(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 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 intent to evade the provisions of the act, to be deemed drinking on the premises, p. 23. § 5. To what persons provisions for billeting soldiers under mutiny acts shall extend, p. 23. § 6. Justices of the peace to regulate the times of opening and closing houses, 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 magistrates, p. 24. 11. The powers, forms, provisions, and penalties of 1 W. 4. c. 64. to apply to persons licensed under this act, and to their sureties, &c., p. 25. § 12. Recited act to continue in force, except as hereby altered, p. 25. 13. Duties on beer licences under 1 W. 4. c. 64. repealed, and new duties granted in lieu thereof, p. 25. § 14. Such duties to be under the management of commissioners of excise, and to be recovered and accounted for under the provisions of recited act, p. 25. $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 population 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 4 & 5 W. 4. c. 85. to authorize consumption thereof on the premises, unless granted upon certificate. Every person applying for a licence to sell beer to be drank on the premises to deposit with the commissioners of excise a certificate of good character signed by six rated inhabitants of the parish, &c. one of the over seers. in which beer and cyder is sold by retail under the provisions of an act passed in the first year of the reign of his present majesty, intituled An act to permit the general sale of beer and cyder by retail in England, and it is expedient to amend the provisions of the said act in certain particulars;" it is enacted, "that from and after the commencement of this act it shall be lawful for the commissioners of excise, or other persons duly authorized to grant licences for the sale of beer, ale, porter, cyder, or perry, under the provisions of the said recited act, to any person applying for the same, but that such licence shall not authorize the person obtaining it to sell beer or cyder to be drank or consumed in the house or on the premises specified in the same licence, unless the same be granted upon the certificate herein-after required." § 2. "Every person applying for a licence to sell beer or cyder by retail, intending the same to be drank in the house or on the premises, shall, in addition to the application setting forth the particulars required by the said recited act, annually produce to and deposit with the commissioners of excise, collector, supervisor, or other person authorized to grant such licence within the parish, township, or place in which the person so applying intends to sell beer or cyder by retail, a certificate signed by six persons residing in and being and describing themselves to be inhabitants of such parish, township, or place, and respectively rated therein to the poor at not less than 6., or and certified by occupying a house therein rated to the poor at not less than 67., none of whom shall be maltsters, common brewers, or persons licensed to sell spirituous liquors or beer or cyder by retail, nor owners or proprietors of any house or houses licensed to sell such liquors or beer or cyder by retail, stating that the person applying for the licence is of good character; and at the foot of such certificate one of the overseers of the parish, township, or place shall certify (if the fact be so) that such six persons are inhabitants respectively rated as aforesaid; and such certificate and licence shall respectively be in the forms of the schedule annexed to this If not ten rated act: Provided always, that in any parish, township, or district maintaining its own poor, in which there are not ten inhabitants rated to the relief of the poor to the amount of 67. each, or not the majority of Occupying houses respectively rated to the poor at 61. each, (not being maltsters, common brewers, or persons licensed to sell spirituous liquors or beer or cyder by retail,) the certificate of the majority of such inhabitants of such parish, township, or district maintaining its own poor, as are rated to the amount of 6l. each, shall be deemed to be a sufficient certificate for the purposes of this act." inhabitants in the place, the certificate of them. Penalty on overseers re fusing to certify as required. § 3. "If any overseer of any parish, township, or place shall, after application made to him by or on behalf of the person applying for the licence required by this act, refuse or neglect to certify, if the fact be so, that the persons who have signed such certificate are inhabitants rated respectively as aforesaid, he shall forfeit and pay any sum of money not exceeding 5., to be recovered before any justice of the peace acting for the county in which such parish, township, or place shall be situate, on complaint of the person by whom the application shall have been made, unless such overseer of the poor shall shew to the satisfaction of such justice reasonable cause for such neglect or refusal." with intent to § 4. "If any person licensed to sell beer or cyder not to 4 & 5 W. 4. be consumed upon the premises shall, with intent to evade the c. 85. provisions of this act, take or carry, or authorize or employ Permitting or permit or suffer any person to take or carry any beer or drinking beer cyder out of or from the house or premises of such licensed in a neighbourperson for the purpose of being sold on his account or for his ing house or in benefit or profit drunk or consumed in any other house, or in any shed, &c. any tent, shed, or other building of any kind whatever belonging evade the proto such licensed person, or hired, used, or occupied by him, visions of the such beer or cyder shall be deemed and taken to have been act, to be deemdrunk or consumed upon the premises, and the person selling ed drinking on the same shall be subject to the like forfeitures and penalties the premises. as if such beer or cyder had been actually drunk or consumed in any house or upon any premises licensed only for the sale thereof as aforesaid." § 5. "The provisions in respect of billetting soldiers in victualling houses contained in any act of parliament for punishing mutiny and desertion, and for the better payment of the army and their quarters, shall extend only to such persons licensed under this and the said recited act as shall be licensed to sell beer or cyder to be drunk and consumed in the house or on the premises, and shall not extend or be deemed or construed to extend to such persons as shall be licensed to sell beer or cyder not to be consumed on the premises; any thing in the said recited act or this act to the contrary notwithstanding." To what persons provisions for billetting soldiers under mutiny acts shall extend. Justices of the peace to regulate the times of opening and closing houses. §. 6. "It shall be lawful for the justices of the peace of every county, riding, division, franchise, liberty, city, town, and place, in petty sessions assembled, and they are hereby required, to fix once a year, within thirty days after the passing of this act, in this year, and in every future year, in the counties of Middlesex and Surrey, within the first ten days of the month of March, and in every other county on some day between the 20th day of August and the 14th day of September inclusive, the hours at which houses and premises licensed to sell beer under this act shall be opened and closed: Provided always, Appeal. that any person thinking himself aggrieved by any such order to be so made, may appeal to the justices of the peace in quarter sessions assembled, at any time within four calendar months after the making of such order, giving to the justices by whom such order shall have been made fourteen days' notice of his intention to appeal, and the decision of the said justices so assembled in quarter sessions shall be final and conclusive: Provided also, that the hour so to be fixed for opening any such house shall not in any case be earlier than five of the clock in the morning, nor for closing the same later than eleven of the clock at night, or before one of the clock in the afternoon on Sunday, Good Friday, Christmas Day, or any day appointed for a public fast or thanksgiving; and the hours so fixed from time to time by such justices, with reference to the districts and places within their respective jurisdictions, shall be deemed and taken to be the hours to be observed and complied with under this act, as fully as if the same had been specially appointed by this act." § 7. "It shall be lawful for all constables and officers of police, and they are hereby authorized and empowered to enter into all houses which are or shall be licensed to sell beer or spi Proviso as the hours to be fixed for opening and closing houses. Empowering constables, &c. to visit licensed houses. 4 & 5 W. 4. c. 85. Penalty for making or using false certificates. Licences obtained on false certificates to be void. No licence for beer to be drank on the premises to be granted without a certi ficate. Retailers com duce their li cences on re quisition of two magistrates. rituous liquors, to be consumed upon the premises, when and so often as such constables and officers shall think proper; and if any person having such licence as aforesaid, or any servant or other person in his employ, or by his direction, shall refuse to admit, or shall not admit such constable or officer of police into such house or upon such premises, such person having such licence shall for the first offence forfeit and pay any sum not exceeding 5., together with the costs of the conviction, to be recovered within twenty days next after that on which such offence was committed, before one or more justices of the peace; and it shall be lawful for any two or more justices before whom any such person shall be convicted of such offence for the second time, to adjudge, if they shall so think fit, that such offender shall be disqualified from selling beer, ale, porter, cyder, or perry, by retail, for the space of two years next after such conviction, or for such shorter space of time as they may think proper." § 8. "If any person shall, in any certificate required by this act, certify any matter as true, knowing the same to be false, or shall make use of any certificate for the purposes of this act, knowing such certificate to be forged, or the matters certified therein to be false, every such person shall, on conviction of such offence before two or more justices of the peace, forfeit and pay the sum of twenty pounds; and every licence for the sale of beer or cyder by retail which shall be granted to any person who shall have made use of any such certificate in order to obtain the same, such person knowing such certificate to be forged, or the matters certified therein to be false, shall be void to all intents and purposes; and any person who shall have made use of such certificate shall for ever hereafter be disqualified from obtaining a licence to sell beer or cyder by retail under the provisions of the said recited act or this act." § 9. "No licence for the sale of beer or cyder by retail to be consumed or drank in the house or on the premises shall be granted, except upon the certificate hereby required: Provided always, that in all extra-parochial places the certificate required by this act may be signed and given by inhabitants rated to the poor at six pounds in any adjoining parish or parishes." § 10. "In case any complaint shall be laid before two justices pellable to pro- of the peace against any person licensed for any offence against the tenor of his licence, or against this act or the said recited act, it shall be lawful for the said justices (if they shall think fit) to require such person to produce his licence before them for their examination; and if such person shall wilfully neglect or refuse so to do, he shall forfeit and pay for such offence such sum not exceeding five pounds, as the said justices shall think proper; and such person shall and may be convicted, proceeded against, and dealt with for such offence in all respects in the same manner, mutatis mutandis, as is directed by the said recited act with regard to persons guilty of a first offence against the said act; and the penalty imposed for such offence shall be applied in the same manner as a penalty for a first offence against the said act is thereby directed to be applied." The powers provisions, and penalties of 1 sons licensed under this act, and to their sureties, &c. 11. "All the powers, regulations, proceedings, forms, pe- 4 & 5 W. 4. nalties, forfeitures, and provisions contained in the said recited c. 85. act with reference to persons licensed under the said act, and to the offences committed by such persons against the said act, or against the tenor of any licence granted under the said act, and also with reference to the sureties of such persons, and to persons doing the things thereby prohibited without the licence required by the said act, shall (except where they are altered by this act, or are repugnant thereto) be deemed and taken to be applicable to all persons licensed under this act, and to all offences committed by such persons of the same description as the offences mentioned in the said act, and to the sureties of all such persons in respect of such offences, and to all persons doing, without the licence required by this act, things of the same description as the things prohibited without the licence required by the said act, as fully and effectually as if all the said powers, regulations, proceedings, forms, penalties, forfeitures, and provisions had been repeated and re-enacted in this act, with reference to persons licensed under this act, and to the sureties of such persons, and to persons acting without the licence required by this act; and also, all the powers, regulations, and provisions in the said act contained, authorizing any party convicted to appeal to the general sessions or quarter sessions of the peace against any conviction under the said act, shall also extend and apply to any convictions under this act." § 12. "All the provisions of the said recited act shall be Recited act to deemed and taken to be in full force, save and except where continue in the same are altered by this act; and so much of the said force, except as act as relates to the interpretation of certain words therein hereby altered. mentioned shall be applied to the interpretation of the same words where used in this act." § 13. "From and after the passing of this act the duties payable on excise licences for the selling of beer by retail under the provisions of the said recited act shall cease and determine, and in lieu of such duties there shall be levied, collected, and paid upon the licences hereby authorized to be granted the duties following; (that is to say,) For and upon every licence to be taken out by any person for the selling by retail of beer not to be drank or consumed in or upon the house or premises where sold, the annual sum of one pound one shilling: For and upon every licence to be taken out by any person for the selling by retail of beer to be drank or consumed in or upon the house or premises where sold. the annual sum of three pounds three shillings." Duties on beer licences under the 1 W. 4. and new duties c. 64. repealed, granted in lieu thereof. commissioners 14. "The said last mentioned duties shall be under the Such duties to management of the commissioners of excise, and shall be raised, be under the levied, collected, and recovered, and accounted for and paid in management of the same manner, and by the same means, and under the of excise, and same regulations and provisions, pains, penalties, and forfeitures, to be recovered as are prescribed in the said recited act, with respect to and accounted the duties hereby repealed; all which said regulations and for under the provisions, pains, penalties, and forfeitures, shall apply to the provisions of duties hereby imposed, and shall be enforced in respect of recited act. |