No. VII. 30 Geo. II. c. 24, neglect or refuse to appear on such summons, and no just excuse shall be offered for such neglect or refusal, then (after proof by oath of such summons having been duly served upon him her or them for that purpose) any such justice or justices is and are hereby authorised and required to issue his or their warrant to bring every such witness and witesses, within his or their jurisdiction, before him or them; and on the and if the Wit appearance of any such witness before any such justice or justices, any ness refuses to such justice or justices is and are hereby authorised and empowered to give Evidence, examine upon oath every such witness; and if any such witness, on his he may be com-. or her appearance or being brought before any such justice or justices, mitted to hard hall refuse to be examined on oath concerning the premises without Labour. offering any just cause for such refusal, it shall be lawful for any such justice or justices by warrant under his or their hand and seal or hands and seals to commit every person so refusing to the publick prison of the county riding division city or place in which the person or persons so refusing to be examined on oath shall be brought before any such justice or justices, there to remain for any time not exceeding three months, as any such justice or justices shall direct; and if, on such examination, any Material Witsuch justice or justices shall deem the evidence of any such witness or wit- ness may be nesses to be material, any such justice or justices may bind over any such bound over to witness, unless a feme covert or one under the age of twenty-one years, give Evidence by recognisance in a reasonable penalty to appear and give evidence at before a Court. the next general or quarter sessions of the peace, or sessions of Oyer and Terminer, as in such recognisance shall be mentioned. XVII. And be it further enacted by the authority aforesaid, That no Offenders not persons charged on oath with being guilty of any of the offences punish- to be admitted able by this Act, and which shall require bail, shall be admitted to bail to Bail, till due before twenty-four hours notice at least shall be proved by oath to have Notice has been been given in writing to the prosecutor, of the names and places of abode given to the of the persons proposed to be bail for any such offender or offenders, unless Prosecutor, &c. the bail offered shall be well known to the justice or justices, and he and they shall approve of them; and every such offender and offenders, who Offender to be shall be bound over to the general quarter sessions of the peace, or gaol tried at the next delivery of the county city or town wherein the offence charged on him Session, unless shall have been committed, to answer any such offences punishable by the Court put this Act, shall be tried at such general quarter sessions of the peace or sessions of Oyer and Terminer and gaol delivery which shall be held next after his her or their being apprehended, unless the court should think fit to put off the trial on just cause made out to them. (1) off the Trial. XVIII. Provided always, and be it enacted by the authority aforesaid, Inhabitants That in all actions suits trials and other proceedings in pursuance of this where the OfAct, or in relation to any matter or thing herein contained, any inhabitant fence is comof the parish town or place, in which any offence or offences shall be mitted deemed committed contrary to the true intent and meaning of this Act, shall be competent Witadmitted to give evidence, and shall be deemed a competent witness, not- nesses. withstanding his her or their being an inhabitant or inhabitants of the parish town or place wherein any such offence or offences shall have been committed. XIX. And be it further enacted by the authority aforesaid, That the Conviction to be justice or justices before whom any person shall be convicted in manner drawn up in the prescribed by this Act, shall cause such respective conviction to be drawn following up in the form or to the effect following; that is to say, To wit. BE it Remembered, That on this in the reign, A. B. is convicted before or for the city, liberty or town of 'shall happen to be) for or (as the case and the said do adjudge him or her to pay and forfeit for the same the sum of the day and year aforesaid. (1) This clause relates to the offence first mentioned in the title. Form; No. VIL 30 Geo. II. c. 24. And the said justice or justices, before whom such conviction shall be had, shall cause the same so drawn up in the form aforesaid to be fairly written upon parchment, and transmitted to the next general quarter session of the peace to be held for the county riding division city town liberty or place wherein such conviction was had, to be filed and kept amongst the and to be writ- records of the said general or quarter sessions; and in case any person or persons so convicted shall appeal from the judgment of the said justice or justices to the said general or quarter sessions, the justices in such general or quarter sessions are hereby required, upon receiving the said conviction drawn up in the form aforesaid, to proceed to the hearing and determination of the matter of the said appeal according to the directions of this Act; any law or usage to the contrary notwithstanding. Quarter Sessions to determine Appeals. ten on Parch ment, and transmitted to the Quarter Sessions to be filed. Justices at the Conviction not Appeal may be made to the Quarter Sessions; and Execution respited, the Party entering into Recognisance to prosecute the Appeal. Justices to de termine the Appeal, and award Costs. On Affirmation of the Judgment, Appellant to pay the Fine and Costs. None to be punished a second time for the same Offence. XX. And be it further enacted by the authority aforesaid, That no certiorari shall be granted to remove any indictment conviction or other proceedings had thereon in pursuance of this Act. XXI. Provided always, and it is hereby further enacted by the authority aforesaid, That if any person convicted of any offences punishable by this Act shall think him or herself aggrieved by the judgment of the justice or justices before whom he or she shall have been convicted, such persons shall have liberty to appeal to the justices at the next general or quarter sessions of the peace which shall be held for the county riding division city liberty town or place where such judgment shall have been given; and that the execution of the said judgment shall in such case be suspended, the person so convicted entering into a recognisance at the time of such conviction, with two sufficient sureties, in double the sum which such person shall have been adjudged to pay or forfeit, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and deterinination of the justices in their said next general or quarter sessions; which recognisance the said justice or justices before whom such conviction shall be had is hereby empowered and required to take; and the justices in the said general or quarter sessions are hereby authorised and required to hear and finally determine the matter of the said appeal, and to award such costs as to them shall appear just and reasonable to be paid by either party; and if upon the hearing of the said appeal the judgment of the justice or justices before whom the appellant shall have been convicted shall be affirmed, such appellant shall immediately pay the sun which he or she shall have been adjudged to forfeit, together with such costs as the justices in the said general or quarter sessions shall award to be paid for defraying the expences sustained by the defendant or defendants in such appeal; or in default of making such payments shall suffer the respective pains and penalties by this Act inflicted upon persons respectively who shall neglect to pay or shall not pay the respective sums or forfeitures by this Act to be paid by or imposed upon persons respectively who shall be convicted by virtue of this Act. XXII. And be it further enacted by the authority aforesaid, That no person who by virtue of this Act shall be punished for any offence or offences by him her or them committed, shall be punished for the same offence or offences under any other law or statute. {General Issue.] [Double Costs.] XXIII. [Clause in Act 24 G. II. c. 24. extended to Justices acting under this Act.]-[Notice to be given to Peace Officer before commencing suit against him.] [Tender of Amends may be made by him, and pleaded in bar of the Action.] If none or insufficient Tender has been made, Plaintiff, upon a Verdict, to recover. [ No. VIII. ] 32 Geo. III. c. 59.-An Act to amend so much of two Acts made in the Twenty-sixth and Twentyninth Years of the Reign of his late Majesty King George the Second, as relates to the licensing of AlehouseKeepers and Victuallers; and for better regulating 6 Alehouses, and the Manner of granting such Licences No. VIII. in future; and also of granting Licences to Persons 32 Geo. III. selling Wines to be drank in their Houses. WHEREAS by an Act passed in the twenty-sixth year of the reign c. 59. c. 59. of his late Majesty King George the Second, intituled An Act for 32 Geo. III. regulating the Munner of licensing Alehouses in that Part of Great 'Britain called England, and for the more easy convicting Persons selling Preamble. Ale and other Liquors without Licence, it was amongst other things Provisions of enacted, That if any licensed person should die or remove from an 26 Geo.2.c.31. alehouse, it should be lawful for the person succeeding to such house and to keep on the said alehouse during the residue of the term of such licence, on condition that within thirty days after such death or re'moval such person shall obtain such certificate as in the said Act is ' mentioned, to be signed by some neighbouring justice in order to its being produced at the general meeting in September; and if such cer⚫tificate should not be obtained and signed within the said thirty days, then immediately from and after the expiration thereof such licence should be null and void: and whereas by a certain other Act passed in the twenty-ninth year of the reign of his late Majesty, intituled An Act for granting to his Majesty a Duty upon Licences for retailing Beer 29 G. 2. c. 12. Ale and other exciseable Liquors; and for establishing a Method for recited. granting such Licences in Scotland, and for allowing such Licences to be granted at a Petty Session in England, in a certain Case therein mentioned, it was (amongst other things) enacted, That if any person so licensed to sell ale beer or other exciseable liquor should die or remove from the alehouse or other place wherein such ale beer or other liquor should by virtue of such licence be sold, it should and might be lawful for the executors administrators and assigns of such person dying or removing who should be possessed of such house or place, or the occupier thereof, to sell ale beer or other liquors therein during the residue of the term for which such licence should have been granted to the person so dying or removing, without any certificate from any justice of the peace or any new licence to be had or obtained in that behalf, any thing in the said Act made in the twenty-sixth year of the reign of his late Majesty or any other law to the contrary thereof in anywise ' notwithstanding. And it was by the said Act further enacted, That in case any alehouse or victualling-house in that part of Great Britain 'called England should become empty or unoccupied after the general day appointed for licensing (the occupier whereof was duly licensed the year preceding,) it should be lawful for any two or more of his majesty's justices of the peace at a petty session to grant a licence to any new tenant or occupier to open such house as an alehouse or victuallinghouse and to sell ale there till the next general licensing day, so as the said licence be stamped as therein directed, such new tenant or occupier obtaining such certificate as is directed and prescribed in and by an Act of Parliament made in the twenty-sixth year of his Majesty's reign, intituled An Act for regulating the manner of licensing Alehouses in that Part of Great Britain called England, and for the more easy convicting • Persons selling Ale and other Liquors without Licence: And whereas it is expedient that some other provision should be made respecting the <continuance of the licences of alehouses or victualling-houses in cases of persons so dying or removing thereout as aforesaid, and that some further regulation should be made respecting the granting of licences for the sale of ale beer and other liquors by retail, and for the better government of alehouses or victualling-houses in that part of Great Britain called England, the dominion of Wales, and the town of Berwick upon Tweed:' Be it therefore enacted by the King's most ex- Recited Provicellent Majesty, by and with the advice and consent of the Lords Spiritual sions repealed and Temporal and Commons in this present Parliament assembled, and by so far as they the authority of the same, That the above recited provisions in the said relate to EngActs of the twenty-sixth and twenty-ninth years of his late Majesty's land, Wales, and reign, so far as the same relate to such parts of Great Britain, shall be and Berwick upon VOL. VII. C Tweed. No. VIII. 32 Geo. III. c. 59. From July 31, 1792, if Alehouse-keepers die or remove, of &c. before the Expiration their Licences, new ones may be granted to Executors or new Tenants, till the next licensing day, on certain Conditions. the same are hereby repealed; and that from and after the thirty-fir day of July one thousand seven hundred and ninety-two, if any perso duly licensed to keep an alehouse inn victualling-house or to sell al beer or other exciseable liquors by retail in any house within that pa of Great Britain called England, the dominion of Wales, or the town Berwick upon Tweed, shall happen to die before the expiration of suc licence, or if any person so licensed or the executors administrators assigns of any person dying so licensed, shall remove from or yield t the possession of such house in which such ale beer or other liquors sha by virtue of such licence be sold, and shall assign such licence, or case any such house shall become empty or unoccupied, the late o cupier whereof was duly licensed at the last general licensing day i September previous to the time such house became empty or uno cupied (1), then and in every such case (except as herein is otherwi provided) it shall and may be lawful for two or more of his Majesty justices of the peace for the county riding division or place at a pet session to be holden within and for the same division in which such hou: shall be situate, to grant a licence to the executors administrators assigns of the person so dying who shall be possessed of such house, ‹ to any new tenant or occupier upon such removal, or the house becomin empty or unoccupied as aforesaid, to open or continue open such hous as an alehouse or victualling-house, and to sell ale beer and other liquo aforesaid there till the next general licensing day, so as the said licence t stamped (2) as by the aforesaid statutes in that behalf is directed; or f the said justices in their discretion to allow to such executors or admin strators or other persons aforesaid, possessed of any such licence, to con tinue open such house for the purpose aforesaid under and by virtue o such licence until the expiration thereof, every such executor administrato or assign and every such tenant or occupier respectively in every suc case obtaining within thirty days after such death or removal, or after hi or her entering upon the possession of such house and producing to the said justices such certificate and entering personally into such recognisance with such sureties as is directed by the said in part recited Act of the twenty-sixth year of his said late Majesty, in respect to persons to whom licences are to be granted by virtue of the said Act; which said certificate and recognisance, with the condition thereof fairly written or printed and attested by the justices granting or allowing such licence, shall forthwith or at the next general or quarter sessions of the peace at farthest after Peace to be re- granting such licences be sent or returned to the clerks of the peace to be by them or other persons acting as such duly entered or filed amongst the records of the sessions of the peace. Certificates and corded. In Middlesex and Surrey, the Justices at the General Licensing Meetings to appoint special ones, &c. II. Provided always, and be it further enacted by the authority afore said, That in the respective counties of Middlesex and Surrey the justices assembled at the general licensing meetings holden for the respective divisions within the same shall have full power and authority, and they are hereby directed and required, to appoint not less than six nor more than eight special days of meeting at different equal periods as near a may be in each year next ensuing such general licensing meetings; on which days it shall and may be lawful for two or more justices acting ir (1) In the editions of Burn, published since the passing of this Act, it is observed, that where the tenant intending to remove hath not taken out a licence for that year, his successor may obtain a licence until the next licensing day by applying to the justices, and making it appear to them that he is a person proper to receive a licence, and also making it appear that the house is proper to be licensed, whereof the proof must be, its having been licensed the year next before. But there is nothing in the Act itself to warrant the construction that if the house is actually occupied at the general licensing day, but no licence is applied for, much less if a licence has been applied for and refused, any licence can be granted in the course of the year upon a change of tenant. The power is expressly confined to cases where the house was duly licensed on the licensing day previous to the time when it became empty.-An opinion to the same effect has been given by the present Solicitor-General (Sir S. Shepherd) to the magistrates of the county of Lancaster.-The observation was correct as originally applied by Burn to the Statute 29 G. 2. c. 12. hereby repealed. (2) By statute 48 Geo. 3. c. 143. Post No. 12. the stamp duties on licences are repealed, and Excise licences substituted for them. and for the said divisions to meet and to grant or continue licences in the cases and in the manner and for the time herein-before mentioned; and the justices assembled at the said general licensing meetings are hereby directed and required to cause due notice to be given of the times and places at which such special meetings shall respectively be holden. No. VIII. 32 Geo. III. c. 59. Continuance of Licences, &c. III. And be it further enacted by the authority aforesaid, That if any At which they person so licensed as aforesaid within the said counties of Middlesex and may grant to Surrey, or the executors administrators or assigns of any person dying so licensed Perlicensed, shall remove from such house or yield up the possession thereof sons removing, in manner aforesaid, or in case any such house within the respective &c. and procounties aforesaid shall be or become empty or unoccupied in manner ducing the aforesaid, then and in every such case before such licence shall be con- necessary Certinued, or a new licence granted to open or continue open any such house tificates, &c. a as an alehouse inn or victualling-house, the person or persons so succeeding as the occupier or occupiers thereof shall appear at the next special meeting to be holden for the division wherein such house shall be situated; and the justices assembled at such special meeting shall and may (upon such certificate being produced to them, and such recognisances being entered into as is herein-before mentioned) grant a licence to such new tenant or occupier, or in their discretion allow a continuance of any licence before granted in manner aforesaid, to open or continue open such house as an alehouse inn or victualling-house, and to sell ale beer and other exciseable liquors there until the next general licensing-day; any thing in the Act contained to the contrary thereof notwithstanding. IV. Provided always and be it enacted, That nothing in this Act contained shall extend or be construed to extend to empower any justices of the peace at any petty sessions to grant any new licence to any house, the occupier whereof was not duly licensed at the general licensing day next before such petty sessions as aforesaid. No new Li-1 censes to be granted at Petty Sessions to Houses not licensing at the General Licensing Day. V. Provided always and be it further enacted, That nothing herein The Times of contained shall extend or be construed to extend to alter the time or granting Litimes of granting licences for keeping of common inns or alehouses, or to cences not oblige persons not licensed the year preceding to produce certificates in hereby althe city of London. tered, nor Per sons not licensed the Year preceding, obliged to produce Certificates in London. VI. And be it further enacted by the authority aforesaid, That every Persons enterperson so entering into the possession of any licensed alehouse inn or ing into licensed victualling-house who shall sell any ale beer or other exciseable liquors, Houses, withunless authorised and empowered so to do by the justices at the petty out the Authosessions next ensuing after the expiration of such thirty days in the man- rity of the Jus. ner herein-before directed, shall from thence be liable to all the penalties tices liable to punishments and forfeitures to which persons selling ale beer or other Penalty. liquors by retail without a licence are subject by an Act passed in the fifth year of the reign of his present Majesty, intituled, An Act for altering the Stamp Duties upon Admissions into Corporations or Companies, and for further securing and improving the Stamp Duties in Great Britain; any law statute or usage to the contrary notwithstanding. VII. Provided always nevertheless, and be it further enacted, That the Persons obtain certificate herein-before directed to be obtained by the person or persons ing the necesrequiring to be licensed, shall after the obtaining thereof be an indemnity sary Certificate, to him her or them for selling any beer ale or other exciseable liquors the Petty Sestill after such petty sessions shall have been held. indemnified till sions. VIII. And be it further enacted by the authority aforesaid, That in all cases where the continuance of a licence shall be allowed, or a new Clerk of the licence shall be granted as aforesaid, by the justices at any petty sessions, Peace to rethe clerk of the peace for the county riding division or place where the cord the Contihouse is situate shall record the same, and shall be paid the sum of one shilling for recording the allowing or granting of every such licence and cences, &c. no more. nuance of Li IX. And be it further enacted by the authority aforesaid, That from From Oct. 10, 1792, no Person to sell Wine by Retail, to be drawn in his House, without having a Beer Licence, |