Page:Ruffhead - The Statutes at Large - vol 7.djvu/675

 A. D. 1756. Anno vicefimo nono Georgii II. C. 12. 655 bw and liccnfe, for the Year then next enfuing, fuch and fo many Perfons as the faid Magiftrates, or two of them at the leaft, fliall think meet and convenient, to iteep AJe-houfes, Tippling-houfes, Vic- tuallmg-houles, or to fell Ale, Beer, or other excifeable Liquors by Retail, within every fuch Royal Borough, and the Royalty thereof ; and the faid Magiftrates, or two of them at the leaft, (hail deliver or caufe to be delivered to each Pcrfon fo by them admitted, allowed and licenfed, a Licence ingroffed, written or printed, upon a Piece of Vellum, Parchment or Paper, ftampt as by this Aft is diicited, with a Stamp denoting the Payment of the Duty of twenty Shillings, and figned by two of the faid Magiftrates, and by the Clerk, of fuch Royal Borough ; for each of which Licences the like Fee of one Shilling, over and_ above the faid Sum of twenty Shillings, and no more, (hall be paid as is hereby di- re6ted to be paid for Licences granted in Shires and Stewartries. Xin. Provided always, and be it further enaSed, That if in any Royal Borough, there (Iiall not be a ^^"^^^f^J fufficient Number of Magiftrates capable to grant Licences purfuant to the Qualihcations and Directions fuffidentNum- of this Act, at any of the Times when Licences for Ale-houfes, Tippling-houfes, or Vi61ualling-houfei berof Magi- in the Royal Boroughs, are hereby appointed to be granted, then and in fuch Cafe it (hall and may be i^^tes to^aa in lawful to and for the Juftices of the Peace of the faid Shire or Stewartry, in which fuch Royal Bo- rcugh°juftices rough or Boroughs fhall be fituated, to grant Licences for fuch Royal Borough or Boroughs, at the may grant Li- iame Time, and in the fame Manner, as they are hereby impowered to do for the Shire or Stewartry ; ««"<=«5i and all Licences fo granted for Royal Borouglrs by Juftices of the Peace of the Shire or Stewartry, (hall ^^ ^e in Force continue m Force imtil the next annual Day for granting Licences according to this At, and no for one Year longer. ""'/• ' XIV. And whereas Perfons may prefume to keep Ale-houfes, Tippling-houfes, or Vidlualling- ' houfes, or to fell Ale, Beer, or other excifeable Liquors, without fuch Licence as is hereby required ;' ^ Be it enadted by the Authority aforefaid. That every Perfon who after the twenty-fifth Day of Oiioher jand'^onvidSd' one thoufand feven hundred and fifty-iix, in Royal Boroughs, and after the firft Day of November one of keeping un- thoufand feven hundred and fifty-fix, in Shires and Stewartries, fhall keep an Ale-houfe, 1 ippling- licenfed Aie- houfe or V idlualling-houfe, or fliall fell Ale, Beer, or other excifeable Liquors by Retail, without be- °" ^^' ^'=' ing licenfed thereunto according to the Diredtions of this Act, and fhall be thereof conviJled within one Month after fuch Offence committed, on his on her ConfelTion, or the Oath of one credible Witnefs, Jhe^flrft'of-"" by any two Juftices of the Peace of the Shire or Stewartry, or by any two Magiftrates in any Royal fence, 5 s.' Borough where fuch Offender fhall refide or be licenfed, every fuch Offender (hall forfeit and pay for for the fecond the fird: Offence, the Sum of five Shillings, for the fecond Offence the Sum of ten Shillings, and for 1°/^;,^ j^ij.^) the third Offence the Sum of twenty Shillings, and fliall, after the faid third Offence, be incapable of 20s. ' keeping an Alehoufe, Tippling-houfe, or Vidtualling-houfe, or of felling Ale, Beer, or other excifeable and to be dif- Liquors by Retail, by virtue of any Licence granted before fuch Conviction, or of having any Licence qualified j for fuch Purpofe thereafter; and if any fuch Offender (hall continue to commit any of tlie aforefaid and for every Offences, then fuch Offender fhall, for every Offence fubfequent to his third Convidtion, forfeit and fubfequent of- pay the Sum of forty Shillings; all which refpeftive Penalties and Forfeitures fhall and may be levied "^ 'it-^ tib by Diftrefs and Sale of the Goods and Chattels of every fuch Offender (rendering to him or her the Difirefrand ^ Overplus, after the Charges of the faid Diftrefs and Sale are deduced) by Warrant figned by the Ju- Sale; ftices or Magiftrates refpedtively who do convicfl fuch Offender; which faid Penalties fhall be paid and °"^ .^'"'"^ ^° applied, one Half thereof to the Informer, and the other Half to the Poor of the Parifh where fuch the other to the Offence fhall be committed ; and fuch Conviction figned by the faid two Juftices or Magiftrates refpec- Poor of the tively, (hall be good and fufficient in Law to all Intents and Purpofes ; and the faid Juftices or Magi- Qo|^,'J?^^:on ^^ ftrates refpedtively, fliall, immediately after the faid Convi6tion is figned as aforefaid, intimate, or caufe be intitiiated to to be intimated, the faid ConvicStion to the Perfon conviifted, and fliall return or certify the fame, and the Offender, the Proceedings therein, to tlie Clerk of the Peace of the Shire or Stewartry in which (uch Juftices or t,"eue,"f^f the Magiftrates do adt, or in which the Royal Borough fhall be fituated, to be by the faid Clerk preferved peace, amongft the Records of the faid Shire or Stewartry. ^^^ recorded. XV. Provided always, and be it further enadted by the Authority aforefaid. That if any Perfon ag- pe^fonj ^ggriev. grieved by fuch Convidtion fhall be minded to appeal from fuch Convidlion, it fliall and may be lawful edmay appeal to and for fuch Perfon, within two Days after fuch Conviction (hall have been intimated to him or her, ggji^Jon^^"^'^" to appeal to the next enfuing Qiiarter-SefTions, or Adjournment thereof, which fhall be held for the Shire or Stewartry where fuch Offence fliall have been committed, or wherein fuch Royal Borough is fituated ; and the Juftices of the Peace affembled at fuch Quarter-Seffions or Adjournment, are hereby authorized and impowered to hear and determine the faid Appeals, and to give and caufe to be executed fuch Judgment or Sentence, as in their Opinion the Julfices or Magiftrates from whom the Cafe is ap- pealed, ought to have given. XVI. Provided always. That the Perfon appealing fliall with all convenient Speed, and before the Notice, and Meeting of the faid Qiiarter-Sefllons or Adjournment thereof, leave his or her Reaibns of Appeal in pe'Sfto' be kf^ Writing with the Clerk of the Peace of the faid Shire or Stewartry, and alfo attend, and with Effect with' the clerk profecute, fuch his or her Appeal at the faid Qiiarter-Seffions or Adjournment thereof; and the Clerk of the Peace.&c. of the Peace (hall, at the Quarter-Seffions or Adjournment thereof, produce all fuch Convidtions and conviflion tobe Reafons of Appeal as (hall have been returned or certified to him, or left with him fince the laft Quar- ^^-'i'^'"'' =" ter-Seffions or Adjournment thereof, and fliall, upon reafonable Notice, deliver to any Perlbn requir-^^*'^ """' ing the fame, a fair Copy of fuch Convidion or Reafons of Appeal; for each Copy whereof, the Sum and Cqry^to be or Fee of fix Pence, and no more, (hall be demanded and paid. paying'^6 d? XVII.