Page:Ruffhead - The Statutes at Large - vol 7.djvu/541

 I A. D. 17531 Anna vlcefirao fexto Geqrqii II. C 3!; 521 thereupon the faid Juflices {hall order the Recognizr.nco entered into by fuch OfFeiidor to be eftreatcd intoragnl^mce is to his Mijefty's Court of Excheqio'r, to be Icvj^d-to his Mujeily s Ufe; anj, th'it the faid Perfon, the Condition*"^ tftreaial, of whofe Recognizance fhall be fo adjudged to he brokeji and furfei:ed, AtjII, from and after fuch Adjudi- ciUion, be utterly difab'cd to fell any Ale, Beej-, Cyder, P^rry, Spirituous Liquors or Strong Waters, for'""* <5*rabled che Space of three Years; and any Licence or Licences p-i-antcd or tb,be iiranted to-fuchPetfon during fuch '/""'/'"l,'^""''' Term, ihail be void, and of none Efreft. '•,'.."■; :;';:;,' r .r,':, '■;',, ".:, ': ' ' vV " ^ ^''"• VIIL' Provi led. That the faid Juflices may at the Requeft of the 'Profccutor-of Patty fo^cofaplained oJTj'J'-" '"^y.^''- or informed againft, or either of his or her Sureties, if they /hall fee juft, adjourn the Hearing and Trial ofj""'" ^^ I^^' the faid Complaint or Information lo the then next General or Qiiarter-Seffions of th.e Peace, where tj^,. ^o ""^ Scmons. fame fhall be finally determined. ' IX. And whereas many Perfons prefume to fell A.Ie, Beer, Cyder, Perry or other Liquors, without ' fuch Licence as is required by Lav. for felling the fame; and it is difficult, by 'reafon of many Evafion's ' that are made ufe of, and by fome Defe(f!:s in former Laws,, to convict fuch Offenders;' Be it therefore enaded, That where any JulHce of the Peace fliall fufpe£t that any Alehoufe-keeper, Viflualler or Re-'^^'l'sre a juftlce tailer, fells Ale, Beer, Cyder or Perry, without fuch Licence, it fliall and may be lawful for fuch Juflice'^'l^"(f'-'^ ■="! to call fuch fufpefted Perfon before him, and alfo any E.xcife Officer or Ganger, to produce before fuchf^"!'. ^ij."^^,^ Juftice his Stock Book, or ofher Account which fuch Officer keeps, of the Charge or Survey^of fuch fuf|)eded without Licence, t'crfon, in refp>=ft of any of the Liquors aforefaid; arid likewife to examine fuch Excife Officer or Ganger he m.ny fummoii, upon Oath, touching the manner in which fuch OiSccr furveys or charges fuch fufpeiSled Perfon, in refpefij?'^. »" >« of any of the Liquors aforefaid, or how or in what manner fuch furpe"ied Perfon actually pays the Duties"^,^ ^'^^''. "■'"' '"'" for any of the faid Liquors; and if it fhall appear by fuch Stock Book or other Account, or by the Exami-j^(i'j.3;3m'„j,f^,(jj' nation of the faid Officer or Ganger, that fuch Perfon fo fufpecfted of felling any of the Liquors aforefaid. Officer upon is furveyed as a Victualler or Retailer, and is charged with the fame Duties th^.t Victuallers and Retailers O-^tli. are ufually charged with, and pay for any of the Liquors aforefaid^ and is not iiUitled to the Allowance or Abatement given to common Brewers, then and in fuch cafe fuch fufpedted Perfon fhall be deemed an Ale- houfe-Leep:r, Vidlualler, Retailer or Seller of any of the Liquors aforefaid; to all Intents and Purpofes, as if the fame had been proved by two WitnefTes. ^,. And be it further enaiSed, That if any Perfon fliall make Information before any one Juftice of the>'^''^e upon In, Peace, and fhew probable Caul^ that he fufpeits that any Perfon fells Ale, Beer or other Liquors without J^°™p^'°" ^^'^ a Licence from two Juftices, it {hall and may be lawful to and i'or fuch Juftice to call fuch fufpected Perfon ,"Jfo„"y°^Jj'c_ before him, and alfo to fummon;:n other Perfon or Perfons as Evidence, to prove che Charge againft fuchpeaed of fdi^ng fufpedted Perfon; and if fuch Perfon fo fummoned ftiall reftife to appe.j, or when appearing fliall refufe to Ale, &r. witii- be examined upon Oath, and give Evidence as aforefaid, fuch Perfcn or Perfons fliall forfeit the Sum of ten""^.^'"""- '^ Pounds, to be levied by Diftrefs and Sale of the Goods arid Chattels of fuch OtTender or Offenders, by War-pj;:^™"^^^^^ rant under the Hand and Seal of fuch Juftice, rendering to him or them the Overplus, after Charges of thejence. faid Diftrefs and Sale dedufted, to be paid to the Overfeers for the Ufe of the Poor of the Parifli or Place Perfons fum, where fuch Perfon or Perfons fooftending fhall live. ' rr'oned not ap^earin^, fo-teitiol. XL And be it further enafted, That if any Perfon fliall be difabled by Convidioh to fell Ale, Beer, iv,ror,s difaHed Cyder or Perry, fuch Perfon fhall by the fame Convia on be alfo difabled to fell any Spirituous Liquors c"/,,'^^;;"'^™''^.'," Strong Waters, any Licence before obtained for that Purpofe notwithftanding; and every Licence granted_j^j,i^j ^'i'|.^' ^5.^^ ' to the Perfon fo convided, to fell Ale, Beer, Cyder, Perry, Spirituous Lquors, Strong Waters, or any of renins spirituous them, from the Time of fuch Convi£tion fhall be null and void; and every Perfoii felling Ale, Beer, Cyder, Liq^oors.'&c Perry, Spirituous Liquors, Strong Waters, or any of them, during the T'erm of inch Difability, fhall be fubjecl to all or fuch of the Penalties, as are refpeitively inflicted by Law for felling Ale, Beer, Cyder, Perry, Spirituous Liquors, Strong V/aters, or any of them, by Retail without a Licence; and in allPro- fccuiions of fu.h Oflcnders, a Certificate from the Clerk of the Peace (or Perfon ading as fuch) of any fuch Conviftion, fhall be legal Evidence; which Certificate fuch C.erk of the Peace or Perfon fhall grant on Demand without Eee or Reward. XII. And be it further enaded. That every Perfon fo convidted of the Offence of felling Ale, Beer, or Penalty of Mlin? other Liquors, without a Licence from two Juftices of the Peace, fliall for every fuch firft Offence, forfeit A'e,&c. without the Sum of fortv Shillin-s; and for every fuch fecond Off"ence fhall forfeit the Sum of four Pounds; and^j;'";;^fj'^''f^ for every fuch third Offence ftiall forfeit the Sum of fix Pounds; all v/dch faid refpedive Forfeitures ftsall^^ be le«-d hy and may be levied by Diftrefs and Sale of the Goods and Chattels of every fuch Offender (rendering to himDi,j,^fs g'^j ^jj^. the Overplus, after Charges of the faid Diftrefs and Sale deducted) by Warrant under the Hand and Sealone Moieiy to of the Juftice conviding fuch Off"ender; and ftiall be paid one Moiety thereof to the Informer, and thethe Infcrnier, other iVloiety thereof to the Overfeers of the Poor, for the Ufe of the Poor of the Parifti or Place where J^^^^ ^^^"tt--^'- '" fuch Offence was committed; and if no fufficient Diftrefs ftiall be found, whereon to levy the laid refpec-p^^^^,^^^'j,fp;_ five Forftirures, then the faid Juftice of the Peace fliall and may commit every fuch Offender lb refpedively fcefs, the Per- convided as aforefaid, to the Common Gaol, or other Prifon, or Hotife of Corredion, within his Jurif-fon to becom- diction, wiihout Bail or Mainprize, for the Space of one Month, for the firft Offence; and for the fecond^^ff^- Offence, for the Space of two Months; and for the third Offence, until fuch Offender ftiall be clifcharged^^^';';;^-^|;^';_ by Order of the Court of General Quarter-Seffions. ■ - Xill. / d be it further enaded, That every Convidion of any Offender for felling Ale, Beer, or other Conviftion to be Liquors without fuch Licence, or after being difabled to fell, as aforeftiid, fliall be certified by the Juftice cemfied to the , of the Peace making the fime, to the next General or Qi.arter-Seffion of the Pence, to be hied or en t red;!,";^^^V:'-^=^ amongft the Re.ords of the faid Seffion; and that fuch Convidion ftiall and may be drawn up and certified ^j^^^ ■' ■ •. ill the following Form of W"ords, as the Cafe fhall happen, or in any other Form of 'Words to the fame Eff^-d, tHutatis tnuiandh, that is to fay, ' Middle- i A. B. is convided on his or her owa^Confeffiqn (or, on the Oath of ■ . '^l^lZo! '^'^'^ ', fax. S of having fold Ale, Beer, or other Liquors, in the Pariih t>f Vol. VIL ■ Xxx in