such Age, and if One of them only shall be under such Age, then such Affidavit shall state that such Party is under such Age; and such Affidavit or Affidavits shall be delivered to such Minister before the Publication of such Banns; and in case any Person shall Perjury. in any such Affidavit wilfully swear falsely in any Matter contained therein, such Person shall be deemed guilty of wilful and corrupt Perjury, and being thereof convicted by due Course of Law, shall suffer the Pains and Penalties of wilful and corrupt Perjury, and Punishment. shall forfeit and lose to the King's Majesty all Estate, Benefit, Profit and Advantage which such Person shall derive from the Marriage of such Person in consequence of the Publication of Banns of Matrimony in pursuance of such Affidavit, to be disposed of by His Majesty as he shall see fit; any Grant of Forfeitures or other Matter or Thing to the contrary notwithstanding.

cation, Banns

to be affixed on of Church, &c. principal Door

XVII. And be it further enacted, That such Banns shall not be Before ublipublished until the true Christian and Surnames of the said Persons, and the House or Houses of their respective Abodes within such Parish or Chapelry or extraparochial Place as aforesaid, as stated in such Affidavit, shall be affixed on the principal Door of the Church or Chapel and in some conspicuous Place within the said Church or Chapel, in which such Banns shall be published as aforesaid and shall remain so affixed until the Expiration of the Three Sundays on which such Banns shall be published.

XVIII. And be it further enacted, That every Minister to whom Affidavits to any such Affidavit shall be delivered, for the Purpose of obtaining be delivered the Publication of Banns of Matrimony, shall deliver such Affi- over to Churchdavit to the Churchwarden or Chapelwarden of the Church or wardens. Chapel in which such Banns shall be published, and the same shall be deposited by such Churchwarden or Chapelwarden in a Chest to be provided for that Purpose, and kept in the Church or Chapel in which such Banns shall be published.

After Solemni

zation under

Banns, Proof of Affidavit made not ne

XIX. Provided always, and be it further enacted, That after the Solemnization of any Marriage under a Publication of Banns, it shall not be necessary in support of such Marriage, to give any Proof of any such Affidavit, nor shall any Evidence be received to prove that such Affidavit was not made and delivered as required cessary. by this Act, in any Suit touching the Validity of such Marriage; nor shall such Marriage be avoided for Want of or by reason of any Defect in any such Affidavit, or on account of the true Name or Names of either Party not being used in the Publication of such Banns, or for such Name or Names not having been affixed as aforesaid; but it shall be lawful in support of such Marriage to give Evidence, that the Persons who were actually married by the False Names, Names specified in such Publication of Banns were so married, &c. not to inand such Marriage shall be deemed good and valid to all Intents and Purposes, notwithstanding false Names or a false Name, assumed by both or either of the said Parties in the Publication of such Banns, or at the time of the Solemnization of such Marriage.

validate.

XX. And be it further enacted, That whenever a Marriage shall In what case not be had within Three Months after the complete Publication of Republication Banns, no Minister shall proceed to the Solemnization of the same until the Banns shall have been republished on Three several Sundays, in the Form and Manner prescribed in this Act and in the

Ff 2

said

of Banns necessary.

Commence

said recited Act of the Twenty sixth of George the Second, or by Licence duly obtained according to the Provisions of this Act. XXI. And be it further enacted, That all and every the Clauses ment of certain and Provisions in this Act, touching the Publication of Banns of Matrimony and touching Marriages solemnized by such Banns, shall commence and have effect on and after the First Day of September One thousand eight hundred and twenty two and not before.

Parts of Act.

In what case new Licences. to be obtained

Royal Family.

Marriages among Quakers or Jews, &c.

Act to be read in Churches, &c. at certain Times.

Act to extend

only to England.

1&2G.4. c.82. " $11.

XXII. And be it also enacted, That whenever a Marriage shall not be had within Three Months after the Grant of a Licence by any Archbishop, Bishop or any Ordinary or Person having Authority to grant such Licence, no Minister shall proceed to the Solemnization of Marriage until a new Licence shall have been obtained, or by Banns duly published according to the Provisions of this Act.

XXIII. Provided always, That nothing in this Act contained shall extend to the Marriage of any of the Royal Family.

XXIV. Provided likewise, That nothing in this Act contained shall extend to any Marriages amongst the People called Quakers, or amongst the People professing the Jewish Religion, where both the Parties to any such Marriage shall be of the People called Quakers or Persons professing the Jewish Religion respectively, nor to any Marriages solemnized beyond the seas.

XXV. And be it further enacted, That this Act shall be publicly read in all Churches and Public Chapels, by the Parson, Vicar, Minister or Curate of the respective Parishes or Chapelries, on some Sunday immediately after Morning Prayer or immediately after Evening Prayer, if there shall be no Morning Service on that Day, in each of the Months of October, November and December, in the Year of our Lord One thousand eight hundred and twenty two; and at the same Times on Three several Sundays in the Year One thousand eight hundred and twenty three, that is to say, the Sundays next before the Twenty fifth Day of March, Twenty fourth Day of June and Twenty ninth Day of September.

XXVI. And be it further enacted, That this Act shall extend only to that part of the Kingdom called England.

CAP. LXXVI.

An Act to amend an Act of the last Session of Parliament,
for allowing to Distillers for Home Consumption in Scot-
land a Drawback of a Portion of the Duty on Malt used
by them.
[22d July 1822.]

WHEREAS by an Act passed in the last Session of Parlia

ment, intituled An Act for allowing the Distillers_of • Spirits for Home Consumption in Scotland a Drawback of a Portion of the Duty on Malt used by them, and for the further Prevention of Smuggling of Spirits on the Borders of Scotland and England, it was among other things enacted, that from and after the First day of October One thousand eight hundred and twenty one, every Distiller in England for Exportation to Scot land, and in Scotland for Exportation to England respectively, should deposit, store and keep all the Spirits by him or her made

19

or distilled at his or her entered Distillery for Exportation as 'aforesaid, in every Year ending on the First Day of October, in a distinct Warehouse or Warehouses separate and apart from all Spirits made or distilled in any other Year ending as aforesaid, and from all other Spirits, and should in each and every • Year ending on the Fifth Day of January export to, land and pay Duty for in Scotland or England respectively, as the case may be, Nineteen Gallons at the least of Spirits of the Strength of Seven per centum above Hydrometer proof for every One hundred Gallons of Wort or Wash which should be distilled into Spirits by such Distiller or at such Distillery in the Year ending on the preceding First Day of October, except so much of such Spirits as should, in the like Proportion and computed at the Strength aforesaid, be before the said Fifth Day of January exported by such Distiller or Distillers respectively directly from his or her Stock of Spirits distilled in the Year ending on the ' preceding First Day of October, to and landed in Ireland under the regulations contained and referred to in and by an Act made in the Fifty fourth Year of the Reign of His late Majesty, for 54 G.3. c.149.

' regulating until the End of the next Session of Parliament the

Trade in Spirits between Great Britain and Ireland reciprocally,

and also except so much of such Spirits as should, after being shipped for Exportation as aforesaid, be lost by Shipwreck, and if any such Distiller respectively as aforesaid, should not deposit, store and keep all the Spirits by him or her made or distilled, or made or distilled at his or her entered Distillery for Exportation as aforesaid, in every Year ending on the First Day ' of October, in a distinct Warehouse or Warehouses, separate and apart from all Spirits made or distilled in any other Year ending as last aforesaid, and from all other Spirits, every such • Distiller should forfeit and lose the Sum of Twenty Shillings for every Gallon of Spirits not deposited, stored and kept by him 'or her as aforesaid, or of Five hundred Pounds, at the Election of the Person who should sue or prosecute for the same; and if ' any such Distiller respectively as aforesaid should in any Year ending on the Fifth Day of January as aforesaid, fail, neglect or refuse to export to, land and pay Duty for in Scotland or England respectively, as the case might be, Nineteen Gallons at the least of Spirits of the Strength aforesaid for every One hun'dred Gallons of Wort or Wash which should be distilled into Spirits by such Distiller or at such Distillery in the Year ending on the preceding First Day of October as aforesaid (except as aforesaid), or should not, within One Month after Expiration of such Year ending on the Fifth Day of January, pay Duty in Scotland or England, as the case might be, being that Part of the United Kingdom to which such Quantity of Spirits is by the said recited Act required to be exported, landed and Duty ' paid as aforesaid, at and after the rate of Duty chargeable by Law for and in respect of such Spirits, for every Gallon of such Spirits below or short of such Proportion as aforesaid, which any such Distiller should fail to land and pay Duty for as 'aforesaid, every such Distiller should for every such Default, Neglect or Refusal as aforesaid, forfeit and lose the Sum of Twenty Shillings for every Gallon of such Spirits not exported, Ff 3 • landed

In recited Act

as to Spirits dis

tilled for Ex

portation being kept separate, 30th September should have been inserted instead of 1st of October.

After Nov. 10, 1824, 1&2 G.4. e.82. § 1.

Repealed.

Act may be altered, &c. this Session.

Persons to whom Licence

granted, to enter into Recognizances in Form prescribed by Schedule (A.)

landed and paid Duty for (except as aforesaid) in such Period as aforesaid And Whereas the First Day of October, which is ' inserted in the above Provision, ought to have been the Thirtieth Day of September:' Be it therefore enacted and declared by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That so much of the said Act as is above recited shall receive such and the same effect as if the Thirtieth Day of September had been inserted therein in place of the First Day of October, as often as the same occurs therein.

II. And Whereas it is expedient that so much of the said Act passed in the last Session of Parliament as allows a Drawback of a Portion of the Duty on Malt used by Distillers in the Dis'tillation of Spirits should be repealed; Be it enacted, That from and after the Tenth Day of November One thousand eight hundred and twenty four, so much of the said Act as allows a Drawback of One Shilling to every Distiller of Spirits for Home Consumption in Scotland for every Bushel of Malt used by such Distiller in the Distillation of such Spirits, for and in respect of which Malt the Duty payable by law shall have been paid, shall be and the same is thenceforth hereby declared to be and thereafter the same shall be repealed.

III. And be it enacted, That this Act may be amended, altered or repealed by any Act or Acts to be made in this present Session of Parliament.

CAP. LXXVII.

An Act for amending the Laws for regulating the Manner of
licensing Alehouses in that Part of the United Kingdom
called England, and for the more effectually preventing Dis-
orders therein.
[26th July 1822.]
HEREAS the several Statutes now in force for regulating

to sell Ale, Beer and other Liquors by Retail therein, in that Part of the United Kingdom called England, are found to be de'fective and insufficient, and it is expedient that the Laws concerning such Alehouses, Inns and Victualling Houses, and the licensing thereof, should be amended, and some further Provisions made as to the Mode of granting such Licences:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, every Person to whom the Justices of the Peace or Magistrates shall grant a Licence or Authority to keep a common Inn, Alehouse or Victualling House, or to sell Ale, Beer, Cyder, Perry or other exciseable Liquors by Retail, within that Part of the United Kingdom called England, shall upon such Licence or Authority being granted or issued, enter into a Recognizance to the King's Majesty, His Heirs and Successors, in the Sum of Thirty Pounds, with One sufficient Surety in the Sum of Twenty Pounds, or Two sufficient Sureties in the Sun of Ten Pounds each, which Recog

Persons applying for Licences prevented by from attending Sickness, &c. Justices, Justices may grant same on taking

nizance, with the Condition thereof, shall be in the Form prescribed by the Schedule to this Act marked (A.); and in case the Person applying for such Licence shall be hindered through Sickness or Infirmity, or any other reasonable Cause, to attend in Person at the Meeting of the same Justices or Magistrates for grant ing the said Licences or Authorities, that then it shall be lawful for them to grant such Licence or Authority upon Two sufficient Sureties entering into such Recognizance, each Surety in the Penalty of Thirty Pounds, for Performance of the Condition of the Security. said Recognizance, and which said Recognizance shall be acknowledged in the Presence of the Majority, and signed by at least Two of the Justices or Magistrates present at any such Meetings for granting Licences or Authorities, and the same, with the Condition thereof, fairly written or printed, shall forthwith, or at the next General or Quarter Session of the Peace at farthest, after granting such Licence or Authority, be sent or returned to the Clerk of the Peace, or Person acting as such, for every County, Riding, City, Liberty, Town Corporate or Place in that Part of the United Kingdom called England, wherein such Licences or Authorities shall be granted, to be by the said Clerk of the Peace, or such other Person acting as such, duly entered or filed amongst the Records of the Sessions of the Peace: and that for every such Granting LiLicence or Authority granted without taking such Recognizance, cence without Recognizance. and for every such Recognizance taken and not sent or returned as aforesaid, every Justice of the Peace or Magistrate signing such Licence or Authority shall forfeit and pay the Sum of Three Penalty. Pounds Six Shillings and Eight Pence; and every such Licence Form of Lior Authority to be granted by Justices of the Peace or Magistrates, cence. after the passing of this Act, shall be in the Form prescribed by the Schedule to this Act marked (B.): Provided always, that no Police Officer, Patrole, Constable or Headborough shall be Surety for any Innkeeper, Alehouse Keeper or Victualler under this Act. II. And for the better preventing the granting of Licences or Certificate of Authorities to unfit and improper Persons, to keep Alehouses or good Conduct, Victualling Houses, or to sell Ale, Beer or other exciseable duced by PerLiquors by Retail, and the Occurrence of disorderly Conduct in sons applying 'such Houses;' Be it further enacted, That no Licence or Au- for Licences. thority for such Purposes shall be granted to any Person not thereunto licensed or authorized the Year preceding, unless such Person shall produce, at the General Annual Meeting of the Justices or Magistrates to be held for that Purpose, a Certificate under the Hands of the Parson, Vicar or Curate, or of the major Part of the Churchwardens, Chapelwardens and Overseers of the Poor, and of Four reputable and substantial Householders and Inhabitants, or under the Hands of Eight respectable and substantial Householders and Inhabitants of the Parish or Place where the Person applying for such Licence or Authority shall have last inhabited or dwelt for a Space of Six Months; which Certificate What Certificate shall set forth the Number of the House, and the Name of the is to contain. Street, or other true Description of the House where such Person so dwelt, and also whether he or she was there a Housekeeper or an Inmate, and whether such Person, in such last mentioned Parish or Place, kept an Alehouse or Victualling House, and if so, the Sign of such House; and shall also set forth, that such Person

Officer not to

be Surety.

&c. to be pro