9 G. 4. c. 61.

Duration of licence granted

in event of such

contingency. Notices required.

Fees to be paid for licences.

Penalty for taking larger fees.

Persons disqualified to hold licences.

No excise licence to be

other public purpose, or have become unfit for the reception of travellers, or for the other legal purposes of an inn, and who shall open and keep as an inn some other fit and convenient house, a licence to sell exciseable liquors by retail, to be drunk or consumed therein: Provided always, that every such licence shall continue in force only from the day on which it shall be granted until the fifth day of April or the tenth day of October then next ensuing, as the case may be: Provided also, that every person intending to apply, in any of the above-mentioned cases, at any such special session for a licence to sell exciseable liquors by retail, to be drunk or consumed in a house or premises thereunto belonging, in which exciseable liquors shall not have been sold by retail, to be drunk or consumed on the premises, by virtue of a licence granted at the general annual licensing meeting next before such special session, shall on some one Sunday within the six weeks next before such special session, at some time between the hours of ten in the forenoon and of four in the afternoon, affix or cause to be affixed on the door of such house, and on the door of the church or chapel of the parish or place in which such house shall be situate, and where there shall be no church or chapel, on some other public and conspicuous place within such parish or place, such and the like notice as is herein-before directed to be affixed by every person intending to apply at the general annual licensing meeting for a licence to sell exciseable liquors by retail, to be drunk or consumed in a house not theretofore kept as an inn, and shall in like manner serve copies of the said notice on one of the overseers of the poor, and on one of the constables or other peace officers of such parish or place."

§ 15. "It shall be lawful for the clerk of the justices, as well at the general annual licensing meeting as also at any special session to be holden under this act, to demand and receive from every person to whom a licence shall be granted under this act, for the trouble of such clerk, and for all expenses connected therewith, the sums following, and no more; videlicet, for the petty constable or other peace officer, for serving notices, and for all other services hereby required of such petty constable or other peace officer, the sum of 1s.; for the clerk of the justices, for the licence, the sum of 5s.; and for preparing the precepts to be directed to the high constable, and notices to be delivered by the petty constable, as required by this act, the sum of 1s. 6d. ; and every such clerk, who shall demand or receive from any person for such respective fees in this behalf, any greater sum or any thing of greater value than the sums herein-before specified, being in the whole the sum of 7s. 6d., shall, for every such offence, on conviction before one justice, forfeit and pay the sum of 51."

§ 16. "No sheriff's officer, or officer executing the legal process of any court of justice in any county or place, shall be capable of receiving or using any licence under this act; and every licence granted or transferred to any person exercising any such office shall be void to all intents and purposes."

§ 17. "No licence for the sale of any exciseable liquors by retail, to be drunk or consumed on the premises of the person granted except licensed, shall be granted by the commissioners of excise, or by any officer of excise, to any person whatsoever, unless

to a person li

this act.

such person shall have previously obtained from the justices 9 G. 4. c. 61. a licence under this act, and which said licence of such justices shall be retained by such person after being produced to censed under the commissioners or officers of excise; and every licence granted by the commissioners of excise, or by any officer of excise contrary to this provision, shall be null and void to all intents and purposes."

Penalty for sel

ling exciseable liquors by relicence.

tail without

18. "Every person who shall sell, barter, exchange, or for valuable consideration otherwise dispose of, any exciseable liquor by retail, to be drunk or consumed in his house or premises, or shall permit or suffer any exciseable liquor to be sold, bartered, exchanged, or otherwise disposed of for valuable consideration, by retail, to be drunk or consumed in his house or premises, without being duly licensed so to do; and every person, being duly licensed, who shall sell, barter, exchange, or for valuable consideration otherwise dispose of, or shall permit or suffer to be sold, bartered, exchanged, or otherwise disposed of for valuable consideration, any exciseable liquor by retail, to be drunk or consumed in his house or premises, not being the house or premises specified in such licence, shall respectively, for every such offence, on conviction before one justice, forfeit and pay any sum not exceeding 201. nor less than 5., together with the costs of the conviction: Provided always, that no pe- Proviso in case nalty for such sale, barter, exchange, or other disposal of any of death. such liquor by retail without licence, shall be incurred by the heirs, executors, administrators, or assigns of any person licensed under this act, who shall die, become bankrupt, or take the benefit of any act for the relief of insolvent debtors, before the expiration of his licence, so as such sale, barter, exchange, or other disposal of such liquor be made in the house or premises specified in such licence, and take place prior to the special session then next ensuing, unless such special session shall be holden within 14 days next after the death, bankruptcy, or insolvency of the said person, and in any such case to the special session which shall be holden next after such special session aforesaid."

liquors.

§ 19. "Every person hereby licensed to sell exciseable li- Licensed perquors by retail, to be drunk or consumed in his house or pre- sons to use mises, shall, if required, sell or otherwise dispose of all such standard mealiquors by retail therein (except in quantities less than a half sures in sale of pint) by the gallon, quart, pint, or half pint measure, sized according to the standard, and shall also, if required by any guest or customer purchasing such liquor, retail the same in a vessel sized according to such standard; and in default thereof he shall for every such offence forfeit the illegal measure, and pay a sum not exceeding 40s., together with the costs of the conviction, to be recovered within 30 days next after that on which such offence was committed, before any one justice; and such penalty shall be over and above all penalties to which the offender may be liable under any other act."

§ 20. "It shall be lawful for any two justices acting for any Houses to be county or place where any riot or tumult shall happen or be closed by order expected to take place, to order or direct that every person of justices in cases of riot, licensed under this act, and keeping any house situate within their respective jurisdictions in or near the place where such riot

&c.

9 G. 4. c. 61.

Penalties for

tenor of li

cences.

First offence.

or tumult shall happen or be expected to take place, shall close his house at any time which the said justices shall order or direct; and every such person who shall keep open his house at or after any hour at which such justices shall have so ordered or directed such house to be closed shall be taken and deemed to have not maintained good order and rule therein."

§ 21. "Every person licensed under this act, who shall be offences against convicted before two justices acting in and for the division or place in which shall be situate the house kept or theretofore kept by such person, of any offence against the tenor of the licence to him granted, shall, unless proof be adduced to the satisfaction of such justices that such person had been theretofore convicted before two justices, within the space of the three years next preceding, of some offence against the tenor of the licence subsisting at the time when such last-mentioned offence was committed, be adjudged by such justices to be guilty of a first offence against the provisions of this act relative to the maintenance of good order and rule, and to forfeit and pay any sum not exceeding 5l., together with the costs of the conviction; but if proof shall be adduced to the satisfaction of such justices that such person had been previously convicted before two justices, within the space of the three years next preceding, of one offence only against the tenor of the licence subsisting at the time when such last-mentioned offence was committed, such person shall be Second offence. adjudged by such justices to be guilty of a second offence against the provisions of this act as aforesaid, and to forfeit and pay any sum not exceeding 10l., together with the costs of the conviction; but if proof shall be adduced to the satisfaction of such justices that such person had been previously convicted before two justices, within the space of the three years next preceding, of two separate offences against the tenor of the licences subsisting at the times when such last-mentioned offences were committed, it shall be lawful for the said justices, and they are hereby required, to adjourn the further consideration of the charge so made against such person as aforesaid to the special session to be then next holden under this act for the division or place in which shall be situate the house kept by such person, or to the general annual licensing meeting for the said division or place, if such meeting shall take place before any such special session shall be holden; and such justices shall issue their summons to the person so charged to appear at such special session or at such general annual licensing meeting, then and there to answer to the matter of such charge, and shall bind the person who shall make such charge, and any other person who shall have any knowledge of the circumstances thereof, in a sufficient recognizance, to appear at such special session or at such general annual licensing meeting, then and there to prosecute and to give evidence upon such charge; and if proof shall be adduced to the satisfaction of the justices assembled at such special session or at such general annual licensing meeting, that such person so charged is guilty of the offence with which he is so charged, such person shall be adjudged to be guilty of a third offence against the provisions of this act as aforesaid, and to forfeit and pay any sum not exceeding 50l., together with the costs Hearing of the of the conviction: Provided always, that if at any time before the

Third offence.

case may be

hearing of any such last-mentioned charge, the justices assembled 9 G. 4. c. 61. as aforesaid shall in their discretion think fit to direct that the hearing of such charge shall be adjourned to the general or quarter adjourned to session of the peace then next ensuing, there to be inquired of the quarter sesby a jury, or if the person so charged shall, in writing under his sion. hand, request the said justices to direct that the hearing of such charge shall be so adjourned as aforesaid, the said justices are hereby required to direct that the hearing of such charge shall be so adjourned, provided that the person who shall have made such request shall, before such justices so assembled, forthwith enter into a recognizance, with two sufficient sureties, personally to appear at the said general or quarter session, and to try such charge, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and the said justices are hereby required to bind in a recognizance to appear at such general or quarter sessions as aforesaid, then and there to give evidence against the person so charged, the person who shall make such charge, and any other person who shall have any knowledge of the circumstances thereof; and it shall be lawful for the said court of general or quarter session to direct a jury, then and there duly impanelled, to be sworn to inquire of the offence so charged to have been committed, and upon their verdict of guilty," to adjudge such person to be guilty of a third offence against the provisions of this act as aforesaid, and such verdict and adjudication shall be final, to all intents and purposes; and to punish

such offender by fine, not exceeding the sum of 100l., or to ad- Penalty on verjudge the licence granted to and held by or on behalf of such dict of "guilty." offender to be forfeited and void, or to punish such offender by such fine as aforesaid, and to adjudge such licence to be forfeited and void, and if such licence shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly; and every excise licence for selling any exciseable liquors by retail, then held by or on behalf of such offender, shall also be void; and if the licence of such offender shall be so adjudged to be void, such offender shall, from and after such last-mentioned adjudication, be deemed and taken to be incapable of selling exciseable liquors by retail in any inn kept by him for the space of three years, to be computed from the time of such adjudication; and any licence granted to such person during such term shall be void, to all intents and purposes: Provided also, that the court may, upon sufficient cause Quarter sesshewn, adjourn the hearing of such charge to the then next sions may adgeneral or quarter session of the peace, when the same shall be journ the finally determined."

hearing.

certain cases to

§22. "In every case in which the justices assembled at any Proceedings at special session or at any general annual licensing meeting the session in shall direct that the charge against any person licensed under be carried on this act shall be adjourned to the general or quarter session, by the petty it shall be lawful for such justices, if no other fit and proper constable. person shall appear to prosecute such charge, and to carry on such proceedings as may be necessary to obtain at such session an adjudication thereon, to order that the constable or other peace officer of the parish or place in which shall be situate the house kept by the person so charged, shall carry on all proceedings necessary to obtain such adjudication as aforesaid, and to bind such constable or other peace officer in a sufficient recognizance so to

9 G. 4. c. 61.

Expenses of prosecution to be charged on county rates.

Penalty on witnesses not attending.

Penalties on justices how to be recovered and applied.

Other penalties how to be recovered.

do; and it shall be lawful for the justices before whom such charge shall have been heard to order the treasurer of the county or place in and for which such justices shall then act to pay to such constable or other peace officer, and to the witness or witnesses on his behalf, such sum or sums of money as to the court shall appear to be sufficient to reimburse such constable or other peace officer, and such witness or witnesses respectively, the expenses that he or they shall have been severally put to in and about such prosecution; which order the clerk of the peace is hereby directed and required forthwith to make out and to deliver to such constable or other peace officer, or to such witness or witnesses; and the said treasurer is hereby authorised and required, upon sight of such order, forthwith to pay to such constable or other peace officer, or other person authorized to receive the same, such money as aforesaid; and the said treasurer shall be allowed the same in his accounts."

§ 23. "If any person shall be summoned as a witness to give evidence before any justice touching any of the matters aforesaid, either on the part of the complainant or of the person accused, and shall neglect or refuse to appear at the time and place for that purpose appointed, and who shall not make such reasonable excuse for such neglect or refusal as shall be admitted and allowed by such justice, or who appearing shall refuse to be examined on oath or affirmation, and give evidence, every such person shall, on conviction before such justice, forfeit and pay for every such offence any sum not exceeding 10l."

§ 24. "Every penalty and forfeiture imposed by this act upon any justice may be sued for and recovered by action of debt in any of his majesty's courts of record at Westminster; and one moiety of every such penalty or forfeiture shall be paid to the use of his majesty, his heirs and successors, and the other moiety to him who shall sue for the same."

§ 25. "In every case in which, under the authority of this act, any justice shall adjudge that any offender shall pay or cause to be paid any penalty, and such offender shall refuse or neglect forthwith, or within such period as such justice shall appoint, to pay such penalty and any costs which shall have been duly assessed and ascertained by such justice, it shall be lawful for such justice, if he shall think fit, to issue his warrant, and to levy the amount of such penalty and costs by distress and sale of the goods and chattels of such offender, together with the costs of such distress and sale; and in every such case such offender, if in custody at the time that such warrant shall be so issued, shall be forthwith discharged; but if it shall appear to such justice that the goods and chattels of such offender are not sufficient whereon to levy such distress, together with the costs of such distress and sale, it shall be lawful for such justice to commit the offender to the common gaol or to the house of correction of the county or place for which such justice shall be then acting, for any term not exceeding one calendar month, if the penalty shall not be above 5l.; for any term not exceeding three calendar months, if the penalty shall be above 5l., and shall not be more than 107.; and for any term not exceeding six calendar months, if the penalty shall be above 10. Provided nevertheless, that whenever such offender shall