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poor of the parish of and that E. E. of the said parish, single woman, on the day of in the year of our Lord, 1817, was delivered of a male bastard child, in the said parish of —and which said child is now chargeable to the said parish, and that no order of filiation hath been made, nor hath a month elapsed since her delivery.

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A. B.

Affidavit of service of a Summons to ground a Warrant for


A. B. of- in the county of

the said parish, maketh oath and saith, that on instant, he personally served C. D. with a true summons hereto annexed, at his dwelling house, parish of aforesaid, and at the same time said C. D. of the intent and meaning thereof. Sworn, &c.

constable of

the copy of the situate in the informed the

A. B.

Affidavit of being prevented by Illness from attending the Session, [to be made by a medical man if convenient] in order to move to continue the party on his recognizance.

to wit. A. B. of

in the said county, surgeon, maketh oath and saith, that C. D. of yeoman, is confined to his house by severe illness, and that this deponent saw the said C. D. yesterday, and verily believes he is incapable of travelling without manifest danger of his life.

Sworn, &c.


A. B.

An affray signifies a fighting or skirmish between two or more persons in public, and there must be a stroke given or offered to constitute an affray. 3 Inst. 158. If it happen in private it is not an

affray, though it may be an assault. No quarrelsome or threatening words will amount to an affray, yet a constable may carry the threatener to a justice, to find securities for the peace. Leach's Hawkins, 1 cap. 63, and 2 cap. 10.

A magistrate, and even a constable, or private person, may endeavour to suppress an affray, and may imprison, ex officio, the parties until security be given for the peace; but neither a magistrate or constable can authorize the arrest or detention of an affrayer, if the offence be committed out of their view, without a warrant. Though this is a bailable offence, a magistrate should be circumspect in taking bail, if either of the parties are dangerously wounded. 1 Hawk. c. 63.

Affrays are punishable by fine and imprisonment, at the discretion of the judge. See Keble's Reports, 694. 9 Anne, c. 14, s. 8, and Hawkins, c. 63. Cro. Eliz. 405. 3 Inst. 142.

Affidavit to ground a Warrant to apprehend Affrayers.

A. B. of

in the county of
day of

maketh oath and saith, that on the in the year of our Lord, 1817, C. D. of labourer, E. F. of — labourer, and G. H. of yeoman, did, in a tumultuous manner, and with force and arms make an affray, to the terror of His Majesty's subjects then and there being, wherein the said A. B. was assaulted, beaten, and abused by the said C. D. E. F. and G. H. without any just or reasonable cause.

Sworn, &c.

A. B.

Warrant to apprehend Affrayers.

to wit. Whereas complaint hath been made before me, S. P. Esq. one of His Majesty's justices of the peace in and for the said county of upon the oath of A. B. of in the said county, that [here state the substance of the com plaint, as set forth in the affidavit]. These are therefore, in His Majesty's name, to charge and command you forthwith to apprehend the said C. D. E. F. and G. H. and bring them before me, or some other of His Majesty's justices of the peace for the said county of to answer the premises, and to find sureties, as well to keep the peace towards the said A. B. as to appear at the next general quarter session of the peace, to be held at in and for the said county, to answer such indictment as shall be preferred against them by the said A.B. for the said offence. Given under my hand and scal, this day of - 1817..


By Stat. 26, Geo. II. c. 31, no victualler's license shall be granted but on the 1st of September yearly, or within twenty days after, and such license shall be for one year from the 29th of September; and the day and place for granting licenses shall be appointed by two or more magistrates acting for the division, by warrant under their hands and seals, at least ten days previous to the meeting, and all licenses granted at any other time and place shall be void, 3 T. Rep. 569, but this does not extend to alter the time for granting licenses in cities or corporate towns.

And by the same Statute no license shall be granted to any person not licensed at the general

licensing day, without a certificate signed by the minister and the majority of the parish officers, or else three or four householders, stating such person to be of sober life and conversation. It has been decided that it is not material that the minister, &c. should sign the certificate, but if signed by three or four substantial householders it is sufficient. 1 Burr. Rep. 557.

No justice of the peace being a common brewer of ale or beer, innkeeper or distiller, or interested in any of the said trades, or seller or dealer in spirituous liquors, or a victualler or maltster, shall have power to grant licenses for selling ale, beer, or other liquors by retail, 26 Geo. III. c. 13, s. 12; but where it shall happen that justices in towns corporate are rendered incapable for the reasons aforesaid to grant licenses, then any justice acting for the county at large, within which such place is situate or next adjoining thereto, may at the request in writing of the chief magistrate of such place, act for the purpose of granting licenses, 39 Geo. III. c, 86, s. 3.

Recognizances to be taken by justices from victuallers, the party in £10. and two sureties in £5. each, or one in £10. but if sickness or other reasonable cause is shewn, the justices may take two sureties only in £10. each, which recognizance must be returned by the justices' clerk to the quarter session to be filed.

Victuallers doing any act to forfeit their recog

nizances, and being convicted, the license is void, and they are rendered incapable of holding another for three years. 26 Geo. II. c. 31.

The justices have a discretionary power to grant or refuse licenses, and no mandamus will lie to compel them to grant one, 2 Strange, 881, but an information will lie if they act oppressively, or with corrupt views, Rex. v. Young and Pitt, 1 Burr. 561, and an information will also lie against a justice for granting a license improperly. The King v. Filewood, E. Term, 26 Geo. III.

The justices' license only applics to the house licensed.

By Stat. 48 Geo. III. c. 143, the stamp duty on licenses is repealed, and an excise license for the sale of rum, cyder, &c. must be taken out within ten days after the justices' license; and the duration of such license is limited to the 10th of October next after the granting thereof.

No license can be granted to any house, the occupier whereof was not licensed at the general licensing day next before the petty sessions, held for empowering the executors, &c. of persons dying, or a new tenant on the last occupier removing, to carry on the trade during the continuance of the original license, 32 Geo. III. c. 59, s. 4, 5, and 48 Geo. III. c. 143; and such executor or assignee may sell under such former license, on producing a certificate of a justice of the peace approving thereof, and entering into the usual recognizance; and

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