| Chap. 7. |
Ale houses, &c.
Every Constable, Churchwarden, Headborough, Tithing-man,
Ale-conner
and Sideman shall in their several Oaths incident to their several Offices
be
charged to present the Offences contrary to that Statute 4 Jac.
5 and so
likewise to present Offences against 1 Jac. 9. and 4 Jac.
5. 21 Jac. 7. |
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No person shall be impeached or molested for
any Offence against that Statute,
unless he shall be thereof presented, indicted, or convicted within Three
months after the Offence, and shall be but once punished for each Offence.
4 Jac. 5. |
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Now, for to know a Drunken man the better, the Scripture
describeth
them to stagger and reel to and fro, Job 12.25. Esa. 24.20.
And so
where the same legs which carry a man into the house cannot bring him
out again, it is a sufficient sign of Drunkenness. |
|
1 Jac. 9.
p. 6. |
Every Justice of Peace (within his limits) hath
Authority to minister
the said Oath to such witnesses. 21 Jac. cap. 7. |
|
4 Ja. P. 5.
21 Jac. 7.
1 Jac. 9. |
All and every the Forfeitures aforesaid shall be
to the use of the Poor
of the Parish where such Offence shall be committed; and the said Forfeitures
are to be levied by Distress and Detainer of the Offenders goods,
(and after six days by Sale thereof, &c.) by the Constables or Church
wardens
of the same Parish, upon a Warrant from any one or more Justices of
Peace, under his or their Hand and Seal. |
§. 6.
The Forfeitures. |
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The said Forfeitures of the Taverners, Ale-house-keepers,
Inn-keepers
and Victuallers, being distrained for as aforesaid, if within six days
next
ensuing they shall not pay the said Forfeiture; then may the Constables
or
Church-wardens, by virtue of the said Warrant, presently apprise and sell
the said Distress; but they must deliver the surplusage to the party of
whom
the Distress was taken. 1 Jac. 9. P. 7. |
|
| 1 Ja. 9. P. 7. |
For every Offence aforesaid, the Ale house-keeper,
Inn-keeper, and
other Victualler, for want of sufficient Distress to be taken for such
Forfeitures,
shall (by any one Justice of Peace) be committed to the common
Gaol, there to remain until the said Penalty be paid. |
|
4 Jac. 5.
1 Jac. 9.
21 Jac. 7. |
Every Townsman, or other person whatsoever, &c.
that shall continue
drinking, or be found tipling in any Inn, Ale-house, or other Victualling-house,
contrary to the Statute of Jac. 9. (for want of sufficient
Distress, and not being able
to pay the said Forfeiture of Three shillings four pence) shall be set
in
the Stocks for every such Offence four hours, (upon Warrant or commandment
from any one such Justice of Peace.) |
|
| 1 Jac. 9. |
If the Constable and Church wardens shall neglect
to levy, or shall not
levy the said several Forfeitures, of Ale-house-keepers, &c. suffering
tipling
in their houses, or for their Measure of Ale or Beer; or in default of
Distress shall neglect by Twenty days to certifie the same defaults of
Distress
to the Justice of Peace; then every such Constable and Church-warden
shall forfeit for every such default 40 s. to the use of the Poor,
to
be levied by Distress (of the Offenders goods,) by like Warrant to any
other indifferent person, from any one (or more) Justices of Peace, &c.
under their Hand and Seal: the said Distress to be taken and detained
for
the said Forfeiture for the space of Six days; within which time if payment
be not made, then the same Goods to be presently apprised and sold,
and the Surplusage to be delivered to the party, &c. And for
want of
sufficient Distress, such Constables and Church-wardens to be (by any
such Justice of Peace, &c.) committed to the common Gaol, there to
remain
until they have paid the same Forfeiture. And. |
§. 7.
Default or
neglect of
Officers. |
D 3
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