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c. 113.

cences; and for not producing them, may

the custody of entries made by innkeepers victuallers and retailers of No. IX. beer or ale within his division, who shall, when required, produce before 35 Geo. III. such justice or justices all and every entry or entries made at the office of Excise by any person or persons within the division of such officer, and also the stock books or other accounts of survey of such persons respecle tively; and such justice or justices shall and may examine on oath such officer or officers respecting any such entry or entries of any houses outhouses cellars vaults storehouses or other places for keeping beer or ale, or respecting any stock of any person or persons making such entries; and and may sumif it shall appear that any person hath made entry or entries at the office mon Retailers re of Excise of any house outhouse cellar vault storehouse or other place for to produce Lilaying or keeping any beer or ale therein, or for selling the same as an alehouse-keeper victualler or retailer, or if it shall appear that any such person is surveyed as an alehouse-keeper victualler or retailer and has not freceived or is not entitled to receive the abatement of duty allowed to common brewers, then and in such case it shall and may be lawful for such justice or justices to summon before him or them such person or Tpersons to produce to such justice or justices his her or their licence or licences to sell beer and ale, and if such person or persons shall not at the return of such summons appear before such justice or justices, or appearing shall not produce to such justice or justices a licence or licences duly obtained and in force, it shall be lawful for such justice or justices (proof being made of due service of such summons according to this Act, in case the party or partiès shall not appear) to adjudge the party or parties guilty of selling beer or ale by retail without licence, and the party or parties so adjudged shall be liable to the penalties herein imposed on persons retailing beer or ale without licence.

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adjudge the Defaulters guilty.

X. And be it further enacted, That if any person shall be summoned Penalty of 101. to appear as a witness to give evidence before any justice or justices of on Witnesses the peace touching the matters aforesaid, either on the part of the prose- not attending cutor or of the person or persons accused, and shall neglect or refuse to Summonses, appear at the time and place to be for that purpose appointed without to be levied reasonable excuse for such his or her neglect or refusal, (to be allowed by by Distress, and if sufficient cansuch justice or justices of the peace,) or appearing shall refuse to be exnot be found, amined on oath and give evidence to such justice or justices of the the Party may peace before whom the prosecution shall be depending, then that every be committed. such person shall forfeit for every such offence the sum of ten pounds to be levied by warrant of distress; and if no sufficient distress can be found then the said justice or justices before whom and in whose contempt the offence was committed shall and may commit such offender to the common gaol or other prison within his or their jurisdiction for any term not exceeding the space of six calendar months, unless the penalty shall be socner paid; and such penalty shall be applied to the use of the poor of Application of the parish township or place in which such offence shall have been com- Penalty. mitted in such manner as the justice or justices so convicting shall direct and appoint.

Goods liable to
Seizure may be

distrained

wherever found.

XI. And be it further enacted, That if any person or persons whatsoever, after service of any summons to appear and answer to any charge of selling ale or beer or other exciseable liquors without licence shall convey away any goods or chattels herein-before made liable to any warrant of distress from the house outhouse cellar vault storehouse or other place wherein such offence shall have been committed, or from any house outhouse cellar vault storehouse or other place belonging thereto or occupied therewith, or from any house outhouse cellar vault or other storehouse or place which shall have been entered at the office of Excise by or in the name or names of the person or persons convicted for keeping or laying of beer or ale or for selling the same; it shall and may be lawful for the officer to whom such warrant is directed, or other person or persons lawfully empowered or acting in his aid or assistance, within thirty days after, such conveying away to seize the same wherever they may be found, and dispose of them in such manner as if they had been distrained on the premises: Provided always, that if any of the goods or Justices may indorse Warrants for seizing Goods removed into their Jurisdictions.

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chattels so removed shall be carried into any county riding city liberty or place out of the jurisdiction of the magistrate or magistrates originally issuing such warrant of distress, it shall be lawful for any justice of the peace of any county riding city liberty or place into which such goods or chattels shall be so removed or conveyed, and he is hereby required on proof on oath of the hand-writing of such justice or justices originally signing such warrant to indorse his name on the back thereof, which shall be sufficient authority to any person or persons bringing such warrant, and to all other persons to whom such warrant was originally directed to execute such warrant of distress, and to proceed in such manner as if such goods had been found and seized within the jurisdiction of the justice or Justices who signed the original warrant.

XII. And be it further enacted, That if any person shall think himself or herself aggrieved by the judgment of any justice or justices of the peace by or before whom he or she shall have been convicted of the offences aforesaid, any and every such person may appeal (and the said justice or justices are required to make known to such person at the time of such conviction his or her right to appeal) from and against such conviction to the next general quarter sessions of the peace to be holden for such county riding city division liberty or place, unless such sessions shall be holden within six days next after such conviction shall be made, and in such case to the next subsequent sessions to be holden as aforesaid and not afterwards, such person at the time of such conviction giving to such justice or justices notice in writing of his or her intention to appeal, and also giving security, to the satisfaction of such justice or justices, for the payment of the penalty costs and expences aforesaid, in case such judg-. ment shall be confirmed on such appeal, and also further entering into a recognisance at the time of such notice with sufficient sureties conditioned to try the appeal, and to abide the judgment and pay such costs as shall be awarded by the justices assembled at such sessions; and the justices so assembled shall thereupon proceed to hear and determine the matter of every such appeal, and their judgment thereon shall be final and conclusive to all intents and purposes whatsoever; and in case the justices of the peace so assembled at such session shall find and adjudge any such appeal to be frivolous or vexatious, it shall and may be lawful to and for them to give and adjudge to the party or parties grieved by such appeal his her or their reasonable costs and charges occasioned thereby, not exceeding in the whole the sum of five pounds on any one appeal.

XIII. And in order to prevent frivolous and vexatious appeals be it further enacted by the authority aforesaid, That a conviction in the form or to the effect expressed and set forth in an Act made in the twentysixth year of the reign of his late Majesty King George the Second, intituled An Act for regulating the Manner of licensing Alehouses in that Part of Great Britain called England, and for the more easy convicting Persons selling Ale and other Liquors without Licence, mutatis mutandis, as the case shall happen to 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.

XIV. And be it further enacted, That if it shall be proved to the satisfaction of the justice or justices before whom any person shall be convicted of any offence against this Act, that such person hath not been before convicted of any offence against this Act, it shall be lawful for such justice or justices to mitigate and lessen the penalty hereby imposed, in case of such first offence but not otherwise, so as that the penalty so mitigated and lessened shall not be less than ten pounds.

XV. Provided always, and be it enacted, That any inhabitant of any parish township or place in which any offence shall be committed contrary to this Act, shall be deemed a competent witness, notwithstanding his or her being an inhabitant of such parish township or place.

XVI. Provided always, and it is enacted, That all penalties within this Act shall be sued for and determined within six months after the offences shall be committed.

No. IX.

or XVII. Provided also, and be it enacted, That nothing in this Act conlitained shall extend or be construed to extend to prohibit any person or persons from selling of any ale or beer in booths or other places, at the 35 Geo. III. of time and place of holding any lawful and accustomed fair, in like manner as such person or persons was or were authorised to do before the passing of this Act, by virtue of any law or statute in that behalf.

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c. 113.

Act not to pro

hibit selling Ale or Beer at Fairs.

[No. X. ] 38 Geo. III. c. 54.-An Act to amend several
Laws of Excise relating to Coachmakers, Auctioneers,
Beer and Cyder exported, Certificates and Debentures,
Stamps on Hides and Skins, Drawbacks on Wines and
Sweets, and Ale and Beer Licences.-[21st June 1798.]

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P.

XIII. AND whereas by an Act made in the thirty-fifth year of the 38 Geo. III. reign of his present Majesty, intituled An Act for the more

c. 54.

effectual Prevention of selling Ale and other Liquors by Persons not duly 35 Geo, 3. licensed, it was enacted, That no person should sell ale or beer by retail, c. 113, recited. in his her or their house in that part of Great Britain called England,

without being duly licensed so to do under a certain penalty therein

provided: And whereas it is expedient to exempt persons from the said

penalty, for or in respect of any such sale of beer or ale as is hereinafter mentioned;' Be it therefore enacted by the authority aforesaid, That no person shall be liable to the said penalty for or by reason of his Penalty in reor their selling or disposing of beer or ale in casks containing not less cited Act not to than five gallons, or in bottles not less than two dozen reputed quart bot- extend to Beer tles, not to be drank in his her or their house outhouse yard garden or Ale sold in orchard or other place; any thing in the said recited Act contained to the Casks containcontrary in any wise notwithstanding. ing not less than Five Gallons, or in Bottles not less than Two Dozen Quarts.

[No XI. ] 39 Geo. III. c. 86.-An 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.—[12th July 1799.1

III.

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c. 86.

AND whereas by an Act passed in the sixth year of the reign of 39 Geo. III. King George the First, intituled An Act for preventing Frauds and Abuses in the Publick Revenues of Excise, Customs, Stamp Duties, 6 Geo. 1. 21. • Post Office, aud House Money, it is enacted, That all and every person or persons whatsoever, who shall have in his or her custody any brandy arrack rum spirits or strong waters exceeding the quantity of sixtythree gallons, shall be deemed and taken to be a seller of and dealer in brandy arrack rum spirits and strong waters, and subject to the survey of the Excise: And whereas by an Act passed in the twenty-sixth year

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of the reign of King George the Second, intituled An Act for the more 26 G. 2. c. 13. effectually preventing the fraudulent Removal of Tobacco by Land or Water, and for the Ease of the fair Trader in Tobacco; and for ascertaining • the Rates payable for the Postage of certain Letters; and for amending and explaining the Laws relating to the Sale of Spirituous Liquors by Retail, it is enacted, That no justice of the peace, being a common brewer of ale or beer innkeeper or distiller or other seller of or dealer in ale or any kind of spirituous liquors, or interested in any of the said trades or businesses, or being a victualler or malster, shall during such time as he shall be such common brewer innkeeper distiller victualler or malster, or seller of or dealer in ale or other spirituous liquors, or interested in

No. XI.

39 Geo. III. c. 86.

In any Place

where the Corporate Justices are by the two last recited Acts disqualified to grant Licences for retailing Li

quors, the Jus

tices for the

County at large may grant them at the Request

of the Chief Magistrate.

48 Geo. III. c. 143.

Stamp Act.

44 Geo. 3. c. 98. Schedule (A).

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any of the said trades or businesses, be capable of or have any power to grant any licence or licences to any person or persons for selling ale beer or any other liquors by retail: And whereas in divers corporate 'cities towns and places wherein foreign spirituous liquors are imported into this kingdom certain persons exercising corporate offices and no others can grant licences for selling ale or beer or any other liquors by • retail therein, and it may happen that so many of the justices and 'magistrates thereof may be disqualified from granting such licences by force of the said recited Acts, or that a sufficient number of persons exercising such corporate offices for the time being may not be qualified to act therein according to the said Act, which may be productive o great inconvenience, and may be injurious to the publick revenue;' Fo remedy whereof be it further enacted, That from and after the passing of this Act, in case it shall happen that in any city town or place any o the corporate justices or magistrates thereof for the time being shall no be capable of acting in granting such licence as aforesaid, by reason that any such justice or magistrate or justices or magistrates therein, is or are a seller or sellers of or a dealer or dealers in any foreign spirits, then and in every such case it shall be lawful for any justice or justices of the peace acting in and for the county at large, within which such city tow or place shall be situate or next adjoining thereto, at the request in writing of the chief magistrate of any such city town or place, to act as a justice or justices magistrate or magistrates within such city town or place, for the purpose of granting licences to sell ale beer or other liquors by retail in such corporate city town or place, instead of the justice or justices or magistrate or magistrates thereof disqualified as aforesaid; any act or acts, or any law custom or usage to the contrary notwithstanding; and all such justices so required to act as aforesaid shall be entitled to exercise the powers and jurisdictions of a magistrate within such city town or place for the purpose of granting such licences as aforesaid, and in all things relating thereto, and shall be deemed and taken to be a magistrate of such city town or place for the purposes aforesaid; but that such justice or justices shall not have any authority power or jurisdiction in such city town or place by virtue of this Act, other than and for the purposes herein-before mentioned.

[No. XII. ] 48 Geo. III. c. 143.-An Act to repeal the Stamp Duties on Licences granted by Justices of the Peace for selling Ale, Beer and other Exciseable Liquors by Retail; and for granting other Duties in lieu thereof.-[2d July 1808.] WHEREAS by an Act passed in the forty-fourth year of the reign of his present Majesty, intituled An Act to repeal the several Duties under the Commissioners for managing the Duties upon Stamped Vellum, Parchment and Paper in Great Britain, and to grant new and additional Duties in lieu thereof, certain stamp duties were imposed on licences 'granted by any justice or justices of the peace or other magistrate or magistrates for selling ale beer or other exciseable liquors by retail: And whereas it is expedient that the said duties should be repealed, and other duties granted in lieu thereof, to be placed under the ma'nagement of the commissioners of Excise;' Be it therefore enacted by Duties on Li- the King's most excellent Majesty, by and with the advice and consent of cences to sell the Lords Spiritual and Temporal and Commons in this present ParAle, &c. under liament assembled, and by the authority of the same, That from and after recited Act re- the tenth day of October one thousand eight hundred and eight all and pealed. singular the said duties shall cease and determine; save and except in all cases relating to the receiving or paying any arrears thereof respectively which may at any time remain unpaid, or to any fine penalty or forfeiture fines penalties or forfeitures relating thereto respectively, which shall have been incurred at any time before or on the said tenth day of October one thousand eight hundred and eight.

.

48 Geo. III.

c. 143.

Head Offices, and by Collectors in the Country.

II. And be it further enacted, That from and after the said tenth day No. XII. of October one thousand eight hundred and eight, all and every person or persons who shall sell beer or ale by retail, or who shall sell cyder or perry to be drank or consumed in his her or their house or premises, shall, before he she or they shall sell any beer or ale by retail, or any cyder or perry to be drank or consumed in his her or their house or premises, After 10th 7 take out an excise licence authorising such person or persons to sell beer October, 1808, or ale by retail, and also cyder and perry to be drank or consumed in his in Great Briher or their house or premises; which licence shall be granted in tain, such Limanner herein-after mentioned; (that is to say) if any such licence shall cences shall be be taken out within the limits of the chief office of Excise in London, the granted by same shall be granted under the hands and seals of two or more of the Commissioners commissioners of Excise in England for the time being, or of such persons of Excise at the as they the said commissioners of Excise or the major part of them for the time being shall from time to time appoint or employ for that purpose; and if any such licence shall be taken out in any part of England not within the said limits, the same shall be granted under the respective hands and seals of the several collectors and supervisors of Excise within their respective collections and districts; and in case any such licence shall be taken out within the limits of the city of Edinburgh, the same shall be granted under the hands and seals of two or more of the commissioners of Excise in Scotland for the time being; or if any such licence shall be taken out in that part of Great Britain called Scotland, out of the said limits of the city of Edinburgh, then the same shall be granted under the respective hands and seals of the several collectors and supervisors of Excise in Scotland, within their respective collections and districts; and the said commissioners of Excise in England and Scotland respectively, or any two or more of them respectively, and the persons to be appointed or employed by the said commissioners of Excise in England or Scotland respectively or the major part of them, and also all such collectors and supervisors are hereby respectively authorised and required to grant such licences to the persons who shall apply for the same, on the person or persons so applying first paying for such licence a duty of two pounds two shillings to be applied and accounted for as herein-after directed. III. And be it further enacted, That the duty by this Act directed to Duty on such be paid for such licences shall be paid at such places or to such persons be paid to the as are herein-after in that behalf respectively mentioned; (that is to say) Head Office, or for licences which shall be taken out within the limits of the chief office to the Collec of Excise in London, the same shall be paid at the chief office of Excise tors. in London; and for licences which shall be taken out within the limits of the city of Edinburgh, the same shall be paid at the chief office of Excise in Edinburgh; and for licences which shall be taken out in any part of Great Britain not within the said respective limits, the same shall be paid to the respective collectors of Excise granting such respective licence; and all licénces which shall be granted under and by virtue or this Act to any person or persons to sell beer and ale by retail, and cyder Duration of and perry to be drank or consumed in his her or their house or premises, Licence 10th shall remain and continue in force until and upon the tenth day of OcOctober yearly. tober next ensuing the time of granting thereof and no longer. IV. Provided always and be it further enacted, That in all cases where Time of taking the licence or authority granted by any justices of the peace or magistrates or other competent persons, to any person or persons to keep a common inn alehouse or victualling-house, shall under or in pursuance of any charter custom or usage be issued at any time of the year except in the month of September, and terminate or expire at any time of the year except in the month of September, then and in every such case the excise licence required by this Act to be taken out for the sale of beer ale cyder or perry, shall be taken out within ten days next after the date of the said licence or authority of the justices of the peace magistrates or other comipetent persons, and such excise licence shall continue in force for twelve calendar months next ensuing the date of the commencement thereof, any thing in this Act to the contrary in anywise notwithstanding.

Licence Duty,

Licences shall

out Licences in

certain Cases of Charters, &c.

V. And be it further enacted, That no person or persons shall sell any Licences shall be renewed within 10 Days after Expiration.

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