continue in force until the annual licensing petty sessions held next after the grant of snch certificate, unless at such annual sessions such certificate shall be confirmed, when, if the certificate be not confirmed, the beer retailer's, spirit grocer's, or wholesale beer dealer's license, as the case may be, shall not be re newed. (Act 1874, s. 12.)

Notice to Police Officers.-Every person applying for a certificate to enable him to obtain the grant or transfer of either of these licenses is required to give before the petty sessions twenty-one days' notice in writing to the district-inspector of the district, or in his absence to the head constable, or if in the Dublin metropolitan police district, to the superintendent of police of the division in which he resides, stating (1) the intention of such person to make such application; (2) his place of residence; (3) the situation and place of the house where such person purposes to carry on business; and (4) where such person had been previously licensed for the sale of exciseable liquors, to be consumed on or off the premises-the last place of business whereat such sale had been carried on, with the date at which such person had given up business. (Sec. 4.)

Police Officers may object.-The district-inspector of the district, or, in his absence, the head-constable-or if in the Dublin metropolitan police district, the superintendent of police of the division-is authorized to object before the justices or the divisional justice at the annual licensing or other petty sessions, to the issue of such certificate for grant, transfer, or renewal; and the justices shall in such case proceed to consider, examine on oath into, and adjudicate upon the truth, sufficiency, and validity of such objection; and if the justices are satisfied of the truth and sufficiency of any such objection, they may refuse to grant the certificate. (Sec. 5.)

Renewal of License.--The justices' certificate for renewal of such licenses is obtained at any petty sessions previously to the expiration of the excise license. Such certificate to the good character of the

license holder and peaceable and orderly manner in which his house has been conducted in past year, has to be signed by two magistrates, or if in Dublin by a divisional justice as before stated. (Sec. 3.)

Appeal.-Either the applicant or the police officer objecting may, if dissatisfied with the decision, appeal therefrom to the next quarter sessions of the division in which such decision shall have been given, or if within the police district of Dublin metropolis, then to the Recorder of the city of Dublin at his next sessions. It will be observed that the applicant has the right of appeal against the justices' refusal of the certificate for the grant or transfer, as well as for renewal. (Sec. 13.)

Beer Licenses Regulation (Ireland) Act, 1877 (40 Vic., chup. 4).-S. 2.--It shall not be lawful for any officer of excise in Ireland to grant a license or transfer of a license for the sale of beer, ale, or porter to be drunk or consumed elsewhere than on the premises where sold, or to grant a renewal of any such license as aforesaid to any person whomsoever, in respect of any premises, unless upon the production of a certificate that such premises, with premises belonging thereto and occupied therewith, if any, are rated for the relief of the poor for the sum of eight pounds or upwards, or in respect of any premises situate in any city or town, as defined by "The Licensing Act (Ireland), 1874," containing a population exceeding ten thousand, according to the then last parliamentary census, unless upon the production of a certificate that such premises, with the premises belonging thereto and occupied therewith, if any, are rated for the relief of the poor in a sum of fifteen pounds or upwards; nor unless upon the production of a certificate that such rated premises, wherever situate, have been in the exclusive occupation of such person for a period of three months at the least immediately preceding the date of such certificate. Every such certificate as is mentioned in this section shall be 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. All applications for certificates shall be made in the same manner, and subject to the like conditions as to appeal, &c., as are prescribed for certificates under "The Beerhouses (Ireland) Act, 1864."--S. 3. The several provisions of the eleventh section of "The Beerhouses (Ireland) Act

1864, are extended so as to apply to any person licensed to sell beer by wholesale to be consumed off the premises where sold, who shall keep his house or premises open for the sale of beer between the hours of 7 A.M. and 7 P.M.

[Section 3, taken with section 11 of 27 and 28 Vic., chap. 35, empowers the Constabulary to enter the premises of wholesale beer dealers at any time or hour at which such premises are kept open for the sale of beer. It is also thus provided that all the rights, powers, and authorities given to a Constable in and by the second section of 8 and 9 Vic, chap. 64, and the twelfth section of 17 and 18 Vic., chap. 89, and the several fines, &c., contained in the said sections in relation to the offences therein respectively set forth, shall extend and be applicable to wholesale beer dealers and the houses and premises in which they shall carry on the sale of beer, during the hours of sale: (see pages 112, 119, and 146 of Licensing Acts Manual)].

Betting Acts, 1853 and 1874.

Betting Act, 1853, 16 & 17 Vic., c. 119.-S. 1. No house or place to be kept for betting.--No house, office, room, or other place shall be opened, kept, or used for the purpose of the owner, occupier, or keeper thereof, or any person using the same, or any person procured or employed by or acting for or on behalf of such owner, occupier, or keeper, or person using the same, or of any person having the care or management, or in any manner conducting the business thereof-betting with persons resorting thereto; or for the purpose of any money or valuable thing being received by or on behalf of such owner, occupier, keeper, or person as aforesaid, as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse race, or other race, fight, game sport, or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency as aforesaid; and every house, office, room, or other place opened, kept, or used for the purposes aforesaid, or any of them, is hereby declared to be a common nuisance, and contrary to law. S. 2. Every house or place so used shall be deemed a common gaming house within 8 & 9 Vic., c. 109, "Gaming Houses Act." S. 3. Penalty for opening, keeping, or using a house or place for betting house-not exceeding £100 and costs. S. 4. Owner or occupier of such house or place, or any person acting for or on

* See page 199.

behalf of them, or having the care or management or assisting in the business there, who shall receive, directly or indirectly, any deposit on any such condition; and any person giving any acknowledgment or draft on the receipt of any money or valuable thing purporting or intended to entitle the bearer or any other person to receive any money or valuable thing on any such event or contingency-penalty not exceeding £50 and costs. S. 5. Any money or valuable thing so received, or the value thereof, may be recovered, with full costs of suit, by action. S. 6. Act not to extend to persons holding any stakes or deposit to be paid to the winner of any race or lawful game.

S. 7. Advertising Betting Houses.--Any person exhibiting or publishing, or causing to be exhibited or published, any placard, handbill, card, writing, sign, or advertisement, whereby it shall be made to appear that any house, office, room, or place is opened, kept, or used for the purpose of making bets or wagers in manner aforesaid, or for the purpose of exhibiting lists for betting, or with intent to induce any person to resort to such house, office, room, or place for the purpose of making bets or wagers in manner aforesaid; or any person who on behalf of the owner or occupier of any such house, office, room, or place, or person using the same, shall invite other persons to resort thereto for the purpose of making bets or wagers in manner aforesaid--penalty not exceeding £30 and costs.

S. 11. Search Warrant.-Any justice on complaint on oath that there is reason to suspect any place to be used as a betting house may issue a warrant to any Constable to enter, with assistance, and, if necessary, with force, and arrest and search any person therein, and to seize all lists or other documents relating to racing or betting found therein.

Betting Act, 1874, 37 Vic., c. 15.-S. 1. This Act shall be construed as one with 16 & 17 Vic., c. 119 (referred to as the principal Act), and both Acts shall be cited together as the Betting Acts, 1853 and 1874.

S. 3. Penalty on Persons advertising as to Betting.— Where any letter, circular, telegram, placard, handbill, card, or advertisement is sent, exhibited or published,—

(1.) Whereby it is made to appear that any person, either in the United Kingdom or elsewhere, will on application give information or advice for the purpose of or with respect to any such bet or wager, or any such event or contingency as is mentioned in the principal Act, or will make on behalf of any other person any such bet or wager as is mentioned in the principal Act; or,

(2.) With intent to induce any person to apply to any house, office, room, or place, or to any person, with the view of obtaining information or advice for the purpose of any such bet or wager, or with respect to any such event or contingency as is mentioned in the principal Act; or,

(3.) Inviting any person to make or take any share in or in connexion with any such bet or wager; every person sending, exhibiting, or publishing, or causing the same to be sent, exhibited, or published, shall be subject to the penalties provided in the 7th section of the principal Act with respect to offences under that section.

Bigamy, 24 & 25 Vic., c. 100.-S. 57. Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony and any such offence may be dealt with, inquired of, tried, determined, and punished in any county or place in England or Ireland where the offender shall be apprehended or be in custody, in the same manner in all respects as if the offence had been actually committed in that county or place: provided that nothing in this section contained shall extend (1) to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or (2) to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or (3) shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or (4) to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction.

[Proof.-Upon an indictment for bigamy the prosecutor must prove (1) the two marriages, and it is immaterial whether both marriages took place in this country or in a foreign country; (2) the identity of the parties; (3) that the first wife was alive at the time the second marriage was solemnized; (4) and if she had been absent for seven years then-that the prisoner knew she was alive. After proof of the first marriage, the second wife is a competent witness. for then it appears the second marriage is void. When the wife has been absent for seven years it is for the prosecution to show, not only that the wife is alive but that the prisoner knew it at the time he contracted the second marriage. It is no defence to show that the second marriage is invalid, or even made void by statute. The first wife is not a competent witness to prove any part of the case, either for or against her husband.]

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