2 Burr. 803. The King v. Robinson. But where an offence was 35 G. 3. c. 113. Selling in fairs. The clause excepting fairs, in the several acts, is from the ne- Selling in fairs. cessity of the thing, respecting the accommodation of persons resorting thither. But those who shall brew such ale or beer, to be sold by them in fairs, must take care to give notice to the gaugers, that the same may be surveyed; for though they are exempted from taking licence, yet they must nevertheless pay the duties of excise. And this indulgence seemeth to be intended only in the place where the common fair is held; and not in any private house, which may be within the limits of the town where such fair shall be kept, especially where there are licensed alehouses sufficient. By stat. 9 G. 4. c. 61. § 18. it is enacted, "that every per- Penalty for son who shall sell, barter, exchange, or for valuable con- selling excisesideration otherwise dispose of, any exciseable liquor by retail, able liquors by to be drunk or consumed in his house or premises, or shall retail without permit or suffer any exciseable liquor to be sold, bartered, licence. exchanged, or otherwise disposed of for valuable consideration, by retail, to be drunk or consumed in his house or premises, without being duly licensed so to do; and that every person, being duly licensed, who shall sell, barter, exchange, or for valuable consideration otherwise dispose of, or shall permit or suffer to be sold, bartered, exchanged, or otherwise disposed of for valuable consideration, any exciseable liquor by retail, to be drunk or consumed in his house or premises, not being the house or premises specified in such licence; shall respectively for every such offence, on conviction before one justice, forfeit and pay any sum not exceeding 201. nor less than 57. together with the costs of the conviction: provided always, that no penalty for such Proviso in case sale, barter, exchange, or other disposal of any such liquor by of death. retail without licence, shall be incurred by the heirs, executors, administrators, or assigns of any person licensed under this act, who shall die, become bankrupt, or take the benefit of any act for the relief of insolvent debtors, before the expiration of his licence, so as such sale, barter, exchange, or other disposal of such liquor, be made in the house or premises specified in such licence, and take place prior to the special session then next ensuing, unless 9 G. 4. c. 61. Licensed per sons to use such special session shall be holden within fourteen days next after § 19. "Every person hereby licensed to sell exciseable liquors by retail, to be drunk or consumed in his house or premises, shall, if required, sell or otherwise dispose of all such liquors by retail sures in sale of therein (except in quantities less than a half pint,) by the gallon, liquors. standard mea Penalties for tenor of licences. First offence. quart, pint, or half pint measure, sized according to the standard, and shall also, if required by any guest or customer purchasing such liquor, 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 40s., together with the costs of the conviction, to be recovered within thirty days next after that on which such offence was committed, before any one justice; and such penalty shall be over and above all penalties to which the offender may be liable under any other act.' IV. Dffences against the tenour of the Licence. By stat. 9 G. 4. c. 61. § 21. it is enacted, "that every person lioffences against censed under this act, who shall be convicted before two justices, acting in and for the division or place in which shall be situate the house kept or theretofore kept by such person, of any offence against the tenour of the licence to him granted, shall, unless proof be adduced to the satisfaction of such justices, that such person had been theretofore convicted before two justices within the space of the three years next preceding of some offence against the tenour of the licence subsisting at the time when such last-mentioned offence was committed, be adjudged by such justices to be guilty of a first offence against the provisions of this act relative to the maintenance of good order and rule, and to forfeit and pay any sum not exceeding 5l., together with the costs of the conviction; but if proof shall be adduced, to the satisfaction of such justices, that such person had been previously convicted before two justices, within the space of the three years next preceding, of one offence only against the tenour of the licence subsisting at the time when such lastmentioned offence was committed, such person shall be adjudged Second offence. by such justices to be guilty of a second offence against the provisions of this act as aforesaid, and to forfeit and pay any sum not exceeding 10., together with the costs of the conviction; but if proof shall be adduced to the satisfaction of such justices, that such person had been previously convicted before two justices, within the space of the three years next preceding, of two separate offences against the tenour of the licences subsisting at the times when such last-mentioned offences were committed, it shall be lawful for the said justices, and they are hereby required, to adjourn the further consideration of the charge so made against such person as aforesaid to the special session to be then next holden under this act for the division or place in which shall be situate the house kept by such person, or to the general annual licensing meeting for the said division or place, if such meeting shall take place before any such special session shall be holden: and such justices shall issue their summons to the person so charged, to ap Third offence. case may be session. pear at such special session or at such general annual licensing 9 G. 4. c. 61. meeting, then and there to answer to the matter of such charge; and shall bind the person who shall make such charge, and any other person who shall have any knowledge of the circumstances thereof, in a sufficient recognizance, to appear at such special session or at such general annual licensing meeting, then and there to prosecute and to give evidence upon such charge; and if proof shall be adduced to the satisfaction of the justices assembled at such special session or at such general annual licensing meeting, that such person so charged is guilty of the offence with which he is so charged, such person shall be adjudged to be guilty of a third offence against the provisions of this act as aforesaid, and to forfeit and pay any sum not exceeding 50l. together with the costs of the conviction: provided always, that if Hearing of the at any time before the hearing of any such last-mentioned charge, adjourned to the justices assembled as aforesaid shall in their discretion think the quarter fit to direct that the hearing of such charge shall be adjourned to the general or quarter session of the peace then next ensuing, there to be enquired of by a jury, or if the person so charged shall, in writing under his hand, request the said justices to direct that the hearing of such charge shall be so adjourned as aforesaid, the said justices are hereby required to direct that the hearing of such charge shall be so adjourned, provided that the person who shall have made such request shall, before such justices so assembled, forthwith enter into a recognizance, with two sufficient sureties, personally to appear at the said general or quarter session, and to try such charge, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and the said justices are hereby required to bind in a recognizance to appear at such general or quarter sessions as aforesaid, then and there to give evidence against the person so charged, the person who shall make such charge, and any other person who shall have any knowledge of the circumstances thereof; and it shall be lawful for the said court of general or quarter session to direct a jury then and there duly impannelled to be sworn to enquire of the offence so charged to have been committed, and upon their verdict of guilty,' to adjudge such person to be guilty of a third offence against the provisions of this act as aforesaid, and such verdict and adjudication shall be final to all intents and purposes; and to punish such offender by fine, not exceeding the sum of 100%., or to adjudge the licence granted to and held by or on behalf of such offender to be forfeited and void, or to punish such offender by such fine as aforesaid, and to adjudge such licence to be forfeited and void; and if such licence shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly; and every excise licence for selling any exciseable liquors by retail, then held by or on behalf of such offender, shall also be void; and if the licence of such offender shall be so adjudged to be void, such offender shall, from and after such lastinentioned adjudication, be deemed and taken to be incapable of selling exciseable liquors by retail in any inn kept by him for the space of three years, to be computed from the time of such adjudication; and any licence granted to such person during such term shall be void to all intents and purposes: provided also, that Quarter sesthe court may, upon sufficient cause shewn, adjourn the hearing of sions may Penalty on verdict of guilty.' 9 G. 4. c. 61. adjourn the hearing. Proceedings at the session in certain cases to be carried on by the petty constable. Expences of prosecution to be charged on county rates. 57 G. 3. c. 19. Licences of public houses where unlawful clubs are held to be forfeited. such charge to the then next general or quarter session of the § 22. "In every case in which the justices assembled at any special session, or at any general annual licensing meeting, shall direct that the charge against any person licensed under this act shall be adjourned to the general or quarter session, it shall be lawful for such justices, if no other fit and proper person shall appear to prosecute such charge, and to carry on such proceedings as may be necessary to obtain at such session an adjudication thereon, to order that the constable or other peace officer of the parish or place in which shall be situate the house kept by the person so charged, shall carry on all proceedings necessary to obtain such adjudication as aforesaid, and to bind such constable or other peace officer in a sufficient recognizance so to do; and it shall be lawful for the justices before whom such charge shall have been heard, to order the treasurer of the county or place in and for which such justices shall then act, to pay to such constable or other peace officer, and to the witness or witnesses on his behalf, such sum or sums of money as to the court shall appear to be sufficient to reimburse such constable or other peace officer, and such witness or witnesses respectively, the expences that he or they shall have been severally put to in and about such prosecution; which order the clerk of the peace is hereby directed and required forthwith to make out and to deliver to such constable or other peace officer, or to such witness or witnesses; and the said treasurer is hereby authorised and required, upon sight of such order, forthwith to pay to such constable or other peace officer, or other person authorised to receive the same, such money as aforesaid; and the said treasurer shall be allowed the same in his accounts." By stat. 57 G. 3. c. 19. For the more effectually preventing seditious meetings, it is enacted, § 29., "that it shall be lawful for any two or more justices of the peace acting for any county, stewartry, riding, division, city, town, or place, upon evidence on oath that any meeting of any society or club hereby declared to be an unlawful combination and confederacy, or any meeting for any seditious purpose, hath been held, after the passing of this act, at any house, room, or place licensed for the sale of ale, beer, wine, or spirituous liquors, with the knowledge and consent of the person keeping such house, room, or place, to adjudge and declare the licence or licences for selling ale, beer, wine, or spirituous liquors, granted to the person or persons keeping such house, room, or place, to be forfeited; and the person or persons so keeping such house, room, or place, shall, from and after the day of the date of such adjudication and declaration, and notice thereof given to him, her, or them, be subject and liable to all and every the penalties and forfeitures for any act done after that day, which such person or persons would be subject and liable to if such licence or licences had expired or otherwise determined on that day." See also stat. 39 G. 3. c. 79. § 14. 21. Vol. V. tit. Rist ; and for forms of conviction, &c. for offences against both statutes, see Vol. V. tit. Riot. V. Dffences in brewing Ale. By stat. 1 W. sess. 1. c. 24. § 17. No common brewer or re- 1 W. 3. sess. 1. tailer of beer or ale shall use, in the brewing or working of any c. 24. beer or ale, any molosses, coarse sugar, honey, or composition or extract of sugar, upon the penalty of forfeiting the liquor, and also 100l., half to the king, and half to him that shall sue in six months. And by stat. 10 & 11 W. c. 21. § 34. If any common brewer 10&11 W. c.21. or retailer of beer or ale shall use any molosses, coarse sugar, Using sugar, honey, or composition or extract of sugar, in the brewing, making, honey, &c. in or working of any ale or beer; or if any common brewer shall brewing. receive into his custody any quantity of any of the said materials exceeding 10%. he shall forfeit 1007., to be recovered and mitigated as by the laws of excise; and by § 20. the servant or other assisting therein shall forfeit 201. in like manner, and in default of payment shall be imprisoned three months. Using wormbrewing. wood, &c. in And by stat. 9 Ann. c. 12. § 24. 26. No common brewer, inn- 9 Ann. c. 12. keeper, or victualler, shall use any broom, wormwood, or any bitter ingredient (to serve instead of hops) in brewing or making any beer or ale for sale (except infusing broom or wormwood, after it is brewed and tunned, to make broom or wormwood ale or beer), on pain of 201., half to the king, and half to the prosecutor, to be levied as by the laws of excise. And by 12 Ann. stat. 1. c. 2. § 32. No common brewer or retailer of beer or ale shall use any sugar, honey, foreign grains, guinea pepper, essentia bine, coculus Indiæ, or any unwholesome ingredients in the brewing of beer or ale, or mix any of them therewith, on pain of 20., to be recovered and mitigated as by the laws of excise, half to the king, and half to him that shall sue. Note, This section is omitted in Ruffhead's edition of the statutes. Vid. Ercise, title Ale and Beer, Vol. II. § V. 1. and stat. 56 G. 3. c. 58. VI. Concerning the Measure of Liquors. By stat. 8 Eliz. c. 9. The justices in Easter sessions yearly (and mayors in corporations) shall rate the price of all barrels, kilderkins, firkins, and other vessels to be sold for ale or beer to be uttered therein: And if any cooper shall not sell the same according to such rate, he shall forfeit 3s. 4d.; half to the king, and half to him that shall sue. Stat. 43 G. 3. c. 69. § 12. which recites the 12 C. 2. c. 24. and 1 W. st. 1. c. 24., and which also recites that it is expedient that the quantities to be returned as a barrel of beer or ale, brewed by the common brewer, and the allowances for waste, should be in all places the same, enacts, that from 5th July, 1803, every 36 gallons of beer or ale brewed by common brewers, whether within or without the weekly bills of mortality, taken according to the standard of the ale quart, four to the gallon, shall be reckoned a barrel of beer or ale; and by § 14. no common brewers shall sell at any other rate the barrel. 12 Ann. st. 1. c. 2. Using un wholesome ingredients. By 11 & 12 W. S. c. 15. [which is required to be given in charge 11 & 12 W. 3. at the sessions to the grand" jury, § 9.] it is enacted, f 1., that c. 15. |