No. II. Register of licences. beer by retail, and that any licence granted to any such person shall be 1 W. 4, c. 64. void to all intents and purposes; and a list or register of every licence so granted, specifying the name and place of abode of every person licensed, and of his sureties respectively, and the name and description of the house mentioned in such licence, shall be kept at the excise office, with respect to all licences granted by the commissioners of excise or any person authorized by them, and at the office or dwelling-house of every collector and supervisor of excise in their and his respective collections and districts; and such list or register shall at all times be produced to and shall be open to the inspection and perusal of any magistrate of the county or place where such licence shall be granted and where such house shall be situate; and a copy of such list or register shall once in every calendar month be transmitted by every such collector or supervisor to the clerk of the magistrates for the district in which such licence shall be granted; and any copy of or extract from such list or register, which shall or may be at any time required by the clerk to the magistrates, shall be given to him by such collector or supervisor whenever thereto required. Licences shall be produced for the inspection of magis trates. Licence duty shall be under the management of the commissioners of excise, and carried to the consolidated fund. Party requir ing licence shall enter into a bond, with sureties, for payment of penalties. No person licensed to sell beer shall be competent to be a surety. Persons li censed to retail beer shall put III. That the duty by this act imposed on licences to sell beer by retail shall be under the management of the commissioners of excise for the time being, and shall and may be respectively raised, levied, collected, answered, paid and recovered in such and the like manner, and in or by any or either of the general or special means, ways, or methods by which any other duties of excise on licences are or may be raised, levied, collected, answered, paid, or recovered; and all the monies arising by the duties by this act imposed and made payable as aforesaid, the necessary charges of raising and accounting for the same excepted, shall from time to time be paid into the receipt of his Majesty's exchequer at Westminster, and the said money so paid into the receipt of the exchequer as aforesaid shall be carried to and made part of the consolidated fund of the united kingdom of Great Britain and Ireland. IV. Provided always, That it shall not be lawful for the commissioners of excise or any person authorized by them, nor for any collector or supervisor of excise, to grant or deliver any such licence to any person applying for the same, unless such person shall, before receiving such licence, or at the time of receiving the same, enter into a bond to the commissioners of excise with one sufficient surety in the penalty of twenty pounds or with two sufficient sureties in the penalty of ten pounds each, such surety or sureties being the person or persons named in the application of the party requiring the licence, or some other person or persons approved of by the said commissioners or by the person authorized to grant such licences; and such bond shall be executed by such person and his surety or sureties, conditioned for the payment by such person, or his surety or sureties, of any penalty or sum of money not exceeding the amount of such twenty pounds or ten pounds respectively, which shall be incurred for any offence against this act by the party to whom such licence shall be granted, or for the payment of such sum of twenty pounds or ten pounds respectively, in case any penalty incurred by such party licensed shall exceed such twenty pounds or ten pounds respectively; and it shall be lawful for the said commissioners, or the person so authorized by them, or for such collector or supervisor of excise respectively, to judge of and determine upon the sufficiency of any such surety or sureties: Provided always, That such bond shall not be subject or liable to the payment of any stamp duty whatever; any thing in any act or acts to the contrary notwithstanding. V. Provided always, That no person licensed to sell beer by retail under the provisions of this act, and that no person not being a householder assessed to and paying the poors rates within the parish in which the person licensed shall be resident, shall be deemed competent to be or shall be accepted as a surety in any such bond as aforesaid. VI. That every person who shall be licensed to sell beer, ale, and porter by retail under the provisions of this act shall cause to be painted, 1 in letters three inches at least in length, in white upon a black ground, No. II. or in black upon a white ground, publicly visible and legible, upon a 1 W. 4, c. 64. board to be placed over the door of the house or premises in which such person shall be licensed to sell beer by retail, the christian and surname up descriptive of the persons mentioned in such licence, at full length, together with boards. the words "Licensed to sell Beer by Retail;" and every such person shall preserve and keep up such name and words so painted aforesaid during all the time that such person shall continue so licensed, upon pain that every person in any respect making default herein shall forfeit and pay for every such offence the sum of ten pounds. person VII. That no person shall sell any beer by retail under the provisions No of this act at any time after the expiration of any licence granted under shall sell beer this act, nor in any house or place not specified in such licence: Pro- after expiration vided always, That it shall be lawful for any person so licensed to take of his licence. out a fresh retail licence for the selling beer by retail before the expira- Licence may tion of any former retail licence, and so from year to year; and if any be renewed person not being duly licensed to sell beer as the keeper of a common yearly. inn, alehouse, or victualling house, shall sell any beer by retail without Penalty on having an excise retail licence in force authorizing such person so to do, selling without or after the expiration of any such licence, or without renewing such licence 201. licence in manner aforesaid, or in any house or place not specified in such licence, or if any such person so licensed shall deal in or retail any wine or spirits, every such person so offending shall for every such offence forfeit and lose the sum of twenty pounds. VIII. That the said last-mentioned fine, penalty, or forfeiture of Such penalty twenty pounds shall and may be sued for, recovered, levied, mitigated, may be recoand distributed by such ways, means, and methods as any fine, penalty, vered as other or forfeiture may be sued for, recovered, levied, mitigated, or distributed excise penalties. by any law or laws of excise; and that one moiety of every such fine, penalty, or forfeiture shall be to his Majesty, his heirs and successors, and the other moiety to him or them who shall inform, discover, or sue for the same. act. IX. That all the powers and authorities, directions, rules, regulations, Powers of methods, penalties, forfeitures, clauses, matters, and things which in excise act and by an act made in the eighth year of the reign of his late Majesty 7 & 8 G. 4, king George the fourth, intituled An Act to consolidate and amend the c. 53, &c. exLaws relating to the Collection and Management of the Revenue of Excise tended to this throughout Great Britain and Ireland, or by any other law now in force relating to his Majesty's revenue of excise, are provided and established for enforcing, regulating, managing, raising, levying, collecting, paying, mitigating, recovering, adjudging, or distributing the penalties thereby imposed, and all matters and things therein relating to excise licences, (except where otherwise provided by this act, or repugnant thereto,) shall and may be exercised, practised, applied, used, and put in execution in and for the enforcing, regulating, managing, raising, levying, collecting, paying, mitigating, recovering, adjudging, or distributing the said penalty of twenty pounds, and all matters and things relating to the said licences hereby authorized and required to be granted as aforesaid, as fully and effectually to all intents and purposes as if all and every the said powers, authorities, directions, rules, regulations, methods, penalties, forfeitures, clauses, matters, and things were particularly repeated and re-enacted in this present act, any thing herein-after contained to the contrary thereof in anywise notwithstanding. X. Provided always, That persons trading in partnership, and in one Proviso for house or premises only, shall not be obliged to take out more than one partners. licence in any one year for selling any beer by retail under the provisions Licence shall of this act: Provided also, That no one licence which shall be granted by not extend to virtue of this act shall authorize or empower any person or persons to any other sell any beer, ale, or porter, under the provisions of this act, in any house or place other than the house or place mentioned in such licence for selling beer, ale, and porter by retail under the provisions of this act, and in respect whereof such licence shall be granted. house. No. II. 1 W. 4, c. 64. Houses to be Standard measures to be used. Penalty on retailers permit ting drunkenness, &c. in their houses. First offence. XI. That it shall be lawful for any one justice acting for any county or place where any riot or tumult shall happen, or for any two or more justices where any riot or tumult may be expected to take place, to order or direct that every person licensed under this act, and keeping any house, situate within their respective jurisdictions, in or near the place where such riot or tumult shall happen or be expected to take place, shall close his house at any time which such justice or justices shall order or direct; and every such person who shall keep open his house at or after any hour at which such justices shall have so ordered or directed such house to be closed shall be taken and deemed to have not maintained good order and rule therein, and to be guilty of an offence against the tenor of the licence granted to such person. XII. That every person under this act licensed to sell beer by retail shall sell or otherwise dispose of all such beer by retail (except in quantities less than a half pint) by the gallon, quart, pint, or half pint measure sized according to the standard, and shall also retail the same in a vessel sized according to such standard, and in default thereof he shall for every such offence forfeit the illegal measure, and pay a sum not exceeding forty shillings, together with the costs of the conviction, to be recovered, within thirty days next after that on which such offence was committed, before two justices; and such penalty shall be over and above all penalties to which the offender may be liable under any other act. XIII. That every seller of beer, ale, and porter by retail, having a licence under the provisions of this act, who shall permit any person or persons to be guilty of drunkenness or disorderly conduct in the house or premises mentioned in such licence, shall for every such offence forfeit the respective sums following; and every person who shall in any way transgress or neglect, or shall be a party in transgressing or neglecting, the conditions and provisions specified in such licence, or shall allow such conditions or provisions to be in any way transgressed or neglected, in the house or premises so licensed, shall be deemed guilty of disorderly conduct; and every person so licensed who shall permit any such disorderly conduct shall for the first offence forfeit any such sum, not less than forty shillings nor more than five pounds, as the justices before whom such retailer shall be convicted of such offence shall Second offence. adjudge; and for the second such offence, any sum not less than five Third offence. pounds nor more than ten pounds; and for the third such offence, any sum not less than twenty pounds nor more than fifty pounds; and it shall be lawful for the justices before whom any such conviction for such third offence shall take place to adjudge, if they shall so think fit, that such offender shall be disqualified from selling beer by retail for the space of two years next ensuing such conviction, and also (if they shall so think fit) to adjudge that no beer shall be sold by retail by any person in the house or premises mentioned in the licence of such offender; and if any person so licensed as aforesaid shall knowingly sell any beer, ale, or porter made otherwise than from malt and hops, or shall mix or cause to be mixed any drugs or other pernicious ingredients with any beer sold in his house or premises, or shall fraudulently dilute or in any way adulterate any such beer, such offender shall for the first offence forfeit any sum not less than ten pounds nor more than twenty pounds, as the justices before whom such offender shall be convicted of such offence shall Second offence. adjudge; and for the second such offence such offender shall be adjudged to be disqualified from selling beer, ale, or porter by retail for the term of two years, or to forfeit any sum of money not less than twenty pounds nor more than fifty pounds, at the discretion of the justices before whom such offender shall be adjudged guilty of such second offence; and if any offender convicted of such offence as last aforesaid shall during such term of two years sell any beer, ale, or porter by retail, either in the house and premises mentioned in the licence of such offender, or in any other place, he shall forfeit any sum not less twenty-five pounds nor more than fifty pounds, and shall be subject to a like penalty at any Penalty on mixing drugs in beer, or adulterating beer. First offence. Penalty on selling after conviction of second offence. No. II. and every house or place where he shall commit such offence; and if 4, c. 64. between 10 and XIV. That no person licensed to sell beer by retail under this act shall Retailers' have or keep his house open for the sale of beer, nor shall sell or retail houses shall not beer, nor shall suffer any beer to be drank or consumed, in or at such be open before house, at any time before the hour of four of the clock in the morning 4 in the mornnor after ten of the clock in the evening of any day in the week, nor at ing nor after any time between the hours of ten of the clock in the forenoon and one 10 in the evenof the clock in the afternoon, nor at any time between the hours of three ing; nor on and five of the clock in the afternoon, on any Sunday, Good Friday, Sundays Christmas Day, or any day appointed for a public fast or thanksgiving; 1, or 3 and 5, and if any such person shall keep his house open for selling beer, or in the day. shall sell or retail beer, at any time after the hour of ten of the clock in the evening or before the hour of four of the clock in the morning of any day, or between the hours of ten of the clock in the forenoon and one of the clock in the afternoon, or between the hours of three and five of the clock in the afternoon, on any Sunday, Good Friday, Christmas Day, or any day appointed for a public fast or thanksgiving, such person shall forfeit the sum of forty shillings for every offence; and every separate sale shall be deemed a separate offence. after offence committed. XV. That all penalties under this act, save and except the penalty Penalties reherein-before mentioned for selling beer by any person not duly licensed, coverable beshall and may be recovered upon the information of any person whom- fore two jussoever before two justices acting in petty sessions; and that every such tices in petty penalty shall be prosecuted and proceeded for within three calendar sessions within three months months next after the commission of the offence in respect of which such penalty shall be incurred; and every person licensed under this act who shall be convicted, before two justices so acting in and for the division or place in which shall be situate the house kept or theretofore kept by such person, of any offence against the tenor of the licence to him granted under this act, or of any offence for which any penalty is imposed by this act, shall, unless proof be adduced to the satisfaction of such justices that such person had been theretofore convicted before two justices within the space of twelve calendar months next preceding of some offence against the tenor of his licence or against this act, be adjudged by such justices to be guilty of a first offence against the provisions of this act, and to forfeit and pay any penalty by this act imposed for such offence, or if no specific penalty be imposed for such offence, then any sum not exceeding five pounds, together with the costs of the conviction; and if proof shall be adduced to the satisfaction of such justices that such person had been previously convicted before two justices within the space of twelve calendar months next preceding of one such offence only, such person shall be adjudged by such justices to be guilty of a second offence against the provisions of this act, and to forfeit and pay any penalty by this act imposed for such offence, or if no specific penalty be so imposed, then any sum not exceeding ten pounds, together with the costs of the conviction; and if proof shall be adduced to the satisfaction of such justices that such person had been previously convicted before two justices within the space of the eighteen calendar months next preceding of two such separate offences, and if proof shall be adduced to the satisfaction of the justices that such person so charged is guilty of the offence charged against him, such person shall be adjudged to be guilty of a third offence against the provisions of this act, and to forfeit and pay any penalty imposed by this act in respect of such offence, or if no such specific penalty shall be imposed, then to forfeit and pay the sum of fifty pounds, together with the costs of the conviction. No. II. 1 W. 4, c. 64. Appeal to the quarter sessions. Court to ad judge costs of appeal in cer tain cases. XVI. Provided always, That it shall and may be lawful for the party convicted of any such third offence to appeal to the general sessions or quarter sessions of the peace then next ensuing, unless such sessions shall be held within twelve days next after such conviction, and in that case to the then next subsequent sessions, and in such case the party so convicted shall before such justices so convicting forthwith enter into a recognizance, with two sufficient sureties, personally to appear at the said general session or quarter session, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; which recognizances such justices are hereby authorized to require and take; or, in failure of the party convicted entering into such recognizance, such conviction shall remain good and valid to all intents and purposes; and the said justices who shall take such recognizance from the party convicted are also hereby required to bind the person who shall . make such charge in a recognizance to appear at such general or quarter sessions as aforesaid, then and there to give evidence against the person so charged, and in like manner to bind any other person who shall have any knowledge of the circumstances of such offence; and it shall be lawful for the said court of general session or quarter session to adjudge such person to be guilty of any such third offence against the provisions of this act, as the case may be, and such adjudication shall be final to all intents and purposes; and it shall be lawful for such court of general session or quarter session to punish such offender by fine not exceeding the sum of one hundred pounds, together with the costs of such appeal, or to adjudge the licence granted to and held by or on behalf of such offender to be forfeited and void, or to adjudge that no beer shall be sold by retail in the house or premises mentioned in the licence of such offender for the term of two years from the date of such adjudication, or to punish such offender by such fine as aforesaid, and to adjudge such premises to be disqualified for the sale of beer as aforesaid, and such licence to be forfeited and void; and if such licence shall be adjudged to be forfeited and void, it shall thenceforth be void accordingly; and whenever in such case or in any other case the licence of such offender shall be adjudged to be void, such offender shall from and after such adjudication be deemed and taken to be incapable of selling beer, ale, or porter by retail, in any house kept by him, for the space of two years, to be computed from the time of such adjudication; and any licence granted to such person during such term shall be void to all intents and purposes. XVII. That whenever it shall happen that any appeal respecting which any recognizance shall be entered into in pursuance of this act shall be dismissed, or that the conviction appealed against shall be affirmed, or that such appeal shall be abandoned, it shall be lawful for the court to whom such appeal shall have been made or intended to be made, and such court is hereby required, to adjudge and order that the party so having appealed or having entered into such recognizance shall pay to the justices before whom such recognizance shall have been entered into, or to whomsoever they shall appoint, such sum by way of costs as shall in the opinion of such court be sufficient to indemnify such justices from all costs and charges whatsoever to which such justices may have been put in consequence of the intention or declared intention of such party to appeal; and if such party shall refuse or neglect to pay forthwith such sum, it shall be lawful for the said court to adjudge and order that the party so refusing or neglecting shall be committed to the common gaol or house of correction, there to remain until such sum be paid, or for any time not exceeding six calendar months, unless such sum be sooner paid; and in every case in which the conviction so appealed against shall be reversed it shall be lawful for such court (if it shall think fit) to adjudge and order that the treasurer of the county or place in and for which such justices whose judgment shall have been so reversed shall have acted on the occasion when they shall have given such judgment shall pay to such justices, or whomso |