No. XIII. 3 Geo. IV. c. 77. Justices not to act as such where person. ally interested. Penalty on Justices so offend ing. Constables, &c., disqualified from holding licensed Houses. No licensed Person liable to serve as Constable. licence shall be applied for, and shall affix or cause to be affixed t Copies of such notice, written in a fair and legible hand, on the prin door or most conspicuous part of the house for which such licence i tended to be applied for, and on the door of the church of the paris which such house shall be situated, on three several days within months of May or June, between the hours of ten of the clock in the noon and of four of the clock in the afternoon, and between each of w days of affixing such notices the space of seven days shall elapse; w notice, and the copies thereof so to be affixed, shall be signed by the interested in such house, and intending to make such applicatio aforesaid, or his her or their agent thereunto authorized; and every notice shall state and set forth the situation of the said house in a and particular manner, together with the rate of building thereof, w any such rate of building exists or is prescribed, and the name pla abode and description of the party so applying, and also the name place of abode of the person proposed to be licensed therein; and e licence to be granted to sell ale beer or other liquors by retail in such house or other place, not having been used for any of the purposes af said by virtue of a licence granted the preceding year, without such vious notice having been given as aforesaid, shall be void to all int and purposes. XVIII. And whereas it is expedient that persons empowered to g licences by virtue of this Act should not be swayed by interest in execution of such powers; be it therefore enacted by the authority at said, That no justice of the peace or magistrate in any county, ric city, liberty, town corporate, or place, in that part of the United King called England, who is a brewer, malster, distiller, or dealer in or reta of ale beer or other exciseable liquors, or is concerned in partnership v any person as a brewer, malster, distiller, or dealer in or retailer of beer or other exciseable liquors, or shall be the manager or agent of for any house licensed or about to be licensed for any of the purpo aforesaid, at any of the time or times when any of the powers of this are to be executed, shall act in any of the meetings for granting of licence or licences, authority or authorities, or shall convict or join in conviction, or in the determination of any application for a licence authority to a person to keep any house not before licensed, or in determination of any appeal directed by this Act; and every justic the peace or magistrate who shall knowingly or wilfully offend in an the premises, shall for every such offence forfeit and pay the sum of hundred pounds, to be recovered by any person who will sue for the sa within six calendar months after such offence committed, by action debt or on the case, or by bill suit or information, in any of his Majes Courts of Record, wherein no essoign protection or wager at law, nor m than one imparlance, shall be allowed; which said penalty of one h dred pounds shall be paid, one moiety thereof to the person who sues the same, and the other moiety to the King's Majesty, his heirs successors. XIX. And be it further enacted, That from and after the tenth day October one thousand eight hundred and twenty-three, all and every I son and persons using and exercising, or that hereafter shall use: exercise the trade or business of a licensed victualler or alehouse-keep or who shall sell ale beer or other exciseable liquors by retail, by vir of any licence or authority, licences or authorities, already granted hereafter to be granted by the justices of the peace in that part of United Kingdom called England, for so long as he or they shall use a exercise the said trade or business, or shall hold such licence or licenc authority or authorities, and no longer, shall at all times hereafter be c qualified from serving the office of constable, headborough, police offic or patrole; and if at any time hereafter any such person or persons usi the said trade or business, or holding and using such licence or licenc authority or authorities, shall be chosen or elected into the office of c stable or headborough, that then such person or persons producing su licence or authority, or licences or authorities, to use and exercise t said trade of a licensed victualler or alehouse-keeper, or to sell ale beer or other exciseable liquors by retail, duly issued pursuant to the provisions of this Act, or of any other Act law or charter now in force, to the person or persons by whom he shall be so elected or appointed, or by or before whom he shall be summoned returned or required to serve or hold the said office of constable, shall be absolutely discharged from the same; and such nomination, election, return, or appointment shall be utterly void and of none effect, any order, custom, law, or statute to the contrary in anywise notwithstanding; nor shall any such person using or exercising the said trade or business of a licensed victualler, or to whom any such licence or authority shall be granted for the purposes aforesaid, while he shall so exercise the said trade, or hold and use such licence or authority, take upon himself, or serve or execute the office of deputy to any constable already chosen, or hereafter to be chosen and elected to that office within that part of the United Kingdom called England, on pain of forfeiting, for every Act to be done committed or executed by him as or in the character of deputy to any such constable as aforesaid, the sum of ten pounds, to be recovered in manner herein-before directed by virtue of this Act. Standard Mea sures. XX. And be it further enacted, That from and after the tenth day of Alehouse October one thousand eight hundred and twenty-two, all persons keeping Keeper to use common inns alehouses or victualling-houses, and retailing ale and beer, shall sell the same in and from their houses by a full ale quart pint or half-pint, made of pewter, sized to the standard, and stamped or marked to be of due size according to the standard, either from the Exchequer, for from some city, town corporate, borough, or market town, where an ale quart pint or half-pint, made from the said standard, shall be kept for that purpose, and shall not retail any ale or beer in any other vessels than such stamped pewter ale quarts pints and half-pints, unless such ale or beer shall have been first measured in and by such stamped pewter ale quart pint or half-pint, in the presence of the guest or customer purchasing the same, under pain of forfeiting for every offence a sum not exceeding forty shillings (together with the costs of conviction), to be recovered within thirty days next after the committing of such offence, before any two justices of the peace acting for the county or place in which such offence shall have been committed, the one half to be paid to the person who shall prosecute or sue for the same, and the other half to the poor of the parish or place where such offence shall have been committed; and in case of the non-payment thereof, they shall cause the same to be levied upon goods and chattels of the offender, by warrant of dis#tress under their hands and seals. 1 XXI. And be it further enacted, That from and after the passing of this Act, if any brewer or wholesale dealer in ale or beer, in that part of the United Kingdom called England, shall sell and deliver to any innkeeper, alehouse-keeper, victualler, or other person whomsoever, any ale or beer, in barrels casks or other vessels which shall not be able to contain the full quantity of ale or beer for which the said brewer or wholesale dealer in ale or beer shall charge the purchaser thereof, such brewer or wholesale dealer in ale or beer shall forfeit and pay a sum not exceeding five pounds for every such barrel cask or other vessel so deficient in size as aforesaid, together with the costs of conviction, to be recovered by information before one justice of the peace, within thirty days next after the making of such charge, who, in case of the non-payment thereof, shall cause the same to be levied upon the goods and chattels of the party =so offending. Penalty not exceeding 40s. Brewer to use Penalty not exceeding 54. for each Cask deficient in Size. XXII. And be it further enacted, That all fines penalties and forfeitures Application of imposed by this Act, and for which no other means for recovering thereof Penalties. are hereby provided, may be sued for and recovered by action of debt, bill, plaint, or information, in any of his Majesty's Courts of Record at & Westminster; and that one moiety of all and every fine penalty or forfeiture by this Act imposed, and not expressly directed to be otherwise applied, shall be to his Majesty, his heirs and successors, and the No. XIII. 3 Geo. IV. c. 77. Act not to extend to the City of London. Other Acts not repealed. Universities not affected. Duration of Act other moiety to him or them who shall inform discover or sue for same. XXIII. Provided always, and be it further enacted, That nothi herein contained shall extend or be construed to extend to alter the ti or times of granting licences for keeping common inns or alehouses the city of London. XXIV. Provided also, and be it further enacted, That nothing in Act contained is intended to repeal any former Act or Acts of Parliam made in this behalf; except only so far as the same or any of the visoes and enactments thereof have been expressly repealed altered amended by the present Act. XXV. Provided always, and be it further enacted, That nothing this Act contained shall extend to alter or in any manner to affect any the rights or privileges of the Universities of Orford or Cambridge, or powers of the chancellors or vice-chancellors of the same, as by law Į sessed under the respective charters of the said Universities. XXVI. And be it further enacted, That this Act shall commence & limited to Three take place from the passing thereof, and from thence shall continue a Years. be in force for and during the term of three years, and from thence to t end of the then next session of Parliament. Middlesex,} AT a Schedule (A). FORM of RECOGNIZANCE. the case may be,] held at eight hundred and the meeting of his Majesty's justices of i peace acting in and for the division [or liberty, &c. in the division [or liberty, &c.] a day of one thousa T. S. at the sign of, &c. victualler, knowledges himself to be indebted to our Sovereign Lord the King, the sum of pounds, E. F. of, &c. acknowledges himself to be debted to our Sovereign Lord the King in the sum of pounds, tol levied upon their several goods and chattels, lands and tenements, by wi of recognizance to his Majesty's use, his heirs and successors, upon cond tion that the said T. S. do and shall keep the true assize in uttering ar selling bread and other victuals, beer ale and other liquors, in his her their house, and shall not fraudulently dilute or adulterate the same, an shall not use, in uttering and selling thereof, any pots or other measure that are not of full size, and shall not wilfully or knowingly perm drunkenness or tippling, nor get drunk in his her or their house or othe premises; nor knowingly suffer any gaming with cards, draughts, dice bagatelle, or any other sedentary game in his her or their house, or an of the outhouses appurtenances or easements thereto belonging, b journeymen, labourers, servants, or apprentices; nor knowingly introduc permit or suffer any bull bear or badger-baiting, cock-fighting or othe such sport or amusement in any part of his her or their premises; no shall knowingly or designedly, and with a view to harbour and entertai such permit or suffer men or women of notoriously bad fame, or dissoluti girls and boys, to assemble and meet together in his her or their house, any of the premises thereto belonging; nor shall keep open his her their house, nor permit or suffer any drinking or tippling in any part his her or their premises during the usual hours of divine service on Su days; nor shall keep open his her or their house or other premises during late hours of the night, or early in the morning, for any other purpose than the reception of travellers, but do keep good rule and order therein according to the purport of a licence granted for selling ale beer or other liquors by retail in the said house and premises for one whole year commencing on the tenth day of October next, then this recognizance to be void, or else to remain in full force. Schedule (B). AT a general meeting of his Majesty's justices of the peace, acting in division in the county of and for the holden at within the said division, on the hundred and for the purpose of authorizing and empowering persons to keep common inns alehouses or victualling-houses, we, being of his Majesty's justices of the peace acting in and for the said division and county assembled at the said meeting, do hereby authorize and empower at the sign of the in in the division and county aforesaid, having produced the certificate required by law to keep a common inn alehouse or victualling-house, and to utter and sell in the said house wherein now dwelleth, called or known by the sign of the and in the premises thereunto belonging, and not elsewhere, victuals, and all such exciseable liquors as shall be licensed and empowered to sell, under the authority and permission of any excise licence, which shall be duly granted by the commissioners of Excise, or persons to be appointed or employed by them for that purpose, provided that the true assize in bread, beer, ale, cyder, and all other liquors, be duly kept; and that the said do not ndfraudulently dilute or adulterate the same, or sell the same knowing them to have been fraudulently diluted or adulterated, and do not use, in uttereing and selling thereof, any pots or other measures that are not of full size, and do not wilfully or knowingly permit drunkenness or tippling, or get drunk in house, or other premises, nor knowingly suffer any gaming with cards, draughts, dice, bagatelle, or any other sedentary game, house, or any of the cuthouses appurtenances or easements thereto belonging, by journeymen, labourers, servants, or apprentices; or knowingly introduce permit or suffer any bull bear or badger-baiting tock-fighting or other such sport or amusement, in any part of premises; nor shall knowingly and designedly, and with a view to harbour and entertain such, permit or suffer men or women of notoriously bad fame, or dissolute girls and boys, to assemble and meet together in house, or any of the premises thereto belonging; nor shall keep open house, nor permit or suffer any drinking or tippling in any part premises, during the hours of divine service on Sundays; nor shall keep open house or other premises during late hours of the night or early in the morning, for any other purpose than the reception of travellers, but that good order and rule be maintained and kept therein; the authority and power hereby granted to continue in force for one whole year, from the tenth day of October next, and no longer. of Signed [No. XIV. ] 7 Geo. IV. c. 65.-An Act to continue until the first day of January one thousand eight hundred and twenty-seven, and to the End of the next Session of Parliament, an Act of the third Year of His present Majesty, for regulating the Manner of licensing Alehouses in England.-[26th May 1826.] WHEREAS an Act was passed in the third year of his present Majesty's reign, intituled An Act for amending the Laws for regulating the Man- 3 G. 4. c. 77. ner of licensing Alehouses in that Part of the United Kingdom called England, and for the more effectually preventing Disorders therein; which Act will expire at the end of the present session of Parliament: And whereas it is expedient to continue the same for a further time: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Pariament assembled, and by the authority of the same, That the said Act Recited Act shall be and the same is hereby further continued in force until the first further conlay of January one thousand eight hundred and twenty-seven, and to the tinued. nd of the next session of Parliament. No. XVI. c. 46. 3 G. 4. c. 77. 9 Geo. IV. [No. XV.] 7 & 8 Geo. IV. c. 48.-An Act to contin until the first day of June one thousand eight hundr and twenty-eight, and from thence to the End of t then next Session of Parliament, an Act of the th Year of His present Majesty, for regulating the Ma ner of licensing Alehouses in England.-[23d Jr 1827.] WHEREAS an Act was passed in the third year of his present Majes reign, intituled An Act for amending the Laws for regulating the M ner of licensing Alehouses in that Part of the United Kingdom called Engla and for the more effectually preventing Disorders therein, which was c tinued by an Act of the last session of Parliament until the first day January one thousand eight hundred and twenty-seven, and to the end the next session of Parliament: And whereas it is expedient to contir the same for a further time: Be it therefore enacted by the King's m excellent Majesty, by and with the advice and consent of the Loi Spiritual and Temporal, and Commons, in this present Parliament asse bled, and by the authority of the same, That the said first-recited shall be and the same is hereby further continued in force until the fi day of June one thousand eight hundred and twenty-eight, and from ther to the end of the then next session of Parliament. 7 G. 4. c. 65. First-recited Act further continued. 35 G. 3. c. 113. § 1. [No. XVI.] 9 Geo. IV. c. 46.-An Act to enable certa Hotel-Keepers to be licensed to keep Hotels as commo Inns, Alehouses, and Victualling-Houses, and to se therein Beer and other exciseable Liquors, for th Residue of the present Year.-[15th July 1828.] WHEREAS by an Act passed in the thirty-fifth year of the reign His late Majesty King George the Third, intituled An Act for ti more effectual Prevention of selling Ale and other Liquors by Persons n duly licensed, it is enacted, that from and after the twentieth day September one thousand seven hundred and ninety-five, if any person sha sell ale or beer, or any other exciscable liquors, by retail, or shall perm or suffer any ale or beer, or any other exciseable liquors, to be sold by re tail in his her or their house, outhouse, or yard, garden, orchard, or othe place, 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 sha for every such offence forfeit and pay the sum of twenty pounds, and althe costs and expences attending the conviction, to be levied and recovere as therein is directed; and on and after a second conviction for the lik offence, shall also be rendered incapable of being thereafter licensed t keep an alehouse, or to sell ale or beer, or other exciseable liquors, b retail; and several provisions are also contained in the said Act for th recovery and appropriation of the said penalty: And whereas certain per sons, being the keepers of hotels for the temporary residence of guests and not being licensed to keep a common inn alehouse or victualling house, have, by supplying such guests with beer, or other exciscable liquors, for their daily consumption, inadvertently incurred the aforesaid penalty and disability; for remedy thereof be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assem Keepers of Ho- bled, and by the authority of the same, That every such person, so being tels, who with the keeper of any hotel for the temporary residence of guests, who at any time before the passing of this Act, by selling to and supplying any guests out Licence have sold excise in such hotel with any beer or other exciseable liquor, without being able Liquors to their Guests before the passing of this Act, discharged from the Penalty. |