Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN HEHORY OF JUDGE DOUGLASS BOARDMAN FIRST DEAN OF THE SCHOOL By his Wife and Daughter A. M. BOARDMAN and ELLEN D. WILLIAMS KD 3725 C G2l" ***-* library Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924021841618 THE LAW OF THEATRES AND MUSIC-HALLS. THE LAW THEATRES AND MUSIC-HALLS CONTRACTS AND PRECEDENTS OE CONTRACTS. W. N. M _GEARY, G. y ^ OF CHRIST CHURCH, OXFORD, AND OF THE INNER. TEMPLE, BARRISTEfc-ATMLATir. J.P. FOR THE COUNTY OF KENT. HISTORICAL INTRODUCTION By JAMES WILLIAMS, B.C.L., M.A., OF LINCOLN COLLEGE, OXFORD, AND OF LINCOLN'S TNN, BARRISTER-AT-LAW. K[ Zxrjvri iris o Qtos xa» iraiyviov ri /a*9e -raj'^Eiv, Ttiv trirovlriv /AiraSitS, v tp'spt tols oSiivaf. Palladas. LONDON : STEVENS AND SONS, 119, CHANCERY LANE, gsrfc fgijHiis&m attir %tso\m\hn, 1885 LONDON : 0. P. BOWOBTH, PBINTEE, GBEAT NEW STBEET, FETTEB LANE, E.O. The Right Bmoueable EORD BRAMWELL IB BY HIS LORDSHIP'S PERMISSION RBSPECTFULL Y DEDICA TED. PREFACE. This is an attempt to throw together, for the use of laymen as well as of the profession, the law governing the most usual kinds of public amuse- ment in London _and the Provinces. As far as I am aware, there is no work dealing with the subject in a separate form. I had at first pro- posed to include a Chapter on Copyright, but that branch of the subject has been so amply treated in works specially devoted to Copyright, that I felt that in dealing with such a matter I should only be going over ground which had been more worthily occupied before me. I wish to take this opportunity of thanking Mr. James Williams, of the Northern Circuit, for much trouble bestowed upon other parts of the Work besides the Intro- duction, for which he alone is responsible. In addition, I must acknowledge my obligations to Mr. E. F. S. Pigott, the Examiner of Stage Plays, to Mr. Wilson Barrett and Mr. Augustus Moore, and to the Town Clerks and Clerks to the Justices of numerous towns in Great Britain, for the courtesy and - assistance which I have VI PREFACE. received from them. Where the name of a town of importance does not occur 1 in the Appendix, it is to be presumed either that there are no local regulations or that no information has been received. Any suggestions, whether from mem- bers of the profession or others, will be welcomed in view of a second Edition. W. N. M. G. 2, Pump Cotjbt, Temple, 25th March, 1885. TABLE OF CONTENTS. PAGE Table of Cases ix INTEODUCTION . CHAPTEE I. The Theatre, sect. 1. Building 15 2. Performance ........ 16 3. Stage Play 18 4. Licensing of Stage Play ...... 23 5. Licensing of Theatres 25 6. Appeal from Justices 33 7. Penalties 34 8. Structure 38 9. Police ... 42 CHAPTEE II. The Music-Hall. 1. "What is a Music-Hall 47 2. Licensing 52 3. Penalties 56 Vlll TABLE OF CONTENTS. CHAPTER III. CONTRACTS. SECT. PAGE 1. Concerning the Building 59 2. Between Manager and Performer . . . .78 Precedents 119 CHAPTER IV. Torts and Cbimes . . . 125 APPENDIX 139 INDEX . . . .".'.'.'. . .213 TABLE OF CASES. Are — Due. Ahcher v. Willingrice, 4 Esp. 186 .... Ashley v. Harrison, 1 Esp. 48; Peake, 194 . Bahtlett v. Vinor, Garth. 252 Beatty v. Mellillo, 10 0. B. 282; 1 L. M. & P. 571 ; 19 L. J. N. S. 0. P. 362 Bellis v. Beal, 2 Esp. 592 Bellis v. Burghall, 2 Esp. 7?2 Benwell, Ex parte, 14 Q..B. D, 301 . Bettini v. Gye, 1 Q. B. D. 183; 45 L. J. N. S. Q. B. 209 34 L. T. 246; 24 W. E. 551 Blake v. Layon, 6 T. E. 221 Bowen v. HaU, 6 Q. B. D. 333 Brown v. Nugent, L. E. 6 Q. B. 693 ; 7 Q,. B. 588 ; 4 L. J. M. 0. 166 ; 26 L. T. 880 ; 20 W. E. 989 Clark v. Bishop, 25 L. T. N. S. 908 . Clarke v. Bradlaugh, 7 Q. B. D. 38 ; 8 App. Gas. 354 . Clarke v. Searle, 1 Esp. 25 Clifford v. Brandon, 2 Camp. 358 .... Coleman v. Poster, 1 H. & N. 37 Crepps v. Durden, 1 Sm. L. C. 8th ed. 711 Croft v. Lumley, 5 El. & Bl. 648 ; 6 H. L. Cas. 672 ; 2. L. J. a B. 223 ; 27 L. J. Q. B. 321 ; 2 Jur. N. S. 279 4 Jur. N. S. 903 Datjnet v. Chatterton, 44 L. J. C. P. 53 ; 45 L. J. C. P 293; 31 L. T. 514; 33 L. T. 628 .... Davys v. Douglas, 4 H. & N. 180 ; 28 L. J. N. S. M. C 193 Day v. Simpson, 18 0. B. N. S. 680 ; 34 L. J. M. 0. 149 : 11 Jur. N. S. 487 ; 12 L. T. N. S. 386; 13 W. E. 748 De Begnis v. Armistead, 10 Bing. 107 ; 3 Mo. & Sc. 511 Duck v. Bates, 12 Q. B. D. 79 ; 13 Q. B. D. 843 . T, ^ PAGE 48 125, 129 82 117 48 47 119 86 130 131 53, 56 20 36, Add. 49n.(/) 132 69 33 n. (i) 59 73 15,17 22 81 18 X TABLE OF CASES. Ell — Kim. page Ellison, Ex parte, 8 L. T. N. S. 407 117 Ellwood v. Bullock, 6 Q. B. 383 33 n. Ewing v. Osbaldiston, 2 My. & Cr. 53 . . . . 11,62,64 Fechteb v. Montgomery, 33 Beav. 22 ... 102, 110 Flight v. Glossop, 2 Bing. N. C. 125 ; 2 Scott, 220 ; 1 Hodges, 263 68 Fores v. 'Wilson, 1 Peake, 55 127 Frailingu. Messenger, 16 L. T. N. S. 332, 49 1 . . . 49 n. (g) Prazer v. Bunn, 8 0. & P. 704 115 Fredericks v. Howie, 1 H. & 0. 381 ; 31 L. J. M. 0. 249 . 15, 45 ■ Fredericks v. Payne, 1 II. & 0. 58 1 ; 32 L. J. M. 0. 14 ; 8 Jur. N. S. 1109 16, 17, 35 Gallini v. Laborie, 5 T. E. 242 . . . . 26, 55, 79 Garrett v. Messenger, L. E. 2 C. P. 583 ; 36 L. J. C. P. 337 ; 16 L. T. 414 ; 15 W. E. 164 . Graddon v. Price, 2 C. & P. 610 Grant v. Maddox, 15 M. & "W. 737 ; 16 L. J. N. S. Ex. 227 Graves ivLegg, 9 Ex. 716 Green v. Botheroyd, 3 C. & P. 471 . . . 49 Gregory v. Duke of Brunswick, 6 M. & G. 205 ; 1 D. & L 518; 6 Scott, N. E. 809; 1 0. &K. 24 . Gregory v. Tuffs, 6 0. & P. 271 . . 56 111 109, 116 89 n. (g), 56 136 50 Guaglieni v. Mathews, 34 L. J. M. 0. 116 48 n. (6), 49 n. (/), 50 Hall v. Green, 9 Ex. 247 48 n. (c) Harley v. Henderson, The Times, Feb. 18, 19, 1884 . . 114 Helling v. Lumley, 28 L. J. Oh. 249 ; 4 Jur. N. S. 868 ; 5 Jur. N. S. 301 69 Hewitt v. Isham, 7 Ex. 77 72 n. (o) Hoffman v. Bond, 32 L. T. N. S. 775 . . . . 54, 55 Inohbald v. Eobinson, L. E. 4 Ch. 388 ; 20 L. T. N. S. 259; 17 W. E. 459 38,57 Jackson v. Union Marine Insurance Co., L. E. 10 0. P. 141 95 Jelfs v. Ballard, 1 B. & P. 468 52 Kemble v. Kean, 6 Sim. 333 101 Kimberley v. Jenning, 6 Sim. 340 101 TABLE OF CASES. XI Lac — E. Lacy v. Osbaldiston, 8 C. & P. 80 Langton v. Hughes, 1 M. & S. 596 .... Lea v. Simpson, 4 Dowl. & L. 666 ; 11 Jur. 127 . Leader v. Moody, 20 Eq. 145 ; 23 W. B. 606 . Leary v. Patrick, 15 Q. B. 266; 19 L. J. M. 0. 211 . Levy v. Tates, 3 N. & P. 249 ; "W. W. &H. 219 ; 8 A. & E. 129 Lewis v. Arnold, 4 C. & P. 354 Lumley v. Gye, 2 Ell. & Bl. 216; 22 L. J. Q. B. 463; 17 Jur. 827 126, 127, 128 Lumley r. Wagner, 5 De G. & S. 485; 1 De G. M. & G. 604 97, 128 Lyon v. Knowles, 3 B. & S. 556; 5 B. & 8. 751 ; 32 L. J, ft. B. 71 ; 9 Jur. N. S. 774; 7 L. T. N. S. 670 ; 10 L. T. N. S. 876; 11 "W. E. 266; 12 W. E. 1083 . PAGE 113 83 19, 105 75 35 64 131 Maione v. Harris,- 11 Ir. Ch. E. 33 Mapleson v. Bentham, 20 W. E. 176 ... Marks v. Benjamin, 5 M. & W. 565 .... Marsh v. Conquest, 17 C. B. N. S. 418 ; 33 L. J. 0. P. 319 10 Jur. N. S. 989; 10 L. T. N. S. 717; 12 W. E. 1006 Mitohel v. Oookburne, 2 H. Bl. 379 . Montagues. Flockton, 16 Eq. 189; 42 L. J. Ch. 677; 28 L. T. 580; 21 "W. E. 668 . .... Morris v. Colman, 18 Ves. 437 Morris v. Paton, 1 C. & P. 189 Paesons v. Chapman, 5 C. & P. 33 Poussard v. Spiers, 1 Q. B. D. 410 ; L. T. 580; 21 "W. E. 668 . 42 L. J. Ch. 677 ; 28 E. v. Curll, 2 Str. 790 . . . ... E. v. Delaval, 1 W. Bl. 410, 438 . E. v. Glossop, 4 B. & A. 616 E. v. Handy, 6 T. E.,286 E. v. Horndon-on-the-HiU, 4 M. & Sehr. 56? . E. v. Moore, 3 B. & Ad. 184 E. v. Neville, IB. & Ad. 489 E. v. St. Martin' s-in-the-Pields, 3 Q. B. 204 ; 11 L. J. M. 112 . . . . E. v. Saunders, 1 Q. B. D. 15 E. v. Strugnell, L. E. 1 Q. B. 93 ; 35 L. J. M. C. 78 E. *. Tucker, 2 Q. B. D. 417 ; 46 L. J. M. 0. 197 ; 36 L T 478 ; 25 W. E. 697 E. ■«. Turner, 5 M. & S. 206 35 n. (I) 71 106 49 35 n, (I) 82 107 97, 101 110 34 90 45 138 35 19 66 57 11 78 138 25, 26 50 52 Xll TABLE OF CASES. Rob— Wood. Eobertson v. Thome, 47 J. P. 566 . Robinson v. Davison, L. B. 6 Ex. 269 Rodwell v. Eedge, 1 0. & P. 220 PAGE . 40 n. («) 84, 85, 86 80 Russell v. Briant, 8 0. B. 836; 19 L. J. C. P. 33; 14 Jur 201 Eussell v. Smith, 12 Q. B. 217; 17 L. J. Q. B. 225; 12 Jur, 723 ; 15 Sim. 181 Scott v. Howard, 6 App. Oas. 295 .... Shelley v. Bethel, 12 Q. B. D. 11 Shutt v, Lewis, 5 Esp. 128 48 Spencer's case, 5 Eep. 16b Spieres v. Parker, 1 T. E. 144 Taplin v. Florence, 10 0. B. 744 ... . Tarleton v. MacGawley, 1 Esp. 386 ; 1 Peake, N. V. 207 ' Tarling v. Fredericks, 28 L. T. N. S. 814 ; 21 W. E. 784 Taylor v. Caldwell, 3 B. & S. 826; 32 L. J. Q. B. 164 8L. T. N. S. 356; 11 W. E. 726 . . Taylor v. Neri, 1 Esp. 386 Taylor v. Waters, 7 Taunt. 374; 2 Marsh. 551 . Thorne v. Colson, 3 L. T. N. S. 697 . Walkee v. Brewster, L. R. 5 Eq. 25 Wall v. Taylor, 9 Q. B. D. 727 ; 11 Q. B. D. 102 . Webster v. Dillon, 3 Jur. N. S. 432 . Weldon v. Riviere, The Times, Dec. 13, 1884 Wigan v. Strange, L. R. 1 0. P. 175 . . . Wilson «. Stewart, 3 B. & S. 913; 32 L. J. M. C. 8 L. T. N. S. 277 Wood v. Leadbitter, 13 M. & W. 538 198 35 n. (I) 19, 20 77 16, 37 . (d), 51 69 52 73 126, 130 16 61 126, 130 66, 67, 72 20 57 20 101, 110 68 22, 23 43 66 ADDENDUM. Page 32, note («) . It is worthy of remark, as an additional argument, that 28 Geo. III. o. 30, repealed by 6 & 7 Viet. o. 68, provides, that it shall he lawful for -the justices, at their discretion, to grant a licence for occasional performances. In Clarke v. Bradlaugh, 8 App. Cas. at p. 368, Lord Selborne, L. C, said, with reference to the interpretation of a new statute by the aid of a statute in pari vnateriA repealed by it, " the legis- lature must, I think, be taken to have had under its eyes the provisions and terms of the former statutes, and to have de- liberately departed from them." THE LAW OP THEATEES AND MUSIC-HALLS. INTBODTTCTION. The earliest forms of drama were in England, as in other countries, wholly religious. The first mention of the drama in its religious period is an allusion by Fitzstephen in his life of Beeket, written about 1180 (a). Miracle plays were acted at first by the clergy themselves, or by persons under their immediate control, such as the parish clerks of Clerken- well. The existing miracle plays belong to a later period. It does not appear that they were directly acted by ecclesias- tical persons, unless in exceptional cases, such -as those men- tioned by Dean Colet (b), though no doubt the authority of the Church was necessary for the performance. The miracle plays were usually acted on Corpus Christi Day, and in a church (e), even when the clergy had given place to the great (a) Lundoniapro spectaculis theatralibus, pro ludis scenicis ludos habet ■ sanctiores, &o. (b) See p. 3. (c) The use of churches for such purposes is illustrated by a mediaeval French ordinance, Statuimus ne chorece fiant in ecclesiis — quod facientes aut cantilenas cantantes in iisdem excommunicamus, Statuta Synodalia Ecclesice Trecorensia, 1320 (Treguier in Brittany). A relic of dramatic representation in churches seems still to linger in the Easter service at Seville Cathedral : possibly in other places. T. B 2 THE LAW OF THEATRES AND MUSIC-HALLS. trading guilds as managers of the spectacle. The morals or moral plays (d) were a later development in a secular direc- tion, and the " Vice " of the moral play, three times alluded to by Shakespeare (e), is an important link of connection between the ancient and modern drama. The discontinuance of religious, or quasi-religious, drama is almost coincident with the rise of the secular drama. The interludes (/) of John Heywood marked the transition. While the religious drama was dying out, the theatre was used as a vehicle for enforcing particular religious or political views, not always as orthodox as those of a miracle play. Thus the Act of 34 & 35 Hen. VIII. c. 1, made it criminal to play in an interlude contrary to the orthodox faith declared, or to be declared, by that monarch. Profanity in theatres seems to have been a crying evil of the time. The earliest act of the government of Edward VI. was to pass a statute reciting that the most holy and blessed Sacrament was named in plays by such vile and unseemly words as Christian ears did abhor to hear rehearsed, and inflicting fine and imprisonment upon any person advisedly contemning, despising or reviling the said most blessed Sacrament (g). A proclamation of the same king in 1549 forbade the acting of interludes in English, on account of their dealing with sacred subjects. In 1556 the Council called attention to certain lewd persons in the livery of Sir E. Leke representing plays and interludes reflecting upon the Queen and her consort and the formalities of the mass (A). By the Act of Uniformity of 1558, it was made (d) The words "mystery" and "morality" seem not to have been used in England. («) In Twelfth Night, Hamlet and Henry IV. (Part 2). (/) The word "interlude" is interesting as denoting an early development of the drama, the name of which was preserved in legis- lation after the thing itself had disappeared. (<7) 1 Edw. VI. c. 1, s. 1. (A) Strype, Ecclesiastical Memorials, vol. iii., App. 185. INTRODUCTION. <3 an offence punishable by a fine of a hundred marks to speak anything in' the derogation, depraving, or despising of the Book of Common Prayer in any interludes or plays («). In 1605 " An Act to restrain the Abuses of Players " made it an offence punishable by a fine of ten pounds to jestingly or profanely speak or use certain sacred names in any stage play, interlude, show, May- game, or pageant (k). The first statute passed in the reign of Charles I. forbade interludes or common plays on the Lord's Day under a penalty of three shillings and fourpence (/). In consequence of the appear- ance of players in the characters of the King of Spain and Gondomar, an ordinance of James I. forbade the representa- tion on the stage of any living Christian king. The last hold of the Church upon the drama is marked by a sermon of Dean Colet's in 1511, directed against the acting of plays by the clergy, and in the claim of the General Assembly in Scotland to license plays (m). The licensing of plays soon passed from the Church, like the licensing of the press, to become a part of the prerogative of the Crown, and through the Crown the franchise of the great nobles. The drama, however, never became a State institution, as in Germany. The king and others maintained companies of their own under various names. The first king who main- tained a company of players was Richard III. Most of Shakespeare's plays were acted by " the King's servants " or " the Lord Chamberlain's servants." " Eomeo and Juliet " was acted by "the Lord Hunsdon's servants," Massinger's " Virgin Martyr " by the " the servants of His Majesty's Bevels," Jonson's " Cynthia's Eevels " by " the children of the Queen's Chapel," Lilly's " Campaspe " by " Her (i) 1 Eliz. c. 2, s. 9. \h) 3 Jac. I. c. 21. (Z) ICar. I. o.l. (m) See p. 12. b2 4 THE LAW OF THEATRES AND MUSIC-HALLS. Majesty's children " and " the children of Paul's." Licences to temporary theatres seem to have been granted as early as the reign of Henry VIII. There was no permanent theatre until about 1570 (n), before that time plays were acted on scaffolds in the streets or in the yards of inns. The earliest permanent theatre was " The Theatre " in Shoreditch. The earliest patent was that under which the Blackfriars Theatre was erected in 1576. It was granted by Queen Elizabeth in 1574 to Burbage and others, " servants of the Earl of Leicester," empowering them to " use, exercise and occupy the art and faculty of playing comedies, tragedies, interludes, stage-plays, and other such like," allowed by the Master of the Revels. The authority of this officer is traced as far back as 1545, and he seems to have exercised it till 1624, when he was superseded by his official superior, the Lord Chamberlain. The right of the Lord Chamberlain was not acknowledged by statute until 1737 (o). In some cases the supervision was delegated, as to Daniel the poet in a warrant of 1603 — 4. Enrolment in a fixed company, or a patent or licence from the Crown or justices, was necessary for the personal safety of the actors ; for now that the protection of the Church was withdrawn, players of any other kind were liable to the severe penalties denounced by the Act of 1572 for the punishment of vagabonds (p). It was enacted by that Act, that "all fencers, bearwards, common players in interludes, and minstrels (not belonging to any baron of this realm, or to any other honourable personage of greater degree) " wandering abroad without the licence of two justices at the least, were subject " to be grievously whipped and burned through the gristle of the right ear with a hot (n) It should be noticed that in this as in some of the other dates in this Introduction the authorities are not quite consistent, (o) 10 Geo. II. o. 28. {p ) 14 Eliz. c. 5. INTRODUCTION. iron of the compass of an inch ahout." This statute was superseded by 39 Eliz. o. 4, under which the punishment of the strolling player is not so severe, and there is no mention of a licence by justices. The jurisdiction of justices over the theatre does not appear again in legislation until 1788 (q). In the 39 Eliz. c. 4, there is a remarkable exception in favour of persons licensed by Dtutton of Dutton in Cheshire, in accordance with his claim to liberty and jurisdiction in Cheshire and Chester established by proceedings in quo warranto in the reign of Henry YII. The stricter wording of this Act as to the licence seems to show that the licence had been abused, perhaps that in' some cases privileges had been assumed without authority. In 14 Eliz. the privileges of a player attached by service of a noble or licence from justices, in the later Act only by service of a noble, and this was to be attested under his hand and arms. The spirit of the Acts of Elizabeth frequently appears in later Acts, and occurs as lately as the Vagrant Act of 1744 (r), which was law till 1821. It does not appear in the Vagrant Act of 1824 (s). The Theatre Act of 1737 (t) narrowed the defi- nition of a player of interludes for the purposes of punish- ment as a vagabond to mean a person acting interludes, &c, in a place where such person had no legal settlement.. An alternative penalty of 50/. was also imposed by the Act; payment of the penalty exempted the person paying it from being proceeded against as a vagabond. It is worthy of notice that the players were regarded in the Elizabethan age as transferable ; thus John Heywood, a ( 2 ) 28 Geo. in. c. 30. (r) 17 Geo. U. c. 5. The social sanction was apparently as strong as the legal, if one may judge from the lines, " The strolling tribe, a despicable race, Lite wandering Arabs, shift from place to place." (s) 5 Geo. IV. c. 83. (*) 10 Geo. II. c. 28. 6 THE LAW OF THEATRES AND MUSIC-HALLS. servant of the Earl of Worcester, was bestowed upon the Queen at the accession of James I. In addition to the penalties incurred by players, any theatre, whether properly licensed or not, might be pro- ceeded against at common law as a nuisance. A playhouse was not a nuisance in itself, but became so if it disturbed the neighbourhood or admitted improper performances. In such a case the players, though they played by proper authority, and so were not subject to be treated as vagabonds, might be indicted for an unlawful assembly (w). A petition against the Blackfriars Theatre as a nuisance was presented by the inhabitants to the Privy Council in 1596, but not granted. In 1700 the Grand Jury of Middlesex presented the two playhouses and also the bear-garden as riotous and disorderly nuisances. So far notice has been taken only of the professional player. There were at the same time certain persons and places regarded as privileged. A licence was not needed by members of the Royal or of the great noble families and their servants acting plays in their own houses. Thus a mask was acted at Whitehall in 1632, in which Queen Henrietta Maria herself appeared. It was this mask that called forth the ponderous " Histriomastix " of unfortunate John Prynne. In 1634 " Oomus " was represented for the first time at Ludlow Castle before the Earl of Bridgwater. The Universities and Inns of Court were considered as privi- leged places. " Ferrex and Porrex " was acted in 1561 by members of the Inner Temple; the first representation of (u) Examples of such proceedings will be found in 1 Boll. 109 ; 1 Vent. 169 ; .1 Mod. 96 ; 5 Mod. 142. The cases in Vent, and 1 Mod. are cases of rope-dancing, and are good illustrations of the debased taste of the theatrical public Wo centuries ago. In the case in 5 Mod. Betterton's theatre in Lincoln's Inn Fields, though duly licensed, was held to be a nuisance. INTRODUCTION. 7 " Gordobuo " took place at the Inner Temple in 1562, and of "Twelfth Night" at the Middle Temple in 1601. " Gammer Gurton's Needle," the production of a bishop's pen, was acted at Cambridge in 1575. Acting at a private house, other than one of the privileged places, or even at such a place if the subject of the drama was distasteful to the authorities, brought with it serious consequences. Thus when Sir Thomas Pope gave a mask in honour of the Princess Elizabeth at Hatfield, Queen Mary forbade its recurrence, for she " misliked these follies." In 1614 a fine was imposed by the Star Chamber on Sir John Yorke for representing a Catholic drama in his house. The secular drama had from the beginning to contend with a powerful foe in the Puritan party. In 1580 the, Puritan influence led to the forbidding of all theatres in the City of London. Of the then existing theatres, the Theatre and the Curtain in Shoreditch, and the Globe, were all without the bounds of the city, and the Blackfriars was in a liberty. In 1600 appeared an Order in Council limiting the number of playhouses about London to two, one in Middlesex and one in Surrey (x). But this does not seem to have been very strictly carried out. The Puritan opposition culminated in Ordinances of the Long Parliament in 1642 and 1647, the first temporarily, the second permanently, suppressing stage- ' plays. In 1648 it was made criminal even to be present as a spectator at a play. At the same time performances took place during the Commonwealth at private houses (especially at Holland House), and entertainments not wholly dramatic were allowed. Davenant's opera " The Siege of Ehodes " was produced in 1657. The Eestoration introduced a different policy. In 1662 (a;) This is probably what is alluded to in Hamlet, act ii. so. 2 : think their inhibition comes by reason of the late innovation." 8 THE LAW OF THEATRES AND MUSIC-HALLS. patents were granted by Charles II. to two companies, " the King's servants " under Killigrew, and " the Duke of York's servants " under Davenant. It is remarkable that each patent prohibits the acting of parts offensive to piety and good manners. Clodius accuset mcechos, Catilvna Cethegum ! In 1682 the King's servants and the Duke of York's servants combined, and played under a double patent, now represented by Drury Lane. Drury Lane, however, was closed by the Lord Chamberlain in 1709, its patent revoked in 1719, and it was afterwards only licensed. A third patent was granted to the theatre in Lincoln's Inn Fields in 1714, now repre- sented by Covent Garden, first opened in 1732. A fourth patent was refused after the burning of Drury Lane in 1809. The Theatre Royal, Haymarket, had no patent, but only a licence. It was opened by Sir John Vanbrugh in 1705, under the Lincoln's Inn Fields' licence. In 1708 the Lord Chamberlain asserted his authority by uniting the Haymarket and Drury Lane companies. In 1733 the Haymarket com- pany called themselves "the Comedians of His Majesty's Revels." It appears from what has been said that there was at the time of the passing of the Act of 1843 only one patent theatre — Covent Garden — and only one company strictly entitled to the designation of " Her Majesty's ser- vants " (y), although Drury Lane was popularly regarded as a patent theatre. There was nothing in the patents of Charles II. to prevent the Lord Chamberlain granting a licence for the performance of regular drama in the City of Westminster ; but, as a matter of fact, this was never done, except to Drury Lane, no doubt because it had been originally a patent theatre. For all practical purposes it remained a patent theatre. The Musio Hall Act of 1752 (z) speoially (y) Baddeley, who died in 1794, is said to have been the last actor •who wore Court uniform as one of " His Majesty's servants." (z) 25 Geo. II. c. 36. INTRODUCTION. » exempts from the operation of the Act " the Theatres Royal in Drury Lane and Oovent Garden, and the King's Theatre in the Haymarket." In 1737 there were six theatres in London. That in Goodman's Fields was the earliest of the non-privileged theatres. In consequence of the increase in the number of theatres, the Act of 1737 (a) was introduced and carried by Sir Robert Walpole. The immediate cause of this legislation is said to have been the production of a political extravaganza of Fielding's, " The Golden Bump." The title of the Act is remarkable as illustrating the English tendency to indirect legislation. It is " An Act to repeal so much of an Act made in the Twelfth Tear of the Reign of Queen Anne, entitled An Act for reducing the Laws relating to Rogues, Vagabonds, Sturdy Beggars, and Vagrants into one Act, 8fc. as relates to Common Players of Interludes." The effect of the Act was to make it impossible to establish any theatre except in the City of Westminster, and in places where the King should in person reside, and during his residence only. In spite of this provision, the regular drama was performed at Richmond, Windsor, and Brighton, when the King was not in residence. The Act did not confine the prerogative within the City of Westminster ; but, as a matter of policy, it was not exercised in favour of the non-privileged theatres, except those where the " legitimate drama " was not per- formed. The legitimate drama was thus confined to Covent Garden, Drury Lane, and the Haymarket for more than a century (1735—1843). In 1832 there were five theatres licensed by the Lord Chamberlain for the performance of Italian and English opera, ballets d' action, music, dancing, burlettas, spectacle, pantomime, and horsemanship (b) . In (a) 10 Geo. II. c. 28. (6) These -words are taken from tie licences to these theatres, 'which are set out in the Appendix to the Keport of the Select Committee on Dramatic Literature (1832). 10 THE LAW OF THEATRES AND MUSIC-HALLS. the case of Drury Lane, no doubt because it filled the place of one of the patent theatres, the licence was for twenty-one years ; in the other cases; and in the case of the theatres at Richmond, Windsor,' and Brighton, the licence was for one year. Oovent Garden was protected by its patent, and needed no licence. In the provinces patent theatres were established at Bath by 8 Geo. III. c. 10, at Liverpool by 11 Geo. III. c. 16 (c), at Bristol by 18 Geo. III. c. 8. ■ Each of these Acts repealed pro tanto the Act of 1737. Besides limiting the number of theatres, the Act of 1737 increased the powers of the Lord Chamberlain. Before the Act he could prohibit the continuance of an existing play, but could not exercise a preventive censorship and forbid its appearance at all. The Act gave him authority to do so, and, for the first time, enforced the sending of plays for examination before appearance. The acting of plays at the Universities was forbidden by an enactment of the same year (d). The restrictions upon the drama were found very inconvenient in the large towns, especially in those which did not possess patent theatres. To remedy this an Act was passed in 1788 (e), under which licences for occasional performances might be granted in general or quarter sessions for a period of not more than sixty days. The rights of patent theatres were preserved by the prohibition to grant such a licence to any theatre within eight miles of a patent theatre. In the period between 1737 and 1843 there were several Acts passed dealing with Covent Garden and Drury Lane, and regulating the rights of parties, the application of charitable funds, (c) The Liverpool patent is set out in the Appendix; to the Eeport of 1832. (d) 10 Geo. II. o. 19. It is not a little remarkable that the Univer- sities, once possessing unusual dramatic privileges, should not only- have lost those privileges, but become subject to special disabilities. (e) 28 Geo. III. c. 30. INTKOJJUUT10W. ±i &c. (/). In the same period there were several decisions of the Courts which practically went to confirm the operation of the Act of 1737 as creating a monopoly (g). The results of theatrical monopoly were heneficial neither to the public nor to the monopolists themselves. In 1832 a Select Committee of the House of Commons was appointed to report upon the condition of dramatic literature. Their report recommended the legal recognition of stage-right and the abolition of theatrical monopoly, It is curious to notice in the evidence as annexed to the Report of the Committee something of the old Puritan hostility to the theatre. Some of the witnesses regarded as one of the causes of the diminished profits of theatres in the years immediately preceding 1832 the spread of "evangelical principles." The recommenda- tions of the report as to stage-right were carried out imme- diately by Bulwer Lytton's Act (A). But it was not till 1843- that the present Theatre Act (i) was passed, a previous Bill upon the same lines having been rejected by the House of Lords. The Act of 1843 inaugurated a more liberal policy, and there is now complete " free trade " in theatres, subject to the conditions imposed by the Act. The conve- nience of the public was further considered by the clause enacting that a licence might be granted at a special session, so that application for a licence to hold an occasional perform- ance can now be made at any time on twenty-one days' notice. Under the Act of 1788 such a licence could only have been granted at general or quarter sessions. The jurisdiction of (/) See 16 Geo. III. cc. 13, 31 ; 50 Geo. III. c. ccxiv; 52 Geo. III. o. xix ; 1 Geo. IV. o. lx. (g) See B. v.. Neville, IB. & Ad. 489; Levy v. Totes, 8 A. & E. 129; Ewing v. Osbaldiaton, 2 My. & Or. 53 (where it was held that an agree- ment for a partnership violating the provisions of the Act of 1737 could not be enforced in Chancery). (h) 3 & 4 Will. IV. c. 15. (0 6 & 7 Vict. c. 68. 12 THE LAW OF THEATRES AND MUSIC-HALLS. the Lord Chamberlain is not affected by the Act of 1843. Jurisdiction is for the first time conferred on justices to license buildings for regular as distinguished from occasional performances. Their jurisdiction practically extends to all places in which dramas could not have been represented before the passing of the Act. This is not the place to dwell upon the social effects of more liberal theatrical legislation. But it must at least be conceded that no injury to public morality has been the result ; much of the reproach levelled at the stage by Prynne and Collier, and appearing in the Report of 1832, however just it might have been in another state of society, would now be pointless. Music was at no time the object of such severe restrictions as those imposed upon the drama. Wandering musicians, however, were liable to be treated as rogues and vagabonds under the Yagrant Act of 1744 as well as under previous Acts. The present Music Hall Act was passed in 1752 (k), probably in consequence of the publication, in . 1750, of Fielding's " Inquiry into the Causes of the late Increase of Robbers." The full title of the Act is " An Act for the better preventing Thefts and Robberies, and for regulating Places of Publick Entertainment, and punishing Persons keeping Disorderly Houses." It is remarkable that two works of the same writer should from opposite causes have led to both theatre and music-hall legislation of lasting importance. In Scotland the theatre has always exercised less influence than in England. But the history of the theatre in the two countries proceeds on very much the same lines. In 1574 the General Assembly claimed to license players, and for- bade exhibitions on Sunday. As in England, the licensing then seems to have passed from the Churoh to the Crown, for in 1599 James VI. licensed a company at Edinburgh. (As) 25 Geo. II. c. 36. INTRODUCTION. 13 The Bestoration gave the theatre in Scotland a liberty ■which it had not enjoyed before. By the Act 1672, c. 21, comedians (/) while upon the stage were exempt from the sumptuary provisions of the Act respecting apparel. No permanent theatre existed in Scotland till the erection of the Canongate Theatre at Edinburgh in 1746. The Chamberlain of Scotland (an official long extinct) appears to have exer- cised a certain police jurisdiction over theatres. The Theatre Acts of 1737 and 1843 included Scotland, the Music Hall Act was confined to England. Ireland was never regarded as falling within the Lord Chamberlain's jurisdiction. Theatrical legislation, so far as it went, was based upon English models. Thus ridicule of the liturgy was forbidden by 2 Eliz. c. 2 (Ir.) ; common players of interludes and wandering minstrels were deemed vagabonds, 10 & 11 Car. I. c. 4 (Ir.) The drama in Dublin was regulated by special legislation, 26 Geo. III. c. 57 (Ir.). No play could be exhibited in Dublin without a patent from the Crown. The existing Theatre and Music Hall Acts do not apply to Ireland. In the United States public entertainments, dramatic and otherwise, are usually under the control of the municipal authorities. There is no Act of Congress upon the subject. In some States, such as New York and Massachusetts, there is State legislation, requiring places of public entertainment to be licensed by the proper authority. It is in many States a condition of the licence that intoxicating liquors shall not be sold in such places. (The authorities upon which this chapter is mainly founded are Collier, History of English Dramatic Poetry and Annals (I) It is remarkable that in this Act and in Scotch law books the term " comedian " is generally the only one found. Yet the success of " Douglas " proves that tragedies were appreciated as well as comedies. 14 THE LAW OF THEATRES AND MUSIC-HALLS. of the Stage; Doran, Their Majesties' Servants; Grenest, History of the Stage ; Gifford, Introduction to Ben Jonson's "Works ; Halliwell, Life of Shakespeare ; Hawkins, Origin of the English Drama; Penny Cyclopaedia, Drama, Theatre; Encyclopsedia Britannica, Drama; Report of the Select Committee on Dramatic Literature, 1832). J. W. 1, New Sotabe, Lincoln's Inn, March, 1885. -" ( is ; CHAPTEE I. THE THEATRE. The law by which theatres are governed is mainly statutory. The present Act in force is 6 & 7 Yict. c. 68, which applies to Great Britain. For the purposes of this Act, a theatre is a building into which the public is admitted on payment as spectators of a stage-play. § 1. — Building. It must be a building of a permanent character (a) ; a booth theatre, called Douglas' Theatre, which was taken to pieces and carried from place to place, was held not to be such a house of public entertainment as to be capable of being licensed (b). A portable or temporary booth, consisting of two caravans or waggons drawn from place to place, but containing the ordinary arrangements of a theatre, and accommodation for about 300 persons, is neither a theatre under 6 & 7 Yict. c. 68, s. 2, nor a tenement within 2 & 3 Yict. c. 47, s. 46 (c). It must not,. however, be assumed that persons acting in such booths are not punishable : for this very same Fredericks, who owned the caravans above referred to, was a few months (a) In the Metropolis a temporary erection of wood or corrugated iron would not be licensed, as it would not conform to the necessary structural conditions. See p. 39. (Z>) Davys v. Douglas, 4 H. & N. 180. (c) Fredericks v. Howie, 1 H. & 0. 381. 16 THE LAW OF THEATRES AND MUSIC-HALLS. later fined under sect. 11 of 6 & 7 Vict. c. 68 (d). In fact, it appears that all performances of stage-plays in a temporary theatre, except at a fair, are against the statute, and all taking part in such performances are liable to come under the penalty of 101. imposed by sect. 11. So if a person acts in an open field he will be liable, except when licensed at a lawful fair. Even if the theatre is only opened occasionally, it will come within the pro- hibition of the statute. The owner of a private theatre adjacent to his own dwelling- house, who lent it gratuitously to persons who gave three performances for which money was received, was held liable for having or keeping a theatre (e). § 2. — Performance. It is the performance only that need be for hire to bring it within the statute. Sect. 16 of 6 & 7 Yict. c. 68, declares what shall be evidence of acting for hire, as follows : — " That in every case in which any money or other reward shall be taken or charged directly or indirectly, or in which the purchase of any article is made a condition for the admission of any person into any theatre to see any stage-play, and also in every case in which any stage-play shall be acted or pre- sented in any house, room, or place in which distilled or fermented exciseable liquor shall be sold, every actor therein shall be deemed to be acting for hire." The acting for hire must be strictly proved. Where a proprietor issued printed bills announcing that Shakespeare's tragedy of " Hamlet " would be performed, with other enter- tainments, in such theatre, and that the prices of admission to (d) Fredericks v. Payne, 1 H. & 0. 684; Tarling y. Fredericks, 28 L. T., N. S. 814. (e) Shelley v. Bethell, 12 Q. B. D. 11. THE THEATRE. 17 boxes, pit and gallery would be Is., 6c?., and 3d. " Hamlet " was performed as announced, but it was not proved that Is., 6d., or 3d., or any other sum of money or reward was taken or charged, directly or indirectly, on the night of the 7th of July (being the opening night), or the purchase of any article made a condition for the admission of any one into the theatre, or that any distilled or fermented exciseable liquor was sold within it. The justices did not feel justified in convicting under sect. 11, because they had no evidence before them of an acting for hire on the said 7th of July beyond the mere play- bill. The Court unanimously affirmed the decision of the justices (/). Further, Bramwell, B., doubted whether this would apply to actors engaged for pay at private theatricals, or to amateurs assisting for charitable purposes at a private house (g). But the latter proposition has since been affirmed by Shelley v. Bethelliji), already referred to. In this case a person having in his own private house a theatre of the ordinary kind, but without any box-office or place for paying money, lent the use of the theatre gratuitously, and without reserving any right of entry was actually present and helped in placing the spectators. Mr. Hamilton Aide, to whom the owner had lent the theatre, advertised a performance of a play, under his own personal supervision, in aid of the funds of the School of Dramatic Art, and that tickets — price 11. Is. — were to be procured of the secretary at the School of. Dramatic Art. Over 300 tickets were sold by the secretary, but the tickets were not sold within or outside the theatre. The owner never parted with the possession of the theatre, but only allowed its use for these three performances. It (/) Davys v. Douglas, 4 Hurl. & N. ISO. (r the lower sort of people is another great cause of thefts V^» of ad robberies as they are thereby tempted to spend their small ^jS^^T (. lbstanee in riotous pleasures, and in consequence are put on deemed nlawful methods of supplying their wants and renewing disorderly leir pleasures : in order, therefore, to prevent the said houses, smptation to thefts and robberies, and to correct as far as iay be the habit of idleness which is become too general vex the whole kingdom, and is productive of much mischief ad inconvenience : be it enacted by the authority, aforesaid, lat from and after the 1st day of December, 175'2, any ouse, room, garden, or other place kept for public dancing, lusic, or other public entertainment of the like kind, in the ties of London and "Westminster, or within twenty miles lereof, without a licence had for that purpose from the last receding Michaelmas quarter sessions of the peace to beholden >r the county, city, riding, liberty,- or division in which such Quse, room, garden, or other place, is situate (who are ereby authorized and empowered to grant such licences as ley in their discretion shall think proper), signified under the ands and seals of four or more of the justices there assembled, lall be deemed a disorderly house or place ; and every such eence shall be signed and sealed by the said justices in open ourt, and afterwards be publicly read by the clerk of the sace, together with the names of the justices subscribing the raie ; and no such licence shall be granted at any adjourned ssions, nor shall any fee or reward be taken for any such sence ; and it shall and may be lawful to and for any con- Constables able or other person, being thereunto authorized by warrant may enter anc 142 APPENDIX. ze all iinder the hand and seal of one or more of his Majesty's rsons found j us tioes of the peace of the county, city, riding, division, or 3rem. liberty where such house or place shall be situate, to enter such house or place, and to seize every person who shall be found therein, in order that they may be dealt with according to law ; and every person keeping such house, room, garden, or other place, without such licence as aforesaid, shall forfeit the sum of one hundred pounds to such person as will sue for the same, and be otherwise punishable as the law directs in cases of disorderly houses. irson keep- er the same forfeit 100?. censed Mjes to have . inscription eri;hem ; d not be ien before r e in the ening. i breach of ;her of the id con- tions the ence to be roked. III. Provided always, and it is hereby further enacted by the authority aforesaid, that, in order to give public notice what places are licensed pursuant to this Act, there shall be affixed and kept up in some notorious place over the door or entrance of every such house, room, garden, or other place kept for any of the said purposes, and so licensed as aforesaid, an inscription in large capital letters in the words following ; videlicet, Licensed pursuant to Act of Parliament of the Twenty-fifth of King George the Second ; and that no such house, room, garden, or other place, kept for any of the said purposes, although licensed as aforesaid, shall be open- for any of the said purposes before the hour of five in the afternoon ; and that the affixing and keeping up of such inscrip- tion as aforesaid, and the said limitation or restriction in point of time, shall be inserted and made conditions of every such licence ; and in case of any breach of either of the said conditions such licence shall be forfeited, and shall be revoked by the justices of peace in their next general or quarter sessions, and shall not be renewed, nor shall any new licence be granted to the same person or persons, or any other person on his or their or any of their behalf, or for their use or benefit, directly or indirectly, for keeping any such house, room, garden, or other place for any of the purposes afore- said. ie theatres d other aces :ensed by e Crown or >rd Cham- rlain ex- pted out of is act. instable' a ity upon IV. Provided always, that nothing in this Act contained shall extend or be construed to extend to the Theatres Royal in Drury Lane and Oovent Garden, or the theatre commonly called the King's Theatre, in the Haymarket, or any of them, nor to such performances and public entertainments as are or shall be lawfully exercised and carried on under or by virtue of letters patents, or licence of the Crown, or the licence of the Lord Chamberlain of his Majesty's household, anything herein contained notwithstanding. Y. And in order to encourage prosecutions against persons keeping bawdy houses, gaming houses, or other disorderly STATUTES. 143 juses, be it enacted by the authority aforesaid, that if any notice given vo inhabitants of any parish or place, paying scot and bear- ^ m of person ig lot therein, do give notice in writing to any constable (or b^^ynoiise her peace officer of the like nature, where there is no gamino- ' mstable) of such parish or place, of any person keeping a house, or awdy house, gaming house, or other disorderly house in such other dis- arish or place, the constable, or such officer as aforesaid so P r( ierly sceiving such notice, shall forthwith go with such inhabitants 0UBe8 ' > one of his Majesty's justices of the peace of the county, ty, riding, division, or liberty in which such parish or place oes lie, and shall upon such inhabitants making oath before ich justice that they do believe the contents of such notice to e true, and entering into a recognizance in the penal sum of venty pounds each to give or produce material evidence gainst such person for such offence, enter into a recognizance i the penal sum of thirty pounds to prosecute with effect ich person for such offence at the next general or quarter ission of the peace, or at the next assizes to be holden for le county in which such parish or place does lie, as to the lid justices shall seem meet ; and such constable or other The charge o; fficer shall be allowed all the reasonable expenses of such prosecution, rosecution, to be ascertained by any two justices of the peace a \°h on , £ the county, city, riding, division, ' or liberty where the eaon f ^e (fence shall have been committed, and shall be paid the two inhabi- ime by the overseers of the poor of such parish or place ; tants, to be ad in case such person shall be convicted of such offence P ald tv tlle le overseers of the poor of such parish or place shall forth- og erS ii er %° u ith pay the sum of ten pounds to each of such inhabitants ; forfeiting ad in case such overseer shall neglect or refuse to pay to such double the mstable or other officer such expenses of the prosecution as sum. foresaid, or shall neglect or refuse to pay, upon demand, le said sums of ten pounds,- and ten pounds, such overseers, ad each of them, shall forfeit to the person entitled to the line double the sum so refused or neglected to be paid. XTTT. And be it further enacted by the authority aforesaid, Recovery of tat any person entitled to any of the forfeitures by this Act forfeitures, aposed may sue for the same by action of debt in any of is Majesty's Courts of Eecord at "Westminster, in which it tall be sufficient to declare that the defendant is indebted to Le plaintiff in the sum of being forfeited by an Act, tituled " An Act for the better preventing Thefts and Eob- sries, and for Regulating Places of Public Entertainment, id punishing Persons keeping Disorderly Houses ;" and the Full costs, aintiff, if he recover in any such action, shall have his full sts. 144 APPENDIX. Limitation of XIV. Provided, that no action shall he brought by virtuf actions. ^his Act unless the same shall be commenced within the sp of six calendar months after the offence committed. 6 & 7 Yict. c. 68. ' An Act for Regulating Theatres. [22nd August, 184 Whebeas it is expedient that the laws now in force for rej lating theatres and theatrical performances be repealed, £ other provisions be enacted in their stead : •All theatres for the per- formance of II. It shall not be lawful for any person to have keep any house or other place of public resort in Gr iormance ox Britain, for the public performance of stage plays, with F. i Q 11 rll t\Hr\ ^TT ¥\^T ITirfllO !"!+ l*}^+aHCS "l-ia^-£lTl+ +T./"\rr» \l OF MoiflO+TT licensed. What licences shall he granted by the Lord Chamherlain. authority by virtue of letters patent from her .Majesty, '. heirs and successors, or predecessors, or without licence fr the Lord Chamberlain of her Majesty's household for time being, or from the justices of the peace as hereinai provided ; and every person who shall offend against t enactment shall be liable to forfeit such sum as shall awarded by the Court in which or the justices by whom shall be convicted,- not exceeding twenty pounds for ev day on which such house or place shall have been so k open by him for the purpose aforesaid, without legal thority. III. And be it enacted, that the authority of the L Chamberlain for granting licences shall extend to all theal (not being patent theatres) within the parliamentary bo daries of the cities of London and Westminster, and of boroughs of Pinsbury and Marylebone, the Tower TTa.mli Lambeth, and Southwark, and also within those places wh her Majesty, her heirs and successors, shall, in their ro persons, occasionally reside : Provided always, that, exc within the cities and boroughs aforesaid, and the boroughs New Windsor in the county of Berks, and Brighthelmsti in the county of Sussex, licences for theatres may be gran by the justices as hereinafter provided, in those places which her Majesty, her heirs and successors shall occasions reside ; but such licences shall not be in force during STATUTES. 145 sidence there of her Majesty, her heirs and successors ; and jing such residence it shall not be lawful to open such eatres as last aforesaid (not being patent theatres) without e licence of the Lord Chamberlain. IV. And be it enacted, that for every such licence granted Pee for Lord ' the Lord Chamberlain, a fee, not exceeding ten shillings Chamber- c each calendar month during which the theatre is licensed to lam ' s licence, i kept open, according to such scale of fees as shall be fixed r the Lord Chamberlain, shall be paid to the LordChamber- V. And be it enacted, that the justices of the peace within Licences may ery county, riding, division, liberty, cinque port, city, and ^ granted by >rough in Great Britain beyond the limits of the authority J™* 1068 - the Lord Chamberlain, in which application shall have sen made to them for any such licence as is hereinafter men- med, shall, within twenty-one days next after such applica- Dn shall have been made to them in writing signed by the irty making the same, and countersigned by at least two istices acting in and for the division within which the pro- srty proposed to be licensed shall be situate, and delivered i the clerk to the said justices, hold a special session in the [vision, district, or place for which they usually act, for ranting licences to houses for the performance of stage plays, E the holding of which session seven days' notice shall be iven by their clerk to each of the justices acting within such ivision, district, or place ; and every such licence shall be iven under the hands and seals of four or more of the justices ssembled at such special session, and shall be signed and saled in open Court, and afterwards shall be publicly rsad Y the clerk, with the names of the justices subscribing the YI. And be it enacted, that for every such licence granted Fee for jus- v the justices a fee, not exceeding five shillings for each tices' licence, ilendar month during which the theatre is licensed to be ept open, according to such scale of fees as shall be fixed by le justices, shall be paid to the clerk of the said justices. VII. And be it enacted, that no such licence for a theatre To whom hall be granted by the Lord Chamberlain or justices to any licences shall erson except the actual and responsible manager for the time te S la ' niei - eing of the theatre in respect of which the licence shall be ranted ; and the name and place of abode of such manager aall be printed on every play bill announcing any represen- ition at such theatre ; and such manager shall become bound imself in such penal sum as the Lord Chamberlain or justices T. L 146 APPENDIX. shall require, being in no case more than five" hundred pounds, and two sufficient sureties, to be approved by the said Lord Chamberlain or justices, each in such penal sum as the Lord Chamberlain or justices shall require, being in no case more than one hundred pounds, for the due observance of the rules which shall be in force at any time during the currency of the licence for the regulation of such theatre, and for securing payment of the penalties which such manager may be adjudged to pay for breach of the said rules or any of the provisions of this Act. ie Lord hamberlairi ules for the VIII. And be it enacted, that in case it shall appear to the leatres under Lord Chamberlain that any riot or misbehaviour has taken ie control of p^ ace j n an y theatre licensed by him, or in any patent theatre, it shall be lawful for him to suspend such licence or to order such patent theatre to be closed for such time as to him shall seem fit; and it shall also be lawful for the Lord Chamberlain to order that any patent theatre or any theatre licensed by him shall be closed on such public occasions as to the Lord Chamberlain shall seem fit ; and while any such licence shall be suspended, or any such order shall be in force, the theatre to which the same applies shall not be entitled to the privilege of any letters patent or licence, but shall be deemed an un- licensed house. ules for [forcing der in the eatres ;ensed by ie justices. IX. And be it enacted, that the said justices of the peace at a special licensing session or at some adjournment thereof, shall make suitable rules for ensuring order and decency at the several theatres licensed by them within their jurisdiction; and for regulating the times during which they shall severally be allowed to be open, and from time to time, at another special session, of which notice shall be given as aforesaid, may rescind or alter such rules ; and it shall be lawful for any one of her Majesty's principal secretaries of state to rescind or alter any such rules, and also to make such other rules for the like purpose, as to him shall seem fit ; and a copy of all rules which shall be in force for the time being shall be annexed to every such licence ; and in case any riot or breach of the said rules in any such theatre shall be proved on oath before any two justices usually acting in the jurisdic- tion where such theatre is situated, it shall be lawful for them to order that the same be closed for such time as to the said justices shall seem fit ; and while such order shall be in force the theatre so ordered to be closed shall be deemed an unlicensed house. roviso for ie Univer- X. Provided always, and be it enacted, that no such licence shall be in force within the precincts of either of the Univer- STATUTES. 147 ties of Oxford or Cambridge, or within fourteen miles of the sities of ty of Oxford or town of Cambridge, without the consent of 2 xf< ?-4, an< * ie chancellor or vice-chancellor of each of the said uniyer- am n ge- ties respectively ; and that the rules for the management of ly theatre which shall be licensed with such consent within ie limits aforesaid shall be subject to the approval of the dd chancellor or vice-chancellor respectively ; and in case of ie breach of any of the said rules, or of any condition on hich the consent of the chancellor or vice-chancellor to grant ay such licence shall have been given, it shall be lawful for ich chancellor or vice-chancellor respectively to annul the oence, and thereupon such licence shall become void. XI. And be it enacted, that every person who for hire shall Penalty on it or present, or cause, permit, or suffer to be acted or pre- P ers ° ns Po- inted, any part in any stage play, in any place not being a u ^^^ e ™ itent theatre or duly licensed as a theatre, shall forfeit such places. mi as shall be awarded by the Court in which or the justices Y whom he shall be convicted, not exceeding ten pounds for rery day on which he shall so offend. XII. And be it enacted, that one copy of every new stage No new playi lay, and of every new act, scene, or other part added to any or additions t( Id stage play, and of every new prologue or epilogue, and of o1 ^ ° nes to *"= rery new part added to an old prologue or epilogue intended ^t -S^a + > be produced and acted for hire at any theatre in Great the Lord ritain, shall be sent to the Lord Chamberlain of her Majesty's Chamberlain. ousehold for the time being, seven days at least before the est acting or presenting thereof, with an account of the Leatre where and the time when the same is intended to be rst acted or presented, signed by the master or manager, or ie of the masters or managers, of such theatre ; and during ie said seven days no person shall for hire act or present the me, or cause the same to be acted or presented; and in case ie Lord Chamberlain, either before or after the expiration : the said period of seven days, shall disallow any play, or ay act, scene, or part thereof, or any prologue or epilogue, : any part thereof, it shall not be lawful for any person to ;t or present the same, or cause the same to be acted or resented, contrary to such disallowance. XIII. And be it enacted, that it shall be lawful for the Fees to be ord Chamberlain to charge such fees for th.6 examination of P aid f° r Le plays, prologues and epilogues, or parts thereof, which examination tall be sent to him for examination, as to him from time to ° p ays ' °' me shall seem fit, according to a scale which shall be fixed y him, such fee not being in any case more than two guineas, id such fees shall be paid at the time when such plays, pro- l2 148 APPENDIX. tie Lord lamberlain ay forbid iy play. snalty for ting plays ifore they e allowed after they tve been sallowed. hat shall be idenoe of ting for re. oof of ence in rtain oases lie on the rty aooused. logues and epilogues, or parts thereof, shall be sent to the' Lord Chamberlain"; and the said period of seven days shall not begin to run in any case until the said fee shall have been paid to the Lord Chamberlain, or to some officer deputed by him to receive the same. XIV. And be it enacted, that it shall be lawful for the Lord Chamberlain for the time being, whenever he shall be of opinion that it is fitting for the preservation of good man- ners, decorum or of the public peace so to do, to forbid the acting or presenting any stage play, or any act, scene or part thereof, or any prologue or epilogue or any part thereof, any- where in Great Britain, or in such theatres as he shall specify, and either absolutely or for such time as he shall think fit. XV. And be it enacted, that every person who for hire shall act or present, or cause to be acted or presented, any new stage play, or any act, scene or part thereof, or any new prologue or epilogue or any part thereof, until the same shall have been allowed by the Lord Chamberlain, or which shall have been disallowed by him, and also every person who for hire shall act or present, or cause to be acted, or presented, any stage play, or any act, scene or part thereof, or any pro- logue or epilogue or any part thereof, contrary to such pro- hibition as aforesaid, shall for every such offence forfeit such sum as shall be awarded by the Court in which or the justices by whom he shall be convicted, not exceeding the sum of fifty pounds ; and every licence (in case there be any such) by or under which the theatre was opened, in which such offence shall have been committed, shall become absolutely void. XVI. And be it enacted, that in every case in which any money or other reward shall be taken or charged, directly or indirectly, or in which the purchase of any article is made a condition for the admission of any person into any theatre to see any stage play, and also in every case in which any stage play shall be acted or presented in any house, room or place in which distilled or fermented exciseable liquor shall be sold, every actor therein shall be deemed to be acting for hire. XVII. And be it enacted, that in any proceedings to be instituted against any person for having or keeping an un- licensed theatre, or for acting for hire in an unlicensed theatre, if it shall be proved that such theatre is used for the public performance of stage plays, the burden of proof that such theatre is duly licensed or authorized shall lie on the party accused, and until the contrary shall be proved such theatre shall be taken to be unlicensed. STATUTES. 149 XIX. And- be it enacted, that all the pecuniary penalties Penalties hem iposed by this Act for offences committed in England may *° De recoyer- 5 recovered in any of her Majesty's Courts of Eecord at Westminster, and for offences committed in Scotland by action : summary complaint before the Court of Session or justiciary iere, or for offences committed in any part of Great Britain i a summary way before two justices of the peace for any >unty, riding, division, liberty, city or borough where any ich offence shall be committed, by the oath or oaths of one : more credible- witness or witnesses, or by the confession of te offender, and in default of payment of such penalty igether with the costs, the same may be levied by distress ad sale of the offender's goods and chattels, rendering the rerplus to such offender, if any there be above the penalty, >sts, and charge of distress ; and for want of sufficient dis- ess the offender may be imprisoned in the common gaol or ouse of- correction of any such county, riding, division, berty, city or borough for any time not exceeding six calendar tonths. XX. And be it enacted, that it shall be lawful for any Appeal, erson who shall think himself aggrieved by any order of ich justices of the peace to appeal therefrom to the next eneral or quarter session of the peace to be holden for the lid county, riding, division, liberty, city or borough, whose rder therein shall be final. XXI. And be it enacted, that the said penalties for any Appropria- ffence against this Act shall be paid and applied in the first tion of Lstance toward defraying the expenses incurred by the pro- penalties. >cutor, and the residue thereof (if any) shall be paid to the se of her Majesty, her heirs and successors. XXII. Provided always, and be it enacted, that.no person Limitation of tail be liable to be prosecuted for any offence against this actions. ct unless such prosecution shall be commenced within six dendar months after the offence committed. XXIII. And be it enacted, that in this Act the word " stage Interpreta- lay" shall be taken to include every tragedy, comedy, farce, tion of Act. pera, burletta, interlude, melodrama, pantomime or other itertainment of the stage or any part thereof : Provided .ways, that nothing herein contained shall be construed to pply to any theatrical representation in any booth or show hich by the justices of the peace, or other persons having ithority in that behalf, shall be allowed in any lawful fair, last or customary meeting of the like kind. 150 APPENDIX. Limits of the XXIV. And be it enacted, that this Act shall extend o Act - to Great Britain. METEOPOLITAN BUILDING ACT. 18 & 19 Vict. c. 122. Rules as to accesses and stairs in certain buildings. 22. The following rules shall be observed with respect accesses and stairs : — In every public building, and in every other building c< taining more than one hundred and twenty-five thouss cubic feet, and used as a dwelling-house for separate famili the floors of the lobbies, corridors, passages, and landin and also the flights of stairs, shall be of stone or other fi proof material, and carried by supports of a fire-proof materi Construction 30. Notwithstanding anything herein contained, evi of public public building, including the walls, roofs, floors, galleri buildings. an( j staircases, shall be constructed in such manner as may approved by the district surveyor, or, in the event of d agreement, may be determined by the Metropolitan Boai and, save in so far as respects the rules of construction, ev< public building shall throughout this Act be deemed to included in the term "building," and be subject to all 1 provisions of this Act, in the same manner as if it were building erected for a purpose other than a public purpose. STATUTES. 151 IETKOPOLIS MANAGEMENT AND BUILDING ACTS AMENDMENT ACT, 1878. 41 & 42 Vict. c. 32. 11. "Whenever it appears to the board that any house or Power to ther place of public resort within the metropolis which was board in ,t the time of- the passing of this Act authorized to be kept Require 868 ipen for the public performance of stage plays, and which is proprietors :ept open for such purpose, under the authority of letters of theatres latent from her Majesty, her heirs and successors or prede- and certain lessors, or of a licence granted by the.Lord Chamberlain of ^ u „ se ^^ e ler Majesty's household for the time being or by justices of time of tte he peace, or that any house, room, or other place of public p asB i n g f esort within the metropolis, containing a superficial area for this Act to he accommodation of the public of not less than five hundred remedy quare feet, which was at the time of the passing of this Act -jj^^ luthorized to be kept open, and which is kept open, for lancing, music, or other public entertainment of the like dnd, under the authority of a licence granted by any court of juarter sessions, is so defective in its structure, that special langer from fire may result to the public frequenting the same, then and in every such ease the board may, with the ionsent of the Lord^ Chamberlain in the case of theatres mder his jurisdiction, and of her Majesty's principal Becre- ary of State, in all other cases, if in the opinion of the board >uch structural defects can be remedied at a moderate expen- diture, by notice in writing require the owner of such house, ■oom, or other place kept open for any of the purposes afore- said, under such authority as aforesaid, to make such altera- ions therein or thereto as may be necessary to remedy such lefects, within a reasonable time to be specified in such lotice; and in case such owner fails to comply with the •equirements of such notice within such reasonable time as iforesaid, he shall be liable to a penalty not exceeding fifty rounds for such default, and to a further penalty of five rounds for every day after the first day after the expiration of such reasonable time as aforesaid during which such default iontinues : provided always, that any such owner may, within iourteen days after the receipt of any such notice as aforesaid, ierve notice of appeal against the same upon the board, and hereupon such appeal shall be referred to an arbitrator to be ippointed by her Majesty's First Commissioner of Works at he request of either party, who shall hear and determine the same, and may, on such evidence as he may think satisfactory, 152 APPENDIX. >wer to ard to ike regu- tiona witli speot to w theatres d certain w music ,11s for pro- stion from either confirm the notice served by the board, or may confirm the. same with such modifications as he may think proper, or refuse to confirm the same, and the decision of such arbitrator with respect to the requirements contained in any such notice, and the reasonableness of the same, and the persons by whom and the proportions in which the costs of such arbitration are to be paid, shall be final and conclusive and binding upon all parties. In case of an appeal against any such notice, compliance with the requirements of the same may be postponed until after the day upon which such appeal shall be so decided as afore- said, and the same, if confirmed in whole or in part, shall only take effect as and from such day. 12. The board may from time to time make, alter, vary, and amend such regulations as they may think expedient with respect to the requirements for the protection from fire of houses or other places of public resort within the metropolis to be kept open for the public performance of stage plays, and of houses, rooms, or other places of public resort within the metropolis containing a superficial area for the accommo- dation of the public of not less than five hundred square feet, to be kept open for public dancing, music, or other public entertainment of the like kind, under the authority of letters patent from her Majesty, her heirs or successors, or of licences by the Lord Chamberlain of her Majesty's household, or by any justices of the peace, or by any court of quarter sessions, which may be granted for the first time after the passing of this Act ; and may by such regulations prescribe the require- ments as to position and structure of such houses, rooms, or places of public resort which may, in the opinion of the board, be necessary for the protection of all persons who may frequent the same against dangers from fires which may arise therein or in the neighbourhood thereof ; provided that the board may from time to time in any special case dispense with or modify such regulations, or may annex thereto conditions if they think it necessary or expedient so to do. The board shall, after the making, altering, varying or amending of any such regulations, cause the same to be printed, with the date thereof, and a printed copy thereof shall be kept at the office of the board, and all persons may at all reasonable times inspect such copy without payment, and the board shall cause to be delivered a printed copy, authenticated by their seal, of all regulations for the time being in force to every person applying for the same, on payment by such person of any sum not exceeding five shil- lings for every such copy. A printed copy of such regulations, dated and authenticated STATUTES. 153 by the seal of the board, shall be conclusive evidence of the existence and of the due mating of the same in all proceedings under the same, without adducing proof of such seal or of the fact of such making. From and after the mating of any such regulations it shall not be lawful for any person to have or keep open any such house, room or other place of public resort for any of the purposes aforesaid, unless and until the board grant to such person a certificate in writing under their seal, to the effect that such house, room or other place was on its completion in accordance with the regulations made by the board in pursu- ance of the provisions of this Act for the time being in force, and in so far as the same are applicable to such house or other place, and to the conditions (if any) annexed thereto by the board. In case any such house, room or place of public resort is opened or kept open by any person for any of the purposes aforesaid, contrary to the provisions of this enactment, such person shall be liable to a penalty not exceeding fifty pounds for every day on which such house or place of public resort is so kept open as aforesaid. 13. A person interested in any premises about to be con- Provisional strueted, or in course of construction, which are designed to licence for be licensed and used within the metropolis for the public per- ne . w P Te " formanee of stage plays, or for public dancing, music or other nuses - public entertainment of the like kind, may apply to the licensing authority for the grant of a provisional licence in respect ofsueh premises. The grant of such provisional licence shall, in respect of the discretion of the licensing authority and procedure, be subject to the same conditions as those applicable to the grant of a like licence which is not provi- sional. A provisional licence so granted shall not be of any force until it has been confirmed by the licensing authority ; but the licensing authority shall confirm the same on the pro- duction by the applicant of a certificate by the board that the construction of the premises has been completed in accordance with the regulations and conditions made by the board as hereinbefore provided, and on being satisfied that no objection can be made to the character of the holder of such provisional licence. ****** 21. The architect of the board, and any other person autho- Power for rized by the board in writing under their seal, may, at all architect ai reasonable times after completion or during construction, P e ™>na enter and inspect any house, room or other place kept open jjy board pr intended to be kept open for the public performance of and dietiici 154 APPENDIX. surveyor, to enter and inspect theatres, music halls, buildings, and works. Power to owners, &o. to enter houses, &o. to comply with notices or order. stage plays, or for public dancing, music or other pu' entertainment of the like kind affected by any of the pr( sions of this Act, or of any regulations made in pursua thereof ; and the district surveyor of any district may at reasonable times during the progress and the three mon next after the completion of any house, building, erection ■work in such district affected by and not exempted from ( of the provisions of this Act, or by any bye-law made pursuance of this Act, or by any terms or conditions uj which the observance of any such provisions or any of si bye-laws may have been dispensed with, enter and insp such house, building, erection or work ; and if any pen refuses to admit such architect, person or surveyor, or to aff him all reasonable assistance in such inspection, in every si case the person so refusing shall incur for each offenct penalty not exceeding twenty pounds. 22. For the purpose of complying with the requirements any notice or order served or made under the provisions this Act on any owner, builder or person in respect of i house, building or other erection, room or place, such owe builder or person, his servants, workmen and agents, m after giving seven days' notice in writing to the occupier such house, building or other erection, room or place, and production of such notice or order, enter such house, build or other erection, room or place, and do all such wor matters and things therein or thereto, or in connexion the with, as may be necessary ; and if any person refuses to adi such owner, builder or person, or his servants or workmen agents, or to afford them all reasonable assistance, si person shall incur for each offence a penalty not exceed twenty pounds. 42 & 43 Vict. c. 34. An Act to regulate the Employment of Children in placet public amusement in certain cases. [24th July, 1879.; Whereas it is expedient to regulate the employment of c] dren in places of public amusement in certain cases : Be it therefore enacted by the Queen's most excell Majesty, by and with the advice and consent of the Lo STATUTES. 155 Spiritual' and Temporal, and Commons, in this present Parlia- nent assembled, and by the authority of the same, as follows : 1. This Act may be cited as the Children's Dangerous Per- Short title, brmances Act, 1879. 2. This Act shall not come into operation until the 1st day Commence- if January, 1880, which date is hereinafter referred to as the ment of - A - ct - ommencement of this Act. 3. From and after the commencement of this Act, any person Penalty for rho shall cause any child under the age of fourteen years to employment ake part in any public exhibition or performance whereby, ?* Janseous a the opinion of a court of summary jurisdiction, the life or p er f or m- imbs of such child shall be endangered, and the parent or anoes. guardian, or any person having the custody, of such child, cho shall aid or abet the same, shall severally be guilty of ,n offence against this Act, and shall on summary conviction le liable for each offence to a penalty not exceeding ten lounds. And where in the course of a public exhibition or perform- Compensa- ,nce, which in its nature is dangerous to the life or limb of a tion for hild under such age as aforesaid taking part therein, any aocld( R* to .ccident causing actual bodily harm occurs to any such child, be employer of such child shall be liable to be indicted as Laving committed an assault ; and the Court before whom uch employer is convicted on indictment shall have the power f awarding compensation not exceeding twenty pounds, to be iaid by such employer to the child, or to some person named y the Court on behalf of the child, for the bodily harm so ccasioned ; provided that no person shall be punished twice dt the same offence. 4. Whenever any person is charged with an offence against Evidence of bis Act in respect of a child who in the opinion of the Court a & e - eying the case is apparently of the age alleged by the infor- lant, it shaE He on the person charged to prove that the hild is not of that age. 5. Every offence against this Act in respect of which the Eecovery of erson committing it is liable as above mentioned to a penalty penalties, ot exceeding ten pounds shall be prosecuted and the penalty scovered with costs in a summary manner, as follows : — In England, in accordance with the provisions of the Act eleventh and twelfth Victoria, chapter forty-three, in- tituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and "Wales with respect to summary convictions 156 APPENDIX. and orders," and of any Act or Acts amending the same; and the Court of summary jurisdiction when hearing and determining an information in respect of any offence under this Act shall be constituted either of two or more justices of the peace in. petty sessions, sitting at a place appointed for the holding of petty sessions, or some magistrate or officer sitting alone or with others at some Court or other place appointed for the administration of justice for the time being empowered by law to do alone any act authorized to be done by more than one justice of the peace ; 28 Vict. In Scotland, in accordance with the provisions of the Summary Procedure Act, 1864, and of any Act or Acts amending the same ; and In Ireland, within the police district of Dublin metropolis in accordance with the provisions of the Acts regulating the powers and duties of justices of the peace for such district, or of the police of such district, and elsewhere in 15 Vict. Ireland in accordance with the provisions of the Petty Sessions (Ireland) Act, 1851, and any Act amending or affecting the same. ( 157 ) THE METEOPOLITAN BOAED OP WOBKS. 'he Metkopolis Management and Building Acts Amendment Act, 1878. 'egtjlations made by the Metropolitan Board of Works at a Meeting held at the Offices of the Board, Spring Gardens, on Friday, the 2nd day of May, 1879, under the provisions of the above-mentioned Act. I. — These regulations shall apply to all theatres, houses, or laces of public resort within the metropolis, to be kept open sr the public performance of stage plays, and to all houses, Doms, or other places of public resort within the metropolis, Dntaining a superficial area for the accommodation of the ublic, of not less than 500 square feet, to be opened or kept pen for public dancing, music, or other public entertainment i the like kind under the authority of letters patent from ler Majesty the Queen, her heirs or, successors, or of licences y the Lord Chamberlain of Her Majesty's household, or by uy justices of the peace, or by any Court of Quarter Sessions bich may be granted for the first time after the 22nd day of uly, 1878. II. — Every person who, for the first time after the making Drawings of £ these regulations, may be either desirous of obtaining theatres, uthority to open any house, or other place of public resort, music halls, ithin the metropolis for the public performance of stage &0 -> *? b ® lays, or to open any house, room, or other place of public Metropolitan 380ft within the metropolis containing a superficial area for Board of ie accommodation of the public of not less than 500 square Works, set for public dancing, music, or other public entertainment E the like kind, shall give notice of such desire to the Metro- olitan Board of Works. The notice must contain a statement 3 to the nature of the interest of such person in the premises ) proposed to be opened, and be accompanied by plans, [evations, and sections of such house, room, or place of ublic resort, or of the premises of which such house, room, p place of public resort may form part, drawn to a scale of ot less than £th of an inch to a foot, and by a block plan lowing its position in relation to the premises adjacent, rawn to a scale of not less than 1 inch to 20 feet, and in the ise of new buildings, or of buildings to be adapted as a 158 APPENDIX. place of public resort, must be also accompanied by a specifi- cation of the works to be executed, describing the materials to be employed and the mode of construction to be adopted, together with such other particulars, as may be necessary to enable the board and its officers to judge whether the require- ments of these regulations will, when the building has been completed, have been complied with. The notice must be also accompanied by a detailed state- ment of the respective numbers of persons proposed to be accommodated in the various portions of such house, room or place of public resort, and of _ the area to be assigned to each person, which shall not be less than 1 foot 8 inches by 1 foot 6 inches in the gallery, nor less than 2 feet 4 inches by 1 foot 8 inches in the other parts of the house, room or other place of public resort. ills. III. — Every such house, room or place of public resort shall be enclosed with external walls of brick or stone, or partly of brick and partly of stone. The thickness of such walls shall not be less than the thickness' prescribed by the Metropolitan Building Act, 1855, for walls of similar height and length in buildings of the warehouse class. jscemum IV- — In any house or other place of public resort, for the 11. public performance of stage plays, or where a proscenium shall be erected, the proscenium wall shall be of brick, not less than 13 inches in thickness, and shall be carried up to a height of 3 feet above the roof, and be carried down below the stage, to the level of the foundation of the external walls. No openings shall be formed in the proscenium wall, with the exception of a doorway into the orchestra, and one door- way on each side of the stage for communication with the auditorium. These doorways shall not be more than 3 feet 6 inches wide, and shall be closed with iron doors, fixed with- out woodwork. The decorations round the proscenium shall be constructed of fire-resisting materials. blio stair- V. — The staircases and the floors of the passages, lobbies, ses, oorri- corridors and landings, shall be of fire-resisting materials. ra, &o. Every staircase for the use of the audience shall be supported and enclosed by brick walls. The treads of each flight .of stairs shall be of uniform width. No staircase, internal corridor or passage-way, for the use of the audience, shall be less than 4 feet 6 inches wide. Every staircase, corridor- or passage-way for the use of the audience, and which communicates with any portion of the house, intended for the accommodation of a larger number of REGULATIONS OF METROPOLITAN BOARD OF WORKS. 159 the audience than 400, shall be increased in width by 6 inches for every additional 100 persons, until a maximum width of 9 feet be obtained. Provided always that in every case where the staircases are 6 feet wide and upwards a dividing hand- rail shall be provided. A clear passage or gangway, of not less than 3 feet wide, shall be reserved round every part appropriated to the audi- ence, except that next the proscenium or place of performance. VI. — All ironwork used in construction shall be protected Ironworl against the action of fire in such manner as may be required by the board. VII. — In all cases where a portion of the audience is to be -Means o: accommodated over or at a higher level than others of the exxt - audience, a separate means of exit, of the width above pre- scribed for staircases, internal corridors or passage-ways, and communicating directly with the street, shall be provided from each floor or level. Separate tiers of boxes shall for this purpose be reckoned together as forming one floor or level. One additional exit, at the least, communicating with the different levels, and opening directly into the street, must also be provided. THI. — AH doors and barriers shall be made to open Doors, outwards. IX. — In theatres and places where the auditorium and "Warmin stage shall be warmed artificially, hot water only, and that at low pressure, shall be used, and the warming apparatus shall be placed in a position to be approved by the board. X. — AH openings for ventilation shall be shown on the Ventilat plans, and properly described in the specifications. The openings shall be made in such places and in such manner as may be approved by the board. XI.— No workshop, painting-room or dressing-room shall WorkBhi be formed or constructed over the auditorium, or in the space under the same. XII. — No scene-dock, property-room or store-room shall be Sceue-di permitted within any house, room or other place of public &<>■ resort, unless such scene-dock, property-room or store-room be separated from the house, room or other place of public resort, by brick and fire-proof construction. XIH. — In any case where there are not fire mains on con- Water supply. 160 APPENDIX. siant supply there shall be provided on the top of the pro- scenium wall or at some other place to be approved by the board, two cisterns, each capable of containing at least 250 gallons of water for every 100 persons of the audience to be accommodated in the building. Fire mains shall be connected with these cisterns and extend round the whole circuit of the building, and be fitted with hydrants in such places and manner as may be approved by the board. is. XIV. — All gaspipes shall be made of iron or brass. No white metal pipes shall be used in any part of the building. paration of XV. — In cases in which a house, room or other place of Mings. public resort, forms a part only of a building, such house, room or other place of public resort, shall be separated from the other parts of the building by proper party walls or party structures. terations d additions. XVI. — Notice shall be given to the board of any intended addition to or structural alteration of any house, room or other place of public resort, in respect of which the board may have granted a certificate to the effect that such house, room or other place of public resort, was on its original comple- tion in accordance with the foregoing regulations, or other- wise in compliance with the said Act, and the conditions required by the board applicable thereto. Such notice shall be accompanied by plans, elevations and sections, showing such additions or alterations, and also by a specification oi the works to be executed in the same manner as in the case of a new building to be certified for the first time by the board ; and the board will if necessary cause a fresh survey of the building to be made. XVII. — Inasmuch as by sect. 12 of the said Act, the board may from time to time, in any special case dispense with oi modify its regulations, all applications for dispensation oi modification must be in writing, addressed to the board, and contain a statement of the facts of the particular case, and the reasons why it is desired to modify or dispense with these regulations as applicable thereto. ( 161 ) LOCAL ACTS AND EEGULATIONS. Eegulation of Theatres, Music-Sails, and Places of Public Entertainment in the Provinces. [The Author has to thank the town clerks and clerks to the justices of the more important provincial towns for the infor- mation kindly afforded him, the results of which are appended. Application has heen made, ii is believed, to every town of im- portance in Great Britain. "Where the name of a town of any size or importance does not appear in the following pages, it is because either there are no special regulations or no answer has been returned to the inquiries made by the Author.] ABEEDEEN Has no special legislation, but the form of the theatre licences and the justices' rules endorsed thereon are as follows : — City oe Aberdeen'. HER MAJESTY'S THEATRE AND OPERA-HOUSE. Licence under the Act 6 $■ 7 Victoria, cap. 68. From to . At a special session held by the magistrates of the Gity of Aberdeen, as justices of the peace within the said city, for granting licences to houses for the perform- ance of stage plays, in terms of the Act 6 & 7 Victoria, cap. 68, intituled " An Act for regulating Theatres," and holden within the town-house of the said city on the day of , 1 8 — . The said magistrates, justices of the peace within the said city, assembled at the said session, did, and do hereby license, authorize, and empower at and within the theatre and opera-house, called Her Majesty's Theatre and Opera-House, belonging to the Aberdeen Theatre and Opera-House Company, Limited, and situated in Guild Street and Trinity Street of Aberdeen (but not elsewhere), to per- T. m 162 APPENDIX. form stage plays, and all and every tragedy, comedy, farce, opera, burletta, interlude, melodrama, pantomime, or other entertainment of the stage, under and in virtue of the said Act 6 & 7 Victoria, cap. 68, in such case made and provided : but that only on the conditions and terms specified in the rules established by the Lord Provost and magistrates of the said city hereto annexed, and not otherwise. This licence to continue in force upon the conditions and terms aforesaid from the day of , 18 — , for the calendar months next following, and no longer. Her Majesty's Theatre and Opera-House, Aberdeen. RULES established under the Act 6 8f 7 Victoria^ cap. 68, intituled "An Act for regulating Theatres," by the Lord Provost and Baillies of the City of Aberdeen, Justices of the Peace for the said City. First. — That , before designed, shall affix, and keep exposed in the front and some conspicuous place over the doors or entrances of the theatre and opera-house mentioned in the within licence, an inscription in large Roman letters, painted either of a dark colour upon a light ground, or of a light colour on a dark ground, in the words following: — "Licensed pursuant to Act of Parliament of 6th & 7th Victoria, cap. 68," and he shall in like manner paint Christian name and surname immediately above the said in- scription. Second. — That such theatre, although licensed as aforesaid, shall not be open for the performance of any stage plays, dancing, music, or other public entertainment of the like kind on Sabbath or any other day set apart for public worship by lawful authority, nor on any lawful day before eleven o'clock forenoon, nor continue open later than half -past eleven o'clock at night. Third. — That the said shall not permit any breach of the peace, or riotous, indecent, or disorderly conduct within the said theatre. Fourth. — That he shall not permit or suffer men or women of notoriously bad fame, or dissolute girls and boys to assemble therein. Fifth. — That he shall not permit or suffer any unlawful games therein whereby the lieges may be cozened and cheated. LOCAL ACTS AND REGULATIONS. 163 Sixth. — That lie shall maintain good order, rule, and de- cency therein ; and that at no period of the performance shall the admission prices to any part of the theatre be under sixpence sterling for each person. Seventh. — That the name and place of ahode of the said , as the actual and responsible manager of the theatre, for the time being, to whom the licence is granted, shall be printed on every playbill announcing any representation at the said theatre. Eighth. — That the said shall observe and conform to all the rules and regulations which the Lord Chamberlain of her Majesty's household, for the time being, or any one of her Majesty's principal secretaries of state, or the said lord provost and baillies, justices of the peace for the said city of Aberdeen, may from time to time make, and to all the provi- sions of the said statute, notwithstanding the same are not herein specially inserted. Ninth. — That the said shall become bound by bond self in the penal sum of fifty pounds and two sufficient sureties to be approved of by the said justices, in the penal sum of twenty-five pounds each for the due observance of the rules which shall be in force at any time during the currency of the licence for the regulation of said theatre, and for secur- ing payment of the 'penalties which the said may be adjudged to have incurred for breach of any of the said rules or any of the provisions of the said Act ; "with power to the convicting justices to modify the said penalties to such sum or sums as they shall think fit. Tenth. — That in case of any breach of any of the rules and regulations aforesaid the licence shall be forfeited and become void. Eleventh. — That before any licence shall be issued to any person, a report or certificate, at the applicant's expense, by two tradesmen of skill, shall be produced as to the sufficiency and ventilation of the theatre, and proper egress therefrom. Twelfth. — That all actions for recovery of such penalties or having the said licence forfeited, shall be raised at the instance of the Procurator-Fiscal of the City of Aberdeen for the time being, in the form provided in the said statute. Thirteenth. — That the said justices may from time to time alter or rescind all or any of the foregoing rules. " Fourteenth. — That the said and , cautioners in the said bond, shall sist as their domicile the registered office, in Aberdeen, of the Aberdeen Theatre and Opera- House Company, Limited, where all citations, summonses, notices or intimations necessary for the effectual enforcement of the pro- visions of the said statute and bond, or of any rules made or to be made as aforesaid, and for payment of the respective m2 164 APPENDIX. penalties aforesaid, may be left, and be legally effectual to intents and purposes, as if delivered personally or left at 1 usual domicile of the said and cautioners spectively or any of them. A true copy — Certified by , Town Clerk of Aberdeen Kegulations as to places for public dancing. BIEKENHEAD. The Birkenhead Corporation Act, 1881 (44 & 45 V: c. cliii), provides : — 111. For the regulation of places for public dancing other public entertainments of the like kind the followi provisions shall take effect, namely : (1.) A house, room, garden or other place, whether or i licensed for the sale of wine, spirits, beer or otl fermented or distilled liquors, shall not be kept used for public dancing, music or other public ent tainment of the like kind without a licence for all some of those purposes first being obtained fror majority of the justices assembled at any spe< session, convened by at least fourteen days' previi notice. (2.) Licences to keep or use houses, rooms, gardens places for all or some of the purposes afores may be granted on such terms and conditions t subject to such restrictions as may be specified the respective licences, and. every licence shall be force for one year, unless previously revoked. (3.) A majority of the justices may from time to time, any such special session aforesaid, transfer any si licence to such person as they think fit. (4.) Any person intending to apply for any such licence, for the transfer of any such licence, shall give less than seven days' notice of his intention to clerk to the justices. (5j) If any bouse, room, garden or place be kept and u for public dancing, music, or other public enterte ment of the like kind without such licence, occupier of the same shall be liable to a penalty exceeding -five pounds for every day on which same is kept and used for any of the purposes af < said. (6.) There shall be affixed and kept up in some conspicu LOCAL ACTS AND REGULATIONS. 165 place on the door or entrance of every House, room, garden or place so kept or used and so licensed as aforesaid the -words following in large capital letters : — " Licensed for music " (or as the case m'ay he) " in pursuance of Act of Parliament." (7.) Any house, room, garden or place so kept or used, although so licensed as aforesaid, shall not be opened for any of the said purposes except between the hours stated in the licence. (8.) The affixing and keeping up such words as aforesaid, and the limitation of the hours of opening, and regulations for the maintenance of good order, shall he inserted in and made conditions of every such licence, and in case of any breach of those conditions such licence shall be liable to be revoked by the order of any two justices. The following is a Form of, and the Conditions contained in, the Music Licence : — At a special session of her Majesty's justices of the peace of the borough of Birkenhead, holden at the petty-sessional court-house of the said borough, on the day of , 188 — . Borough of Birkenhead, \ "We, being the majority of her to wit. ) Majesty's justices of the peace assembled at the said special session Do hereby grant (in pursuance of section 111 of the Birkenhead Corporation Act, 1881, unto , being the occupier of a hall called the Hall, situate No. in Street, in Birkenhead in the said borough, this licence to keep and use the said hall for public dancing, music, and other public entertainment of the like kind, for the period of one year from the date hereof. Provided that such hall shall only be used for the purpose aforesaid between the hours of six o'clock in the morning and [two, as a rule~\ o'clock in the following morning. And aiso that the said shall affix and keep up in some conspicuous place on the door or entrance of the said hall in large capital letters the words " Licensed for public dancing and music, &c, in pursuance of Act of Parlia- ment. That such hall shall be closed every Sunday, Christmas Day, Good Friday, and during Passion Week, and on days appointed for public fasts or thanksgivings,. 166 APPENDIX. That police constables when in uniform, and other con- stables when not in uniform, if known as such to the said or his servants, shall be permitted to have free access to the said hall at all times when the same shall be open. That the said shall maintain and keep good order in the said hall and prevent anything which is licentious or indecent from being performed or sung there. Given under our hands and seals in open Court the day of , 188—. The Justices' Eules (a) are : — At a special licensing session of her Majesty's justices of the peace of, and acting in and for the borough of Birkenhead, holden in the police court, Hamilton Street, Birkenhead, in the borough aforesaid, on the 21st day of August, in the year of our Lord 1879, for the purpose of making suitable Rules for ensuring order and decency at the several theatres licensed by the justices within the said borough, and for regulating the- times during which they shall severally be allowed to be open. Borough of Birkenhead, ) Whereas, by an Act of Parliament, to wit. ) made and passed in the session of Parliament holden in the sixth and seventh years of the reign of her present Majesty, intituled 'An Act for regulating theatres,' it is enacted, ' That the said justices of the peace, at a special licensing session, or at some adjournment thereof, shall make suitable rules for ensuring order and decency at the several theatres licensed by them within their jurisdiction, and for regulating the times during which they shall severally be allowed to be open, and from time to time, at another special session, of which notice shall be given as aforesaid, may rescind or alter such rules ; and it shall be lawful for any one of her Majesty's principal secretaries of state to rescind or alter such rules, and also to make such other rules for the like purpose as to him shall seem fit, and a copy of all rules which shall be in force for the time being shall be annexed to every such licence ; and in case any riot or breach (a) The justices rely on the report of the head constable as to the means of egress, and any structural alterations desired are always made before the licence is granted. But there is no bye- law or local Act to this effect. LOCAL ACTS AND REGULATIONS. 167 of the said rules in any such theatre shall be proved on oath before any two justices usually acting in the jurisdiction where such theatre is situated, it shall be lawful for them to order that the same be closed for such time as to the said justices shall seem fit; and while such order shall be in force the theatre so ordered to be closed shall be deemed an un- licensed house.' Now we, the justices assembled at such adjourned special session as aforesaid, do hereby make the following rules, for the purpose mentioned in the said recited Act, that is to say — That the theatre shall be closed every Sunday, Christmas Day, Good Friday, and days appointed for a public fast and thanksgiving, and on any occasion, when the magis- trates, for the preservation of the peace, shall signify their desire, in writing, to the manager or other person having at the time the care and management of the theatre, that the same shall not be opened. That the theatre shall be closed not later than twelve o'clock every night during the week, except on Saturday, when the same shall be closed at the hour of eleven o'clock at night. That police constables when dressed in uniform, or other constables when not so dressed, if known as such to the manager or his servants, shall be permitted to have free access to the theatre at all times during the hours of public performances ; and in case any disorder shall take place, the proprietor and manager or his servants shall and will assist the police to their utmost, in the capture or expulsion of the offending parties. That the proprietor and manager shall, to the best of their ability, maintain and keep good order and decent beha- viour in the theatre, during the hours of public perform- ance; and nothing shall be acted, represented, recited, or sung, which is licentious or indecent, or likely to pro- duce riot, tumult, or breach of the peace. That no children under twelve years of age shall be admitted into the theatre unless with parents or guardians, or under other proper control. For every breach of the above rules, the proprietor or manager shall forfeit and pay a penalty of five pounds. 168 APPENDIX. Sufficient means of ingress and egress to be provided for hotels and other public buildings. Eegulation of places for public dancing. BIRMINGHAM. By The Birmingham Corporation (Consolidation) A 1883 (46 & 47 Vict. c. lxx), it is provided :— ^ 40. — (1.) Every building, permanent or not, which, is u or intended to be used as an hotel, refreshment room, chin chapel, school or theatre, or other place of public amusem or entertainment, or for holding a large number of pers for any purpose, shall be provided with ample and conveni means of ingress and egress, regard being had to the purpc for which such building is used or intended to be used, f the number of persons likely to be assembled at the sa time therein. (2.) If the owner or occupier of any such building, ad the expiration of three months from the receipt of a noi from the surveyor to the effect that the corporation are satisfied with the sufficiency of the means of ingress and egi provided for such building, and specifying the alterations i additions which the corporation think necessary, shall a]] such building to be used for any such purpose as afores without his having first complied with the terms of the not: he shall for every such offence be liable 'to a penalty : exceeding fifty pounds. 133. For the regulation of places for public dancing, vox or other public entertainments of the like kind, the follow: provisions shall take effect (namely) : — (1.) A house, room or other place within the boroui licensed for the sale of wine, spirits, beer or ofc fermented or distilled liquors, and any room, gard or place connected or occupied therewith, shall : be kept or used for public dancing, music or oti public entertainment of the like kind withoul licence for all or some of these purposes first be: obtained from a majority of the justices of ■ borough assembled at their general annual licens: meeting or any adjournment thereof : (2!) Licences to keep or use houses, rooms, gardens or pla for all or some of the purposes aforesaid may granted on such terms and conditions and subjecl such restrictions as may be specified in the respect licences, and every licence shall be in force for < year, unless previously revoked : (3.) Any house, room, garden or place kept or used public dancing, music or other public entertainm of the like kind without such licence shall be deen a disorderly house, and the occupier of the same si LOCAL ACTS AND REGULATIONS. 169 be liable to a penalty not exceeding five pounds for every day on which the same is kept and used for any of the purposes aforesaid : (4.) There shall be affixed and kept up in some conspicuous place on the door or entrance of every house, room, garden or place so kept or used and so licensed as aforesaid the words following in large capital letters : " Licensed for music " (or as the case maybe) "in pursuance of Act of Parliament :" (5.) Any house, room, garden or place so kept or used, although so licensed as aforesaid, shall not be opened for any of the said purposes, except between the hours stated in the licence : (6.) The affixing and keeping up such words as aforesaid and the limitation of the hours of opening and regu- lations for the maintenance of good order shall be inserted in and made conditions of every such licence ; and in case of any breach of those conditions such licence shall be liable to be revoked by the order of a court of summary jurisdiction. There are no bye-laws. BLACKBUEN Has no special legislation ; but the Blackburn Improvement Act of 1882 (45 & 46 Yict. c. ccxliii), by sect. 19, imposes certain structural conditions on all buildings in the town. BOLTON. The Bolton Cobpoeation Act, 1872 (35 & 36 Vict. c. lxxviii), provides : — 108. For the regulation of places for public dancing or music, or other public entertainment of the like kind, the following provisions shall have effect (namely) : (1.) After the expiration of six months from the passing of this Act, a house, room, or other place licensed for the sale of wine, spirits, beer, or other fermented or distilled liquors, or a room, garden, or place, shall not be kept or used for public dancing, music, or other public entertainment of the like kind, or for 170 APPENDIX. billiards, bowls, skittles, or other game, without a licence for all or some of those purposes first ob- tained from the justices acting for the borough, for which licence the fee of five shillings shall be paid by the person applying for the same. (2.) Such justices may, under the hands of a majority of them assembled at any special session convened by fourteen days' previous notice, grant licences to such persons as they think fit to keep or use houses, rooms, gardens, or places for all or some of the purposes aforesaid, upon such terms and conditions and sub- ject to such restrictions as they by the respective licences determine ; and every licence shall be in force for one year, unless the same shall have been previously revoked as hereinafter provided. (3.) Such justices may from time to time at any such special session aforesaid, transfer any such licence to such person as they think fit. (4.) Each person shall in each case give seven days' notice to the clerk of the justices and to the chief constable of the borough, of his intention to apply for any such licence, or for the transfer of any such licence. (5.) Any house, room, garden, or place kept and used for public dancing, music, or other public entertainment of the like kind, without such licence first obtained, shall be deemed a disorderly house, and the person occupying or rated as occupier of the same shall be liable to a penalty, not exceeding five pounds for every day on which the same is kept and used for any of the purposes last aforesaid. (6.) There shall be affixed and kept up in some conspicuous place on the door or entrance of every house, room, garden, or place so kept or used, and so licensed as aforesaid, an inscription in large capital letters in the words following: "Licensed in pursuance of Act of Parliament for ," with the addition of words showing the purpose or purposes for which the same is licensed. (7.) Any house, room, garden or place so kept or used, although so licensed as aforesaid, shall not be opened for any of the said purposes, except between the hours stated in the licence. (8.) The affixing and keeping up of such inscription as aforesaid, and the limitation of the hours of open- ing, shall be inserted in and made conditions of every such licence. (9.) In case of any breach or disregard of any of the terms, conditions, or restrictions upon or subject to which LOCAL ACTS AND REGULATIONS. 171 the licence was granted, such licence shall he liable to he revoked by the order of any two justices. The Conditions of the Music Licence are : — That he put and keep up an inscription in large capital letters in the words following : ' Licensed in pursuance of Act of Parliament for "music," "dancing," "billiards," or " skittles," ' as the case may be, in some conspicuous place on the door or entrance of the said house, and do not wilfully or knowingly permit drunkenness or other disorderly conduct in the said house, and do not knowingly suffer any unlawful games therein, and do not knowingly suffer persons of noto- riously bad character to assemble and meet together therein, and do not open the said house for music, dancing, or play, or allow the same therein, after eleven o'clock in the evening or before six o'clock in the morning (unless he have a special licence enabling h to keep open h said house, and only during the time to which such special licence extends), of keep it open or allow any play therein on Sundays, Christmas Day, or Good Friday, or on any day appointed for a public fast or thanksgiving, and do not employ any paid or profes- sional musicians or singers or allow them gratuitously to perform upon the premises, but do maintain good order and rule therein. And this licence shall continue in force from the day of the date hereof for one year then next ensuing, and no longer, unless the same shall be revoked in manner provided by the 'Bolton Corporation Act, 1872.' The future grant of a similar licence is in the discretion of the justices. Given under our hands and seals, on the day and at the place first written. The justices have lately passed a resolution, after consider- ing the report of . the borough surveyor on public buildings, " That any future application for a licence to any of the premises therein condemned be not entertained by the justices until it is first proved to their satisfaction that ample accom- modation for access or egress is provided." -♦ — 172 APPENDIX. BEIGHTON. The following is the only provision in a local Act on this subject : — The Brighton Impkovement Act, 1884. Sect. 76. — Every public building shall be provided with ample and convenient means of ventilation and ingress and egress to be approved by the corporation : Provided always, that this section shall not apply to any barracks, public lunatic asylum, workhouse, prison or hospital. Sect. 5 provides (inter alia) as follows : — "Public building" means any building used or intended, constructed or adapted to be used either regularly or occa- sionally as a church, chapel or other place of public worship; or as college, school (not being merely a dwelling-house so used), theatre, public hall, public concert-room, public ball- room, public lecture-room, public exhibition room or public place of assembly, or used or intended, constructed or adapted to be used, either regularly or occasionally, for any other public purpose. There are no bye-laws on this subject. The Justices' (a) Eules are as follows : — 1. — The theatre shall be closed every Sunday, Christmas Day, Good Friday and days appointed for a public fast and thanksgiving. 2. — The theatre shall be closed every Saturday night at the hour of half-past eleven. 3. — Police-constables when dressed in uniform, or other ' constables when not dressed, if known as such to the manager or his servants, shall be permitted to have free ingress to the theatre at all times of public performance. 4. — The manager shall, to the best of his ability, maintain and keep good order and decent behaviour in the theatre during tne hours of public performance. 5. — For every breach of the above rules the manager shall forfeit and pay a penalty not exceeding five pounds. It may be added that the Hove Town Hall is licensed as a theatre. (a) According to the words of the Act, it is the Lord Chamberlain and not the justices who has jurisdiction in Brighton under 6 & 7 Vict. c. 68. See p. 29. LOCAL ACTS AND REGULATIONS. ' 173 CAMBEIDGE. The Cambridge Award Act, 1856 (19 Viet. c. xvii), pro- vides : — Sect. 17. — No occasional public exhibition or performance, whether strictly theatrical or not, other than performances in theatres, which are regulated by the Act sixth and seventh Victoria, chapter sixty-eight, shall take place within the borough (except during the period of Midsummer fair, or in the Long Vacation), unless with the consent in writing of the Vice-Chancellor and the Mayor, and every person who shall offend against this enactment shall be liable to forfeit a sum not exceeding twenty pounds, recoverable in like manner as penalties imposed by the said Act. The justices have not made any regulations. CAEDIFE Has a local Act requiring music-halls to be licensed ; see a case arising under this Act, p. 54. The following are the bye-laws : — Bye-Laws under the Cardiff Borough Act, 1862 (25 & 26 Vict. c. ccxxiii). At a special meeting of the council of the borough of Cardiff, held at the town hall, in the said borough, on "Wednesday, the 3rd day of September, in the year of our Lord 1862. Present — Eichard Lewis Eeece, William Alexander, Aldermen ; Charles Eedwood Vachell, Henry Clements, John Winstone, Edward Mason, Daniel Jones, William Nell, John Bird, Edward Whiffen, Hugh Bird, and Thomas Evans, Councillors ; Alderman Eichard Lewis Eeece in the chair. Eesolved — That the following bye-laws for regulating places for public dancing, music, or other entertainment within this borough, be made and adopted under the provi- sions of " The Cardiff Borough Act, 1 862." No person, without having first obtained a licence for that purpose, shall allow any exciseable liquor to be consumed in any house, room, garden, or place licensed for public dancing, music, or other entertainment. Every person who shall intend to apply for a licence for any house, room, garden, or place for public dancing, music, 174 APPENDIX. or other entertainment, shall give fourteen days' notice before the hearing of such intended application, stating therein his residence and description, with the name and situation of every such house, room, garden, or place ; such notice to he delivered to the superintendent of the Cardiff police, who shall cause a list of the applicants, with the particulars given hy them, to be affixed on the front door of the town hall seven days before the day appointed for the hearing. No person shall allow gaming, drunkenness, prostitution, or other disorderly or indecent conduct, or permit persons of notoriously bad characters to assemble and meet in any house, room, garden, or place for which a licence, as aforesaid, shall have been granted. The police of the said borough of Cardiff shall be per- mitted to have free ingress and egress at all hours to and from any such house, room, garden, or place, for which a licence, as aforesaid, shall have been granted. The sum of twenty shillings shall be paid for each licence, in addition to the fees authorized to be taken by the clerk to the justices, on the granting of spirit licences. Any person who shall commit a breach of, or shall not observe either of the above bye-laws, shall be liable to a penalty not exceeding five pounds for every breach for non- observance, at the discretion of the justices before whom he may be summoned.. Sealed with the seal of the said borough, the day and year above mentioned. CHESTER Has no special legislation. The justices have made the following rules, which provide for structural efficiency : — Theatre Ruies. (1.) The theatre shall be closed every Sunday, Christmas Day, Good Friday, Ash Wednesday, and on days appointed for public fast. (2.) The theatre shall be closed every Saturday night at the hour of eleven, and on other nights at half-an-hour past eleven o'clock. (3.) That no wine, beer or spirits shall be sold or con- sumed in the theatre save in refreshment-rooms provided for the purpose, and previously approved by the mayor for the LOCAL ACTS AND REGULATIONS. 175 time being and two justices of the city, and save only during the time when such theatre is open for performance therein. (4.) That no person be allowed to enter the theatre in a state of intoxication. (5.) That no prostitutes or known thieves be allowed to enter or remain in the theatre. (6.) That nothing be acted, recited, or sung, tending to bring into contempt the Christian religion ; nor anything which shall be in any shape offensive to public decency, nor anything calculated to produce tumult or riot or other breach of the peace. (7.) Police constables when dressed in uniform (or when not dressed in uniform), if known as such to the manager or his servants, shall be permitted to have free ingress and egress to and from the theatre at all times during the time of public performance. (8.) The manager shall maintain and keep good order and decent behaviour in the theatre during the hours of public performance. (9.) That all doors and barriers shall open outwards, and never be fastened during the time when the public are in the theatre. (10.) That during the time when the theatre is opened to the public all the approaches, staircases and passages within the building shall be kept entirely free from obstructions, and that no seats, whether movable or otherwise, shall be permitted in any of the alleys, gangways, or passages within that portion of the building set apart for the spectators. (11.) That the auditorium shall be lighted by one meter supply and the stage by another, and that such meters and all gas taps shall be guarded and out of the reach of the public, and if any other means of lighting be adopted the same shall be to the satisfaction of the borough surveyor. (12.) That all the means of exit shall be indicated in the several parts of the theatre in plain characters and in con- spicuous places. (13.) That no smoking shall be permitted within those portions of the theatre set apart for spectators. (14.) That a man shall be kept in attendance at all times during the performance to attend to the exits and gas meters and water supply. (15.) That a hose shall be kept in readiness at all times during the performance to connect with the water-plug inside the building, and to the satisfaction of the chief of the fire brigade ; and buckets shall always be kept ready filled with water behind the scenes. (16.) That no structural alterations shall be made with- 176 APPENDIX. out the sanction in writing of two justices in a petty sessional court assembled. (17.) That the borough surveyor, and any other person appointed by two of her Majesty's justices of the peace for the said borough, shall at all times have access to the theatre to inspect the same, and the foregoing rules for the safety of the theatre shall be carried out to his satisfaction. (18.) That these rules be printed, placed and kept in view in a conspicuous part of each of the several stories within the theatre. (19.) Por every breach of the above rules the manager shall pay a penalty not exceeding five pounds. DEEBY. The Derby Improvement Act, 1879 (42 & 43 Yict. c. ccxv), provides : — 102. From and after the 1st day of September, 1880, no house, room, garden or place within the borough shall be kept or used for public dancing or music without a licence first had and obtained from the justices of the peace for the borough in petty sessions assembled (which licence such justices are hereby authorized and empowered at their discre- tion to grant) on their general annual licensing day or on any transfer day, and under the hand and seals of a majority of the justices there assembled, and any house, room, garden or place kept and used for any such purposes as aforesaid with- out such licence first had and obtained shall be deemed a disorderly house, and the person occupying or rated as the occupier of the same shall, on conviction before any two of such justices, be liable to a penalty not exceeding five pounds for every day on which he shall so offend : Provided always, that in order to give public notice what places are licensed pursuant to this Act, there shall be affixed and kept up in some conspicuous place on the door or entrance of every- house, room, garden or place kept or used for any of the said purposes, and so licensed as aforesaid, an inscription in large capital letters of such dimensions as shall be prescribed in such licence in the words following: "Licensed for music" (or dancing, or both, as the case may be) "pursuant to Act of Parliament," and no such house, room, garden or place kept or used for any of the said purposes, except between the hours stated in the licence, and the affixing and keeping up LOCAL ACTS AND REGULATIONS. 177 such inscription as aforesaid, and the said limitation in point of time shall. he inserted in and made a condition of every-" such licence ; and in case of any breach of any of the condi- tions of any such licence, such licence shall be liable to be forfeited and revoked by the justices of the peace for the borough in petty sessions assembled on any general licensing day, or on any transfer day or adjournment thereof, or to be suspended and temporarily revoked until the next general annual licensing day by two justices in any case in which it shall be proved to the satisfaction of such justices that more than one breach of such condition has occurred since the granting of such licence : Provided also, that it shall be lawful for any person who shall think himself aggrieved by any order of any such justices to appeal therefrom to the quarter sessions for the borough of Derby (which Court shall have power to hear and determine the same), whose order therein shall be final. DOVEE. The Town Hall is licensed under 6 & 7 Vict. c. 68. Rules made on the 2lst day of April, 1882, by her Majesty's Justices of the Peace of and for the Borough of Dover, for insuring order and decency at the several theatres, houses and places within the said borough, and also for regulating the times during which they shall severally be allowed to be 1st. — That no theatre, house or place licensed within the said borough shall be opened upon any Sunday, Christmas Day, Good Friday, or on any day appointed for a public fast or thanksgiving, neither shall any performance be allowed therein on any such days. 2nd. — That no theatre, house or place duly licensed as aforesaid shall be left open after twelve o'clock on Saturday nights. 3rd. — That all theatres, houses and places duly licensed as aforesaid shall be kept open only during such time or times of the year for which they shall be so respectively licensed, the aforesaid days always excepted. 4th. — Police-constables when in uniform, or when not in uniform, if known as such to the manager or his servants, shall be permitted to have free ingress to the building at all times during the hours of public performance. 5th. — That the managers of all theatres, houses and places T. N 178 APPENDIX. so licensed as aforesaid shall cause good order and rule to be kept therein. Lastly. — That such manager as aforesaid shall enter into a recognizance, himself in 50?. and two sureties of 251. each, for the due observance of these rules. FOLKESTONE Has no special legislation. Under the Public.Health Act of 1875, the corporation have made bye-laws imposing structural conditions on all build- ings. Bye-law 16 prescribes that the walls of public buildings shall be of a certain thickness proportional to their height, according to a scale laid down in the bye-law. There is no proper theatre in the town, but theatrical enter- tainments, &c, are performed in the town-hall, which is licensed under 6 & 7 Vict. c. 68. GLASGOW Has no special legislation, nor are music-halls licensed ; but the plans of all buildings to be erected or altered must pass the Dean of Guild Court, whose statutory powers are con- tained in the Glasgow Police Act, 1866. Rules and Regulations enacted by her Majesty's Justices of the Peace, acting in and for the Lower Ward of Lanark- shire, for insuring order and decency at the ■ Theatre. First. — The responsible manager shall affix and keep ex- posed upon the front and on some conspicuous place over the doors of or entrance to the said theatre, an inscription in large Roman letters, painted either of a light colour upon a dark ground, or of a dark colour upon a light ground, in the words following : — " Licensed pursuant to Act of Parliament, 6 & 7 Victoria, chapter 68," and shall in like manner paint his christian and surname, and the words "responsible manager," immediately above the said inscription. Second. — The said theatre shall not be opened for the per- formance of any stage play, or for dancing, music, or for any other public entertainment on the Sabbath, or on any other day in the week set apart for public worship by lawful authority. LOCAL ACTS AND REGULATIONS. 179 Third. — The charge for the admission of any person to any part of the foresaid theatre, as a spectator of the performance, shall not be less than sixpence for each person, either for first, or second, or half-price. Fourth. — The entertainment shall not be continued later than half -past eleven o'clock at night, at which hour the public shall be excluded, and the theatre closed. Fifth. — The responsible manager shall maintain good order and decency, and shall not permit or suffer men or women of bad fame, or dissolute boys or girls, to enter the said theatre as spectators, or in any other character, and shall not permit any promenade of the spectators or audience to take place within the buildings or premises attached thereto. Sixth. — At each representation the responsible manager shall provide two constables, one of whom shall be a practical fireman, to be paid by him, who shall be approved, and be under the directions of the chief constable of the city of Glasgow, to attend at the said theatre, to insure that good order and decency shall be maintained therein. Seventh. — There shall be a separate and independent exit to the street from the several parts of the theatre, which shall be available at all times ; all angles in the lobbies, passages, and staircases shall be rounded, and all the doors of egress shall be kept open — that is, unlocked arid unbarred — throughout the whole representation. Eighth. — The gas supply pipe for the stage shall be quite independent of the supply pipe to the auditorium, and the gas lights in the lobbies and stairs shall likewise be supplied by means of an independent supply pipe; that oil lamps shall be placed throughout the whole building, including auditorium, stage, lobbies, and staircases, and continually kept burning during the whole representation ; that the drop scene or screen shall be composed of non-inflammable material, and the par- titions between the proscenium and auditorium shall be fire- proof. Ninth. — Before opening the outer doors for any representa- tion the responsible manager shall himself, or by a competent person appointed by him, inspect the whole theatre, and ascertain especially that the gas and oil lamps, and the water appliances for extinguishing fire, are in proper order. . This inspection shall be entered in a log-book, and signed by the person making the inspection, which log-book shall lie in the office of the pit cash-taker, and may be examined by any of the public at entering, or at any time during the representa- tion. Tenth. — A printed copy of these rules and regulations, signed by the clerk of the peace, shall be posted and kept n2 180 APPENDIX. exposed on the walls of the various parts of the lobbies and staircases of the theatre by the responsible manager; and that a copy be transmitted to the lord provost of the city for the information of the magistrates. Lastly. — The said responsible manager shall become bound to the extent of two hundred pounds, and find security by two cautioners to the extent of one hundred pounds each, for the due performance by him of the foresaid regulations, and for payment of any penalty or penalties he may be adjudged to pay for any act of contravention thereof ; and in case he shall violate or contravene any of the rules and regulations, or any part thereof, the licence shall be forfeited and shall be- come void and null in addition to such penalty. , Clerk of the Peace. HASTINGS Has no special legislation. The Justices' Rules are : — 1. The theatre shall be closed every Sunday, Christmas Day, Good Friday, and days appointed for a public fast and thanksgiving. 2. The theatre shall be closed every Saturday night at the hour of half-past eleven. 3. No spirituous liquors, wine, ale, beer, porter, cider, perry, or tobacco, shall be sold or disposed of in the theatre, or upon the premises. 4. Police constables when dressed in uniform, or other con- stables when not so dressed, if known as such to the manager or his servants, shall be permitted to have free ingress to the theatre at all times during the time of public performance. 5. The manager shall to the best of his ability maintain and keep good order and decent behaviour in the theatre during the hours of public performance. 6. For every breach of the above rules the manager shall forfeit and pay a penalty not exceeding 51. LOCAL ACTS AND REGULATIONS. 181 LEEDS. The Leeds Impeovement Act, 1842 (5 & 6 Vict. c. civ.), provides : — COXL. — And be it enacted, that it shall be lawful for any Power tc justice, by order in writing, to authorize the head constable enter un or any superintendent or inspector belonging ' to the police licensed force in the borough, with such constables as he may think Jotakea necessary, to enter into any house or room kept or used within persons i the borough for stage plays or dramatic entertainment, or for there. any public show or exhibition, into which admission is obtained by payment of money, and which is not a licensed theatre, or a room or place authorized by the mayor to be used for that purpose, at any time when the same shall be open for the reception of persons resorting thereto, and to take into custody all persons who shall be found therein 'without lawful excuse; and every person keeping, using or knowingly letting any house or other tenement for the purposes aforesaid, or any of them, shall be liable to a penalty not more than twenty pounds, recoverable before any two justices, and in default of pay- ment of the penalty awarded, and costs, may be committed to the house of correction, with or without hard labour, for a term not more than two months, and every person performing or being therein without lawful excuse shall be liable to a penalty not more than forty shillings ; and a conviction under this Act for this offence shall not exempt the owner, keeper or manager of any such house, room or tenement from any penalty or penal consequences to which he may be liable for keeping a disorderly house or for the nuisance thereby occasioned; provided that the onus of proving that such place is a licensed theatre shall be upon the person keeping the same. [Note. — The mayor occasionally exercises the power given to him by this section in favour of special dramatic perform- ances in unlicensed rooms, and also occasionally in favour of travelling theatres in booths.] The Leeds Impeovement Act, 1866 (29 & 30 Vict. c. clvii.), provides : — 101. After the expiration of six months after the passing Power t< of this Act no house, room or other place licensed for the sale licence i of wine, spirits, beer or other fermented or distilled liquors, * or r ? usi and no room, gardens or place shall be kept or used for danoln & 182 APPENDIX. malty for eping un- ensed ices for asio or ncing. public dancing, music or other public entertainment of the like kind without a licence lor all or some of those purposes first obtained from two justices ; and such justices may at any special sessions, convened by fourteen days' previous notice, grant licences to such persons as they shall think fit to keep or use such rooms, gardens or places for public dancing, music or other public entertainment of the like kind upon such terms and conditions and subject to such restrictions as they shall by such licence determine, and such licence shall be in force for one year ; and such justices may from time to time, at any such special session as aforesaid, transfer any such licence to such person as they shall think fit, and such person shall in each case give seven days' notice to the town clerk of his intention to apply for such licence or for the transfer of such licenee. 102. The person occupying or rated as the occupier of any house, room, garden or place which after the expiration of six months after the passing of this Act shall be kept and used for public dancing, music or other public entertainment of the like kind without such licence first had and obtained, shall forfeit not exceeding five pounds for every day on which the same shall be kept and used, for any of the purposes last aforesaid: Provided always, that in order to give public notice what places are licensed pursuant to this Act there shall be affixed and kept up in some conspicuous place on the door or entrance of such house, room, garden or place kept or used for any of the said purposes, and so licensed, as afore- said, an inscription in large capital letters in the words following: " Licensed pursuant to Act of Parliament;" and no such house, room, garden or place kept or used for any of the said purposes, although licensed as aforesaid, shall be opened or kept opened for any of the said purposes except between the hours stated in the licence ; and the affixing and keeping up of such inscription as aforesaid, and the said limitation in point of time, shall be inserted in and made con- ditions of every such licence ; and in case of any breach of either of the said conditions such licence shall be liable to be forfeited and revoked by any two justices : Provided also, that it shall be lawful for every person who shall think him- self aggrieved by any order of such justices to appeal there- from to the quarter sessions in the manner and subject to the provisions hereinafter contained relative to appeals to quarter sessions from any order of justices. LOCAL ACTS AND REGULATIONS. 183 The following is the Form of the Licence for Public Music, &o. : — Borough of Leeds, \ At a special sessions of her Majesty's in the > justices of the peace in and for the County of York. ) borough of Leeds, duly convened and held in the Town Hall in Leeds, in and for the said borough, on the day of , 188 — . "Whereas, in and by the Leeds Improvement Act, 1866, it is enacted that after the expiration of six months after the passing of that Act, no house, room, or other place licensed for the sale of wine, spirits, beer, or other fermented or distilled liquors, and no house, room, garden or place shall be kept or used for public dancing, music, or other public entertainment of the lite kind without a licence for all or some of those purposes first obtained from two justices ; and such justices may at any special sessions, convened as therein mentioned, grant licences to such persons as they shall think fit to keep or use such house, room, garden or place for public dancing, music or other public entertainment of the like kind upon such terms and conditions, and subject to such restrictions as they shall by such licence determine, and such licence shall be in force for one year, and such justices may from time to time at any such special sessions as aforesaid, transfer any such licence to such person as they shall think fit. Now, we the said justices being assembled in special sessions as aforesaid, and being a majority of such justices, upon application duly made to us, do hereby grant a licence to and authorize to keep and use one room called the in a certain house and jpremises,- occupied by h situate in in the said borough, called or known as the for public music, therein from the day of the date hereof until the 1st day of January next, upon and sub- ject to the following terms, conditions and restrictions, that is to say, . That the said room so licensed as aforesaid shall not for any purpose for which the same is licensed be open before eight o'clock in the forenoon, nor continue open after eleven o'clock at night on any day, nor shall any such music, be permitted therein at any hour or time whatsoever on Sun- day, Good Friday, or any day appointed by authority for a public fast or thanksgiving. That whilst such room shall be opened for any of the purposes aforesaid, no drunken or disorderly person, and no (a.) If the licence be for dancing;, insert here " That on Christ- mas Day no public dancing be permitted." 184 APPENDIX. common prostitute, shall be permitted to enter or remain therein, no drunkenness or other disorderly conduct or pro- ceedings, no unlawful games or gaming whatever, and no obscenity or profanity shall he permitted therein, but good rule and order shall be kept and maintained. That the chief constable of the borough of Leeds and any police officers shall be permitted at all times to enter and remain in and upon the room so licensed for all or any of the hours or times during which this licence shall be in force. That the words " Licensed pursuant to Act of Parlia- ment," in large capital letters, shall, whilst this licence con- tinues in force K be affixed and kept up in some conspicuous place on the door or entrance of the said room hereby licensed. Given under our hands at Leeds in the said borough, in special sessions aforesaid, on the -day and year first hereinbefore mentioned. The justices have also (in 1876) passed a resolution, " That no new licence for music or dancing be granted in respect of any room which has a less superficial area than four hundred feet and a less height than ten feet ; and that the justices at future licensing meetings be requested to take into "their consideration whether certain of the existing licences should be continued by way of renewal or transfer, having regard to the size and suitability of the room in respect of which such renewal or transfer may be applied for." Under various local Acts the following Bye-Laws have been made by the Corporation : — 2. "Public building" means a building used or constructed or adapted to be used either ordinarily or occasionally as a .... theatre, public hall, public concert-room, public ball- room, public ieeture-room, or public exhibition-room, or as a public place of assembly for persons admitted thereto by tickets or otherwise,_ or used or constructed or adapted to be used either ordinarily or occasionally for any other public purpose. 30. The person erecting any building of public entertain- ment or resort, or any church, chapel, or place for holding religious meetings, shall cause such building to be provided with ample means of ingress and egress. Such person shall cause all doors to such building used by the public to be made to open outwards, but so that they shall not extend over the footway of any street. LOCAL ACTS AND REGULATIONS. 185 31. The person erecting any building of public entertain- ment or resort, or any church, chapel or place for holding religious meetings, shall cause such building, church, chapel, or place to be provided with adequate means of ventilation. See, too, bye-law 62, EtriES made by her Majesty's Justices of the Peace for the 'Borough of Leeds, assembled at a special licensing sessions on the 24th day of October, 1878, for insuring order and decency in licensed theatres within the said borough, and for regulating the times during which such theatres shall be allowed to be open, pursuant to the Act 6th and 1th Vict, chap. 68. 1. That there shall be no performance in any theatre on Sundays, Christmas Days, Good Fridays, or any days appointed by authority for public fast or humiliation. 2. That each theatre be closed not later than half-past eleven o'clock each night, except Saturday nights, when'the same shall be closed not later than eleven o'clock. 3. That no exciseable liquors, wine, ale or porter be sold or consumed, or tobacco smoked within that part of a theatre set apart for spectators. 4. That no person be permitted to enter or continue within a theatre in a state of intoxication. 5. That all persons who may be guilty within a theatre of any breach of the peace, tumult, or disorder, or of any violent language or demeanour, calculated or having a tendency to excite any -breach of the peace, tumult, or disorder, or of any indecent, obscene, or blasphemous language, be forthwith removed therefrom. 6. That nothing be acted, recited, sung, or exhibited in a theatre, of a seditious, obscene, or indecent nature, or calcu- lated to bring the Christian religion into contempt, or to excite any breach of the peace, tumult, or disorder. 7. That no common prostitute be permitted to enter or continue within a theatre. 8. That good rule and order be preserved within each theatre to the utmost of the power of the manager and his servants and others having any charge or superintendence thereof. 9. That any number of police officers for this borough be permitted while on police duty to enter and continue within each theatre. 10. That two copies of every play bill and advertisement of every theatrical entertainment be left at the head police 'office, in Leeds, not later than eleven o'clock in the morning 186 APPENDIX. .of the day on which the entertainments therein respectively mentioned shall take place. 11. That each theatre be closed, and all entertainments therein cease at any time when any riot or tumult happens, or is expected to happen, upon notice in writing, under the hand of any two justices of the peace for this borough, either given to the manager, or left at the theatre with any of the officers or servants there ; and the theatre shall not he re- opened, nor any entertainment therein resumed during the time specified in such notice. 12. That during the time when a theatre is open to the public all the approaches, staircases and passages within the building be kept entirely free from obstructions ; and that no seats, whether moveable or otherwise, be permitted in any of the alleys, gangways, or passages within that portion of the building set apart for spectators. 13. That these rules be published and continued in a conspicuous place within each theatre. LEICESTEE. The Leicester Corporation Act, 1884 (47 & 48 Vict, c. xxxii.), provides i' — Places for Dancing, Singing, Music, and other Entertainments to be Licensed. 7. For the regulation of places for public dancing or music, or other public entertainment of the like kind, the following provisions shall have effect (namely) : — (1.) After the expiration of six months from the passing of this Act, a house, room, garden, or other place, whether or not licensed for the sale of wine, spirits, beer, or other fermented or distilled liquors, shall not be kept or used for public dancing, singing, music, or other public entertainment of the like kind, without a licence for the purpose or purposes for which the same respectively is to be used first obtained from the justices acting for the borough, for which licence and for the registration thereof, a fee of one shilling shall be paid by the person applying therefor ; (2.) Such justices may under the hands of a majority of them assembled at any annual licensing meeting, or at any special session convened with fourteen days' previous notice, grant licences to such persons as LOCAL ACTS AND REGULATIONS. 187 they think fit to keep or use houses, rooms, gardens, or places for all or any of the purposes aforesaid, upon such terms and conditions, and subject to such restrictions as they by the respective licences deter- mine, and every licence shall be in force for one year, or for such shorter period as the justices in the grant of the licence shall determine, unless the same shall have been previously revoked as hereinafter provided ; (3.) Such justices may from time to time at any such special session aforesaid, or at any special session appointed for the transfer of ale-house licences, transfer any such licence to such person as they think fit ; (4.) Each person shall in each case give fourteen days' notice in writing to the clerk of the justices, and to the head constable of the borough, of his intention to apply for any such licence, or for the transfer of any such licence ; (5.) Any house, room, ga/den, or place kept or used for any of the purposes aforesaid without such licence first obtained, shall be deemed a disorderly house, and the person occupying or rated as occupier of the same shall be liable to a penalty not exceeding five pounds for every day on which the same is kept or used for any of the purposes last aforesaid ; (6.) There shall be affixed and kept up in some conspicuous place on the door or entrance of every house, room, garden, or place so kept or used, and so licensed as aforesaid, an inscription in large capital letters in the words following, " Licensed in pursuance of Act of Parliament for ," with the addition of words showing the purpose or purposes for which the same is licensed ; (7.) Any house, room, garden, or place so kept or used, although so licensed as aforesaid, shall not be opened for any of the said purposes, except on the days and between the hours stated in the licence ; (8.) The affixing and keeping up of such inscription as aforesaid, and the observance of the days and hours of opening, shall be inserted in and made conditions of every such licence ; (9.J In case of any breach or disregard of any of the terms or conditions upon or subject to which the licence was granted, the holder thereof shall be liable to a penalty not exceeding ten pounds, and to a daily penalty not exceeding five pounds, and such licence shall be liable to be revoked by the order of any two justices'; 188 APPENDIX. (10.) No notice need be given under sub-section (4) of this section when the application is for a renewal of an existing licence held by the applicant for the same premises ; (11.) The justices in any petty sessions may, if and as they think fit, grant to any person applying for the same, a licence to keep or use any house, room, garden, or place for any purpose within the meaning of this section for any period less than seven days, which they shall specify in such licence, notwithstanding that no notices shall have been given under sub- section (4) of this section. Premises Licensed for Sale of Intoxicating Liquors not to be altered without the consent of the Justices. 8. No person who has obtained any licence to sell any intoxicating liquor at any place in the borough for consump- tion on the premises shall, after the passing of this Act, alter (externally), or shall extend, add to, or take from the premises to which such licence applies, except with the previous consent in writing of the majority of justices assembled at a special session held for the purpose of transferring ale-house licences under their hands ; and any person who shall offend against this enactment shall be liable to a penalty not exceeding ten pounds, and to a further penalty not exceeding forty shillings for every day during which such offence shall continue after conviction therefor. Provided that penalties under this sec- tion and any other enactment for the same offence shall not be cumulative. LIVEEPOOL , Has no special legislation. The Justices' Exiles are — 1 . That no theatre shall be open for the performance of stage plays on any occasion when the magistrates, for the pre- servation of the peace, may signify their desire, in writing, to the manager or other person having at the time the care and management of such theatre, that the same should not be opened. 2. That there shall be no performance of any stage plays in any theatre on Sunday, Christmas Day, Good Friday, or any day appointed for a national fast. 3. That the several theatres shall be closed not later than twelve o'clock every night during the week except on Saturday night, when the same shall be closed at eleven o'clock. LOCAL ACTS AND REGULATIONS. 189 4. That nothing shall be acted, represented, recited or sung, which is licentious or indecent or likely to produce riot, tumult or breach of the peace. 5. That no person be permitted to enter or continue within a theatre in a state of intoxication. 6. That during the time when a theatre is open to the public, all the approaches, staircases and passages within the building shall be kept entirely free from obstructions, and that no seats, whether moveable or otherwise, shall be* per- mitted in any of the alleys, gangways or passages, within that portion of the building set apart for spectators. 7. That all doors and barriers shall open outwards, and never be fastened during the time when the public are within the theatre. 8. That all gas taps shall be guarded and out of the reach of the public in all passages, staircases and other parts of the theatre to which the public are admitted. 9. That all the means of exit shall be indicated in the several parts of the theatre by printed placards, in plain characters, in conspicuous places. 10. That no smoking shall be permitted within those por- tions of a theatre set apart for spectators. 11. That no exciseable liquors, wine, ale or porter, be sold or consumed in any theatre, except in the refreshment rooms thereof, and only to the audience and company engaged in the theatre, when the theatre is open for performance therein. 12. That the police shall have free access to any licensed theatre, and in case any disorder shall take place the pro- prietors shall, by themselves and their servants, assist to the utmost in the capture or expulsion of the offenders. 13. That these rules be printed, placed and kept in view in a conspicuous part of each of the several storeys within ,each theatre." MANCHESTEE. At a special session of the justices of the peace, acting in and for the borough of Manchester, in the county of Lancaster, holden at the Court House, in Brown Street, Manchester, in the said* borough, on the 25th day of October, in the year of our Lord 1843, for granting licences to houses within the said borough for the per- formance of stage plays. That no theatre, within the said borough, shall be open 190 APPENDIX. for the performance of stage plays, or for any purpose what- soever, during Passion week, nor on any occasion when the magistrates for the preservation of the peace may signify their desire in writing to the manager, or other person having at the time the care and management of such theatre, that the same should not be open. That the several theatres shall he closed not later than twelve o'clock every night during the week, except on Satur- day night, when the same shall be closed at eleven o'clock. That no common prostitutes or known thieves shall be admitted into, or permitted to remain in, any of the said theatres. And any manager or other person having the care and management of any theatre, who shall make default in com- pliance with these rules or either of them, shall forfeit and pay for such offence a sum not exceeding twenty pounds. Note. — At a meeting of the justices held the 2nd day of October, 1866, it was resolved — "That such portions of the rules as restrict the opening of a theatre during Passion week be rescinded." At a meeting of the justices held on the 4th day of November, 1870, it was resolved — " That no wine, beer or spirits shall be sold or consumed in any theatre save in refreshment-rooms provided for the purpose and previously approved by the mayor for the time being, and two justices of the city, and save only during the time when such theatre is open for performance therein." NORWICH. The Justices have made the following Rules, which are annexed to the licence. A form of application for a licence is also given. The following is a copy of Licence : — City of Norwich \ At a special session of her Majesty's and County of I justices of the peace acting in and for the same City, I the said city and county at the petty to wit. ; sessional court house in the Guildhall in and for the said city and county, on Thursday, the 15th day of March, in the year of our Lord 1883, for the purposes of granting licences to houses for the performance of stage plays in pursuance of the sixth and seventh years of her present Majesty, intituled "An Act for Regulating Theatres." LOCAL ACTS AND REGULATIONS. 191 "We the undersigned, being four of her Majesty's justices of the peace acting in and for the said city and county present at this special sessions, do hereby license, authorize and empower one W. H., he being the actual and responsible manager of a certain company of theatrical players, to have and keep open a certain building called the situate at in the said city and county as and for a place of public resort for the public performance of stage plays under the provisions of the statute aforesaid for the space of twelve calendar months from the 26th day of March instant, provided that the said W. H. do observe and keep the rules for insuring order and decency at and in the said theatre so licensed by us, the said justices, and for regu- lating the times during which the said theatre shall be allowed to be open, a copy of which rules is on the back of this licence, pursuant to the statute in that case made and provided. Given under our hands and seals at the special sessions above mentioned. (L.B.) This licence was immediately after the signing thereof publicly read in open Court by me, the undersigned, together with the names of the justices subscribing the same. : — Clerk to the justices of the said city and county. Euxes in force during the currency of the within Licence : — 1. The theatre shall be closed every Sunday. 2. The theatre shall be closed every night at the hour of eleven o'clock. 3. No spirituous liquors, wine, ale, beer, porter, cider or perry shall be sold or disposed of in the theatre or upon the .premises. 4. No tobacco shall be consumed, sold or disposed of in the theatre or "upon the premises during the time of public performance. 5. Police constables when dressed in uniform, or other con- stables when not 60 dressed, if knowii as such to the manager or his servants, shall be permitted to have free access to the theatre at all times during the times of public performance. 6. The manager shall, to the best of his ability, maintain and keep good order and decent behaviour in the theatre during the hours of public performance. 7. For every breach of the above rules the manager shall forfeit and pay a penalty not exceeding five pounds. 192 appendix. Eorm of Application fob a Licence. To Clerk to the Justices of the City and County of the City of Norwich. I, the undersigned W. H. of in the parish of in the city of Norwich being the actual and responsible manager of a certain company of amateur theatrical performers, and also the actual and responsible manager of certain buildings known as situate in the parish of in the city of Norwich, do hereby in pursu- ance of and by virtue of the Act of Parliament of the sixth and seventh years of the reign of her present Majesty, entitled " An A°t for Regulating Theatres," give you notice that I intend to make application at a special session to be holden in and for the said city and county to the justices of the peace assembled thereat for a licence to be granted unto me for the performance of stage plays in the buildings above mentioned and known as in the said parish of in the city of Norwich for the space of twelve months from the twenty-sixth day of March inst., and I respectfully request that you will within twenty-one days after this application appoint a day for holding a special sessions in the said city and county for the purpose of granting unto me such licence, and that you will give notice of the holding of such session to each of the justices within the said city and county pursuant to statute aforesaid. Witness my hand the day of . Signed by the said "W. H., in the presence of us, ] the undersigned, two of her Majesty's justices I "W. H. of the peace in and for the said city and county ) NORTHAMPTON Has no special legislation. The Pules attached to Licence are — 1 . The theatre shall be closed for theatrical representations every Sunday, Christmas Day, Good Friday, and days appointed for public fast and thanksgiving. 2. That the theatre shall be closed every night at the hour of eleven. 3. Police constables when dressed in uniform, or other constables when not so dressed, if known as such to the manager or his servants, shall be permitted to have free ingress to the theatre at all times during the time of public perform- LOCAL ACTS AND KEGULATIONS. 193 4. That the manager shall, to the best of his ability, maintain and keep good order and decent behaviour in the theatre during the hours of public performance. 5. Refreshments to be sold in the theatre only during the hours of performance and only to the audience and com- pany engaged, in the house. 6. For every breach of the above rules the manager shall forfeit and pay a penalty not exceeding five pounds. OLDHAM. The Justices' Rules are as follows : — 1st. — That each theatre shall close at half-past eleven o'clock in the evening, except on Saturday night, when the theatre shall close at eleven o'clock. 2nd. — That there be no performance on Sundays, Christ- mas Day, Good Friday, or any day appointed by public authority as a fast day. 3rd. — That no exciseable liquors or tobacco be sold or smoked within the theatre or the precincts thereof. 4th. — Police constables when dressed in uniform, or other constables when not dressed, if known as such to the manager or his servants, shall be permitted to have free ingress to the theatre at all times during the time of public performance. 5th. — The manager shall, to the best of his ability, main- tain and keep good order and decent behaviour in the theatre during the hours of public performance. 6th. — For every breach of the above rules, the manager shall forfeit and pay a penalty not exceeding 51. OXFORD Has no special legislation. The justices have adopted word for word the rules laid down in " Oke's Formulist." T. 194 APPENDIX. PLYMOUTH Has no special legislation. There is only one theatre, which is the property of the corporation. The Justices' Rules are : — 1. The theatre shall he closed every Sunday, Christmas Day, Good Friday, and days appointed for a public fast and thanksgiving, and during Passion week. 2. The theatre shall be closed every Saturday night at the hour of half-past eleven. 3. Police constables when dressed in uniform, or other constables when not so dressed, if known as such to the manager or his servants, shall be permitted to have free ingress to and egress from the theatre at all times during the time of public performance. 4. The manager shall not permit or suffer any person in a state of drunkenness to enter the theatre, nor shall the manager permit or suffer any person found drunk or smoking or committing a breach of the peace or otherwise misbehaving or conducting himself or herself contrary to good rule, order, and decency, to remain in the theatre, but the said manager shall (whether upon complaint made to him or not) forthwith cause such person to be removed from the theatre. 5. The manager shall maintain and keep good order and decent and proper behaviour in every part of the theatre (on and off the stage). 6. For every breach of the above rules the manager shall forfeit and pay a penalty not exceeding twenty pounds. PORTSMOUTH Has no special legislation, but the plans of all new buildings have to be submitted for approval, and the construction and means of exit from any such building as a theatre are points which are considered. LOCAL ACTS AND KEG ULATIONS. 195 ST. HELENS. St. Helens Improvement Act, 1869 (32 & 33 Vict. c. cxx), provides : — 805. For the regulation of places for public dancing or Regulation of music or other public entertainment of the like kind, the places for following provisions shall take effect, namely : — music" 1 and (1.) Any house or other place licensed for the sale of wine, other public spirits, beer, or other fermented or distilled liquors, entertain- er any room, garden, or place, shall not be kept or ments - used for public dancing, music, or other public en- tertainment of the like kind without a licence for all or some of those 'purposes first obtained from the justices acting for the borough : (2.) Such justices may, under the hands of a majority of them assembled at any special session convened by fourteen days' previous notice, grant licences to such persons as they think fit to keep or use houses, rooms, gardens, or places for all or some of the pur- poses aforesaid, upon such terms and conditions, and subject to such restrictions as they by the respective licences determine, and every licence shall be in force for one year : (3.) Such justices may from time to time at any such special session as aforesaid transfer any such licence to such person as they think fit : (4.) Each person shall in each case give seven days' notice to the clerk of the justices of his intention to apply for any such licence, or for the transfer of any such licence : (5.) Any house, room, garden, or place kept and used for public dancing, music, or other public entertainment of the like kind without such licence first obtained, shall be deemed a disorderly house, and the person occupying or rated as the occupier of the same shall be liable to a penalty not exceeding five pounds fbr • every day on which the same is kept and used for any of the purposes last aforesaid : (6.) There shall be affixed' and kept up in some conspicuous place on the door or entrance of every house, room, garden, or place so kept or used and so licensed as aforesaid, an inscription in large capital letters in the words following : " Licensed in pursuance of Act of Parliament": (7.) Any house, room, garden, or place so kept or used, although so licensed as aforesaid, shall not be opened o 2 196 APPENDIX. Power to enter upon unlicensed theatres, &o. for any of the said purposes except between the hours stated in the licence : (8.) The affixing and keeping up of such inscription as aforesaid, and the limitation of the hours of opening, shall be inserted in and made conditions of every such licence, and in case of any breach of either of those conditions such licence shall be liable to be revoked by the order of any two justices. 306. Any justice may by order in writing authorize any constable to enter into any building or part of a building, or any place kept or used, or suspected to be kept or used, for stage plays or dramatic entertainments into ■which admission is obtained by payment of money, and ■which is not a licensed theatre, at any time when the same is open for the reception of persons resorting thereto, and to take into custody any person found therein without lawful excuse ; and every person keeping, using, or knowingly letting any building or part of a building, or any place for the purpose aforesaid, or any of them, shall be liable to a penalty not exceeding twenty pounds ; and every person performing or being therein with- out lawful excuse, shall be liable to a penalty not exceeding forty shillings ; and the burden of proving that any such place is a licensed theatre shall be upon the person keeping the same. There are no bye-laws or justices' rules, but the Foem of the Music Licence is as follows : — Music, &o. Licence. In the Borough of Saint Helens : At a special session of her Majesty's justices of the peace for the said borough of Saint Helens, held at the court room, Town Hall, in Saint Helens, in the same borough, on the day of 188 — , for the purpose of granting licences for regulating, places for public dancing or music, or other public entertainment of the like kind, under the provisions of sect. 305 of " The St. Helens Improvement Act, 1869." We, the undersigned, being a majority of her Majesty's justices of the peace acting for the said borough at this special session, do hereby licence, authorize and empower to have and keep open a certain , known as the ^— ^— situated in the borough of Saint Helens aforesaid, for the purpose of being used for public dancing, music or other LOCAL ACTS AND REGULATIONS. 197 public entertainment of the like kind, upon and subject to the following conditions, viz. : — The said : — shall affix and keep up in some con- spicuous place on the door or entrance of the said an inscription in large capital letters in the words following : "Licensed in pursuance of Act of Parliament." The said shall not be opened or used for the purposes aforesaid on Sundays, nor during the time on any other day when the premises licensed under the Licensing Acts relating to inns, alehouses and beerhouses, are directed by such Licensing Acts to be closed. This licence shall be in force for one year from the date hereof. SALFOKD Has no bye-law or justices' rules, but it is provided by The Salfoed Improvement Act, 1862 (25 & 26 Vict. c. ccv.). 286. No house, room or other place licensed for the sale of Places for wine, spirits, beer or other fermented or distilled liquors, nor dancing, any room, gardens or place shall be kept or used for public m ^ S10 ' a ° d . dancing, music or other public entertainment of the like kind entertain- ° without a licence for all or some of those purposes first meats to be obtained from the justices acting for the borough ; and such licensed, justices may under the hands and seals of a majority of them assembled at any special session convened by fourteen days' previous notice grant licences to such persons as they shall think fit to keep or use such rooms, gardens or places for public dancing, music or other public entertainment of the like kind upon such terms and conditions and subject to such restrictions as they shall by such licence determine, and such licence shall be in force for one year ; and such justices may from time to time at any such special session as aforesaid transfer any such licence to such person as they shall think fit ; and such person shall in each case give seven days' notice to the clerk to the justices of his intention to apply for such licence or for the transfer of such licence. 287. Any house, room, garden or place kept and used for Penalty for public dancing, music or other public entertainment of the keeping like kind, without such licence first had and obtained, shall unlicensed be deemed a disorderly house, and the person occupying or ^q^ s ' ' rated as the occupier of the same shall be liable to a penalty not exceeding five pounds for every day on. which the same shall be kept and used for any of the purposes last aforesaid ; 198 APPENDIX. Appeal to Quarter Sessions. Provided always, that in order to give public notice what places are licensed pursuant to this Act there shall be affixed and kept up in some conspicuous place on the door or entrance of such house, room, garden x>r place kept or used for any of the said purposes, and so licensed as aforesaid, an inscription in large capital letters in the words following: " Licensed pursuant to Act of Parliament," and no such house, room, garden or place kept or used for any of the said purposes, although licensed as aforesaid, shall be opened for any of the said purposes, except between the hours stated in the licence, and the affixing and keeping up of such inscription as afore- said, and the said limitation in point of time shall be inserted in and made conditions of every such licence ; and in case of any breach of either of the said conditions such licence shall be liable to be forfeited and revoked by any two justices : Provided also, that it shall be lawful for every person who shall think himself aggrieved by any order of such justices to appeal therefrom to the quarter sessions in the manner and subject to the provisions hereinafter contained relative to appeals to quarter sessions from any order of justices. Power to 289. Any justice may by order in writing authorize any enter upon constable to enter into any building or part of a building or unlicensed an ^ pi ace ^ e ^ or use ^ or suspected to be kept or used for take away stage plays or dramatic entertainments or for any public show persons found or exhibition into which admission is obtained by payment of there. money, and which is not a licensed theatre, when the same shall be opened for the reception of persons resorting thereto, if any entertainment or exhibition is about to be commenced, or is or has been going on, and to take into custody all persons who shall be found therein without lawful excuse ; and every person keeping, using or knowingly letting any building or any part of a building, or any place for the purposes aforesaid or any of them, shall be liable to a penalty not exceeding twenty pounds, and in default of payment of the penalty and costs may be imprisoned with or without hard labour for not exceeding two months ; and every person performing or being therein without lawful excuse shall be liable to a penalty not exceeding forty shillings ; and a conviction under this Act for this offence shall not exempt the owner, keeper or manager of any such building or part of a building or place from any other penalty or penal consequences to which he may be liable ; provided that the onus of proving that such place is a licensed theatre shall be upon the person keeping the same. LOCAL ACTS AND REGULATIONS. 199 SCAEBOEOUQH Has no special legislation. The justices have no general rules, but deal with each case on its merits. It may be added that the corporation have lately inspected all the theatres, and have required important alterations, with a view to the public safety. In all cases the requirements of the corpora- tion have been complied with. SHEFFIELD. The Sheffield Coepobation Act of 1883 (46 & 47 Vict, c. lvii.) provides : — 87. That, except as hereinafter mentioned, every building which, after the passing of this Act, is intended to be used as an hotel, church, chapel, school or place of public amusement or entertainment, or for holding a large number of persons for any purposes, and which shall not have been in use for those purposes at the time of the passing of this Act, shall be provided with ample and convenient means of ingress and egress, regard being had to the purposes for which such building is intended to be used, and the number of persons likely to be assembled at the same time therein, and it shall not be lawful for the owner or occupier or person in charge of such building to allow the same to be used for any such pur- pose as aforesaid unless and until he has obtained a certificate, under the hand of the town clerk and the borough surveyor* that the corporation are satisfied with the sufficiency of the means of ingress and egress provided at such building, and any person who, being the owner or occupier or person in charge of such building, shall permit the same to be used for any such purpose as aforesaid without having previously obtained such certificate shall for every such offence be liable to a penalty not exceeding fifty pounds. Provided always, that any person who may be aggrieved by the withholding of the certificate of the town clerk and borough surveyor, or by an adverse decision of the corpora- tion under this section, may appeal to the Court of quarter sessions for the borough as if the refusal were an order of a Court of summary jurisdiction, and section thirty-one of the Summary Jurisdiction Act, 1879, shall apply and have effect accordingly. This section shall not apply in the case of any barracks, lunatic asylum, prison, hospital or railway station. 200- APPENDIX. 91. Subject to the provisions of this Act no house, room or other place licensed for the sale of wine, spirits, beer or other fermented or distilled liquors, nor any room, gardens or place shall be kept or used for public dancing, music, singing or other public entertainment of the like kind, without a licence for the respective purposes first obtained from the justices acting in the borough, and such justices may, under the hands and seals of a majority of them assembled at any special session for the granting or transfer of alehouse licences, grant licences to such persons as they shall think fit to keep or use such house, rooms, gardens or places for public dancing, music, singing or other entertainment of the like kind, upon such terms and conditions and subject to such restrictions as they shall by such licence determine, and such licence shall be in force for one year ; and such justices may from time to time, at any such special session as aforesaid, transfer any such licence to such person as they shall think fit, and such person shall in each case give seven days' notice to the clerk to the justices and to the chief constable of his intention to apply for such licence, or for the transfer of such licence, and shall also during such seven days cause notice of his intention to be affixed and kept up on some conspicuous place on the door or entrance of the premises to be licensed. Provided always that, in order to give public notice what places are licensed pursuant to this Act, there shall be affixed and kept up in some conspicuous place on the door or entrance of such house, room, garden or place kept or used for any of the said purposes and so licensed as aforesaid, an inscription in large capital letters in the words following, " Licensed for pursuant to Act of Parliament," and no such house, room, garden or place kept or used for any of the said pur- poses, although licensed as aforesaid, shall be opened for any of the said purposes except between the hours stated in the licence, and the affixing and keeping up of such inscription as aforesaid, and the observance of the hours of opening, shall be made conditions of every such licence, and provisions to that effect shall be inserted therein, and in case of any breach of either of the said conditions such licence shall be liable to be forfeited and revoked by any two justices (a). 92. The justices acting for the borough at any ordinary petty session may, on the application of the occupier of any nouse, room, or other place licensed for the sale of wine, spirits, beer or other fermented or distilled liquors, or of any room, gardens or place, grant a licence to such occupier to use the same for public dancing, music, singing or other public (a) The form of music licence and the conditions are given below. LOCAL ACTS AND REGULATIONS. 201 entertainment of the like kind for any particular day or night or days or nights, and upon such terms and conditions and subject to such restrictions as they shall think fit, and every such licence shall specify the particular day or night, days and nights, and the terms, conditions and restrictions for and upon which it is granted, and shall be signed by two at least of the said justices, and shall be called "an occasional licence," and every such occasional licence shall be in force only during the period for which it is granted. Twenty-four hours' notice to the clerk to the justices of the intention to apply for such occasional licence shall be suffi- cient, and no other notice either of the intention to apply for such licence, or of the granting thereof, shall be required, and it shall not be obligatory to place such inscription as aforesaid on the door or entrance of the premises. An occasional licence shall, while in force, be deemed equivalent to a licence granted under the last preceding section, but in case of any breach of the terms, conditions or restrictions specified therein the occupier of the premises in respect of which it was granted shall be liable to a penalty not exceeding ten pounds, and the licence, if granted for more than one day or night shall be liable to be forfeited and revoked by any two justices. 93. Any house, room, garden or place used for public dancing, music, singing or other public entertainment of the like kind without such licence or occasional licence, as the case may be, first had and obtained, shall be deemed a dis- orderly house, and the person occupying or rated as the occupier of the same shall be liable to a penalty not exceeding five pounds for every day on which the same shall be used for any of the purposes last aforesaid, and such person may, by order of the Court, be disqualified for obtaining any such licence as aforesaid during the period named in the order, but no proceedings for the recovery of such penalty or other- wise under this section shall be instituted except upon the information upon oath of a police constable. 95. Any justice may, by order in writing, authorize any constable to enter into any building, or part of a building, or any place kept or used, or suspected to be kept or used, for stage plays or dramatic entertainments, into which admission is obtained by payment of money, and which is not a licensed theatre, at any time when the same is opened for the recep- tion of persons resorting thereto, and to take into custody -any person found therein without lawful excuse. And every person keeping, using, or knowingly letting any building or part of a building, or any place for the purposes aforesaid, or 202 APPENDIX. any of them, snail be liable to a penalty not exceeding twenty pounds, and every person performing or being therein with- out lawful excuse shall be liable to a penalty not exceeding forty shillings, and if the person charged alleges that the building, part of a building, or place is a licensed theatre the burden of proving that it is a licensed theatre shall be upon the person keeping the same. 96. Any constable shall have power by virtue of his office at any time to enter any premises or other place of the following description, viz. : — .... (2) Any place to which the public are admitted by pay- ment, and used for the purpose of stage plays or dramatic, musical or other entertainments, or for any show, circus or exhibition : (3) Any music, singing or dancing saloon, hall or room, eating-house, coffee-house or other such place .... and therein aid in the preservation of order and in the restora- tion of order, in case of disturbance, and in carrying into effect the provisions of this Act, and every occupier or keeper of any such premises or other place, or other person having charge thereof who shall not admit such constable when required shall be liable to a penalty not exceeding ten pounds. Licence for Public Music, Public Singing, or for other Public Entertainment of the like kind to the above. The Sheffield Corporation Act, 1883. At a special sessions for the transfer of alehouse licences, holden at the Town Hall, Sheffield, on the day of , 188 — , for the borough of Sheffield : "We, the undersigned, , of her Majesty's justices of the peace acting for the said borough, and being the majority of those at the said special sessions assembled, Do hereby, pursuant to section 91 of "The Sheffield Cor- poration Act, 1883," grant to ~, of , in the said borough, , this licence to keep for public music and public singing, a room called the , in a house situate at , in the said borough, and known by the name or sign of the , and licensed for the sale of wine, spirits, and beer. This licence shall be in force for one year from the date thereof, and is granted upon the terms and conditions, and subject to the restrictions following, that is to say : — I. — That there shall be affixed and kept iip on some LOCAL ACTS AND REGULATIONS. 203 conspicuous place on the door or entrance of the said house, room, or place hereby licensed, and kept and used for any of the purposes aforesaid, an inscription in large- capital letters in the words following : ' ' Licensed for public music and public singing, pursuant to Act of Parliament." II. — That the said house, room, or place shall not be opened for any of the said purposes, except between the hours of twelve at noon and eleven at night, , unless otherwise specially allowed by an occasional licence under the said Act. TTT . — That the said house, room, or place hereby licensed shall not be opened for any of the purposes afore- said on Sunday or Good Friday. IV. — That drunkenness or other disorderly conduct shall not be permitted therein, nor shall any person be allowed to enter or continue therein when in a state of intoxication, nor shall prostitutes, reputed thieves, or persons of notoriously bad character be allowed to enter or continue therein. Y. — That there be no exhibition, recitation, acting, singing, or dancing which is of an obscene character, or is in any way offensive to public decency, or calculated to excite any breach of the peace, tumult, or disorder. VI. — That no lottery, unlawful game, or gaming of any kind whatever shall be permitted therein. Vli. — That any police officer being on duty be allowed to enter and remain in the room during the time of public performance. TIH. — That no young person under fourteen shall be ad- mitted to any performance, unless accompanied by his or her parent or guardian, or some adult person in charge of such young person, and bond fide believed by the person hereby licensed to have the sanction of such parent or guardian. IX. — That two justices of the said borough may at any time on complaint by a police officer of a breach of any of the foregoing terms, conditions, and restrictions, after summons to the person hereby licensed, by their order forfeit and revoke this licence, subject to such power of appeal as may be given by the said Act. Given under our hands and seals, at the sessions aforesaid. 204 APPENDIX. The Justices have made the following Rules : — Borough of She/- \ At a special session of the justices of the field, in the I peace, in and for the borough of Sheffield, West Riding of I in the West Eiding of Yorkshire, holden Yorkshire. ) at the town-hall, in Sheffield, in the said borough, on the 21st day of September, in the year of our Lord 1849, for the purpose of making suitable rules for insuring order and decency at the several theatres licensed by the justices within the said borough, and for regulating the times during which they shall severally be allowed to be open. Now we, the justices assembled at such special session as aforesaid, do hereby make the following rules for the purposes mentioned in the said recited Act, that is to say : — 1st. — That the name and place of abode of the manager of every theatre shall be printed on every playbill announcing any representation at such theatre. 2nd. — That every theatre 6hall be closed not later than twelve o'clock every night during the week, except on Saturday night, when the same shall be closed at half-past eleven o'clock. 3rd. — That no theatre, within the said borough, shall be opened for the performance of stage plays, or for any purpose whatsoever, on any occasion when the magistrates, in petty sessions assembled, may signify their desire, in writing, to the manager, or other person having at the time the care and manage- _ ment of such theatre, that the same should not be opened ; nor shall any theatre be so opened during Passion week, or on Christmas Day or Good Friday, or any fast day, or day appointed for a public thanksgiving. 4th. — That two policemen, to be approved of by two magis- trates, in writing, shall be kept on duty at every theatre during all the time for which the same shall on any evening or night be open, and the expense thereof shall be paid and borne by the manager of the theatre. 5th. — That no play, prologue, epilogue, or interlude, or any act, scene, or part thereof, shall be acted or repre- sented in any theatre, after the manager, for the time being, shall have been served with notice, in writing, signed by two of her Majesty's justices of the peace, acting for the said borough, requiring the same to be again submitted to the Lord Cham- berlain for his opinion, whether it is fitting for the preservation of good manners, decorum, or of the LOCAL ACTS AND REGULATIONS. 205 public peace, to forbid the acting or representing thereof. 6th. — That no common prostitute, reputed thief, or other notoriously disorderly person shall be knowingly admitted into, or permitted to remain in any theatre. 7th.— That the manager of every theatre shall, as far as in him lies, preserve the peace, and maintain ,good and decent order and behaviour therein at all times. Given under our hands at the special session aforesaid. SHEEWSBUEY. The Justices' Eules are as follows : — 1. The theatre shall be closed every Saturday night at the hour of half-past eleven. 2. No spirituous liquors, wine, ale, beer, porter, cider, perry or tobacco shall be sold or disposed of in the theatre or upon the premises. 3. Police constables when dressed in uniform, or other con- stables when not so dressed, if known as such to the manager or his servants, shall be permitted to have free ingress and egress to and from the theatre at all times during the time of public performance. 4. The manager shall, to the best of his ability, manage and keep good order and decent behaviour in the theatre during the hours of public performance. 5. For every breach of the above rules the manager shall forfeit and pay & penalty not exceeding five pounds. STOKE-UPON-TEENT. The following Etjxes have been made by the Justices for Staffordshire acting in the Petty Sessional Division of Pire- hill North, in which Stoke^upon-Trent is situated. There is no theatre in the town, but the Town Hall is licensed under 6 & 7 Vict. c. 68 :— EtTLES. 1. The theatre shall be closed every Sunday, Christmas Day, Good Priday, and days appointed for a public fast and thanksgiving. 206 APPENDIX. 2. The theatre shall he closed every Saturday night at the hour of half -past eleven. 3. No spirituous liquors, wine, ale, heer, porter, cider, perry or tobacco shall be sold or disposed in the theatre or upon the premises. 4. Police constables when dressed in uniform, or other con- stables when not so dressed, if known as such to the manager or his servants, shall be permitted to have ingress to the theatre at all times during the time of public performance. 5. The manager shall to the best of his ability maintain and keep good order and decent behaviour in the theatre during the hours of public performance. 6. For every breach of the above rules the manager shall forfeit and pay a penalty not exceeding five pounds. SWANSEA. Swansea Municipal Corporation Act, 1863 (26 Vict. c. xiii.), provides — 52. No house, room, booth or other place within the borough shall be kept or used for public dancing, music, dramatic or other public entertainment without a licence first had and obtained from the justices of the peace having jurisdiction within the borough (which said licence such justices are hereby authorized and empowered at their discretion to grant) on their general annual licensing day, and under the hands and seals of a majority of the justices then assembled; and any house, room, garden or place kept and used for such purposes as aforesaid, without such licence first had and obtained, shall be deemed a disorderly house ; and the person occupying or rated as the occupier of the same shall, on con- viction before any two justices, be liable to a penalty not exceeding ten pounds for every day on which he shall so offend: Provided always, that in order to give public notice what places are licensed pursuant to this Act there shall be affixed and kept up in some conspicuous place on the door or entrance of such house, room, garden or place kept or used for any of the said purposes and so licensed as aforesaid an inscription in large capital letters of such dimensions as shall be prescribed in such licence," in the words following : "Licensed pursuant to Act of Parliament," and no such house, room, garden or place kept or used for any of the said purposes, although licensed as aforesaid, shall be opened for any of the said purposes, except between the hours stated in the licence ; and the affixing and keeping up of such inscription LOCAL ACTS AND REGULATIONS. 207 as aforesaid, and the said limitation in point of time shall be inserted in and made conditions of every such licence ; and in case of any breach of either of the said conditions such, licence shall be liable to be forfeited and revoked by the justices of the peace having jurisdiction within the borough at any subsequent general annual licensing day or some adjourn- ment therefrom: Provided also, that it shall be lawful for every person who shall think himself aggrieved by any order of such justices to appeal therefrom to the general quarter sessions of the peace for the county of Glamorgan, which court shall have power to hear and determine the same, and the order of the said court therein shall be final. 53. The corporation from time to time may make such bye- laws, rules and regulations as they think fit for the good government and management of any house, room,, garden or place licensed under this Act for public dancing, music or other entertainment, and for the prevention of disorderly conduct therein, and may impose penalties for the breach or non-observance thereof not exceeding five pounds for each offence. The power to make bye-laws given to the local authority by sect. 53 has not been exercised by them. WAKEFIELD. By the Wakefield Improvement Act (40 & 41 Vict. c. cxcviii.) it is provided : — 77. No house, room, garden or place within the borough shall be kept or used for public dancing or music without a licence first had and obtained from the justices of the peace for the borough (which said licence such justices are hereby authorized and empowered, at their discretion, to grant) on their general annual licensing day, and under the hands and seals of a majority of the justices then assembled, and any house, room, garden or place kept and used for any such purposes as aforesaid without such licence first had and obtained shall be deemed a disorderly house, and the person occupying or rated as the occupier of the same shall on con- viction before any two justices be liable to a penalty not exceeding ten pounds for every day on which he shall so offend : Provided always that, in order to give public notice what places are licensed pursuant to this Act, there shall be affixed and kept up in some conspicuous place on the door or 208 APPENDIX. entrance of every house, room, garden or place kept or used for any of the said purposes, and so licensed as aforesaid, an inscription in large capital letters, of such dimensions as shall he prescribed in such licence, in the words following : "Licensed pursuant to Act of Parliament;" and no such house, room, garden or place kept or used for any of the said purposes, although licensed as aforesaid, shall be opened for any of the said purposes except between the hours stated in the licence, and the affixing and keeping up of such inscrip- tion as aforesaid, and the said limitation in point of time shall be inserted in and made conditions of every such licence; and in case of any breach of any of the said conditions of any such licence, such licence shall be liable to be forfeited and revoked by the justices of the peace for the borough at any general annual licensing day, or some adjournment therefrom, or to be suspended and temporarily revoked until the next general annual licensing day by two justices in petty sessions assembled in any case in which it shall be proved to the satis-- faction of such justices that more than one breach of such conditions has occurred since the granting of such licence : Provided also, that it shall be lawful for every person who shall think himself aggrieved by any order of any such jus- tices to appeal therefrom to the High Court of Justice (which Court shall have power to hear, and determine the same), whose order thereon shall be final. Under the same Act the corporation have made the fol- lowing Bye-laws, which, however, have not as yet been approved : — Borough op Wakefield. Suggested Bye-Laws to be made under the Wakefield Improve- ment Act, 1877, for the Regulation of places Licensed for Public Dancing or Music. 1. No room in any house or building shall be kept or used for public dancing or music which shall contain less than 5,000 cubic feet of space, and which shall be less than 12 feet from the floor of such room to the ceiling thereof. 2. The number of persons admitted into any licensed room whilst the same is being used for public dancing or music shall not he more than will allow in the part of such room not used or occupied by musicians or dancers, less than 9 square feet of floor space for each person so admitted. 3. No house, room, garden or place licensed for public dancing or music shall be used for such purposes on any Sunday, Christmas Day or Good Friday, or on any day nV > LOCAL ACTS AND REGULATIONS. 209 appointed for a public fast or thanksgiving, or on any polling day fixed for the election of -a member for the borough, or for the election of any person to any "corporate office" as defined by the Municipal Corporation Act, 1882. 4. _No house, room, garden or place licensed for public dancing or music shall be used for such purposes or either of them, before seven, nor after eleven o'clock in the evening. 5. No singing in dress differing from ordinary costume, and no stage performance or representation in character, shall be allowed in any such licensed house, room, garden, or place. 6. No person under sixteen years of age shall be admitted into any room licensed for public dancing or music situate in or adjoining any premises licensed for the sale of wine, spirits, beer, or other fermented or distilled liquors. 7. No person holding a music or dancing licence shall allow any drunken or disorderly person, common prostitute, con- victed thief, or person of notoriously bad character to remain in the room or place for which he. or she holds the licence. 8. Every person intending to apply to the justices for a licence shall, twenty-one days at the least before he applies, give notice of his intention to the chief constable and also to the borough surveyor, for the time being of the borough ; and shall in such notice set forth his name and address, and de- scribe the house, room, garden or place for which the applica- tion is made, and shall at the same time furnish a statement showing the size and dimensions of the room for which the licence is about to be applied. 9. No house, room', garden or place shall be licensed for public dancing or music unless the same shall be provided with ample and convenient means of ingress and egress re- spectively, to be approved by the corporation. 10. The inscription "Licensed pursuant to Act of Parlia- ment" required by the .seventy-seventh section of "The Wakefield Improvement Act," to be affixed and kept up in some conspicuous place on the door or entrance of every house, room, garden, or place kept, or used for the purpose of dancing or music, and so licensed, shall be in capital letters of hot less dimension than 1 J inch in height, and such inscrip- tion shall at all times during the continuance of licence be kept uncovered and unobliterated. 11. The holder of a licence for music or dancing shall at all times freely admit into the house, room, garden, or place for which such licence is held any police constable who shall at the time be on duty, and whether such constable be in uniform or plain clothes. 12. Every person offending against any of the bye-laws hereinbefore set forth, shall forfeit and pay for every such T. P 210 APPENDIX. offence, such, a sum of money, not exceeding five pounds, as shall be imposed by any two or more justices of the peace having jurisdiction in the matter, before -whom the person offending shall be summoned for any such offence as afore- said. WOLVEEHAMPTON. The Wolverhampton Improvement Act (32 & 33 Vict. c. cxxxi.) provides — 262. For the regulation of places for public dancing and music or other public entertainment of the like kind, the following provisions shall take effect, namely : (1.) A house, room or other place licensed for the sale of wine, spirits, beer or other fermented or distilled liquors, or a room, garden or place shall not be kept or used for public dancing, music or other place of public entertainment of the like kind without a licence for all or some of those purposes first obtained from the justices acting for the borough : (2.) Such justices may, under the hands of a majority of them assembled at any special session convened by fourteen days' -previous notice, grant licences to such persons as they think fit to keep or use houses, rooms, gardens or places for all or some of the purposes aforesaid, upon such terms and conditions and subject to such restrictions as they by the respec- tive licences determine ; and every licence shall be in force for one year : (3.) Such justices may from time to time, at any such special session aforesaid transfer any such licence to such person as they think fit : (4.) Each person shall in each case give seven days' notice to the clerk of the justices of his intention to apply for any such licence, or for the transfer of any such licence : (5.) Any house, room, garden or place kept and used for public dancing, music or other public entertainment of the like kind without such licence first obtained shall be deemed a disorderly house, and the person occupying or rated as the occupier of the same shall be liable to a penalty not exceeding five pounds for every day on which the same is kept and used for any of the purposes last aforesaid : (6.) There shall be affixed and kept up in some conspicuous place on the door or the entrance of every house, LOCAL ACTS AND REGULATIONS. 211 room, garden or place so kept or used, or so licensed as aforesaid, an inscription in large capital letters in the words following : " Licensed in pursuance of Act of Parliament " : (7.) Any house, room, garden or place so kept or used, although so licensed as aforesaid, shall not he opened for any of the said purposes except between the hours stated in the licenco :* (8.) The affixing and keeping up of such inscription as aforesaid and the limitation of the hours of opening shall he inserted in and made conditions of every such licence ; and in case of any breach of either of those conditions such licence shall be liable to be revoked by the order of any two justices. * By conditions imposed under sub-sect. 2, music-halls may be kept open from one o'clock till eleven and four times in the year until two o'clock in the morning, on twenty-four hours' notice being given to the chief constable of the said borough. Boys under sixteen are not to be admitted unless in charge of their parents or guardians. The justices have no regulations with regard to theatres or music halls, but that the following are the conditions upon which licences are granted : — The theatre shall be closed every night at eleven, and every Sabbath, Ghristmas Day and Thanksgiving Day. Police constables when dressed in uniform, and when not so dressed, if known as such to manager, shall be permitted to have free ingress to the theatre at all times during the hours of public performance. Manager to preserve decent order and behaviour at all times during the performance. WOECESTER Has no special legislation. The Justices' Rules are : — 1. The theatre shall be closed every Sunday, Christmas Day and Good Friday, and days appointed for a public fast and thanksgiving. 2. The theatre shall be closed every Saturday night at not later than the hour of half -past eleven. . 3. Police constables when dressed in uniform, or other p2 212 APPENDIX. constables when not so dressed, if known as such to the manager or his servants, shall he permitted to have free ingress to the theatre at all times during the time of public performance. 4. The manager shall, to the best of his ability, maintain and keep good order and decent behaviour in the theatre during the hours of public performance. 5. For every breach of the above rules the manager shall forfeit and pay a penalty of not exceeding five pounds. INDEX. Aberdeen, 161 Action, representation of, is a test of stage play, 18 limitation of [see Limitation] Adjourned Session, no music- licence to be granted at, 53 Admission, no charge for, 18, 49, 51 of public indiscriminate, 47, 48 right to give free, 113 right of, must be granted by deed, 65 et seq. Aeschylus' drama represented is a stage play, 18 Affixing on Door [see Notice] Ageeement, form of, 119 Air, fresh, means of supplying, 30 Alimentary, salary of comedian is, 119 Amatetjbs, 17, 18 Ancillary, music, to purpose [see Purpose] Appeal, from Lord Chamberlain, 24, 25 justices, 33 Commissioners, 30 Application for licence, 31 form of, 192 Arbitration as to structure, 40 [see Precedent, 121] Architect of Metropolitan Board, 40, 41 Arrears of salary, 115 Arrest, right to, 42, 45, 46, 56, 131, 132, 135 Assault, 131, 132, 138 214 INDEX. Ball Boom, public, 41 Ballet dAction is stage play, 21, 22 divertissement is not, 21, 22 does not require licence, 23 Band may be a nuisance, 57 Bankruptcy of performer, 117 Bath, patent theatre at, 26 Beating a performer no cause of action for manager, 126 Benefit must.be asked for, 113 BlRKENHEAD, 164 Birmingham, 168 Blaokburn, 169 Blackeriars Theatre, 4, 6 Bolton, 169 Booth, is not a theatre, 15 police can remove, 42 Box, right of admission must be secured by deed, 67 et seq. rateable as a tenement, 78 Brandram's, Mr., recitals are stage plays, 23 Brighthelmstone, 9, 10, 29, 172 Brighton, 9, 10, 29, 172 Aquarium, 37, 38 Bristol, patent theatre at, 26 Building, public, what is, 41 structural efficiency of, 29, 33, note (/), 38 Burbage, 4 Burletta is stage play, 18, 22 Burning in ear [see Whipping] Bye-laws must be reasonable, 33 INDEX. 215 Cambridge, 7, 10, 28, 29, 173 Canterbury Theatre of Varieties, 23 Caravan, illegal to exhibit in, 30, 45 is not a theatre, 15 offence to perform in, 35 police may remove, 42 Cardiff, 54, 173 Carriage [see Traffic and Obstruction] Catholic Drama, 7 Causing performance, 34, 35 Censorship [see Chamberlain and Stage Play] Chamberlain, Lord, jurisdiction over theatres, 4, 8, 10, 12, 13, 27, 28, 29 censorship of plays, 23, 24, 25 Chancellor of Universities, 29 Changing Seat, 74, 75 Character, inquiry into, 32, note («), 39 private, of performer, no ground for hissing, 138 Charity, performance for, 17 Chester, 174 Child under 14 [see Dangerous Performance] Church, acting in, 1 Circus, 48 (b) Clapping may be nuisance, 38 Closing Theatre, 28, 32, 33 on Sunday [see Sunday] Colet Dean, 1, 3 Collier, Payne, Mr., 25 Comedian, 13 Comedy is stage play, 18 Communication, internal, with theatre, 43 216 INDEX. Completion of theatre, 40 Consecutive train of ideas test of stage play, 21 Consent of father to engagement of child, 110 Conspieaoy, to hiss actor is actionable, 135, 136 to seduce actress is indictable, 138 Constable [see Arrest — Police] Converting: theatre to non-theatrical purposes, 75 Copt, of play to be sent to Lord Chamberlain, 23 of rules to be annexed to licence, 32 Copyright Acts, 19 Corridors, 41 Costs, jio jurisdiction of justices to give, 35 Covent Garden, a patent theatre, 8, 9, 10, 26, 55 Promenade Concerts at, 27 Criterion Theatre, 43 Crowd assembling and remaining is nuisance, 57 Custom, theatrical, 116 Dagger Dance is a stage play, 21 Dancing, may be a stage play, 21 what is, 47, 49, 50 master holding classes, 47 Danger, special, from fire, 40 Dangerous Performance, 38 Davenant, 7 Debenture Holders, 71, 72 Decorum, reason for forbidding stage play, 24, 25 rules for maintaining, 28, 32 Deed under seal, 65 INDEX. Derby, 176 Destruction by fire, 61, 62 Discretion, as to licensing theatre qualified, 28, 32, Add. music hall absolute, 53 Dismissing, manager, 113 performer, 114 Disorderly, condugt, permitting, 42 house, 45, 56 Door, notice over [see Notice] Dover, 177 Dramatic, piece, 19, 20 entertainment, place of, 1 8 Dress, regulating, 24 Drunkenness, permitting, 42 as self-imposed illness, 84 Drury Lane Theatre, 8, 10, 55, 73, 78 Dublin, 13, 71 Duologue is stage play, 20 Duration, of licence, 10, 54 of season, 109 Ear, burning in, 4 Ejecting spectator, 66, 67, 131 Elsewhere, not to perform, 96 et seq. Emotions, excitement of, test of stage play, 20 Employer, liability of [see Dangerous Performance] Enter, power to, 41, 44, 45, 56 217 218 INDEX. , Entertainment, of the stage, 19 other like, 50 Enticing away performer, 128 Essential part of play, 23 Examinee of plays, 24, 25 Excise Licence, 43, 44 Excitement of emotions, 18 Exhibition, 30, 31, 37, 138 [see Indecent] Expenditure, moderate, 40 Pair, lawful, what is, 35, 42 performing at, 16, 30 Eaece is stage play, 18 Father consenting not actionable, 110, 111 Eee for play, 24 theatre licence, 27 Fencing is not stage play, 19 Field, performing in, 16, 35 Fielding, 9, 12 Eines must he reasonable, 111, 112 Finsbury, borough of, 27 Fire, regulations for preventing, 38, 39, 40, 157 destruction by, 62, 77 Fireproof materials, 41 [see Floors] Fireworks may be nuisance, 57 First Night, attendance at, material, 94, 95 Floors of lobbies, &c, to be of fireproof material, 41 Folkestone, 178 Franchise, licensing of play became, 3 Frivolous and vexatious defence, 117 INDEX. 219 Gaiety Theatre, 43 Galleries, 41 General Sessions, 33 German Beed's entertainment is stage play, 23 Glasgow, 178 Gratuitous loan of theatre, 16, 17, 18 music, 48, 50 Habitual music, 48, 49 Hamesuoken, 138 Harm, bodily, 38 Hastings, 180 Haymareet Theatre, 8, 27, 55, 60 Heywood, John, 2, 5, 6 Hire, performing for, 16 Hissing, as disapproval of actor, lawful, 132 et , conspiracy for unlawful, 136 Hoarseness, temporary, 114 Homeric Dramas are stage play, 18 Horn or noisy instrument, 46 Hours of opening, 42, 57 Illness of performer, 84, 86, 90, 118 Imprisonment, 45 Improve, covenant to, 60, 61 Incidental music to performance, 48, note (5) Income, appropriation of, 119 Incompetence of performer, 114 Indecent Representation, 31, 45, 138 220 INDEX. Indiscriminate Admission, 47, 48 Informer, common, 36, 37, 56 Injunction, 58, 96, 97 Injurious conduct of manager, 113 Injury very small, 106, 107 Intention to make performer break contract, 126, 127 Interested person may apply, 39 Interlude is a stage play, 18 Internal communication, 43 Introduction to pantomime is dramatic piece, 19 Ireland, 13, 38 Iron Building, 15 Justices, discretion, 32 jurisdiction, 29 power of making rules, 33 KlLLIGREW, 8 King's Servants, 3, 8 Knowledge of owner of music-hall, 49, 51 Lake, Sir R, 2 Lambeth, borough of, 27 Landings, 41 Lease, covenants in, 60, 61 Lecture, with scenery and footlights, is stage play, 22 Leeds, 181 Legitimate Drama, 9 Leicester, 186 INDEX. 221 Libelling performer, 125 Licence, excise, 44 music, 52 parol, is revocable, 65, 66 et seq. provisional, 39 of stage play, 23 of theatre, 25, 31 Like Kind, entertainment of, 50 Limitation of action, 37, 57 Lincoln's Inn Theatre, 6, note (w), 8 Liquor, sale of, 16, 17, 33, 42, 43, 44 Liverpool, 26, 188 Lobbies, 41 [see Floors] London, city of, 27 stage, 104, 105 MAcklin, 135 Manager, actual responsible, 23, 25, 26, 27, 31, 34 misconduct of, 113 Manchester, 189 Mandamus, 33 Market, performing at, 30 Martlebone, borough of, 27 Melodrama is a stage play, 18 Metropolis, what is, 26 Metropolitan Board of Works, 39, 157 Michaelmas Quarter Sessions, 52 222 INDEX. Miracle Plat, 1 Misconduct, dismissing manager for, 113 Moderate Expenditure, 40 Money, taking, 16, 18, 48, 49 Monopoly, 11 Music Hall, what is, 47 et seq. Neighbourhood' may proceed against theatre as a nuisance, 57, 58 Noise, 46, 57, 58 Noon, music hall may not open before, 55 Northampton, 192 Norwich, 190 Notice, of illness, 84 et seq. on door, 50, 51, 55 to performer, 112 Nuisance, theatre may be, 6, 38, 57 obscene play may be, 45, 1 38 0. P. Eiots, 132 Obscene Bepresentation, 31, 45 Obstruction, in streets, 30, 45 Occasional performance, in theatre requires licence, 16 in music hall does not, 48, 49 in residence of her Majesty, 27, 29 Oldham, 193 INDEX. 223 Onus Probandi [see Proof] Open-air Cibcus, 57 Opera is stage play, 18 Orchestra, noise of, 38 Ordinary Habits of Life, 38, 58 Osborne, 29 Owner, 40, note (t) Oxford, 10, 28, 29, 193 • Pantomime is stage play, 18, 19, 22 Parish, 27, 29 Partnership in unlicensed theatre, 62, 63, 64, 81 Passages, 41 Patent Theatres, 8, 11, 26 performances at, 26, 27, 55, 56 Payment, 16, 49 Penalty, fox Sunday performance, 37 unlicensed music hall, 56 stage play, 25 theatre, 24 who can sue for, 36 Pit fotx, 131 Place where her Majesty resides, 27 Plat, hill, name of manager printed on, 26 house pay, 115, 116, 122 , stage, 18 et seq. Plymouth, 194 Police, 30, 31, 42, 44, 45 224 INDEX. Portable Theatre, 15 Portsmouth, 194 Postponing Piece, 95 Precedents, of ordinary performer's agreement, 119 of Mr. Wilson Barrett's agreement, 121 Preconcerted Design to hiss, 134, 137 Private House, music in, 49, 51 performing in, 7, 16, 17 theatricals, "17 Profane Song, 30, 45 Profits, proving loss of, 126 Promenade Concerts, require music licence, 27 Proof, burden of, 16, 17, 35, 50, 51, 52, 80 Prostitute, conspiracy to, 1 38 harbouring, 31, 43 Provisional Licence, 39 Prynne, 6, 12 Public, 47, 48 building, 41 entertainment, 29, 30 of like kind, 50 resort, 30, 42 Puritan influence, 7, 11 Purpose, music of house, 48, 49, 50 illegal, invalidates contract, 62, 63 converting to untheatrical, 75, 76 of preventing performance, 126, 127, 128 Quarter Sessions, 33 INDEX. 225 RatEABILITY of box, 78 Real Burden, 77 Reasonable fines and regulations, 112 rules of justices, 33 Reflected Play, 22 Refusal to grant licence, 33 to perform, 80, 117 Regulations [see Rules] Rehearsal, 89 Religious Drama, 1, 2 service at theatre, 75 Remote Damage, 127 Removing spectators, 67, 68 Rentallers, 77, 78 Renter, Life, 73, 74, 75 Representation, causing, 35 of action, test of stage play, 18, 20 Return Pass, 42 Revels, master of, 4 Revocation of licence, 24, 28, 29, 57, 65 Richmond, 9, 10 Rinking to music is dancing, 50 . Riot, 28, 32, 134 Robin Hood, 23 Roof, 41 Rules, of justices, 32, 33, 43 of theatre, 111, 112 of Mr. Wilson Barrett, 122 of Metropolitan Board of Works, 157 St. Helens, 195 .Salford, 197 , T. 226 INDEX. Scarborough, 199 Scotland, 3, 12, 13, 35, 119, 133 Season fixed by proprietor, 109 [see also 61] Secretary of State, 32, 40 Seduce actress, conspiracy to, indictable, 138 performer from engagement, 128 et seg. Servant, performer is, 128, 129 responsibility for acts of, 43 Servants, King's, 3, 8 Session \_see General, Quarter, > Special] Shakespeare's plays, 3 Sheffield, 199 Shoreditch Theatre, 4 Shrewsbury, 205 Singing out of tune, 114 Song may be dramatic piece, 1 9 Southwark, borough of, 27 Special, Session, 31 Stage Play, censorship of, 23, 24, 25 what is, 1 8 Stairs, 41 Statutes, 34 & 35 Hen. VIII. c. 1 . . 2 lEd. VI. e. 1..2 1 Eliz. c. 2.. 3 14Eliz. c. 5.. 4 39 Eliz. c. 4.. 5 3 Jac. I. c. 21.. 3 1 Oar. I. c. 1..3, 37 10 Geo. II. c. 19.. 10 c. 28. .4, 5, 9, 19, 22, 34, 36, 64, 79, 82 17 Geo. II. c. 5.. 5 25 Geo. II. c. 36. ,8, 9, 12, 26, note, 27, 32, note, 37, 47, 50, 53, 56, 141 INDEX. 227 Statutes — continued 28 Geo. II. c. 19.. 47 8 Geo. III. c. 10.. 10 10 Geo. III. c. 75.. 78 11 Geo. III. o. 16.. 10 18 Geo. III. c. 8..10 21 Geo. IH. c. 49.. 37, 38 28 Geo. III. c. 30. .5, 10, 82, Add. 1 Geo. IV. c. clx..73, 74 5 Geo. IV. c. 83.. 5 9 Geo. IV. c. 61.. 32, note 3 & 4 Will. IV. c. 15. .11, 18, 19, 20 5 &6 Will. IV. c. 39.. 43, 44 2 & 3 Vict. c. 47. .15, 42, 43, 44, 45 5 & 6 Vict. c. 45.. 19, 20 6 & 7 Vict. c. 68.. 11, 15, 144 s. 2.. 15, 18, 25, 26, 34 s. 3.. 27, 29 s. 4.. 27 s. 5.. 31 s. 7.. 25, 26, 27, 31 s. 8.. 28 s. 9. .32, 33 s. 10.. 29 s. 11.. 15, 16, 26, 34, 35 s. 12.. 23 s. 13.. 23, 24 s. 14.. 24 s. 15.. 25 s. 16.. 16 s. 17.. 35 s. 19.. 35 s. 20.. 33 s. 21.. 35, 37 s. 22.. 37 s. 23.. 18, 20, 22, 35 10 & 11 Vict. c. 34.. 29, 30 c. 89.. 30, 31 11 & 12 Vict. c. 44.. 33 18 & 19 Vict. c. 120.. 20, note, 40, note c. 122.. 40, note, 41, 150 24 & 25 Vict. c. 134.. 118 25 & 26 Vict. c. ccxxiii. .54, 173 31 & 32 Vict. c. 106.. 42 32 & 33 Vict. c. 71. .119 35 & 36 Vict. c. 94.. 44 37 & 38 Vict. c. 69., 44 38 & 39 Vict, c, 21, ,55 228 INDEX. Statutes — continued 38 & 39 Vict. c. 55 . . 30 c. 80.. 38 41 & 42 Vict. c. 32. .38, 39, 40, 41, 151 42 & 43 Vict. c. 34.. 38, 154 43 &44 Vict. c. 20.. 44 45 Vict. c. 14.. 42 46 & 47 Vict. c. 52.. 118, 119 Stoke-upon- Trent, 205 Stone floors and stairs, 41 Story, dramatic, 21, 22 Steeets, obstructing, 30, 45 Strolling Player, 4, 5 Structure, 29, 30, 32, note, 38 Subscribers, dance of, 48 Subsidiary purpose, 48 Substitute, engaging, 96, 111, 112 Sunday, 37 Supports, 41 Surety to manager, 27, 28, 31 Surveyor, district, 41 Suspending licence, 28, 29 Swansea, 206 Temple, performances at, 6, 7 Temporary Booth, 15, and note, 16 crowd at door, 57 Theatre, what is, 15 Thieves, harbouring, 31, 43 Ticket, for box or stall, 67, 68 sale of, 17, 18 [see Subscribers] seller of, 37 index. 229 Time of opening, 42, 55 [see Duration] Tower Hamlets, borough, of, 27 Traffic, 30, 45 Tragedy is stage play, 1 8 Tumbling is not stage play, 1 9 United States, 13 Universities, 10 [see Cambridge and Oxford] Unlicensed, music-hall, 56 theatre, 34 contracts as to, 37, 62, 78, 79, 81 arresting, 44, 45 Vacation, 116 [see Season] Vagabonds, 4, 12, 80 Vaudeville Theatre, 40, note Ventilation, 30 Vice, the, 2 Victualler, 49 Wakefield, 207 Walls, 41 Warrant, arrest without, 46, 135 Westminster, city of, 27 Whipping, 4 Windsor, 9, 10, 29 Wolverhampton, 210 T. 230 INDEX. Wood, theatre of, 15, 41 "Wokoesteb, 211 - Writing not essential to constitute stage play, 23 Ybab, licence for, 54, 55 York's, Duke of, servants, 8 LONDON : PBINTED BY 0. F. BOWOETH, GREAT NEW STREET, FBTTEE LAHE, E.O.