the justices to remain open after ten at night on Sunday, Christmas Day or Good Friday, or after eleven at night on other days; and that premises having such certificate, if beyond the metropolitan district and in a town having less than 2,500 inhabitants, may not on any day be open after ten at night (o).

It is further to be noticed that any person who sells or exposes for sale, or keeps open any premises for the sale of intoxicating liquors, during the times that such premises should be closed, or who allows during such times intoxicating liquors to be consumed thereon, shall be liable to a penalty of 107. for the first and 207. for any subsequent offence; but nothing in the Act shall preclude a licensed person from selling intoxicating liquor for consumption on the premises at any hour to bonâ fide travellers, or to persons lodging in his house, or in the case of a railway station to persons arriving at or departing from such station by railroad (p).

Fresh provisions are also made in the Act with regard to the manner in which licences are to be granted, and for this purpose the justices in quarter sessions for every county are directed annually to appoint among themselves a licensing committee, consisting of not less than three nor more than twelve members (q); by whom the grant of all new licences, made at the general annual licensing meeting, must be confirmed (r). And analogous provisions are made

(0) 35 & 36 Vict. c. 94, s. 24.

(p) Ibid. As to who are bonâ fide travellers, see Taylor, app. v. Humphreys, resp., 10 C. B. (N. S.) 429; Tennent v. Cumberland, 1 E. & E. 401; Peache v. Colman, Law Rep., 1 C. P. 324; Peplow v. Richardson, ib., 4 C. P. 168; Davis v. Scrace, ib., p. 172; Morgan v. Hedger, ib., 5 C. P. 485.

(4) The local authority of any licensing district may, on proper cause shown, exempt any licensed

person in the immediate neighbourhood of a market, theatre, or place where some lawful trade or calling is carried on, from the closing provisions of the Act, save only between the hours of one and two o'clock in the morning. (Sect. 26.) A licensed person may also obtain, from the local authority, an exemption in respect of special occasions to be specified in his licence. (Sect. 29.) (r) Sect. 37.

with regard to borough justices; except that where there are less than ten acting justices in the borough the licensing committee is to be a "joint committee:" that is to say, is to consist of three of the borough magistrates and of three of the magistrates of the county in which such borough is situated (s).

In addition to the public houses already mentioned, a distinct class of houses for the refreshment of the public were sanctioned by the legislature in the year 1860, and placed under systematic regulation. We refer to "refreshment houses," which were established by 23 Vict. c. 27 (amended by 24 & 25 Vict. c. 91, ss. 8-11), and in order to keep such refreshment house it is made necessary to obtain from the officers of Inland Revenue an excise licence bearing an excise duty (t), -a licence which can now (by force of the 32 & 33 Vict. c. 27) only be granted on a certificate from the justices, as in other cases of licensed houses; and according to the requirements of the Licensing Act, 1872, no intoxicating liquor shall be consumed upon premises licensed as a refreshment house, but not for the sale of any intoxicating liquor, during the hours during which licensed victuallers must keep their houses closed (u). It is also provided by 23 Vict. c. 27, that any person who shall be licensed to keep a refreshment house, and shall pursue therein the business of a confectioner,-or who shall keep open such house for the purpose of selling, to be consumed therein, animal or other victuals, wherewith wine or other fermented liquors are usually drunk,-shall be entitled (subject to the terms of the Act) to take out an excise licence to sell wine by retail in such house, to be consumed on the premises (v). It is further provided (without reference to refreshment houses), that any person keeping a shop for the sale of goods and commodities shall be entitled to

(s) 35 & 36 Vict. c. 94, s. 38. (t) 23 Vict. c. 27, ss. 1, 2, Sched. No. 1.

(u) 35 & 36 Vict. c. 94, s. 27. (v) Ibid.

take out another sort of excise licence, to sell therein wine by retail, in reputed quart or pint bottles only, and not to be consumed in the shop (w). But excise licences to sell wine by retail can now only be granted on a certificate from the justices (x). And, lastly, we may mention, among other matters which our limits prevent us from particularizing, that refreshment houses not licensed for the sale of intoxicating liquors, are placed under the same limits as to the hours during which they may be kept open, as have been already specified with regard to licensed victualling and other public houses (y).

2. As to Theatres.

The statute 6 & 7 Vict. c. 68, intituled "An Act for regulating Theatres," first repeals the then existing enactments as to theatres (z), and then proceeds to prohibit, under penalties, all persons from having or keeping (a) any house or other place of public resort in Great Britain, for the public performance of stage plays (b), unless they shall have the authority of letters-patent from the crown, or a licence from the lord chamberlain of the household, or licence from at least four justices assembled at a special session, to be holden in the division where the proposed theatre is to be situate (c).

(w) See 23 Vict. c. 27, s. 1, Sched. No. 3.

(x) See 32 & 33 Vict. c. 27, s. 4. (y) 35 & 36 Vict. c. 94, s. 27. Vide sup. p. 197.

(z) There were enactments on this subject in 39 Eliz. c. 4; 3 Jac. 1, c. 21; 12 Ann. st. 2, c. 23; 10 Geo. 2, c. 28; 28 Geo. 3, c. 30.

(a) See The Queen v. Strugnell, Law Rep., 1 Q. B. 93.

or any part thereof; but not a theatrical representation in a booth or show duly allowed by the justice of the peace, or other person having authority in that behalf, at a fair or feast, &c. (6 & 7 Vict. c. 68, s. 23.) As to what is an "entertainment of the stage" within the meaning of this section, see Wigan v. Strange, Law Rep., 1 C. P. 175.

(c) Sect. 2. By 2 & 3 Vict. c. 47, s. 46, the commissioners of police may authorize a superintendent with constables to enter any place used within the metropolitan police district for dramatic entertainment,

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The jurisdiction of the lord chamberlain as to licensing, is defined by the Act as extending to all theatres, (not being patent theatres,) within the parliamentary boundaries of London and Westminster; and within the boroughs of Finsbury and Marylebone, the Tower Hamlets, Lambeth, and Southwark; and also within those places where the sovereign shall occasionally reside. The jurisdiction of the justices on the other hand extends, generally, to all places beyond these limits (b). But it is provided, that no licence shall be granted by either of these authorities, except to the actual and responsible manager of the proposed theatre for the time being; who is to give security for the due observance of such regulations as the authorities may impose: and also that no licence from the justices shall be in force at the universities of Oxford or Cambridge, or within fourteen miles of the same, without consent of the chancellor or vice-chancellor (c). Penalties are moreover imposed on any person who, for hire, shall act, or cause to be acted, any part of a stage play, in a place not being a patent theatre or duly licensed (d).

The statute further empowers the justices to make suitable rules for ensuring order and decency in the theatres to be licensed by them, and for regulating the times when they are to be open; which rules may be rescinded or altered by a secretary of state; and in case of a riot or breach of rule in any such theatre, the justices may order the same to be closed.

The lord chamberlain may also,-as to all theatres licensed by him, and also as to patent theatres,-order the same to be closed, in case of riot or on any public occasion whatever (e). It is also provided, that one copy

and which is not a licensed theatre, and take into custody all persons found thereia. (See Fredericks v. Howie, 1 H. & C. 381; v. Payne, ib. 584.)

(b) 6 & 7 Vict. c. 68, s. 3.
(c) Sect. 10.

(d) Sect. 11.
(e) Sect. 8.

of every new stage play,—and, indeed, of every new act, scene, part, prologue or epilogue of a play, intended to be acted for hire at any theatre in Great Britain,shall be sent seven days previously to the lord chamberlain, for his allowance; and without such allowance it shall not be lawful to act the same (ƒ). The lord chamberlain is moreover empowered to forbid, under penalties in case of disobedience, the representation or performance of any stage play, or part thereof, in any theatre whatever, whenever such a course shall appear to him advisable, whether for the preservation of good manners or decorum, or with a view to preserve the public peace (g).

(f) 6 & 7 Vict. c. 68, s. 12.

(g) Sect. 14.