Page:Ruffhead - The Statutes at Large - vol 3.djvu/56

8 II. Be it therefore enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if after forty Days next ensuing after the End of this present Session of Parliament, any Inn-keeper, Victualler or Alehouse-keeper, within this Realm of England or the Dominion of Wales, do permit or suffer any Person or Persons inhabiting and dwelling in any City, Town Corporate, Market-Town, Village or Hamlet, within this Realm of England or Dominion of Wales, where any such Inn, Alehouse or Tipling-house is or shall be, to remain and continue drinking or tipling in the said Inn, Victualling-house, Tipling-house or Ale-houuse; (2) Other than such as shall be invited by any Traveller, and shall accompany him only during his necessary Abode there; (3) and other than Labouring and Handicraftsmen in Cities and Towns Corporate, and Market-Towns, upon the usual Working-days, for one Hour at Dinner-time to take their Diet in an Alehouse; (4) and other than Labourers and Workmen, 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 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 of Peace, within their several Limits, or proved by the Oath of two Witnesses to be taken before any Mayor, Bailiff or any other Head Officer, or any one or more Justice or Justices of the Peace, who by Virtue of this Act shall be authorized 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 Inn-keeper, Alehouse-keeper or Victualler, shall at any Time utter or sell less than one full Ale-quart of the best Beer or Ale for a Penny, of the Small two Quarts for one Penny, that then every such Inn-keeper, Alehouse-keeper or Victualler, shall forfeit for every such Offence, being duly 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 Church-wardens 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 Diftress 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.

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 or 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 their Duty, Warrant from anyone or more Justice or Justices of the Peace, Mayor, Bailiff, or other 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 The Constable over and above (if any be) to be delivered to the Party of whom the Diftress was taken; (3) and for want of such sufficient 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 Churchwardens, 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.

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 loft by Force of this Act in 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 that Behalf appointed by the Vice-chancellors thereof for the Time being respectively; (3) and that all Powers and Authorities either of Imprisonment or otherwise before given or appointed by this Act, shall by the Governors, Magistrates and principal