| Chap. 7.
E. 6.c.25. |
Ale-houses, &c.
Any two Justices of the Peace (the one bering of
the Quorum) may
commit to Prison in the common Gaol (for three days without Bail) those
that keep common Ale-houses, or that use common selling of Ale or Beer,
obstinately of their own Authority, without allowance by two such Justices,
or contrary to the commandment of two such Justices. And the said
two such Justices (before the delivery of such Offenders) shall take Recognizance
of them with two Sureties, that he or they shall keep no more
a common Ale-house, or use commonly selling of Ale or Beer, according
to the Discretion of the same Justices, and shall certifie such Recognizance,
Discharge, and Offence, at their next Quarter-Sessions: which Certificate
shall be a sufficient Conviction in Law of the said Offence, without
any
farther trial thereof to be had: and for such Offence the fine
of 20 s. shall be
assessed in open Sessions. In places where Forces are kept, any person
may
use common selling of Beer as hath been uses. 5 & 6 E.
6.25. 3 C. 3. |
31
§. 10 |
|
But for that this former Law made 5 Ed. 6.
hath not wrought such reformation
as was intended, it is farther enacted by another Statute made
3 Caroli Regis, cap. 3. That if any person shall upon
his own authority
(not being thereunto lawfully licenced) take upon him, or her, to keep
a
common Ale-house, or Tipling house, or shall commonly use selling of Ale,
Beer, Cider, or Perry, that every such person for every such offence shall
forfeit twenty shillings to the use of the Poor of the Parish where such
Offence shall be committed; the same Offence being viewed by any Justice
of Peace, Mayor, or other head-Officer of any City or Town Corporate,
within their limits, or confessed by the offender, or proved by the Oath
of two Witnesses. |
One Justice. |
| 3 Car. 3. |
Every such Justice of Peace (or other head Officer
aforesaid) within their
power to minister an Oath to such Witnesses. |
|
| 3 Car. 3. |
Also every such Justice (and other head Officer
aforesaid) within their
several limits, may make their Warrant to the Constables or Church-wardens
of the Parish where the said Offence shall be committed, to levy the
same twenty shillings by Distress of the Offenders Goods; and for default
of Satisfaction, within three days next ensuing, the said Distress to be
apprised and sold, and the overplus to be delivered to the Offender:
and
this to be only for the first Offence. Ibidem. |
|
| 3 Car. 3. |
If such Offender shall not have sufficient Goods
whereby to levy the said
twenty shillings by Distress, or shall not pay the said twenty shillings
within
six days after such Conviction, then the said Justice (and other head-Officer
aforesaid) shall commit the said Offender to the Constable where
the Offence shall be committed, or the party apprehended, to be openly
whipped. Ibidem. |
1 Offence. |
| 3 Car. 3. |
If the Constable, &c. shall neglect to execute
the said Warrant, or do
refuse, or do not execute upon the Offender the said punishment of Whipping,
the said Justice (or Officer) may commit the Constable, &c. to the
common Gaol without Bail, until the said Offender shall be by him punished
as aforesaid, or until the said Constable, &c. shall pay forty shillings
to
the use of the poor of the Parish. Ibidem. |
|
| 3 Car. 3. |
The unlicensed Ale-house-keeper, for such his second
Offence, shall be
committed to the House of Correction for one month. Ibidem. |
2 Offence. |
| 3 Car. 3. |
And for every such Offence after, he shall be committed
to the House of
Correction, there to remain until he be delivered by order from the General
Sessions. Ibidem. |
3 Offence. |
| 3 Car. 3. |
Provided that such Offender shall not be punished
twice for the same
Offence, sc. shall not be punished both by the Statute made, An.
5 E. 6. and
by the Statute of 3 Caroli Regis. |
|
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