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ABERDEEN. See PILOTS and PILOTAGE.
ADEN. The treaty concluded at Aden with Sultan Boo Beker, of the Lower Bolakees, by which he agreed to protect vessels wrecked on his coast, was ratified at Calcutta, by the Governor-General of India, on December 11, 1871. For a translation of the treaty referred to, see TREATIES.
ADMIRALTY COURT. The Admiralty jurisdiction of the county courts is extended by 32 & 33 Vict. c. 51 to any claims not exceeding 3007. each, relating to the use or hire of any ship, or the carriage of goods in any ship, or any claim in tort in respect of goods carried in any ship, and to all claims for damage to ships whether by collision or otherwise, and also, if the parties agree, to claims of higher amount referring to all the above claims except those for damage. It provides, too, that the judge may be assisted by two mercantile assessors. (See also BANKRUPTCY in this Supplement.)
Appeal from decisions of the Board of Trade as to survey of ships may be made to the Courts of Admiralty in England and Ireland, under Act of 1873, 36 & 37 Vict. c. 85.
In the event of the reversal of a County Court Judgment by the Admiralty Court, appeal lies to the Judicial Committee of Council under County Court Act of 1875.
ADULTERATION. A stringent law for the prevention of adulteration was passed in 1872. This Act incorporates the Pharmacy Act of 1868, imposes heavy penalties on those who adulterate, or sell adulterated, food or drink, or drugs, provides for the appointment of analysts, who are to make quarterly reports of their proceedings, and gives the purchaser of food, &c., a right to call for analysis of any such article, and a certificate of the result, on payment to the inspector or inspectors appointed under the Act of not less than 2s. 6d. nor more than 10s. 6d. [ALE AND BEER.]
AGRICULTURAL PRODUCE. See CATTLE and SHEEP, CORN, GRAIN, HORSES, &c.
ALDERNEY HARBOUR. [HARBOUR.] ALE AND BEER. By the Wine and Beerhouse Act of 1869, 32 & 33 Vict. c. 27, the licensing of refreshment houses in England, and of the retailing of beer, cider, and wine, is transferred from the excise to the justices assembled at the general annual licensing meeting, and the provisions of 9 Geo. IV. c. 61 are declared to be applicable to grants of certificates under the new Act; stipulating, however, that such certificates are not, except under extraordinary circumstances, to be refused where the liquors are not to be consumed on the premises.
And in charging the above rates of duty upon the importation of beer, the specific gravity of the worts from which the same was made shall be ascertained and determined in the manner prescribed by 19 & 20 Vict. c. 34, s. 16, for ascertaining and determining the rates of drawback on the exportation of beer. See MAN, ISLE OF, for duties on ale and beer fixed by Customs Act of 1874.
The Wine and Beerhouse Act of 1869 is amended by the 33 & 34 Vict. c. 29. The more important enactments are, that the certificates, instead of being signed by the majority of the justices, may bear their official seal or stamp, verified by the signature of their clerk; that houses licensed to sell sweets may be entered by constables in the same way as houses or places of public resort for the sale of fermented or distilled liquors (the term 'sweets' includes sweets, made wines, mead, and metheglin); that those portions of previous Acts which authorise the grant, to brewers of beer, of brewers' licenses to retail beer not to be consumed on the premises, be repealed; and no such license after the passing of 33 & 34 Vict. c. 29 is to be granted, whether to a new applicant or by way of renewal.
The following provisions in relation to sugar to be used by brewers of beer for sale in the brewing and making of beer, are incorporated in the Customs and Inland Revenue Act of 1870, 33 & 34 Vict. c. 32 s. 8:
Sugar used in Brewing. In addition to any enactments now in force in relation to sugar to be used by brewers of beer for sale in the brewing and making of beer, the following provisions shall have effect in relation to sugar so to be used:
1. The brewer shall on the first of October, 1870, enter in a book or paper to be provided by the Commissioners of Inland Revenue an account in pounds weight avoirdupois of the quantity of sugar then in his possession, and from time
to time a like account of every quantity of sugar subsequently received by him, and he shall make such entry on the day on which he shall receive the sugar:
2. The brewer shall keep the said book or paper at all times in some public and open part of his entered premises ready for the inspection of the officers of excise, and he shall permit any officer of excise at any time to inspect the said book or paper, and to make any entry therein or extract therefrom, and also to take away the said book or paper, upon leaving another for the use of the brewer:
3. The brewer shall not receive any sugar except in a package containing two hundredweight of sugar at the least, unless the sugar shall be contained in the package in which it shall have been imported into the United Kingdom, and shall be in the same state as when imported:
4. The brewer shall not receive any sugar unless accompanied by an invoice or delivery note specifying the quantity and the true name and address of the person from whom the sugar shall have been purchased:
5. The brewer shall produce and deliver to the officer of excise who shall first survey or visit his brewery after the receipt of any sugar, the invoice or delivery note which shall have accompanied such sugar, and he shall allow the officer to retain the said invoice or delivery note so long as may be necessary to enable him to compare the same with the book or paper in which the account of the sugar is required to be entered:
6. The brewer shall deposit all sugar received by him, immediately upon the receipt thereof, in the proper place entered by him for keeping or storing sugar, and shall keep the same therein, separate and apart from all other sugar, for the period of twenty-four hours from the time when such sugar shall have been so deposited, unless such sugar shall have been previously examined by an officer of excise:
7. The brewer shall permit an officer of excise at any time to take an account of the sugar in his possession, or any part thereof, and shall furnish the officer taking such account with proper scales and weights, and with such assistance as may be necessary to enable him conveniently to take such
8. The brewer shall not remove any sugar from his brewery, nor dispose thereof in any manner other than by dissolving the same in the mash tun or other vessel duly entered with the proper officer of excise for that purpose:
For any offence against this section the brewer shall forfeit the penalty of one hundred pounds. Sec. 9 of the same Act declares that a penalty of double duty shall be paid by the brewer on any deficiency over 2 per cent. found on taking stock of sugar at his brewery, and sec. 10 enacts that every brewer shall enter in his book the quantity of malt and sugar intended to be used in brewing, two hours before making and dissolving the same.
From the Report of the Inland Revenue Commissioners for 1873-4 it would appear that 68,889,131 pounds of sugar were used in the United Kingdom for brewing in that year, showing an increase over the previous year's consumption of 22,174,878 pounds. But as the equivalent of the latter was but 105,595 quarters of malt and nearly 60,000,000 bushels of duty-paid malt were made in 1874, the excess referred to was comparatively insignificant.
The Act of 1871, 34 & 35 Vict. c. 111, repeals sec. 14 of the Beerhouses (Ireland) Act of 1864, which exempted certain persons from producing a certificate before obtaining the grant, renewal, or transfer of a license for the sale of beer.
The use of sugar by brewers and distillers is further regulated by the Act of 1874, which fixes the excise duty on such sugar at 11s. 6d. per cwt.
The Licensing Acts of 1872 and 1874, 35 & 36 Vict. c. 94, and 37 & 38 Vict. c. 49, contain the following regulations, viz. :—
Illicit Sales.-No person shall sell or expose for sale by retail any intoxicating liquor without being duly licensed to sell the same, or at any place where he is not authorized to sell the same. Any person selling or exposing for sale by retail any intoxicating liquor which he is not licensed to sell by retail, or selling or exposing for sale any intoxicating liquor at any place where he is not authorized by his licence to sell the same, shall be subject to the following penalties; that is to say,
For the first offence he shall be liable to a penalty not exceeding fifty pounds, or to imprisonment with or without hard labour for a term not exceeding one month:
For the second offence he shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment with or without hard labour for a term not exceeding three months, and he may, by order of the court by which he is tried, be disqualified for any term not exceeding five years from holding any license for the sale of intoxicating liquors :
For the third and any subsequent offence he shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment with or without hard labour for any term not exceeding six months, and may by order of the court by which he is tried be disqualified for any term of years or for ever from holding any license for the sale of intoxicating liquors :
9. The brewer shall permit any officer of excise to gauge any wort or solution made from sugar, and also to take a sample or samples from such wort or solution; and if upon examination of the sample or samples it shall be found that the wort or solution contained an amount of sugar exceeding the quantity used in making such wort or solution, according to the entry made by the brewer in the proper book or paper provided for In addition to any other penalty imposed by that purpose, such amount to be ascertained ac- this section any person convicted of a second or cording to a table to be approved by the Com- any subsequent offence under this section shall, if missioners of Inland Revenue for showing the he be the holder of a license, forfeit such license, quantity of sugar contained in any given quantity and in the case of a conviction for any offence of wort or solution, according to the specific under this section, the court may, if it thinks exgravity thereof as ascertained by any saccharo-pedient so to do, declare all intoxicating liquor meter ordered to be used by the said Com- found in the possession of any such person as last missioners, the brewer shall be deemed to have aforesaid, and the vessels containing such liquor, committed an offence against this section; pro- to be forfeited. LICENSING ACT of 1872, sec. 3. vided that it shall not be necessary on the trial of any information or other proceeding, to produce or give in evidence any order of the said Commissioners approving such table, or ordering the use of any saccharometer.
Every holder of a license who sells or allows any person to sell, to be consumed on the premises, any description of spirits to any person apparently under the age of sixteen years, shall be liable to a penalty not exceeding twenty shil
lings for the first offence, and not exceeding forty | themselves for the purposes of this Act a county shillings for the second and any subsequent of licensing committee, or they may appoint more fence. (Sec. 7.) than one such committee, and assign to any such committee such area of jurisdiction as they may think expedient.
Every person shall sell all intoxicating liquor which is sold by retail and not in cask or bottle, and is not sold in a quantity less than half a pint, in measures marked according to the imperial standards.
Every person who acts or suffers any person under his control or in his employment to act in contravention of this section shall be liable to a penalty not exceeding, for the first offence ten pounds, and not exceeding for any subsequent offence twenty pounds, and shall also be liable to forfeit the illegal measure in which the liquor was sold. (Sec. 8.)
Registers.-There shall be kept in every licensing district by the clerk of the licensing justices of that district a register, to be called the register of licenses, in such form as may be prescribed by such justices, containing the particulars of all licenses granted in the district, the premises in respect of which they were granted, the names of the owners of such premises, and the names of the holders for the time being of such licenses. There shall also be entered on the register all forfeitures of licenses, disqualifications of premises, records of convictions, and other matters relating to the licenses on the register.
Every person applying for a new license, or the renewal of a license, shall state the name of the owner of the premises in respect of which such license is granted or renewed, and such name shall be endorsed on the license, and the person whose name is so stated shall, subject as hereinafter mentioned, 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 subsituting the name of the applicant, 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 license granted in respect of the premises of which such applicant claims to be the
Any ratepayer, any owner of premises to which a license is attached, and any holder of a license within a licensing district, shall, upon payment of a fee of one shilling, and any officer of police, and any officer of inland revenue in such district, without payment, shall be entitled at any reasonable time to inspect and take copies of or extracts from any register kept in pursuance of this section for such district; and the clerk of the licensing justices and every other person who prevents the inspection or taking copies of or extracts from the same, or demands any unauthorised fee therefor, shall be liable to a penalty not exceeding five pounds for each offence.
The licensing justices may, if they think fit, cause the register kept in pursuance of this section to be divided into parts and assign a part to any portion of the licensing district; and there shall be paid by each licensed person to the clerk in respect of such registration the sum or fee of one shilling for every license granted or renewed. (Sec. 30.)
Amendment of Law as to Grant of Licenses.In counties a grant of a new license shall not be valid unless it is confirmed by a standing committee of the county justices, in this Act called the county licensing committee.
The justices in quarter sessions assembled for every county shall annually appoint from among
A county licensing committee shall consist of not less than three nor more than twelve mem
The quorum of a county licensing committee shall be three members.
Any vacancies arising in any such committee from death, resignation, or other causes, may be from time to time filled up by the justices in quarter sessions by whom the committee is appointed.
A county licensing committee shall be deemed to be a standing committee of the quarter sessions by whom they are appointed for the year succeeding their appointment, and their jurisdiction and proceedings shall not be affected by the termination of the sessions at which they were appointed. The members of a committee retiring at the end of the year may be re-appointed; and if from any cause members have not been appointed in any year to succeed the retiring members, such retiring members may continue to act as the committee until their successors are appointed.
The justices in quarter sessions shall make such regulations with respect to the meetings of any such committee and the transaction of business thereat as they may think fit.
The clerk of the peace of the county shall by himself or his deputy be the clerk of the county licensing committee or committees, and shall perform all such duties in relation to any such committee or committees as he is required by law to perform in relation to the justices in quarter sessions assembled.
Provided that so far as respects any new licenses to be granted in any county at any general annual licensing meeting, or any adjournment thereof held between August 20 and the end of September 1872, the justices of such county may, at any adjourned quarter sessions or general sessions (if they think fit to hold a general sessions), at any time before October 1, 1872, appoint a county licensing committee, but if no such licensing committee be appointed before such date as last aforesaid the justices of the county in quarter sessions assembled shall be deemed to be the county licensing committee for the purpose of any new license granted at such annual licensing meeting; and any such new license, if confirmed by the county licensing committee or by the said justices in quarter sessions, shall be in force from the day of the confirmation thereof until October 11, 1873. (Sec. 37.)
In boroughs in which at the commencement of the time appointed for the annual appointment of a licensing committee in this section mentioned there are ten justices acting in and for such borough or upwards, new licenses shall be granted by a committee, who shall for the purpose of such new licenses perform all the duties and be subject to the obligations of licensing justices.
In every such borough as aforesaid the justices acting in and for such borough shall annually in the fortnight preceding the commencement of the period during which the general annual licensing meeting for such borough may be held appoint from among themselves for the purposes of this Act a committee of not less than three nor more than seven in number, but no justice shall be appointed a member of such committee unless he is qualified to act under this Act.
Any vacancies arising in such committee (in this Act referred to as the borough licensing com
mittee) from death, resignation, or other causes, may be from time to time filled up by the justices by whom the committee is appointed.
The quorum of a borough licensing committee shall be three members.
on the ground that the justices or committee of justices who granted or confirmed the same were not qualified to make such grant or confirmation.
From and after the passing of this Act, the justices of a county shall not for licensing purThe members of the borough licensing com- poses, save in so far as respects the power of apmittee retiring at the end of the year may be re- pointing members of a joint committee, have any appointed; and if from any cause members have jurisdiction in a borough in which the borough not been appointed in any year to succeed the re-justices have for such purposes concurrent juristiring members, such retiring members may con- diction. (Sect. 38.) tinue to act as the borough licensing committee until their successors are appointed.
The grant of a new license by a borough licensing committee shall not be valid unless it is confirmed by the whole body of borough justices who would, if this Act had not passed, have been authorised to grant licenses, or by a majority of such body present at any meeting assembled for the purpose of confirming such licenses.
In boroughs in which there are not ten justices acting in and for such borough at such time as aforesaid, new licenses shall be granted by the qualified borough justices, but the grant of a new license by such justices shall not be valid unless it is confirmed by a joint committee appointed in respect of such borough in manner hereinafter mentioned:
A joint committee for any such borough as last aforesaid shall consist of three justices of the county in which such borough is situate and three justices of the borough, but no justice shall be appointed a member of such committee unless he is qualified to act under this Act. The three county justices on a joint committee shall be appointed by the county licensing committee. The same county justices may be appointed members of more than one joint committee under this section. The borough justices on a joint committee shall be appointed by the justices of the borough for which they act, or by the majority of such justices assembled at any meeting held for that purpose. Any casual vacancy arising in the joint committee from death, resignation, or other cause, may from time to time be filled up by the justices by whom the person creating such vacancy was appointed. The quorum of the joint committee shall be five members. The senior magistrate on the joint committee present at any meeting shall be its chairman; and in the event of an equal division of the committee the chairman shall
have a second vote:
Provided that so far as respects any new licenses to be granted in any borough at any general annual licensing meeting, or any adjournment thereof, held between August 20 and the end of September 1872, the following enactments shall take effect:
1. If no licensing committee has been appointed in the county in which a borough is situate for which a joint committee is required to be appointed by this Act, the county members of the joint committee shall be appointed by the justices in quarter sessions assembled, and in any such borough as last aforesaid any new license, if confirmed by the joint committee, shall be in force from the date of the confirmation thereof until October 11, 1873.
2. All notices and ministerial acts given or done in relation to the grant of such licenses shall be valid, notwithstanding such notices may be given or acts be done before the appointment of a borough licensing committee, and the borough justices may appoint a time at which the borough licensing committee will be prepared to grant new licenses.
No objection shall be made to any licenses granted or confirmed in pursuance of this section
Beyond the limits of the jurisdiction of the metropolitan police courts a metropolitan police or stipendiary magistrate may act as one of the justices empowered to grant or confirm licenses so far as regards any licensing district wholly or partly within his jurisdiction. (Sect. 39.)
Hours of Closing.-All premises in which intoxicating liquors are sold by retail shall be closed as follows; that is to say,
(1.) If situate within the metropolitan district
(a) On Saturday night from midnight until one o'clock in the afternoon on the following Sunday; and
(b) On Sunday night from eleven o'clock until five o'clock on the following morning; and (c) On all other days from half an hour after midnight until five o'clock on the same morning; and
(2.) If situate beyond the metropolitan district and in the metropolitan police district or in a town or in a populous place as defined by this Act,
(a) On Saturday night from eleven o'clock until half an hour after noon on the following Sunday; and
(b) On Sunday night from ten o'clock until six o'clock on the following morning; and
(c) On the nights of all other days from eleven o'clock until six o'clock on the following morning; and
(3.) If situate elsewhere than in the metropolitan district or the metropolitan police district or such town or populous place as aforesaid
(a) On Saturday night from ten o'clock until half an hour after noon on the following Sunday; and
(b) On Sunday night from ten o'clock until six o'clock on the following morning; and
(c) On the nights of all other days from ten o'clock until six o'clock on the following morning.
Such premises wherever situate shall, save as hereinafter mentioned, be closed on Sunday afternoon from three or half-past two according as the hour of opening shall be one o'clock in the afternoon or half an hour after noon until six o'clock.
Such premises wherever situate shall be closed on Christmas Day and Good Friday and on the days preceding Christmas Day and Good Friday respectively, as if Christmas Day and Good Friday were respectively Sunday, and the pre ceding days were respectively Saturday, but this provision shall not alter the hours during which such premises shall be closed on Sunday when Christmas Day immediately precedes or succeeds Sunday. LICENSING ACT of 1874. (Sec. 3.)
An exemption from the above-mentioned hours of closing shall not be granted in respect of premises in the neighbourhood of a theatre, for the accommodation of persons attending the same. (Sec. 4.)
The grant of an order of exemption under the said sec. 26 amended as aforesaid may be made