3 & 4 Vict. c. 61, s. 5. Id. s. 6. Id. Id. Id, s. 17. 4 & 5 Will. 4, c. 61, s. 10. [or the rent paid for the aforesaid in a larger sum than the sum of 30. The like, granting any Certificate false in any other respect.]— Proceed to the asterisk* in form No. 28, supra, and then :-grant a certificate in writing, certifying that [as it may be], whereas the said certificate was and is wilfully false, for that [here negative the statement in the certificate], contrary, &c. * 31. Forging a Certificate] --did, for the purpose of obtaining for himself [or enabling one E. F. to obtain] a licence to retail beer or cider, forge [or counterfeit] a certain certificate required under the provisions of the statute in that behalf made and provided, to wit, a certificate in the words and figures following, that is to say [copy forged certificate verbatim], contrary, &c. 32. Producing or making use of forged Certificate.]—Proceed to the asterisk* in form No. 31, and then :-produce [or make use of] to one F. G., an officer of inland revenue, a certain certificate required under the provisions of the statute in that behalf made and provided, to wit, a certificate in the words and figures following, that is to say [copy forged certificate verbatim], the said A. B. then and there well knowing the same to be forged or counterfeit [or the matters certified therein to be false, or one of the matters certified therein, to wit to be false], contrary, &c. 33. Adjudication of Forfeiture of Licence granted upon forged Certificate upon Conviction for Offences described in forms Nos. 31, 32, supra.]—Proceed in the usual form of adjudication in a conviction, adding thereto :-and that the licence obtained by the said A. B. on the said certificate be void; and we the said justices do hereby, in pursuance of the statute in that case made and provided, adjudge and declare the same to be void accordingly. 34. Notice to the Excise, or Inland Revenue Officer, of such Conviction and Adjudication. To the collector of excise [or inland revenue] at day of We, the undersigned, the clerks to her Majesty's justices of the peace acting in and for the division of N. in the [county] of - do hereby, in pursuance of the statute in such case made and provided, give you notice that A. B., of, &c. has been this day duly convicted by them, for that he the said A. B. did on the [state the offence], and that the said justices thereupon adjudged and declared the licence obtained by means of the said forged certificate to be forfeited and void [add also the disqualification of the offender if adjudged). Dated at N. this day of one thousand eight hundred and fifty-six. 2 I. and B., Clerks to the Justices. 35. Permitting Wine or Spirits, &c. to be brought into House.]— Proceed to the first asterisk* in the form No. 14, ante, p. 81, and then-did then and there permit [or suffer] certain wine [or spirits, &c.], to wit, one bottle of port wine [or as the case may be] to be brought into his said house and premises to be drunk [or consumed] there, contrary, &c. 36. Suffering Wine, &c. to be drunk in House.]-Proceed to the 4 & 5 Will. 4, first asterisk in form No. 14, ante, p. 81, and then :-did then and c. 85, s. 16. there suffer certain wine [or spirits, &c.], to wit, one bottle of port wine [or as the case may be] to be drunk [or consumed] in his said house and premises by one E. F. [or by a person unknown], contrary, &c. 37. Selling by other than Standard Measure.]-This can be easily Id. s. 12. drawn from form No. 4, ante, p. 80. 38. Not producing Licence to Justice when required.]-Proceed to Id. s. 10. the first asterisk* in form No. 14, ante, p. 81, and then thus :-did then and there wilfully refuse [or neglect] to produce, and did not then and there produce, his said licence before J. S. and J. P., Esquires, two of her Majesty's justices of the peace in and for the said [county] of for their examination on a certain complaint laid before them against the said A. B. for an offence against the tenor of his said licence, to wit [here describe the offence], although the said A. B. was then and there required by the said justices so to do, contrary, &c. 39. Selling Beer, &c. made otherwise than from Malt and Hops.] 1 Will. 4, c. 64, -Proceed to the first asterisk in form No. 14, ante, p. 81, and then s. 13. thus:-did then and there knowingly sell to one E. F. one gallon of ale, which was then and there made otherwise than from malt and hops, to wit, from —, he the said A. B. then and there well knowing the said ale to be so made from as aforesaid, contrary, &c. 40. Mixing, &c. Drugs, &c. in Beer sold.]-Proceed to the first Id. asterisk* in form No. 14, ante, p. 81, and then thus:-did then and there mix [or cause to be mixed] three ounces of a certain drug [or pernicious ingredient] called with the ale in a certain cask in his said house and premises, one gallon of which said ale the said A. B. afterwards, to wit, on the day of then and there in his said house and premises did sell to one E. F., contrary, &c. 41. Fraudulently diluting or adulterating Beer.]-Proceed to the Id. first asterisk in form No. 14, p. 81, and then thus:-did then and there fraudulently dilute [or adulterate] certain ale in a certain cask in his said house and premises, by then and there mixing a certain quantity, to wit, one gallon of water therewith, one gallon of which said ale the said A. B. afterwards, to wit, on the day and year last aforesaid, then and there in his said house and premises did sell to one E. F., contrary, &c. 42. Adjudication on a second Offence, described in forms Nos. 39, Id. 40, 41, supra, disqualifying for Two Years.]-This will be the same as the first portion of form No. 13, ante, 81, omitting the word further. 43. Person convicted of either of the Offences described in the forms Id. Nos. 39, 40, 41, supra, and disqualified from selling, selling in any Place]-having been theretofore A, to wit, on the day of in the year of our Lord duly convicted before J. S. and J. P., Esquires, two of her Majesty's justices of the peace in and for the said [county] of of a certain offence, to wit [here describe the offence as in either of the forms Nos. 39, 40, 41, as the case may be, as for a second offence, and then thus:-and the said justices did thereby adjudge that the said A. B. for his said second offence should be dis 1 Will. 4, c. 64, s. 13. 3 & 4 Vict. c. 61, s. 7. qualified from selling beer, ale or porter by retail for the term of two [or in a certain house situate at in the parish of certain ale, to wit, one quart of ale, by retail, contrary, &c. 44. Other Person selling on Premises during Period disqualified] -and during the term of two years hereinafter mentioned sell to one E. F. [or to some person unknown] certain ale, to wit, one quart of ale by retail, on the premises of one M. N. at ———, in the parish of aforesaid, who had been theretofore [here insert the matter between the A and B in the form No. 43, supra, and then proceed:] he the said A. B. well knowing that he the said M. N. was so convicted as aforesaid, and that it was not lawful to sell ale as aforesaid, contrary, &c. 45. Selling after having been convicted of Felony and thereby disqualified, or of selling Spirits without Licence]-having been theretofore, to wit, on the day of in the year of our Lord at the general quarter sessions of the peace holden at the said [county] of lawfully convicted of felony, to wit [here describe the offence as in the clerk of the peace's certificate], in and for [or, from the asterisk*, duly convicted before J. S. and J. P., Esquires, two of her Majesty's justices of the peace in and for the [county] of of a certain offence, to wit [here describe the offence of selling spirits without licence as in the previous conviction, then thus:] and thereby for ever thereafter disqualified by virtue of the statute in such case made and provided from selling beer and cider by retail,] did on the day and year first aforesaid, to wit, on the day of at the parish of aforesaid, sell to one E. F. [or to a person unknown], in a certain house and premises of him the said A. B. there situate, certain beer, to wit, one quart of beer by retail, contrary, &c. As to harbouring county police constables, and as to soldiers' billets, see Forms No. 16, 17, 18, ante, p. 68, tit. Alehouses. 46. Forms to be used in enforcing the Conviction No. 39, ante, p. 39, in either of the foregoing Cases.]-Same as in No. 12, ante, p. 81. 1 Will. 4, c. 64, s. 19. IV. PROCEEDINGS AGAINST SURETIES OF BEERHOUSE Keeper. a certain excise licence was granted to A. B., of the parish of - bond to the commissioners of excise [or of inland revenue] in the 1 Will. 4, c. 64, penal sum of conditioned for the payment by the said A. B., or s. 19. by the said E. F. and F. G. 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 Ă. B., or for the said sum of pounds, in case such penalty should exceed the said sum; that more than one calendar month now last past, to wit, on the day of last, at a petty session of her Majesty's justices of the peace in and for the division of N., in the county of the said A. B. was duly convicted before us the said justices, for that he the said A. B. on the day of -, at the parish of aforesaid, did [here describe the offence and adjudication as in the conviction]; and that he the said A. B. hath not as yet paid the said penalty of or any part thereof. 48. Summons to the Sureties.]-This would be in the usual general Id. form, No. 8, ante, p. 26, adding at the conclusion, instead of and to be further dealt with according to law, these words, "and to show cause why the penalty mentioned in the said bond should not be paid by you the said E. F. and F. G., or so much thereof as should be sufficient to pay the penalty so incurred by the said A. B. as afore said." 49. Order and Adjudication upon Sureties for the Penalty.]— Id. Proceed as in the form of Order No. 44, ante, p. 42, to the end of recital of complaint (47, supra), then, on non-appearance, recite the service of summons, to answer the said complaint and to show cause why [&c. as in summons, 48, supra; then the adjudication of the sum within fourteen days from the date hereof, and the distress in default, &c. 50. Forms of enforcing the Order, No. 49.]—Distress Warrant, &c., No. 66 to 71, ante, p. 56-58. V. PROCEEDINGS ON APPEAL AGAINST CONVICTION FOR A THIRD OFFENCE. 51. Recognizance of Constable or Peace Officer to give Evidence Id. ss. 16, 18. at Quarter Session, and Notice, or to prosecute.]-These may be easily drawn from the forms, No. 27, ante, p. 70, or No. 32, ante, p. 71. BETTING HOUSES. 1. Occupier keeping Room, &c. for Betting, &c.]-being then and 16 & 17 Vict. there the owner [or occupier, or a person using] a certain house [or c. 119, s. 3. office, or room in a certain house, or place, to wit, a -], situate at number in street, in the said parish of did then and there unlawfully open [or keep and use] the said house [or room, &c.]* for the purpose of betting with persons resorting thereto upon certain events and contingencies of and relating to certain horse races, contrary, &c. [Other purposes may be described as follow from the asterisk *] for the purposes of the said owner [or occupier, or keeper thereof, 16 & 17 Vict. c. 119. Id. s. 3. Id. Id. s. 4. Id. —or one C. D. who was then using the said house,-or one E. F. who was then procured or employed by and acting for and on behalf of the said owner [or occupier, or keeper],--or one E. F. who then had the care and management, or was conducting the business thereof, -for the purpose of money or valuable thing being received by [or on behalf of the said owner [or occupier, keeper, or C. D., or E. F.] as or for the consideration for a certain assurance, undertaking, promise and agreement to pay and give thereafter, to wit, on, a certain sum of money [or valuable thing], to wit, on the happening of a certain event and contingency, to wit [describe it],-[or as and for the consideration for securing the paying and giving by one F. G. of a certain sum of money [or valuable thing], to wit, on the happening of a certain event and contingency, to wit, -}. 2. Permitting Room, &c. to be used for Betting]-being then and there the owner [or occupier] of a certain house [or room, or office in a certain house, or place, to wit, a -], situate at number - in street, in the said parish of - did then and there unlawfully, knowingly and wilfully permit the said house [or as the case may be] to be opened, kept and used by certain other persons for the purpose of betting upon certain events and contingencies of and relating to certain horse races, contrary, &c. 3. Persons having the Management of Room]—unlawfully had the care and management of [or was assisting in conducting the business of] a certain house [or office, or room in a certain house, or place, to wit, a -], situate at number in street, in the said parish of --, then and there opened, kept and used for the purpose of other persons betting therein upon certain events and contingencies of and relating to horse races, contrary, &c. [or describe the other purposes as in form, No. 1]. 4. Receiving Money as a Deposit on a Bet]-being then and there the owner [or occupier, or acting for and on behalf of one G. H. the owner or occupier, or being the person having the care and management, or assisting in conducting the business] of a certain house [or office, or room in a certain house, or place], situate at number- in street, in the said parish of opened, kept and used for the purpose of [describe the purpose as in the form, No. 1], did unlawfully receive of one F. H. certain money [or valuable thing], to wit, the sum of as a deposit on a certain bet on condition of paying the sum of to the said F. H. on the happening of a certain event and contingency of law relating to a horse [or foot] race [or as the case may be], [or as for the consideration for a certain assurance, undertaking, promise and agreement made by the said A. B. with the said F. H. to pay or give the said F. H. thereafter the sum of on the happening of a certain event and contingency, to wit, -], contrary, &c. 5. Person giving Acknowledgement on Receipt of Deposit Money] -did unlawfully give to one F. H. an acknowledgement [or note, security, or draft] on the receipt by him the said A. B. of the sum of paid by him the said F. H. as a deposit on a certain bet [proceed to the end of the last form], and which acknowledgement [or note, security, or draft] purported or intended to entitle the bearer [or the said F. H.] to receive the sum of [or -] on the happening of the said event and contingency as aforesaid, contrary, &c. |