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 distress 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 2s. 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 I. c. 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 committing the offence, shall forfeit 5s. to be paid within one week

C

after conviction to the churchwardens, or in default a warrant of distress may issue, and if the party is not able to pay, he may be committed to the stocks for six hours. Constable neglecting his duty to forfeit 10s. to the poor.

Any person convicted a second time of drunkenness, to be bound with two sureties in £10. for his good behaviour, s. 3. One justice, by 21 James I. c. 7, may, on his own view, by confession of the party, or proof by one witness, convict.

Alehouse keepers, by 30 Geo. II. c. 24, to forfeit 40s. for suffering apprentices, servants, &c. to game, and for second offence £10. to be levied by distress, one fourth of the penalty to the informer, and the remaining three-fourths to the churchwardens.

Apprentices, servants, or journeymen found gaming in any place where liquors are sold, upon complaint on oath, and if convicted on the evidence of one witness, shall forfeit not exceeding 20s. nor less than 5s. as the justice shall think fit, and for non-payment may be committed to the House of Correction for one month, to hard labour, or until the penalty is paid, s. 10.

Persons retailing ale and beer must sell the same by a full quart or pint, according to the Exchequer. standard, on forfeiture of not more than 40s. nor: less than 10s. 11 and 12 Wm. III. c. 15, to be recovered by the oath of one witness before one justice, by warrant of distress, s. 6.

By 24 Geo. II. any retailer of spirituous liquors, with or without a license, who shall take any pledge for payment of such liquors, shall forfeit 40s. for every pledge, to be levied by warrant of one justice, one moiety to the informer, and the other to the poor, s. 12.

For the remedies against innkeepers and victuallers, for offences, &c. not cognizable by magistrates, and for their remedy against their guests, &c. see 3 Bacon's Abr. 186-8 Mod. Rep. 172,1 Str. 557,-and East's Reports.

For directions respecting the quartering soldiers, &c. on victuallers, see the latest Mutiny Act, which is passed annually.

Precept to the High Constable, to issue Warrants to the Petty
Constables to summon Alehouse-keepers to be Licensed.
To A. B. gentleman, High Constable of the Hundred of
in the said county.

to wit. In pursuance of the several acts of parliament in that case made, these are to require you, on sight hereof, to issue out your warrants to all petty constables belonging to the several parishes, precincts, and places within your hundred, according to the form hereon indorsed [or hereto annexed]. Given under our hands and seals, the

day of

18 7.

W. S.

J. C.

Form of the High Constable's Warrant.

To the Constable of the parish of

to wit. By virtue of a warrant from His Majesty's justices of the peace, acting in and for the division of -in the said county, directed to me, you are hereby required to

on

give notice to all licensed alehouse keepers and inn keepers, within your division, and also to all persons unlicensed (so far as the same shall come to your knowledge), who intend to offer themselves to be licensed at the next general meeting of the said justices for that purpose, that they personally be and appear before the said justices, at the day of September next ensuing, at the hour of eleven in the forenoon of the same day, to take or renew their licenses for the year ensuing; and also to give them notice that every person then and there to be licensed, must personally enter into a recognizance in the sum of 10. together with two sureties in £5. each, or one surety in £10. that they will not use or suffer any unlawful games, and that they will keep good rule and order within their respective houses and other places; and if any should be hindered by sickness or other reasonable cause, to be allowed by the said justices, that he must procure two sureties then and there to be bound in like manner in £10. each.

And unto such persons as have not been licensed for the year preceding, you are further to give notice, that no license will be granted to any one, unless he shall also, at the same time and place, produce a certificate, under the hands of the minister and the major part of the churchwardens and overseers, or else of three or four respectable and substantial housekeepers of the place where he inhabiteth, setting forth that he is of good fame, and of sober life and conversation.

And you are to make a return to the said justices, at the same time and place, in writing, under your hand, containing the names of all such persons as you shall have summoned to appear before them as aforesaid, together with their dwelling places, and the signs by which their houses are known. Herein fail not. Given under my hand, at in the said county, 1817.

this

-day of

A. B. High Constable.

Certificate of the Minister, &c. to enable the Justices to grant a Transfer of a Victualler's License.

To the worshipful the Justices of the Peace, acting in and for the division of in the county of

We, the undersigned minister, churchwardens, overseers of the poor, and inhabitants of the parish of

-in