Lists to be printed and advertised.—The clerk of the peace, or the town clerk, as the case may be, is required, at least ten days before the general meeting for the granting and renewal of certificates, to make out and advertise, at least twice in one or more newspapers printed or generally circulated in the district, a complete list of all applications for certificates within their respective bounds for premises not at the time certificated. And so also of all applications by new tenants or occupants of premises at the time certificated, and of all applications for renewal of certificates which have been transferred during the currency of the previous half-year. Clerks of the peace are also required to transmit by post to the registrar of every parish within their respective counties or districts a copy of the list, so far as it is applicable to the parish of such registrar. The latter official preserves the list, and gives access thereto to any party applying for inspection thereof upon payment of a fee of one shilling. The justices or magistrates may, at any April half-yearly meeting for the granting and renewal of certificates, cause a descriptive list of persons to whom certificates have been granted for the year next ensuing, with the premises to which the certificates apply within their respective jurisdictions, to be printed for the use of themselves and others concerned in the execution of the licensing laws. A person desirous of obtaining a renewal of a subsisting certificate which has not been transferred during the current half-year need not produce along with his application any recommendation or certificate of character and qualification. But this ex emption does not interfere with the powers of justices and magistrates to deal with the application.
Objections to the granting and renewal of certificates.—Any person or the agent of any person owning or occupying property in the neighbourhood of the house or premises in respect of which a certificate or renewal of a certificate is applied for, may object to the grant or renewal by lodging at any time, not less than five days before the general meeting, with the clerk of the peace or town-clerk, as the case may be, a notice in writing to that effect, signed by himself or his agent, specifying the grounds of his objection. The objection is heard at the then ensuing general meeting, and if it is considered of sufficient importance by the justices or magistrates, and proved to their satisfaction, the certificate will not be granted or renewed. But no such objection is entertained unless it is proved or admitted that the person objecting or his agent has at least five days before the general meeting delivered to the applicant for the certificate a copy of the notice of objection, or has forwarded it to him by post, with postage prepaid, or has left for him a copy thereof addressed to him at his place of abode mentioned in his application, or in the case of an application for the renewal of a certificate, at the licensed premises for which the application is made. The justices or magistrates respectively, if they consider the objections and allegations against a renewal of a certificate frivolous or vexatious, or unauthorised, may find the person or agent, as the case may be, niaking the same liable in such expenses as they deem proper. Notwithstanding the foregoing, justices and magistrates may hear and determine m ithout such notice objections made verbally or in writing by any justice of the peace or magistrate, or by the procurator-fiscal, chief constable, or superintendent of police. Attend ance of certificate holder.—An applicant for the renewal of his certificate need not attend in person at the 1-fleeting unless he is required to do so by the justices or niagistrates, as the case may be. Summoning witnesses.—A justice or magistrate, in any application for the grant or renewal of a certificate, or in dealing with any objection to the application, or in any other matter arising under the provisions of the Licensing Acts, may grant warrant to summon witnesses and havers on behalf of any party interested ; and the justices or magistrates before whom respectively any such application, objection, or matter is depending, may exaniine the witnesses and havers on oath or solemn affirmation, and do everything necessary for the due and proper hearing and determination of the cause or matter. And any person summoned as a
witness or as a haver, either on the part of the complainer or of the person complained against, or of any person interested in the matter, who neglects or refuses to appear at the time and place for that purpose appointed without reasonable excuse, may, when it is proved that he has been duly summoned at least twenty-four hours before the meeting of the diet of the court, be apprehended and committed to prison till he finds security to appear and give evidence ; and any person who so neglects or refuses to appear, or who appearing refuses to give evidence on oath or solemn affirmation, is thereby guilty of an offence, and on being convicted thereof will forfeit the sum of £5, and in default of immediate payment will be imprisoned for not more than thirty days; and any person who, under examination on oath or solemn affirmation, prevaricates or wilfully conceals the truth, may be imprisoned for any period not exceeding sixty days, or made to forfeit and pay a penalty not exceeding .e5, and in default of immediate payment be imprisoned for a period not exceeding thirty days.
Appeal.—If a justice of the peace, or proprietor or occupier of a house in respect whereof a certificate is applied for, is dissatisfied with any proceeding of any justices or magistrates in granting or refusing or otherwise disposing of the application, he may appeal therefrom to the next quarter sessions of the peace for the county. But the appeal must be lodged with the clerk of the peace within ten days after the proceeding ; and if the appellant is a proprietor or occupier he must find caution to abide the appeal and the expenses thereof, and give intimation of the appeal to the opposite party, and to the justices or magistrates of whose proceeding he complains. But still, no appeal will lie to quarter sessions against any justices or magistrates for refusing an application for a new certificate, for every such refusal is final. Penalty on clerk.—If any clerk of the peace or town-clerk respectively knowingly or wilfully issues or delivers a certificate contrary to the deliver ance, or to an unauthorised person, or inserts an untrue date in the certificate, or refuses to deliver it to the person authorised to receive it, he is liable for every such offence to forfeit £20 on conviction. List to be sent to excise collector.—The clerks of justices and magistrates respectively are required within eight days next after the time of the expiration of the meetings to transmit to the collector or supervisor of excise of the district a list of all persons who have obtained certificates, with full particulars, under a penalty in default of 25. Duplicate certificates.—The clerk of the peace or town clerk, as the case may be, must, when lawfully required, make a duplicate of any certificate issued by him, for which he is entitled to a fee of one shilling, and such duplicate is admissible in evidence in any court or proceeding with out production of the original certificate. Fees to clerks.—No clerk of the peace, sheriff-clerk, or town-clerk is entitled to demand any greater or addi tional fee than or to that authorised by the scale sanctioned under the Licensing Acts. For taking illegal fees a clerk is liable for each offence to a fine of £5.