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Licenser - Law Dictionary Search Results

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Beer

Beer, a liquor, compounded of malt and hops. The selling of it by retail is regulated by various Acts. The (English) Licensing Act of 1828, which did not allow the sale of beer by retail except in 'alehouses,' etc., requiring a licence from justices of the peace-grantable or refusable in their absolute discretion-not being considered to afford sufficient facilities for supplying the public with beer, the (English) Beer Act of 1830 (11 Geo. 4 & 1 Wm. 4, c. 64), was passed to allow any person to retail beer upon taking out an excise licence only.This Act was amended in 1834 by 4 & 5 Wm. 4, c. 85, which drew a distinction between houses for the retail of beer to be drunk on the premises where sold-commonly called beerhouses-and houses for the retail of beer not to be drunk on the premises where sold-commonly called beershops, by requiring that the keeper of a beerhouse should obtain as a condition precedent to his excise license a certificate of good character, signed by six rate payers n...


Defeasance (defeasance)

Defeasance (defeasance) [fr. defaire, Fr., to undo], a collateral deed accompanying another, providing that upon the performance of certain matters an estate or interest created by such other deed shall be defeated and determined.A defeasance should recite the deed to be defeated and its date, and must be made between the same parties as are interested in the recited deed or their representatives, and with the same formalities as the deed which created the estate to be defeated; it must be of a thing defeasible, and all the conditions must be strictly performed before the defeazance can be consummated.So long as it was the law that a condition in a lease not to alien without license was determined by the first license granted [Dumpor's case, (1603) 1 Sm. L. C.], a defeazane was frequently adopted in order to revive the condition, and so virtually to limit the license to the particular assignment, but the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), replaced by t...


Populous place

Populous place, was defined by s. 32 of the (English) Licensing Act, 1874, as 'any area with a population of not less than 1,000 which by reason of the density of such population the county licensing committee may by order determine to be a populous place.' By s. 3 of this Act the closing hours were made different in towns and 'populous places' from those (1) in London and (2) elsewhere that in London or in towns and populous places. The above definition was repealed and substantially re-enacted by (English) Licensing (Consolidation) Act, 1910, but was repealed by the Licensing Act, 1921. A 'populous place' no longer exists in licensing law....


Sessions of the peace

Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...


Dog

Dog. Draught.--The (English) Protection of Animals Act, 1911, s. 9, and the (English) Protection of Animals (Scotland) Act, 1912, s. 8, prohibit, under a penalty, the use of any dog in England or Scotland for the purpose of draught.Licenses.--Dog licenses are regulated by the (English) Dog Licenses Act, 1867 (30 Vict. c. 5), as amended by 32 & 33 Vict. c. 14, s. 38, 41 Vict. C. 15, ss. 17-23, and 42 & 43 Vict. c. 21, s. 26. They commence on the day of grant, and terminate on the 31st of December following; but procuring a license on the day of a conviction will not avoid the penalty up to 5l. under s. 8 of the Act of 1867, Campbell v. Strangways, (1877) 3 CPD 105. The present duty is 7s. 6d., to which it was raised from 5s. by the (English) Customs and Inland Revenue Act, 1878 (41 & 42 Vict. c. 15), and this s. is amended by s. 5 of the (English) Dogs Act, 1906. See Johnson v. Wilson, (1909) 2 KB 497. No duty is payable for dogs under six months old (Act of 1867, s. 10), or hound whelp...


Ale-house

Ale-house, a place where ale with other intoxicating liquors as deemed proper by the keeper, is sold by retail to be drunk on the premises where sold. Such a house, commonly called also a public-house, has for a long time, by a series of Acts consolidated in 1828 by 9 Geo. 4, c. 61 (styled 'The (English) Alehouse Act, 1828,' by the Short Titles Act, 1896, but [and more correctly 'The (English) Intoxicating Liquors Licensing Act, 1828,' by the Licensing Act, 1872], required a license from justices of the peace as well as an excise license; whereas the houses called beer-houses, first established in 1830 by 11 Geo. 4 & 1 Wm. 4, c. 64, required an excise license only until the passing of the Wine and Beerhouse Act, 1869. See INTOXICATING LIQUORS....


Electric lighting

Electric lighting. The supply of electricity for light-ing is facilitated and regulated by the (English) Electric Lighting Act, 1882 (45 & 46 Vict. c. 56). Under this Act powers may be obtained either (1) by license from the Board of Trade; or (2) by Provisional Order of the Board of Trade, needing confirmation by special Act of Parliament; or (3) by special Act of Parliament. The (English) Electric Lighting Clauses Act, 1899 (62 & 63 Vict. c. 19), has incorporated in one Act the usual clauses of provisional orders and special Acts, and directed that such clauses are to apply to every undertaking under the Electric Lighting Acts except so far as expressly varied. These licenses and orders may either be granted to the local authorities themselves or, with their consent, to independent contractors. Licenses continue in force for any period not exceeding seven years, but are renewable. By s. 27 of the (English) 1882 Act an undertaking autho-rized by provisional order or special Act may be...


Brewster sessions

Brewster sessions. The special sessions of licensing justices annually held in the first 14 days of February for the grant of licenses for sale by retail of intoxicating liquors to be drunk on the premises where sold. See INTOXICATING LIQUORS. Before the Licensing Act, 1902, these sessions were held under s. 1 of the Licensing Act, 1828, in August and September, and in Middlesex and Surrey in March....


Gaming or gambling

Gaming or gambling, the playing any game of chance, as cards, dice, etc., for money, or money's worth.The still unrepealed 33 Hen. 8, c. 9, prohibits the keeping of any common house for dice, cards, or any unlawful games, under penalties of 40s. for every day of so keeping the house, and 6s. 8d. for every time of playing therein; and the (English) Gaming Act, 1738 (12 Geo. 2, c. 28) (applied by the Gaming Act, 1739 (13 Geo. 2, c. 19), to all games with dice, except backgammon, and by the (English) Gaming Act, 1744 (18 Geo. 2, c. 34), to 'roulet, otherwise roly-poly'), declares hazard and other games to be lotteries, so that the keepers of tables for them are liable to penalties under the (English) Lotteries Act, 1721 (8 Geo. 1, c. 2), the (English)Lotteries Act, 1710 (9 Anne, c. 6), and the Lotteries Act, 1698 (10 & 11 Wm. 3, c. 17); the system ofincorporation of previous statutes by referencebeing carried very far in gaming legislation.Gaming in Public-houses, etc.--Sect. 79 of the (E...


Music and dancing licences

Music and dancing licences.--The grant of these in London and Westminster and within twenty miles thereof, including the administrative county of (English) Middlesex (Music and Dancing Licences (Middlesex) Act, 1894), is regulated by the (Eng-lish) Public Entertainment Act, 1751 (25 Geo. 2, c. 36), which enacted that any house kept for public dancing, music, or other public entertainment of the like kind, without a licence from justices, is to be deemed a disorderly house; see (English) Home Counties (Music and Dancing) Licensing Act, 1926 (16 & 17Geo. 5, c. 31); and by s. 3 of the Local Government Act, 1888, which transferred the licensing powers from justices to the London County Council. For Sunday entertainments, see (English) Sunday Entertainments Act, 1932 (22 & 23 Geo. 5, c. 51).Various local Act in large towns (see Geary on the Law of Public Entertainments) regulate music-halls, etc., somewhat similarly; and the (English) Local Government Act, 1888, substitutes the county counc...



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