Page:Ruffhead - The Statutes at Large - vol 7.djvu/390

 ULIUI Ul H.H X ULlllUO, tlllU (LllU LlCLJlt LIH^ VaiU^ Ul till lUl^Ii O p J J 1 L UU U .") J-/H-JU^J10 1 .J IWiU ^-H UV.i 1 -^ «, L C U, »_'JJ*S Moiety thereof to the King, his Heirs and Succeflbrs, and the other Moiety to fuch Perlbn or Perfons ag will fue for the f^isne, in any of his Majefly's Courts of Record at l/'^e/Iminfier, or in the Court of Exche- 370 p. 40. Anno vicefimo quarto Georgii II. A. D. 1751. and the Officer or Officers, Pc:fon or Perfons, authorized by fuch Warrant, fliall and may enter fuch Houfcs, Lodgings, Shops, Warehoufes and other Places, and break open the Doors thereof, in cafe they be not forthwith opened upon Demand, and fearch for and feize all fuch dillilled Sprituous Liquors a» they fliall there find, and detain the fame until the Matter of the faid Ofience fhall be heard and deter- mined ; and in cafe the Ofl'enJer be conviclcd of fuch Offence, the Liquors fo found (hall be forthwith Itaved and dellroyed as aforefaid^ and if fuch Perfon fnail not be convided, then the fame fhall be re- itorcd. pmiilfr, &c. XL And be it cnaded by the Authority aforefaid, That if any DiftiUcr or other Perfon (hall knowingly leiiing, ^'•- feji Qi- deliver, or caufe to be fold and delivered by his Servants or others, diredlly or indirectly, anyOuan- l.icfiujrs, to be . ,- i-n*ii i o • ■ t • r» - i i i i r 1 1 r 11 ■' i iin'awruily le- t'ty ot dutuJcd Spuituous Liquots to any 1 erlon, to the end that the larne may be unlawiully retaiicd, or ijiled, or to all- unto any unlicenfed Retailer of Spirituous Liquors, fuch Diftiller or other Perfon fhall forfeit and lofe the lifcnC.J Retail- gum of ten Pounds, and alfo treble the Value of all fuch Spirituous Liquors fo fold or delivered ; one er^j to fovtcit ' - ■ - - - — -- _ . - -. . - ., , . . . ,^ . ,, . JO 1. and treble the Value. , , J .J ^ ., ^ - T^/T- ■ r> • -1 r> Afpiicjtion of quer in Scotland., by Aflion of Debt, Bill, Plaint or Information, wherein no ElToin, Privilege, Protec- •thci-|eiiaUy. tion. Wager of.Law, or more than one Imparlance fhall be granted or allowed ; and if any Perfon guilty ^'=?" =°- of retailing diftiiled Spirituous Liquors Ihall difcover the Dilliilcr or other Perfon who fhall have know- vl'l:iivthe'^DiV '"gly fupplied him with fuch Liquors as aforefaid, and fhall profecute fuch Diftiller or other Perion for the ffilirivinfkled fame, without Fraud or wilful Delay, until he be convicted thereof, fucli Profecutor fliall not only be in- to his Share of titled to his faid Share of the Penalty, but fhall alfo be indemnified againft all Penalties and Forfeitures in- f.ie Penalty, and curred by hini before the Commencement of fuch his Profecution, for felling Spirituous Liquors without -indemmhed.^ Licence. No Debt under XII. And be it further enafted by the Authority aforefaid, That from and after the faid firft Day of 20S. tor Spin- y^j ^^^ thoufand feven hundred and fifty-one, no Perfon or Perfons whatfoever, fhall be intitled unto or tUOUS Liquors, ^ <. ^^ r r^- c^ ' r '' -i 'T T^- O C rAf coutiaftedatone'^^'rit'i'n ^'^Y Caufe, Attion or Suit for, or recover either in Law or Lquity, any bum or bums or Mo- Tune, recover- ncy, Debt or Demands whatfoever, for or on account of any Spirituous Liquors, unlefs fuch Debt fhall able, &c. have really been and bma file contr^Oied at one Time, to the Amount of twciity Shillings or upwards ; nor fhall any particular Article or Item in any Account or Demand for dillilled Spirituous Liquors be al- lowed or maintained, where the Liquors delivered at one Time, and mentioned in fuch Article or Item, fhall not amount to the full Value of twenty Shillings at the leaft, and that without Fraud or Covin ; and where no Part of the Liquors fo fold or delivered fhall have been returned or agreed to be returned directly f We'd e for ^ or indireitly ; and in cafe any Retailer of Spirituous Liquors, with or without a Licence, fhall take or re- Liquor^^ to ceive any Pawn or Pledge from any Perfon or Perfons whatfoever, by way of Security for the Payment of forfeit 40s, any Sum or Sums of Rioney owing by fuch Perfon or Perfons for fuch Spirituous Liquors or Strong Wa- ters, every fuch Perfon or Perfons offending herein fhall forfeit and lofe the Sum of forty Shillings for each and every Pawn or Pledge fo taken in or received by him or them, to be levied and recovered by Warrant -Application of under the Hand and Seal of one Jullice of the Peace where the Offence is committed ; and that one. the Penally. Moiety thereof fhall be to the Ufe of the Poor of the Parifli where fuch Offence is committed, and the Owner may re- oj-^ef Molety to the Informer or Informers ; and the Perfon or Perfons to whom any fuch Pawn or Pledge ^''^' doth or fhall belong, fhall have the fame Remedy for recovering fuch Pawn, or the Value thereof, as if it had never been pledged. NoLiccnce tobe Xill. And be it further ena£led by the Authority aforefaid, That no Licence fhall be granted for the granted lor re- retailing of Spirituous Liquors within any Gaol, Prifon, Houfe of Correction, Work-houfe, or Houfe ooVLfquor"'"" ^^ Entertainment for any Parifh Poor, and that all Licences granted or to be granted, contrary to this within Gaols, Provifion,^ fliall be void and of no EfFeft from and after the faid firft Day of July one thoufand feven hun- HoufesofCor- drcd and fifty-one ; and if any Gaoler, Keeper or Officer of any Gaol, Prifon or Houfe of CorreiSlion, /eftion or or any Governor, Maffer or Officer of any Workhoufc or Houfe for the Entertainment of any Paiifh KeTper"^"' Poo? ^^^^ fe^U ufe, lend or give away, or knowingly permit or fuffcr any Spirituous Liquors or Strong iuifering'spiri- Waters to be fold, ufed, lent or given away, in any fuch Gaols, Prifons or Houfes of Corredion, or tHOHs Liquors to brought into the fame ; other than and except fuch Spirituous Liquors or Strong Waters as fhall be pre- be ufed there, fcribed Or given by the Prefcription and Diredion of a regular Phyfician, Surgeon or Apothecary, and to ^^* be applied in purfuance of fuch Prefcription, from the Shop of fome regular Apothecary ; every fuch Gaoler, Keeper, Governor, Mafter or other Officer, fhall, for every fuch Offence, forfeit and lofe the to forfeit lool. Sum of onehundred Pounds ; one Moiety thereof to his Majeily, and the other Moiety thereof, with full Colts of Suit, to fuch Perfon or Perfons as will fue for the fair.e, in any of his Majelty's Courts of Record at Wef.minJJcr, or in the Court of Exchequer in Scotland, by AtStion of Debt, Bill, Plaint or Infor- mation ; wherein no Eflbin, Privilege, Protedtion, Wager of Law, or more than one Imparlance fhall ami forafccond be granted orallowcd ; and in cafe any fuch Gaoler or other Officer, being conviiitcd thereof as aforefaid. Offence, to for. fhall again offend in like manner, and be thereof a fecond Time lawfully conviited, fuch fecoiid Offence. fe,t his Office, fhall be deemed a Forfeiture of his Office. Inftma-ionthat ^^"^ ' ^'^^ ^^ '"^ further eiiaaed by the Authority aforefaid. That from and after the faid flrft Day of t'iqu'srs'ai'e " J^'^y °'''° thoufand feven hundred and fifty-one, it fiiall and may be lawful for his^Majefty's Juftices of kept, &c. in the Peace, or any one of them, upon Information upon Oath, That any fuch Spirituous Liquors or fuch H-oufef, Strong Waters are kept, and difpofed of in any fuch Gaol, Prifon, Houfe of Corre^ftion, "Workhoufe or may enter and Houfe of Entertainment for Parifh Poor, Great Britain, to enter and fearch, or to authorize and im- oTimpower any POwer any Conftable, Headborough or other Peace Officer of the Pari/h where any fuch Places are fituited, Cuiiftabic fo to by Waj-rant under his Hand aiid'Seal to enter and fearch any fuch Gaol, Prilbn, Houfe of Correction, itoj Work- 4