PART III.

OTHER PROCEEDINGS OUT OF SESSIONS.

CHAPTER I. MATTERS TO BE DONE IN SPECIAL SESSIONS.
II. MATTERS TO BE DONE IN PETTY SESSIONS, OR BY
ONE JUSTICE.

observations.

CHAPTER I.

MATTERS TO BE DONE IN SPECIAL SESSIONS. 1

Preliminary We have explained in Vol I. pp. 69, 70, what is a special sessions, and given a tabular view of the purposes for, and the periods of the year at which they are required in certain cases to be holden. Of course, none of the general provisions of the 11 & 12 Vict. c. 42 (as to indictable offences) apply; nor can 11 & 12 Vict. c. 43 (as to summary convictions and orders), be made available in these matters, either as to the time for making the complaint, or the processes to be issued, as 11 & 12 Vict. c. 43, s. 35, excepts all matters other than summary convictions and orders, or as to the costs on complaints. Many of the matters, however, in this chapter, to which there are two parties, the provisions of the 20 & 21 Vict. c. 43, and 42 & 43 Vict. c. 49, treated of in Vol. I. p. 263, as to stating a a case for the opinion of a superior court, will apply.

Mode of con

cial sessions.

The general mode of convening a special sessions (where vening a spe- notice of it is to be given to other persons than justices) was formerly by a precept under the hands of two justices directed to the high constable of the hundred, who issued his warrant to the petty constables of the several parishes, commanding them to do the act or acts required of him. In particular

1 In well-regulated courts of special sessions, minutes of the proceedings are entered and kept in a separate book, called "The Special Sessions Book."

tices.

cases the statute provides for the manner of convening it, but none fixes the length of notice, except the Game Act, 1 & 2 Will. 4, c. 32, s. 18, and the Theatres Act, 6 & 7 Vict. c. 68, s. 5, which in each case is seven days. With respect now to Notice to jusconvening the justices together, 7 & 8 Vict. c. 33, s. 7, after reciting that "it is expedient to relieve high constables from "the duty of serving notices of the holding of special sessions on the justices of the peace of the division of special sessions "personally," enacts,

"That from and after the passing of this act, in all cases in which special sessions are required to be holden for any division of any county or place, if notice of the intended holding of such special sessions be signed by any one justice of the peace usually acting within such division, and if a copy of such notice be sent by post 2 a reasonable time before the day on which such sessions are to be holden, addressed to each justice of the peace resident and usually acting within such division at his residence in such division, such notice shall be deemed to have been duly given to or served on each such justice of the peace, any law or custom to the contrary notwithstanding."

7 & 8 Vict.

c. 33, s. 7.

And by "The High Constables Act, 1869," 32 & 33 Vict. How notices c. 47, which practically abolishes the office of high constable to other peras regards proceedings before justices, sect. 3, it is enacted,

"It shall be the duty of the clerk to the justices of the peace in each petty sessional division, other than those which are either wholly or partly within the metropolitan police district or the city of London, to send by post to the proper parties 3 in such division all

2 The best proof of service would be by sending it as a registered letter, and the signature to the receipt proved.

3 The intention of the act, as appears by this section, is to place the clerk to the justices in the place of the high constable in all the special sessions cases upon which this section is to operate (the precepts to him being dispensed with), and the clerk to the justices must, consequently, perform all the duties which the high constables used to perform in such cases. Neither the duties of other persons, i. e. petty constables, nor any other requirement of the statutes relating to special sessions, appears to be interfered or dispensed with by this section. As the justices, and not their clerk, are to fix the days of holding special sessions for any purpose, the justices should make some appointment of the day, and this it would seem cannot be done more conveniently than by a precept addressed to their clerk in the same form as before usually directed to the high constable, and then the clerk to the justices should address a warrant to the petty constables, (where that course was formerly required to be taken by the high constable in any case), with the notice to be delivered to other parties, or affixed on church doors, &c., for the words in the section, "send by post to the proper parties," cannot be applied to notices required by the law to be affixed on the doors of churches, &c., and therefore it will be

sons are to be

sent.

32 & 33 Vict.

c. 47, s. 3.

32 & 33 Vict. c. 47, s. 3.

Forms.

Proof of con-
vening.
Open court.

Adjournments.

notices of the holding of special or other sessions, of days of appeal, and of any other matter or thing (except such as relate to claims against the hundred 4 or other like district, or to parliamentary or municipal elections, or the registration of electors) of which notices are now by law or custom served upon or sent to any parochial officer or other person by high constables,—and no precept or notice to perform any such duty in any such division shall hereafter be issued to any high constable, after the passing of this act."

For the general forms for convening special sessions, see Oke's "Formulist," 6th ed. pp. 613, 614.

Proof of the special sessions having been legally convened should be given before entering upon the business of it.

The room or place is an open court for the purpose of hearing special sessions matters.

There is no general statutory power to adjourn a special sessions, unless the case is one which falls within the operation of the 11 & 12 Vict. c. 43, s. 1. Some general provision is needed under the acts 9 Geo. 4, c. 61; 5 & 6 Vict. c. 109; 5 & 6 Will. 4, c. 76; 5 & 6 Will. 4, c. 50; 6 & 7 Vict. c. 68; and 2 & 3 Vict. c. 84; but the justices having once entered upon a matter in special sessions may, of course, adjourn the hearing or determination of the case. In case of an adjourned special sessions, it is prudent to give the like notice as for the original sessions.

ALEHOUSES, see tit. "Intoxicating Liquors," post.

APPEALS AGAINST RATES, see tit. "Poor," post.

BEERHOUSES, see tit. "Intoxicating Liquors," post.

BILLIARDS.

As to the grant of billiard licences for the keeping of "public billiard tables and bagatelle boards, or instruments used in any game of the like kind"-they are granted under the authority of 8 & 9 Vict. c. 109, s. 10, by justices at the general annual licensing

The

convenient still to employ the petty constable as before in these cases, and
if in these it is desirable, to retain his services in all similar cases.
fees of the justices' clerks will not be affected by the new mode.
4 By sect. 5 of the act 32 & 33 Vict. c. 47, the chief constable of the
county is substituted for the high constable in reference to claims against
the hundred. See tit. "Hundred," post.

meeting held for granting licences to alehouses, or at an adjourn- 8 & 9 Vict. ment of it, and transferred at special sessions held for transferring c. 109. such licences. The like notices are to be given by applicants for such billiard licences as then required for alehouse licences under the 9 Geo. 4, c. 61, and now it is the same under the amended mode prescribed by the Licensing Act, 1872, 35 & 36 Vict. c. 94 (see sect. 75). Alehouse keepers are not required, as will be seen, to take out this licence (though of course they must not allow "gaming" at billiards, see 35 & 36 Vict. c. 94, s. 17), but keepers of beerhouses and all other persons not consuming on their premises exciseable liquors (beer and sweets not being such now), must do so, if they keep a billiard table or bagatelle board for public playing (see 8 & 9 Vict. c. 109, s. 11).

Grant of Billiard Licences.] The 8 & 9 Vict. c. 109 ("An Act to amend the Law concerning Games and Wagers"), s. 10, enacts, "That the justices in every division, district, and place in England for which a special session of the justices of the peace (called the general annual licensing meeting) is holden annually for granting licences to persons keeping or being about to keep inns, alehouses, and victualling-houses to sell exciseable liquors by retail to be drunk or consumed on the premises therein specified, shall have authority at such general annual licensing meeting or at any adjournment thereof, to grant billiard licences to such persons as the said justices shall in their discretion deem fit and proper to keep public billiard tables and bagatelle boards or instruments used in any game of the like kind,—and at the special sessions holden for transferring licences to keep inns shall have authority to transfer such billiard licences to such other persons as they in their discretion shall deem fit and proper to continue to hold the same-and who in each case shall be required to give the like notice of their intention to apply for such billiard licence, and entitled to receive the like notice of the licensing days as is required in the case of persons intending to apply for a licence or the transfer of a licence to sell exciseable liquors by retail to be drunk or consumed on the premises, or as near thereto as the case will allow ;-and every such billiard licence shall be in the form given in the third schedule annexed to this act, and shall continue in force in the counties of Middlesex and Surrey from the fifth day of April, and elsewhere from the tenth day of October, after the granting thereof, for one whole year thence respectively next ensuing, and no longer ;—and the clerk of the justices shall be entitled to demand and receive from every person licensed under this act, for the petty constable or other peace officer, for serving notices and other services required of him, the sum of one shilling, and for the clerk of the justices, for the licence, the sum of five shillings ;-and every clerk who shall demand or receive from any person for such fees more

8 & 9 Vict. c. 109.

than the said sums, being together six shillings, shall for every such offence, on conviction before one justice, forfeit and pay the sum of five pounds."

At the close of the repealing clause, sect. 75 of the Licensing Act, 1872, 35 & 36 Vict. c. 94, there is a proviso applicable to the above enactment, the pertinent portion of it being as follows:"That in the case of persons intending to apply for billiard licences under the act of the eighth and ninth years of the reign of her present Majesty, chapter one hundred and nine, intituled An Act to amend the Law concerning Games and Wagers,'—or for the transfer of such licences,-the same notices shall be given as are by this act required in the case of licences as defined by this act, or as near thereto as circumstances admit."

8 & 9 Vict. c. 109, s. 11, enacts (inter alia), "That every house, room, or place kept for public billiard playing, or where a public billiard table or bagatelle board, or instrument used in any game of the like kind is kept, at which persons are admitted to play,— except in houses or premises specified in any licence granted under an act passed in the ninth year of the reign of King George the Fourth, intituled 'An Act to regulate the granting of Licences to Keepers of Inns, Alehouses, and Victualling-houses in England,' hereinafter called a victualler's licence,-shall be licensed under this act."

The licensed alehouse keeper and no one else is specially exempted by this section from taking out a billiard licence; but if he has a billiard table, he must keep the billiard room closed at such times as play at houses licensed for billiards is not allowed. In the form of billiard licence given in the schedule to 8 & 9 Vict. c. 109, it will be seen there is this prohibition or condition,-" and do not knowingly allow the consumption of exciseable liquors therein by the persons resorting thereto;" but it was held in Jones v. Whittaker (39 L. J., N. S. 139; 22 Law T., N. S. 535; affirming Lancashire v. Justices of Staffordshire 26 L.J. (N. S.) M. C. 171), that neither beer nor sweets is now an exciseable liquor, beer-house keepers and other persons, where beer or sweets are consumed, may take out a licence, and are not liable to be proceeded against for an offence against the tenor of the billiard licence, if they allow those liquors to be consumed on their premises. The playing at billiards or bagatelle, &c. are not since 8 & 9 Vict. c. 109, unlawful games.

If the justices refuse to grant a billiard or bagatelle licence, there is no appeal, as there was at the time of the passing in 1845 of the 8 & 9 Vict. c. 109, in respect to alehouse licences, it being so held in the year 1857, in the case of Reg. v. Justices of Devonshire (30 Law T. 150; Ex parte Chamberlain, 8 E. & B. 644, S. C.); nor is there an appeal against the refusal to transfer a licence; and the 35 & 36 Vict. c. 94, s. 75, does not extend the law as to such appeal in regard to alehouse and other licences, to billiard or bagatelle licences.