against, nor shall any Writ be sued out or Copy of any Writ be Defendant or Defendants. a General Issue XXX. And be it further enacted, That if any Action or Suit In Actions for shall be commenced against any other Person or Persons than executing Act, Magistrate, Justice, or Peace Officer for any thing done in pur- may be pleaded. suance of this Act, the Defendant or Defendants in any such Action or Suit may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if it shall appear so to have been done, or if a Verdict shall be recorded for the Defendant or Defendants, or if the Plaintiff or Plaintiffs shall be nonsuited or discontinue his, her, or their Action after the Defendant or Defendants shall have appeared, or if Judgment shall be given upon a Verdict or Demurrer against the Plaintiff or Plaintiffs, the Defendant or Defendants in every such Action shall and may recover Treble Costs, and have the like Remedy for, the Treble Costs. same Limitation of Application of Proviso for cular Persons. 6 & 7 W. IV. same as any Defendant or Defendants hath or have in other Cases by Law for the Recovery of his, her, or their Costs. XXXI. Provided also, and be it further enacted, That no Person shall be convicted of any Offence under this Act unless the Complaint is made within Forty-eight Hours after the Offence shall have been committed, or within such reasonable Time as to the Justice or Justices shall seem fit, except in Cases of Perjury; and that no Person who shall be prosecuted to Conviction for any Offence done or committed against this Act shall be liable to be prosecuted for the same Offence under any other Law. XXXII. And be it also enacted, That all Penalties and Forfeitures by this Act inflicted, and the Application of which is not herein-before directed, shall, when recovered or paid, go and be disposed of in manner following; (that is to say,) one Moiety thereof, where any Offender or Offenders shall be convicted either by his, her, or their Confession, or by the Oath or Affirmation of One or more credible Witness or Witnesses, shall go and be paid to the Person or Persons who shall inform against and prosecute to Conviction any such Offender or Offenders, and the other Moiety thereof (or in case there be no such Person informing then the whole thereof) shall go and be paid to some one of the Overseers of the Poor, or to some other Officer, (as the convicting Justice or Justices may direct,) of the Parish, Township, or Place in which the Offence shall have been committed, to be by such Overseer or Officer paid over to the Use of the general Rate of the County, Riding, or Division in which such Parish, Township, or Place shall be situate, whether the same shall or shall not contribute to such general Rate; and no Inhabitant of such County, Riding, or Division shall be deemed an incompetent Witness in any Proceeding under this Act by reason of the Application of such Penalty or Forfeiture to the Use of the said general Rate as aforesaid. XXXIII. Provided always, and be it enacted, That this Act Rights of parti- or any thing herein contained shall not extend or be construed to extend in any Way to affect, lessen, or infringe upon any Right or Custom of the Universities of Oxford or Cambridge or either of them, or of any Lord or Lords of any Leets, or the Rights of any Clerk or Clerks of the Market in any Place which may be exercised and enjoyed by them or any of them by virtue of any Charter, Bye Laws, Prescriptions, Usages, Customs, Privileges, Grants, or Acts of Parliament, except so far as relates to the Assize of Bread and the Regulations of the Price and Weight thereof; but that all such Rights and Privileges shall be held, exercised, and enjoyed, by the Parties respectively entitled thereto, as fully and amply to all Intents and Purposes as the same were held, exercised, and enjoyed before the passing of this Act, any thing herein contained to the contrary notwithstanding. Commenccment of Act. XXXIV. And be it further enacted, That this Act shall commence and take effect from and after the said First Day of October One thousand eight hundred and thirty-six. XXXV. And XXXV. And be it enacted, That nothing in this Act con- Act not to tained shall extend to Ireland. extend to Ireland. Act may be XXXVI. And be it further enacted, That this Act may be amended, altered, or repealed by any Act or Acts to be passed amended this in this present Session of Parliament. CAP. XXXVIII. An Act to amend an Act passed in the Third and HEREAS an Act was passed in the Third and Fourth WE Session. Years of the Reign of His present Majesty, intituled An 3&4 W.4.c.68. Act to amend the Laws relating to the Sale of Wine, Spirits, Proper Officers of Excise, before granting Licences to Persons licensed in the Year preceding, shall require a Certi Beer, and Cider by Retail in Ireland: And whereas it is expedient to amend the said Act in certain Particulars, and to 'make other Regulations in respect of the Sale of Wine, Spirits, Beer, and Cider by Retail in Ireland: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Fifth Day of July in the Year One thousand eight hundred and thirty-six it shall and may be lawful to and for the proper Officers of Excise, and they are hereby directed, to require from all and every Person and Persons applying for such Licence, as in the said Act mentioned, to sell Beer, Cider, and Spirits by Retail, to be consumed in any House specified in said Licence, being the same House as shall have been licensed in the Year last immediately preceding, and whose Licence shall not have been withdrawn or annulled, in addition to the Certificate of Six Householders of the Parish Constabulary Force in the in the said recited Act mentioned, a Certificate to the same District, or Purport and Effect from the Chief Constable of the Constabulary Force acting in and for the District in which such House may be situate, or in lieu thereof a Certificate from Two of the Overseers appointed or to be appointed, as provided in and by the said recited Act or by this Act, for the Parish in which such House is situate; and in such Certificate the said Two Overseers shall state the Time of their Appointment, and that they acted as such Overseers at least for One Month in the Year immediately preceding the Date of such Certificate; and such Certificate shall be signed by the said Overseers without Fee or Reward. ficate of good Character from stable of the the Chief Con Two Overseers, in addition to the Certificate required by the recited Act. censed to retail II. And be it further enacted, That no Person appointed to Process Servers serve Civil Bill Processes shall be capable, while he holds such not to be liOffice, of receiving or holding a Licence to sell Beer, Cider, Spirits. Wine, or Spirits by Retail. III. And be it further enacted, That from and after the passing Certain Persons of this Act no Person in Ireland who shall be duly licensed under not to retail any Act or Acts for granting Excise Licences to deal in or sell Spirits to be consumed on Coffee, the Premises. Retailers Houses shall not be open for Spirits between 6 & 7 W. IV. Coffee, Tea, Cocoa Nuts, Chocolate, or Pepper, nor any Person deemed a Grocer within the Meaning of the Laws of the Excise in force in Ireland at or immediately before the passing of this Act, shall be entitled to take out any Licence to retail Spirits in the House or on the Premises of such Retailer, or in any House or on any Premises within One Quarter of a Mile of the House or Premises of such Retailer, other than a Licence to retail Spirits in Quantities not less at one Time than One Pint, and to be consumed elsewhere than in the House or on the Fremises of such Retailer; and any Licence to retail Spirits in any other Manner granted after the passing of this Act to any such Grocer or Person so licensed as aforesaid shall be wholly null and void to all Intents and Purposes whatsoever. IV. And be it further enacted, That from and after the passing of this Act no Person selling or licensed to sell Beer or Cider, Spirits or Wine, by Retail, to be drunk or consumed on the Premises, shall have or keep his House or other Place of Sale (not being a Booth or Tent at any lawful or accustomed Fair, or at any public Races,) open for the Sale of Spirits, Wine, or Beer, nor shall sell or retail Spirits, Wine, or Beer, nor shall suffer any Spirits, Wine, or Beer to be drunk or consumed in or at such House or other Place, at any Time between the Hours of Nine of the Clock in the Night of Sunday and Nine of the Clock in the Morning of Monday; and if any such Person shall keep his House or other Place of Sale open for selling or shall sell Spirits, Wine, or Beer, or suffer Spirits, Wine, or Beer to be sold, drunk, or consumed in or at such House or other Place, at any Time between the Hour of Nine of the Clock at Night on Sunday and the Hour of Nine of the Clock in the Morning of Monday, such Person shall forfeit the Sum of Two Pounds for any such Offence; and every separate Sale shall be deemed a separate Offence, and all Sales on any One Day shall be deemed and considered and may be prosecuted as separate Offences: Exception as to Provided always, that nothing herein contained shall extend to prohibit the Sale of Spirits, Wine, or Beer to a Traveller. Travellers. Booths and Tents at Fairs, &c. not to be open for the Sale of Spirits, Wine, or Beer between Six in at any Hour the Evening and Nine in the V. And be it further enacted, That no Person selling or licensed to sell Beer or Cider and Spirits or Wine by Retail, to be drank or consumed on the Premises, or otherwise, shall have or keep any Booth or Tent or other Place, not being a House duly licensed for the Sale of Spirits, at any lawful or accustomed Fair or at any public Races, open for the Sale of Spirits, Wine, or Beer, nor shall sell or retail Spirits, Wine, or Beer, nor shall suffer any Spirits, Wine, or Beer to be sold, drunk, or consumed in or at such Booth or Tent or other Place, between the Hours of Six of the Clock in the Evening and Nine of the Clock in the Afternoon and Morning at any Time between the First Day of April and the First Day of the following Month of October, or between the Hours of Three of the Clock in the Afternoon and Nine of the Clock in the Morning at any Time between the First Day of October and the First Day of the following Month of April, nor at any Time whatsoever on any Sunday, Good Friday, Christmas Day, or any Day appointed for a Public Fast or Nine in the Morning in Thanks Thanksgiving; and if any such Person shall keep such Booth or Tent or other Place open for selling or shall sell Spirits, Wine, or Beer, or shall suffer any Spirits, Wine, or Beer to be drunk or consumed in or at such Booth or Tent or other Place, at any Hour or Time at which the same are hereby respectively prohibited, such Person shall forfeit the Sum of Two Pounds for any such Offence; and every separate Sale shall be deemed a separate Offence; and all Sales on any One Day shall be deemed and considered and may be prosecuted as separate Offences; and this Prohibition shall be deemed and taken to extend to the Sale of Spirits, Wine, or Beer to a Traveller as well as to any other Person. enter into any House, &c. in which Spirits or Beer is sold, Persons tippling or gambling at and put out Hours. VI. And be it further enacted, That it shall and may be Justices and lawful for any Justice of the Peace, or for any Chief Constable, Constables may or for any Churchwarden or Overseer in the said recited Act or herein-after mentioned, or for any Constable authorized for the Purpose by any such Justice, within the Limits of his Jurisdiction, to enter into any House, Booth, Tent, or other Place kept by any Person selling or having a Licence to sell Spirits, Wine, or Beer by Retail, at any Time or Hour during which the Sale prohibited of Spirits, Wine, or Beer is by this Act prohibited therein, and to remove from and put out of such House, Booth, Tent, or other Place any Person who shall be found within such prohibited Hours in such House, Booth, Tent, or other Place (not being a Lodger or Inmate thereof), and who shall appear to be or to have recently been drinking, tippling, or gaming therein ; and that if any such Person shall not, when thereto required Persons not by such Justice of the Peace, Chief or other Constable, Church- quitting, or resisting Juswarden, or Overseer as aforesaid, remove from and quit such tices, &c. may House, Booth, Tent, or other Place, or shall forcibly resist such be apprehended. Justice, Constable, Churchwarden, or Overseer, or shall be found drunk therein, it shall and may be lawful for any Constable, Churchwarden, or Overseer to apprehend and take into Custody any such Person so offending, and to carry and convey or cause to be carried and conveyed every and any such Person so apprehended before any Justice of the Peace within whose Jurisdiction such House, Booth, Tent, or other Place shall be situate, to be dealt with according to Law; and every such Person who shall so neglect or refuse to remove from or quit such House, Booth, Tent, or other Place, or shall so forcibly resist such Justice, Constable, Churchwarden, or Overseer, or be so found drunk in such House, Booth, Tent, or other Place, being duly convicted of such Offence, shall thereupon for every such Offence forfeit any Sum not exceeding Twenty Shillings nor less than Five Shillings; and if any Offender so convicted shall not forthwith pay the Sum so forfeited, such Offender shall be committed to the Common Gaol or any House of Correction or Bridewell of the County or Place for any Time not exceeding One Week. VII. And be it enacted, That if any Offender convicted in If a Soldier manner aforesaid shall be a Soldier on full Pay, and attached offends, Justice to any Regiment in His Majesty's Service stationed or being to communicate within the Jurisdiction of such Justice, a Communication of such Commanding Conviction Officer. [No. 22. Price 2d.] Y to communicate |