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held to have permitted a "place" to be used for the purpose of betting. (a)

BILLIARDS.

The game of billiards is not in itself an unlawful game, Billiards. and therefore does not in any way come within sect. 17 of the Act of 1872, unless played for money or money's worth; but its use without a licence is punishable under the 8 & 9 Vict. c. 109, which regulates the grant of billiard licences. An innkeeper, however, need not take out a billiard licence (which includes bagatelle and games of a like kind), as the victualler's licence includes that privilege (b), and he is the only person who can keep a billiard table and at the same time sell exciseable liquor; but any holder of a billiard licence may sell

and when

"beer or British wines, which are not excisable liquors. (c) Billiard licences are granted (d) and transferred (e) at the Billiard same time and place as licences to sell intoxicating liquor, and licence, how, the same notices, or as near thereto as circumstances will obtained. admit, (f) must be given as for any other licence, under the Act of 1872, the licence being in force in Middlesex from April 5, and elsewhere from October 10. The fee to be paid is six shillings.

Any licensed person committing any offence against the tenor of a billiard licence, is punishable under the Licensing Act of 1872, in the same manner as a person is punishable who is convicted of permitting gaming. (g) The offences against the tenor of a billiard licence are:

Not keeping the words " licensed for billiards house.

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outside the offences

against the tenor of a

Wilfully or knowingly permitting drunkenness, or other billiard disorderly conduct.

Knowingly allowing the consumption of excisable liquor on the premises.

(a) Haig v. Sheffield Town Council, 31 L. T. Rep. N. S. 536; see also Bows v. Fenwick, L. Rep. 9 C. P. 339; 43 L. J., M. C. 107; 30 L. T. Rep. N. S. 524.

(b) 8 & 9 Vict. c. 109, s. 11.

(c) Jones v. Whittaker, L. Rep. 5 Q. B. 541; 39 L. J., M. C. 139; Lancashire v. JJ. of Staffordshire, 26 L. J., M. C. 171.

(d) Form XXXV.

(e) 8 & 9 Vict. c. 109, s. 10, and Form XXXVI.

(f) The form of notice of intention to apply for grant or transfer of a billiard licence may be easily adapted from Form IX. The other notices may be included in Forms V., VI., and VII.

(g) 35 & 36 Vict. c. 94, s. 75.

F

licence.

Adulteration.

Knowingly suffering unlawful games on the premises. Knowingly suffering persons of notoriously bad character to assemble or meet together on the premises.

Opening for play, or allowing play, on Sunday, Christmas Day, or Good Friday, or on any day appointed for a public fast or thanksgiving.

There is no appeal against a refusal to grant or transfer a billiard licence, (a) but there is an appeal from a conviction for an offence against the tenor of a billiard licence, provided the appellant, within forty-eight hours, enters into a recognisance, (b) with two sufficient sureties, to appear and try the appeal. (c)

ADULTERATION.

Licensed persons are now subject like other tradesmen to the provisions of all the Adulteration Acts in force, instead of the sections of the Licensing Act of 1872, which sections are now repealed; (d) but where any licensed person is convicted, under any of these Acts, the conviction must be entered in the register, and may be recorded on the licence. (e)

The law relating to adulteration, at any rate, so far as it is applicable to innkeepers, is now contained in The Sale of Food and Drugs Act, 1875, (ƒ) which came into operation on the 1st of October last. (g)

This Act completely repeals the Acts of 1860 (h) and 1872, (2) which originally contained the law upon the subject of the adulteration of food. There still remain several sections of former Acts unrepealed which deal with the adulteration of beer, but which only apply to brewers and beer dealers. ()

The following is a short summary of the Act of 1875:

(a) R. v. Devonshire JJ., Ex parte Chamberlain, 8 E. & B. 644.
(b) Forms XLVII. and XLVIII.

(d) 35 & 36 Vict. c. 94, ss. 19-21

s. 33.

(e) 37 & 38 Vict. c. 49, s. 14.
(g) See sect. 35.

(i) [35 & 36 Vict. c. 74.]

(c) 8 & 9 Vict. c. 109, s. 20. repealed; 37 & 38 Vict. c. 49,

(f) [38 & 39 Vict. c. 63.] (h) [23 & 24 Vict. c. 84.]

(j) 56 Geo. 3, c. 58, which prohibits brewers or beer dealers from having on their premises any ingredient for colouring beer, and prohibits druggists from selling such ingredients. 10 & 11 Vict. c. 5, s. 4, which enables brewers to make colouring ingredients from sugar, and see also 4 & 5 Will. 4, c. 51, s. 13, which provides for the destruction of articles condemned as adulterated.

SALE OF FOOD AND DRUGS ACT, 1875.

Sects. 1 and 2. Repeal of Statutes and interpretation of words. Sect. 3. No person must mix, colour, stain, or powder, or order, or permit any other person to mix, colour, stain, or powder any article of food with any ingredient or material so as to render the article injurious to health, with intent that the same may be sold in that state, and no person must sell any such article. Penalty: first offence 501.; second offence, six months' hard labour.

Sect. 4. The same provisions as to drugs.

Sect. 5. Offenders will be exempted on proving absence of knowledge, but the burden of proof is on the defendant (sects. 24 & 25). (a) Sect. 6. No person must sell to the prejudice of the purchaser any food or drug which is not of the nature, substance, and quality of the article demanded by such purchaser. Penalty: 201. Exceptions: :(1) Where anything not injurious to health has been added because the same is required for the production or preparation thereof as an article of commerce in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight, or measure of the food or drug, or conceal the inferior quality thereof. (b)

(2) Where the drug or food is a proprietory medicine, or is the subject of a patent in force, and is supplied in the state required by the specification of the patent.

(3) Where the food or drug is compounded, as in this Act mentioned.

(4) Where the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation. Sect. 7. Compounded articles must be of the composition demanded by the purchaser. Penalty: £20.

Sect. 8. Label sufficient notice of mixture.

Sect. 9. Abstraction from food to injuriously alter the quality, sub stance, or nature; and sale of such food. Penalty: £20.

Sects. 10-19, and 22. Provisions for analysis.

Sect. 20. Proceedings against offenders.

Sect. 21. Certificate of analyist primâ facie evidence against offenders. Defendant and his wife made competent witnesses. Sect. 23. Appeal to Quarter Sessions.

Sect. 26. Application of penalties.

Sect. 27. Forgery of warranty,-Penalty: Two years' hard labour. Giving false warranty and wilful mis-application of same and false label, penalty: £20.

Sect. 28. Proceedings by indictment and contracts unaffected.
Sect. 29. Expenses of executing the Act.

Sect. 30-32. Provisions relating to tea.

(a) This section (sect. 5), provides for the difficulty in Roberts v. Edgerton, L. T. Rep. N. S. 633, decided under sects. 2 and 3 of the Act of 1872 (35 & 36 Vict. c. 74); see also Fitzpatrick v. Kelly, 42 L. J., M. C. 132.

(b) See Roberts v. Edgerton, supra. Under sect. 3 of the Act of 1872, it was decided that the seller need not do more than say that the article is a mixture, and need not describe its composition. (Pope V. Searle, 30 L. T. Rep. N. S. 789.

Taking pledge
for spirits
sold.

Refusing to produce licence or

order of exemption.

Allowing seditious meetings.

Selling liquors when disqualified.

Adulteration is also a subject for indictment at common law (a), and actionable. (b)

Any retailer of spirituous liquor or strong waters, with or without licence, taking or receiving any pawn or pledge from any person or persons whatsoever, by way of security for the payment of any sum or sums of money owing by such person or persons for such spirituous liquor or strong waters, shall forfeit and lose the sum of forty shillings for each and every pawn or pledge so taken, to be levied by warrant, one moiety to go to the poor, and the other to the informer (24 Geo. 2, c. 40, s. 12).

Any licensed person who, by himself, his agent, or servant, refuses to produce his licence or order of exemption, when required to do so by any justice, constable, or excise officer, is liable to a penalty of 107. (c)

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Licensed persons allowing seditious meetings to take place on their premises, are liable for the first offence to a penalty of 5l., and on a second offence, are to be deemed "guilty of an unlawful combination and confederacy in breach of the Act by which this offence is enacted, and two justices may declare the licence forfeited (d) (39 Geo. 3, c. 79, ss. 13 & 14; 57 Geo. 3, c. 19, ss. 28 & 29); but all offences must be prosecuted within three months.

Licensed persons who, being disqualified through having been convicted of felony or selling spirits without a licence, continue to sell by retail, are subject to the penalties incurred by persons selling without a licence. (e)

The penalties for sale of spirits to children, (ƒ) for internal communications between licensed premises, (g) for using unauthorised sign, (h) for permitting drunkenness, (i) and harbouring constables, (j) are fully explained in other parts of this work.

(a) Blackstone, p. 349; and see [38 & 39 Vict. c. 63, s. 28.]
(b) Roll. Abr. 95; see also Attorney-General v. Lockwood, 9 M. & W.
378; 35 & 36 Vict. c. 94, ss. 59-72, and 37 & 38 Vict. c. 49, s. 1.
(c) 37 & 38 Vict. c. 49, s. 64.

(e) See R. v. Vine, L. Rep. 10 Q. B. 195.
(f) See Chapter VI. page 80.

(h) Chapter I. page 17.

(j) Chapter VI. page 78.

(d) Form XXXVII.

(g) See Chapter I. page 16.
(i) Chapter VI. page 80.],

CHAPTER V.

Liability of Unlicensed Persons under the

Licensing Acts.

PERSONS FOUND DRUNK IN ANY PUBLIC PLACE OR IN
LICENSED PREMISES

DRUNK AND DISORDERLY IN PUBLIC PLACE

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DRUNK IN CHARGE OF CARRIAGE, ETC., OR WHILE IN POSSES-
SION OF LOADED FIREARMS
MEANING OF "PUBLIC PLACE'
JUSTICES' JURISDICTION

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PERSONS FOUND ON PREMISES DURING CLOSING HOURS
REFUSING TO GIVE NAME AND ADDRESS TO CONSTABLE
FALSELY PRETENDING TO BE A TRAVELLER OR LODGER
REFUSING TO LEAVE PREMISES WHEN REQUESTED
BEING FOUND ON

STORED

...

PREMISES WHERE LIQUOR ILLEGALLY

OTHER OFFENCES APPLICABLE TO UNLICENSED PERSONS

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PERHAPS the most stringent sections in the Licensing Acts are those which refer to unlicensed persons. They have been inserted, probably, with a view to prevent licensed and unlicensed persons from combining together for the purpose of evading the different licensing laws. That these sections must have a salutary effect can hardly be doubted, though, in some cases, their operation may appear rather too severe.

drunk in public place, or on

mises.

An innkeeper must not supply liquor to a drunken person, Persons found but it is, in many cases, a matter of the greatest difficulty, to discern where drunkenness exists. The innkeeper is, however, licensed preprotected by the insertion of the word "knowingly"; and it is, therefore, that the 12th section of the Act of 1872 is of the greatest importance, for, by subjecting the consumer of the liquor to a penalty if he is found drunk, it acts as a warning to him to keep sober, and very materially assists the seller in obeying the law, for it must be admitted, that up to a certain stage, the consumer is the only person who is really able to say whether he is drunk or not.

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