No. VIII. 32 Geo. III.

c. 59.

Justices to have the same Juris

diction over such Retailers of Wine, as

they have over

and after the tenth day of October one thousand seven hundred and ninet two, it shall not be lawful for any person or persons whatever, in ar county riding city borough town corporate or place in Great Britain, \ virtue of any licence or licences granted or to be granted by any of tl commissioners or officers of Excise, for the sale of foreign wines or Britis made wines or sweets by retail, to sell the same by retail, to be drank his her or their house or houses or place thereto adjoining or belongin except such person and persons only to whom a licence shall have be granted by justices of the peace or other officers to sell ale beer a other liquors in the same house or houses respectively; and the sever justices of the peace and all other officers in and throughout the kingdo of Great Britain, shall be and are hereby empowered and authorised have and exercise the same jurisdictions powers and authorities over suc retailers of foreign or British-made wines or sweets, who shall sell tl same to be drank in his her or their house or houses or place thereto a Sellers of Beer. joining or belonging as aforesaid, as they now have or exercise or a entitled to have or exercise over persons licensed to sell ale beer ai other liquors by any s'atute whatsoever; and if any person or person shall sell or cause to be sold by retail as aforesaid any foreign or Britis. made wines or sweets, to be drank in his her or their house or houses place thereto adjoining or belonging, without having a licence to sell a beer and other liquors in the same house or place, every such person persons shall severally and respectively forfeit and pay for every suc offence the like penalty and penalties as are inflicted on persons for sel ing ale beer or other exciseable liquors without a licence, by an Act mad 5 Geo. 3. c. 45. in the fifth year of the reign of his present Majesty, intituled, An Ac for altering the Stamp Duties upon Admissions into Corporations or Companie and for securing and improving the Stamp Duties in Great Britain, to be ad judged recovered levied certified and applied in such and the like manne and under the like terms and with the like powers and authorities as th several penalties inflicted by the said Act are hereby or by any other Ac or Acts of Parliament relating thereto directed to be adjudged recovere levied certified and applied.

Penalty for sell ing Wine by Retail without having a Beer

Licence.

General Isssue.

Treble Costs.

X. And be it further enacted, That if any person or persons shall at any time be sued molested or prosecuted for any thing by him or them done or executed in pursuance of this Act, or of any clause matter of thing herein contained, such person or persons shall or may plead the general issue, and give the special matter in evidence for his or their de fence; and if upon the trial a verdict shall be passed for the defendant o defendants, or the plaintiff or plaintiffs become nonsuited, then such defendant shall have treble costs awarded to him or them against such plaintiff or plaintiffs.

Not to extend XI. Provided always, and be it further enacted by the authority afore to the Vintners said, That nothing in this Act contained shall extend or be construed to Company, &c. extend to any person who shall be a master warden freeman or one o the commonalty of the Vintners of the city of London; or to any persor who shall be licensed by the chancellors or vice chancellors of the two. Universities in that part of Great Britain called England, or either of them; or to any person who shall keep one of the three several wine taverns within the borough of Saint Albans in the county of Hertford licensed by the mayor and burgess thereof, according to the tenor of certain letters patent granted by Queen Elizabeth and King James the First, for and towards the maintenance of the free school there: Provided nevertheless, That no person who, from and after the said tenth day of October one thousand seven hundred and ninety-two, shall be admitted to the freedom of the said company of Vintners of the city of London by redemption only, shall be exempted from the obligation of obtaining a licence to retail ale beer and other liquors to be granted in manner aforesaid, but that the freemen only of the said company who have been already admitted to their freedom, or who from and after the said tenth day of October one thousand seven hundred and ninety-two shall be admitted to their freedom in right of patrimony or apprenticeship shall be entitled to such exemption.

Freemen of the Vintners Company by Redemption, after Oct. 10, 1792, not exempted

from this Act.

No. IX.

[ No. IX. ] 35 Geo. III. c. 113.-An Act for the more effectual Prevention of selling Ale and other Liquors 35 Geo. III.

by Persons not duly licensed.-[26th June 1795.]

WHEREAS by an Act made in the fifth year of the reign of his pre

c. 113.

c. 113.

35 Geo. III. sent Majesty, intituled An Act for altering the Stamp Duties upon Admissions into Corporations or Companies, and for further securing and 5 Geo. 3. c. 46. improving the Stamp Duties in Great Britain; after reciting that by the in part recited. laws then in force in that part of Great Britain called England and dominion of Wales and town of Berwick upon Tweed, persons selling ale or beer or other exciseable liquors by retail without licence were liable and subject by different laws to different penalties and punish'ments, which had occasioned much confusion, and an ill and improper use had been made thereof in many instances; For the prevention 'whereof it was enacted, That from and after the fifth day of July one ⚫ thousand seven hundred and sixty-five, every person lawfully convicted ' of selling ale or beer or other exciseable liquors by retail after that day in that part of Great Britain called England the dominion of Wales or 'town of Berwick upon Tweed, without being duly licensed so to do, should for every such offence forfeit and undergo the several penalties ' and punishments therein-after mentioned and provided in that behalf, instead and in lieu of the several pecuniary and corporal punishments which they were then liable or subject to by any law then in force; that is to say, For the first offence the sum of forty shillings, and also the costs and expences of convicting such offender; and in case such sum, together with the charges and expences of convicting such offender, should not be paid within the space of fourteen days next after such conviction, that then the offender should suffer imprisonment for the space of one month, unless he or they should sooner pay such 'penalty and the costs charges and expences of such conviction and executing the same; and for the second offence the sum of four pounds, and also the costs and expences of convicting such offender; and in case such sum, together with the charges and expences of convicting such offender the second time, should not be paid within the space of one 'week next after such conviction, then the offender should suffer im'prisonment for the space of two months, unless he or they should sooner pay such penalty of four pounds and the costs charges and expences of such second conviction and executing the same; and for the third offence the sum of six pounds, and also the costs and charges of 'convicting such offender; and in case such sum of six pounds, together with the charges and expences of convicting such offender the third ⚫ time, should not be paid within the space of three days next after such 'third conviction, that then the offender should suffer imprisonment 'for the space of three months, unless he or they should sooner pay such penalty of six pounds and the costs charges and expences of such third 'conviction and executing the same, and the like penalty and punish'ment for every other offence after the third offence and conviction thereof as for the said third offence; all which said costs and expences 'should be assessed settled and ascertained by the justice or justices of the peace before whom such offenders should respectively be convicted; 'any law statute or custom to the contrary thereof in any wise notwithstanding; all which penalties and forfeitures should go and be paid, the 'one moiety thereof to his Majesty his heirs and successors, and the other moiety thereof and also the costs charges and expences to be as'sessed or ascertained as aforesaid to the prosecutor or prosecutors of every such offender or offenders: And whereas by reason of many 'evasions still made use of, and of defects in the powers of the laws now in force, it is difficult to convict offenders against them: For remedy

whereof, be it enacted by the King's most excellent Majesty, by and with Recited Part of the advice and consent of the Lords Spiritual and Temporal and Com- 5 Geo. 3. c. 46, mons in this present Parliament assembled, and by the authority of the repealed. same, That so much of the said Act as is above recited shall be and is

No. IX.

c. 113.

From Sept. 20, 1795, Persons

hereby repealed; and that from and after the twentieth day of September 35 Geo. III. one thousand seven hundred and ninety-five if any person shall sell ale or beer or any other exciseable liquors by retail, or shall permit or suffer any ale or beer or any other exciseable liquors to be sold by retail in his her or their house outhouse or yard garden orchard or other places, in that part of Great Britain called England the dominion of Wales and town of Berwick upon Tweed, without being duly licensed so to do, and shall thereof be duly convicted, every such person so offending shall for every such offence forfeit and pay the sum of twenty pounds, and also the costs and expences attending the conviction, to be levied and recovered as herein is directed; and on and after a second conviction for the like offence shall also be rendered incapable of being thereafter licensed to keep an alehouse or to sell ale or beer or other exciseable liquors by

selling or permitting to be sold in their

Houses excise

able Liquors by

Retail without

Licence, liable to penalty. Justices may determine Complaints.

If Penalties be not paid, they may be levied by Distress.

retail.

II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any one or more justice or justices of the peace for the time being of the county riding division or place where such offence shall be committed to hear and determine the same in a summary way; which said justice and justices is and are hereby respectively authorised and required, upon information exhibited or complaint made to or before him or them in that behalf, to summon the party or parties accused and also any person or persons as a witness or witnesses on either side, and upon appearance, or contempt by not appearing, of the party or parties accused, to proceed to hear the matter in a summary way and also to examine any witness or witnesses on oath and to give judgment therein; and upon proof of the offence either by confession of the party or parties or upon the oath of one or more credible witness or witnesses to convict the party or parties so accused or complained against of the offence laid to his her or their charge; and in case the party or parties so convicted shall not, at the time and place of conviction if present, (or if absent) within the space of three days after notice, either personally served upon the party or parties or left for him her or them at the place where the offence shall have been committed, according to the directions of this Act, pay the penalty or penalties for which he she or they shall stand convicted, together with the costs and expences attending the same, which said costs and expences shall be ascertained and fixed by the justice or justices convicting the offender or offenders; that then and in every such case it shall be lawful for such justice or justices. and he and they is and are hereby required to issue his or their warrant or warrants of distress, empowering the person or persons to whom the same shall be directed to make distress of the goods and chattels of such offender or offenders wheresoever they shall or may be found, within the jurisdiction of the justice or justices convicting such offender or offenders, and also any goods and chattels found or being in the house outhouse cellar vault storehouse or other place in which such offence shall have been committed, or which shall be found or be in any house outhouse cellar vault or other storehouse belonging to or occupied therewith, or which shall be found or be in any house outhouse cellar vault storehouse or other place which shall have been entered at the Excise office for keeping or laying any beer or ale cyder or perry therein by or in the. name or names of such offender or offenders; and on the goods and chattels so distrained the officer or officers executing such warrant or warrants as aforesaid shall proceed to levy the sum or sums expressed in such warrant or warrants in manner directed in and by an Act made in the twenty-seventh year of the reign of his late Majesty King George the Second, intituled An Act for the more easy and effectual Proceeding upon Distresses to be made by Warrants of Justices of the Peace, and all the powers and provisions of the said Act; and also of an Act made in the of which, and of thirty-third year of the reign of his present Majesty, intituled An Act to 33 Geo.3.c.55. authorise Justices of the Peace to impose Fines upon Constables Overseers and as to Execution other Peace and Parish Officers for Neglect of Duty; and on Masters of of Warrants, to Apprentices for ill Usage of such their Apprentices; and also to make Proviextend to this sion for the Execution of Warrants of Distress granted by Magistrates;

Officers to exe-
cute Warrants
agreeably to
27 Geo. II.
c. 20;

the Provisions

Act.

cr

le

as far as the same relate to the execution of warrants of distress, shall be extended applied and put in execution in relation to warrants of distress. to be granted by virtue of this Act, as fully and amply as if the same is powers and provisions had been severally repeated and re-enacted in this

er

ad

d

S

e

I

е

Act.

No. IX.

35 Geo. III.

c..113.

III. Provided always and be it further enacted, That at the request of Distress may the owner or owners of the goods so distrained the same may be sold at be sold within any time within the four days allowed by the said Act of the twentyFour Days. seventh year of his late Majesty.

IV. And be it further enacted, That there shall be paid and allowed Allowance to.. to the officer or officers executing such warrant or warrants of distress Officers.

for the safe keeping of the goods and chattels so distrained, for each day such goods and chattels shall be in his or their custody, such sum not exceeding five shillings per diem, and for any person or persons acting therein in the aid and assistance of such officer or officers, such sum not exceeding two shillings per diem for each such person as the convicting justice or justices shall allow and direct to be paid, due proof being first made on oath to the satisfaction of such justice or justices that sufficient cause existed for calling in the aid and assistance of such person or persons.

e. V. And be it further enacted, That one moiety of the penalty so levied Application of

S shall be paid to the informer and the other moiety thereof to the use of Penalty.

the poor of the parish township or place in which the offence shall have been committed, in such manneras the justice or justices as aforesaid shall direct and appoint; and if the person or persons authorised to execute such warrant or warrants or any or either of them shall make a return thereto that no sufficient distress can be found whereon to levy the penalty and costs and charges as aforesaid, then it shall and may be lawful for any If sufficient justice or justices of any county riding division or place within whose Distress cannot jurisdiction the party or parties against whose goods and chattels such be found, the warrant of distress shall have been issued shall at any time be found, Justice may commit the Of upon producing to such justice or justices such warrant and return thereof, (and if such justice or justices shall be of any other county riding division or place, then upon oath made of the hand-writing of the justice or justices granting such warrant of distress and of the truth of such return) to commit such offender or offenders to the common gaol or other prison within the limits of his or their jurisdiction, for any term not exceeding six calendar months nor less than three calendar months, unless the said penalty or penalties, with the costs charges and expences of all proceedings attending the conviction and warrant of distress shall be sooner paid and satisfied.

fender.

VI. And whereas many persons do presume to carry on and exercise the trade of alehouse-keeper and victualler and retailer of beer and ale " without licence, and to make entry of houses outhouses cellars vaults ❝ or storehouses, for laying or keeping such beer or ale by assumed.or feigned names, and such beer and ale is frequently retailed in houses outhouses or other places detached from their place of residence, whereby the purposes of the law have been and still continue to be evaded;' Be it further enacted, That in case any summons shall be What shall be issued by any justice or justices of the peace for any person or persons deemed legal to appear and answer to any information or complaint for selling by retail Notice to Perany beer ale or other exciseable liquors without licence, the directing sons summoned such summons to such person by the name in which such person shall to answer Inhave entered any house outhouse cellar vault or storehouse for laying or formations for keeping of beer or ale, or in the names by which such person or persons selling Liquors is or are or has or have been usually known, whether the same be the by Retail with out Licence. real and proper or the assumed or feigned names of such person or persons; and the leaving such summons at the house outhouses cellar vault or other storehouse or place in which such offence is stated in any information to have been committed, and affixing a copy thereof on the door or other conspicuous part on the outside thereof, (such service being proved on oath of the person or persons who shall have so served such summons, and so affixed such copy,) shall be deemed and is hereby declared

No. IX.

to be as legal and effectual a notice or summons to all intents and purposes, as if the same was personally given or delivered to or unto the 35 Geo. III. hands of the party or parties to whom the same shall be directed; and as if the same was directed to the party or parties by his her or their proper and real name or names.

c. 113.

Retailers to

make previous Entry of all

Places used for laying Beer, &c.

Penalty of 50%. for not making Entry.

Places not en

tered, to be deemed concealed Places.

Beer, &c. and
Goods and

Chattels, found
where any Of

fence is committed, &c. to be liable to Dis.

tress.

Persons mak

deemed Re

tailers.

VII. And be it further enacted, That every alehouse-keeper victualler or retailer of beer or ale, who shall take or receive into or have in his her or their custody possession or power any beer or ale to sell or dispose thereof by retail, shall at least three days before he she or they shall begin so to sell or dispose of any such ale or beer, make a true and particular entry in writing at the office of Excise next to the place where such ale or beer shall be intended to be sold and disposed of, of all and every house outhouse cellar vault room store-house or other place used or to be used for laying or keeping any such beer or ale or for selling the same; and which said entry shall set forth the true name or names of the person or persons so making such entry, and shall also express whether the person making the same be an alehouse-keeper victualler or retailer; and such person or persons shall be deemed to be the occupier or occupiers proprietor or proprietors of all and every house outhouse cellar vault room storehouse or other place so entered for laying or keeping such ale or beer or for selling the same, so long as such entry shall remain in force or such ale or beer shall be or remain in the custody possession or power of the person or persons making such entry; and if any person or persons shall, contrary to the directions of this Act, make use of any house outhouse cellar vault room storehouse or other place, for the laying keeping or selling of beer or ale to be sold or disposed of by retail, without having made such entry as aforesaid, he she or they shall respectively forfeit for every default or neglect the sum of fifty pounds, to be sued for and recovered levied mitigated and distributed in such manner as is directed by any law now in force with regard to penalties and forfeitures on offences against the laws relating to the Excise; and all storehouses cellars rooms or other places used by any such innkeeper victualler or other retailer, for the purpose of laying or keeping any beer or ale or worts in cask without being so entered, shall be deemed and taken to be private and concealed storehouses cellars or places, within the meaning of all each and every Act and Acts of Parliament now in force in relation to private and concealed storehouses cellars or places for the keeping or laying exciseable liquors.

VIII. And be it further enacted, That all beer ale cyder perry and other exciseable liquors, together with all other goods and chattels found in every and any house outhouse cellar vault storehouse or other place where any such offence as aforesaid shall have been committed, or in any house outhouse cellar vault storehouse or other place belonging thereto or occupied therewith, or which shall have been entered as aforesaid at the Excise Office, for laying or keeping therein any beer or ale cyder or perry, by or in the name or names of the person or persons convicted, by whom or by what title or conveyance soever the same may be claimed, shall be liable to such warrant or warrants of distress to satisfy all penalties costs and charges incurred by any person or persons for any offence or offences committed within or upon the same premises or any part thereof as aforesaid; and it shall be lawful to levy the penalties and costs and charges, and use such proceedings in respect of the same, as it is lawful to do in case the offender or offenders had been truly and really the owner or owners or proprietor or proprietors of the same.

IX. And be it further enacted by the authority aforesaid, That every ing Entry to be person who shall make any entry at any office of Excise of any house outhouse cellar vault storehouse or other place for laying or keeping of any beer or ale, or for selling the same therein as an alehouse-keeper victualler or retailer, shall be deemed a seller by retail of such liquors to all Justices may intents and purposes; and that it shall and may be lawful for any justice summon Excise of the peace from time to time to suinmon before him or before any other Officers to pro- justice or justices any entry keeper gauger or other excise officer having duce Entries and Stock Books, and may examine them on Oath ;