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9 G. 4. c. 61. Provided also, that when any cause of complaint shall have arisen

within any liberty, county of a city, county of a town, city, or town corporate, it shall be lawful for the person who shall think himself so as aforesaid aggrieved to appeal against any such act as aforesaid, if he shall think fit, to the quarter sessions of the county within or adjoining to which such liberty or place shall be situate, subject to all the provisions herein-before con

tained.” Justices to bind

$ 28.

“When any person shall lave given notice of his inparties to ap- tention to appeal as aforesaid, and shall have entered into repear to give

cognizance as herein-before directed, it shall be lawful for the evidence at quarter session. justice before whom such recognizance shall have been entered

into to summon any person whose evidence shall appear to him to be material, and to require such person to be bound in recognizance to appear at the said general or quarter session, and to give evidence in such appeal ; and in case any such person as aforesaid shall neglect or refuse to obey such summons, or shall refuse to enter into such recognizance, it shall be lawful for such justice as aforesaid to issue his warrant to apprehend such person so neglecting or refusing to obey such summons, and to bring him before such justice, and, if such person shall continue to refuse to enter into such recognizance, to commit him to the common gaol or house of correction of the county or place for which such justice shall be then acting, there to remain until he shall enter into such recognizance, or shall be

otherwise discharged by due course of law." Court to ad- § 29. “In every case where notice of appeal against the judge costs in judgment of any justice in or concerning the execution of this certain cases.

act shall have been given, and such appeal shall have been dismissed, or the judgment so appealed against shall have been affirmed, or such appeal shall have been abandoned, it shall be lawful for the court to whom such appeal shall have been made or intended to be made, and such court is hereby required, to adjudge and order that the party so having appealed, or given notice of his intention to appeal, shall pay to the justice to whom such notice shall have been given, or to whomsoever he shall appoint, such sum, by way of costs, as shall in the opinion of such court be sufficient to indemnify such justice from all costs and charge whatsoever to which such justice may have been put in consequence of his having had served upon him notice of the intention of such party to appeal; and if such party shall refuse or neglect forthwitin to pay such sum, it shall be law. ful for the said court to adjudge and order that the party so refusing or neglecting shall be committed to the common gaol or house of correction, there to remain until such sum be paid; and in every case in which the judgment so appealed against shall be reversed, it shall be lawful for such court, if it shall think fit, to adjudge and order, that the treasurer of the county or place, in and for which such justice whose judgment shall have been so reversed shall have acted on the occasion when he shall have given such judgment, shall pay to such justice, or to whomsoever he shall appoint, such sum as shall, in the opinion of such court, be sufficient to indemnify such justice from all costs and charges whatsoever to which such justice may have been so put; and the said treasurer is hereby authorised to pay the same, which shall be allowed to him in his accounts."

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$ 30. “Every action against any justice, constable, or other 9 G. 4. c. 61. person, for or on account of any matter or thing whatsoever done or commanded by him in the execution of his duty or

Actions against office under this act, shall be commenced within three ca

justices, &c. lendar 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."

Ø 31. “Every conviction under this act shall be on the oath Conviction to or oaths of one or more credible witness or witnesses ; and be on oath of any justice, not as herein-before disqualified, and acting in and

witnesses. for the county or place in which the offence complained of shall have been committed, is hereby authorised to administer the same.'

32. “And in order to prevent frivolous and vexatious appeals, Form of be it further enacted, that a conviction in the form or to the conviction. effect following, mutatis mutandis, as the case may be, shall be good and effectual to all intents and purposes whatsoever, without stating the case, or the facts or evidence, in any more particular manner; that is to say,

day of to wit.

in the
year
A. B. of

was duly convicted before

of his majesty's justices of the peace for the

of - -, for that (here state the offence, and the time and place when committed (a)], whereby the said A. B. has forfeited the sum of - this being adjudged to be the first (or second or third] offence (as the case shall happen to be] against the provisions of an act to regulate the granting of licences to keepers of inns, alehouses, and victualling houses in England, besides the costs of this conviction, which

the said justices do hereby assess at the sum of - pursuant to the statute in such case made and provided. Given under hand and seal, the day and year above written.

$ 33. “ Every justice before wliom any such conviction shall Convictions to have been made, shall return the same, or cause it to be returned, be returned to to the next general or quarter session of the peace holden for the quarter the county or place wherein the offence shall have been com- filed of record. mitted ; and it 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 bereby required to grant on demand, upon payment of a fee of ls., shall be legal evidence of every such conviction.”

ģ 34. “No conviction under this act, nor any adjudication Writ of made on appeal therefrom, shall be quashed for want of form, certiorari not or be removed, by writ of certiorari or otherwise, into any of his to be allowed. 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.”

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(a) See precedents for stating the offence, post, p. 77.

ment of this act.

c. 25.

3 Car. 1. c. 3.

9 G. 4. c. 61. s 35. “ This act shall commence on the tenth day of October

next ensuing the passing thereof ; and from and after the Commence

commencement of this act, an act passed in the fifth and

sixth years of the reign of king Edward the sixth, intituled Repeal of An act for keepers of alehouses and tippling houses to be bound 5 & 6 Ed. 6. by recognizances ; and an act passed in the first year of the

reign of king James the first, intituled An act to restrain the 1 Jac. 1. c. 9. inordinate haunting and tippling in inns, alehouses, and other

victualling houses ; and two acts passed in the fourth year of the 4 Jac. 1. same reign, the one intituled An act to restrain the utterance of c. 4. and 5.

beer and ale to alehouse keepers and tipplers not licensed ; and the other intituled An act for repressing the odious and loathsome sin

of drunkenness; and an act passed in the seventh year of the 7 Jac. 1. c. 10. same reign, intituled An act for reformation of alehouse keepers ;

and so much of an act passed in the twenty-first year of the same 21 Jac. I. c.7. reign, intituled An act for the better repressing of drunkenness,

and restraining the inordinate haunting of inns, alehouses, and other victualling houses, as provides that any person being an alehouse keeper, and who shall be convicted of any offence against the said act, shall be disabled from keeping an alehouse for three

years; and an act passed in the first year of the reign of king i Car. 1. c. 4. Charles the first, intituled An act for the further restraint of

tippling in inns, alehouses, and other victualling houses ; and an act passed in the third year of the same reign, intituled An act

for better suppressing of unlicensed alehouse keepers ; and so much 9 G. 2. c. 23. of an act passed in the ninth year of the reign of king George $ 14,15. 20.

the second, for laying a duty upon the retailers of spirituous liquors, and for licensing the retailers thereof, as relates to the licensing of such retailers, and to the conviction of persons selling

liquors by retail without a licence, and to the summoning of excise 24 G. 2. c. 40. officers, for the more easy discovery of such offenders; and so $ 24.

much of an act passed in the twenty-fourth year of the same

reign, for granting an additional duty upon spirituous liquors, and 26 G. 2. c. 13. other purposes, as relates to the fees of justices' clerks; and so $12.

much of an act passed in the twenty-sixth year of the same reign, for preventing the fraudulent removal of tobacco, and other

purposes, as prevents justices of the peace in certain cases from

granting licences; and the whole of another act passed in the 26 G. 2. c. 31. same year, intituled An act for regulating the manner of licensing

alehouses in the part of Great Britain called England, and for the

more easy convicting persons selling ale and other liquors without 28 G. 2. c. 19. licence ; and so much of an act passed in the twenty-eighth year $ 2.

of the same reign as explains a clause in the last-mentioned act;

and so much of an act passed in the twenty-ninth year of the 29 G. 2. c. 12. same reign, intituled An act for granting to his majesty a duty $ 23, 24.

upon licences for retailing beer, ale, and other exciseable liquors, and for establishing a method for granting such licences in Scotland, and for allowing such licences to be granted at a petty, session in England, in a certain case therein mentioned, as relates

to continuing and renewing licences; and so much of an act $14.

passed in the thirtieth year of the same reign, for (among other purposes) preventing gaming in public houses by journeymen, labourers, servants, and apprentices, as imposes a penalty on the keepers of public houses for suffering gaming; and so much of an act passed in the fifth year of the reign of king George the

80 G. 2. c. 24.

third, intituled An act for altering the stamp duties upon admis- 9 G. 4. c. 61. sions into corporations or companies, and for further securing and

5 G. 3. c. 46.) improving the stamp duties in Great Britain, as requires retailers of exciseable liquors to exhibit their licences, and clerks of the $ 20, 21, 22. peace to deliver lists of persons licensed, and altering the punishment of such retailers selling without a licence; and the whole of an act passed in the thirty-second year of the same reign, intituled An act to amend so much of two acts made in the twenty-sixth and 32 G. S. c. 59. tteenty-ninth years of the reign of his late majesty king George the second, as relates to the licensing of alehouse keepers and victuallers, and for better regulating alehouses and the manner of granting such licences in future, and also of granting licences to persons selling wines to be drunk in their houses; and so much of an act passed in the thirty-eighth year of the same reign, intituled An 38 G. 3. c. 54. act to amend several laws of excise relating to coachmakers, $13. auctioneers, beer and cyder exported, certificates and debentures, stamps on hides and skins, drawbacks on wines and sweets, and ale and beer licences, as exempts from the foregoing penalty persons selling beer or ale above certain quantities; and the whole of an act passed in the thirty-ninth year of the same reign, intituled An 99 G. 3. c.86. act for ascertaining the rate of duty to be paid

for retail spirit licences, and for authorising the justices of the peace for any county to grant licences to sell ale, beer, or other liquors by retail, in cities and places where a sufficient number of magistrates cannot be found qualified to grant such licences; and so much of an act passed in the forty-eighth year of the same reign, intituled Ar act to repeal the stamp duties on 48 G. 3. c. 143. licences granted by justices of the peace for selling ale, beer, and $7.10. other exciseable liquors by retail, and for granting other duties in lieu thereof, as relates to the form of justices' licences, and to justices' clerks' fees; and so much of an act passed in the fourth year of his present majesty's reign, intituled An act for altering the 4G. 4. c. 125. time for holding general annual meetings for licensing alehouses $1–6. within the county of Middlesex, and for authorising the justices of the peace for the said county to remunerate high constables, as alters the time for holding such meetings, and for giving notices of applying for licences for houses not before licensed, shall be and the same are hereby repealed; except only such parts of any of Except such the said acts as repeal any former acts or parts of acts, and except parts of acts as also, that all licences granted and recognizances entered into under repeal former the said acts hereby repealed, or any of them, or under an act cept as to subpassed in the third year of his present majesty's reign, intituled An sisting licences act for amending the laws for regulating the manner of licensing and recogalehouses in that part of the united kingdom called England, and nizances.

3 G. 4. for the more effeciually preventing disorders therein, shall

remain in

c. 77. (a) full force and virtue until the end of the terms for which such licences and recognizances respectively have been or shall be granted or entered into; and all offences against the tenor of the said licences, or in breach of the conditions of such recognizances, and all offences committed against the said recited acts or any of them, before the commencement of this act, shall and may be prosecuted, heard, determined, and punished as if this act had not been made; and all such offences committed after the commencement of this act shall be prosecuted, heard, determined, and punished under the provisions of this act."

(a) Now expired.

cases.

9 G.4. c. 61. 36.“ Provided always, and be it further enacted, that nothing

in this act contained shall extend to alter or in any manner to Act not to

affect any of the rights or privileges of the universities of Oxford affect the two universities,

or Cambridge, or the powers of the chancellors or vice chancellors nor to alter of the same, as by law possessed under the respective charters of time of li. the said universities, or otherwise ; or the master, wardens, freemen, censing in

and commonalty of the vintners of the city of London, but not to London ;

extend to those freemen of the said company of vintners who have

obtained the same by redemption only; nor to alter the time of nor any law of granting licences for keeping inns in the city of London: Provided excise ; nor to also, that nothing in this act contained shall alter any law relating prohibit the

to the revenue of excise, except so far as the same is hereby exsale of beer at fairs in certain pressly altered and otherwise provided for; 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 authorised to do

before the passing of this act.” Rules for the § 37. “ And in order to remove doubts as to the meaning of interpretation certain words in this act, be it enacted, that the word 'justice' of this act. shall be deemed to mean justice of the peace; and that the words

• treasurer of the county or place' shall be deemed to include any officer acting in such capacity, or charged with the receipt and expenditure of monies from and out of which the cost of public prosecutions have been usually defrayed; that the words "peace officer' shall be deemed to include any petty cunstable, tithingman, headborough, beadle or bailiff ; that the words parish officer shall be deemed to include any church warden, chapelwarden, or overseer of the poor; and that the said words, `justice,'' treasurer of the county or place,' peace officer,' parish officer,' and the words high constable, and the words petty constable,' and the words 'overseer of the poor,' and the words clerk of justices,' shall each be deemed to include any person acting as such, and any number of justices, treasurers, peace officers, parish officers, high constables, petty constables, overseers of the poor, and clerks of justices; and that the word “person,' and the word “party,' shall be deemed to include any number of persons and parties; and that the meaning of the aforesaid several words shall not be restricted, although the same may be subsequently referred to in the singular number and masculine gender only; and that the word notice,' and the word licence,' and the word adjournment,' 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 notices, licences, adjournments, days, times, houses, or places; 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 "inn' shall be deemed to include any inn, alehouse, or victualling house; and that the word 'inn, alehouse, or victualling house'

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