Page:Ruffhead - The Statutes at Large - vol 7.djvu/389

 A. D. 1 75 1. Anno vicefimo quarto Georgh If. C. 40. 360 ' Riding, Divifion, City or Liberty wherein fuch Pcrfon or Perfons fhall refide, there to remain and be ' ment ; and the Perlbn or Perfons fhall not be difcharged, until he, flie or thcj' ihall have paid the faid ' Ai5l fliall extend, or be conftrued to enable any Perfon or Perfons to fell any Spirituous Liquors or Strong two or more of his Majefly's Juflices 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 : ' And whereas by one other Aft made in the feventcenth Year of his Majeflry's Reign, it is enafted. That '7 Gmu. c. ' in cafe where a Licence ftiall have been granted for retailing Spirituous Liquors, to any Perfon who fhall, "• ' at the Time of granting fuch Licence, keep a Tavern, Victualling-houle, Inn, Coffee-houfe or Alc- ' houfe, if fuch Perfon fo licenfed, fhall afterwards, during the Time of continuing fuch Licence, exer- ' rituous Liquors, the Licence granted in every fuch Cafe fhall be void ; and fuch Perfons retailing Spiri- ' tuous Liquors afterwards fhall forfeit ten Pounds for every fudi Offence, notwithftanding fuch Licence fo ' obtained as aforefaid ; and that no Licence for retailing Spirituous Liquors fhall authorize and impower any ' Perfon, to whom the fame may be granted, to fell fuch Spirituous Liquors in any other Place, except in ' fuch Houfes or Places thereunto belonging, wherein he, fhe or they -fhall inhabit and dwell, at the Time ' be recovered v/ithin the Limits of the Head Office of Excife in London, before a Juflice or Juftices of^° f;,j°R "laiit s ' Peace ;' Be it hereby declared and enadled, That the faid ten Pounds Penalty may be recovered ; and any m^y be recovered Perfon retailing diftilled Spirituous Liquors without a Licence, within the Limits of the faid Head Office, before any may be conviiSfed before any Juflice of the Peace for the City, County or Liberty where the Offence hath Jnlice. been or fhall be committed, as well as before the Commiffioners of Excife ; and that fuch Penalty fliall not ^'"'"1'^' "j'/" in any Cafe, either by the faid Commiffioners or Juftijes of the Peace, be mitigated or reduced below thej^j^,, i"° Sum of five Pounds. VIIL And for r!ie further Reftridlion of fuch Licences, and the granting thereof, be it enafted by the N<"^e to be li- Authority afo-.eiaid, That no Licence for the felling by Retail of Spirituous Liquors fhall be granted, ""'^'^ "■^'' within the Limits of the Head Office of Excife in London, but to fuch as fhall occupy a Tenement or Te- ,2 churclTanT rements of the Yearly Value often Pounds or upwards, and for which they fliall accordingly be rated and Poor. pay in the Parifh Rates ; nor to any Perfon in any other Part of the Kingdom, where there are Rates to Church and Poor, but to fuch as fhall be afleffed and pay to the Church and Poor in the feveral Pariflies and Places in which they fhall be refpeflively licenfed ; and that no Licence fhall be of any Avail to any Perfon not fo qualified, or for any longer Time than the Perfon fo licenfed fhall be qualified as aforefaid, i)ut fliall be abfolutely void. IX. And be it ena£ted by the Authority aforefaid, That if any Perfon not authorized by Law, fliall re- Perulty on unli- tail any Spirituous Liquors, fuch Perfon fhall not only be fubjeft to the Penalties now in Being for fuch ""'^^^"^^'» Offence of retailing Spirituous Liquors without Licence, but all the difl:illed Spirituous Liquors that flia'l oftince ■ then, or at any Time or Times afterwards, within fix Calendar Months after Conviction for fuch Offence, ' be found in the Cuftody of fuch Ofi^ender, or in the Houfe, Lodgings, Shop or Warehoufe where fuch Offence fliall be committed, or any Court, Yard, Ground or Place occupied therewith, whether then in the Occupation of fuch Offender or not, or in the Occupation of any other Perfon whomfoever, fhall and may be feized by Warrant of the laid Commiffioners, or of any Juftice or Jufliccs of the Peace within their refpeiSive Jurifdiftions ; and the fame fliall, by virtue of fuch Warrant, forthwith, on finding the fame, be ffaved or otherwife deftroyed ; for which Purpofe any Peace or Parifh Officer, authorized by iuch Warrant as aforefaid, fhall have Power at any Time within the Space of fix R^onths after Convidtion as ■aforefaid, to enter fuch Places and break open Doors, if not opened on Demand ; and if any Perfon who Penalty hath been or hereafter fhall be convidfed of any fuch Offence, fliall, after fuch Convitfion, again offend in ^^'^^ bftlcce ; like manner, and fhall thereof be lawfully convided as aforefaid, then it fhall and may be lawful to and for the Commillicners or Jufi:ices refpeftlvely, b-fore whom fuch Offender fhall be convided of fuch fub- fequent Offence, as v/ell to inflict the Penalties by any former Law to be inflifted for fuch Offence, as alfo to commit fuch Offender to the Houfe of Corredtion, there to be kept to hard Labour for any Time not exceeding three Months, and alfo (if they fhall think fitj to order fuch Offlinder to be whipt ; and in cafe third Off.T.ce any Perfon who fhall have been convidlcd of fuch fubfequent Off-'ence as aforefaid, fhall offend agaui in Ijkefs'"")'; manner, fuch farther Offence fliall be deemed Felony ; and the Offender being indified, and lawfully con-aniJ the Oil^ri- viiSfed thereof, fhall fuffer as in Cafes of Felony, and may, by the Jufliccs of the Peace of the County or"^=' ^°= '=-'^-'- Piace where fuch Felony fhall be committed, at their General or Qiiarter-Seffions (who are hereby impow- ?°'^'^" ered to hear and determine fuch Felony) be ordered to be tranfported to any of his JVIajefiiy's Plantations, fbr any Time not exceeding feven Years. X. And for the better Difcovery and Punifhment of fuch Offenders as aforefaid. Be it cnadfed by the Comr-;;moners Authority aforefiid, That it fhall and tnay be lawful for the Commiffioners of Excife, and Juftices of the°/^,J:"'-_°"'^ Peace, within their refpedive Jurifdiftions, or any one or more of fuch Jufiices^ upon Oath made before ^"21,'"-^^™'',",^^. him or them, of any Ohencc committed againfl this Aft, or any other Law in Force for reftraining or?or biTcnccji. jegulating the retailing of diftilled Spirituous Liquors, to grant their Warrant to any of the Peace Officers., or other Parifli Officers of the Parifh or Place where fuch Offence fliall be fworn to have been coinmit- ted, to enter and fearch the Houfe, Lodgings, Shop, Warehoufe, Cellars and other Places where fuch Offences fhall be fworn to be committed, or. in the Occtipation of the Pexfijn iHvorn to he guilty thereof., ■yoL. VIL Bbb and
 * kept to hard Labour for the Space of two Months, to he reckoned from the Day of the faid Commit-
 * Sum of ten Pounds, or until the full Expiration of the faid two Months; and that nothing in the faij
 * Waters by Retail, unlcfs fuch Perfon or Perfons be firft licenfed to fell Ale or Spirituous Liquors, by
 * cife the Trade of a DiiHller, Grocer or Chandler, or keep a Brandy Shop or Shops for Sale of any Spi-
 * of granting fuch Licence: And whereas it may be doubted, whether the faid Penalty of ten Pounds can'^'"^ f="^>'.'^