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No. XIX.

9 Geo. IV. c. 68.

5 G. 4. c. 54.

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

of

day of

in the year one thousand eight hundred and
for the
purpose of granting licences to persons keeping inns alehouses and victual-
ling-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
authorize and empower A. L. now dwelling at
in the parish of
and keeping [or intending to keep] an
inn alehouse or victualling-house at the sign of the
in the
in the division and county
aforesaid, to sell by retail therein, and in the premises thereunto belong-
ing, 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 charac-
ter 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 other exciseable liquor to be conveyed from or out of his [or her]
premises, during the usual hours of the morning and afternoon divine
service in the church or chapel of the parish or place in which his [or
her] house is situated, on Sundays Christmas Day or Good Friday, but
do maintain good order and rule therein; and this licence shall continue
in force from the
day of
next until the
then next ensuing, and no longer:
Provided, that the said A. L. shall not in the meantime become a sheriff's
officer, or officer executing the process of any court of justice, in either of
which cases this licence shall be void. Given under our hands and seals,
on the day and at the place first above written.

day of

[ No. XIX. ] 9 Geo. IV. c. 68.-An Act to amend an Act of the fifth year of His present Majesty, for amending the Laws of Excise relating to Retail Brewers.-[19th July 1828.]

WHEREAS by an Act passed in the fifth year of the reign of his present Majesty, intituled An Act to repeal the Duties on Licences to brew and to retail Beer Spirituous Liquors and Foreign Wine, and to grant other Duties in lieu thereof, and amend the Laws of Excise relating to such Duties, and to Brewers and Retailers of Beer, it is enacted, that no licensed brewer of beer for sale, who shall also be duly licensed to retail such beer under this Act, shall sell deliver or send out at or from his her or their brewery, or the premises belonging thereto, or entered as aforesaid in the

said Act, or to any of his her or their customers, any beer in any quantity less than a whole barrel, except between the hours of six of the clock in the morning and nine of the clock in the evening, or shall sell deliver or send out any beer during the usual hours of divine service on Sundays, upon pain of forfeiting for each and every such offence the sum of twenty pounds: And whereas it is expedient that the time during which such brewers shall be allowed to sell beer should be extended; 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 it shall be lawful for any such brewer as in the said Act is in that behalf mentioned to sell beer by retail as aforesaid, at or from his her or their brewery, or other premises entered by such brewer for that purpose as in the said Act is provided, between the hour of four of the clock in the morning and ten of the clock in the evening, subject nevertheless in all other respects to the several rules regulations and restrictions by and in the said Act enacted and contained.

No. XIX.

9 Geo. IV.

c. 68.

Brewers licensed under the recited Act may sell Beer between the Hours of Four in the Morning and Ten in the Evening.

PART VI.

CLASS II.

5 Eliz. c. 4. A Repeal of so much of former

Statutes as con.
cerns the Hir-

ing, Keeping,
Departing,
Working, or
Order of Ser-

vants, Labour

ers, &c.

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Apprentices.

[No. I.] 5 Eliz. c. 4. (1.)-An Act containing divers Orders for Artificers, Labourers, Servants of Husbandry, and Apprentices.

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ALTHOUGH there remain and stand in force presently a great number of Acts and Statutes concerning the retaining departing wages and orders of apprentices servants and labourers, as well in husbandry as in divers other arts mysteries and occupations; yet partly for the imperfection and contrariety that is found and doth appear in sundry of 'the said laws, and for the variety and number of them, and chiefly for that the wages and allowances limited and rated in many of the said statutes are in divers places too small, and not answerable to this time, respecting the advancement of prices of all things belonging to the said servants and labourers; the said laws cannot conveniently, without the great grief and burden of the poor labourer and hired man, be put in And a Declara- good and due execution: And as the said several Acts and Statutes tion who shall were, at the time of the making of them, thought to be very good be compellable ' and beneficial for the commonwealth of this realm (as divers of them to serve in Hanare): So if the substance of as many of the said laws as are meet to be dicrafts and who continued shall be digested and reduced into one sole law and statute, in Husbandry, and in the same and uniform order prescribed and limited concerning and their se'the wages and other orders for apprentices servants and labourers, there veral Duties, is good hope that it will come to pass that the same law (being duly &c. 'executed) should banish idleness, advance husbandry, and yield unto 'the hired person both in the time of scarcity and in the time of plenty, a convenient proportion of wages.'

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(1) This Statute, of which the greater part has long been obsolete in practice and inapplicable to the state of society, was probably deemed a masterpiece of wisdom and policy at the time of its be. ing passed, when the general fashion was to submit all matters of private interest as much as possible to public regulation. The provision which precluded persons from exercising such occupations as their own convenience might suggest, without having served an apprenticeship, was allowed to continue its operation in the depression of talent and industry, and the encouragement of illegal combination, in opposition to the judgment of every enlightened inquirer, the lessons of experience, the discouragement of Courts of Justice, and the frequent interposition of the legislature, in creating particular exceptions, until the Session of Parliament immediately preceding the present publication, when the commerce of the country was fortunately relieved from its pressure. See Statute 54 Geo. III. c. 96.-A very able and judi. cious view of the real motives and purposes of the Act for the discouragement of commerce and ma'nufactures, on account of their supposed opposi

tion to the interests of agriculture, is taken in a Tract recently published, and included in the 5th volume of a periodical publication, called the Pamphleteer.

The Provisions of this Act, and of the subsequent Statute of 1 James I. for enabling and requiring justices of peace to regulate the rate of wages, (manifestly, however injudiciously, intended to operate in favour of masters,) after continuing dormant for a long space of time, were lately endeavoured to be brought into operation by combinations of workmen: an attempt which occasioned their repeal, by Stat. 53 Geo. III. c. 40. See Post Title Servants.

I have thought it advisable, notwithstanding the repeals above noticed, to retain the whole of the Statute.

The Statute relates only to such persons who bind themselves as apprentices as are under age, and not to adults. Smedley v. Gooden, 3 M. & S. 189.

Quære, Whether a master who exercises a trade not within the Statute can legally take an apprentice? Gye v. Felton, 4 Taunt. 876.

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No. I.

5 Eliz. c. 4.

What Sort of
Persons are

serve by the Year in Husbandry,

from his said master mistress or dame at the end of his term, without one quarter's warning given before the end of his said term, either by the said master mistress or dame or servant, the one to the other, upon the pain hereafter ensuing.

VII. And be it further enacted by the authority aforesaid, That every person between the age of twelve years and the age of sixty years, not compellable to being lawfully retained nor apprentice with any fisherman or mariner haunting the seas; nor being in service with any kidder or carrier of any corn grain or meal for provision of the city of London; nor with any husbandman in husbandry; mor in any city town corporate or market town, in any of the arts or sciences limited or appointed by this estatute to have or take apprentices; nor being retained by the year or half the year at the least for the digging seeking finding getting melting fining working trying making of any silver tin lead iron copper stone sea-coal stone-coal moor-coal or chark-coal; nor being occupied in or about the making of any glass; nor being a gentleman born; nor being a student or scholar of any of the Universities, or in any school; nor having lands tenements rents or hereditaments, for term of life or of estate of inheritance of the clear yearly value of forty shillings; nor being worth in goods and chattels of the value of ten pound; nor having a father or mother then living or other ancestor whose heir apparent he is, then having lands tenements or hereditaments of the yearly value of ten pound or above, or goods or chattels to the value of forty pound; nor being a necessary or convenient officer or servant lawfully retained, as is aforesaid; nor having a convenient farm or holding, whereupon he may or shall employ his labour; nor being otherwise lawfully retained, according to the true meaning of this estatute; shall after the aforesaid last day of September now next ensuing, by virtue of this estatute, be compelled to be retained to serve in husbandry by the year with any person that keepeth husbandry, and will require any such person so to serve within the same shire where he shall be so required.

The Forfeiture for putting away his Ser

vant within his Term, or at the end of his Term without Warning.

The Punishment of a Servant which performeth not his Duty in Service or Departure.

VIII. And be it further enacted by the authority of this present Parliament, That if any person after he hath retained any servant shall put away the same servant before the end of his term, unless it be for some reasonable and sufficient cause to be allowed as is aforesaid; or if any such master mistress or dame shall put away any such servant at the end of his term without one quarter's warning given before the said end as is above remembred; that then every such master mistress or dame so offending, unless he or they be able to prove by two such sufficient witnesses such reasonable and sufficient cause of putting away of their servant or servants during their term, or a quarter's warning given afore the end of the said term as is aforesaid, before the justices of Oyer and Terminer, justices of assize justices of the peace in the quarter sessions, or before the mayor or other head officer of any city borough or town corporate, and two aldermen or two other discreet burgesses of the same city borough or town corporate if there be no aldermen, or before the Lord President and Council established in the marches of Wales, or before the Lord President and Council for the time being established in the north parts, shall forfeit the sum of forty shillings.

IX. And if any servant retained according to the form of this estatute, depart from his master mistress or dame's service before the end of his term, unless it be for some reasonable and sufficient cause to be allowed as is aforesaid; or if any servant at the end of his term depart from his said master mistress or dame's service without one quarter's warning given before the end of his said term in form aforesaid, and before two lawful witnesses; or if any person or persons compellable and bounden to be retained and to serve in husbandry, or in any other the arts sciences or mysteries above remembred by the year or otherwise, do (upon request made) refuse to serve for the wages that shall be limited rated and appointed according to the form of this statute; or promise or covenant to serve and do not serve according to the tenor of the same: That then every person so departing away, and every person so refusing to serve for such wages, upon complaint thereof made by the master mistress or dame

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