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Abduction. See Child-stealing, Vol. III. (Criminal Law), p. 139. Wife, ibid. p. 957-963. Women, ibid. p. 963-966.

Abortion.

Abjuration Dath. See Daths.

See Bastards, Vol. III. (Criminal Law), p. 79. Homicide, ibid. p. 346, 347. Accessary. See Vol. III. (Criminal Law), p. 1-21.

Acquittal.

AS to pleading, in answer to an indictment, an acquittal on a

p. 396.

former indictment, see vol. iii. (Criminal Law), Indictment,

As to the effect of an acquittal on an information, by summary proceeding, before justices out of sessions, see post, tit. Conviction.

Form of the Record of an Acquittal on an Information on a penal Statute, before a Justice of the Peace out of Sessions. Staffordshire, to wit. eight hundred and

}BE it remembered, that on the

eight hundred and county, one A. O. of

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in the year of our Lord one thousand at the town of Stone, in the parish of Stone, in the said county of Stafford, A. I. of the said town of Stone, labourer, in his proper person, came before me J. P. esq., one of his majesty's justices of the peace in and for the said county, and gave me, the said justice, to understand and be informed, that on the -day of in the year of our Lord one thousand at the parish of Stone, in the said in the county aforesaid, labourer, [here state the offence verbatim as charged in the information ;] whereupon it was by the said A. I. alleged, that the said A. O. had, for his said offence, forfeited the sum of thereof to the said A. I. [as the case may be]. said A. I. prayed the judgment of me, the said mises; whereupon afterwards, to wit, on this in the said year of our Lord one thousand eight hundred and at Stone aforesaid, in the said county, personally appeared before me, the said justice, as well the said A. I. to prosecute his said information in this behalf, as the said A. O. [having been first duly summoned] to make defence thereto. And the said A. O.

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pounds, one moiety And therefore the justice, in the preday of

having heard the said information read, is asked by me, the said justice, if he can say any thing for himself why he should not be convicted of the offence therein charged against him; whereupon the said A. O. pleadeth and saith, that he is not guilty of the said offence [or, if he pleads any special matter, it must be correctly stated]. Therefore I, the said justice, did proceed to examine into the truth of the said information and complaint, and upon due consideration had of the premises, and upon hearing the proofs and allegations as well of the said A. O. as of the said A. I., it is hereby considered and adjudged by me, the said justice, that the said A. O. be acquitted of the said charge and offence in the said information above contained, and that he do go thereof quit without day. And it is hereby also further ordered and adjudged by me, the said justice, that the said A. I., the informant, do forthwith pay to the said A. O., the defendant, the sum of — which I do hereby settle and ascertain as and for the reasonable costs and charges which the said A. O. hath been put to in making defence to the said information. In witness whereof I have to this record of acquittal set my hand and seal, at Stone, in the said county, this

day of in the said year of our Lord one thousand eight hundred and See stat. 18 G. 3. c. 19. § 1. infrà, tit. Costs and tit. Conviction.

Accomplice. See Evidence.

Actions against Magistrates. See Justices of the Peace. Action (popular). See Information.

Addition. See Indictment, Vol. III. (Criminal Law), p. 374-380.

Adultery. See Lewdness, Vol. III. (Criminal Law), p. 508.

Admiralty Court. See Vol. III. (Criminal Law), p. 22. Affrap. See Vol. III. (Criminal Law), p. 26.

Alehouses.

[For matters relating to the Excise on Beer and Ale, see title

Excise.]

I. Concerning Inns and Alehouses in general, p. 3.
[21 J. 1. c. 21. § 2.]

II. Retail Sale of Beer and Cyder, p. 5.

[1 W. 4. c.64.-4 & 5 W.4. c. 85.]

III. Licensing Inns, Alehouses and Victualling-houses, p. 29.

[9 G. 4. c.61.]

IV. Penalty under $5 G. 3. c. 113., upon Unlicensed Persons selling Exciseable Liquors by Retail, p. 49.

V. Proceedings by Persons aggrieved in respect of refusing or granting Licences, p. 57.

VI. Offences in brewing Ale, p. 63.

[1 W. 3. sess. 1. c. 24.-10 & 11 W. 3. c. 21.-9 Ann.
c.12.-12 Ann. st. 1. c. 2.-1 W. 4. c. 64.]

VII. Concerning the Measure of Liquors, p. 63.
[8 Eliz. c. 9.-9 G. 4. c.61.—1 W. 4. c. 64.

VIII. Enhancing the Price of Ale, p. 64.
[2 G. 3. c. 14.]

IX. Harbouring Offenders against the Revenue Laws, p. 64.
X. Persons guilty of Tippling, p. 64.

[21 J.1. c. 7.]

XI. Concerning Drunkenness, p. 65. [21 J. 1. c. 7.]

XII. Innkeepers obliged to receive Guests, p. 66.

XIII. Soldiers quartered in Alehouses, p. 66.

XIV. Detaining Goods for the Reckoning. - The Tippling

Act, p. 67.

[24 G. 2. c. 40.]

XV. Goods of a Guest stolen out of an Inn, p. 69.

XVI. Guests stealing Goods, p. 71.

XVII. Forms, p. 71.

I. Concerning Inns and Alehouses in general.

EVERY inn is not an alehouse, nor every alehouse an inn; but

Difference beif an inn uses common selling of ale, it is then also an ale- tween inns and house; and if an alehouse lodges and entertains travellers, it is alehouses. also an inn. (a)

(a)" An inn is a house, the owner of which holds out, that he will receive all travellers and sojourners, who are willing to pay a price adequate to the sort of accommodation provided, and who come in a situation in which they are fit to be received. A lodging-house keeper, on the other hand, makes a contract with every man that comes; whereas an innkeeper is bound, without making any special contract, to provide lodging and entertainment for all, at a reasonable price." By Mr. Justice Best, in Thompson v. Lacy, 3 Barn. & Ald. 287. See also Bac. Abr. tit. Inns; (B.) and Jones v. Osborn, 2 Chitt. Rep. 484. A sign is not essential to an inn, but it is evidence of it: By Holt C. J., in Parker v. Flint, 12 Mod. 255. If a man put a sign at his door, and harbour guests, that shall be deemed a common inn, and the owner chargeable as an innkeeper; and, if after taking down the sign, he continues to entertain travellers, it shall be deemed a common inn, as if he had a sign: 2 Roll. Rep. 345. It was held that one who lived at Epsom, and lodged strangers in the season for drinking the waters, and dressed victuals for them, and sold beer to his lodgers, and to none else, and found hay for their horses, was not an innkeeper, nor could his house be considered as an inn; and further, that it was not an alehouse or victualling house within the acts of parliament then (10 W. 3.) passed; for in order to be such, it must be a communis taberna, wherein drink, &c. is communiter sold to all the king's subjects:

having heard the said information read, is asked by me, the said justice, if he can say any thing for himself why he should not be convicted of the offence therein charged against him; whereupon the said A. O. pleadeth and saith, that he is not guilty of the said offence [or, if he pleads any special matter, it must be correctly stated]. Therefore I, the said justice, did proceed to examine into the truth of the said information and complaint, and upon due consideration had of the premises, and upon hearing the proofs and allegations as well of the said A. O. as of the said A. I., it is hereby considered and adjudged by me, the said justice, that the said A. O. be acquitted of the said charge and offence in the said information above contained, and that he do go thereof quit without day. And it is hereby also further ordered and adjudged by me, the said justice, that the said A. I., the informant, do forthwith pay to the said A. O., the defendant, the sum of - which I do hereby settle and ascertain as and for the reasonable costs and charges which the said A. O. hath been put to in making defence to the said information. In witness whereof I have to this record of acquittal set my hand and seal, at Stone, in the said county, this

day of in the said year of our Lord one thousand eight hundred and See stat. 18 G. 3. c. 19. § 1. infrà, tit. Costs and tit. Conviction.

Accomplice. See Evidence.

Actions against Magistrates. See Justices of the Peace. Action (popular). See Information.

Addition. See Indictment, Vol. III. (Criminal Law), p. 374-380.

Adultery. See Lewdness, Vol. III. (Criminal Law), p. 508.

Admiralty Court. See Vol. III. (Criminal Law), p. 22. Affrap. See Vol. III. (Criminal Law), p. 26.

Alehouses.

[For matters relating to the Excise on Beer and Ale, see title Excise.]

I. Concerning Inns and Alehouses in general, p. 3.
[21 J. 1. c. 21. § 2.]

II. Retail Sale of Beer and Cyder, p. 5.

[1 W. 4. c. 64.-4 & 5 W. 4. c. 85.]

III. Licensing Inns, Alehouses and Victualling-houses, p. 29.

[9 G. 4. c.61.]

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