TERRITORIAL FORCE. See APPENDIX II.
chief statutory authority relating to theatres and stage plays is The Theatre Act, 1843, the term " theatre " meaning a house or other place of public resort for the performance of stage plays. Theatres can lawfully exist as such only when duly licensed, though to this there is the exception of the Covent Garden Opera House, which derives its privilege from letters patent. The Lord Chamberlain is the licensing authority for theatres in the cities of London and Westminster, and the boroughs of Finsbury and Marylebone, the Tower Hamlets, and Southwark, and in the boroughs of New Windsor and Brighton, and wherever the sovereign is residing for the time being. Elsewhere the licenses are granted by the local justices as delegates of the functions of the County Councils. The licensee must be the actual and responsible manager for the time being of the building which comprises the theatre, and where the business of the theatre is carried on by a limited company this rule would still prevail, and the secretary, as such, would not be the proper person to hold the licence. The fee for the licence must not exceed the sum of five shillings for each calendar month during which the theatre is licensed to be kept open. Rules are settled by the justices for insuring order and decency, and for regulating the times during which the theatre is to be open ; and, in order that these rules shall be duly observed, the manager, together with two sureties, must enter into a bond to secure payment of any penalties that may be incurred. Any one who keeps open a theatre, as above defined, without authority, by virtue of letters patent, or licence from the Lord Chamberlain or justices, incurs a penalty of 4920 for every day during which the place is so open. It is illegal to use a part of a private house as a theatre, without a licence, if the persons who are admitted to the performances pay for the privilege, even though the payment is made to some charity, and is no personal benefit to the owner of the house (Shelley v. Bethell). But the Army Act expressly excepts from this prohibition any recreation room, managed or conducted under the authority of a Secretary of State or the Admiralty ; such a place may be used for the public performance of stage plays without a licence. And another exemption to be noted is that introduced by the Theatres Act itself in favour of performances in booths or shows allowed by justices, or other persons having authority, in any lawful fair, feast, or customary meeting of the like kind. Merely because a performance is held in a temporary tent or booth, or in one used by strolling players, it does not follow that it comes within the latter exemption—the circumstances enumerated in the statutory exemption must have an existence. Not only is it unlawful to keep open a theatre without a licence, but it is equally so for any one, for hire, to act or present any part of a stage play in any place not a patent theatre or not duly licensed. The penalty for unlawful acting is less, however, than that imposed
in respect of the former offence—it is 910 for every day on which the offence is committed. Actors and actresses who accept engagements at a private function should be careful not to receive a reward from any of the spectators, or otherwise they would be unlawfully acting for hire in an unlicensed place. But it would seem that they can lawfully accept " hire " from the host (Tarling v. Fredericks; Fredericks v. Payne). An actor is deemed, by the Theatres Act, to be acting for hire when money or other reward is taken or charged, directly or indirectly, or when the purchase of any article is made a condition for admission, and in every case where the play is performed in any place in which distilled or excisable liquor is sold. And to appreciate the scope of the above definition of a theatre it is important to grasp the mean ing of the term " stage play." In the words of the Act it is stated to include " tragedy, farce, opera, burletta, interlude, melodrama, pantomime, or other entertainment of the stage "; but not to extend to the already referred to performances in booths. From this it is apparent that the sketches now such a leading feature on the music hall stage are absolutely illegal, and that both the proprietors of the halls and the actors are liable to heavy penalties. Indeed, the Lord Chamberlain, some few years ago, issued a notice intimating that the sketches then in course of representation at music halls were stage plays, and since then the sketches have developed considerably. A dialogue, that is to say, an acted conversation between two persons in different costumes and characters, has even been held to come within the definition of a stage play (Thome v. Coulson ; Dey v. Simpson). Prosecutions under the Act must be commenced within six calendar months. Penalties may be recovered by action, and are applied first to the payment of the expenses of the prosecutor and the balance to the Crown. Intoxicants may be lawfully sold in a theatre upon obtaining an excise licence, and without a justice's licence ; but the justices have power to make it a condition of granting the theatre licence that the licensee shall not apply for the excise licence (R. v. Yorkshire West Riding County Council ; Manchester Palace of Varieties v. Mayor of Manchester). But, as to closing time, theatres are within the restrictions imposed by the Licensing Act, 1874, though not the like Act of 1892 (Gallagher v. Rudd). With regard to the employment of children and young persons on the stage, the provisions of the Dangerous Performances Acts, 1879-97, the Prevention of Cruelty to Children Act, 1894, and the Children's Act, 1908, apply.