No. VI. 26 Geo. II. c. 31. in which it was first kept by virtue of such licence, and such licence with regard to all other places shall be null and void. IV. Whereas by an Act made in the second year of his present 'Majesty's reign, intituled An Act to revive the Laws therein mentioned; amongst other things it was enacted, That no licence shall be granted to 2 Geo II. c. 28. any person to keep a common inn or alehouse, or to retail any brandy or § 11. Last Provision in the said Clause repealed. Licences to be granted on 1 Sep. or 20 days after, but for 1 year. Clerks of the Recovery of Where a Justice shall ad judge the Re cognisance to is to summon strong waters, but at a general meeting of the justices of the peace acting in the division where the said person dwells, to be holden on the first day of September yearly, or within twenty days after; or at any other general meeting of the said justices to be holden for the division wherein the said person resides; which regulation, by reason of the last-mentioned provision, has been found by experience not to have the effect ' intended by the said regulation;' Be it therefore enacted by the authority aforesaid, That the last before-mentioned provision shall be and is hereby repealed; and that from henceforth no licence for the purposes aforesaid shall be granted but on the first day of September yearly, or within twenty days after; and that such licence shall be made for one year only, to commence on the twenty-ninth day of the said September ; and that the day and place for granting such licences shall be appointed by two or more of the justices acting for the division (2) by a warrant under their hands and seals, at least ten days before such meeting, directed to the high constable or high constables of the said division, requiring him or them to order his or their respective petty constables or other peace officers to give notice to the several innkeepers and alehousekeepers, within their respective constablewicks, of the day and place of such meeting; and all licences hereafter granted at any other time or place shall be null and void to all intents and purposes whatsoever. V. And be it further enacted, That the clerks of the peace shall keep a register or calendar of all the recognisances so sent or returned, and shall deliver or cause to be delivered to the justices of the peace, at the general meetings in September every year for granting licences in each division or place, a true copy of such register or calendar; and that for every recognisance there shall be paid by the clerk or clerks of the justices taking such recognisances to the said clerks of the peace, as their fee for filing or recording the said recognisance, and for making and delivering copies of the said register or calendar thereof as aforesaid, the sum of one shilling and no more; which shall be paid to the clerks of the said justices by the persons licensed, over and above the fees payable to the said justices clerks. VI. And be it enacted by the authority aforesaid, That the said forfeitures for granting licences without taking recognisances shall and may be sued for and recovered by action of debt bill plaint or information in any of his Majesty's Courts of Record at Westminster, for the use of the person or persons who shall sue or prosecute for the same, together with costs of suit; wherein no essoin wager of law or more than one imparlance shall be allowed. VII. And be it further enacted by the authority aforesaid, That any justice of the peace of any county riding city liberty or town corporate wherein such licence shall be granted, upon complaint or information that such licensed person hath done or committed any act offence or misdemeanor, whereby in the judgment of the same justice such recognisance may be forfeited or the condition thereof broken, may by summons under his hand and seal require such person so complained of or informed against to appear at the next general or quarter session of the peace for the said county riding city liberty or town corporate, then and there to answer to the matter of such complaint or information; and also may bind the person or persons who shall make such complaint or information, or any other person or persons, in a recognisance to appear at such ge (2) It is not necessary that the licence should be stated on the face of it to be granted at a general meeting of Justices for the division. R. v. Bryan. And. 81.-Any justice of the county going to a meeting in the division, is for that purpose a justice of the division. Per Aston J. R.. Price. Cald. 305. No. VI. 26 Geo. II. c. 31. neral or quarter session and give evidence against such person so complained of or informed against; and the justices of the peace in their general or quarter sessions shall have power to direct the jury which shall attend at such sessions for the trial of traverses, or some other jury of twelve honest and substantial men to be then and there impannelled by the sheriff without fee or reward, to inquire of the misdemeanor and Jury findcharged in the said complaint or information; and if such jury shall find ing him guilty, that the person so complained of or informed against hath done any act Recognisance whereby the condition of his recognisance is broken, such act being speci- to be estreated, fied in such complaint or information, it shall and may be lawful for the court at such general or quarter sessions to adjudge such person guilty of the breach of such recognisance; which verdict and adjudication shall be final to all intents and purposes; and thereupon the said justices shall order the recognisances entered into by such offender to be estreated into his Majesty's Court of Exchequer, to be levied to his Majesty's use; and that the said person, the condition of whose recognisance shall be so and he is disaadjudged to be broken and forfeited, shall, from and after such adjudica- bled from selltion, be utterly disabled to sell any ale beer cyder perry spirituous liquors ing Beer, &c. or strong waters for the space of three years; and any licence or licences for three years. granted or to be granted to such person during such term shall be void and of none effect. VIII. Provided, That the said justices may at the request of the prose- Justices may cutor or party so complained of or informed against, or either of his or her adjourn Trial. sureties, if they shall see just, adjourn the hearing and trial of the said complaint or information to the then next general or quarter sessions of the peace, where the same shall be finally determined. IX. And whereas many persons presume to sell ale beer cyder perry or other liquors without such licence as is required by law for 'selling the same; and it is difficult by reason of many evasions that are made use of and by some defects in former laws to convict such offenders ;' Be it therefore enacted, That where any justice of the peace shall suspect Where a Justhat any alehouse-keeper victualler or retailer sells ale beer cyder or tice shall sus perry without such licence, it shall and may be lawful for such justice to pect that any call such suspected person before him, and also any excise officer or Victualler sells gauger to produce before such justice his stock book or other account Ale, &c. withwhich such officer keeps of the charge or survey of such suspected per- out Licence, he son in respect of any of the liquors aforesaid, and likewise to examine may summon such excise officer or gauger upon oath, touching the manner in which him, &c. such officer surveys or charges such suspected person in respect of any of the liquors aforesaid, or how or in what manner such suspected person actually pays the duties for any of the said liquors; and if it shall appear by such stock book or other account, or by the examination of the said officer or gauger, that such person so suspected of selling any of the liquors aforesaid is surveyed as a victualler or retailer, and is charged with the same duties that victuallers and retailers are usually charged with and pay for any of the liquors aforesaid, and is not entitled to the allowance or abatement given to common brewers, then and in such case such suspected person shall be deemed an alehouse-keeper victualler retailer or seller of any of the liquors aforesaid to all intents and purposes as if the same had been proved by two witnesses. X. And be it further enacted, That if any person shall make informa- Justice upon tion before any one justice of the peace, and shew probable cause that he Information suspects any person sells ale beer or other liquors without a licence from that any Person two justices, it shall and may be lawful to and for such justice to call is reasonably such suspected person before him, and also to summon any other person suspected, &c. | or persons as evidence to prove the charge against such suspected person; is to summon and if such person so summoned shall refuse to appear, or when appear- the party and ing shall refuse to be examined upon oath and give evidence as aforesaid, evidence. such person or persons shall forfeit the sum of ten pounds, to be levied by distress and sale of the goods and chattels of such offender or of fenders by warrant under the hand and seal of such justice, rendering to him or them the overplus after charges of the said distress and sale No. VI. deducted, to be paid to the overseers for the use of the poor of the parish 26 Geo. II. or place where such person or persons so offending shall live. c. 31. Persons disa bled by Conviction to sell Ale, &c. disabled also from selling Spirituous Liquors, &c. XI. And be it further enacted, That if any person shall be disabled by conviction to sell ale beer cyder or perry, such person shall by the same conviction be also disabled to sell any spirituous liquors or strong waters, any licence before obtained for that purpose notwithstanding; and every licence granted to the person so convicted to sell ale beer cyder perry. spirituous liquors strong waters or any of them, from the time of such conviction shall be null and void; and every person selling ale beer cyder perry spirituous liquors strong waters or any of them, during the term of such disability, shall be subject to all or such of the penalties as are respectively inflicted by law for selling ale beer cyder perry spirituous liquors strong waters or any of them by retail without a licence; and in all prosecutions of such offenders a certificate from the clerk of the peace (or person acting as such) of any such conviction shall be legal evidence; which certificate such clerk of the peace or person shall grant on demand without fee or reward. XII. And be it further enacted, That every person so convicted of the offence of selling ale beer or other liquors without a licence from two justices of the peace, shall for every such offence forfeit the sum of forty shillings; (3) and for every such second offence shall forfeit the sum of four pounds; and for every such third offence shall forfeit the sum of six pounds; all which said respective forfeitures shall and may be levied by Distress & Sale. distress and sale of the goods and chattels of every such offender (rendering to him the overplus after charges of the said distress and sale deducted) by warrant under the hand and seal of the justice convicting such offender; and shall be paid one moiety thereof to the informer, and the other moiety thereof to the overseers of the poor, for the use of the poor of the parish or place where such offence was committed; and if no sufficient distress shall be found whereon to levy the said respective forfeitures, then the said justice of the peace shall and may commit every such offender so respectively convicted as aforesaid to the common gaol or other prison or house of correction within his jurisdiction, without bail or mainprize, for the space of one month for the first offence; and for the second offence for the space of two months; and for the third offence until such offender shall be discharged by order of the court of general quarter sessions. For want of Conviction to be certified. Form of Conviction. XIII. And be it further enacted, That every conviction of any offender for selling ale beer or other liquors without such licence, or after being disabled to sell as aforesaid, shall be certified by the justices of the peace making the same to the next general or quarter session of the peace, to be filed or entered amongst the records of the said session; and that such conviction shall and may be drawn up and certified in the following form of words, as the case shall happen, or in any other form of words to the same effect, mutatis mutandis, that is to say, • Middle-A. B. is convicted on his or her own confession [or, on the sex. oath of ' or other liquors in the parish of ' on the of having sold ale beer in this county, without being licensed thereto according to law [or, after being disabled to sell, as the case may be]. 'Given under my hand and seal this day of day of And there shall be added, That the same is the first second or third conviction; which said conviction in the same or the like form of words shall be good and effectual in law to all intents and purposes, and shall not be quashed set aside or adjudged void or insufficient for want of any other form or words whatsoever. Offender not XIV. Provided always, That such offender who shall be punished by liable to double virtue of this Act shall not be punished again for the same offence by Punishment. any former Act; and that such offender who shall be punished by virtue (3) These penalties are repealed and others are substituted by Stat. 35 Geo. 3. c. 113. post No. &q I of any former Act shall not be punished again for the same offence by virtue of this present Act or any thing herein contained. No. VI. 26 Geo. II. c. 31. XV. Provided always, That this Act or any thing herein contained Of shall not in any wise be prejudicial to the privilege of licensing taverns and other public houses claimed by the two Universities of that part of Great Britain called England, for either of them, nor to the chancellor Rights of Unimasters and scholars or any officers of the same or their successors, but versities rethat they may use and enjoy such privilege as they have heretofore law- served. fully used and enjoyed; any thing herein contained to the contrary notwithstanding. I XVI. Provided always, That nothing herein contained shall extend or The Times of be construed to extend to alter the time or times of granting such licences granting Lifor keeping of common inns or alehouses, or to oblige persons not cences for comlicensed the year preceding to produce certificates in any city or town mon Inns, not corporate. (4.) altered, &c. XVII. Provided always, and be it enacted by the authority aforesaid, Inhabitant of That any person shall be deemed a competent witness, and be admitted Parish competo give evidence upon any information or complaint for any offence com- tent Witness. pitted against this Act, notwithstanding such person be an inhabitant of or charged or liable to be charged to the payment of any rates or assessments for the relief of the poor of any parish or place where such offence shall be committed. D. 30 G. II. c. 24. [ No. VII. ] 30 Geo. II. c. 24.-An Act for the more effectual Punishment of Persons who shall attain, or attempt to attain, Possession of Goods or Money by false or untrue Pretences; for preventing the unlawful Pawning of Goods; for the easy Redemption of Goods pawned; and for preventing Gaming in Public-houses by Journeymen, Labourers, Servants, and Apprentices. XIV. AND whereas the occupiers of many licensed publick houses and of other houses wherein wines and liquors are sold frequently suffer gaming therein, and journeymen labourers servants and apprentices by means of such gaming therein not only mis-spend their ⚫ time but are often reduced to poverty and great distress;' Be it thereføre further enacted by the authority aforesaid, That from and after the Publicans persaid twenty-ninth day of September one thousand seven hundred and mitting Jourfifty-seven, if any person or persons licensed to sell any sorts of liquors, neymen, &c. or who shall sell or suffer the same to be sold in his her or their house to game in their or houses, or in any outhouses ground or apartments thereto belonging Houses, shall knowingly suffer any gaming with cards dice draughts shuffleboards Mississippi or billiard tables skittles nine pines or with any other implement of gaming in his her or their houses outhouses ground or apartments thereto belonging, by any such journeymen labourers servants or apprentices, and shall be convicted of the said offence on their own confession or on the oaths of one or more credible witness or witnesses before any justice or justices of the peace for the county riding division city liberty or place wherein the offence shall be committed, within six days after any such offence shall be committed, he she or they so offending shall for every such offence forfeit and pay the sum of forty shillings; and for every like offence which he she or they shall afterwards be convicted of before any such justice or justices of the peace, he she or they so offending shall forfeit the sum of ten pounds; all which sums of money so forfeited shall be levied by distress and sale of the offenders goods and chattels by warrant from the justice or justices before whom such offender or offenders shall be convicted; and which warrant every such justice or justices is and are hereby required and (4) This exception only applies to the time, and does not exempt such places from the opera forfeit 40s. and for every subsequent Offence 101. to be levied by Dis tress and Sale. tion of the other parts of the Act as to notices, &c. R. v. Downs, 3.T. R. 560. No. VII. 30 Geo. II. c. 24. On complaint to forfeit not exceeding 20s. nor less than 58% authorised to grant; and three fourths of all sums which shall be so forfeited shall, on the recovery thereof, be paid to the churchwardens of the parish in which the offence shall be committed for the use of the poor of such parish; and the other fourth thereof shall be paid to the person or persons on whose information the party or parties offending shall have been convicted of the offence. XV. And be it further enacted by the authority aforesaid, That from of Journeymen, and after the said twenty-ninth day of September one thousand seven &c. gaming in hundred and fifty-seven, if any journeyman labourer apprentice or serPublic-houses, vant shall game in any house outhouse ground or apartments thereto Justice to issue belonging wherein any liquors shall be sold, and complaint thereof shall his Warrant for be made on oath before any justice or justices of the peace for the county apprehending riding division city liberty or place where the offence shall have been them, who upon committed, every such justice or justices shall thereupon issue his or Conviction are their warrant to some constable tythingman headborough or other peace officer of the parish precinct or place wherein the offence shall be charged to have been committed or where the offender shall reside, to apprehend and carry every such offender before some justice or justices of the peace acting for the county riding division city liberty or place where the offence shall be committed or where the offender shall reside; and if the person who shall be apprehended shall be convicted of the said offence by the oath of one or more credible witness or witnesses or on his own confession, every such offender shall forfeit any sum not exceeding twenty shillings nor less than five shillings, as the justice or justices before whom any such offender or offenders shall be convicted shall think fit and order every time he shall so offend and be convicted as aforesaid; and one fourth of all such money so forfeited shall, on the conviction of any such offender or offenders, be paid to the person or persons on whose information the party or parties offending shall be convicted, and the other three fourths thereof shall be applied for the use of the poor of the parish wherein the offence shall have been committed, and shall be paid to the overseers of the poor of the parish for that purpose; and if the party who shall be convicted of the offence last mentioned shall not forthwith pay down the said sum so forfeited by him, any such justice or justices shall by warrant under his hand or their hands commit every such offender to the house of correction or some other prison of the county riding division city liberty or place in which he shall be apprehended; there to remain and be kept to hard labour for any time not exceeding the space of one month, or until he shall pay the sum of money so forfeited. Offender not paying the Forfeiture, to be committed to hard Labour. Justice, upon Complaint, to issue his Warrant for bringing the Offenders before him, and may summon Witnesses, XVI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any justice or justices of the peace of any county riding division city liberty town or place, and he and they is and are hereby required, upon complaint made to him upon oath of any offence committed against this Act within the same county riding division city liberty town or place, to issue his warrant for bringing before him or some other justice or justices of the peace of any county riding division city liberty town or place the person or persons charged with such offence; and the justice or justices before whom such person or persons shall be brought is hereby authorised and required to hear and determine the matter of every such complaint, and to proceed to judgment and conviction thereupon as by this Act is directed; and if it shall appear by oath of any credible person or persons to the satisfaction of any such justice or justices that any person or persons within the jurisdiction of such justice or justices can give or offer material evidence on behalf of the prosecutor against any offender or offenders against the true intent and meaning of this Act, or on behalf of the person accused, and who will not voluntarily appear before such justice or justices to be examined, and give his her or their evidence concerning the premises; every such justice or justices is and are hereby authorised and required to issue his or their summons to convene every such person or persons within his or their jurisdiction before him or them to be examined upon oath concerning the premises; and if any person so summoned shall: |