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LICENSING (IRELAND) ACT 1860
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CHAPTER XXXV.
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An Act further to amend an Act of the Eighteenth Year of Her present Majesty, to amend the Law for the better Prevention of the Sale of Spirits by unlicensed Persons and for the Suppression of illicit Distillation in Ireland. [23d July 1860.]
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[Preamble recites 18 & 19 Vict. c. 62.]
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Appeals from informal orders of justices refusing certificates.
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1. In case any person shall appeal against an order made by the justices at petty sessions, or by the divisional justices, as the case may be, refusing him the certificate which is required by law to entitle him to obtain a renewal of a licence to sell beer, cider, and spirituous liquors in Ireland, and it shall appear that the justices at petty sessions, or the divisional justices, as the case may be, had omitted to cause to be entered in their order book the grounds of such refusal, or in case the order of refusal shall be in any other respect erroneous or informal, the justices at quarter sessions, or the recorder, as the case may be, shall hear and determine the matter of such appeal, notwithstanding such omission, error, or informality.
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If order of refusal is reversed, Excise officer to renew the licence.
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2. In case upon the hearing of any appeal from the refusal of a certificate of the justices at petty sessions, or the divisional justices, as the case may be, the justices at quarter sessions, or the recorder, as the case may be, shall reverse the said order, then and in such cases the justices at quarter sessions, or the recorder, as the case may be, shall declare the appellant entitled to obtain a renewal of his licence; and thereupon the proper officer of Excise in Ireland shall grant to the appellant a renewal of his licence, without requiring any certificate from two or more justices of the peace, or from a divisional justice, as the case may be, on the production to such officer of Excise of a certificate from the clerk of the peace (for which certificate the clerk of the peace may charge a sum of two shillings and sixpence), certifying that the order of refusal had been reversed, and that the court had declared the appellant entitled to a renewal of his licence.
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Schedule A.
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Sect. 2.
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Form of Certificate.
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Quarter Sessions, District of .
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County of .
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A.B., Appellant.
CD., Respondent.
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}
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I certify that on the hearing of the appeal in this case from an order made by the justices of the petty sessions district [or A.B., divisional justice,] on the
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day of last, refusing to grant to the appellant a certificate to entitle him to obtain a renewal of a licence to sell beer, cider, or spirituous liquors, it was ordered by the court that the said order of refusal be reversed, and the said appellant was declared entitled to obtain a renewal of his licence.
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Dated this day of .
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Clerk of the peace.
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