An information will be granted for improperly granting an ale license, tion but for that very reason, this is the ftrongest cale for the interpofition of the court, if it appears that they have acted upon corrupt motives. If it did appear clearly that this man kept a diforderly houfe, it would be a reafon against the court's interpofing against the juftices. But this does not clearly appear. And upon the whole he thought, on a full difcuffion of the affidavits, that the charge upon the juftices was not fatisfactorily anfwered by them. And he declared it to be of very dangerous confequence to permit the due difcretion of the juftices to be influenced by confiderations of this kind. The court thought it a proper case for an information, and made the rule abfolute. Afterwards, M. 6 G. 3. the juftices confeffing themfelves guilty of the information, it was moved for a rule to difpenfe with their personal appearance, on the undertaking of their clerk in court to anfwer for their fines. But the court upon full debate were unanimous in refufing the motion. The general doctrine laid down by the court was, that though fuch a motion was fubject to the difcretion of the court, either to grant or refufe it, where it was clear and certain that the punishment would not be corporal; yet it ought to be denied in every cafe where it was either probable or poffible that the punishment would be corporal. And this, for the example fake; as the notoriety of their being called up might deter others from the like offences. And finally, upon their appearance in court, the fentence was, that they should be committed for a month, fined 50l each, and imprisoned till the fine be paid. Burr. Mansf. 1716, 1786. E. 27 G. 3. K. v. Holland and Forfter. An information had been moved for against the defendants, who were justices for Middlefex, for improperly granting an ale licence to one Harrison, who had been refused one by the justices, at their laft general meeting, on account of mifbehaviour. It appeared that the defendant Forfler had been present at that general meeting, at the time when the licence was refufed; but he had afterwards told the other defendant Holland, who was not prefent at the general meeting, that the only reason why a licence had not been granted then, was, that they might have an opportunity of enquiring into the character of Harrison, and had accordingly prevailed upon Halland, at a private meeting held by thofe two only, to join in granting a licence.-The court were clearly of opinion, that an information should be granted against a juftice, as well for granting a licence improperly, as for refusing one in the fame manner. That it had already been done in the cafe of K. v. Filewood; and indeed the mischief of granting a licence improperly, was infinitely greater than that of refufing one; for in the former case it might be productive of injury to the whole community, while in the latter the grievance was felt only by the individual. That the only ground of thefe applications was the improper conduct of the raagiftrates. But as it appeared in this cafe that Holland, tho' not altogether blameless, had been deceived by Forfler, they difcharged the rule as to the former, upon his paying the cofts of the application as against himself; and as to Forfer, they granted the information. Durnf. and Eaft, I V. 692. By the 26 G. 2. c. 13. No juftice of the peace, What justices being a common brewer of ale or beer, innkeeper, or dif- are prohibited tiller, or a feller of or dealer in ale or fpirituous liquors, licences. from granting or interested in any of the faid trades, or being a victualler or maltfter, fhall be capable, or have any power to grant licences for felling ale or beer or any other liquors, but the fame fhall be void. f. II. And all mayors, town clerks, and other perfons whom Stamp. it may concern fhall make out ale licences (D) duly ftamped, before the recognizance be taken; on pain of 101, half to the king, and half to the prosecutor, with costs. 6 G. c. 21. f. 56. 1 Ann. flat. 2. c. 22. f. 6. Which ftamp duty by 9 Ann. f. 23. thall be And more by 29 G. 2. c. 12. · £. s. d. £o. so do I I O o 0 10 6 And if any perfon fhall write any licence without such ftamp, he fhall forfeit 101 with costs, to be recovered as ftamp penalties; and the licence fhall not be available till the duty shall be paid, and also a penalty of 5 l. 29 G. 2. 6. 12. f. 20. And the juftices clerk fhall have 2s 6d, and no more, Justices clerks for fuch licence. 9 G. 2. c. 23. f. 14. 24 G. 2. c. 40. fee. f. 28, 29. officers of the And to prevent frauds therein, every victualler or ale- Licence to be houfekeeper fhall, on demand by any officer of the ftamp produced to the duties, produce his licence, and permit him at his own stamp dutie.. expence to have a copy thereof; on pain of 40s. 5 G. 3. 6. 46. f. 20. And every clerk of the peace, town clerk, common clerk, or person acting as fuch, shall on demand by any officer of the ftamp duties, or within three days next after, deliver to such officer, a true lift of the names and places A list of alehousekeepers to be delivered to the officers of the ftamp du of ties. Licence refrain ed to the place. How long to continue. Licensed perfon dying or reneving, st the house be Coming empty es unoccupied. of abode of all the victuallers, alehousekeepers, and other perfons then licenfed to fell ale or beer, or other excifeable liquors, by retail, within the refpective diftricts; and on delivery thereof, fuch officer fhall pay to him after the rate of one farthing for every licenfed perfon inferted in the lift: And if he thall refufe or neglect to deliver fuch lift, or not infert therein a full and true account; he fhall forfeit 51. f. 21. But no licence fhall intitle any perfon to keep an alehouse in any other place than that in which it was firft kept by virtue of fuch licence; and fuch licence with regard to all other places fhall be void. 26 Geo. 2. c. 314 1.3: And all licences granted at the general licensing day fhall be made for one year only, to commence on the 29th day of September. S. 4. And by 32 G. 3. c. 59. fo much of the faid act of 26 Geo. 2. c. 31. and of the 29 Geo. 2. c. 12. as relates to any licensed perfon dying or removing; or to the empowering his executors, adminiftrators, er affigns, or the occupier of fuch licensed houfe, to continue during the refidue of the term without any new licence or certifi cate; are repealed. And after 31st July 1792, if any fuch licenfed perfon fhall die before the expiration of his licence; or if he, or his executors, adminiftrators, or affigns, fhall remove from fuch licenfed houfe, and fhall affign fuch licence; or in cafe any fuch houfe fhall become empty or unoccupied, the late occupier whereof was. duly licensed the year preceding; then (except as herein otherwife provided) two juftices, at a petty feffions holden in and for the divifion where fuch house is situate, may grant a licence to the executors, adminiftrators, or affigns of the perfon fo dying, who fhall be poffeffed of fuch house, or to any new tenant or occupier, upon fuch removal, or the houfe becoming empty or unoccupied as aforefaid; to open, or continue open fuch house as an alehoufe until the next general licenfing day, fo as fuch licence be ftamped as before directed. Or the faid juftices, in their difcretion, may allow fuch executors or adminiftrators, or other perfons aforefaid, poffeffed of any fuch licence, to continue open fuch houfe for the purpofe aforefaid, under and by virtue of fuch licence, until the expiration thereof; every fuch executor, adminiftrator, or affign, and every fuch tenant or occupier refpectively, obtaining within thirty days after fuch death or removal, or entering upon the poffeffion of fuch house, and producing to the faid juftices such certificate, and en tering perfonally into fuch recognizance, with fuch fureties as is directed by the faid act of 26 G. 2. Which certificate and recognizance, with the condition thereof, attefted by fuch juftices, fhall forthwith, or at the next feffions at fartheft after granting fuch licence, be fent to the clerk of the peace, to be filed amongst the records of the feffions. /. I. Shall become empty or unoccupied ] That is, as it feemeth, by the removal of the former tenant; for in many places the tenants change their habitations, not in September when the licence is required to be granted, but at fome future time, as at May-day, or Whitfuntide. In this cafe, where the tenant, intending to remove, hath not taken out a licence for that year, his fucceffor may obtain a licence until the next general licenfing day by applying to two juftices at a petty feffions, and making it appear to them by certificate that he is a perfon fit to receive a licence, and alfo making it appear that the houfe is proper to be licenfed, whereof the proof must be by its having been licensed the year next before. to houses not But nothing in this act fhall extend to the granting Not to extend any new licence to any houfe, the occupier whereof was not duly licensed the year preceding. Nor to alter the licensed the year preceding, not time of granting licences. Nor to oblige perfons not li- to alter the time cenfed the year preceding to produce certificates in the of granting li city of London. 32 G. 3. c. 59. 4, 5. cences, &c. And every perfon entering into any fuch licensed house, Penalty. who fhall fell beer, ale, or other excifeable liquors, unlefs authorised by the juftices at the petty feffions next enfuing after the expiration of fuch thirty days in manner aforefaid; fhall be liable to all the penalties, punishments, and forfeitures, of perfons felling ale without licence. f. 6. But every perfon who shall have obtained fuch certifi- Perfons obtain. cate as aforefaid, fhall be indemnified for felling beer, ale, ing fuch certifi or other excifeable liquors, till after fuch petty feflions fhall fed till the have been held. S. 7. cate, indemni petty fellions. And the clerk of the peace, upon the continuance of, Record to be or granting a new licence as aforefaid, fhall record the made. fame, for which he fhall be paid I s. f. 8. And within Middlefex and Surry, the juftices at the ge- Middlesex and neral licenfing meetings fhall appoint not less than fix, nor Surry. more than eight fpecial days of meeting yearly, at different equal periods, as near as may be next enfuing fuch general meeting; and fhall caufe due notice to be given of the times and places of fuch fpecial meetings; at which VOL. I. meetings *C 8 Perfons licenfed to fell fpirits muft be firft li cenfed to fell ale. Former penalties repealed. New penalties inflicted. meetings two juftices of the divifion may grant to the executors, adminiftrators, or affigns of fuch licensed per fons, or the perfon coming into any house which hath beẻ come empty or unoccupied as aforefaid; a licence to fuch new tenant or occupier (on his producing a certificate, and entering into a recognizance as aforefaid); or in their difcretion may allow a continuance of any licence before granted in manner aforefaid, until the next general licensing day. . 2, 3. No perfon fhall retail any diftilled fpirituous liquors, or ftrong waters, without a licence from the officers of excife, taken out ten days before he shall begin. And fuch perfon fhall be firft licensed to fell ale or fpirituous liquors, by two juftices of the peace. 2 G. 2. c. 28. f. 11. 9 G. 2. c. 23. f. 14. 16 G. 2. c. 8. f. 8, 11. 24 G. 2. t. 40. S. 9. 29 G. 2. c. 12. f. 22. [Note, here is a double licence required for retailing of fpirituous liquors; first, a licence from the juftices to fell ale or fpirituous liquors; and then a licence by the officers of excife to fell fpirituous liquors. And therefore the ale licence ought to run fo as to include fpirituous liquors, or else the law fhould be altered in this particular. The printed alehouse licences from the ftamp office endeavour to preferve the jurisdictions distinct, by excepting the feveral kinds of fpirituous liquors by name, out of the licence by the juftices. But this is against the ftatutes; nor was it intended perhaps by the legislature, that the officers of excife fhould have the fole jurifdiction in this matter, but rather that the primary judgment concerning the same fhould be referred to the juftices.] Which licence for retailing fpirituous liquors is treated of at large under title Excile, Spirituous Liquors. Wine Licence. See Ercile, Wine. Licence for Made Wines. See Extile, Sweets III. Selling ale without a licence. By 35 G. 3. c. 113. fo much of 5 G. 3. c. 46. as relates to the penalties for felling ale without licence is repealed, and other penalties are inflicted in lieu thereof, as follows: After the 20th Sept. 1795, every perfon who fhall fell, or fuffer to be fold, ale or beer, or any other excifeable liquors, by retail, without being duly licenfed, and fhall be convicted thereof, fhall forfeit 201. and alfo the cofts and expences attending the conviction; and for a fecond offence fhall moreover be rendered incapable of being afterwards licensed to keep an |