Page:Ruffhead - The Statutes at Large - vol 3.djvu/144

 96 C. 7> 8. Anno vicefimo primo Jacobi I. A. D. 1623. CAP. VII. An A(5t for the better Reprefiing. of Drunkennefs, and reftralning the inordinate Haunting of Inns, Alehoufes and other Vidtualling-houfes. The statutes of ' TT THERE AS one Statute, intituled. An Alt to njlra'in the inordinate Haunting of'TipiinginlnnSy ijac. I. c. 9. c yy Alehoufes and other Fi^ualling-houjfes, m^de m the firft Year of his Highnefs happy Reign of mad^e" perpetual. ' England, and another Statute, intituled. An A£f to reprefs the odious and loathfome Sin of Drunkennefs^ One Witnefs ' ' made in the fourth Year of his Highnefs R«ign of England, were made to continue to the End of the ftiali be fufficient ' fij-ft Seflion of the next Parliament, and by Experience have been found good and neceflary Laws j' Be Man*of TipUng it therefore enaded, That the faid Statutes, with the Alterations and Additions hereafter exprefled, fliall and Drunken- be put in due Execution and continue for ever: (2) And whereas by the faid Statutes, Proof of two "^6 .Erf 6 Witnefles is required, Be it enafied, That Proof of one Witnefs from henceforth (hall be allowed and ^he Oath of' *^' taken for fufficient in that Behalf: (3) And that the voluntary Confeffion (before any fuch Perfons as him that con- by the faid Acl are authorized to minifter the Oath) of any Perfon offending either of the faid Statutes, fnceAaU^^'a '^^^^ fuffice to convince the Rerfon fo offending ; (4.) after fuch ConfefTion, the Oath of the Party fo fufficient Proof confefTing fliall and may be taken, and be a fufficient Proof againfl any other offending at the fame agairft anyother, Xnrie, He that ftays . H. And be it further enafted. That if any other Perfon or Perfons, wherefoever his or their Habita- tipUng in an fion or Abiding be, fhall at any Time hereafter be found upon View, or his own Confeffion, or Proof Inn, &c. mall pf one Witnefs, to be Tipling in any Inn, Alehoufe or Vidtualling-houfe, fuch Perfon or Perfons fhall tyTnflidiedby be from henceforth adjudged and conflrued to be within the faid Statutes, as if he or they had in- 4 Jac. T. c. 5. habited and dwelt in the City, Town Corporate, Market-Town, Village or Hamlet where the faid Inn, ifi«.w.i'.c.r.78, jji^g pgjj^lj.y.^ gj^j ^jjg j-^jj^g ^^ be in fuch Sort levied and difpofed, as in the faid Adt is expreffed concern- ing fuch as there inhabit: (2) And the voluntary Confeffion of fuch Perfon or Perfons fo offending, be- fore fuch as by the faid Statutes are authorized to minifter the Oath, fhall fuffice to convince them- felves; (3) and after fuch Confeffion, the Oath of fuch Perfon or Perfons fo confeffing, fhall and may be taken by fuch as by the faid AifV have Authority to minifter an Oath, and fhall be a fufficient Proof againft any other offending at that Time. He that i8a>n- III. And be it further enacted. That any Juftice of Peace in any County, and any Juftice of Peace viftedof Drun- q^ other Head Officer in any Citjr or Town Corporate, within their Limits refpedtively, fhall from fo^rfeit 55.^ henceforth have Power and Authority, upon his own View, Confeffion of the Party, or Proof of one Witnefs upon Oath before him, which he by Virtue of this A(5t fhall have Power to adminifter, to con- vince any Perfon of the Offence of Drunkennefs, whereby fuch Perfon fo convi6t fhall incur the For- For the fecond feiture of five Shillings for every_ fuch Offence, and the. fame to be levied, or the Offender otherwife offenceheihali punlfhed, as in the faid Statute is appointed: And for the fecond Offence he fhall become bound to the ^' 'j'n"? '"• *^ gooA Behaviour, as if he had been convidted in open Seffions ; any Thing in the faid former Statute good ueiiaviour. ^^^^ j^ ^^^ ^^^^^^j^ Y^^^. ^^ j^j^ Majefty's- Reign to the contrary notwithftanding. An Alehoufe- IV. And be it further enadted. That if any Perfon being an Alehoufe-keeper, or that fhall at any beeper oSfinding Time hereafter be an Alehoufe-keeper, fhall at any Time hereafter be lawfully convidt for any Offence from keeping an againft any the Branches of either of the faid two former Statutes, according to the Alterations Alehoufe three and Additions therein contained, or againft the true Meaning of this prgfent Statute ; That every Per- Years alter. fon fo convidl fhall for the Space of three Years next enfuing the faid Convidtion be utterly difabled, to keep any fuch Alehoufe. 4 Jac. I. c. 5. ' V. And whereas in the faid Statute made in the fourth Year of his faid Majefty's Reign, intituled, conftabies, icc. jj^ j^ ff, reprefs the odious a?id loathfome Sin of Drunkennefs, Conftables, Churchwardens, Headboroughs, ^n their ofchs) ' Tithing-men, Aleconners and Sidemen are appointed in the Oaths incident to their Offices, to be like- to prefent the ' wife charged to prefent the Offences contrary to the faid Statute ;* ( 2 ) Be it enadted. That the faid Oath Offences com- fliaU always hereafter be alfo enlarged, and extend to prefent all Offences done contrary to the Statute fjac i^.^c "9 made in the firft Seffion of Parliament held in the firft Year of his Highnefs Reign, intituled. An Act to Farther'provided reflvaiuthe inordinateHaunting and TipUng in Inns and Alehoufes, and other ViSiualling-houfes, with the Al- fir, iy »6 Geo. x. teratiorts and Additions in this Adt contained, made in the faid fourth Year of his faid Majefty's Reign, zQGti.T.c.iz, according to the Alterations and Additions of the fame in this Adt expreffed. i Car. i. c. 4. ' CAP. VIII. An Aft to prevent and puniih the Abufes in procuring Procefs and Superfedeas of the Peace and .good Behaviour, out: of his Majefty's Courts at ^^»»z^^r, and to prevent the Abufes in. . procuring "Vyrits of Certiorari oMt pf the faid Courts, for the removing of Indiftments found before Ji^ftices of the Peace in .their General SefTions. ' TTT'HEREAS divers turbulent and contentious Perfons, fome out of Malice and others in Hope ' VV of Gain by way of Compofition, do oftentimes upon their corporal Oaths peremptorily and ' corruptly taken, or otherwife upon falfe Suggeftions and Surmifes, procure Procefs of the Peace or good ' Behaviour out of his Majefty's Courts of Chancery and King's Bench, againft divers of his Majefty's " quiet Subjedts, whofe Dwellings and Abodes are (for the moft part) in Counties far diftant and remote S from
 * "'•" ^'^*9' Alehoufe or Vidlualling-houfe is or fhall be, where he or they fhall be fo found tipling, and fhall incur the