9 G. 4. c. 61. Conviction to be on oath of witnesses. Form of conviction. Convictions to be returned to the quarter sessions, and filed of record. or the judgment so appealed against shall have been affirmed, or such appeal shall have been abandoned, it shall be lawful for the court to whom such appeal shall have been made or intended to be made, and such court is hereby required to adjudge and order that the party so having appealed, or given notice of his intention to appeal, shall pay to the justice to whom such notice shall have been given, or to whomsoever he shall appoint, such sum, by way of costs, as shall in the opinion of such court be sufficient to indemnify such justice from all cost and charge whatsoever to which such justice may have been put in consequence of his having had served upon him notice of the intention of such party to appeal; and if such party shall refuse or neglect forthwith to pay such sum, it shall be lawful for the said court to adjudge and order that the party so refusing or neglecting shall be committed to the common gaol or house of correction, there to remain until such sum be paid; and that in every case in which the judgment so appealed against shall be reversed, it shall be lawful for such court, if it shall think fit, to adjudge and order that the treasurer of the county or place in and for which such justice whose judgment shall have been so reversed shall have acted on the occasion when he shall have given such judgment, shall pay to such justice, or to whomsoever he shall appoint, such sum as shall, in the opinion of such court, be sufficient to indemnify such justice from all costs and charges whatsoever to which such justice may have been so put; and the said treasurer is hereby authorised to pay the same, which shall be allowed to him in his accounts." $31. "Every conviction under this act shall be on the oath or oaths of one or more credible witness or witnesses; and that any justice, not as herein-before disqualified, and acting in and for the county or place in which the offence complained of shall have been committed, is hereby authorized to administer the same." § 32. "A conviction in the form or to the effect following, mutatis mutandis, as the case may 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; that is to say, BE it remembered, that on this in the year to wit. } convicted before the of A. B. of day of was duly of his majesty's justices of the peace for for that [here state the offence, and the time and place when committed,] whereby the said A. B. has forfeited the sum of⋅ this being adjudged to be the first [or second, or third] offence [as the case shall happen to be,] against the provisions of an act to regulate the granting of licences to keepers of inns, alehouses, and victualling houses, in England, besides the costs of this conviction, which the said justices do hereby assess at the sum of•pursuant to the statute in such case made and provided. Given under our hands and seals the day and year above written." § 33. "Every justice before whom any such conviction shall have been made shall return the same, or cause it to be returned, to the next general or quarter session of the peace holden for the county or place wherein the offence shall have been committed; and it shall be then and there delivered to the clerk of the peace, or other person acting as such, to be by him filed or enrolled amongst the records of the said court; and the certificate of the 9 G. 4. c. 61. clerk of the peace of such conviction, which he is hereby required to grant on demand upon payment of a fee of one shilling, shall be legal evidence of every such conviction." § 34. "No conviction under this act, nor any adjudication made Writ of ceron appeal therefrom, shall be quashed for want of form, or be tiorari not to be removed, by writ of certiorari or otherwise, into any of his allowed. majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and that there be a good and valid conviction to sustain the same." A. Notice to be affixed on the Door of the House and of the Church or Chapel, or on other conspicuous Place, when it is intended to apply for a Licence to sell exciseable Liquors by Retail, to be drunk or consumed in a House not then kept as an Inn, Alehouse, or Victualling House. and for six To the Overseers of the Poor, and the Constables of the Parish of. ————— and to all whom it may concern: A. B. [state the trade or occupation,] now residing at in the parish of in the county of· months last past having resided at in the parish of [or in the several parishes of. -] in the county [or in the counties of -,] do hereby give notice, that [if application is intended to be made to a special session, here state the cause for such application] it is my intention to apply at the general annual licensing meeting [or at the special session] to be holden at day of on the hundred and day of 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 intended to be opened. B. Notice of the Intention of a Licensed Victualler to apply at the Special Session for Permission to transfer such Licence to some other Person. I To the Overseers of the Poor and the Constables of the whom it may concern: A. B. [or we, the executors, &c. &c. of the late A. B.] victualler, being authorised by virtue of the licence granted to me [or him, or her] at the general annual licensing meeting [or special session] A. B. C. held at hundred and day of on the one thousand eight to sell exciseable liquor by retail, to be drunk or consumed in the house or premises thereunto belonging, situate at [here describe the situation of the house], and commonly known by the sign of the do hereby give notice, that it is my [or our] intention to apply at the special session to be holden at in the county of on the day of one thousand eight hundred and - for permission to transfer the above-mentioned licence to C. D. [state his trade or occupation] now residing at in the parish of in the county and for six months last past having resided at Lor in the several parishes of ] in the county of[or counties of of -], that the said C. D. intending to keep as an inn, alehouse, or victualling house, the said house so as aforesaid kept by me [or us] may sell exciseable liquors by retail, to be drunk or consumed in the said house, or premises thereunto belonging. Given under my hand this eight hundred and day of one thousand 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 holden at of on the in the in day of year one thousand eight hundred and -, for the purpose of granting licences to persons keeping inns, alehouses, and victualling 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 authorise 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 the in the division and county aforesaid, to sell by retail therein, and in the premises thereunto belonging, 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 adul terated; 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 character 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] day of D. Precept to the High Constable to issue Warrants to the County of To J. B., gentleman, high constable of the hundred IN pursuance of the statutes in that case made, these are to require day of D. J. P. E. Form of the High Constable's Warrant as above directed : County of =} To the constables of the parish of on the. BY virtue of a warrant from his majesty's justices of the peace And unto such persons as have not been licensed for the year preceding, you are further to give notice, that no licence will be granted to any of them, unless he [or she] shall also, at the same time and place, produce a certificate under the hands of the minister, or of the major part of the churchwardens and overseers, and of four reputable and substantial householders and inhabitants, or under E. the hands of eight respectable and substantial householders and inhabitants of the parish or place where he [or she] shall have last inhabited or dwelt, for a space of six months, setting forth the number of the house, and the name of the street, or other true description of the house where he [or she] so dwelt, and also whether he [or she] was there a housekeeper or an inmate, and whether in such last-mentioned parish or place he [or she] kept an alehouse or victualling-house, and if so, the sign of such houses, setting forth that he [or she] is of good fame, sober life and conversation, and a fit and proper person to be entrusted with a licence to keep a common inn, alehouse, or victualling-house. And unto such persons whose houses shall not have been used for such purposes by virtue of a licence granted at a preceding general annual meeting of the justices, and who (as far as the same shall come to your knowledge) do intend to apply to be licensed for the purposes aforesaid, you are further to give notice, that no licence will be granted to any of them, unless he [or she] shall also have given notice in writing to the clerk or clerks to the justices at such general meeting, three calendar months prior to the general annual meeting of the justices of the peace for granting licences for the place in which the house shall be situated, for which such licence shall be applied for, and shall have affixed, or caused to be affixed, three copies of such notice, written in a fair and legible hand, on the principal door or most conspicuous part of the house for which such licence is intended to be applied for, and on the door of the church of the parish in which such house shall be situated, on three several days within the months of May or June, between the hours of ten of the clock in the forenoon, and of four of the clock in the afternoon, and between each of which days of affixing such notices, the space of seven days shall elapse, which notice, and the copies thereof so to have been affixed, shall have been signed by the party interested in such house, and intending to make such application as aforesaid, or his, her, or their agent thereunto authorised; and which notice should have stated and set forth the situation of the said house in a true and particular manner, together with the rate of building thereof, where any such rate of building exists or is prescribed, and the name, place of abode, and description of the party so applying, and also the name and place of abode of the person proposed to be licensed therein. And you are to make a return to the said justices, at the same time and place, in writing under your hand, containing the names of all such persons as you shall have summoned so to appear before them as aforesaid, together with their dwelling-places, and the signs by which their houses are known. You will, moreover, inform the overseers of the poor and the surveyors of the highways, as well as all those justices of the peace who reside in your parish, of the time and place appointed for the said sessions. Hereof fail not. Given under my hand at said county, the day of thousand eight hundred and in the in the year of our Lord one High constable. |