cases of char ters, &c. By f4. In all cases where the license granted by any justices 48 G. 3. c. 143. of the peace or magistrates, or other competent persons, to any Time of taking person to keep a common inn, alehouse, or victualling-house, out licenses in shall, in pursuance of any charter, custom, or usage, be issued at any time of the year, except in the month of September, and expire at any time of the year except in the month of September, then the excise license required by this act to be taken out for the sale of beer, &c. shall be taken out within ten days next after the date of the said magistrate's license, and shall continue in force for twelve calendar months next ensuing the date of the commencement thereof. By § 5. No person shall sell any beer or ale by retail, or any To be renewed cider or perry, to be drank or consumed in his or her house or within ten days premises, after the expiration of his or her excise license, unless after expiration. such person shall take out a fresh license for the said purposes in the manner herein-before directed, within ten days after the expiration of such former license, and in like manner renew such license from year to year; or if any person shall sell any beer, ale, &c. without first taking out an excise license, or without so renewing the same, he shall for every such offence forfeit 50%. fit of licences. By § 6. Upon the death of any person so licensed, or upon Executors and the removal of any person so licensed from the entered house assignees may or premises in which such his or her excise license shall have the beneauthorise him or her to sell beer, ale, &c. as aforesaid, it shall be lawful for the commissioners of excise in England, for the time being, or any one or more of them, and for the several collectors and supervisors of excise in England respectively, within their respective collections and districts, upon the production of a certificate of a justice of the peace, or magistrate, or other competent person, given after the death or removal of the former occupier of the house or premises, approving of the person or persons to whom such certificate shall be given (a), to authorize and empower such person or persons in like manner to sell beer and ale by retail, or cider and perry to be drank and consumed in his, her, or their house or premises, in the same house or premises where such person so licensed by virtue of such excise license carried on such trade, during the residue of the term for which such license was originally granted, without taking out a new excise license during the residue of the said term." child, assignee, And by stat. 53 Geo. 3. c. 103. Upon the death or removal of Excise licenses any licensed person or persons, the commissioners, collectors, renewable by and supervisors of excise, may empower the executors, adminis- collectors of extrators, or the wife or child of such deceased person, or the cise to wife, assignee or assigns of such person or persons removing, who shall &c. be possessed of the house or premises, in like manner to trade, deal in, vend or sell the several sorts of commodities mentioned in such license, in the same house or premises where such person or persons carried on such trade, during the residue of the term (a) The person obtaining this certificate ought at the same time to enter into a recognizance pursuant to stat. 26 Geo. 2. c. 31. for which purpose form (G.) is inserted. The assignment may be indorsed upon the back of the excise license in form (H.) Ꭰ Ꮞ 48 G. 3. c. 145. $6. No excise license to be granted unless the magistrates have previously granted their license. Not to repeal any regulation as to license granted, by magistrates. Justices' clerks fees as hereto for which such license was originally granted, without taking out a new license. Provided that persons trading in partnership, and in one house or premises only, shall not be obliged to take out more than one excise license to sell beer and ale by retail, &c. in any one year; and that no one license which shall be granted by virtue of this act shall authorise any person to sell as aforesaid in any other house or premises than the house or premises in which he, she, or they shall sell or have sold beer or ale, &c. at the time of granting such license. By 7. Neither the commissioners of excise in England, nor any persons who shall be appointed by them to grant licenses to persons for selling beer or ale by retail, or cider or perry, to be drank or consumed in the house or premises of the person or persons applying for such license, nor any of the collectors or supervisors of excise, shall grant any license to sell beer or ale, &c. or any license to sell spirituous liquors or strong waters, or wine or liquors by retail to any person or persons who shall not produce a license or authority granted to him, her, or them, in due form of law, by justices of the peace or magistrates, or other competent persons, to such person or persons to keep a common inn, alehouse, or victualling-house, and every such license or authority shall be in the form following. Vide post (D). By § 8. it is enacted, "that nothing in this act shall extend or be construed to extend to repeal or alter, or in any manner to affect any law or laws, or any provision in any charter or charters, or any privilege of any city or town corporate, or of any university, now in force, or lawfully used or exercised, in relation to the granting of licenses by any justices, magistrates, or other persons authorized by law to grant licenses for persons keeping common inns, alehouses, or victualling-houses or in relation to the taking of any recognizance upon granting of any such licenses, or requiring or doing any other act, matter, or thing relating to any such licenses: save and except as to the payment of duties and form of license as aforesaid, or to repeal or alter any act or acts of parliament as to the sale of table-beer, at a price not exceeding 14d. per quart." By § 10. Nothing in this act shall extend to alter any fees to take the same heretofore lawfully taken by any clerks of any justices or magistrates, but it shall be lawful to continue to take such fees and no other, for licenses to keep any common inn, alehouse, or victualling-house as have heretofore been taken by such clerks in that behalf. fore. No person, disabled from keeping such houses by conviction, shall sell exciseable liquors. By § 11. it is enacted, "that every person having any license to keep a common inn, alehouse, or victualling-house, who shall be disabled by any conviction from keeping a common inn, alehouse, or victualling-house, shall also by such conviction be disabled from selling any beer or ale by retail, or cider or perry, to be drank or consumed in his, her, or their house or premises, under any excise license obtained for such purposes; and every such excise license shall from the time of such conviction be null and void to ali intents and purposes; and in all cases of prosecution of any such persons, whose excise licenses shall have become null and void by such conviction, a certificate from the clerk of the peace, or person acting as such, of any such con viction, shall be legal evidence; which certificate such clerk of 48 G. 3. c. 143. the peace, or other person, is hereby authorized and required to grant on demand, without fee or reward." It has been decided, that to authorize a person to keep a public house, and sell ale and spirituous liquors, two licenses are necessary, first, a magistrate's license, under stat. 48 Geo. 3. c. 143; cited. and, secondly, an excise license. Neither is operative alone, both R. v. Downes, together they become so. Without the magistrate's license the 5 T. R. 560. public house cannot be opened; without the excise license, even when opened, no exciseable liquors can be legally sold. The penalty for not having the former is under the 35 Geo. 3. c. 113.; the latter under 48 Geo. 3. c. 143. § 5. Rex v. Dr. Drake and another. H. 57 Geo. 3. MS. By 12. All fines, penalties, and forfeitures imposed by this Recovery of aet, shall be sued for, recovered, levied, or mitigated by such fines, &c. ways, means, or methods, as any fine, &c. may be sued for by any law of excise, or by action of debt, bill, plaint, or information in any of his majesty's courts of record at Westminster, and one moiety of every such fine, &c. shall be to his majesty, and the other moiety to the person who informs or sues for the same. By 13. The powers of former acts relating to his majesty's revenue of excise are extended to this. It is right that magistrates should attend particularly to the difference between the present and late modes of licensing. Previously to stat. 48 Geo. 3. c.143. the license was granted by magistrates; now it is granted by the commissioners, collectors, or supervisors of excise, upon the production of a license or certificate previously obtained from the magistrates: Upon the decease or removal of the person originally licensed, at the last licensing day, the magistrates were empowered by the prior statutes to renew the license to the executors of such person, or to the succeeding tenant or occupier, till the next licensing-day, upon receiving from the executors, &c. within 30 days, a certificate and recognizance according to 26 Geo. 2.-Now by 48 Geo. 3. c. 143. in case of a person dying or removing, the commissioners, collectors, or supervisors of excise will empower any person bringing a certificate of approbation from a magistrate or other competent person, to keep open the house as a public house till the end of the original license. The form of the magistrate's license or certificate is given by the statute of 48 Geo. 3. c. 143.; and the form of the magistrate's certificate of approbation for a renewal is added to the former precedents [see Form E.] The old form of license is necessarily done away but as there is a general reference in the 48 Geo. 3. c. 143. to the provisions of former excise acts; and as the former statutes relative to licensing are not repealed, but the stamp-duty only, and as the 48 Geo. 3. requires the magistrate's license to be granted in due form of law; the several provisions of 26 Geo. 2. and 32 Geo. 3. c. 59. and other statutes as to licensing are retained, and also the necessary forms of precedents. The license for retailing spirituous liquors is treated of at large under the title Excise, Spirituous Liquors. Wine license. See Excise, Wine. License for Made Wines. See Excise, Sweets. Observations by the editor of the last edition of this work. 35 G. 3. c. 115. Former penal- Exceptions. ale or beer in casks containing five gallons, &c. 35 G. 3. c. 113. $ 2.5. Penalties how to be recovered and applied. Application of penalty. III. Penalties on selling Ale without a License. By stat. 35 Geo. 3. c. 113. so much of 5 Geo. 3. c. 46. as relates to the penalties for selling ale without license is repealed, and other penalties are inflicted in lieu thereof, as follows: after the 20th Sept. 1795, "If any person shall sell ale or beer, or any other exciseable liquors, by retail, or shall permit or suffer any ale or beer, or any other exciseable liquors, to be sold by retail, in his, her, or their house, out-house, or yard, garden, orchard, or other place, in that part of Great Britain called England, the dominion of Wales, and town of Berwick-upon-Tweed, without being duly licensed so to do, and shall thereof be duly convicted, every such person so offending shall, for every such offence, forfeit and pay the sum of 201., and also the costs and expenses attending the conviction, to be levied and recovered as herein is directed; and on and after a second conviction for the like offence, shall also be rendered incapable of being thereafter licensed to keep an alehouse, or to sell ale or beer, or other exciseable liquors by retail." But by 38 Geo. 3. c. 54. § 13. No person shall be liable to the said penalty, for selling beer or ale in casks, containing not less than five gallons, or in bottles not less than two dozen reputed quart bottles, not to be drank in his house, out-house, yard, garden, orchard, or other place. And one justice may hear and determine the same, in a summary way, and upon information (I) exhibited, or complaint made to him, shall summon (K) the party accused, and also the witnesses on either side; and upon appearance, or contempt by not appearing, shall proceed to hear the matter, and examine the witnesses on oath, and give judgment therein; and upon proof of the offence either by confession, or oath of one witness, may convict (L) the party accused; and if he, being then present, shall not at the time, or if absent, within three days after notice (M) either personally served upon him, or left for him at the place where the offence was committed, pay the said penalty, together with the costs and expenses, to be ascertained by such justice, the same shall be levied by distress (N) of the goods and chattels of such offender wheresoever found within the jurisdiction of such justice, or in any entered place of such offender, in the like manner as directed by 27 Geo. 2. c. 20. and 33 Geo. 3. c. 55. (a) as far as the same relate to the execution of warrants of distress, as fully as if the powers in the said acts had been repeated herein; and shall be applied half to the informer and half to the poor of the parish, township, or place in which, &c. in such manner as such justice shall direct; and if a return shall be made that sufficient distress cannot be found whereon to levy the penalty and costs as aforesaid, it shall and may be lawful for any justice of any county or place within whose jurisdiction the party offending shall be found, upon producing to him such warrant and return, (and if such justice shall be of any other county or place, then upon oath made of the hand-writing of the justice (a) See 27 G. 2. c. 20. and 33 G. 5. c. 55. post, title Distress by Warrant of Justices of Peace. granting such warrant, and of the truth of such return,) to com- 35 G. 3. c. 113. mit (O) such offender to the common gaol, or other prison within his jurisdiction, for any term not exceeding six nor less than three calendar months, unless such penalty and the costs of all proceedings upon the conviction and warrant be sooner paid. 3. Provided, that on the request of the owner, such distress Distress may be may be sold within the four days allowed by the said act of sold within four 27 Geo. 2. c. 20. § 3. days, on request. 4. And there shall be allowed to the officer executing such Allowance to warrant of distress, for the safe keeping of the goods distrained, persons executsuch sum not exceeding 5s. per day, and for any assistant any sum ingwarrants,&c. not exceeding 2s. per day for each, as the convicting justice shall direct on proof on oath that sufficient cause existed for calling in the aid and assistance of such person or persons. § 6. And after reciting that many persons carry on the trade of alehouse-keepers and victuallers and retailers of beer and ale, without license, and make entry of places for keeping the same, by assumed or feigned names, and such beer and ale is frequently retailed in houses and places detached from their place of residence, whereby the law hath been evaded, it is enacted, that in case any summons shall be issued by any justice for any person to appear and answer to any information or complaint for selling by retail any beer, ale, or other exciseable liquor, without license, the directing such summons to such person by the name in which he made such entry, or is usually known, whether the same be his real or assumed or feigned name, and leaving such summons at such house or place where such offence is stated in the information to have been committed, and affixing a copy thereof on the door or other conspicuous part on the outside thereof, (such service being proved on oath of the person who shall have so served and affixed up such summons and copy,) shall be deemed a sufficient notice or summons to all intents and purposes. What shall be deemed legal notice to persons summoned. § 7. And every alehouse-keeper, victualler, or retailer of beer or Retailers to ale, who shall take or receive into, or have in his custody, possession, make entry, on or power, any beer or ale to sell by retail, shall, at least three days penalty of 501. before he shall begin so to sell or dispose thereof, make a true and particular entry in writing at the next excise-office of every house, out-house, cellar, vault, room, storehouse, or other place to be used for keeping or selling the same; which said entry shall set forth his true name, and whether he be an alehouse-keeper, victualler, or retailer; and such person shall be deemed the occupier or proprietor of every such place, so long as such entry shall remain in force, or such ale, &c. shall be in the custody, possession, or power of the person making such entry, on pain of forfeiting 50l. to be recovered, levied, mitigated, and distributed, as by the laws of excise; and every such storehouse, &c. so used without being so entered, shall be deemed a private and concealed place, within the meaning of this and every other act now in force, relating to concealed places for keeping exciseable liquors. § 8. And all beer, ale, and other exciseable liquors, and all other goods and chattels found in any house or place where any such offence shall have been committed, or in any place belonging thereto or occupied therewith, or which hath been entered as aforesaid, by whom, or by what title soever the same shall be Goods found where any offence is committed, liable to distress. |