Volume 2

The statutes in force relating to the poor laws : to Boards of Guardians, district school and asylum managers, overseers, and the Local Government Board, from 43 Eliz. c.2, to 35 & 36 Vict, c.93, together with digests of the decisions of the courts upon each statute / by William Cunningham Glen.

  • Glen, W. Cunningham (William Cunningham), 1814-1892.
Date:
1873
Catalogue details

Licence: Public Domain Mark

Credit: The statutes in force relating to the poor laws : to Boards of Guardians, district school and asylum managers, overseers, and the Local Government Board, from 43 Eliz. c.2, to 35 & 36 Vict, c.93, together with digests of the decisions of the courts upon each statute / by William Cunningham Glen. Source: Wellcome Collection.

    67/914 (page 701)
    the population of which according to Buch last parliamentary census shall exceed two thousand five hundred and shall not exceed ten thousand, or within one mile, to be measured as aforesaid, from any polling place used at the last election for any town having the like population as last aforesaid, and returning a member or members of parliament; nor shall any nor less than such licence be granted in respect of any dwelling house which per annum shall not, with the premises occupied therewith, be rated in one sum to the rate for the relief of the poor, of the parish, town- elsewhere. ship, or place, in which such house and premises are situate on a rent or annual value of eight pounds, if situated elsewhere than as aforesaid ; and every licence granted contrary hereto shall be null and void. II. Every person who shall apply to be licensed to retail beer or Person apply- cider shall produce to the proper oflicer of excise authorized to grant such licences, a certificate in writing from an overseer of a^cer- the township, parish, or place in which he shall reside, certi- tificateof his fying that such applicant is the real resident, holder, and occu- being the real pier of the said house, and also certifying the true rent or resident occu- annual value at which such house, with the premises occupied gf therewith, is rated in one rating to the poor rates, according amount at to the last sum or rate made and allowed in such township, which it is parish, or place for the relief of the poor; and every such rated, certificate shall be deposited and left with the proper officer of excise by whom such licence shall be granted; and a duplicate thereof shall be deposited and left with the clerk of the peace for the county, riding, or city within which such township, parish, or place is situate {a). (a) See 4 & 5 Will. 4, c. 85, s. 2; s. 4 (1); 33 & 34 Viet. c. Ill, s. 1; 24 & 25 Viet. c. 21, s. 3; 32 & 33 and as regards the metropolis, 32 & 33 Viet. e. 27, s. 7 j 33 & 34 Viet. e. 29, Viet. e. 67, s. 45. Beerhouse Licence. Although the fact that the applicant is the real resident, holder, and Decisions on occupier is essential to give validity to a licence under 3 & 4 Viet. c. 61, s. 1, sect. 1. the certificate of the overseer of the fact is not a condition precedent to the ■ - . obtaining of the licence. And where the overseer declined to certify, but the supervisor of excise obtained information which satisfied him that the applicant was the resident, holder, and occupier, and thereupon the licence was granted, the licence was held to be valid : Thompson v. Harvey, 32 L. T. 320. A beerhouse situated in a township having a population of less than 10,000 inhabitants, according to the last parliamentary census, must, if such township be within a parish containing more than 10,000 inhabitants, be rated at one sum to the rate for the relief of the poor of the township in which such house is situate on a rent or annual value of 15Z. per annum at the least, or otherwise the licence is null and void under the 3 & 4 Viet, c. 61, s. 1: Preston v. BucTcler, 39 L. J. M. C. 105; L. E. 5 Q. B. 391; 22 L. T. (n. s.)‘ 653. If a shop be occupied with a dwelling house, and they together be assessed in a sufficient sum, the terms of s. 1 of 3 & 4 Viet. c. 61, are satis- fied : Qa/rratty v. Potts, 40 L. J. M. C. 1.