then and there required by the said C. D. so to do; against the form of the statute in such case made and provided. Whereby, &c.

Penalties how recovered and applied.] "All penalties under this act (save and except the penalty herein before mentioned for selling beer by any person not duly licensed), shall and may be recovered upon the information of any person whomsoever, before two justices acting in petty sessions; and that every such penalty shall be prosecuted and proceeded for within three calendar months next after the commission of the offence, in respect of which such penalty shall be incurred; and every person licensed under this act, who shall be convicted before two justices so acting in and for the division or place in which shall be situate the house kept or heretofore kept by such person, of any offence against the tenor of the licence to him granted under this act, or of any offence for which any penalty is imposed by this act, shall, unless proof be adduced to the satisfaction of such justices, that such person had been theretofore convicted before two justices within the space of twelve calendar months next preceding of some offence against the tenor of his licence, or against this act, be adjudged by such justices to be guilty of a first offence against the provisions of this act, and to forfeit and pay any penalty by this act imposed for such offence, or if no specific penalty be imposed for such offence, then any sum not exceeding 51., together with the costs of the conviction; and 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 twelve calendar months next preceding, of one such offence only, such person shall be adjudged by such justices to be guilty of a second offence against the provisions of this act, and to forfeit and pay any penalty by this act imposed for such offence, or if no specific penalty be so imposed, then any sum not exceeding 10l., together with the costs of the conviction; and 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 eighteen calendar months next preceding, of two such separate offences, and if proof shall be adduced to the satisfaction of the justices that such person so charged is guilty of the offence charged against him, such person shall be adjudged to be guilty of a third offence against the provisions of this act, and to forfeit and pay any penalty imposed by this act in respect of such offence, or if no such specific penalty shall be imposed, then to forfeit and pay the sum of 50., together with the costs of the conviction." 1 W. 4, c. 64, s. 15.

Provided always, that "no summons or order issued by any justice of the peace or other magistrate, shall be deemed to

be legally served, unless it shall be served by some constable, special constable, police or other peace officer." 4 & 5 W. 4, c. 85, s. 22.

And "any justices, before whom any penalty shall be recovered under the provisions of this act, shall award, if they shall think fit, any portion of the same, not in any case exceeding one moiety thereof, to the use of the prosecutor, and the remainder, or in case no part of such penalty shall be awarded to the prosecutor, then the whole of such penalty shall be awarded to be paid and shall be paid to the treasurer of the county within which such offence shall be committed, to be applied by the said treasurer towards defraying the expenses of such county, and in aid of the county rates of such county." 1 W. 4, c. 64, s. 22.

And “in every case in which, under the authority of this act, any justices shall adjudge that any offender shall pay or cause to be paid any penalty, and such offender shall refuse or neglect, within seven days after his conviction, to pay such penalty, and any costs which shall have been duly assessed and ascertained by such justices, it shall be lawful for such justices, if they shall think fit, to issue their warrant, and to levy the amount of such penalty and costs, by distress and sale of the goods and chattels of such offender, together with the costs of such distress and sale; and in every such case such offender, if in custody at the time that such warrant shall be so issued, shall be forthwith discharged; but if it shall appear to such justices that the goods and chattels of such offender are not sufficient whereon to levy such distress, together with the costs of such distress and sale, it shall be lawful for such justices to commit the offender to the common gaol, or to the house of correction of the county or place for which such justices shall be then acting, for any term not exceeding one calendar month if the penalty shall not be above 51.; for any term not exceeding three calendar months if the penalty shall be above 51., and shall not be more than 107.; and for any term not exceeding six calendar months, if the penalty shall be above 101.: provided nevertheless, that whenever such offender shall have been committed to the common gaol or house of correċtion in consequence of his not having duly paid such penalty and costs, if such offender shall pay or cause to be paid to the gaoler or keeper of the house of correction, or to whomsoever such justices shall have appointed, the penalty imposed, and costs, together with all the costs of the apprehension of him, and of the conveyance of him to the said gaol or house of correction, at any time previous to the expiration of the time for which such offender shall so have been committed, such offender shall be forthwith discharged." Id. s. 21.

And by stat. 3 & 4 Vict. c. 61, s. 19, “all penalties and forfeitures by this act imposed, except where otherwise especially

directed, shall be sued for, recovered, mitigated, and applied in the same manner and by the same means as the penalties im posed by the said recited acts of the first and fourth and fifth years of the reign of his late Majesty King William the Fourth are directed to be sued for, recovered, mitigated, and applied; and all the powers, provisions, and authorities and regulations in the said acts contained, for the recovery, mitigation, and application of penalties, shall, except where otherwise specially directed, extend to and be put in force, as to penalties imposed by this act, as fully and effectually as if they were herein repeated and re-enacted,"

As to offences against stat. 4 & 5 W. 4, c. 85, see the 11th section of that statute, post, p. 64.

Conviction.] "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 of the facts or evidence in any more particular manner; (that is to say,)"

}the

Be it remembered, that on this to wit. the year - A. B., of fore us, C. D. and E. F., two of Her peace in petty sessions for the

day of

in

was duly convicted beMajesty's justices of the of ~, 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 permit the general sale of beer and cider by retail in England, [or in case of an offence against stat. 4 & 5 W. 4, c. 85, against the provisions of an act to amend an act to permit," &c., as above; or in case of an offence against stat. 3 & 4 Vict. c. 61, "against the provisions of an act to amend the acts relating to the general sale of beer and cider by retail in England,”] besides the costs of this conviction, which we the said justices do hereby assess at the sum of -, pursuant to the statute in such case made and provided. Given under our hands and seals the day and year above written. 1 W. 4, c. 64, s. 25.

Which conviction shall be returned to the sessions. Id. s. 26.

It shall be lawful for any justice or justices of the peace, when he or they shall see cause, to mitigate any penalty incurred for any offence committed against the said recited acts or this act; provided that where any conviction shall take place on any information exhibited under the laws of excise, such mitigated penalty shall not be less than one fourth part of the penalty, 3 & 4 Vict. c. 61, s. 16.

And no person licensed to retail beer or cider under the said

recited acts or this act shall forfeit his licence for a first offence against the tenor or conditions of his licence except as hereinbefore provided; and no such person shall be deemed to have forfeited his licence, on any conviction by any justice of the peace for any offence, unless such forfeiture shall be adjudged and declared by the justice or justices by whom such person shall be convicted of the offence in respect of which the forfeiture shall be incurred; and when any justice of the peace shall adjudge and declare the licence of any person to be forfeited, such justices shall cause notice in writing to be immediately given to the commissioners of excise within the limits of the chief office of excise, or to the collector of excise out of such limits of such adjudication. Id. s. 17.

Proceedings against sureties.] "In case any person licensed under this act shall be convicted of any offence against this act, and shall not pay the penalty incurred by such conviction, it shall be lawful for the justices convicting such offender, after the expiration of one calendar month next after such conviction, to summon any surety or sureties named in the bond entered into and executed by such person and his surety or sureties at the time of obtaining his licence, to appear before the said justices, and show cause why the penalty mentioned in such bond should not be paid by such surety or sureties, or so much thereof as shall be sufficient to pay any penalty incurred by the party licensed, or to satisfy so much of such penalty so incurred as shall remain unpaid; and in case any such surety shall not show any sufficient cause to the contrary, it shall be lawful for such justices to adjudge that such penalty, if not paid, or so much thereof as aforesaid, shall be paid by such surety within fourteen days; and in case such penalty, or so much thereof as aforesaid, shall not be paid within fourteen days, it shall be lawful for such justices, if they shall think fit, to issue their warrant, and to levy the amount of such penalty, or so much thereof as aforesaid, by distress and sale of the goods and chattels of such surety, together with the costs of such distress and sale; and the certificate of the commissioners of excise, or their officer, or other persons by this act authorized to grant any licence, of the date of such bond, and the names and descriptions of the surety or sureties in such bond, shall be sufficient evidence of such bond, and of the contents and execution thereof, against any surety or sureties, in any proceedings under this act." 1 W. 4, c. 64, s. 19.

The following may be the form of the order and adjudication upon the surety:

County of, to wit: Whereas on licence was granted to A. B., of

a certain excise to sell beer, ale, and

the

porter, at aforesaid; and it is now proved to us whose names are hereunto set and seals affixed, being two of Her Majesty's justices of the peace in and for the said county of that at the time of receiving such licence as aforesaid by the said A. B., he the said A. B., together with C. D. and E. F. as his sureties, did enter into a certain bond to the commissioners of excise, in the penal sum of - conditioned for the payment by the said A. B., or by the said C. D. and E. F. as his sureties as aforesaid, of any penalty or sum of money, not exceeding the sum aforesaid, which should be incurred for any offence against a certain act of parliament, intituled "An Act to permit the general sale of beer and cider by retail in England," by the said A. B., or for the said sum of - pounds, in case such penalty should exceed the said sum; and whereas it is now also proved to us the said justices, that on said A. B. was duly convicted before us of having on· describe the offence as in the conviction,] against the form of the said act, and that he hath not as yet paid the said last mentioned penalty, or any part thereof; and the said C. D. and E. F. being duly summoned to appear before us the said justices now here, to show cause why the penalty mentioned in the said bond should not be paid by them, the said C. D. and E. F., or so much thereof as should be sufficient to pay the penalty so incurred by the said A. B. as aforesaid, and the said C. D. and E. F. do not, nor doth either of them show any sufficient cause to the contrary; Now therefore we, the said justices, do hereby order and adjudge, that the said C. D. and E. F. shall, within fourteen days from the date hereof, pay the said last-mentioned penalty of £- so incurred by the said A. B., and remaining unpaid as aforesaid. Dated, &c.

[here

Appeal.] "It shall and may be lawful for the party convicted of any such third offence [see sect. 15, ante, p. 55,] to appeal to the general sessions or quarter sessions of the peace then next ensuing, unless such sessions shall be held within twelve days next after such conviction, and in that case to the then next subsequent sessions, and in such case the party so convicted shall before such justices so convicting forthwith enter into a recognizance, with two sufficient sureties, personally to appear at the said general session or quarter session, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; which recognizances such justices are hereby authorized to require and take; or, in failure of the party convicted entering into such recognizances, such conviction shall remain good and valid to all intents and purposes; and the said justices who shall take such recognizance from the party convicted, are also hereby required to bind the person who shall make such charge in a recognizance to appear at such