of lien, Innkeepers' Act, 1878 58-60 LOCAL AUTHORITY, meaning of 13, 14 MANAGER, if licence holder, name must appear not liable as innkeeper for goods of guest 50 NAME of licence holder must appear outside premises . . 6, 7 of owner, registration of 99, 100 NEW LICENCE, see JUSTICES' LICENCES. NEW TENANT may obtain renewal, when 28 transfer, , , 27 NOTICES, by applicants for new licences 18 by applicants for transfers .". , 26 , , , , removal orders by persons opposing renewals 22 forms of 109-111 OCCASIONAL LICENCES 14, 32, 33 OFFENCES AND PENALTIES 61-79 selling intoxicating liquors without licence 61-63 exception in case of death or bankruptcy of licence- ' holder 29, 63 allowing liquors to be drunk on premises contrary to licence 62 selling liquors outside premises in evasion of law. .62, 63 ,, after closing time 11, 12, 63 exemption in favour of b&na fide travellers .... 9, 12, 63 evidence of sale or consumption of liquors 64 entertainments and debates on Sunday 64, 65 keeping premises open when ordered to close in time of riot 65 selling otherwise than in marked measures 65 taking a pledge for the price of liquors 65 adulteration of drink 66, 67 possession of liquors not covered by licence 67 allowing drunkenness or riotous conduct on pre- mises 67, 68 118 Index. selling intoxicating liquors to drunken persons .... 68 ,, ,, children 68 employment of children 69 harbouring thieves 69 ,, prostitutes 70 ,, or bribing constables 70 liability of master for act of servant 71 allowing premises to be used as brothel 71 gaming and betting in licensed premises 71-75 refusing to produce licence 76 forging licence under Wine and Beerhouse Acts . . 76 defacing a record of conviction 76 refusing to admit constable 76, 77 internal communications with certain unlicensed premises or refreshment houses 6, 77, 8? letting or hiring premises for election purposes .... 77 allowing unlawful meetings to be held on premises 77 concerning infectious diseases 78 ,, sign-boards and notices 6, 13, 78 offences relating to billetting 79 ,, in refreshment houses 105-108 legal proceedings in respect of offences 80-86 OWNERS, rights of 99-101 registration of owner's name 99, 100 entitled to notice of certain convictions 100 may apply for temporary transfer in certain cases, 30, 101 consent necessary before removal order granted .. 101 right to appeal against refusal to renew or transfer licence 101 no right to appeal against conviction of tenant . .97, 101 PENALTIES, see OFFENCES AND PENALTIES. mitigation of 82 PLEDGE may not be taken for price of liquors 65, 66 POLICE, refusing to admit 76, 77 powers in respect of closing regulations 12 ,, gaming and betting 75 may be called on to turn out drunken or disorderly persons harbouring or bribing constables 70 PREMISES, the 3-8 when licence necessary 3, 16 annual value of 3-5 structural qualification of 5, 6 PROSTITUTES, licence holder may not harbour 7, 70 PROVISIONAL LICENCE 20, 21 provisional removal order 31, 32 Index. 119 QUARTER SESSIONS, appeals to 92-98 RECORDS OF CONVICTIONS 87-89 REFRESHMENT BAR not an inn and keeper not bound to entertain travellers 42 REFRESHMENT HOUSES 102-108 when licence required 102 cost of licence 36 renewals and transfers 103 hours of closing 103 exemptions from closing regulations 104, 105 occasional licences 103, 104 for sale of wine, justices' licence necessary 105 offences and penalties relating to 105-108 REGISTRATION OF LICENCE 21 owner's name must be registered 21, 99 RENEWALS, see JUSTICES' LICENCES. RESTRICTIONS ON THE USE OF INNS 7, 8 RESULTS OF CONVICTIONS 87-91 convictions which may be recorded 87-89 forfeiture of licence 89, 90 disqualification of offenders 90 premises 90, 91 RIOT, justices may close premises in time of 14, 65 SIGNBOARDS AND NOTICES 6,7 SIX DAYS LICENCES 24, 35, 37 holder may not sell to travellers on Sunday 9 SPECIAL CA.SE, appeals by 97, 98 SPECIAL TRANSFER SESSIONS 26 SPIRITS, justices' licence for sale of 16 excise 34, 35 disqualification for selling without licence .... 17, 18, 90 selling to children , 68 STRUCTURAL QUALIFICATION of premises 5, 6 SUNDAY, entertainments and debates on 7, 64, 65 billiards may not be played on 15, 75, 76 THIEVES, penalty for harbouring on licensed premises, 7. 69, 70 TRAVELLERS, duty of innkeepers to receive 9, 39-46 bonafide, may be served after closing time 9 bona fide, who are 12, 13 120 Index. UNLAWFUL MEETINGS 77, 78 WAGES of workman may not be paid in public houses . . 7 WINE, justices' licence for sale of 16, 105 excise 36 CATALOGUE OF COMMERCIAL AND OTHER WORKS anb PUBLISHED AND SOLD BY EFFINGHAM WILSON, . |)ul>lisij;er, ^rinfer, Doahsjeller, $)htb.er, ngra& Stationer, EOYAL EXCHANGE, LONDON. TO WHICH IS ADDED A LIST OP TELEGRAPH CODES, AND SOME Valuable Books of Reference essential to Commercial Establishments and Public Companies. EFFINGHAM WILSON undertakes the printing and publishing of Pamphlets and Books of every description upon Commission Estimates given, and Conditions of Publication may be had on application. May, 1896. INDEX, Arbitrages et Parit6s PAGE Haupt, 14 Willdey's American Stocks . 17 Arbitration London Chamber of . . .13 Lynch H. Foulkes . . .12 Auditors Fowke . ... 6 Pixley 16 Banking Banker's Clerk . . 19 Banking Almanack and Directory 19 Banking Law, Wallace and M'Neil 24 Banks, Bankers, and Banking . 17 Banques Anglaises (Lecoffre) . 14 Clearing-house System (Howarth) 15 English and Foreign (Attfield) . 11 Gilbart's History and Principles 20 Hankey (Thomson) . . .15 Hutchison, J. . . .15 Journal Institute of Bankers . 14 London Banks and Kindred Com- panies 21 Macleod's Banking . . .22 Theory of Credit . 22 Moron's English Banking . .23 Questions on Banking Practice . 16 'Rue's Country Banker . . 24 Smith's Bank'er and Customer . 16 Bankruptcy McEwen (Accounts) . . .13 Stewart (Law of) . . . .4 Bills of Exchange Chalmers 19 Kolkenbeck's (Stamp Duties) Smith Stamp Duties Bimetallism Barclay's Standard of Value Silver Question . . 14 Bull 1 Gibhs's Colloquy on Currency . 1- Schmidt, Hermann . . .1 Smith, Saml 14 Bookkeeping Cariss . . .IS Carr (Investors) . Carter 2( Flint ]; Hamilton and Ball . . .2 Harlow's Examination Questions 1 Holah Jackson 1 Millar's Accountant's Handbook 2 Richardson's (Weekly News- papers) Sawyer Seehohm Van de Linde . . . .1 Warner (Stock Exchange) . . 1 Clerks Banker's . . . . ] Commercial Handbook Cumpamou to Solicitor's Clerk Counting-house Guide srks, continued FAOB Kennedy (Stockbrokers) . . 4 Merchant's . . . .5 School to Office .... 6 Solicitor's ... .5 Companion to the Solicitor's . 7 orrespondence (Commercial) Anderson 19 McGoun 22 Manual Pratique . . .7 Martin (Stockbrokers) . . 4 oun ting-house Bithell (Dictionary) . . .19 Pearce 5 Tate 11 ounty Court Jones . . .18 urrency and Finance Clare's Money Market Primer . 16 Cobb 11 Cuthbertson ... .6 Del Mar 6 Ellis 13 Haupt's Monetary Question . 11 Jevous 21 Walker . . . . .24 Hctionaries Counting-house (Bithell) . . 18 )irectories Banking Almanack . 18 Breweries (Duncan) . . .17 Directory of Directors . . .24 Mining Manual (Skinner) . . 24 Directors Ilaycraft (Liabilities and Duties) 5 Palmer 23 Exchanges Brown . . .19 Clare 6 Goschen 15 Jevons 21 Tate's Modern Cambist . . 10 Exchange Tables Bartlett-Amati (various) . . 19 Dollar (Eastern) . . . .12 J-ecoffre (French) . . .22 Merces (Indian) . . . - 22 Schultz (American) . . 16, 17 Schultz (German) . . .17 Insurance Me Arthur 22 Owen 23 Interest Tables Bosanquet 13, 14 Crosbie and Law (Product) . . 17 Cummins (2J%) . . . .14 Gilbert 20 Gumersall 11 Inwood (Compound) . . .21 King (5%) 21 Lecoffre's Universal 5 Laurie (Simple and High Rate) . 22 Lewis (Time Tables) . . .15 Ranee (Compound) . . .24 Schultz 17 Wilhelm (Compound) . . .16 ROYAL EXCHANGE. Investors (see also Stock Exchange Manuals) American Railways (van Oss) . 11 Art of Investing . . .19 Bookkeeping (Carr) . . .6 Investment Profit Tables . . 13 Investment and Speculation (Duncan) . . . .17 Houses and Land . . .5 How to Invest Money . . .5 How to Invest in Mines . . 6 Ledger 13 Investors' Review . . .21 Joint-Stock Companies Alpe's (Stamp Duties) . . 18 Buckley 19 Companies Acts, 18621890 . 20 Cummins' Formation of Accounts 13 Fitzpatrick (Secretary) . . 20 Hay craft (Directors) . . . 5 Jordan 21 Palgrave (Chairman) . . .24 Palmer (Precedents) . . .23 Smith 4 Watts (Promoters) . . .24 Mining Anderson (Prospectors) . 24 Beeman's West Australian . . 6 Goldmann (South African) . . 6 Kindell's South African Market . 21 Skinner 24 Western Australia . . .15 How to Invest in Mines . . 16 Misc ellane ous Corn Trade Invoice Clerk . . 6 Cotton Trade of Great Britain . 16 District and Parish Councils . 6 Fire Surveys (Sir Eyre M. Shaw) 1? Gresham, Sir Thomas (Life of) . 12 Legal Forms . . . .16 Literary Copyright . . .7 Patent Laws .... 6 Public Meeting* . . . .11 Red Palmer . . . .18 Money Market (see Currency and Finance). Pamphlets (Recent) List of . 10 Prices Dunsford . . . .17 Ellis 13 Mathieson (Stocks) . . .23 Railways American and the British Investor 1 6 Bradshaw (Shareholders) . . 19 Dunsford (Dividends and Prices) 17 Home Railways as Investments . 6 Mathieson's Traffics . . .23 Poor's Manual (American) . . 12 Railways in India . . .17 Van Oss (American) . . 11, 16 Ready Reckoners (see also Ex- change Tables.Interest, &c.) Blewert (Stock) . . . .19 Ready Reckoners, &o., continued Buyers' and Sellers' (Ferguson) . 6 Goodfellow (Shipmasters) . . 20 Hardwick (Weight) . . .20 Houghton (Weight) . . .20 Ingram (Yards) . . . .13 Louis, Anglo-French . . .22 Merces (Indian) . . . .22 Molesworth (Engineers) . . 22 Redeemable Stocks (a diagram) . 6 Robinson (Share) . .12 Share Calculator . ... 6 Silver Tables (Bar Silver) . . 18 Sinking Fund and Annuity Tables- Inwood . . . . .21 Ranee 23 Willich 24 Speculation (see Investors and Stock Exchange). Stock Exchange Manuals, &c. Baukiug Almanack . . .18 Blewert (Stock Tables) . . 19 Brewery Companies (Duncan) 18 Burdett's Official Intelligence . 12 Contango Tables . . . .20 Fenn on the Funds, English and Foreign 10 Highest and Lowest Prices . 23 Laws and Customs (Melsheimer) 22 Laws, English and Foreign Funds (Royle) 12 Le Stock Exchange (Chevilliard) 14 Mining Manual (Skinner) . . 24 Options (Castelli) . . .19 Poor's American Railroad Manual 12 Railways (Bradshaw's Manual) . 18 Registration of Transfers . . 18 Robinson (Share Tables) . . 12 Rules and Usages (Stutfield) . 11 Statesman's Year-book . . 24 Stock Exchange Values . . 7 Stock Exchange Year-book . . 23 Stock Exchanges of Loudon.Paris, and New York . . .20 Tables (see Exchange Tables, In- terest Tables, Ready Reckon- ers, and Sinking Fund and Annuity Tables, &c.). Telegraph Codes Ager's (list of) . . . .8 Miscellaneous (list of) . .9 Trustees Investment of Trust Funds . . 4 Statutory Trust Investment Guide 23 Trustees, their Duties, &c. . 4 Wilson's Legal and Useful Handy Books List . . . 4, 5 EFFINGHAM WILSON, WILSON'S LEGAL AND USEFUL HANDY BOOKS. By JAMES WALTER SMITH, Esq., LL.D., of the Inner Temple, Barrister-at-Law. Law of Bills, Cheques, Notes, and I U's. Fifty-ninth Thousand. Price Is. fid. Joint-Stock Companies Law, 18621890. New and Revised Edition. Twenty-third Thousand. Price Is. 6(1. The Law of Private Trading Partnership. Twenty-sixth Thousand. New and Revised Edition. Price Is. 6d. Master and Servant, Employer and Employed. New and Revised Edition. Sixteenth Thousand. Price Is. 6d. Husband and Wife. Engagements to Marry, Divorce and Separation, Children, &c. Price 2s. 6d. Owner, 'Builder, and Architect. Price is. Law of Trustees under the Act 1893. Their Duties and Liabilities. New and Revised Edition. By R. DENNY URLIN, Esq., of the Middle IVmple, Barrister-at-Law. Price Is. The Investment of Trust Funds under the Trustee Act 1893. By R. DENNY URLIN, Esq. Price Is. Law of Wills. A Practical Handbook for Testators and Executors, including the new Death Duties. By C. E. STEWART, Esq., Barrister-at-Law. Price Is. 6d. Lunacy Law. An Explanatory Treatise on the Lunacy Acts, 1890 and 1891, for all who have the charge of or are brought into contact witli persons of unsound mind. By D. CHAMIER, Esq. Price Is. 6d. How to Appeal against your Bates (in the Metropolis). By A. D. LAWRIE, Esq., M.A. Second and Enlarged Edition. Price 2s. How to Appeal against your Bates (outside the Metropolis). By A. D. LAWHIK, Esq., M.A., Barrister-at-Law. Fifth and Enlarged Edition. Price Is. 6d. The Stockbrokers' Handbook. A Practical Manual for the Broker, his Clerk, and his Client. New Edition, with Chapter on Options. Price Is. The Broker's Correspondent ; Being a Letter Writer for Stock-Exchange Business. By JAMES MARTIN. Price Is. Law of Water and Gas. By C. E. STEWART, Esq., Barrister-at-Law. Price Is. 6d. The Law of Bankruptcy. Showing the Proceedings from Bankruptcy to Discharge. By C. E. STEWART, Esq., Barrister-at-Law. Price 2s. Income Tax; and how to get it Befunded. By ALFRKD CHAPMAN, Esq. Twelfth Edition. Price Is. 6d. Inhabited House Duty : How and when to Appeal. By ALFRED CHAPMAN, Esq. Price Is. The juryman's Handbook. By SPENCEK L. HOLLAND. Price Is. The Shop Hours Acts, 1892 and 1893. With Notes and a Form. By J. JR. V. MERCHANT, Esq., Barrister-at-Law. Price Is. Pawnbrokers' Legal Handy Book. Based upon the Act of 1872. By CHAN. TOON and JOHN BRUCE, Esquires, Barristers. Price Is. ROYAL EXCHANGE. WILSON'S LEGAL AND USEFUL HANDY BOOKS. How to obtain a Divorce. By NAPOLEON ARGLES. Price Is. 6d. Hoare's Mensuration for the Million ; Or, the Decimal System and its Application to the Daily Employment of the Artizan and Mechanic. By CHAELES HOARB. Price'ls. Ferguson's Buyers' and Sellers' Guide; or, Profit on Return. Showing at one view the Net Cost aad Return Prices, with a Table of Discount. Price Is. Bound in Leather price 2s. House-owners, Householders, and Lodgers; Their Rights and Liabilities as such. By J. A. DE MORGAN, Esq., Bar- rister-at-Law Price 2s. Bills of Sale. By THOMAS TV. HAYCEAFT, Esq., Barrister-at-Law. Price 2s.6d. The Law relating to the Sale and Purchase of Goods. By C. E. STEWART, Esq., Barrister-at-Law. Price Is. 6d. Houses and Lands as Investments. With Chapters on Mortgages, Leases, and Building Societies. By R. DENNY UELIN, Esq., Barrister-at-Law. Price Is. From School to Office. Written for Boys. By F. B. CEOUCH. Price Is. Pearce's Merchant's Clerk. An Exposition of the Law regulating the Operations of the Counting House. Twentieth Edition. Price 2s. Investor's Book-keeping. By EBENEZER CARR. Price Is. How to Invest Money. Revised Edition. By E. R. GABBOTT. Price Is. Double Entry ; or, the Principles of Perfect Book-keeping. By ERNEST HOLAH, M.I.C.A. Third Edition. Price 2s. Theory of Book-keeping. By BENJAMIN SEEBOHU. Price Is. Book-keeping for "Weekly Newspapers. A Manual for Newspaper Managers and Clerks. By GEORGE HENRY RICHARUSON. Price Is. The Solicitor's Clerk. The ordinary Practical Work of a Solicitor's Office. By CHAELES JONES. Third and Revised Edition. Price 2s. 6d. Schonberg's Chain Rule: A Manual of Brief Commercial Arithmetic. Price Is. The Local Government Act and County Council Guide. By R. DENNY URLIN, Esq.,Barrister-at-Law. NewEdition. Pricels.6d. Directors' Powers, Duties, and Liabilities under the Companies Acts, 18621890. By T. TV. HAYCKAFT, Esq., Barrister-at-Law. Price Is. 6d. The Law of Innkeepers and the Licensing Acts. By T. W. HAYCRAFT, Esq., Barrister-nt-Law. Price Is. 6d. The Commercial Handbook and Office Assistant. By MICHAEL CEOWLKY, Chartered Accountant. Price Is. Validity of Contracts in Restraint of Trade. By WILLIAM ARNOLD JOLLY, Barrister. Price Is. The Law of Residential and Business Flats. By GKO. BLACKWELL. Price Is. 6d. EFFINGHAM WILSON, NEW JPUBLICATIONS. AUSTRALIAN MINING MANUAL, A Handy Guide to the West Australian Market. Compiled by G. B. BEBMAN and FBEDC. C. MATHIESON and SONS. Price 4s. net. Three vols. Imperial 8vo. Price 3 3s. net. SOUTH AFRICAN MINES. By C. S. GOLDMANN, F.R.G.S., and JOSEPH KITCHIIT. Giving the Position, Results, and Developments of all South African Mines, including Diamond, Land, Finance. 100 Maps and Plans of Mining Properties, including a Large Scale Map of the Rand in Seventeen Sections, to- gether with dip, tonnage, and other charts. A SKETCH OF THE CURRENCY QUESTION. By CLIVE CTTTHBEETSON. Price 2s. net. THE SCIENCE OF MONEY. By ALEX. DEI MAE. Second revised edition. Price 6s. net. A HANDY GUIDE TO THE PATENT LAW. By G. F. EMEBY, LL.M. Price 6s. net. THE CORN TRADE INVOICE CLERK. By HENBT KICHTEB. Price Is. net. DIAGRAM FOR CALCULATING THE YIELD ON RE- DEEMABLE STOCKS. By A. A. BOOTH and M. A. GBAINGEB, Price 10s. 6d. net. THE RAPID SHARE CALCULATOR. Price 10s. 6d. net. UNIVERSAL INTEREST TABLES. Giving with accuracy and rapidity the Interest at 5 per cent. By A. LECOFFBE. Price 21s. net. THE DUTIES OF AUDITORS AND ACCOUNTANTS. By V. DE S. FOWKE, Barrister-at-Law. [In the Press.] HISTORY OF THE MONETARY SYSTEMS IN THE VARIOUS STATES. By ALEX. DEL MAB. Containing Chapters on the Moneys used in both Ancient and Modern States, that of the Argentine Republic being subjected to an exhaustive treatment. Price 15s. net. ROYAL EXCHANGE. HOME RAILWAYS AS INVESTMENTS. By. W. J. STEVENS. Price 2s. 6d. net. THE LAW OF DISTRICT AND PARISH COUNCILS, Being the Local Government Act, 1894, with an Appendix containing numerous Statutes referred to in, or incor- porated with, the Act itself, including the Agricultural Gangs Act ; the Agricultural Holdings Act ; the Allot- ments Acts ; Baths and Washhouses Acts ; Burial Acts ; Fairs Acts ; Infant Life Protection Act ; Knackers Acts ; Lighting and Watching Act ; Public Improvements Act ; Public Libraries Acts; and numerous Extracts from the Public Health Act, 1875, and other Statutes. Also the Orders and Circulars of the Local Government Board, together with copious Notes and a full Index. By JOHN LITHIBY, LL.B.(Lond.), of the Middle Temple, Barrister- at-Law. Price 12s. 6d. LAW RELATING TO LITERARY COPYRIGHT AND THE AUTHORSHIP AND PUBLICATION OF BOOKS. By DANIEL CHAMIEB, Barrister-at-Law. Price 5s. net. COMPANION TO THE SOLICITOR'S CLERK. A continuation of the " Solicitor's Clerk," embracing Magisterial and Criminal Law, Licensing, Bankruptcy Accounts, Bookkeeping, Trust Accounts, &c. By CHAELSS JONES. Price 2s. 6d. STAMP DUTIES ON BILLS OF EXCHANGE ALL OVER THE WORLD. By ALFBED KOLKENBECK. Price Is. net. MANUAL PRATIQUE DE LA CORRESPONDANCE ET DES OPERATIONS DE COMMERCE. Part I. By Prof. A. BEAUBB. Price Is. 6d. STOCK EXCHANGE VALUES: A DECADE OF FINANCE, 1885-1895. Containing Original Chapters with Diagrams and Tables giving Reviews of each of the last Ten Years. By F. S. VAN Oss, author of 'American Railroads and British Investors/ &c., together with Charts showing at a glance prices of principal securities for past ten years, and Highest and Lowest Prices year by year (1885 to 1894 inclusive) of every security officially quoted on the Stock Exchange, with dates and extreme fluctuations, compiled by Fredc. C. Mathieson & Sons. Price 15s. net. EFFINGHAM WILSON, AGER'S TELEGRAM CODES. ACER'S SIMPLEX STANDARD TELEGRAM CODE. Consisting of 205,500 Code Words. Carefully compiled in accordance with latest Convention rules. Arranged in completed hundreds. Printed on hand-made paper ; strongly bound. Price 7 10s. AGER'S DUPLEX COMBINATION STANDARD CODE. Consisting of 150,000 Words. With a DOUBLE set of figures for every word, thus affording opportunity for each Figure System of Telegraphing to he used. Price &. The extension of these words to about 45,000 more. Price 21s. AGER'S COMPLETE DUPLEX CODE OF 195,000 WORDS. In Alphabetical and Double Numerical Order, '. e. the above two Codes bound together. Price JG7. AGER'S STANDARD TELEGRAM CODE OF 100,000 WORDS. Compiled from the Languages sanctioned at the London Telegraph Convention, 1879. Price 5 5s. AGER'S 10,250 EXTRA CODE WORDS. Following in Alphabetical and Numerical Sequence those in the Standard Code. Price 15s. AGER'S STANDARD SUPPLEMENTARY CODE FOR GENERAL MERCHANTS. In connection with Dr. Ager's Standard Code. Price 21s. AGER'S TELEGRAM CODE. Consisting of nearly 56,000 good Telegraphic Words, 45,000 of which do not exceed eight letters. Compiled from the languages sanctioned by the Telegraph Convention. Third Edition. Price 2 15s. AGER'S ALPHABETICAL PHRASE TELEGRAM CODE Of 50,000 Sentences, Code Words, and Cyphers, in Sequence to the 150,000 Words above mentioned. Price 25s. Two or more copies 21s. each. AGER'S TELEGRAPHIC PRIMER, WITH APPENDIX or Skeleton Telegram Code, consisting of 19,000 Good English and Dutch Telegraphic Words, compiled from the Dictionaries of Webster and Picard. Some 12,000 of these words have sentences. Price 12s. 6d. AGER'S GENERAL AND SOCIAL CODE. Price 10s. 6d. ROYAL EXCHANGE. TELEGRAPH CODES. AGER'S A Y Z TELEGRAPHIC CODE. Nearly 30,000 Sentences and a liberal supply of Spare Words. The words taken from the "Official Vocabulary." 16s. net. CLAUSON-THUE'S A. B. C. UNIVERSAL COMMERCIAL ELECTRIC TELEGRAPHIC CODE. Fourth Edition. Price 15s. net. CLAUSEN-THUE'S Al UNIVERSAL ELECTRIC TELE- GRAPH CODE. Price 25s. net. LAURIE'S UNIVERSAL CODE OF NEARLY 12,000 SENTENCES, for Private and Business Telegrams and Mining, Shipping, Stockdealing, Banking, and Mercantile Cablegrams. 2s. 6d. LIEBER'S STANDARD~TELEGRAPHIC CODE. The Code is of 800 pages, and contains over 75,000 code-words, 25,000 consisting of tables. There are 10,000 extra ciphers, giving ample opportunity for special phrases. The code words employed are from the " Official Vocabu- lary." The Compilers having only used ciphers from " A " to " F," an opportunity is left to cablers to con- struct a large private and separate code for their own particular and individual use. The arrangement of the sentences is strictly alphabetical. For Bankers, Brokers, Manufacturers, Merchants, Stock- brokers, and the Legal Profession. Price 42s. MINING AND GENERAL TELEGRAPHIC CODE. By BEDFOED MCNELLL. Price 21s. net. SCOTT'S SHIPOWNERS' TELEGRAPHIC CODE. 1885 Edition. Price 17s. 6d. net. STOCKBROKERS' TELEGRAPH CODE. Price 5s. net. THE GENERAL AND MINING CODE. For the nse of Mining Companies, Mining Engineers, Stock- brokers, Financial Agents, and Trust and Finance Companies. By C. ALGERNON MORBING and THOMAS NEALK. Price 21s. "UNICODE," The Universal Telegraphic Phrase-Book for Commercial and Domestic Use. Price 2s. 6d. WATKINS' SHIPBROKERS 1 TELEGRAPHIC CODE. Price 4 net. Two Copies, JE7. WHITELAW'S TELEGRAPH CYPHERS. 310,200 in all. 200,000 Words, French, Spanish, Portuguese, Italian, and Latin. Price . . 150s. each net. 53,000 English Words .... 50s. 42,600 German Words .... 50s. 40,000 Dutch Words 50s. .. 10 EFFINGHAM WILSON, RECENT PAMPHLETS. A History of Messrs. Backhouse ancUCo., Bankers, Darlington. By MABEBLY PHILLIPS, F.S.A. Price Is. Gibbs's Address on International Bimetallism. Delivered before the London Institution, May, 1895. Price 6d. Monometallism Unmasked ; or the Gold Mania of the Nineteenth Cen- tury. By A SENIOB OPTIMJS. Price 6d. Norman's Science of Money. Price is. Norman's Prices and Monetary and Currency Exchanges of the World. Price 6d. The Gold Bug and the Working Man. Price 6d. Excesses of the Witwatersrand Gold Shares Speculation in 1894. By FELIX ABRAHAM. Price Is. The Currency of China (a Short Enquiry). By JAMES K. MOBBISON. Price IB. What are the Annual Profits of a Company ? Or, What is the Capital of a Company within the meaning of the legal rule that dividends may not be paid out of capital ? By BEBNABD DALE. Price Is. The Silver and Indian Currency O.uestion. By E. MONSOK GEORGE. Price is. 3d. The Case for Monetary Reform. By HENEY K. BEETON. Price 6d. Currency and International Banking. By MAX Von SCHBAUT. Price Is. Seyd's (Ernest) Silver Question in 1893. Price 2s., cloth. Costless Life Assurance. By T. G. ROSE. Price 6d. TATE'S MODERN CAMBIST: A MANUAL OF FOREIGN EXCHANGES. THE MODERN CAMBIST : forming a Manual of Foreign Exchanges in the various operations of Bills of Exchange and Bullion, according to the practice of all Trading Nations ; with Tables of Foreign Weights and Measures, and their Equivalents in English and French. Twenty-third Edition. By HERMANN SCHMIDT. Price 12s. FENN'S COMPENDIUM OF THE ENGLISH AND FOREIGN FUNDS, DEBTS AND REVENUES OF ALL NATIONS. Together with Statistics relating to State Finance and Lia- bilities, Imports, Exports, Population, Area, Railway Guaran- tees, Municipal Finance and Indebtedness, Banks of all Nations, and all descriptions of Government, Provincial and Corporate, Securities held and dealt in by investors at Home and Abroad; the Laws and Regulations of the Stock Exchange, &c., the work being so arranged as to render it alike useful to the Capitalist, the Banker, the Merchant, or the Private Individual. Fifteenth Edition. Thoroughly revised. With Addenda, giving Information to Date of Publication. 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Optional Endowment Policies. 5. Loans on Reversions and Life Interests carried out with despatch. E. R. HANCOCK, Secretary. Apply for Full Prospectus to Edited by A. J. WILSON. Monthly, is. net ; 'US. per annum, post free. / This Review is indispensable to all who desire, not mere market tips, but the actual I truth about public securities. It allows J them to see the inside of London finance with a thoroughness and outspokenness no V other publication of the kind attempts. The Investment Index A Quarterly Supplement to the "Investors' Review. ' Price is. net ; 8s. 6d. per annum, post free. " The compilation of securities is parti- cularly valuable." Pall Mall Gazette. " A most valuable compilation." Glas- gow Herald. " A most excellent and useful compilation which should be in the hands of every investor.' Sketch. Subscription to the " Investors' Review " and " Investment Index," 2is. per annum. CLEMENT WILSON, 29, Paternoster Row, London, E.G. 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