Page:Ruffhead - The Statutes at Large - vol 3.djvu/174

 .126 C. 3. (4.) Anno tertio Caroli L A. D. 1627. CAP. III. (IV.) An A£t for the better Supprefling of Unlicenced Alehoufe-keepers. 'Jrhe Forfeiture * ^XrHEREAS by an A<5t made in the fifth Year of the Reign of King £rfw<7r</ the Sixth, offamous of h-^^fh^t""'"' ' 'V Memory, intituled, An Ailfor Keepers of Alehoufes to be hound by Recognizance, amongft other keepran Ale- ' Things it is enacSted, That if any Perfon or Perfons, other than fuch as (hould be from thenceforth ad- houfe without ' mJtted and allowed by the Juftices mentioned in the faid A<5t, Ihould after the Day in the faid Adl li- ^'&6Ed.6 ' mited, obftinately and upon his own Authority, take upon him or them to keep a common Alehoufe or S . d. .c,i5. J Tippling-houfe, or (hould contrary to the Commandment of the faid Juftices, or two of them, ufe com- ' ^orum) fliould for every fuch Offence commit every fuch Perfon or Perfons fo offending to theCom- ^.mon Gaol within the fame Shire, City, Borough, Town Corporate, Franchife or Liberty, there to re- ' the faid Juftices fliould take Recognizance of him or them fo committed, with two Sureties, that he or ' they fhould not keep any common Alehoufe, Tipling-houfe, or ufe commonly felling of Ale or Beer, ' as by the Difcretion of the faid Juftices iTiould feem convenient: (3) And the faid Juftices ftiould ihake ' within the fame Shire, City, Borough, Town Corporate, Franchife or Liberty where the fame (hould ' be committed or done ; (4) which Certificate (hould be a fufHcient Conviftion in Law of the fame Of- ' fence : (5) And the faid Juftices of Peace, upon the faid Certificate made, fliould in open SefTions afTefs ' levied, and for that many of the faid Offenders, by Reafon of their Poverty, are neither able to pay tte ' faid Fine of twenty Shillings, nor yet to bear their own Charges of Conveying them to the Gaol ; and ' moreover do leave a great Charge of Wife and Children upon the Parifhes wherein they live : In Re- ' gard whereof, the Conftables and other Officers are much difcouraged in Prefenting them, and the Of- «e thatkeeps. 11. For Remedy whereof, be it enaded by the Authority of this prefent Parliament, That if any Per- an Alehoufe, &c. ("qj^ q^ Perfons, after forty Days next enfuing the End of this prefent Seffion of Parliament, (hall upon iihaiiforfeit^ios! hi* own Aotliority, not being thereunto lawfully licenced, take upon him, her or them, to keep a com- ' mon Alehoufe or Tippling-houfe, or u(e commonly felling of Ale, Beer, Cyder or Perry, that then every purn, V. r.«9. fuch Pcrfon or Perfons ftiall for every fuch Offence forfeit and lofe the Sum of twenty Shillings of current ^flflw.f.C.c.78. ]y[oney oi England, to the Ufe of the Poor of the Parifti where fuch Offence (hall be committed, the fame Offence being viewed and feen by any Mayor, Bailiff or Juftice of Peace, or other Head Officer, within their feveral Limits, or confeffed by the Party fo offending, or proved by the Oath of two Wit- neffes, to be taken before any Mayor, Bailiff or other Head Officer, or any one or more Juftice Or Juftices of the Peace, who by Virtue of this Adt (hall be authorized to minifter the faid Oath to any Perfon or TheConaables Perfons that can or will juftify the fame, being within the Limits of their faid Commiffion : (2) The faid deiw'lhau'tevy' Penalty to be levied by the Conftables or Churchwardens of the Parilh or Pariflies where the faid Offence Che fai<l Forfei- (hall be committed, who (hall be accountable therefore to the Ufe of the Poor of the faid Pari(h, by Way tore to the Ufe of Diftrefs to be taken and detained by Warrant or Precept from the faid Mayor, Bailiff, Jullice or Ju- of the Poor. jftices or other Head-Officer by whom the faid Offence (hall be viewed, or betore whom the fame (hall be confe(red or proved as aforefaid : (3) And for Default of Satisfadtion witliin three Days next enfuing, the faid Diftrefs to be by the faid Conftables or Churchwardens appraifed and fold, and the Overplus to The Party that j^^ delivered to the Party or Parties offending, and this to be only for the firft Offence : (4) And if fuch pay^he Forfei- "Offender or Offenders (hall not have fufficient Goods and Chattels, whereby the faid twenty Shillings turemallbe may be levied by Way of Diftrefs as aforefaid, or (hall not pay the faid Sum or twenty Shillings within fix jivhipped. Days after fuch Convi<Sion as aforefaid ; That then the faid Mayor, Bailiff, Juftice or Juftices, or other Head Officer before whom the faid Offender fliall be convidted as aforefaid, (hall commit all and every the faid Offender or Offenders to fome Conftable or Conftables, or other inferior Officer or Officers of the City, Borough, Town, Pari(h or Hamlet, where the Offence (hall be committed, or the Party ap- prehended, to be openly whipped for the faid Offence, as the faid Juftice or Juftices (hall limit or ap- point. TheOfficerneg. m. And be it enadted by the Authority aforefaid, That if any Conftable or inferior Officer (liail neg- tiie Offender" l^'^'^o^^'^"*^ the faid Prcccpt or Warrant, or do refufe, or do not execute, by himfelf or fome other fliaii be impri- to be by him appointed, upon the Offender, the Punifhment limited by this Statute, that in that Cafe it foned, or pay fliall and may be lawful for the faid Mayor, Bailiff, Juftice and Juftices of Peace or other Head Officer, ^^^'' to commit the Conftable or other inferior Officer fo refufing, or not executing the faid Punifliment by himfelf or fome other, to the common Gaol of the faid County, City or Town Corporate, there to re- main without Bail or Mainprize, until the faid Offender or Offenders (hall be by the faid Conftable or Conftables, or other inferior Officer fo refufing, or not executing the faid Puniftiment, or fome by his or their Procurement, punifhed or whipped as is above limited and declared, or until he or they fo neg- ledling or refufing (hall have paid the Sum of forty Shillings of lawful Money of England, unto the Ufe U3f the Poonof the Paiifli, for their faid Contempt. Forthefecond IV. And be it further enadled. That if the faid Offender or Offenders, being an unlicenced Ale- fe"^ th ^'" Jioufe-keeper, fliall offend in any of the Premifles the fecond Tiinej and be thereof lawfully convidted in ■ ^■^''* * Manner
 * monly felling of Ale or Beer, that then faid Juftices of Peace, or two of them (whereof one to be of the
 * main without Bail or Mainprife by the Space of three Days : (2) And before his or their Deliverance,
 * Certificate of every fuch Recognizance and Offence at the next Quarter-Seffions that ftiould be holden
 * the Fine for every fuch Offence, at twenty Shillings, as by the faid Adt may appear: (6) Which Law
 * hath not wrought fuch_Reformation as was intended, for that the faid Fine of twenty Shillings is feldoin
 * tenders become obftinate and incorrigible ;'