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Warrant to apprehend Affrayers. - to wit. Whereas complaint hath been made before me, S. P. Esq. one of His Majesty's justices of the peace in and for the said county of — upon the oath of A. B. of in the said county, tlmt (hére state the substance of the complaint, as set forth in the affidavit). These are therefore, in His Majesty's name, to charge and command you forthwith to apprehend the said C. D. E. F. and G. H. and bring them before me, or some other of His Majesty's justices of the peace for the said county of — to answer the premises, and to find sureties, as well to keep the peace towards the said A. B. as to appear at the next general quarter session of the peace, to be held at in and for the said county, to answer such indictment as shall be preferred against them by the said A.B. for the said offence. Given under my hand and scal, this ---day of --1817.
the peace towaion of the peacwer such
By Stat. 26, Geo. II. c. 31, no victualler's license shall be granted but on the 1st of September yearly, or within twenty days after, and such license shall be for one year from the 29th of September; and the day and place for granting licenses shall be appointed by two or more magistrates acting for the division, by warrant under their hands and seals, at least ten days previons to the meeting, and all licenses granted at any other time and place shall be void, 3 T. Rep. 569, but this does not extend to alter the time for granting licenses in cities or corporate towns.
And by the same Statute no license shall be granted to any person not licensed at the general
licensing day, without a certificate signed by the minister and the majority of the parish officers, or else three or four householders, stating such person to be of sober life and conversation. It has been decided that it is not material that the minister, &c. should sign the certificate, but if signed by three or four substantial householders it is sufficient. 1 Burr. Rep. 557.
No justice of the peace being a common brewer of ale or beer, innkeeper or distiller, or interested in any of the said trades, or seller or dealer in spirituous liquors, or a victualler or maltster, shall have power to grant licenses for selling ale, beer, or other liquors by retail, 26 Geo. III. c. 13, s. 12; but where it shall happen that justices in towns corporate are rendered incapable for the reasons aforesaid to grant licenses, then any justice acting for the county at large, within which such place is situate or next adjoining thereto, may at the request in writing of the chief magistrate of such place, act for the purpose of granting licenses, 39 Geo. III. C, 86, s. 3.
Recognizances to be taken by justices from victuallers, the party in £10. and two sureties in £5. each, or one in £10. but if sickness or other reasonable cause is shewn, the justices may take two sureties only in £10. each, which recognizance must be returned by the justices' clerk to the quarter session to be filed.
Victuallers doing any act to forfeit their recog
nizances, and being convicted, the license is void, and they are rendered incapable of holding another for three years. 26 Geo. II. c. 31.
The justices have a discretionary power to grant or refuse licenses, and no mandamus will lie to compel them to grant one, 2 Strange, 881, but an information will lie if they act oppressively, or with corrupt views, Rex. v. Young and Pitt, 1 Burr. 561, and an information will also lie against a justice for granting a license improperly. The King v. Filewood, E. Term, 26 Geo. III. - The justices' license only applies to the house licensed.
By Stat. 48 Geo. III. c. 143, the stamp duty on licenses is repealed, and an excise license for the sale of rum, cyder, &c. must be taken out within ten days after the justices' license; and the duration of such license is limited to the 10th of October next after the granting thereof.
No license can be granted to any house, the occupier whereof was not licensed at the general licensing day next before the petty sessions, held for empowering the executors, &c. of persons dying, or a new tenant on the last occupier removing, to carry on the trade during the continuance of the original license, 32 Geo. III. c. 59, s. 4, 5, and 48 Geo. III. c. 143 ; and such executor or assignee may sell under such former license, on producing a certificate of a justice of the peace approving thereof, and entering into the usual recognizance; and
within Middlesex and Surry, the justices at their general licensing meetings shall appoint not less than six nor more than eight special days of meeting annually, at equal periods, for the purpose of granting licenses to such new tenants, or occupiers, of which meetings due notice must be given.
Justices of the peace acting in and for the county, though not resident in the division, are competent to grant licenses to victuallers, the Court of King's Bench having determined generally that any justice of the county going to a meeting in the division, is for that purpose a justice of the division, Cald, Cas. 305.
By 35 Geo. III. c. 113, the penalty for selling ale or other exciseable liquors without license, is £20. and costs of conviction; on second conviction rendered incapable of holding a license, s. 1, and one justice, upon the oath of one witness may convict, s. 10; but justices may mitigate the penalty to £10, and penalties must be sued for and determined within six months after offence, s. 16, and if the party convicted do not at the time of conviction, if present, or within three days after notice personally served on him, or left at the place where the offence was committed, pay the penalty and costs, to be ascertained by the justice, then a warrant of dis. tress may issue. Exception, by 38 Geo. III. c. 54, no person is liable to the penalty for selling beer or ale in casks of not less than five gallons, or in
bottles not less than two dozen, and not drank in his house, s. 13.
Distress may be sold within four days, and the officer is to be allowed 5s. a day, and his assistant 28. a day if necessary. Half the penalty to the informer, and the other half to the poor of the parish; and if no sufficient distress, the justice may commit for not more than six nor less than three calendar months.
Penalty on witnesses not attending summons, £10. (to the poor) to be recovered by distress, or committed for six months.
Personal service of summons to answer informations for selling liquors by retail without license not necessary; leaving it at the place where the offence was committed, and affixing a copy on the door, is sufficient.
Appeals are allowed to the next quarter session, unless held within six days after conviction, and if so, then to the subsequent quarter session, whose determination is final.
The act 35 Geo. III. c. 113, does not prohibit the selling of ale or beer in Fairs.
Alehouse keepers are liable to a penalty of 10s. for suffering tippling, 1 James F. e. 9, s. 1, 2, and are disabled for three years to keep any alehouse; to be recovered by distress, or committed till paid, s. 3.
Every person convicted of drunkenness within six months from the time of com
committing the of fence, shall forfeit 5s. to be paid within one week