Vide s. 27. days next after the making of such distress the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale to the clerk of the justices of the peace for the division of in the said [county], that he may pay and apply the same as by law directed; and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain. Given under my hand and seal, this day of in the year of our Lord [county] aforesaid. in the at J. S. (L.S.) 83. Warrant of Commitment for Want of Distress in the last Case (S. 2). To the constable of and to the keeper of the [house of corin the said [county] of day of rection] at Whereas [&c., as in the last form to the asterisk*, and then thus:] And whereas afterwards, on the in the year aforesaid, I the undersigned issued a warrant to the constable of commanding him to levy the said sum of for costs by distress and sale of the goods and chattels of the said A. B.: And whereas it appears to me, as well as by the return of the said constable to the said warrant of distress as otherwise, that the said constable hath made diligent search for the goods and chattels of the said A. B., but that no sufficient distress whereon to levy the sum above mentioned could be found: These are therefore to command you the said constable of to take the said A. B., and him safely to convey to the [house of correction] at aforesaid, and there deliver him to the said keeper thereof, together with this precept; and I do hereby command you the said keeper of the said [house of correction] to receive the said A. B. into your custody in the said [house of correction], there to imprison him [and keep him to hard labour] for the space of -, unless the said sum, and all costs and charges of the said distress [and of the commitment and conveying of the said A. B. to the said [house of correction]], amounting to the further sum of -, shall be sooner paid unto you the said keeper, and for your so doing this shall be your sufficient warrant. Given under my hand and seal, this day of in the year of our Lord at in the [county] aforesaid. J. S. (L.S.) MEM. For the margin of this form. Costs of appeal ..... Charges of distress Commitment and conveyance to gaol £ s. d. Total....£ CHAPTER II. SPECIAL FORMS OF STATEMENTS OF OFFENCES, &c. In the Statements of Offences in this Chapter, the name and Addition of the Defendant, and the Date and Place of committing the Offence, have been omitted throughout, to avoid their repetition, which would increase the bulk of the Volume, the Statements supposing to commence at, and the words "A. B., of &c., on &c., at &c." to be inserted from the two Asterisks ** in the Form of Information or Complaint, No. 1, ante, pp. 23, 24; and in Warrants, Summonses, Commitments, Convictions, &c. to be inserted where the words "here set out the Offence," or words to that effect, occur in the general Forms or Outlines in Chap. I. The words" contrary, &c." are the abbreviations for "contrary to the form of the statute in such case made and provided." AIDERS AND ABETTORS. [The description of Offences will be found at page 26, Forms No. 6 and 7.] ALEHOUSES. 1. Offences against the Licence. II. Other Offences. III. Proceedings on Charge of a Third Offence, and on Appeal. I. OFFENCES AGAINST THE LICENCE. 1. Fraudulently diluting or adulterating exciseable Liquors]-being 9 Geo. 4, c. 61, then an alehouse keeper, and duly licensed to sell exciseable liquors by s. 21. retail in his house or premises there situate*, did unlawfully fraudulently dilute [or adulterate] a certain quantity of a certain exciseable liquor, to wit, two gallons of gin, then in the possession of him the said A. B., by mixing a certain quantity, to wit, one quart of water therewith, against the tenor of his said licence, and contrary to the form of the statute in such case made and provided. 2. Selling adulterated Liquors.]-Proceed to the asterisk* in No. Id. 1, then :-did unlawfully sell to one E. F. a certain quantity of a certain exciseable liquor, to wit, two gallons of gin, before then fraudulently diluted [or adulterated] by the said A. B. [or by some person or persons unknown], he the said A. B. then well knowing that the same were so fraudulently diluted or adulterated, against, &c. 3. Not using Standard Measure.]—Proceed to the asterisk* in Id. No. 1, then-did in selling to one E. F. a certain quantity of a certain exciseable liquor, to wit, two gallons of gin, unlawfully use a certain measure as and for a gallon, which was not then of the legal standard, but, on the contrary, was less, to wit, one pint less than a gallon measure of the legal standard, against, &c. O. F. F 9 Geo. 4, c. 61, s. 21. Id. Id. Id. Id. Id. Id. Id. 4. Permitting Drunkenness.]-Proceed to the asterisk* in No. 1, then-did wilfully [or knowingly] permit drunkenness and other disorderly conduct in his said house and premises, there situate, against, &c. 5. Permitting disorderly Conduct.] - Proceed to the asterisk* in No. 1, then-did wilfully [or knowingly] permit disorderly conduct in his said house and premises, by then and there suffering persons, to the number of twelve and more, to remain fighting, drinking and making a great noise and disturbance there [or as the case may be], at a late hour of the night, to wit, at one o'clock, against, &c. 6. Suffering unlawful Games.]—Proceed to the asterisk * in No. 1, then: did knowingly suffer a certain unlawful game, to wit, an unlawful game of rouge et noir [or hazard] to be played by one E. F. and G. H., and several other persons unknown [or by several persons unknown], in his said house and premises, against, &c. 7. Suffering Gaming.]—Proceed to the asterisk* in No. 1, then :— did knowingly suffer gaming in his said house and premises so licensed, by then and there permitting one E. F. and G. H. [or several persons unknown] to play [for money or ale, if the case] at cards [or as the case may be], against, &c. 8. Permitting Persons of notoriously bad Character to assemble.] Proceed to the asterisk* in No. 1, then :-did knowingly permit [or suffer] one E. F., one F. G. and other persons, the said E. F., F. G. and the said other persons then being persons of notoriously bad cha racter, [or knowingly permit [or suffer] divers persons of notoriously bad character to assemble and meet together in his said house and premises, against, &c. 9. Opening House during Afternoon Divine Service.]-Proceed to the asterisk in No. 1, then :-and the said day being Sunday [Christmas Day or Good Friday] did keep open his said house for the reception of persons, not being travellers, during the usual hours of the afternoon divine service in the church [or chapel] of the said parish of to wit, at o'clock in the afternoon, against, &c. 10. Suffering Liquor to be conveyed during Divine Service.]-Proceed to the asterisk* in No. 1, then: - and the said day being Sunday [or Christmas Day or Good Friday] did permit [or suffer] a certain quantity of an exciseable liquor, to wit, one quart of ale, to be conveyed by one E. F. [or a person unknown] from and out of his said house and premises during the usual hours of the afternoon divine service in the church [or chapel] of the said parish of to wit, at three o'clock in the afternoon, against, &c. 11. Not maintaining good Order.]-Proceed to the asterisk* in No. 1, then :-did not maintain good order and rule in his said house and premises, but on the contrary thereof, he the said A. B.* did then and there permit and suffer great noises, shouting and fighting therein, to the great disturbance of the neighbourhood [or as the case may be], against, &c. 11a. Summons to Defendant.] - This will be in the usual form No. 8, ante, p. 26, adding at the end :-And have you then there your said licence to be by you produced at the hearing of the said information. 11b. Forms to be used in enforcing the Conviction.]-No. 39, ante, p. 39 Distress Warrant, &c. No. 53-58, p. 48-51. The conviction should show it to have taken place before the justices, "acting in Petty Sessions in and for the division of in the same county, and describe the parish where the offence was committed to be, "in the said county of -, and in the said division." If for a second or third offence, add the averment of the previous conviction, as shown in the form, No. 43d, ante, p. 42. The title of the statute is given in the form of conviction in s. 32 of the 9 Geo. 4, c. 61, as :- against the provisions of an act to regulate the granting of licences to keepers of inns, alehouses and victualling houses in England." This may be inserted or not, after the description of the offence in the conviction and the subsequent forms. 66 II. OTHER OFFENCES. 12. Selling without Licence]-did unlawfully sell [or barter, ex- 9 Geo. 4, c. 61, change, or for valuable consideration, to wit, dispose of] or did permit or suffer] to be sold [or bartered], &c. by retail, a certain quantity of a certain exciseable liquor, to wit, one pint of ale, to one E. F., to be drunk and consumed in his house and premises there situate, he the said A. B. not being then and there duly licensed so to do, and not being then and there the heir, executor, administrator or assignee of any person duly licensed so to do, contrary, &c. s. 18. 13. Licensed Person selling in unlicensed Premises.]-Proceed to Id. the asterisk* in form No. 1, ante, p. 65, and then: sell [or barter], &c. [or permit or suffer] to be sold [or bartered, &c.] by retail, a certain quantity of a certain exciseable liquor, to wit, one pint of ale, to one E. F. to be drunk and consumed in a certain other house of him the said A. B., situate in Street, in the parish of aforesaid, the said last-mentioned house not being the house or premises specified in such licence, and the said A. B. not being then the heir, executor, administrator or assignee of any person duly licensed to sell exciseable liquors, to be drunk or consumed in the said last-mentioned house, contrary, &c. 14. Not selling by Standard Measure.]-Proceed to the asterisk* Id. s. 19. in form No. 1, ante, p. 65, and then :-and being then and there required by one E. F. to sell by retail in his said house and premises a certain quantity of a certain exciseable liquor, to wit, one gallon of ale, by the gallon sized according to the standard, and being then and there also required by the said E. F., so then and there purchasing the said liquor, to retail the same in a vessel sized according to the standard, did therein make default, and did then and there sell the said ale by a measure much less, to wit, one pint less than the standard gallon, contrary, &c. 15. Not closing House in case of Riot, &c.]-Proceed to the second Id. s. 20. asterisk* in form No. 11, ante, p. 66, and then :-did keep open his 1 2 & 3 Vict. c. 93, s. 16. Annual Mutiny Act. Id. 11 & 12 Vict. c. 49, s. 1. Id. said house at [or after] the hour of in the 16. Harbouring or entertaining County Police]-being then and there a victualler [or a keeper of a house, shop, room, or other place], there for the sale of spirituous liquors [or otherwise] did then and there knowingly harbour [or entertain, or did then and there knowingly permit to remain and abide in his said house] one E. F., a constable then belonging to the constabulary force of the said county of during part, to wit, one hour, of the time appointed for the said E. F. being on duty, contrary, &c. 17. Not receiving Billeted Soldier.]-Proceed to the asterisk* in form No. 1, ante, p. 65, and then:—and being a person liable under the statute in that behalf to have officers and soldiers quartered upon him, did then and there refuse to receive and afford proper accommodation [or diet], to wit in his house so licensed as aforesaid, to one È. F., a soldier in her Majesty's regiment of, then and there duly quartered upon him by one G. H., the person employed by virtue of the statute in that behalf in billeting soldiers in the said parish, contrary, &c. 18. Refusing to pay Compensation, &c. for Stables, &c. for Soldiers.]-Proceed as directed in form No. 17, supra, to the second asterisk*, and then :-and not having good and sufficient stables for the horse of one E. F., a soldier in her Majesty's regiment of then and there duly quartered upon him by one G. H., the person employed by virtue of the statute in that behalf in billeting soldiers in the said parish, did then and there refuse to pay over to one H. I., who provided stabling for the said horse, the sum of as theretofore directed by one J. S., Esquire, a justice of the peace, to be paid as an allowance by way of compensation by the said A. B. to the said H. I., contrary, &c. 19. Opening House before half-past twelve on Sunday Morning.]— Proceed to the asterisk* in form No. 1, ante, p. 65, and then :- and the said day being [Sunday, Christmas Day or Good Friday] did unlawfully open his said house for the sale of wine, spirits, beer and other fermented or distilled liquors [naming which of them according to the fact], before half-past twelve o'clock in the afternoon of the said day [or before the termination of the morning divine service in the church [or chapel] of the parish of -], to wit, at o'clock in the noon, otherwise than as refreshment for travellers, contrary, &c. 20. Selling before half-past twelve on Sunday Morning.]-Proceed to the asterisk* in form No. 1, ante, p. 65, and then :-and the said day being Sunday [or Christmas Day or Good Friday] did sell to one E. F. a certain quantity of a certain liquor, to wit, one pint of beer [or as the case may be], before half-past twelve o'clock in the afternoon [or before the termination of the morning divine service in the church or chapel] of the said parish of -], to wit, at o'clock in the noon, the said E. F. not then being a traveller, and the said beer [or as the case may be] not being then sold as refreshment for travelTers, contrary, &c. |