Page:Ruffhead - The Statutes at Large - vol 7.djvu/539

A. D.I 7 53* Anno vicedmo fexto Georgii II. C. 31, 519 XIX. And be it enaftcd by the Authority aforefaid. That this A&. fhall be openly and publickly read O.Ticcr found ne- in the Pref nee of the (aid Officers as often as there fhali be a Meeting of the faid Truftees, or any five orslis«nt '" his more of them ; And if any fuch Officer fliall be found to have been negligent in his Duty required by this'^^'" '" " A&, or to have omitted giving Notice as aforefaid, every fuch Officer lliali be forthv/ith removed from his™'"' Office by the faid Truftees refpeilively, or any five or more of them, and is hereby for ever after rendered incapable of holding any Office whatfoever under the faid Truft. XX. And it is hereby farther enacted. That no Perfon or Perfons who (hall keep any Victuallinff-y'f"f" '-'; houfe, Alehoufe or otiier Houfe of publick Entertainment, or who (hall fell any Wine, Cyder, Ee°r,^^l^^^'°yj^^^f^f Ale, Spirituous or other ftrong Liquors by Retail, fhall be capable of taking, holding or enjoying' any Tmft mi'jcr'we General Iffje. Place or Places of i ruil or Profit under the Truftees of any Act of Parliament made or to be made forToJis; erecting Turnpikes refpeclively, or of farming the Tolls thereby granted and made payable, during {„ch°'^ "{^'"""'"S Time as he (hall keep fuch Vicfualling-houfe, Alehoufe or other Houfe of publick Entertainment, or fliall'^'""""^* fell any V/ine, Cyder, Beer, Ale, Spirituous or other ilrong Liquors by Retail. XXL And be it enacted by the Authority aforefaid, That in cafe any Action or Profecution (hall be'^^en thi; T™- commenccd and profecuted in purfuance of this Act, under the Authority and by the Direction of the fajjl"' proftcur-, Truftees, or any five of them, in .every fuch Cafe the Truftees of fuch Turnpikes refpectively, or anyt,e%id^ofuVf* five orm.ore of them (hall, out of the Profits arifing by the Tolls of fuch Turnpike Road, allow and paythc ToUs. to the Profecutor fo much as the Cofts allowed by Law (hall fall (hort of reimburfing him his juft and rea- fonable Expences. XXIL Provided, That nothing in this AiEt fhall be conftrued to oblige the faid Truftees to commenceTraftetsnot or profecute, or caufe to be commenced or profecuted any Adtion or Proceeding for any fuch OfFences,°''S- t° ?™*- unlefs upon the Confeffion of the Offender, or that one or more Witnefs or VVitneiles can be had and P'^o-'co(."mlTo/^'e duced, to prove the Cornmiffioa of fuch Oilfence. Orfinder, or one or more W::nefli:sproduc;d. XXIII. And it is hereby further enacted by the Authority aforefaid. That if any Action or Suit (hail be commenced againft any Perfon or Perfons for any Thing done or acted in purfiance of this Act, then and in every fuch Cafe fuch Aftion or Suit fhall be commenced or profecuted within fix Calendar Months next^'™"^'^*" °' after the Fact committed, and not afterwards ; and the fame and every fuch Action or Suit fhall be b ought" in the County, Riding or Place v/here the Perfon againft whom fuch A£tion or Suit (hall be commer.ced doth ordinarily inhabit and refide, and not elfewhere ; and the Defendant or Defendants in every fuch Action or Suit fhall and may plead the General Ifl'ue, and give this Adt and the Special Matter in Evidence,*^ at any Trial to be had thereupon ; and that the fame was done in purfuance of and by the Authority of this prefent Act; and if the fame fliall appear to have been fo done, or if any fuch Aftion or Suit (hall be brought after the Time herein before limited for bringing the fame, or be brought or laid in any other County or Place than as afore-mentioned, then the Jury fhall find for the Defendant or Deferidants ; or if., , , p ^ the Plaintiff or Plaintiffs (hall be nonfuited, or difcontinue his, her or their Action, after the Defendant or^^^^^^^/?. ^3 Defendants (hall have appeared ; or if upon Demurrer Judgment fhall be given a^^ainft the Plaintiff orcc-o. 2. c. 1-j. Plaintiffs, the Defendant or Defendants fhall and may recover treble Cofts, and have the like Remedy for Recovery thereof, as any Defendant or Defendants hath or have in any other Cafes by Law. ^j /-« fanbir 30 Gc^. 2. c. 2S. 31 Gc'j.-2, £. 34. CAP. XXXL An A(fl for regulating the Manner of licenfing Alehotifes in that Part of Greal Brit-^in called England; and for the more eafy convidling Perfons felling Ale and other Liquors w'MhomFo" finmr Pn. L'v' (lonz r-'fcr to icence. . -/ej. (,: ,. ^-.. 1 Jae. I. c. 9. ^Jac. i. c. 4 £? 5. 7 Ji:. i. c. 10. 21 Jac. I. c. 7. I Car. I. c. 4. 3 Car,. c. 3, ' "TT THERE AS the Laws concerning Alehoufes, Inns and Victualling-houfec, and the licenfing ' VV thereof, are defective and ini'ufficient for correfting and fuppreffing the Abufes and Diforders fre- ' quently done and committed therein, and alfo for the Convidion and due Punifhment of Perfons taking ' upon themfelves to fell Ale, Beer or other Liquors by Retail without Licence;' Be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, _ , . and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That upon grant- J"^'<^"^j'*^"^"g ing Licences by Juftices of the Peace to any Per on to keep an Alehoufe, Inn, Victualling-houfe, or to^^ ^^^"'^^^^^ fell Ale, Beer and other Liquors by Retail, every fuch Perfon fhall enter into a Recognizance to the King'snu'ance in the Majeft-y, his Heirs' and SuccefTors, in the Sum often Pounds, with two fufficient Sureties, each in the Sum.Sun) of loi. for of five Pounds, or one fufficient Surety in the Sum often Pounds, under the ufual Condition, for Mainte-'f>_= Maintenance nance of good Order and Rule within the fame; and in cafe the Perfon applying for fuch Licence fhall °£'^°'"^-"-' ' be hindeied through Sicknefs or Infirmity, or any other reafonable Caufe, to be allowed by the faid Juf- tices of the Peace, to attend in Perfon at the Meetings of the fame Juftices for granting the faid Licences, then that it fhall and may be lawful for them to grant fuch Licence, upon two fufficient Sureties_ entering into fuch Recognizance, each in the Penalty of ten Pounds, for Performance of the Condition of the faid Recognizance; which (aid Recognizance, v/ith the Condition thereof, fairly written or printed, fhalland to fend the forthwith, or at the next General or Quarter-Seffion of the Peace at far.heft, after granting fuch Licences, R^^g-Tl^nKs be fent or returned to the Clerks of the Peace, or Perfons atSting as fuch, for every County, Riding, [^^'p^^J^"-"f City, Liberty or Town Corporate in that Part of Gr. at BriUtin ca.]ed En/land, wherein fuch LicepceSog p^^.j/^, ^,f fliall be granted, under the Hands of the Juftices of the Peace hefore whom fuch Recdgnizsnces were taken, 3 1. e s. s'd. 2 with