No. XII. 48 Geo. III. c. 143. Penalty 501. Executors and Assignees may have the benefit of Licences. Licences shall not be granted except to Persons allowed by Magistrates. beer or ale by retail, or any cyder or perry to be drank or consumed in h her or their house or premises after the expiration of such his her or the excise licence, unless such person or persons shall take out a fre licence for the said purposes in the manner herein-before directed with ten days after the expiration of such former licence, and so in like mann renew every such licence from year to year; or if any person or perso shall sell any beer or ale by retail or any cyder or perry to be drank consumed in his her or their house or premises, without first taking c an excise licence authorising him her or them so to do, or without newing the same as is herein in that behalf directed, he she or they sh for every such offence forfeit the sum of fifty pounds. VI. And be it further enacted, That upon the death of any person licensed or upon the removal of any person or persons so licensed fro the entered house or premises in which such his her or their exc licence shall authorise him her or them to sell beer or ale by retail, cyder or perry to be drank or consumed in his her or their house premises, it shall be lawful for the commissioners of Excise in Engl and Scotland respectively for the time being, or any one or more of the and to and for the several collectors and supervisors of Excise in E land and Scotland respectively within their respective collections a districts, upon the production of a certificate of a justice of the peace magistrate or other competent person, given after the death or remo of the former occupier of the house or premises, approving of the pers or persons to whom such certificate shall be given, to authorise and e power such person or persons in like manner to sell beer and ale retail or cyder and perry to be drank and consumed in his her or the house or premises, in the same house or premises where such person licensed by virtue of such excise licence carried on such trade during t residue of the term for which such licence was originally granted, witho taking out a new excise licence during the residue of the said term Provided always, That persons trading in partnership and in one hous or premises only shall not be obliged to take out more than one excis licence to sell beer and ale by retail or cyder and perry to be drank o consumed in his her their house or premises, in any one year; and tha no one licence which shall be granted by virtue of this Act shall autho rise or empower any person or persons to sell beer or (ale by retail o cyder or perry to be drank and consumed in his her or their house o premises, in any other house or premises than the house or premises i which he she or they shall sell or have sold beer or ale or cyder or perr at the time of granting such licence. VII. Provided always, and be it further enacted, That neither his Majesty's commissioners of Excise in England or Scotland respectively nor any persons who shall be appointed or employed by the said commissioners in England to grant licences to persons for selling beer or ale by retail or cyder or perry to be drank or consumed in the house or premises of the person or persons applying for such licence, nor any of the collectors or supervisors of Excise, shall grant or deliver any licence to sell beer or ale by retail or cyder or perry to be drank or consumed in the house or premises of the person or persons applying for such licence or any licence to sell spirituous liquors or strong waters or wine or liquors by retail to any person or persons who shall not produce a licence or authority granted to him her or them in due form of law by justices of the peace or magistrates or other competent persons, to such person or persons to keep a common inn alehouse or victualling-house, and every such licence or authority shall be in the form following; videlicet, Farm ofwis County of ATa general meeting trate's Allow at for within the said day of the holden on for the purpose of authorising and empowering persons to keep common inns alehouses or victualling-houses, We being his Majesty's Justices of the Peace for the or Magistrates of [as the case may be] do hereby authorise and empower A. B. at the sign of in the of ned i егог in the aforesaid, to keep a common inn alehouse or victualling-house, and to utter and sell in the ahouse in which he now dwelleth and in the premises thereunto belongedwing and not elsewhere, victuals and all such exciseable liquors as he mashall be licensed and empowered to sell under the authority and perpermission of any excise licence which shall be duly granted by the com dran hout missioners of Excise or persons to be appointed or employed by them king for that purpose, or by any collector and supervisor of Excise respectively, provided that the true assize in bread in beer ale cyder and all ey other liquors be duly kept, and that no unlawful game or games or any drunkenness or other disorder be suffered in his house yard garden or premises, but that good order and rule be maintained and kept therein ed fro according to the laws of this realm in that behalf made: the authority ex and power hereby granted to continue in force for one whole year from day of erson & tail, Duse f the in Ex eace emor and no longer No. XII. 48 Geo. III. c. 143. Saving for Re- the Signed.' Engle VIII. Provided always, and be it further enacted, That nothing in this Act shall extend or be construed to extend to repeal or alter or in any manner to affect any law or laws or any provision in any charter or charters or any privilege of any city or town corporate or of any university now in force or lawfully used or exercised in relation to the granting of licences by any justices magistrates or other persons authorized by law &c. to grant licences for persons keeping common inns alehouses or victualling-houses; or in relation to the taking of any recognizances upon granting of any such licences or requiring or doing any other act matter or thing relating to any such licences: Save and except as to the payment of duties and form of licence as aforesaid, or to repeal or alter any Act or Acts of Parliament as to the sale of table beer at a price not exceeding three halfpence per quart. persa and e ale or the SOD "Licences granted before October 10, 1808, shall continue in full force for the term for which granted. § 9.". X. And be it further enacted, That nothing in this Act contained shall extend to diminish or alter any fees heretofore lawfully taken and received by any clerks of any justices or magistrates; but it shall be lawful to continue to demand and take such and the like fees and no other or different fees for licences to keep any common inn alehouse or victualling-house as have heretofore been taken by such clerks in that behalf. tem per 一 XI. And be it further enacted, That every person having any licence to keep a common inn alehouse or victualling-house, who shall be disabled by any conviction from keeping a common inn alehouse or victualling-house shall also by such conviction be disabled from selling any beer or ale by retail or cyder or perry to be drank or consumed in his her or their house or premises, under any excise licence obtained for or such purposes; and every such excise licence shall from the time of such conviction be null and void to all intents and purposes; and in all cases of prosecution of any such persons whose excise licences shall have become null and void by such conviction, a certificate from the clerk of the peace or person acting as such of any such conviction shall be legal quevidence; which certificate such clerk of the peace or other person is hereby authorized and required to grant on demand without fee or reward. Clerks to Jus. tices may take Fees as heretofore. Persons disabled from keeping Alehouses by Conviction, shall thereby forfeit Licence under this Act. XII. And be it further enacted, That all fines penalties and forfeitures Recovery and imposed by this Act shall be sued for recovered levied or mitigated by Application of such ways means or methods as any fine penalty or forfeiture may be Penalties. sued for recovered levied or mitigated by any law or laws of excise, or by action of debt, bill, plaint, or information in any of his Majesty's courts of record at Westminster, or in the Court of Exchequer in Scotland respectively; and that one moiety of every such fine penalty or forfeiture shall be to his Majesty, his heirs and successors, and the other moiety to him or them who shall inform discover or sue for the same. "Powers of former Excise Acts extended to this Act. § 13. Duties shall be carried to Consolidated Fund of Great Britain. § 14.” No. XIII. 3 Geo. IV. c. 77. Requiring Persons to whom any Licence shall be granted to enter into Recognizances in the Form prescribed by Schedule (A.) In case Persons applying for Licences shall be prevented by Sickness, &c., from attending the Justices, then Justices may grant same on taking Security. Penalty for granting Licence without Recognizance. Licence to be in the Form in Schedule (B.) Certificate of good Conduct, &c., to be produced by Persons applying for Licences. [No. XIII.] 3 Geo. IV. c. 77.-An Act for amending the Laws for regulating the manner of Licensing Alehouses in that part of the United Kingdom called England, and for the more effectually preventing Disorders therein. -[26th July 1822.] WHEREAS the several statutes now in force for regulating the manner of licensing persons to keep alehouses, or to sell ale beer and other liquors by retail therein, in that part of the United kingdom called England, are found to be defective and insufficient, and it is expedient that the laws concerning such alehouses inns and victualling-houses, and the licensing thereof, should be amended, and some further provisions made as to the mode of granting such licences: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, every person to whom the justices of the peace or magistrates shall grant a licence or authority to keep a common inn alehouse or victualling-house, or to sell ale, beer, cyder, perry, or other exciseable liquors by retail, within that part of the United Kingdom called England, shall, upon such licence or authority being granted or issued, enter into a recognizance to the King's Majesty, his heirs and successors, in the sum of thirty pounds, with one sufficient surety in the sum of twenty pounds, or two sufficient sureties in the sum of ten pounds each, which recognizance, with the condition thereof, shall be in the form prescribed by the schedule to this Act marked (A.); and in case the person applying for such licence shall be hindered through sickness or infirmity, or any other reasonable cause, to attend in person at the meeting of the same justices or magistrates for granting the said licences or authorities, that then it shall be lawful for them to grant such licence or authority upon two sufficient sureties entering into such recognizance, each surety in the penalty of thirty pounds, for performance of the condition of the said recognizance, and which said recognizance shall be acknowledged in the presence of the majority, and signed by at least two of the justices or magistrates present at any such meetings for granting licences or authorities, and the same, with the condition thereof, fairly written or printed, shall forthwith, or at the next general or quarter session of the peace at farthest, after granting such licence or authority, be sent or returned to the clerk of the peace, or person acting as such, for every county, riding, city, liberty, town corporate, or place in that part of the United Kingdom called England, wherein such licences or authorities shall be granted, to be by the said clerk of the peace, or such other person acting as such, duly entered or filed amongst the records of the sessions of the peace; and that for every such licence or authority granted without taking such recognizance, and for every such recognizance taken and not sent or returned as aforesaid, every justice of the peace or magistrate signing such licence or authority shall forfeit and pay the sum of three pounds six shillings and eight-pence; and every such licence or authority to be granted by justices of the peace or magistrates, after the passing of this Act, shall be in the form prescribed by the schedule to this Act marked (B.): Provided always, that no police officer, patrole, constable, or headborough shall be surety for any innkeeper alehouse-keeper or victualler under this Act. II. And for the better preventing the granting of licences or authorities to unfit and improper persons, to keep alehouses or victualling-houses, or to sell ale beer or other exciseable liquors by retail, and the occurrence of disorderly conduct in such houses; Be it further enacted, That no licence or authority for such purposes shall be granted to any person not thereunto licensed or authorized the year preceding, unless such person shall produce, at the general annual meeting of the justices or magistrates to be held for that purpose, a certificate under the hands of the parson vicar or curate, or of the major part of the churchwardens chapelwardens and overseers of the poor, and of four reputable and substantial householders and inhabitants, or under the hands of eight respectable and substantial householders and inhabitants of the parish or place where the person applying for such licence or authority shall have last inhabited or dwelt for a space of six months; which certificate shall set forth the number of the house, and the name of the street, or other true description of the house where such person so dwelt, and also whether he or she was there a housekeeper or an inmate, and whether such person in such last-mentioned parish or place, kept an alehouse or victualling-house, and if so, the sign of such house; and shall also set forth, that such person is of good fame, sober life and conversation, and a fit and proper person to be entrusted with a licence for the purposes aforesaid; and it shall be mentioned in every such licence or authority, to be granted to any person not licensed at the last general licensing day, that such certificate was produced; and in case such certificate, in the form and signed in the manner aforesaid, shall not, on the occasions aforesaid, be produced, or the licence to be granted in such last-mentioned cases shall omit to state that such certificate was so produced, such licence or authority shall be null and void; and every such certificate so required to be produced on such occasions as aforesaid, shall be annexed to the recognizance to be entered into by the person receiving or obtaining such licence or authority as aforesaid, and shall with such recognizance be sent or returned to the clerk of the peace, or person acting as such as aforesaid: Provided always, that if any person shall forge or counterfeit any certificate, or write any name on any such certificate, to resemble imitate or represent the name of any parson vicar or curate, or any churchwarden, chapelwarden, overseer of the poor, or other person directed by this Act to sign such certificate, with an intent to deceive the justices of the peace granting or having power to grant such licences or authorities, or shall tender or produce any paper with such counterfeit name or writing thereupon, knowing such name or writing to be counterfeit, with intent to deceive the said justices, or shall take or receive any sum or sums of money for signing or procuring signatures to any such certificate, every person so offending, being thereof lawfully convicted, shall be adjudged to be guilty of a misdemeanor, and shall suffer punishment accordingly. No. XIII. 3 Geo. IV. c. 77. Persons forging or receiving Money for Certificates to be guilty of a Misdemeanor. Recognizances to be presented to Justices at Special Meetings to be held for that Pur pose. III. And be it further enacted, That the recognizance, in the form and with the surety or sureties hereby required to be entered into on granting licences or authorities to persons to keep alehouses or victualling houses, or to sell ale beer or other exciseable liquors by retail, and the certificate in the form and with the signatures hereby required to be produced, by persons not licensed for those purposes the preceding year, shall also be entered into and produced by persons applying for and ob laining such licences or authorities, at any special meeting of the justices to be holden for those purposes, pursuant to the directions of the statute made and passed in the thirty-second year of the reign of his late Majesty King George the Third, intituled An Act to amend so much of Two 32 G. 3. c. 59. Acts, made in the Twenty-sixth and Twenty-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 drank in their Houses. IV. And be it further enacted, That the register or calendar required by law to be kept by clerks of the peace, of recognizances to be taken and returned by justices of the peace, on granting such licences as aforesaid, shall contain the names and places of abode of the several suretics who shall so enter into such recognizances; and that as well as the entries of the names of such suretics, as of the other particulars of such recognizances already required to be registered, shall and they are hereby required to be entered by the respective clerks of the peace, or other persous acting as such, to whom such recognizances shall be returned; and that for every recognizance there shall be paid, by the clerk or clerks to Names of Sureties to be entered in a Book. No. XIII. 3 Geo. IV. c. 77. Registers of Sureties open to public Inspection. Fees to be paid for Licences. Penalty on tak ing more than regular Fees, 51. Executors, &c, of licensed Per son may be continued in Possession of such Licence, upon entering into the like Recognizances. the justices taking such recognizances, to the said clerk of the peace, a their fee for filing or recording the said recognizances and for making such entry thereof, and of the names or name of the sureties or surety to be thereby bound, and for making and delivering copies of the said regis ter, as by law required, the sum of two shillings and no more, which shall be paid to the clerks of the said justices by the persons licensed over and above the fees payable by law to the said justices' clerks; and i shall be lawful for any person or persons on application, at all seasonabl times, to see inspect and examine every such register, so to be kept by the said clerks of the peace, on payment or tender made by the person o persons requiring the same, to such clerks of the peace, of the sum of one shilling for every such inspection or examination. V. And be it further enacted, That from and after the passing of thi Act it shall and may be lawful to and for the clerks to the several jus tices of the peace, to be assembled at any general annual meeting for the purpose of granting licences or authorities to persons to keep alehouses or to sell ale beer or other exciseable liquors by retail, in that part of the United Kingdom called England, and also at any special meeting for the like purposes to be held pursuant to the directions of the said Act of the thirty-second year of the reign of his said late Majesty, to ask demand and receive of and from every person to whom a licence or authority, fo the purposes aforesaid, shall be granted renewed or continued, as and for the trouble of such clerks in filling up such licence or authority, and tak ing and returning the recognizance to be so entered into, the sum of five shillings and no more, over and above the fees directed to be paid to the several clerks of the peace for filing such recognizances; and in case any clerk to such justices, or other person acting as such, shall demand, or take or receive of or from any person to whom such licence or authority as aforesaid shall hereafter be granted, or renewed or continued, as and for his fee or reward for the trouble of preparing the same, and taking and returning such recognizance as aforesaid, any further or greater fee or reward or recompence than the said sum of five shillings, every person so offending shall for every such offence, and on conviction on the oath of one credible witness, forfeit and pay the sum of five pounds, to be sued for, recovered, levied, and applied, in the same manner as any other pecuniary penalty imposed by this Act may be sued for, recovered levied and applied. VI. And be it further enacted, That from and after the passing of this Act, if any person duly licensed to keep an alehouse or victualling-house, or to sell ale beer or other exciseable liquors by retail, in any house within that part of the United Kingdom called England, shall die before the expiration of such licence, or if any person so licensed, or the executors administrators or assigns of the person dying so licensed, shall remove from or yield up the possession of such house in which such ale beer or other liquors shall by virtue of such licence be sold, and shall assign such licence, or in case any such house shall become empty or unoccupied, the late occupier whereof was duly licensed at the last general meeting previous to the time such house became empty or unoccupied, it shall and may be lawful for two or more of his Majesty's justices of the peace, or persons acting as such for the county, riding, city, liberty, town corporate, or place, at a special day of meeting to be holden within and for the same division or place in which the house shall be situate, to grant a licence or authority to the executors administrators or assigns of the person so dying who shall be possessed of such house, or to any new tenant or occupier upon any such removal, or upon the house becoming unoccupied as aforesaid, to open or continue open such house as an alehouse or victualling-house, or to sell ale beer or other liquors by retail as aforesaid therein, till the tenth of October then next ensuing, so as th person applying for such licence or authority shall produce such certit. cate and enter into such recognizance with such surety or sureties as herein-before directed; and every such recognizance to be taken and entered into at such special day of meeting, and every such certificate so to be produced, shall be returned to the respective clerks of the peace in the |