9 G. 4. c. 61. Act not to affect the two universities, nor to alter time of licensing in London; nor any law of excise; nor to prohibit the sale of beer at fairs in certain cases. Rules for the interpretation of this act. 36. "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 the powers of the chancellors or vice chancellors of the same, as by law possessed under the respective charters of the said universities, or otherwise; or 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 to alter the time of granting licences for keeping inns in the city of London: Provided also, that nothing in this act contained shall alter any law relating to the revenue of excise, except so far as the same is hereby expressly 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." § 37. "And in order to remove doubts as to the meaning of certain words in this act, be it enacted, that the word 'justice' 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 constable, tithingman, headborough, beadle or bailiff; that the words 'parish officer' shall be deemed to include any churchwarden, 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' shall be deemed to include all houses in which shall be sold by 9 G. 4. c. 61. retail any exciseable liquor, to be drunk or consumed on the premises; and that the words exciseable liquor' shall be deemed to include any ale, beer, or other fermented malt liquor, sweets, cyder, perry, wine, or other spirituous liquor which now is or hereafter may be charged with duty either by customs or excise; 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 said several words shall not be restricted although the same may be subsequently referred to in the singular number only." SCHEDULE to which this Act refers. A. Notice to be affixed on the Door of the House and of the To the overseers of the poor, and the constables of the A. B. [state the trade or occupation,] now residing at in the county of months last past having resided at [or, in the several parishes of counties of and for six in the parish of -,] do hereby give notice, that [if application is intended to be made to a special session, here state the cause for such application] it is my intention to apply at the general annual licensing meeting [or, at the special session] to be holden at day of on the hundred and day of N. B. A copy of this notice to be served upon one of the overseers of the poor, and upon one of the constables or other peace officers of the parish in which is situate the house intended to be opened. B. Notice of the Intention of a Licensed Victualler to apply at the Special Session for Permission to transfer such Licence to some other Person. To the overseers of the poor and the constables of the parish of in the county of and to all whom it may concern: IA. B. [or, we the executors, &c. &c. of the late A. B.] victualler, being authorised by virtue of the licence granted to me, [or, him, or, her] at the general annual licensing meeting [or, special session] held at on the day of one thousand eight hundred and, to sell exciseable liquor by retail, to be drunk or consumed in the house or premises thereunto belonging, situate at [here describe the situation of the house], and commonly known by the sign of the do hereby give notice, that it is my [or, our] intention to apply at the special session to be holden at -, in the county of now residing at of on the day ofone thousand eight hundred and -, for permission to transfer the above-mentioned licence to C. D. [state his trade or occupation] in the parish of in the county and for six months last past having resided at [or, in the several parishes of. -] in the county of [or, counties of — -] that the said C. D. intending to keep as an inn, alehouse, or victualling house, the said house so as aforesaid kept by me [or, us], may sell exciseable liquors by retail, to be drunk or consumed in the said house or premises thereunto belonging. Given under my hand this eight hundred and day of one thousand N. B. A copy of this notice to be served upon one of the overseers of the poor, and upon one of the constables or other peace officers of the parish in which is situate the house kept by the person whose notice it is. C. Form of Licence. AT the general annual licensing meeting [or, an adjournment of the general annual licensing meeting, or, at a special petty session] of his majesty's justices of the peace, acting for the division [or, liberty, &c., as the case may be] of —in the county of ,holden at on the day of in the - for the purpose of year one thousand eight hundred and granting licences to persons keeping inns, alehouses, and victualling houses, to sell exciseable liquors by retail, to be drunk or consumed, on their premises, we, being of his majesty's justices of the peace acting for the said county, [or, liberty, &c. &c. as the case may be,] and being the majority of those assembled at the said session, do hereby authorise and empower A. L., now dwelling at of in in the parish of and keeping [or, intending to keep] an inn, alehouse, or victualling house at the sign of the the in the division and county aforesaid, to sell by retail therein, and in the premises thereunto belonging, all such exciseable liquors as the said A. L. shall be licensed and empowered to sell under the authority and permission of any excise licence, and to permit all such liquors to be drunk or consumed in his said house or in the premises thereunto belonging; provided that he [or, she] do not fraudulently dilute or adulterate the same, or sell the same knowing them to have been fraudulently diluted or adulterated; and do not use in selling thereof any weights or measures that are not of the legal standard; and do not wilfully or knowingly permit drunkenness or other disorderly conduct in his [or, her] house or premises; and do not knowingly suffer any unlawful games or any gaming whatsoever therein; and do not knowingly permit or suffer persons of notoriously bad character to assemble and meet together therein; and do not keep open his or her house, except for the reception of travellers, nor permit or suffer any beer or day of IV. Penalty under 35 Geo. 3. c. 113., upon Unli. censed Persons selling Erciseable Liquors bp Retail. The statute 35 G. 3. c. 113., intituled An act for the more effectual prevention of selling ale and other liquors, by persons not duly licensed, remains unrepealed; and it is therefore necessary to insert its provisions. It will be observed, that under the stat. 9 G. 4. c. 61. § 18. (see antè, p. 37.), an unlicensed person can only be convicted for selling exciseable liquors by retail, to be drunk or consumed in his house or premises. The statute 35 G. 3. c. 113. is not an excise law; its object was the regulation of the police. Rex v. Hanson, 4 B. & A. 521. It was held in Rex v. Drake, 6 M. & S. 116., that the jurisdiction of the justices under it, upon an information for selling ale, &c. by retail without a licence, was not taken away by stat. 48 G. 3. c. 143. 1. "Whereas, by an act made in the fifth year of the reign 35 G. 3. c. 113. of his present majesty, intituled An act for altering the stamp duties upon admissions into corporations or companies; and for further securing and improving the stamp duties in Great Briain; after reciting that, by the laws then in force in that part of Great Britain called England, and dominion of Wales, and town of Berwick-upon-Tweed, persons selling ale or beer, or other exciseable liquors, by retail, without licence, were liable and subject by different laws to different penalties and punishments, which had occasioned much confusion, and an ill and improper use had been made thereof in many instances; for the prevention whereof it was enacted, that, from and after the 5th day of July 1765, every person lawfully convicted of selling ale or beer, or other exciseable liquors, by retail, after that day, in that part of Great Britain called England, the dominion of Wales, or town of Berwick-upon-Tweed, without being duly licensed so to do, should, for every such offence, forfeit and undergo the several penalties and punishments thereinafter mentioned and provided in that behalf, instead and in lieu of the several pecuniary and corporal punishments which they were then liable or subject to by any law then in force; that is to say, for the first offence the sum of 40s., and also the costs and 35 G. 3. c.113. expenses of convicting such offender, and in case such sum, together with the charges and expenses of convicting such offender, should not be paid within the space of fourteen days next after such conviction, that then the offender should suffer imprisonment for the space of one month, unless he or they should sooner pay such penalty, and the costs, charges and expenses of such conviction, and executing the same; and for the second offence the sum of 47., and also the costs and expenses of convicting such offender; and in case such sum, together with the charges and expenses of convicting such offender the second time, should not be paid within the space of one week next after such conviction, then the offender should suffer imprisonment for the space of two months, unless he or they should sooner pay such penalty of 4l., and the costs, charges, and expenses of such second conviction, and executing the same; and for the third offence the sum of 6l., and also the costs and charges of convicting such offender; and in case such sum of 6l., together with the charges and expenses of convicting such offender the third time, should not be paid within the space of three days next after such third conviction, that then the offender should suffer imprisonment for the space of three months, unless he or they should sooner pay such penalty of 6., and the costs, charges, and expenses of such third conviction, and executing the same, and the like penalty and punishment for every other offence after the third offence, and conviction thereof, as for the said third offence; all which said costs and expenses should be assessed, settled, and ascertained, by the justice or justices of the peace before whom such offenders should respectively be convicted, any law, statute, or custom to the contrary thereof in any wise notwithstanding; all which penalties and forfeitures should go and be paid, the one moiety thereof to his majesty, his heirs and successors, and the other moiety thereof, and also the costs, charges, and expenses, to be assessed or ascertained as aforesaid, to the prosecutor or prosecutors of every such offender or offenders: And whereas, by reason of many evasions still made use of, and of defects in the powers of the laws now in force, it is difficult to convict offenders against them; for remedy whereof, be it enacted, that so much of the said act as is above recited, shall be and is hereby repealed; and that, from and after the 20th day of September 1795, if any person shall sell ale or beer, or any other exciseable liquors, by retail, or shall permit or suffer any ale or beer or any other exciseable liquors, to be sold by retail in his, her, or their house, outhouse, or yard, garden, orchard, or other place, in that of Great Britain called England, the dominion of Wales, and part town of Berwick-upon-Tweed, without being duly licensed so to do, and shall thereof be duly convicted, every such person so offending shall, for every such offence, forfeit and pay the sum of 201., and also the costs and expenses attending the conviction, to be levied and recovered as herein is directed; and on and after a second conviction for the like offence, shall also be rendered incapable of being thereafter licensed to keep an alehouse, or to sell ale or beer, or other exciseable liquors, by retail." Recited part of 5 G. 3. c. 46. repealed. From Sept. 20. 1795, persons selling, or permitting to be sold in their houses, exciseable liquors by retail without licence, liable to penalty. Justices may § 2. "It shall and may be lawful for any one or more justice or determine com- justices of the peace for the time being of the county, riding, diviplaints. sion, or place where such offence shall be committed, to hear and |