certain quantity, to wit, two gallons of water with the same, [or did then and there sell to one C. D., a certain quantity of a certain exciseable liquor, to wit, ten gallons of rum, before then fraudulently diluted and adulterated, by some person unknown, he the said A. B., at the time he so sold the same as aforesaid, well knowing that the same were so fraudulently diluted and adulterated as aforesaid:] against the tenor of the licence so to him the said A. B. granted as aforesaid, and against the form of the statute in such case made and provided. Whereby," &c.

2. That he do not use, in selling thereof, any weights or measures that are not of the legal standard.

Conviction, same as the last, to the asterisk,* and then thus: "did then and there use in the sale of a certain quantity of a certain exciseable liquor, to wit, one quart of ale, by him to one C. D. then and there sold, a certain measure as and for a quart, which was not then of the legal standard, and which then and there contained much less, to wit, one quarter of a pint less, than a quart measure of the legal standard: against the tenor of the licence so to him the said A. B. granted as aforesaid, and against the form of the statute in such case made and provided. Whereby," &c.

3. That he do not wilfully or knowingly permit drunkenness or other disorderly conduct in his house or premises.

Conviction, same as the first of the above forms, to the asterisk,* and then thus: "did then and there wilfully and knowingly permit and suffer one C. D. to become drunk in the house and premises of him the said A. B., and to be and continue there drunk for a long space of time, to wit, for the space of one hour, [or as the case may be:] against the tenor of the licence so to him the said A. B. granted as aforesaid, and against the form of the statute in such case made and provided. Whereby," &c.

4. That he do not knowingly suffer any unlawful games, or any gaming whatsoever therein.

Conviction, same as the first of the above forms, to the asterisk, and then thus: "did then and there knowingly suffer divers persons unknown to play at a certain unlawful game called [or as the case may be] in the house and premises of him the said A. B.: against the tenor of the licence so to him the said A. B. granted as aforesaid, and against the form of the statute in such case made and provided. Whereby," &c.

Billiards, bagatelle, and games of the like kind, are seemingly no longer "unlawful games," within the meaning of the licence; see 8 & 9 Vict. c. 109, s. 11, and see post, tit. "Gaming;" but still the party licensed must not allow any gaming whatsoever, even at these games.

5. That he do not knowingly permit or suffer persons of notoriously bad character to assemble and meet together therein.

Conviction, same as the first of the above forms, to the asterisk, and then thus: "did then and there knowingly permit and suffer divers persons of notoriously bad character to assemble and meet together in the house and premises of him the said A. B.: against the tenor of the licence so to him the said A. B. granted as aforesaid, and against the form of the statute in such case made and provided. Whereby," &c.

6. That he do not open his house, except for the reception of travellers, nor permit or suffer any beer or other exciseable liquor to be conveyed from or out of his premises, during the usual hours of the morning or afternoon divine service in the church or chapel of the parish or place in which his house is situate, on Sundays, Christmas Day, or Good Friday.

Conviction, same as the first of the above forms, to the asterisk, and then thus: "did then and there on Sunday during the usual hours of the morning divine service in the church of the parish of in which parish the house of the said A. B. was then situate, to wit, at the hour of -, [open his said house for the reception of persons not being travellers, or permit and suffer a certain quantity of a certain exciseable liquor, to wit, one quart of ale, to be conveyed from and out of his said house and premises] against the tenor of the licence so to him the said A. B. granted as aforesaid, and against the form of the statute in such case made and provided. Whereby," &c.

See stat 5 & 6 Vict. c. 44, s. 5, prohibiting the sale of wines, &c., in steam boats, &c., anchored within the metropolitan police district, within the times above mentioned.

7. That he do maintain good order and rule therein.

Conviction, same as the first of the above forms, to the asterisk, and then thus: "did not then and there maintain good order and rule in the house of him the said A. B., but on the contrary thereof he the said A. B. did then and there [here state the particular act or acts complained of and proved:]

against the tenor of the licence to him the said A. B. so granted as aforesaid, and against the form of the statute in such case made and provided. Whereby," &c.

Third offence how punishable.] "But if proof shall be adduced to the satisfaction of such justices, that such person had been previously convicted before two justices within the space of the three years next preceding, of two separate offences against the tenor of the licences subsisting at the times when such last-mentioned offences were committed, it shall be lawful for the said justices, and they are hereby required, to adjourn the further consideration of the charge so made against such person as aforesaid, to the special session to be then next holden under this act for the division or place in which shall be situate the house kept by such person, or to the general annual licensing meeting for the said division or place, if such meeting shall take place before any such special session shall be holden; and such justices shall issue their summons to the person so charged, to appear at such special session, or at such general annual licensing meeting, then and there to answer to the matter of such charge, and shall bind the person who shall make such charge, and any other person who shall have any knowledge of the circumstances thereof, in a sufficient recognizance, to appear at such special session or at such general annual licensing meeting, then and there to prosecute and to give evidence upon such charge; and if proof shall be adduced to the satisfaction of the justices assembled at such special session, or at such general annual licensing meeting, that such person so charged is guilty of the offence with which he is so charged, such person shall be adjudged to be guilty of a third offence against the provisions of this act as aforesaid, and to forfeit and pay any sum not exceeding fifty pounds, together with the costs of the conviction." Id. s. 21.

"Provided always, that if at any time before the hearing of any such last-mentioned charge, the justices assembled as aforesaid shall in their discretion think fit to direct that the hearing of such charge shall be adjourned to the general or quarter session of the peace then next ensuing, there to be inquired of by a jury; or if the person so charged shall, in writing, under his hand, request the said justices to direct that the hearing of such charge shall be so adjourned as aforesaid: the said justices are hereby required to direct that the hearing of such charge shall be so adjourned, provided that the person who shall have made such request shall, before such justices so assembled, forthwith enter into a recognizance, with two sufficient sureties, personally to appear at the said general or quarter session, and to try such charge and to abide the judgment of the court thereupon, and to pay such costs as shall

be by the court awarded; and the said justices are hereby required to bind in a recognizance to appear at such general or quarter session as aforesaid, then and there to give evidence against the person so charged, the person who shall make such charge, and any other person who shall have any knowledge of the circumstances thereof; and it shall be lawful for the said court of general or quarter session, to direct a jury then and there duly empanneled to be sworn to inquire of the offence so charged to have been committed, and upon their verdict of guilty' to adjudge such person to be guilty of a third offence against the provisions of this act as aforesaid, (and such verdict and adjudication shall be final to all intents and purposes,) and to punish such offender by fine, not exceeding the sum of 100l., or to adjudge the licence granted to and held by or on behalf of such offender to be forfeited and void, or to punish such offender by such fine as aforesaid, and to adjudge such licence to be forfeited and void and if such licence shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly; and every excise licence for selling any exciseable liquors by retail, then held by or on behalf of such offender, shall also be void; and if the licence of such offender shall be so adjudged to be void, such offender shall, from and after such last mentioned adjudication, be deemed and taken to be incapable of selling exciseable liquors by retail in any inn kept by him for the space of three years, to be computed from the time of such adjudication; and any licence granted to such person during such term shall be void to all intents and purposes: provided also, that the court may, upon sufficient cause shown, adjourn the hearing of such charge to the then next general or quarter session of the peace, when the same shall be finally determined." Id. s. 21.

"In every case in which the justices assembled at any special session, or at any general annual licensing meeting, shall direct that the charge against any person licensed under this act shall be adjourned to the general or quarter session, it shall be lawful for such justices, if no other fit and proper person shall appear to prosecute such charge, and to carry on such proceedings as may be necessary to obtain at such session an adjudication thereon, to order that the constable or other peace officer of the parish or place in which shall be situate the house kept by the person so charged, shall carry on all proceedings necessary to obtain such adjudication as aforesaid, and to bind such constable or other peace officer in a sufficient recognizance so to do: and it shall be lawful for the justices before whom such charge shall have been heard, to order the treasurer of the county or place in and for which such justices shall then act, to pay such constable or other peace officer, and to the witness or witnesses on his behalf, such sum or sums of money as to the court shall appear to

be sufficient to reimburse such constable or other peace officer, and such witness or witnesses respectively, the expenses that he or they shall have been severally put to in and about such prosecution; which order the clerk of the peace is hereby directed and required forthwith to make out and to deliver to such constable or other peace officer, or to such witness or witnesses; and the said treasurer is hereby authorized and required, upon sight of such order, forthwith to pay to such constable or other peace officer, or other person authorized to receive the same, such money as aforesaid; and the said treasurer shall be allowed the same in his accounts." Id. s. 22.

Conviction.]

"Every conviction under this act shall be on the oath or oaths of one or more credible witness or witnesses; and any justice, not as herein before disqualified, and acting in and for the county or place in which the offence complained of shall have been committed, is hereby authorized to administer the same." Id. s. 31.

And in order to prevent frivolous and vexatious appeals, be it further enacted, that a conviction in the form or to the effect following, mutatis mutandis as the case may be, shall be good and effectual to all intents and purposes whatsoever, without stating the case, or the facts or evidence, in any more particular manner, that is to say,

in

day of was duly convicted be

Be it remembered, that on this to wit. the year, A. B., of fore

of

of Her Majesty's justices of the peace for the for that [here state the offence, and the time and place when committed,] whereby the said A. B. has forfeited the sum of this being adjudged to be the first [or second, or third] offence [as the case shall happen to be] against the provisions of an act to regulate the granting of licences to keepers of inns, alehouses, and victualling-houses in England, besides the costs of this conviction, which the said justices do hereby assess at the sum of , pursuant to the statute in such case made and provided. Given under hand and seal, the day and year

The justice shall return the conviction to the next general or quarter sessions; and the certificate of the clerk of the peace of such conviction shall be legal evidence of the same. Id. s. 33.

Witnesses, how compelled to appear.] "If any person shall be summoned as a witness to give evidence before any justice, touching any of the matters aforesaid, either on the part of the complainant or of the person accused, and shall neglect or refuse to appear at the time and place for that purpose appointed,