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Transfer of victuallers’ licences.
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1. Upon the death of any person duly licensed to carry on the business of a licensed victualler, and to sell exciseable liquors by retail, to be consumed on the premises, in Ireland, or upon the removal of any such person from the house or premises at which he is authorized by any such licence to carry on such business as aforesaid in Ireland, or the sale of or assignment of his interest therein by operation of law or otherwise, it shall be lawful for the justices of the peace of the district within which any such licensed house or premises shall be situated, assembled at petty sessions, or the justices in any liberty, city, town, or place within which any such licensed house or premises shall be situated, assembled at petty sessions, at any time when no quarter sessions shall be holden for any such county, riding, division, liberty, city, town, or place, (if they shall think proper so to do, after examining upon oath all necessary parties,) to transfer, by endorsement thereon, any and every such licence as aforesaid then in force to any person, not disqualified by law, to whom it shall be proposed at the time of such application to transfer any such licence, to use, exercise, and carry on the business of a licensed victualler at the same house and on the same premises, and there to sell such exciseable liquors as might theretofore have been lawfully sold and retailed therein; and thereupon it shall be lawful for such person so to use, exercise, and carry on the said business at such house and premises, until the quarter sessions of the peace which shall be holden for the same county, riding, division, liberty, city, town, or place next after the expiration of one calendar month from the time of such transfer, and no longer.
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Transfers within Dublin Metropolis to be made by Police magistrates.
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2. Provided always, that nothing herein contained shall be construed to empower any justices at petty sessions to make any such transfer as aforesaid within any of the divisions assigned or to be assigned to any of the police courts already established or to be established within the district of Dublin Metropolis, but that any such application as is herein-before authorized to be made at petty sessions shall, when the licensed house and premises shall be situated within any of the said divisions of the police district of Dublin Metropolis, be made to one of the police magistrates sitting at any of the said courts, and such magistrate shall, in his discretion, make any such transfer as aforesaid, in the manner and for the time herein-before mentioned: Provided also, that any person who shall be authorized under the provisions of this Act to continue to carry on the business of a licensed victualler shall, after the obtaining such authority, and so long as the same shall continue in force, be subject to all the powers, regulations, proceedings, penalties, and provisions declared by or contained in any Act or Acts in force touching the regulation, government, or control of licensed keepers of inns; alehouses, and victualling houses, in like manner as if the same had been repeated and re-enacted in this Act; and that all penalties and forfeitures imposed by any such Act or Acts shall be applied as directed by the same respectively.
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