same shall be void to all intents and purposes; and every person who shall, after being convicted as aforesaid, sell any beer or cider by retail, in any manner whatsoever, shall incur the penalty for so doing without licence; and in all such cases, in the prosecution for the recovery of such penalty, a certificate from the clerk of the peace, or person acting as such, of any such conviction as aforesaid, shall on the trial in such prosecution, be legal evidence thereof. 3 & 4 Vict. c. 61, s. 7.

How continued, on death.] Upon the death of any person whatever, licensed to retail beer or cider, before the expiration of the licence, it shall be lawful for the person authorized to grant licences to authorize and empower, by endorsement or otherwise, as the commissioners of excise shall direct, the executors or administrators, or the widow or child of such deceased person, who shall be possessed of and occupy the dwelling-house and premises before used for such purpose, to continue to retail beer and cider in the same house and premises during the residue of the term for which such licence was originally granted, without taking out any fresh licence, or payment of any additional duty thereon; and also at the expiration of such licence (in case the residue of the said term shall be less than three calendar months from the death of the person licensed) to grant a new licence to such executors, administrators, or widow, on payment of the proper licence duty, and entering into the usual bond. Id. s. 8.

Penalties.

Board over door.] Every person who shall be licensed under the provisions of this act, shall cause to be painted in letters three inches at least in length, in white upon a black ground, or in black upon a white ground, publicly visible and legible, upon a board to be placed over the door of the house or premises in which such person shall be licensed to sell by retail, the christian and surname of the persons mentioned in such licence, at full length, together with the words Licensed to sell beer and cider by retail," [with the additional words, 'not to be drunk on the premises," or "to be drunk on the premises;" 4 & 5 W. 4, c. 85, s. 18]; and every such person shall preserve and keep up such name and words so painted as aforesaid, during all the time that such person shall continue so licensed, upon pain that every person in any respect making default herein, shall forfeit and pay for every such offence the sum of 101. 1 W. 4, c. 64, s. 6.

Conviction, as post, p. 60:-For that he the said A. B. on, at being a person then licensed to sell beer, ale,

"

and porter by retail, under the provisions of a certain act made and passed in the first year of the reign of our late sovereign Lord William the Fourth, intituled, An act to permit the general sale of beer and cider by retail in England;" [and of a certain other act made and passed in the fifth year of the said reign, intituled, "An act to amend an act passed in the fifth year of his present Majesty, to permit the general sale of beer and cider by retail in England,"]* did not then and there, or at any time since, cause to be painted, in letters three inches at least in length, in white upon a black ground, or in black upin a white ground, publicly visible and legible, upon a board placed over the door of the house or premises of the said A. B. in which he the said A. B. was then licensed to sell beer by retail, the christian and surname of the said A. B., together with the words "Licensed" [&c. as above]: against the form of the statute in such case made and provided. Whereby, &c.

Selling beer, cider, or perry without licence.] Every person not being duly licensed to sell beer, cider, and perry, as the keeper of a common inn, alehouse, or victualling-house, who shall sell any beer or cider, or perry by retail, not to be drank or consumed in or upon the house or premises where sold, without having an excise retail licence in force authorizing him so to do, shall forfeit 10.; and every person, not being duly licensed to sell beer, cider, and perry, as the keeper of a common inn, alehouse, or victualling-house, who shall sell any beer, cider, or perry by retail, to be drank or consumed in or upon the house or premises where sold, without having an excise retail licence in force authorizing him so to do, whether such person shall or shall not be licensed to sell beer to be drank or consumed off the premises where sold, shall forfeit 201.; which said penalties shall be sued for and recovered, mitigated and applied, by the same means and under the same provisions as any other penalty may be sued for, and recovered, mitigated, and applied, under any law or laws of excise." 4 & 5 W. 4, c. 85, s. 17. See 3 & 4 Vict. c. 61, s. 7, ante, p. 48.

"And whereas doubts are entertained as to what is a selling of beer, or cider, or perry by retail; be it therefore enacted, that every sale of any beer, or of any cider or perry, in any less quantity than four gallons and a half, shall be deemed and taken to be a selling by retail." 4 & 5 W. 4, c. 85, s. 19.

"And if any person licensed to sell beer or cider, not to be consumed upon the premises, shall, with intent to evade the provisions of this act, take or carry, or authorize or employ or permit or suffer any person to take or carry any beer or cider out of or from the house or premises of such licensed person, for the purpose of being sold on his account, or for his benefit or profit drunk or consumed in any other house, or in any tent,

VOL. I.

d

shed, or other building of any kind whatever belonging to such licensed person, or hired, used, or occupied by him-such beer or cider shall be deemed and taken to have been drunk or consumed upon the premises, and the person selling the same shall be subject to the like forfeitures and penalties as if such beer or cider had been actually drunk or consumed in any house or upon any premises licensed only for the sale thereof as aforesaid." 4 & 5 W. 4, c. 85, s. 4.

Also, by stat. 3 & 4 Vict. c. 61, s. 13, "if any person not being duly licensed to sell beer or cider, shall retail any beer or cider, either to be consumed in or upon the house or premises or off the premises where sold, or if any person shall sell any beer or cider to be consumed in or upon the house or premises where sold, without being duly licensed so to do, such person shall, in addition to any excise penalty to which he may thereby become subject, forfeit five pounds, such penalty to be recovered in the same manner as any other penalty (not being excise penalties) are by the said recited acts, 1 W. 4, c. 64, and 4 & 5 W. 4, c. 85, or this act, to be recovered, levied and applied; provided always, that no information or other proceeding for the recovery of the said penalty shall be exhibited or commenced except by and in the name of a constable or other officer of the peace."

Owner of beer shop selling wine or spirits, &c.] If any person licensed under the said recited act and this act to sell beer or cider, shall permit or suffer any wine or spirits, sweets or made wines, mead or metheglin, to be brought into his house or premises to be drunk or consumed there, or shall suffer any wines, spirits, sweets, mead or metheglin, to be drunk or consumed in his house or premises by any person whomsoever: such person shall, over and above any excise penalty or penalties to which he may be subject, forfeit 201., to be recovered, levied, mitigated, and applied in the same manner as other penalties (not being excise penalties) are by this act to be recovered, levied, mitigated, and applied." 4 & 5 W. 4, c. 85, s. 16.

Conviction, as in the form, ante, p. 48, to the asterisk,* and then thus: did then and there permit two bottles of port wine and one gallon of rum [to be brought into the house and premises of him the said A. B. to be drunk and consumed there, or to be drunk and consumed in the house and premises of him the said A. B.]: against the form of the statute in such case made and provided. Whereby, &c.

"And whereas doubts have been entertained whether persons licensed to sell beer or cider under the said act of the first year of His Majesty's reign, who shall sell spirits or wine, or sweets

4 & 5 W. 4, c.85.] Penalty for selling Wine or Spirits. 51

or made wines, or mead or metheglin, without being licensed so to do, are liable to the penalties imposed by the laws of excise for selling spirits or wine, or sweets or made wines, or mead or metheglin without licence: be it therefore declared and enacted, that all persons licensed under the said recited act and this act, selling wine or spirits, or any sweets or made wines, or mead or metheglin, shall be liable to and shall incur all the penalties imposed by the laws of excise for selling spirits or wine, sweets or made wines, mead or metheglin, without licence." Id. s. 20.

Also, by stat. 3 & 4 Vict. c. 61, s. 10, if any person licensed to retail beer or cider under the said recited acts or this act, shall receive into or keep or have in his possession in any cellar, room, or any place entered for storing, keeping, or retailing beer or cider, any wine or spirits or sweets: such person shall, in addition to all other penalties, forfeit fifty pounds, to be recovered and applied according to stat. 7 & 8 G. 4, c. 58, and 4 & 5 W. 4, c. 51; and all wine and spirits and sweets found in any such entered cellars, rooms, or places, shall be forfeited; and on conviction of any such licensed person in any penalty for having wine or spirits or sweets in his possession, or for selling or retailing wine or spirits or sweets, the licence of such person for retailing beer or cider shall become null and void, and shall be so adjudged.

"And it shall be lawful for any officer of excise, at all times during the hours in which any house licensed for the retail of beer or cider may be kept open, to enter into every house, cellar, room, or place entered for the storing, keeping, or retailing of beer or cider, and to make search for and seize all wine and spirits and sweets which may be found in any such house, cellar, room, or place, and to examine all beer or cider kept therein." Id. s. 11.

Also, "It shall be lawful for any officer of excise, during the hours which any house is kept open for the sale of beer after the rate of one penny halfpenny or after a less rate the quart, to enter into every such house, cellar, room, or place for the keeping or retailing such beer, and to make search for and seize all wines, spirits, sweets, and all beer which by law they are not entitled to sell." Id. s. 12.

Selling by other than standard measure.] Every person under this act licensed to sell beer by retail, shall sell or otherwise dispose of all such beer by retail (except in quantities less than a half-pint) by the gallon, quart, pint, or half-pint measure, sized according to the standard, and shall also retail the same in a vessel sized according to such standard; and in default thereof, he shall for every such offence forfeit the illegal measure, and pay a sum not exceeding forty shillings, together with the costs of the conviction, to be recovered within thirty

days next after that on which such offence was committed, before two justices; and such penalty shall be over and above all penalties to which the offender may be liable under any other act." 4 & 5 W. 4, c. 85, s. 12.

Conviction, as in the form ante, p. 48, to the asterisk,* and then thus: did then and there sell three quarts and one pint of beer to one C. D., otherwise than by the quart, pint, or halfpint measure, sized according to the standard, to wit, by a certain vessel called a quart, which was then and there much less and contained much less than a quart measure sized according to such standard, and did then and there retail the said beer to the said C. D. in the said last-mentioned vessel not sized according to such standard as aforesaid, against the form of the statute in such case made and provided. Whereby, &c.

Permitting drunkenness in house, or committing offence against licence.] "Every seller of beer, ale, and porter by retail, having a licence under the provisions of this act, who shall permit any person or persons to be guilty of drunkenness, or disorderly conduct in the house or premises mentioned in such licence, shall for every such offence forfeit the respective sums following; and every person who shall in any way transgress or neglect, or shall be a party in transgressing or neglecting the conditions and provisions specified in such licence, or shall allow such conditions or provisions to be in any way transgressed or neglected, in the house or premises so licensed, shall be deemed guilty of disorderly conduct; and every person so licensed who shall permit any such disorderly conduct, shall for the first offence forfeit any such sum, not less than forty shillings, nor more than five pounds, as the justices before whom such retailer shall be convicted shall adjudge; and for the second such offence, any sum not less than 51. nor more than 107.; and for the third such offence, any sum not less than 20%. nor more than 50l.; and it shall be lawful for the justices before whom any such conviction for such third offence shall take place to adjudge, if they shall so think fit, that such offender shall be disqualified from selling beer by retail for the space of two years next ensuing such conviction, and also (i they shall so think fit) to adjudge that no beer shall be sold by retail by any person in the house or premises mentioned in th licence of such offender." 1 W. 4, c. 64, s. 13.

Convictions for permitting drunkenness, as in the form ante p. 48, to the asterisk*; and then thus: did then and there per mit one C. D. to become drunk in the house and premises of hin the said A. B., and in the said house and premises there to b and continue so drunk as aforesaid for a long space of time, t wit, for the space of one hour, [or as the case may be], again