CLASS I.- ALEHOUSES.* [No. I. ] 5 & 6 Edward VI. c. 25.-For Keepers of Ale- FORASMUCH as intolerable hurts and troubles to the commonwealth of this realm doth daily grow and increase through such abuses No Mandamus can issue to Justices of Peace refusing to grant a Licence, 2 Str. 881; nor any action be maintained against them on that account, Bassett v. Godschall, 3 Wils. 121. But the Court refusal upon corrupt motives, R. v. Young, and Pitts 1 Bur. 556— R. v. Athay. 2 Bur. 653 R. v. Williams, 3 Bur. 1317 R. v. Hume, B* No. I. 5 & 6 Edw. VI. c. 25. Ale or Beer without Li houses called Tipling-houses; (2) It is therefore enacted by the King our sovereign lord, with the assent of the Lords and Commons in this present parliament assembled and by the authority of the same, That the justices of peace within every shire city borough town corporate franchise or liberty within this realm, or two of them at the least (whereof one of them to be of the quorum) shall have full power and authority by virtue None shall sell of this Act, within every shire city borough town corporate franchise and liberty where they be justices of peace, to remove discharge and put away common selling of ale and beer in the said common alehouses and tiplingcence, andthey houses in such town or towns and places where they shall think meet shall be bound and convenient: (3) And that none after the first day of May next. by Recogni- coming shall be admitted or suffered to keep any common alehouse or tiplinghouse but such as shall be thereunto admitted and allowed in the open sessions of the peace, or else by two justices of the peace, whereof the one to be of the quorum; (4) And that the said justices of the peace or two of them (whereof the one be of the quorum) shall take bond and surety from time to time by recognisance of such as shall be admitted and allowed hereafter to keep any common alehouse or tiplinghouse, as well for and against the using of unlawful games, as also for the using and maintenance of good order and rule to be had and used within the same, as by their discretion shall be thought necessary and convenient; (5) for making of every which recognisance, the party or parties that shall be so bound shall pay but twelve pence. sance. 1 Show. 398. Justices of Peace maydischarge common selling of Ale and Beer. 1 Bulst. 109. 4 Mod. 144. Recognisance with surety by those which do keep Alehouses. xij. d. for making the Recognisance. Recognisance II. And the said justices shall certify the same recognizance at the next quarter sessions of the peace to be holden within the same shire city borough town corporate franchise or liberty where such alehouse or tiplinghouse shall be; (2) the same recognisance there to remain of record before the justices of peace of that shire city borough town corporate franchise or liberty; (3) upon pain or forfeiture to the King for every such recognisance taken and not certified, iij. li. vj. s. viij. d. must be certified at the next Quarter Sessions. Inquiry of those which have forfeited their Recognisance. The Punish ment of those whichcontrary to the Com mandment of the Justices do keep Alehouses. Altered by 3 Car. I. c. 3. $2. Palmer 388. 1 Salk, 45. III. And it is further enacted by the authority aforesaid, That the justices of the peace of every shire city borough town corporate franchise and liberty where such recognisance shall be taken shall have power and authority by this Act in their quarter sessions of the peace by presentment information or otherwise by their discretion, to inquire of all such persons as shall be admitted and allowed to keep any alehouse or tiplinghouse and that be bound by recognisance as is abovesaid, if they or any of them have done any act or acts whereby they or any of them have forfeited the same recognisance; (2) and the said justices of every shire and places where they be justices, shall upon every such presentment or information award process against every such person so presented or complained upon before them to show why he should not forfeit his recognisance; (3) and shall have full power and authority by this Act to hear and to determine the same by all such ways and means as by their discretion shall be thought good. IV. And it is further enacted by the authority aforesaid, That if any person or persons other than such as shall be hereafter admitted or allowed by the said justices, shall after the said first day of May obstinately. and upon his own authority take upon him or them to keep a common alehouse or tiplinghouse, or shall contrary to the commandment of the said justices or two of them use commonly selling of ale and beer: That then the said justices of peace or two of them (whereof one to be of the quorum) shall for every such offence commit every such person or persons so offending to the common gaol within the said shire city borough town. corporate franchise or liberty, there to remain without bail or mainprize by the space of three days; (2) and before his or their deliverance, the said justices shall take recognisance for him or them so committed, with two sureties, that he or they shall not keep any common alehouse, tiplinghouse, or use commonly selling of ale or beer, as by the discretion of the said justices shall seem convenient. V. And the said justices shall make certificate of every such reCertificate of the Recognisance and Offence at the Quarter Sessions, cognisance and offence at the next quarter sessions that shall be holden No. I. 5 & 6 Edw. VI. c. 25. The Fine of those which keep Alehouse without Licence. VI. Provided alway, That in such towns and places where any fair or A Proviso for fairs shall be kept, that for the time only of the same fair or fairs it shall Towns where be lawful for every person and persons to use common selling of ale or Fairs be kept. beer in booths or other places there, for the relief of the King's subjects. that shall repair to the same, in such like manner and sort as hath been used or done in time passed; this Act or any thing therein contained, to the contrary notwithstanding. 11 H. 7. c. 2. 4 Ja. 1. c. 4. [ No. II. ] 1 James I. c. 9.-An Act to restrain the inordinate Haunting and Tippling in Inns, Alehouses and other Victualling-houses. 1. Jac. I. c. 9. The true and principal Use of Inns and Ale WHEREAS the ancient true and principal use of Inns Alehouses and Victualling-houses was for the receipt relief and lodging of way'faring people travelling from place to place, and for such supply of the wants of such people as are not able by greater quantities to make their provision of victuals, and not meant for entertainment and harbouring houses. of lewd and idle people to spend and consume their money and their ⚫ time in lewd and drunken manner :' II. Be it therefore enacted by the King's most excellent Majesty, the The Forfeiture Lords Spiritual and Temporal and Commons in this present Parliament of an Alehouseassembled, and by the authority of the same, That if after forty days next keeper perensuing after the end of this present session of parliament, any inn- mitting one to keeper victualler or alehouse-keeper within this realm of England or the continue undominion of Wales, do permit or suffer any person or persons inhabiting lawful Drinking and dwelling in any city town corporate market town village or hamlet in his House. within this realm of England or dominion of Wales, where any such inn 7 Jac. 1. c. 10. alehouse or tipling-house is or shall be, to remain and continue drinking 4 Car. 1. c. 4. or tipling in the said inn, victualling-house tipling-house or alehouse; (2) other than such as shall be invited by any traveller, and shall ac- Farther Procompany him only during his necessary abode there; (3) and other than visions relating labouring and handicraftsmen in cities and towns corporate and market hereto. towns upon the usual working-days, for one hour at dinner-time to take 1 Car. I. c. 4. their diet in an alehouse; (4) and other than labourers and workmen Burn, v. 1-28. which for the following of their work by the day or by the great in any city town corporate market town or village, shall for the time of their said continuing in work there sojourn lodge or victual in any inn alehouse or other victualling-house; (5) other than for urgent and necessary occasions to be allowed by two justices of the peace; That then every such inn-keeper victualler or alehouse-keeper shall for every such offence forfeit and lose the sum of ten shillings of current money of England to the use of the poor of the parish where such offence shall be committed; (6) the same offence being viewed and seen by any mayor bailiff or justice One Witness of peace within their several limits, or proved by the oath of two wit- sufficient. nesses to be taken before any mayor bailiff or any other head officer or 21 Jac. 1. c. 7. any one or more justice or justices of the peace, who by virtue of this sect. 1. Act shall be authorised to minister the said oath to any person or persons that can or will justify the same, being within the limits of their said commission. III. And be it further enacted by the authority aforesaid, That if any The Prices of inn-keeper alehouse-keeper or victualler shall at any time utter or sell Ale and Beer less than one full ale-quart of the best beer or ale for a penny, and of the sold in an Inn small two quarts for one penny, that then every such inn-keeper ale- or Alehouse. house-keeper or victualler shall forfeit for every such offence, being duly No. II. 1 Jac. I. c. 9. proved in manner above limited, the sum of twenty shillings of lawful money of England to the use abovesaid: (2) All and every the said penalties to be levied by the constables or churchwardens of the parish or parishes where the offence or offences shall be committed, by way of distress to be taken and detained for the said forfeitures, and for default of satisfaction within six days next ensuing, the same then to be presently apprised and sold, and the surplusage or remainder over and above to be delivered to the party of whom the distress was taken; (3) and for want of sufficient distress the party or parties offending to be by the mayor bailiff or other head officer or justice or justices aforesaid, committed to the common gaol, there to remain until the said penalty or penalties be truly paid. (1) IV. And be it further enacted by the authority aforesaid, That if the constables or church-wardens do neglect their duty in levying, or do not levy the said several penalties, or in default of distress or distresses, from time to time do neglect to certify the same default of distress by the space of twenty days then next ensuing, to the mayor bailiff other head officer or justice of peace within whose jurisdiction the offence is committed, then every person and persons so offending shall forfeit for every such default the sum of forty shillings of current money of England, to the use of the poor of the parish where such offence shall be committed ; (2) to be levied by way of distress of the offender's goods, by warrant from any one or more justice or justices of the peace mayor bailiff or other ting their Duty. head officer within the limits of their jurisdictions respectively, under his or their hand and seal to be taken and detained for the said forfeitures, for the space of six days then next ensuing: Within which time if payment be not made, the same goods to be presently apprised and sold, and the surplusage and remainder over and above (if any be) to be delivered The Constable to the party of whom the distress was taken; (3) and for want of such suffi The Penalty of the Constables or Churchwardens omit and Church warden's Ac count. 12 H. 7. c. 2. 5 & 6 Ed. 6. c. 25. The Continu cient distress the constables church-warden or church-wardens so offending to be by the mayor bailiff or other head officer justice or justices of peace committed to the common gaol, there to remain until the said penalty or penalties be truly paid; (4) for all which penalties which so shall be levied by the said constables or church-wardens, they the said constables and church-wardens shall be accountable to their successors and other the parishioners, in such sort as they usually be in other church-reckonings or accounts (5) And for all forfeitures to be levied by reason of any neglect of the constables or church-wardens, those shall be accountable who by force of any warrant or precept do levy the same, or upon the enlargement of persons committed do receive the same. V. And be it further enacted, That all other laws and statutes touching inn-keepers victuallers and alehouse-keepers shall still remain in their former force and be put in due execution. (2) This Act to continue to the end of the first session of the next Parliament. ance of this Statute. Offences comImitted within the Universities. VI. Provided always, and be it enacted by the authority of this present Parliament, That the correction and punishment of such as shall offend against this Act or any part thereof, within either of the two Universities of this realm or the precincts or liberties of the same, shall be done upon the offenders, and justice shall be ministred in this behalf, according to the intent and true meaning of this law, by the governors magistrates justices of the peace or other principal officers of either of the same Universities, to whom in other cases the administration of justice and correction and punishment of offenders by the laws of this realm and their several charters doth belong or appertain, and that no other within their liberties, for any matter concerning this law, contrary to their several charters do intermeddle; (2) and that all penalties and sums of money to be forfeited or lost by force of this Act, within either of the Universities or the liberties or precincts of the same, shall be levied by the officers or ministers of either of the said Universities, to be from time to time in (1) By 2 Geo. 3. c. 14, no Innkeeper, &c, shall be sued for enhancing the price of Ale to a rea sonable degree. |