Page:The country justice. containing the practice, duty and power of the justices of the peace, as well in as out of their sessions.djvu/635

Chap. 197. Juſtices, if they think proper, inſtead of levying the Penalty, may commit the Offender to the Houſe of Correction to hard Labour for two Months; and the Perſons ſo commuted, before they are diſcharged, ſhall be ſtripped naked from the Middle upwards, and be whipp'd till their Bodies are bloody.

No Licenſe ſhall be granted for retaling ſpirituous Liquors, except to ſuch Perſons only who keep Taverns, Victualling-Houſes, Inns, Coffee-Houſes, or Ale-Houſes; and all other Licenſes ſhall be void; and if any Perſon having a lawful Licenſe, ſhall afterwards, during the Continuance of ſuch Licenſe, exerciſe the Trade of a Diſtiller, Grocer, or Chandler, or keep a Brandy Shop, for Sale of ſpirituous Liquors, the Licenſe in every ſuch Caſe ſhall be void, and the Retalers ſhall forfeit 10l. for every Offence.

All Perſons who by themſelves, or Servants, ſhall retale ſpirituous Liquors, mixt or unmixt with any Ingredients, to be drank or conſumed in any Quantity whatſoever, in any Places to them belong- ing; or ſhall retale or ſend the ſame abroad in leſs Quantity than two Gallons, without firſt taking out a Licenſe, and renewing the ſame, as in the Act 16 Geo. 2. is particularly directed, ſhall be deemed a Retaler of ſpirituous Liquors within the Meaning of the laid Act, and ſhall forfeit 10l. for every Offence.

No Licenſe for retaling ſpirituous Liquors, ſhall impower any Perſon to ſell the ſame in any Places, except in the Houſes or Places thereto belonging, wherein they ſhall inhabit at the time of granting ſuch Licenſe.

By 17 Geo. 2. cap. 29. for the making more effectual Proviſion for enlightening the Streets of the City of London, it is enacted, That if any Perſon ſhall wilfully break, throw down, or extinguiſh any Lamp fet up to light the Streets, or damage the Pods, Irons, or other Furniture thereof, Offender being convicted by the Oath of one or more credible Witneſs or Witneſes, before any one Juſtice of the Peace for the City of London, ſhall for the firſt Offence, forfeit the Sum of 40s. and for the ſecond, the Sum of 50s. and for the third Offence, the Sum of Three Pounds.

By the 17 Geo. 2. cap. 30. for the more effectual preventing of the affixing counterfeit Stamps to foreign or other Linens, it is enacted, That if any Perfon ſhall affix, or cauſe or procure to be af- fixed, any Stamp in Imitation of thoſe put upon the Linen Manufactures of Scotland or Ireland, on any foreign Linens imported into this Kingdom, ſuch Offender ſhall forfeit the Sum of 5l. for each Piece of Linen ſo ſtamped. And if any Perſon ſhall expoſe to Sale, or pack up for Sale, any foreign Linens, knowing them to be ſo ſtamped as aforeſaid, as the Manufacture of Scotland or Ireland, ſuch Offender ſhall forfeit the ſaid Linens, and the Sum of 5l. for each Piece thereof ſo ſold, expoſed to Sale, or packed up as aforeſaid. And if any Perſon ſhall affix any counterfeit Stamp or Stamps, upon any Linens of the Manufactures of Great Britain or Ireland, in order to vend the ſame as Linens duly ſtamped, ſuch Offender ſhall forfeit the Sum of 5l. for every Piece of Linen ſo ſtamped. And if any Perſon ſhall ſell, expoſe to, or pack up for Sale, any ſuch Linens, know- ing the ſame to be ſtamped as aforeſaid, ſuch Offender ſhall forfeit the Linens, and 5l. for each Piece ſo fold, &c.

Any Juſtice of the Peace, for the Place where any Offence ſhall be committed againſt this Act, may convict the Party offending, upon the Oath of one Witneſs, and upon Conviction, the Juſtice may grant his Warrant under his Hand and Seal, to levy the Penalty by Diſtrefs and Sale of the Offender's Goods and Chattels &c. And in caſe Goods and Chattels of the Offender ſufficient to pay ſuch Penalty cannot be found, ſuch Juſtice ſhall, upon Proof thereof made upon Oath before him, by the Perſon who ſhall have the Execution of the Warrant for levying ſuch Diſtreſs, commit the Offender to the Gaol of the County, &c. without Bail for ſix Months, unleſs the Penalty be ſooner paid, which Penalty ſhall be applied to the Uſe of the Informer, deduxting two Shillings in the Pound for the Conſtable or Officer executing the Warrant.

By the 17 Geo. 2. cap. 35. it is enacted, That the Juſtices of the Peace, in the ſeveral Counties in the kingdom of England, Dominion of Wales, and of the Town of Berwick upon Tweed, or any three or more of them, whereof one to be of the Quorum, are hereby impowered to ſet the Rates and Prices of all ſuch Coals called Sea Coals, as ſhall be brought by Sea into any other Rivers, Creeks, Havens, or Ports, and Ibid by Retale, after landed, in any other Cities, &c. within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, to which the Act of the 17 Car. 2. recited doth not extend, as they from time to time ſhall judge reaſonable, al- lowing a competent Profit to the Retaler, beyond the Price paid by him to the Importer, and the ordinary Charges thereupon accruing; and if any Ingroſſer or Retaler of ſuch Coals, ſhall refuſe to ſell as aforeſaid, then the Juſtices of the Peace reſpectively, are hereby authorized to appoint and impower ſuch Officers, or other Perſons, as they ſhall think fit, to enter into any Wharf, or other Place, where ſuch Coals are ſtored up; and in caſe of Refuſal, taking a Conſtable, to force Entrance, and to ſell the ſaid Coals at ſuch Rates, as the Juſtices reſpectively ſhall judge reaſonable, rendering to ſuch Ingroſſer or Retaler the Money for which the Coals ſhall be ſo ſold, neceſſary Charges being deducted; and if any Action ſhall be commenced againſt the Juſtice of Peace, Conſtable, or any Officer, or Perſon, for any thing to be done in Purſuance of this Aft, the Defendant may plead the General Iſſue, and give the ſpecial Matter in Evidence; and if the Verdict be found for him, or the Plaintiff become Nonſuited, ſuch Defendant ſhall recover his Damages, and Treble Coſts of Suit, for his unjuſt Vexation in that Behalf.

Provided, that no Perſon, having Intereſt in any Wharf, uſed for the receiving and uttering of Coals, or that trades by himſelf or others, in his own or any other Name, in the Sale of Coals, or the ingroſſing, in order to ſell the ſame, and not for his own private Uſe only, ſhall Act, or other- wiſe intermeddle, in the ſetting the Price of Coals. Rh