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IV. No. 1.

and by one Act of Parliament, made in the first session of this PART II. present Parliament, intituled An Act to restrain the inordi- CLASS nate Haunting and Tippling in Inns, Alehouses, and other Victualling-houses, unless it be in such case or cases as be Stat. 4. tolerated or excepted in the said Act; that then every per- Jac. 1. c.5. son or persons so offending shall forfeit and lose for every such offence the sum of three shillings and four pence of current money of England, to the use of the poor of the parish where the said offence shall be committed, to be levied by way of distress, in such manner and form as is before appointed by this Act, for the levying of the penalty of five shillings for being drunk : and if it happen that any offender or offenders against the true intent of this clause or branch, being thereof lawfully convicted, be not able to pay the said forfeiture or forfeitures; then it shall and may be lawful for any Mayor, Bailiff, or other head officer, Justice or Justices of Peace, or Court, where any such conviction shall be, to punish the said offender or offenders by setting him, her, or them in the stocks for every such offence, by the space of four hours.

1 Jac. 1.

V. For the more due execution of this Statute, and for What ofthe better and more due proceeding against such offenders, ficers shall all offences of drunkenness, and of excess and unmeasurable inquire of and punish drinking, be it further enacted by the authority of this pre- the offences sent Parliament, That all the offences in this Act, and in the committed against this said former Act mentioned, shall be from time to time dili- Statute, gently inquired of and presented before the Justices of As- and the sizes in their Circuit, Justices of the Peace in their Quarter Statute of or ordinary Sessions, and before the Mayors, Bailiffs, or other head officers of every city or town corporate, who have power to inquire of trespasses, riots, routs, forces, and such like offences, and in every Court-leet, and thereupon such due proceedings shall be against the offender and offenders for their due conviction in that behalf, as in such like cases upon any indictment or presentment is used by the laws of the realm, or customs of the city, town, or place where such presentment or indictment shall be inquired of and found.

c. 9.

time con

VI. And it is further enacted by the authority aforesaid, He that is That if any person or persons, being once lawfully convicted the second of the said offence of drunkenness, shall after that be again victed of lawfully convicted of the like offence of drunkenness, That drunkenthen every person and persons so secondly convicted of the pess, shall said offence of drunkenness, shall be bounden with two sure- to his good ties to our sovereign Lord the King's Majesty, his heirs and behaviour. successors, in one recognizance or obligation of ten pounds, with condition to be from thenceforth of good behaviour.

be bound

PART II

IV.

VII. Be it further enacted by the authority aforesaid, CLASS That all Constables, Church-wardens, Headboroughs, TythNo. 1. ingmen, Aleconners, and Sidemen, shall, in their several Stat. 4 oaths incident to their several offices, be charged in like sort Jac. 1. c.5. to present the offences contrary to this Statute.

What offi

offences

aforesaid.

VIII. Provided always, That this Act, or any thing cers shall therein contained, do not in any wise abridge or restrain the present the ecclesiastical power or jurisdiction, but that all Ordinaries, and other Ecclesiastical Judges and officers, shall and may Enlarged proceed to inquire of, censure, and punish all such offenders, by 21 Jac. according to the ecclesiastical laws of this realm, in such 1. c. 7. s. 5. manner and form as before they lawfully might do; any straint of thing in this Act to the contrary notwithstanding.

No re

ecclesiasti

cal juris

dictions.

There shall

be but one

punishment for

one offence.

The liber

IX. Provided also, That when any of the offenders against the true intent of this Act, or any branch or article thereof, hath been once punished or corrected for his or her offence, by any the ways and means before limited; that then the said offender shall not be eftsoons punished or corrected for the same offence by any other ways or means.

X. Provided always, That this Act, or any thing therein ties of the contained, shall not be prejudicial to either of the two UniUniversi-versities of this land, but that the Chancellors, Masters, and ties shall Scholars, and the successors of them and either of them, not be prejudiced. may as fully use and enjoy all their jurisdictions, rights, privileges, and charters, as heretofore they have or might have done; any thing in this Act to the contrary notwithstanding.

Within

what time

XI. Provided always, That no person or persons shall be an offender punished, impeached, or molested, for any offence mentioned shall be in this Statute, unless he shall be for the same offence prepresented. sented, indicted, or convicted within six months after such The conti- offence committed: this Act to continue until the end of nuance of the first session of the next Parliament. [Made perpetual by 21 Jac. 1. c. 7. but see 21 Jac. 1. c. 28. which only continues it to the end of the first session of the next Parliament. Enforced as perpetual by 1 Car. 1. c. 4.]

this Act.

No. 2.

1Jac. 1. c.9.

Anno 21 JAC. I. Cap. 7.

An Act for the better repressing of Drunkenness, and restraining the inordinate Haunting of Inns, Alehouses, and other Victualling-houses.

WHEREAS one Statute, intituled An Act to restrain 4Jac. 1. c.5. the inordinate Haunting and Tippling in Inns, Alehouses, made per- and other Victualling-houses, made in the first year of his

petual.

CLASS

convict of

Highness happy reign of England, and another Statute, PART II. intituled An Act to repress the odious and loathsone sin of IV. Drunkenness, made in the fourth year of his Highness reign No. 2. of England, were made to continue to the end of the first Stat. 21 session of the next Parliament, and by experience have been Jac. 1. c.7. found good and necessary laws; be it therefore enacted, One witThat the said Statutes, with the alterations and additions ness sufhereafter expressed, shall be put in due execution, and con- ficient to tinue for ever: and whereas, by the said Statutes, proof of tippling two witnesses is required, be it enacted, That proof of one and drunkwitness from henceforth shall be allowed and taken for suf- enness. ficient in that behalf: and that the voluntary confession The oath (before any such persons as by the said Act are authorized confesseth to minister the oath) of any person offending either of the the offence said Statutes shall suffice to convince the person so offend- shall be a ing; after such confession, the oath of the party so con- proof afessing shall and may be taken, and be a sufficient proof gainst any against any other offending at the same time.

of him that

sufficient

other.

pling in an

1 Haw.

P. C. c. 78.

II. And be it further enacted, That if any other person He that or persons, wheresoever his or their habitation or abiding be, stays tipshall at any time hereafter be found upon view, or his own inn, &c. confession, or proof of one witness, to be tippling in any inn, shall incur alehouse, or victualling-house, such person or persons shall the penalty inflicted by be from henceforth adjudged and construed to be within the 4 Jac. 1. said Statutes, as if he or they had inhabited and dwelt in c. 5. the city, town corporate, market town, village, or hamlet, where the said inn, alehouse, or victualling-house is or shall be, where he or they shall be so found tippling, and shall incur the like penalty, and the same to be in such sort levied and disposed, as in the said Act is expressed concerning such as there inhabit: and the voluntary confession of such person or persons so offending, before such as by the said Statutes are authorized to minister the oath, shall suffice to convince themselves; and after such confession, the oath of such person or persons so confessing shall and may be taken by such as by the said Act have authority to minister an oath, and shall be a sufficient proof against any other offending at that time.

of drunk

enness

III. And be it further enacted, That any Justice of Peace He that is in any county, and any Justice of Peace or other head of convicted ficer in any city or town corporate, within their limits respectively, shall from henceforth have power and authority, shall forfeit upon his own view, confession of the party, or proof of one 5s. witness upon oath before him, which he, by virtue of this Act, shall have power to administer, to convince any person of the offence of drunkenness, whereby such person so con

IV.

PART II. vict shall incur the forfeiture of five shillings for every such CLASS offence, and the same to be levied, or the offender otherwise No. 2. punished, as in the said Statute is appointed and for the Stat. 21 second offence he shall become bound to the good behaviour, Jac. 1. c. 7. as if he had been convicted in open Sessions; any thing in the said former Statute made in the fourth year of his Macond of. jesty's reign to the contrary notwithstanding.

For the se

fence he

shall be

IV. And be it further enacted, That if any person being an alehouse-keeper, or that shall at any time hereafter be bound to the good an alehouse-keeper, shall at any time hereafter be lawfully behaviour. convict for any offence against any the branches of either of the said two former Statutes, according to the alterations and additions therein contained, or against the true meaning of this present Statute; that every person so convict shall for the space of three years next ensuing the said conviction be utterly disabled to keep any such alehouse.

&c. shall be

An alehousekeeper offending, shall be disabled from keepV. And whereas in the said Statute made in the fourth ing an alehouse three year of his said Majesty's reign, intituled An Act to repress years after the odious and loathsome sin of Drunkenness, Constables, Constables, Church-wardens, Headboroughs, Tythingmen, Aleconners, charged, (on and Sidemen, are appointed, in the oaths incident to their their oaths) offices, to be likewise charged to present the offences conto present trary to the said Statute; be it enacted, That the said oath committed shall always hereafter be also enlarged, and extend to present all offences done contrary to the Statute made in the first session of Parliament held in the first year of his Highness reign, intituled An Act to restrain the inordinate Haunting and Tippling in Inns and Alehouses, and other Victualling-houses, with the alterations and additions in this Act contained, made in the said fourth year of his said Majesty's reign, according to the alterations and additions of the same in this Act expressed.

the offences

against.

1 Jac. 1. c. 9.

a This section is repealed by stat. 3 Geo. 4. c. 77.

Anno 30 GEO. II. Cap. 24. Sect. 14, 15, 16.

PART II.
CLASS
IV.

No. 3.

Stat. 30

An Act for the more effectual Punishment of Persons who shall attain, or attempt to attain, Possession of Goods or Money, by false or untrue Pretences; for preventing the 6. 2. c. 24. unlawful Pawning of Goods; for the easy Redemption ofGoods pawned; and for preventing Gaming in Public Houses by Journeymen, Labourers, Servants, and Apprentices.

warrant.

a XV. AND be it further enacted by the authority afore- On comsaid, That from and after the said twenty-ninth day of plaint JusSeptember one thousand seven hundred and fifty-seven, if tice to issue any journeyman, labourer, apprentice or servant, shall game in any house, outhouse, ground or apartments thereto belonging, wherein any liquors shall be sold, and complaint thereof shall be made on oath before any Justice or Justices of the Peace for the county, riding, division, city, liberty or place, where the offence shall have been committed, every such Justice or Justices shall thereupon issue his or their warrant to some Constable, Tythingman, Headborough or other peace officer of the parish, precinct or place wherein the offence shall be charged to have been committed, or where the offender shall reside, to apprehend and carry every such offender before some Justice or Justices of the Peace acting for the county, riding, division, city, liberty or place, where the offence shall be committed, or where the offender shall reside; and if the person who shall be apprehended shall be convicted of the said offence by the oath of one or more credible witness or witnesses, or on his own confession, every such offender shall forfeit any sum not exceeding twenty shillings, nor less than five shillings, as the Justice or Justices before whom any such offender or offenders shall be convicted shall think fit and order, every time he shall so offend, and be convicted as aforesaid; and one fourth of all such money so forfeited shall, on the conviction of any such offender or offenders, be paid to the person or persons on whose information the party or parties offending shall be convicted, and the other three fourths thereof shall be applied for the use of the poor of the parish wherein the offence shall have been committed, and shall be paid to the Overseers of the poor of such parish for that purpose; and if the party, who shall be convicted of the offence last mentioned, shall not forthwith pay down the

■ The former sections of this statute, relating to distinct subjects, have been repealed.

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