Page images
PDF
EPUB

ADDENDA.

P. 56.-FALSE PRETENCES.

If any person shall by any false pretence obtain from any other person, any chattel, money, or valuable security, with intent to cheat or defraud any person of the same; misdemeanor; transportation for seven years, or fine or imprisonment. 7 & 8 G. 4. c. 29. s. 53.

SUMMARY,

&c.

ADMIRALTY.

JUSTICE may take examinations touching offences committed within the jurisdiction of the Admiralty, and commit the persons charged. 7 Geo. 4. c. 38.

AFFRAY.

AN affray is a public offence to the terror of the king's subjects; so called, according to Lord Coke, because it affrighteth and maketh men afraid. 3 Inst. 158.

No quarrelsome or threatening words whatsoever, it is said, shall amount to an affray; and that no one can justify laying hands on those who shall barely quarrel with angry words, without coming to blows; yet it seemeth, that the constable may at the request of the party threatened, carry the person who threatens to beat him before a justice, in order to find sureties. 1 Hawk. P. C. c. 63. s. 2.

A justice of the peace cannot without a warrant authorize the arrest of any person for an affray out of his own view; yet it seems clear that in such case he may make his

B

warrant to bring the offender before him, in order to compel him to find sureties for the peace. 1 Hawk. c. 63. s. 18.

In case the offender has dangerously wounded the other, the justice has a discretionary power, either to commit him, or to bail him, till the year and day be past. But it is said that he ought to be very cautious how he takes bail if the wound be dangerous; for that if the party die, and the offender appear not, he is in danger of being severely fined, if he shall appear, upon the whole circumstances of the case, to have been too favourable. Id. s. 19.

ALEHOUSES.*

By stat. 3 Geo. 4. c. 77. (continued by 7 Geo. 4. c. 65 and 7 & 8 Geo. 4. c. 48) licenses must be in the form prescribed in the schedule to that act, A, and it enacts, that no police officer, patrole, constable, or headborough shall be surety for any innkeeper, alehousekeeper, or victualler. s. 1.

No license shall be granted to any person not licensed the year preceding, without a certificate under the hands of the parson, vicar, or curate, or of the major part of the churchwardens, chapelwardens, and overseers of the poor, and of four respectable and substantial householders and inhabitants, or under the hands of eight respectable and substantial householders and inhabitants of the parish or place where he shall have last inhabited for a space of six months.

s. 2.

The certificate shall set forth the number of the house, and the name of the street, or other true description of the house where such person so dwelt; and also whether he was an housekeeper or inmate, and whether he kept an alehouse or victualling house, and if so, the sign of such

*For the various forms relating to this title, the reader is referred to Burn's J. 1 v. 80-104.

house. And shall also set forth that such person is of good fame, sober life and conversation, and fit and proper to be licensed. Id. ibid.

that

It must be mentioned in the license to be granted to any person not licensed at the last general licensing day, such certificate was produced. Id. ibid.

In case such certificate is not produced, or the license omits to state that it was so produced, such license shall be void. Id. ibid.

Persons forging or counterfeiting certificate, or taking or receiving money for signing or procuring signatures to such certificate, guilty of a misdemeanour. Id. ibid.

Justice's clerk's fee for granting license 5s. P. of 51. for taking more, recoverable in a summary way. Ibid, s. 5. Not paying penalty on conviction with costs, commitment to C. G. or H. C. 2 J. 1 W. s. 12.

All general annual meetings (except in Middlesex) for granting licenses in England, shall be held in the month of September. s. 7.

In Middlesex all general annual meetings within the several divisions of the county shall be held in the month of March, and licenses granted at any other time shall be void. 4 Geo. 4. c. 125. s. 3.

No license shall be granted to any person to retail beer, &c. in any house or place which shall not have been used for such purpose by virtue of a license granted at a preceding general annual meeting, unless the person intending to apply for such license shall give notice in writing* to the clerk to the justices, three calendar months prior to the general annual meeting for the place in which the house shall be situated, and shall fix three copies of such notice on the principal door or most conspicuous part of the house for which such license is intended to be applied for, and on the door of the church of the parish in which such house *For the form of the notice, see Burn's J. 1 v. 83. ́

shall be situated, on three several days within the months of May or June, (in Middlesex, of November or December,) between the hours of ten in the forenoon and four in the ufternoon, and between each of which days of affixing such notices, the space of seven days shall elapse; which notice shall be signed by the party intending to make the application or his agent: and shall set forth the situation of the house in a true and particular manner, together with the rate of building and the name, place of abode and description of the party so applying, and also the name and place of abode of the person proposed to be licensed therein. And every license granted to sell ale, &c. in a new house not licensed the preceding year, without such previous notice having been given as aforesaid, shall be void. 3 Geo. 4. c. 77. s. 17.

No justice in England who is a brewer, maltster, distiller, or dealer in or retailer of ale, beer, or other exciseable liquors, or is concerned in partnership with any person as a brewer, &c. or shall be the manager or agent of or for any house licensed or about to be licensed, shall act in any of· the meetings for granting licenses, or shall convict or join in any conviction, or in the determination of any application for a license, or in the determination of any appeal, P. 100/. R. by action within six calendar months. H. to the person who sues, H. to the king. Ibid. s. 18.

Licensed persons disqualified from serving the office of constable, headborough, police officer, or patrole, P. 10. Ibid. s. 19.

Not to extend to alter the times of granting licenses in London, or in the Universities of Oxford or Cambridge.

s. 23. 25.

No license shall be granted but at a general meeting of the justices acting in the division where the person applying for such license dwells, to be holden for that purpose on the 1st day of September yearly, or within 20 days after, (except

« EelmineJätka »