Selectios 10-13. Or to imprisonment, with or without hard labour, for any period not exceeding one month: Court to order persons to be of good behaviour. Witnesses. Short title and applica tion of Act. Provided always that no person shall be liable to be convicted under this section unless the court is satisfied that he knew or ought to have known the condition of the person in connection with whom the charge is brought. 11. Where a person is convicted of any offence included, or deemed to be included, in the list of offences mentioned in the First Schedule to the Inebriates Act, 1898, the court may, either in addition to or in substitution for any other penalty, order the offender to enter into a recognizance with or without sureties to be of good behaviour. 12. In all proceedings under this Act a husband or wife shall be a competent witness. 13. This Act shall apply to Ireland only, and may be cited as the Summary Jurisdiction (Ireland) Act, 1908. BEERHOUSES (IRELAND) ACT, 1864. [27 & 28 VICT. CH. 35.] Sections 1-5. 1. This Act may be cited for all purposes as " The Beerhouses (Ireland) Short title. Act, 1864." 2. [Repealed, S. L. R. Act, 1893.] Ireland not to grant licences licences with certificate of 3. From and after the commencement of this Act, save as hereinafter Excise officers in mentioned, it shall not be lawful for any officer of excise in Ireland to grant a licence or transfer of a licence for the sale of beer (a) by retail, or renewal of to be drunk or consumed elsewhere than on the premises where sold, to out producing any person applying for such licence or transfer of a licence, or to grant justices. a renewal of any such licence as aforesaid to any person applying for such renewal, without such person producing a certificate signed by two or more justices of the peace presiding at the petty sessions of the district in which such person resides, or if in the Dublin Metropolitan Police District by a divisional justice of the district in which such person resides, to the good character of such person, and the suitability of the premises for the purpose of such sale, and where the application shall be for the transfer of an existing licence or the renewal of a licence for the same house, as shall have been licensed in the year last immediately preceding, and which licence shall not have been withdrawn or annulled, without a similar certificate to the good character of the person applying for such renewal, or of the person to whom such transfer is proposed to be made, and to the peaceable and orderly manner in which such house had been conducted in the past year. cate to give officers. 4. Every person who shall apply for such certificate as aforesaid shall persons applygive twenty-one days notice in writing to the sub-inspector of the district ing for certif in which he resides, or in his absence to the head-constable, or if in the notice to police Dublin Metropolitan Police District to the superintendent of police of the division in which such person resides, stating the intention of such person to make such application, and setting forth his place of residence, and the situation and place of the house where such person purposes to carry on the business of a retailer of beer; and in every case where any such person had been at any time previously licensed for the sale of wine, spirits, beer, ale, cider, or other exciseable liquors to be consumed on the premises or elsewhere, such notice sball set forth the last place of business whereat such wine, spirits, beer, ale, cider, or other exciseable liquors had been sold, together with the date at which such person had given up or otherwise discontinued the sale thereof. may ohject to the issue of certificate. 5. The sub-inspector of the district, or in his absence the head-con- Police officers stable, or if in the Dublin Metropolitan Police District the superintendent of police of the division, shall be and he is hereby authorised to object before the justices at petty sessions, or the divisional justices, as the case may be, to the issue of such certificate, and the justices shall in such case proceed to consider, examine on oath into, and adjudicate upon the (a) To include porter, 34 & 35 Vict. c. 111, s. 3. Sections 5-9. truth, sufficiency, and validity of such objection; and if such justices shall be satisfied of the truth and sufficiency of any such objection, they may refuse to grant such certificate. Prohibitions, for which kept open, to extend to persons licensed to the premises. 6. From and after the commencement of this Act all the prohibitions, in Ireland with penalties, and forfeitures now in force in Ireland with respect to the respect to hours hours during which licensed houses may be lawfully kept open for the houses may be sale of wine, spirits, ale, beer, or cider, by retail, to be drunk or consumed on the premises, shall extend to and be applicable to persons licensed sell beer not to to sell beer by retail not to be drunk or consumed upon the premises be consumed on where sold: And in like manner all and singular the rights, powers, and authorities given to any justice of the peace, police officer, or constable, in and by the second section of an Act passed in the eighth and ninth years of the reign of Her Majesty, chapter sixty-four, and in and by the twelfth section of an Act passed in the seventeenth and eighteenth years of Her said Majesty, chapter eighty-nine, and the several fines, forfeitures, pains, and penalties contained in the said sections in relation to the offences therein respectively set forth, shall extend and be applicable to such licensed persons, and the houses and premises in which the sale of beer is so carried on as fully and effectually to all intents and purposes as if the said provisions of the said sections of the said Acts had been herein repeated and specially enacted with reference to persons licensed to sell beer by retail to be drunk and consumed elsewhere than on the premises where sold, and to the sale of beer by such persons for consumption on their premises, save that the mode of recovering and applying any penalty shall be as hereinafter enacted. Penalty for selling beer for premises with consumption on out a licence. Penalty for 7. Every person not being duly licensed in that behalf who shall sell beer (a) for consumption upon his premises shall be liable for the first offence to a fine not exceeding two pounds nor less than five shillings, or to be imprisoned, with or without hard labour, for any term not exceeding one month nor less than one week, and for the second and every subsequent offence to a fine not exceeding five pounds nor less than twenty shillings, or to be imprisoned, with or without hard labour, for any term not exceeding three months nor less than one month. 8. If any person shall be found drinking or tippling, or having the appearance of having been recently drinking or tippling, on any premises in respect of which a licence shall then exist authorising the sale of beer (a) such premises. but not for consumption on such premises, such person may be summoned tippling on premises not licensed for consumption on Justices may require produc before the justices of the peace at petty sessions or divisional justices of the police district of Dublin metropolis, as the case may be, or may be lawfully apprehended and brought, so soon as conveniently may be, before a justice of the peace, to be dealt with according to law; and upon conviction of his having been so drinking or tippling shall be liable for the first offence to a fine not exceeding five shillings, and for the second and every subsequent offence to a fine not exceeding ten shillings nor less than five shillings. 9. In any case if any complaint shall be laid against any person licensed tion of licences to sell beer (a) by retail not to be drunk or consumed upon the premises upon the hear where sold for any offence against the tenor of his licence, or for any offence against this Act or any other Act affecting or having reference to his licence, it shall be lawful for the justice or justices before whom such complaint shall be brought to require such person to produce his ing of any complaint. (a) To include porter, 34 & 35 Vict. c. 111, s. 3. |