CHAPTER II. SPECIAL FORMS OF STATEMENTS OF OFFENCES, &c. In the Statements of Offences in this Chapter, the Name and Addition of the Defendant, and the Date and Place of committing the Offence, have been omitted throughout, to avoid their repetition, which would increase the bulk of this Collection, the Statements supposing to commence and the words "A. B., of &c., on &c., at &c." to be inserted from the two Asterisks ** in the Form of Information or Complaint, No. 1, ante, p. 23; and in Warrants, Summonses, Commitments, Convictions, &c. to be inserted where the words "here set out the Offence," or words to that effect, occur in the general Forms or Outlines in Chap. I. The words "contrary, &c." signify "contrary to the form of the statute in such case made and provided." AIDERS AND ABETTORS. [The description of Offences will be found at page 26, Forms No. 6 and 7.] Oke's Synopsis, 2nd ed. p. 80, Offence 1. Id. Offence 2. Id. Offence 3. ALEHOUSES. I. Offences against the Licence. II. Other Offences. III. Proceedings on Charge of a Third Offence, and on Appeal. I. OFFENCES AGAINST THE LICENCE. 1. Fraudulently diluting or adultering exciseable Liquors. (9 Geo. 4, c. 61, s. 21).]-being then and there an alehouse keeper, and duly licensed to sell exciseable liquors by retail in his house or premises there situate, did fraudulently dilute [or adulterate] a certain quantity of a certain exciseable liquor, to wit, two gallons of gin, then in the possession of him the said A. B., by mixing a certain quantity, to wit, one quart of water therewith, against the tenor of his said licence, and contrary to the form of the statute in such case made and provided. 2. Selling adulterated Liquors. (Id.)]—Proceed to the asterisk* in No. 1, then :-sell to one E. F. a certain quantity of a certain exciseable liquor, to wit, two gallons of gin, before then fraudulently diluted [or adulterated] by the said A. B. [or by some person or persons unknown], he the said A. B. then and there well knowing that the same were so fraudulently diluted or adulterated, against, &c. [as 1.] 3. Not using Standard Measure. (Id.)]-Proceed to the asterisk* in No. 1, then :-in selling to one E. F. a certain quantity of a certain exciseable liquor, to wit, two gallons of gin, unlawfully use a certain measure as and for a gallon, which was not then of the legal standard, but, on the contrary, was less, to wit, one pint less than a gallon measure of the legal standard, against, &c. 4. Permitting Drunkenness. (Id.)]—Proceed to the asterisk* in No. 1, then-wilfully [or knowingly] permit drunkenness and other disorderly conduct in his said house and premises so licenced as aforesaid, there situate, against, &c. Oke's Synop. 2nd ed. p. 80. Offence 4. 5. Permitting disorderly Conduct. (Id.)]-Proceed to the asterisk Id. in No. 1, then-wilfully [or knowingly] permit disorderly conduct in his said house and premises, by then and there suffering persons, to the number of twelve and more, to remain fighting, drinking and making a great noise and disturbance there [or as the case may be], at a late hour of the night, to wit, at one o'clock, against, &c. 6. Suffering unlawful Games. (Id.)]—Proceed to the asterisk* in No. 1, Id. Offence 5. then :-knowingly suffer a certain unlawful game, to wit, an unlawful game of rouge et noir [or hazard] to be played by one E. F. and G. H., and several other persons unknown [or by several persons unknown], in his said house and premises so licensed, against, &c. 7. Suffering gaming. (Id.)]-Proceed to the asterisk* in No. 1, then :- Id. knowingly suffer gaming in his said house and premises so licensed, by then and there permitting one E. F. and G. H. [or several persons unknown] to play [for money or ale, if the case] or cards [or as the case may be], against, &c. 8. Permitting Persons of notoriously bad Character to assemble. (Id.)]— Id. Offence 6. Proceed to the asterisk in No. 1, then :-knowingly permit [or suffer] one E. F., one F. G. and other persons, the said E. F., F. G. and the said other persons then being persons of notoriously bad character, [or knowingly permit [or suffer] divers persons of notoriously to assemble and meet together in his said house and premises so licensed, 9. Opening House during Afternoon Divine Service. (Id.)]—Proceed to Id. Offence 7. the asterisk in No. 1, then-and the said day being Sunday [Christmas Day or Good Friday], keep open his house, so licensed, for the reception of persons, not being travellers, during the usual hours of the afternoon divine service in the church [or chapel] of the said parish of —, to wit, at three o'clock in the afternoon, against, &c. 10. Suffering Liquor to be conveyed during Divine Service. (Id.)]- Id. Offence 8. Proceed to the asterisk in No. 1, then and the said day being Sunday [or Christmas Day or Good Friday] permit [or suffer] a certain quantity of an exciseable liquor, to wit, one quart of ale, to be conveyed by one E. F. [or a person unknown] from and out of his said house and premises during the usual hours of the afternoon divine service in the church [or chapel] of the said parish of to wit, at three o'clock in the afternoon, against, &c. 11. Not maintaining good Order. (Id.)]-Proceed to the asterisk* in Id. Offence 9. No. 1, then-not then and there maintain good order and rule in his said house and premises so licensed as aforesaid, but on the contrary thereof, he the said A. B.* did then and there permit and suffer great noises, shouting and fighting therein, to the great disturbance of the neighbourhood [or as the case may be], against, &c. Oke's Synop. 2nd ed. p. 80. Forms to be used in enforcing the Conviction ]-No. 39 (I. 1), ante, p. 38; Distress Warrant, &c. No. 53 (N. 1), p 50, as the case may require. Observations.]-The title of the statute is given in the form of conviction in s. 32 of the 9 Geo. 4, c. 61; it is, "against the provisions of an act to regulate the granting of licences to keepers of inns, alehouses and victualling houses in England." This may be inserted or not, after the description of the offence in the conviction and the subsequent forms. Offences 10, 11, p. 82. Id. Offence 12. Id. Offence 13. Id. Offence 14. Id. Offences 15-17. II. OTHER OFFENCES. 12. Selling without Licence. (Id. s. 18.)]—did sell [or barter, exchange, or for valuable consideration, to wit, dispose of] [or did permit or suffer] to be sold [or bartered], &c. by retail, a certain quantity of a certain exciseable liquor, to wit, one pint of ale, to one E. F., to be drunk and consumed in his house and premises there situate, he the said A. B. not being then and there duly licensed so to do, and not being then and there the heir, executor, administrator or assignee of any person duly licensed so to do, contrary, &c. 13. Licensed Person selling in unlicensed Premises. (Id.)]—Proceed to the asterisk* in Form No. 1, ante, p. 66, and then: sell [or barter], &c. [or permit or suffer] to be sold [or bartered, &c.] by retail, a certain quantity of a certain exciseable liquor, to wit, one pint of ale, to one E. F., to be drunk and consumed in a certain other house of him the said A. B., situate in Street, in the parish of aforesaid, the said last-mentioned house not being the house or premises specified in such licence, and the said A. B. not being then the heir, executor, administrator or assignee of any person duly licensed to sell exciseable liquors, to be drunk or consumed in the said last-mentioned house, contrary, &c. 14. Not selling by Standard Measure. (Id. s. 19.)] — Proceed to the asterisk in Form No. 1, ante, p. 66, and then: and being then and there required by one E. F. to sell by retail in his said house and premises a certain quantity of a certain exciseable liquor, to wit, one gallon of ale, by the gallon sized according to the standard, and being then and there also required by the said E. F., so then and there purchasing the said liquor, to retail the same in a vessel sized according to the standard, did therein make default, and did then and there sell the said ale by a measure much less, to wit, one pint less than the standard gallon, contrary, &c. in the 15. Not closing House in case of Riot, &c. (Id. s. 20.)]—Proceed to the second asterisk in Form No. 11, ante, p. 67, and then: did keep open his said house at [or after] the hour of noon, at which said last mentioned hour two of her Majesty's justices of the peace, acting for the county wherein the said house is situate, duly ordered and directed that every person licensed as aforesaid in the said parish of where a riot or tumult then happened, should close his house, against, &c. [as No. 1]. 16. Harbouring or entertaining County Police. (2 & 3 Vict. c. 93, s. 16.)] — being then and there a victualler [or a keeper of a house, shop, room, or other place], there for the sale of spirituous liquors [or otherwise] did then and there knowingly harbour [or entertain, or did then and there knowingly permit to remain and abide in his said house,] one E. F., a constable then belonging to the constabulary force of the said Oke's Synop. 2nd ed. p. 82. 17. Not receiving Billeted Soldier. (Annual Mutiny Act.)]-Proceed Offence 18. to the asterisk in Form No. 1, ante, p. 66, and then: and being a person liable under the statute in that behalf to receive soldiers duly billeted upon him,* did then and there refuse to receive and afford proper accommodation [or diet], to wit in his house so licensed as aforesaid, to one E. F., a soldier in her Majesty's regiment of ——, then and there duly billeted upon him by one G. H., the person employed by virtue of the statute in that behalf in billeting soldiers in the said parish, contrary, &c. 18. Refusing to pay Compensation, &c. for Stables, &c. for Soldiers. Id. Offence 19. (Id.)]-Proceed as directed in Form No. 17, supra, to the second asterisk*, and then: -and not having good and sufficient stables for the horse of one E. F., a soldier in her Majesty's regiment of, then and there duly billeted upon him by one G. H., the person employed by virtue of the statute in that behalf in billeting soldiers in the said parish, did then and there refuse to pay over to one H. I., who provided stabling for the said horse, the sum of , as theretofore directed by one J. S., Esquire, a justice of the peace, to be paid as an allowance by way of compensation by the said A. B. to the said H. I., contrary, &c. 19. Opening House before half-past twelve on Sunday Morning (11 & Id. Offence 20. 12 Vict. c. 49, s. 1.)]-Proceed to the asterisk* in Form No. 1, ante, p. 66, and then: and the said day, being [Sunday] did open his house for the sale of wine, spirits, beer, and other fermented or distilled liquors, [naming which of them according to the fact], before half past twelve o'clock in the afternoon [or before the termination of the morning divine service in the church [or chapel] of the parish of --] to wit, at o'clock in the contrary, &c. noon, otherwise than as refreshment for travellers, 20. Selling before half-past twelve on Sunday Morning (Id.)]— Id. Offence 21. Proceed to the asterisk* in Form No. 1, ante, p. 66, and then: and the said day being Sunday [or Christmas-day, or Good Friday], did sell to one E. F. a certain quantity of a certain liquor, to wit, one pint of beer [or as the case may be], before half-past twelve o'clock in the afternoon, [or before the termination of the morning divine service in the church [or chapel] of the said parish of ], to wit, at o'clock in the noon, the said E. F. not then being a traveller, and the said beer [or as the case may be] not being then sold as refreshment for travellers, contrary, &c. 21. Opening for the Sale of any other Articles on Sunday. (Id. s. 3.)] Id. Offence 22. Proceed to the asterisk* in Form No. 1, ante, p. 66, and then: and the said day being Sunday [or Christmas-day, or Good Friday] did open his house for the sale of a certain article, to wit, bread and cheese [or as the case may be], before half-past twelve, &c. [conclude as in Form No. 19, supra.] 22. Refusing to admit, or not admitting, a Constable. (Id. s. 5.)] Id. Offences 23 Proceed to the asterisk in Form No. 1, ante, p. 66, and then refuse 24, p. 84. to admit, [or did not admit], one E. F., then being one of the constables for the said parish of into the house of him the said A. B. Oke's Synop. 2nd ed. p. 84. there situate, and licensed for the sale of wine and spirits [or as the case may be], although the said A. B. was then and there requested by the said E. F. to admit him therein, contrary, &c. Forms to be used in enforcing the Conviction. (No. 39 (I. 1), ante, p. 38]; Distress Warrant, &c. No. 53 (N. 1), p. 50, to No. 58, p. 52. III. PROCEEDINGS ON CHarge of a thIRD OFFENCE AND ON APPEAL 23. Recognizance of Informer or Witness to prosecute at Special Session The form No. 13 (E.), ante, p. 28, may be adapted to one person, stating the condition thus:-the condition of the within-written recognizance is such, that if the said C. D. [and E. F.] shall personally appear at the special session [or general annual licensing meeting] of her Majesty's justices of the peace in and for the division of N., in the said county of, to be holden at day of on the next, at o'clock at noon, then and there to prosecute one A. B., an alehouse keeper, upon a charge [preferred by the said C. D.] of a third offence against the tenor of the licence of the said A. B., to wit, for that the said day of, at the parish of ➖➖, did [here set out the offence], and to give evidence upon such charge, then the said recognizance to be void, or else to stand in full force and virtue. A. B. on the 24. Notice of Recognizance.]—The Form No. 13, ante, p. 29, can be adapted to the above condition. 25. Recognizance of Defendant and Sureties to try Charge where adjourned to the Quarter Sessions. (Id. s. 21.)]—The Form No. 13 (E.), ante, p. 28, may be used, stating the condition thus: the condition of the within-written recognizance is such, that whereas the within-bounden A. B. hath this day been charged before us, the said justices assembled in special session [or at the general annual licensing meeting,] with a third offence against the tenor of the licence of the said A. B. as an alehouse-keeper, to wit, for that he, the said A. B., on the day of last, at the parish of in the said [county] of [here set out the offence] and we have directed the hearing of the said charge to be adjourned [at the written request of the said A. B. if so,] to the general [or quarter] session of the peace for the said [county] now next ensuing, there to be inquired of by a jury; if therefore the said A. B. will personally appear at the next general [or quarter] sessions of the peace to be holden in and for the said [county] of --, and then and there to try the said charge, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the said court awarded, then the said recognizance to be void, or else to stand in full force and virtue. 26. Notice of such Recognizance.]-The Form No. 13 (E.), ante, p. 28, can be adapted to the above condition. 27. Recognizance of Informer or Witness to give evidence at the Quarter Sessions. (Id. s. 21.)]--The Form No. 13 (E.), ante, p. 28, may be adapted to one person, stating the condition thus: the condition, &c. [pro |