1 W. 4. c. 64. sions, and filed of record. Writ of cer allowed. returned, to the next general session or quarter session of the peace holden for the county or place wherein the offence shall have been committed, and such conviction shall be then and there delivered to the clerk of the peace or other person acting as such, to be by him filed or enrolled amongst the records of the said court; and the certificate of the clerk of the peace of such conviction, which he is hereby required to grant on demand, upon payment of 1s., shall be legal evidence of every such conviction." $27. "No conviction under this act, nor any adjudication tiorari not to be made upon appeal therefrom, shall be quashed for want of form, nor shall be removed by writ of certiorari or otherwise into any of his majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and that there be a good and valid conviction to sustain the same." Actions against justices, &c. Act not to affect the two universities, nor the Vintners' Company in London; nor to prohibit the sale of beer at fairs as here tofore. Licences to retail cyder may be granted under the regu lations of this act, on payment of 11. 1s. duty. $28. "Every action against any justice, constable, or other person, for or on account of any matter or thing whatsoever done or commanded by him in the execution of his duty or office under this act, shall be commenced within three calendar months after the cause of action or complaint shall have arisen, and not afterwards; and if any person shall be sued for any matter or thing which he shall have done in the execution of this act, he may plead the general issue, and give the special matter in evidence." § 29. "Provided always, and be it further enacted, that nothing in this act contained shall extend to alter or in any manner to affect any of the rights or privileges of the universities of Oxford or Cambridge, or any of the powers and authorities vested by charter or otherwise in the chancellors, masters, and scholars of the said universities, and their successors, or in the master, wardens, freemen, and commonalty of the vintners of the city of London, but not to extend to those freemen of the said company of vintners who have obtained the same by redemption only; nor in any way to affect any licence to the keeper of any inn, alehouse, or victualling house, unless in so far as relates to the sale of beer by retail; nor to prohibit any person from selling beer in booths or other places at the time and within the limits of the ground or place in or upon which is holden any lawful fair, in like manner as such person was authorized to do before the passing of this act." § 30. "And whereas it is expedient that the sale of cyder and perry by retail should be licensed in like manner and should be subject to the like regulations as the sale of beer; be it therefore enacted, that from and after the tenth day of October one thousand eight hundred and thirty, it shall be lawful for any person desirous of selling cyder and perry by retail to apply for and to obtain an excise licence for that purpose, under the same regulations in all respects (except as hereinafter is otherwise provided) as are in this act prescribed and contained with respect to persons desirous of selling beer, ale, and porter, by retail, and of being Provisions and licensed for that purpose; and that all the clauses, regulations, penalties of this and provisions in this act contained, relating to the sale of beer by act with respect retail, and to the licences for selling the same, and to the sureties for the parties licensed, and to the conduct of the parties licensed, and to all other matters whatever respecting the selling of beer by retail, and the retailers thereof, and the licences for the same, to the sale of beer to apply to the sale of cyder. and the houses where the same are sold, and the penalties against 1 W. 4. c. 64. the parties licensed, shall be taken and deemed to be applicable to the sale of cyder and perry by retail, and to licences for the same, and to the sellers of cyder and perry by retail, as if cyder and perry, and the retailers thereof, were expressly mentioned and specified in and throughout this act: Provided always, that the person receiving a licence for selling cyder or perry by retail shall pay for such licence a duty of 17. 1s., and no more, instead of the duty of 21. 2s. herein-before mentioned, and which said duty of 11. 18. shall be applied in like manner as the said duty of 21. 2s. is herein-before directed to be applied; and every such licence shall be according to the form in the schedule annexed to this act: Provided also, that any person licensed under this act to sell beer by retail may sell also cyder and perry by retail without receiving a separate licence for that purpose; but that no person licensed to sell cyder and perry by retail, and paying for such licence, as herein provided, the sum of 1. 1s., shall be at liberty to sell beer by retail." Persons licensed to retail retail cyder. beer may also as public houses to extend to persons licensed under this act. § 31. "Provided always, and be it enacted, that any and every Covenants covenant or clause of restriction contained in any lease or contract against houses, between any landlord and tenant, whereby the trade or business &c. being used of a victualler or publican is prohibited from being carried on in any house, building, or place, mentioned or comprised in such lease or contract, or whereby any such house, building, or place, is prohibited from being used as a public house or alehouse, shall apply and extend and shall be construed to apply and extend to every person who shall be licensed to sell beer, ale, or porter, or cyder or perry, under the provisions of this act, and to any and every house specified and mentioned in the licence granted to such persons." § 32. "And in order to remove doubts as to the meaning of Rules for the certain words in this act, be it enacted, that the word 'justice' interpretation shall be deemed to mean justice of the peace; and that the word of this act. 'person,' and the word 'party,' shall be deemed to include any number of persons and parties; and that the word 'licence,' and the word 'day,' and the word 'time,' and the word 'house,' and the word 'place,' shall each be deemed to include any number of licences, days, times, houses, or places; and that the word 'beer' shall in all cases be deemed to include beer, ale, and porter; and that the word 'cyder' shall in all cases be deemed to include cyder and perry; and that the word county,' and the words 'county or place,' shall be deemed severally to include any county, riding, division of the county of Lincoln, hundred, division of a county, liberty, division of a liberty, county of a city, county of a town, city, cinque port, or town corporate; and the words 'division or place' shall be deemed to include any division of a county or riding, liberty, division of a liberty, county of a city, county of a town, city, cinque port, or town corporate; and that the words 'parish or place' shall be deemed to include any township, hamlet, tithing, vill, extra-parochial place, or any place maintaining its own poor; and that the word 'penalty' shall be deemed to include any fine, penalty, or forfeiture, of a pecuniary nature; and that the meaning of the several words in this act shall not be restricted, although the same may be subsequently referred to in the singular number or masculine gender only." SCHEDULE to which this Act refers. Form of Licence. WE the undersigned, being of the commissioners of the excise [or, I the undersigned, being a person authorized and employed by the commissioners of excise to grant licences for selling beer [or, cyder and perry, as the case may require] by retail, or, being a collector or supervisor of excise for the collection or district of -,] do hereby authorize and empower A. L., now in the parish of within the limits of the chief office of excise [or, within the limits of the said collection or district], to sell beer, ale, and porter [or, cyder and perry] by retail in the dwelling house of the said A. L., and in the premises thereunto belonging, the said A. L. having duly entered into a bond with D. S. of and E. S. being a householder, and dwelling at of as his surety [or, sureties], pursuant to the act in such case made: Provided, and upon condition, that he or she [does not sell any beer, ale, or porter, made otherwise than from malt and hops] [omit these words in licences to retail cyder and perry]; nor mix or cause to be mixed any drugs or other pernicious ingredients in any beer, ale, or porter [or, in any cyder or perry]; nor fraudulently dilute, deteriorate, or adulterate any beer, ale, or porter [or, any cyder or perry]; nor sell any beer, ale, or porter [or, any cyder or perry], knowing the same to have been fraudulently diluted, deteriorated, or adulterated; nor use, in selling any beer, ale, or porter, [or, any cyder or perry] any measures which are not of the legal standard; nor wilfully or knowingly permit any drunkenness or any violent or quarrelsome or other disorderly conduct in his [or, her] house or premises; nor knowingly suffer any unlawful games or any gaming whatsoever therein; nor knowingly permit or suffer persons of notoriously bad character to assemble and meet together therein; nor permit or suffer any beer, ale, or porter [or, any cyder or perry] to be drank or consumed in or upon or to be conveyed from or out of his [or, her] premises between the hours of ten of the clock in the forenoon and one of the clock in the afternoon, nor between the hours of three and five of the clock in the afternoon, on Sundays, Christmas Day, and Good Friday, or any day appointed for a Public Fast or Thanksgiving, nor at any time before the hour of four of the clock in the morning, or after the hour of ten of the clock in the evening, of any day; but do maintain good order and rule therein; and all provisions for billeting officers and soldiers in victualling houses, contained in any act for punishing mutiny and desertion, and for the better payment of the army and their quarters, are to extend and apply to the house and premises mentioned in this licence: and this licence shall continue in force from the day of next until the then next ensuing, and no longer; provided, and upon condition, that the said A. L. shall not in the meantime become a sheriff's officer, or officer for executing the process of any court of justice, nor shall in the meantime cease to be a householder; and this licence shall cease and determine, and shall become void, in case any of the conditions or regulations contained therein shall be transgressed, or shall not be observed by the said A. L. Given under our hands and seals [or, my hand and seal] this day of- one thousand eight hundred and at day of (2.) The Act (4 & 5 W. 4. c. 85.) to amend the former Statute (1 W. 4. c. 64.) for permitting the Sale of Beer and Cyder by Retail. [ 4 & 5 W. 4. c. 85. § 1. Licences to be granted for sale of beer, but not to authorise consumption good character, signed by six rated inhabitants of the parish, &c. if not ten rated inhabitants in the place, the certificate of the ma- § 3. Penalty on overseers refusing to certify as required, p. 22. § 4. Permitting drinking beer in a neighbouring house or in any shed, &c. with § 5. To what persons provisions for billeting soldiers under mutiny acts shall § 6. Justices of the peace to regulate the times of opening and closing houses, P. 23. appeal, p. 23. proviso as to the hours to be fixed for opening and closing houses, § 7. Empowering constables, &c. to visit licensed houses, p. 23, 24. § 8. Penalty for making or using false certificates, p. 24. licences obtained on false certificates to be void, p. 24. 9. No licence for beer to be drank on the premises to be granted without a certificate, p. 24. (but see § 21. p. 27.) 10. Retailers compellable to produce their licences on requisition of two § 11. The powers, forms, provisions, and penalties of 1 W. 4. c. 64. to apply § 14. Such duties to be under the management of commissioners of excise, and 15. Not to affect duty on licences to retail cyder and perry; but such licences to state particulars, p. 26. § 16. Licences under this act not to authorise persons to hold licences for sale penalty on persons licensed under this act permitting wine or spirits $ 17. Penalty on unlicensed persons selling beer and cyder by retail to be 18. The board over the door to state "not to be drunk on the premises," or "to be drunk on the premises,” p. 26. § 19. What is a retailing of beer, cyder, or perry, p. 27. 20. Persons licensed to sell beer or cyder under this act liable to penalties for selling spirits or wine without a licence, p. 27. § 21. Certificate not to be required for houses in certain situations, if popu lation exceed 5000, p. 27. § 22. Service of summons or order, p. 27. § 23. Commencement of act, p. 27.] By stat. 4 & 5 W. 4. c. 85., intituled An act to amend an act 4 & 5 W. 4. passed in the first year of his present majesty to permit the general c. 85. sale of beer and cyder by retail in England, after reciting that Licences to be “much evil has arisen from the management and conduct of houses granted for sale of beer, but not SCHEDULE to which this Act refers. Form of Licence. WE the undersigned, being of the commissioners of the excise [or, I the undersigned, being a person authorized and employed by the commissioners of excise to grant licences for selling beer [or, cyder and perry, as the case may require] by retail, or, being a collector or supervisor of excise for the collection or district of ] do hereby authorize and empower A. L., now being a householder, and dwelling at in the parish of within the limits of the chief office of excise [or, within the limits of the said collection or district], to sell beer, ale, and porter [or, cyder and perry] by retail in the dwelling house of the said A. L., and in the premises thereunto belonging, the said A. L. having duly entered into a bond with D. S. of· and E. S. ofas his surety [or, sureties], pursuant to the act in such case made: Provided, and upon condition, that he or she [does not sell any beer, ale, or porter, made otherwise than from malt and hops] [omit these words in licences to retail cyder and perry]; nor mix or cause to be mixed any drugs or other pernicious ingredients in any beer, ale, or porter [or, in any cyder or perry]; nor fraudu lently dilute, deteriorate, or adulterate any beer, ale, or porter [or, any cyder or perry]; nor sell any beer, ale, or porter [or, any cyder or perry], knowing the same to have been fraudulently diluted, deteriorated, or adulterated; nor use, in selling any beer, ale, or porter, [or, any cyder or perry] any measures which are not of the legal standard; nor wilfully or knowingly permit any drunkenness or any violent or quarrelsome or other disorderly conduct in his [or, her] house or premises; nor knowingly suffer any unlawful games or any gaming whatsoever therein; nor knowingly permit or suffer persons of notoriously bad character to assemble and meet together therein; nor permit or suffer any beer, ale, or porter [or, any cyder or perry] to be drank or consumed in or upon or to be conveyed from or out of his [or, her] premises between the hours of ten of the clock in the forenoon and one of the clock in the afternoon, nor between the hours of three and five of the clock in the afternoon, on Sundays, Christmas Day, and Good Friday, or any day appointed for a Public Fast or Thanksgiving, nor at any time before the hour of four of the clock in the morning, or after the hour of ten of the clock in the evening, of any day; but do maintain good order and rule therein; and all provisions for billeting officers and soldiers in victualling houses, contained in any act for punishing mutiny and desertion, and for the better payment of the army and their quarters, are to extend and apply to the house and premises mentioned in this licence: and this licence shall continue in force from the day of next until the then next ensuing, and no longer; provided, and upon condition, that the said A. L. shall not in the meantime become a sheriff's officer, or officer for executing the process of any court of justice, nor shall in the meantime cease to be a houscholder; and this licence shall cease and determine, and shall become void, in case any of the conditions or regulations contained therein shall be transgressed, or shall not be observed by the said A. L. Given under our hands and seals [or, my hand and seal] this day of- one thousand eight hundred and at day of |