liquor which he is not authorized to sell, unless he shall account for the possession of the same to the satisfaction of the court by which he is tried, he shall forfeit such liquor and the vessels containing the same, and shall be liable to a penalty.

S. 11. Names of licensed persons to be affixed to premises.— Every licensed person shall cause to be painted or fixed, and shall keep painted or fixed on the premises in respect of which his license is granted, in a conspicuous place and in such form and manner as the Licensing Justices may from time to time direct, his name, with the addition after the name of the word "licensed," and of words sufficient, in the opinion of the said justices, to express the business for which his license has been granted, and in particular of words expressing whether the license authorizes the sale of intoxicating liquor to be consumed on or off the premises only, as the case may be; and no person shall have any words or letters on his premises importing that he is authorized as a licensed person to sell any intoxicating liquor which he is not in fact duly authorized to sell. Every person who acts in contravention of the provisions of this section shall be liable to a penalty.

OFFENCES AGAINST PUBLIC ORDER.

S. 12. Penalty on persons found drunk.-Every person found drunk in any highway or other public place, whether a building or not (a), or on any licensed premises (b), shall be liable to a penalty not exceeding ten shillings, and on a second conviction within a period of twelve months shall be liable to a penalty not exceeding twenty shillings, and on a third or subsequent conviction within such period of twelve months be liable to a penalty not exceeding forty shillings (c).

Every person who in any highway or other public place, whether a building or not, is guilty while drunk of riotous or disorderly behaviour, or who is drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine, or who is drunk when in possession of any loaded fire-arms, may be apprehended, and shall be liable to a penalty not exceeding forty shillings, or in the discretion of the court to imprisonnent with or without hard labour for any term not exceeding one month.

Where the court commits any person to prison for nonpayment of any penalty under this section, the court may order him to be imprisoned with hard labour.

[(a) The term "public place, whether a building or not," would include that portion of railway stations, museums, courts of justice, &c., actually used and frequented by the public as a public place. Any place to which the public have a right of admission free of charge is a public place.

(b) "Licensed premises" are not a public place, the distinction is drawn in the section. A person found drunk on the premises of a publican or beer retailer cannot therefore be arrested.

The term "Licensed premises," as used in this section, means licensed premises while they are open to the public for the purpose of the license, consequently a licensed person (publican or beer retailer) who is found drunk on licensed premises in his own occupation after licensed hours, and when the premises are closed to the public, is not liable to a penalty under section 12.

(c) It will be observed that under this section there is no power of arrest for simple drunkenness. Under 6 and 7 Wm. IV., c. 38, sec. 12, " any person found drunk at any hour of the day or night, in any street, square, lane, road, or other public thoroughfare or place," may be apprehended by a constable, and forthwith conveyed before a justice, who can deal with the case summarily; but the penalty imposed by sec. 12 of Act, 1872, is substituted for the penalty under the former Act.-See secs. 59 and 79. By sec. 25 of Act, 1874, a constable can detain a person " found drunk in any highway or other public place, whether a building or not," if incapable of taking care of himself, until he can with safety be discharged, when the constable may let him go, and proceed against him by summons, or convey him before a magistrate (as directed in sec. 12, 6 and 7 Wm. IV., cap. 38), to be summarily dealt with. If the offender is unknown to the Constabulary, or not likely to appear on summons, the latter course should be followed. When an offender is arrested by a constable for any of the aggravated offences of drunkenness provided for in the second paragraph of section 12 of Act, 1872, the constable has no power to discharge the prisoner, but should convey him before a magistrate.

There are four forms of drunkenness recognised by the law for which arrests may be made; (1), drunkenness in a public place; (2), drunkenness in a public place, accompanied by riotous or disorderly behaviour; (3), drunkenness in a public place while in charge of any carriage, horse, cattle, or steam engine; (4), drunkenness in any place, public or private, when in possession of any loaded fire-arms. For the offences (2), (3), and (4), when an offender is arrested, the constabulary have no power to discharge him.

Proceedings for offences, enumerated in the 12th section of this Act, committed within the boundaries of any town under the Towns Improvement (Ireland) Act, 1854, may be taken by the constabulary either in the Petty Sessions Court in their own names as complainants, or in the town court, in which case a constable, although he may be a witness, cannot be complainant, and the complaint should be brought in the name of the town clerk. When the offence has been committed within the boundaries of the town and the offender is known to reside therein, the proceedings are required

to be taken in the town court; but in all cases where the offender does not reside within the town, or where his residence is unknown, the proceedings are required to be taken in the Petty Sessions Court irrespective of the place where the offence was committed, the prosecuting constable being named as complainant in the summons.]

S. 13. Penalty for permitting drunkenness.--If any licensed person permits drunkenness or any violent, quarrelsome, or riotous conduct to take place on his premises, or sells any intoxicating liquor to any drunken person, he shall be liable to a penalty.

S. 14. Penalty for keeping disorderly house.--If any licensed person knowingly permits his premises to be the habitual resort of or place of meeting of reputed prostitutes, whether the object of their so resorting or meeting is or is not prostitution, he shall if he allow them to remain thereon longer than is necessary for the purpose of obtaining reasonable refreshment, be liable to a penalty.

[A disorderly inn is an inn kept in a disorderly manner, and suffered to be resorted to by persons of bad character, for any improper purpose. Every person who keeps a disorderly inn, or who, being an innkeeper, refuses without reasonable grounds to enterain any person ready and willing to pay for entertainment therein, ommits a misdemeanor.-Stephen's Digest of C. L.)

S. 15. Penalty for permitting premises to be a brothel.--If any licensed person is convicted of permitting his premises to be a brothel, he shall be liable to a penalty, and shall forfeit his license, and he shall be disqualified for ever from holding any license for the sale of intoxicating liquors. S. 16. Penalty for harbouring constables. If any licensed

person-

1. Knowingly harbours or knowingly suffers to remain on his premises any constable (a) during any part of the time appointed for such constable being on duty, unless for the purpose of keeping or restoring order or in execution of his duty; or

2. Supplies any liquor or refreshment, whether by way of gift or sale, to any constable on duty unless by authority of some superior officer of such constable;

or

3. Bribes or attempts to bribe any constable;

he shall be liable to a penalty.

[In respect to section 16 it is to be observed that the word knowingly" is used in subsection 1, and omitted in subsections 2 and 3, from which circumstance it seems that while under subsection 1 the licensed person would not be liable for the act of his servant, unless it was proved that it was committed with his know

ledge, under subsections 2 and 3 (for supplying liquor to a constable without authority, or for bribing or attempting to bribe him) the master would be liable for the act of his servant, although he had no knowledge of such act. In regard to subsection 2 this point was so decided by the Queen's Bench in England.

Subsections 1 and 2 have reference to constables on duty only, subsection 3 to constables whether on or off duty.

The Refreshment Houses Act, 23 and 24 Vic., c. 107, provides in sec. 41-every person licensed to sell beer, spirits, wine, cider, or any other fermented or distilled liquors by retail, to be drunk or consumed on the premises, who knowingly harbours or entertains, or suffers to remain in the place wherein he carries on his business, any constable during any part of the time appointed for his being on duty, unless for the purpose of quelling disturbance, or restoring order, is liable to a penalty not exceeding forty shillings. See also 17 and 18 Vic., c. 103, s. 74.

Bribing any officer of justice is an indictable offence as a misdemeanor at common law.]

S. 17. Penalty for permitting gaming.-If any licensed person

1. Suffers any gaming (a) or any unlawful game to he carried on on his premises; or

2. Opens, keeps, or uses, or suffers his house to be opened, kept, or used in contravention of the Act 16 & 17 Vic., c. 119, intituled "An Act for the suppression of Betting Houses";

he shall be liable to a penalty.

[(a) Gaming is "playing at any game for money or money's worth." A lawful game, if played on licensed premises for money or money's worth (as for drink, etc.), is thereby rendered unlawful, and becomes an offence against this section. No game of mere skill is an unlawful game (8 and 9 Vic., c. 109, s. 1). Skittles, cards, dominoes, chess, draughts, etc., are therefore not unlawful games unless played for money. Cock or dog fighting, badger baiting, or other games causing cruelty to animals are unlawful (12 and 13 Vic., c. 92). Lotteries are unlawful games and public nuisances (11 Anne, c. 6). A licensed person cannot allow his private friends to play cards for money in his licensed premises.]

S. 18. Power to exclude drunkards from licensed premises.— Any licensed person may refuse to admit to and may turn out of the premises in respect of which his license is granted any person who is drunken (a), violent, quarrelsome, or disorderly, and any person whose presence on his premises would subject him to a penalty under this Act (b).

Any such person who upon being requested in pursuance of this section by such licensed person, or his agent, or servant, or any constable, to quit such premises, refuses or

fails so to do, shall be liable to a penalty not exceeding £5, and all constables are required on the demand of such licensed person, agent, or servant to expel or assist in expelling every such person from such premises, and may use such force as may be required for that purpose.

The court committing any person to prison for nonpayment of any penalty under this section may order him to be imprisoned with hard labour.

[(a) This section does not require a licensed person (publican or beer retailer) to refuse to admit or expel a person drunk, but it enables him to do so.

(b) The person whose presence would subject the licensed person to a penalty are prostitutes (sec. 14) and constables in the execution of their duty (sec. 16).

It should be borne in mind that the foregoing sections 3 to 18 apply to publicans and beer retailers and their premises only.]

Sections 19 to 22 are repealed; 23 to 29 do not apply to Ireland.

S. 30. Forfeiture of license on repeated convictions.—If any licensed person, on whose license two convictions for offences committed by him against this Act have been recorded, is convicted of any offence which is directed by this Act to be recorded on his license, the following consequences shall ensue; that is to say :—

1. The license of such licensed person shall be forfeited, and he shall be disqualified for a term of five years from the date of such third conviction from holding any license; and

2. The premises in respect of which his license was granted shall, unless the court having cognizance of the case in its discretion thinks fit otherwise to order, be disqualified from receiving any license for a term of two years from the date of such third conviction.

[By section 21 of Act, 1874, convictions for offences against sections 5, 6, 13, 14, 16, 17, 78, 83, and 84 of Act, 1872, or against sections 22, 23, and 33 of Act, 1874, may, at the discretion of the magistrates, be recorded on the license or Excise license.]

S. 31. Disqualification of premises.-The following additional provisions shall be enacted with respect only to convictions of persons who may hereafter become licensed in respect of premises, and shall not apply to a conviction of any person licensed for any premises at the passing of this Act so long as he is licensed in respect of the same premises,

viz.: