Page:Ruffhead - The Statutes at Large - vol 6.djvu/282

 220 The Offender, on not paying the Penalty, to befent to the Houfe of Cor- rection for z Months. 10 Geo. 2.c. 17. Retalers of Spi- rituous Liquors to be licenfed by ^ or more Juftices. Fee for fuch Licence. C. 23. Anno nono Georgii II. A. D. 1736. Any Juftice may convift a Perfon felling Beer, Ale, or Strong Waters, or keeping a diforderly Houfe, in the following Form. Perlons giving away Spirituous Liquors to Ser- vants or Ap- prentices fetch- »ng Goods from their Shops, deemed Re- talers. The faid Duties made Part of the Aggregate Fund. the Parifh where fuch Offence fhall be committed, or one of them ; and on fuch Offender or Offenders refufing or neglecting to pay the faid Sum, the Juftice or Juftices fo convicting as afore- faid ihall and may by Warrant or Warrants under his or their Hand and Seal or Hands and Seals, commit the Offender or Offenders to the Houfe of Correction for the faid County, City, or Li- berty reflectively, there to remain and be kept to hard Labour for the Space of two Months, to be reckoned from the Day of the faid Commitment ; and the Perfon or Perfons fo committed fhall not be difcharged until he, (he, or they fhall have paid the faid Sum of ten Pounds, or until the Expiration of the faid two Months ; and every Sum or Sums of Money arifing from the Conviction of any Perfon or Perfons as aforefaid, in cafe there be no Informer, fhall be wholly applied to the Ufe of the Poor of the Parifh, wherein the Offence was committed ; but if there fhall be an Informer, one Moiety of fuch Money fhall be paid to the Informer, and the other Moiety fhall be paid to the Overfeers and Churchwardens as aforefaid, or one them, and applied to the Ufe of the Poor of the Parifh as aforefaid. XIV. Provided, and it is hereby declared. That nothing in this Act fhall extend or be conftrued to en- able any Perfon or Perfons to fell any Spirituous Liquors or Strong Waters by Retale, unlefs fuch Per- fon or Perfons be firft licenfed by two are more of his Majefty' Juftices of the Peace for the County, Riding, Divifion, City or Liberty, wherein fuch Perfon or Perfons fhall fell the faid Liquors, under the Hands and Seals of the faid Juftices ; for which Licence or Licences the Sum of two Shillings and Six Pence, and no more, fhall be paid to the Clerks of fuch Juftices, and no Fee or Sum of Money, or other Reward whatfoever, to the Clerk or Clerks of the Peace for entring the fame, or on any other Account, on Pain of forfeiting five Pounds, in cafe any of the faid Juftices Clerks or any Clerk of the Peace (hall ask, receive or demand any more or other Fee or Fees on Account of fuch Licences, under any Pretence whatfoever ; and if the Licence is not found and provided by the faid Juftices Clerks, then no Fee whatfoever fhall be due or received by them. XV. And be it further enacted by the Authority aforefaid, That for the more eafy and expeditious fuppreffing the Houfes of fuch Perfons who fhall prefume to fell any Spirituous Liquor, or any Cyder, Ale, Beer, or other Liquors by Retale, without a Licence from two or more Juftices of the Peace for that Purpofe, and of diforderly Houfes wherein any Perfons fhall fell any of the faid Liquors by Retale, it fhall be fufficient for any Juftice or Juftices of the Peace, who fhall convict any Perfon or Perfons of any or either of the faid Offences, to draw up and return fuch Conviction in either of the following Form of Words, as the Cafe fhall happen, or in any other Form of Words to the fame Effect, mutatis mu- tandis, that is to fay, Middle/ex, " A. B. is convicted on his or her own Confefllon (or on the Oath of ) " of having fold Beer, Ale, or Strong Waters in the Parifh of in this " County, on the Day of without being duly licenfed " thereto by two Juftices of the Peace." Given under my (or our) Hand and Seal (or Hands and Seals) this Day of or in cafe of diforderly Houfes, inftead of the Words [of having fold Beer, Ale, or Strong Waters without being duly licenfed thereto by two Jiiftices of the Peace] to ufe the Words following [of keeping a diforderly Houfe] and if Occafion requires, to add, that the fame is the Firft, Second, or Third Conviclion ; which faid" Convictions, in the fame or like Form of Words, fhall be good and effectual in Law to all Intents and Purpofes, and fhall not be quafhed, fet afide, or adjudged void or infufficient for want of any other Form of Words whatfoever, fubject nevertheless to an Appeal to the next General Quarter-Seffions of the Peace for the County, Riding, Divifion, City, or Liberty, where fuch Offence was committed, after fuch Conviction, by any Party aggrieved thereby. XVI. And be it further enacted by the Authority aforefaid, That from and after the faid twenty- ninth Day of September one thoufand feven hundred and thirty-fix, if any Perfon or Perfons, who fhall vend, fell or utter any Wares, Goods, Provifions, or other Things by Retale, fhall give away any Spirituous Liquor or Liquors to any Servant or Apprentice coming to his, her or their Shops or Houfes to buy, fetch or carry away any fuch Wares, Goods, Provifions, or other Things, or under the Pre- tence of his or her being a Cuftomer, or under any other Pretence, every fuch Perfon or Perfons, fo giving away fuch Spirituous Liquor or Liquors, fhall be deemed and taken to be a Retaler or Retalers of Spirituous Liquors within the Meaning of this Act, and as fuch fhall be fubject and liable to the Penalties and Forfeitures impofed by this Act on every Retaler of Spirituous Liquors, offending contrary to the true Intent and Meaning of this Act. XVII. And be it further enacted by the Authority aforefaid, That the Duties and Revenues which fhall arife by Licences for vending Brandy or Spirits, as alfo the prefent Duties on Low Wines, Strong Waters, Brandy, Rum, Arrack, and all other Spirits, whether Foreign or Briti/h, and fuch Duties as fhall arife by retaling the fame, ihall from and after the faid twenty-ninth Day of September one thou- fand feven hundred and thirty-fix, be united to and made Part of the General or Aggregate Fund efta- blifhed by the Act of the firft Year of the Reign of his late Majefty King George the Firft, and be if- fued and applied to the Ufes to which the faid Fund is or fhall be made applicable. ' XVIII. And whereas the faid Duties upon Low Wines, Strong Waters, Brandy, Rum, Arrack, ' and all other Spirits, whether Foreign or Briti/h, are amongft other Duties and Revenues charged with ' mily, and the Honour and Dignity of the Crown, as for Payment of Annuities and other Payments to ' feveral Corporations, and to other Perfons intitled thereunto ; and it may fo happen, that by making 8 ' the
 * and liable to pay feveral Sums of Money, as well for the Support of his Majefty's Houfhold and Fa-