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Ale-houses, &c.
Also if any Constable, or other inferior Officers
of the Parish, shall neglect
to execute the Justices Warrant for the due correction of, or for the levying
of the Penalties of Offenders in Drunkenness; such Constable, &c. shall
forfeit 10 s. to the use of the Poor, &c. to be levied as aforesaid.
4 Jac. 5. |
Chap. 7. |
§. 8.
Refusing to
lodge. |
If a common Inn holder of Ale-house-keeper
will not lodge a Traveller,
any Constable (or Justice of Peace) may compel him thereto; but
how the Officer shall compel him Quære: it seemeth that
all the Officer
can do, is, either to cause such Ale-house-keeper to be suppressed; or
else
to present or prefer such Offence of an Inn-keeper, or Ale-house-keeper,
at the Assizes, or Sessions of the Peace that so such Offender may be
thereupon indicted. See the Commission. |
Br. Acc.
Sut.. 92. &
76.
5 E. 4 3. |
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And at a Lent Assizes, Anno Domini 1622.
Sir James Ley (Knight and
Baronet, Lord Chief Justice of the Kings-Bench) delivered it in his
charge, that an Inn-keeper, or Ale-house-keeper, offending herein, might
be indicted, fined and imprisoned for the same; or else, that the party
grieved might have his Action sur le Case against the In keeper
or Ale-house-keeper
refusing to lodge him. Vide Cro. 50 & 4 H. 7.22. |
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But no Inn holder, Ale-house-keeper, or other Victualler,
shall be compelled
to sell, or let any Traveller or other to have any Victuals or Lodging,
except the party shall first tender and pay ready mony for the same, if
it
be required. 10 H. 7.8. 5 E. 4.3. Co. 9.87.b. |
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§. 9.
Two Justices.
Licence. |
Any two Justices of Peace (the one being of the
Quorum) may allow
the Keeping of any common-Ale-house, or Tipling-house, and shall
(from
time to time, take Bond with Surety by Recognizance of such Ale-house-keepers,
as well against the using of unlawful Games, as also for the keeping
of good rule and order in their Houses, according to the discretions of
the same Justices. |
5 Ed. 6.25
P. 2. |
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And yet note that the words of the Statute do
not warrant the Justices
of Peace to allow Ale-house-keepers at their pleasure; but the words
of
the Statute are thus, None shall be admitted to keep a common Ale-house,
&c. but such as shall be allowed in open Sessions, or by two Justices,
the one
of the Quorum, &c. And therefore if two such Justices
out of the Sessions
shall allow more than are needful, or such as are disabled, or such as
have
been suppressed; the Justices may be punished, the rather for that the
number of unnecessary Ale-houses are causes of much disorder, poor Labouring-men
and servants resorting thither, and there mis-pending both their mony
and time. |
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There shall be paid for such Recognizance but xij.d.
and the said Justices
shall certifie the same Recognizance at the next Quarter-Sessions (upon
pain of five Marks.) Ibidem. |
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Any two Justices of Peace (the one being of the
Quorum) may remove,
discharge, and put down any Ale-house where they shall think meet. |
5 E. 6.25. |
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The Justices of Peace in their Sessions by Presentment,
Information or
otherwise at their discretion may inquire of persons as be allowed to keep
Ale-houses, and that be bound by Recognizances if they have done any Acts
whereby they have forfeited their Recognizance, and upon such presentment
or
Information shall award Process to shew cause why they should not forfeit
the
same, and shall hear and determine the same in such manner as by their
discretion
shall be thought fit. |
5 & 6 E. 6.
c. 5. |
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The Ale-house-keeper put down and discharged by
any two such Justices
of Peace cannot be allowed again by any other two or more Justices of
Peace except it be in open Sessions, as Sir Peter Warburton delivered
in his
charge at Cambridg Assises, Anno Dom. 1613. |
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