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ALE AND BEER

or unmalted corn or such brewery, any raw grain; and all unmalted corn or grain which shall be found in such brewing premises or mill, and all malted corn or grain with which such unmalted corn or grain may have been mixed, shall be forfeited, and may be seized by any officer, together with all vessels or packages in which such raw or unmalted corn or grain shall be contained, or in which such unmalted corn or grain, and the malted corn or grain with which the same may have been mixed, shall be contained; and every brewer shall for every such offence forfeit 2001

6. License Duties.-Number of Brewers.-The
license duties payable by brewers of ale and beer,
and the numbers of such licenses granted during
the year 1864-5 were as follows:-

Account showing the Number of Licenses issued to
Brewers in the Year 1864-5, with the Rates of
Duty charged thereon (supplied by the Excise).

Common Brewers in
the United Kingdom
paying for Licenses

Ex- Not ex- Num

barrels barrels

1,000 31,032
1,000 10,000 1,647
178
10,000 20,000
20,000 30,000

30,000 50,000
50,000 100,000
100,000)
150,000 200

4. Description of Ale and Beer.-Previously to ceeding ceeding ber 1823 there were only two sorts of beer allowed to be brewed in England, viz. strong beer, that is, beer of the value of 16s. and upwards the barrel, exclusive of the duty; and small beer or beer of the value of less than 16s, a barrel, exclusive of the duty. In 1823, however, an Act was passed, (4 Geo. IV. c. 51) authorising the brewing, under certain conditions, of an intermediate beer. But this sort of beer was either not suited to the public taste, or, which is more probable, the restrictions laid on the brewers deterred them from engaging extensively in its manufacture.

This limitation and classification of the different sorts of ale and beer, according to their strength, originated in the duties laid upon them; and now that these duties have been repealed, ale and beer may be brewed of any variety or degree of strength. The brewing of ale has long constituted a principal, or rather, perhaps, we might say the principal, manufacturing employment carried on in Edinburgh. The best Edinburgh ale is of a pale colour, mild, glutinous and adhesive. It is much stronger and more intoxicating than porter, from 4 to 5 bushels of malt being generally used in brewing a barrel of ale, with about 1 lb. of hops to a bushel of malt. At present (1853) the produce of the ale breweries of Edinburgh may be estimated at above 201,000 barrels a year. Very good ale is also made at Preston Pans, Alloa, and other Scotch towns. Considerable quantities of Edinburgh ale are sent to London; though this trade has latterly been decreasing. Very good ale may be produced by brewers on a small scale, but it is doubtful whether this be the case with porter: at all events the best porter is all produced in very large establishments.

Formerly it was not supposed that really good porter could be made anywhere except in London. Of late years, however, Dublin porter has attained to high and not unmerited reputation; though we certainly are not of the number of those who consider it as nearly approaching to the best London porter.

200,000 250,000
300,00 350,000
250,000 300,000
350,000 400,000
450,000 500,000
500,000 550,000

Amount Charged on each Class

The Supple- The Supple

mentary
Charge
on the
Licenses
expiring on
September
30, 1865

mentary Diminution

on the Licenses expiring on September

30, 1865

£ 8. d. 8,154 4

£ 8. d. 91,866 17 6 78,449 18 0

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3,803 7 0

34,368 18 of

3,355 16 0

872 18 0

64

22,125

2,19.3 0 o

4 6

324 16 0

34

17,525 16 of

2,690

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5 0

20

18,428 2 6

1,850

5 0

254

7 6

7

10,957 7 6

1,096

5 0

2,172 15 0

6

50

4

11,643 10 0

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3

11,186 7 6

350 12 6

21 17 6

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N.B.-The barrel contains 36 gallons or 4 It is firkins of 9 gallons each, imperial measure. enacted (1 Wm. IV. c. 51, s. 7), that brewers shall pay their license duty according to the malt used by them in brewing, and that every brewer shall be deemed to have brewed one barrel of beer for every two bushels of malt used by such brewer.

It is enacted (1 Wm. IV. c. 51), that every person who shall sell any beer or ale in less quantities than four and a half gallons or two dozen reputed quart bottles, to be drunk elsewhere than on the premises where sold, shall be deemed a dealer in beer.

7. Progressive Consumption of Ale and Beer.Malt liquor early became to the labouring classes of England what the inferior sorts of wine are to the people of France, at once a necessary of life and a luxury; the taste for it was universally diffused. There are, however, no means by which an estimate can be formed of the quantity actually consumed previously to the reign of Charles II. But duties, amounting to 2s. 6d. a barrel on strong, and to 6d. a barrel on small ale or beer, were imposed, for the first time, in 1660. These Large quantities of a light, pale, and highly-duties being farmed until 1684, the amount hopped variety of ale have been for some con- of the revenue only is known; and as there means of ascertaining the proportion siderable time past exported to the East Indies, are no where it is in high estimation; and it is now also which the strong bore to the small beer, the very extensively used in summer in this country. quantities that paid duty cannot be specified. 5. Regulations as to the Manufacture of Ale But since the collection of the duty was enand Beer.-Since the abolition of the beer duties trusted to officers employed by government accuthese regulations are very few and simple; and rate accounts have been kept of the quantities of consist only in taking out a licence, entering the each sort of beer on which duty was paid, as well premises, and abstaining from the use of any as the rate of duty and its amount. Now it article, other than malt, in the preparation of the appears, that at an average of the ten years from beer. A brewer using any place, or mash-tun, for 1684 to 1693 inclusive, the amount of ale annually the purpose of brewing, without having made an charged with duty was as follows:entry thereof at the nearest excise office, forfeits for every such offence 2007.; and all the worts, beer, and materials for making the same together with the mash-tun, are forfeited, and may be seized by any officer.-Brewers obstructing officers for every offence forfeit 1007. (1 Wm. ÏV. c. 51, ss. 15, 16.)

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Account of the Brewers, Licensed Victuallers, Persons Licensed for the Sale of Beer to be Drunk on and off the Premises, &c., with the Quantities of Malt used by such Brewers, &c. in England, Scotland, and Ireland, during the Year 1864-5.

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The whole of this decrease must not, however, be ascribed to the increase of the beer duties only, the duty on malt and hops having been, at the same time, considerably increased, operated partly no doubt to produce the effect.

During the five years ending with 1750 the ale brewed amounted, at an average, to 3,803,580 barrels of strong, and 2,162,540 barrels of small. (Hamilton's Principles of Taxation, p. 255.)

The ale brewed in private families for their own use has always been exempted from any duty; and it may, perhaps, be supposed that the falling off in the consumption, as evinced by the statements now given, was apparent only, and that the decline in the public brewery would be balanced by a proportional extension of the private brewery. But though there can be no doubt that the quantity of beer brewed in private families was increased in consequence of the peculiar taxes laid on the beer brewed for sale, it is abundantly certain that it was not increased in anything like the ratio in which the other was diminished. This is established beyond all dispute, by the fact of the consumption of malt having continued very nearly stationary, notwithstanding the vast increase of population and wealth, from the beginning of the last century down to 1750, and, indeed, to 1830. [MALT.] Had the fact as to malt been different, or had the demand for it increased proportionally to the increase of population, it would have shown that the effect of the malt and beer duties had not been to lessen the consumption of beer, but merely to cause it to be brewed in private houses instead of public breweries; but the long continued stationary demand for malt completely negatives this supposition, and shows that the falling off in the beer manufactured by the public brewers had not been made up by any equivalent increase in the supply manufactured at home.

During the years 1787 to 1830 the tax levied on the barrel of strong beer varied. It was 88. at the first mentioned date, was varied to 9s. 5d. in 1802, and to 10s. in 1804. It varied between 9s. to 9s 10d. in 1826, and was finally repealed in 1830. The gross amount of revenue received by the excise, varied little between 1804 and 1830, being about 3,000,0007. per annum.

The stationary consumption of malt and beer during the greater part of last century is, most probably, in great part ascribable to the introduction and rapid diffusion of a taste for tea and coffee, and to the consequent change that was effected in the mode of living of the middle and

35,367.733 8,077,423 3,300,269 351,037

upper classes. No doubt, however, the oppressive duties with which malt and beer were loaded in the latter part of last century and down to 1830 narrowed their consumption in an extraordinary degree. After various previous additions the duty on malt was raised in 1804 to 4s. 53d. per bushel, or 35s. 10d. a quarter, the beer duties being then also raised to 10s. per barrel (old measure); and as a quarter of malt produced about three or three and a half barrels of beer, it follows that the duty on malt used in breweries really amounted at that period to from 65s. 10d. to 70s. 10d. a quarter. making the duty on strong beer, exclusive of that on hops, about 20s. a barrel. The duty on malt continued at this exorbitant rate till 1816; and to show its influence it is only necessary to state that during the 12 years ending with 1816 the consumption of malt amounted to no more than 23,197,754 bushels a year, being, notwithstanding the vast increase of wealth and population in the interval, less than it had been a century previously. the consumption having amounted to 24,191,304 bushels a year during the twelve years ending with 1720! [MALT.] The duties had, in fact, been completely overdone; and besides hindering the consumption of malt and malt liquors, they had the mischievous effect of vitiating the public taste and stimulating the consumption of ardent spirits, especially of those made from raw grain. In 1816, however, the duty on malt was reduced to 2s. 5d. a bushel, and since 1823 it has amounted to 2s. 7d. a bushel, or 20s. 8d. a quarter; and the beer duty having been abolished in 1830, this has been the only duty with which malt liquor has since been affected. And though we are unable, from the want of subsequent returns, to state how much the consumption of beer has increased since 1830, the increase in the consumption of malt shows that it must be very considerable. We subjoin

An Account of the Quantities of Malt brewed by the Fourteen principal London Porter and Ale Brewers, during the 7 Years ending with 1852. [Unit 000 emitted: thus 112=112,000.]

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ALE AND BEER

maintaining its own poor, in which there are not
10 inhabitants rated to their relief to the amount of
67. each or not occupying houses respectively rated
to the poor at 67. each (not being maltsters, common
brewers, or persons licensed to sell spirituous liquors
or beer or cider by retail), the certificate of the ma-
jority of the inhabitants of such parish, township, or
district maintaining its own poor, as are rated to
the amount of 61. each, shall be deemed to be a
sufficient certificate for the purposes of this Act.
(4 & 5 Wm. IV. s. 2.)

Penalty on Overseers.-Any overseer who shall, without due cause, refuse to certify that the persons who have signed the certificate are respectively rated to the poor's rate as aforesaid to forfeit not more than 57. (Sec. 3.)

from their amount. They affected only that description of beer which was brewed for sale; and as all the higher classes brewed their own beer, the duty fell only on the lower and middle ranks of the community, and particularly the former. It is singular that a tax so grossly unequal and oppressive should have been so long submitted to. But besides the obstacles to the consumption of beer arising from the oppressive duties with which it was burdened, the system formerly in force for granting licenses for its sale opposed obstacles that were hardly less formidable. Previously to 1830 no one could open a house for the sale of beer without first obtaining a license renewable annually from the magistrates; and as these functionaries were accustomed only to grant licenses Beer drunk in sheds.-Any person licensed under to the occupiers of particular houses, the brewers naturally endeavoured, in order to ensure the sale the Act 1 Wm. IV. c. 64 to sell beer, cider, &c. of their beer, either to buy up those houses or to not to be consumed on the premises, who shall lend money upon them; and in many extensive employ, permit, or suffer any person or persons to districts a few large capitalists succeeded in en- take or carry any beer, &c. from his house or pregrossing most of the public houses, so that even mises, to be drunk or consumed for his benefit or the appearance of competition was destroyed, and profit, in any other house, tent, shed, &c. belonga ready market and good prices secured for the ing to, or hired, used, or occupied by such licensed very worst beer. We, therefore, look upon the person, such beer, &c. shall be held to have been abolition of the beer duties, and the granting of consumed on the premises, and the person selling leave to all persons to retail beer on their taking the same shall be subject to the like forfeitures out proper licenses, as highly advantageous mea- and penalties as if it had been actually drunk or The conditions under which such licenses consumed in a house or upon premises licensed Billeting. are taken out, and the sale of beer conducted, are only for the sale thereof. (Sec. 4.) Provisions for billeting soldiers fixed by the Acts 1 Wm. IV. c. 64. and the 4 & 5 Wm. IV. c. 85. Under the former the commis-under Mutiny Acts to extend only to those licensed sioners of excise, or other persons duly authorised, to sell beer or cider to be drunk in the house or on were bound to grant licenses, costing 21. 28. a year, the premises, and not to extend to those licensed to all persons not excepted in the act, empowering to sell beer not to be consumed on the premises. them to sell ale, beer, porter, cider, &c. to be drunk (Sec. 5.) indifferently either on or off the premises. But in consequence of the complaints (whether well or ill founded it is now needless to inquire) of the increase and bad character of beer shops, the Act 4 & 5 Wm. IV. c. 85 makes the obtaining of a license to retail beer to be drunk on the premises contingent on the applicant being able to produce a certificate of good character, subscribed by certain persons rated at a certain amount to the poor; it also raised the cost of such license to 31. 3s., and reduced the cost of a license to sell beer not to be drunk on the premises to 11. 1s. These licenses are now (1853) 66s. 13d. and 22s. 04d. We subjoin an abstract of the Acts.

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Justices to regulate the Opening and Closing of Houses.-Justices in petty sessions are authorised to fix the hours at which houses and premises licensed to sell beer under this Act shall be opened and closed; but any person thinking himself aggrieved by any such order may appeal at any time, within 4 months from its date, to the justices in quarter sessions, on giving the justices making the order 14 days' notice of his intention; and the decision of the justices in quarter sessions shall be final: provided, however, that the hour to be fixed. for opening any house shall not in any case beearlier than 5 o'clock in the morning, nor for closing the same later than 11 o'clock at night, or before 1 o'clock in the afternoon on Sunday, Good Friday, Christmas Day, or any day appointed for a public fast or thanksgiving; and the hours so fixed by the justices, with reference to the districts within their jurisdictions, shall be taken to be the hours to be observed and complied with under this Act as fully as if the same had been specially appointed by it. (Sec. 6.)

Persons applying for a License to sell Beer to be drunk on the premises, to deposit a Certificate of good Character, &c.-Every person applying for a license to sell beer or cider by retail, to be drunk in the house or on the premises, shall annually produce to and deposit with the commissioners of excise, collector, or other person authorised to grant such license within the parish or place in which the Constables, &c. to visit licensed Houses.-All conperson applying intends to sell beer or cider by retail, a certificate signed by 6 persons residing in stables and officers of police are authorised to enter and being and describing themselves to be inhabi- into all houses licensed to sell beer or spirituous tants of such parish, place, &c., and respectively liquors to be consumed upon the premises whenrated therein to the poor at not less than 6l., or ever they shall think proper; and if any person occupying a house therein rated to the poor at not licensed as aforesaid, or any servant or person in less than 67., none of whom shall be maltsters, his employ or by his direction, shall refuse to common brewers, or persons licensed to sell spi- admit such constables, &c. into such house cr rituous liquors or beer or cider by retail, nor own-premises, the person having the license shall for ers or proprietors of any houses licensed to sell liquors, beer, or cider by retail, stating that the person applying for the license is of good character; and at the foot of such certificate one of the overseers of the parish, township, or place shall certify (if the fact be so) that such 6 persons are inhabitants respectively rated as aforesaid; and such certificate shall respectively be in the form of the schedule annexed to this Act: provided always, that in any parish, township, or district

the first offence forfeit and pay any sum not exceeding 5l., together with the costs of conviction, to be recovered within 20 days before 1 or more justices; and it shall be lawful for any 2 or more justices, upon any person being convicted of such offence for the second time, to adjudge (if they think fit) that such offender be disqualified from selling beer, ale, porter, cider, or perry, by retail, for 2 years after such conviction, or for such shorter space as they may think proper. (Sec. 7.)

C 2

Penalty for making or using false certificates.— or suffer any wine, spirits, &c. to be brought into Persons certifying any matter having reference to his house or premises to be drunk or consumed there, this Act as true, who know the same to be false, or shall suffer them to be drunk or consumed in or using any certificate, knowing the same to be his house or premises, he shall, over and above forged, shall, on conviction of such offence before any excise penalties to which he may be subject. 2 or more justices, forfeit and pay the sum of 201.; forfeit 201. (Sec. 16.) and every license granted to any person making use of any certificate to obtain the same, such persons knowing such certificate to be forged, or the matters certified therein to be false, shall be void to all intents and purposes; and any person using such certificate shall be disqualified for ever from obtaining a license to sell beer or cider by retail. (Sec. 8.)

No License to be granted without a Certificate.No license for the sale of beer or cider by retail to be consumed or drunk in the house or on the premises shall be granted, except upon the certificate hereby required: provided, that in all extra-parochial places the certificate required by this Act may be signed and given by inhabitants rated in the poor at 67. in any adjoining parish or parishes. (Sec. 9.)

Retailers to produce their Licenses on Requisition of 2 Magistrates.-In case any complaint be laid before 2 justices against any licensed person for an offence against the tenor of his license, or against this Act or the Act 1 Wm. IV. c. 64, the said justices may require such person to produce his license before them for their examination; and if he wilfully neglect or refuse so to do, he shall forfeit for such offence any sum, not exceeding 5l., the said justices shall think proper; and such person may be convicted, proceeded against, and dealt with for such offence in the same manner, mutatis mutandis, as is directed by the Act 1 Wm. IV. c. 64, with regard to persons guilty of a first offence against said Act; and the penalty imposed for such offence is to be applied in the manner that a penalty for a first offence against said Act is directed to be applied. (Sec. 10.)

Continuance of Powers, &c.-The powers, provisions, and penalties of 1 Wm. IV. c. 64, to apply to persons licensed under this Act, and to their sureties, &c. (Sec. 11.)

Duties on Beer Licenses.-There shall be paid upon the licenses hereby authorised to be granted the duties following; viz.

For and upon every license to be taken out by any person for the sale of beer by retail, not to be drunk or consumed in or upon the house or premises where sold, the annual sum of 14. 1s.

For and upon every license to be taken out by any person for the sale of beer by retail, to be drunk or consumed in or upon the house or premises where sold, the annual sum of 31. 3s. (Sec. 13.)

The duties to be under the management of commissioners of excise, and to be recovered and accounted for under the provisions of the Act 1 Wm. IV. c. 64. (Sec. 14.)

Not to affect Duty on Licenses to retail Cider and Perry. Nothing in this Act shall affect the amount of duty payable under the 1 Wm. IV. c. 64, on licenses to retail cider and perry; but every such license shall specify whether it be granted for the sale of cider and perry by retail not to be drunk in the house or premises where sold, or for the retail of the same to be drunk in the house or premises where sold. (Sec. 15.)

Penalty on unlicensed Persons.- Such persons selling beer and cider by retail to be drunk off the premises, 107.; to be drunk on the premises, 20. (Sec. 17.)

Board over the Door.-Every person licensed to sell beer, cider, or perry, by retail, under the authority of the Act 1 Wm. IV. c. 64 and this Act, shall, on the board required by the former Act to be placed over his door, paint and keep thereon, after the words licensed to sell beer or cider by retail,' the additional words, not to be drunk on the premises,' or 'to be drunk on the premises,' as the case may be, on pain of forfeiting the penalty imposed by such Act for not having such board over the door. (Sec. 18.)

What is retailing of Beer, &c.-Every sale of beer or of cider or perry, in any less quantity than 41 gallons shall be deemed and taken to be a sale by retail. (Sec. 19.)

Penalties for selling Spirits or Wine without a License.-Persons licensed to sell beer or cider under the Act 1 Wm. IV. c. 64 and this Act, who sel spirits or wine, sweets, &c. without being licensed, are liable to the penalties imposed by the laws of excise for selling spirits or wine, sweets, &c. without license. (Sec. 20.)

Certificate not to be required for Houses in certain Situations, if Population exceed 5,000.-The beforementioned certificate shall not be required as to any house situated within the cities of London and Westminster, or within any parish or place within the bills of mortality, nor within any city or town corporate, nor within the distance of 1 mile from the place used at the last election as the place of election or polling place of any town returning a member to parliament, provided that the population, determined according to the last parliamentary census taken in such city, town, &c. shall exceed 5,000, provided that no license for the sale of beer, ale, porter, cider, or perry by retail on the premises in the cities of London and Westminster, or in any parish within the bills of mortality, or in any such city or town corporate, or town returning a member to parliament as before mentioned, shall be granted after the 5th day of April, 1836, unless the house or premises specified as those in which beer or cider is intended to be sold shall be of the value of 104. per annum. (Sec. 21.)

Form of Certificate referred to in Sec. 2. We, the undersigned, being inhabitants of the parish [or township as the case may be ] of and respectively rated to the poor at not less than 67. per annum, and none of us being maltsters, common brewers, or persons licensed to sell spirituous liquors, or being licensed to sell beer or cider by retail, do hereby certify, That A. B., dwelling in street, [here specify the street, lane, &c.] in the said parish [or township, &c.] is a person of good character. [Here insert the day of signing the certificate.] (Signed) E. F.1

G. H.

I.K.Here state the residence of each of the persons signing.]

L. M.

N. O. P. Q.

Licenses under this Act not to authorise Persons to sell Wine.-No license granted under the Act 1 Wm. IV. c. 64 and this Act, shall authorise any person to take out or hold any license for the sale of wine, spirits, or sweets or made wines, or mead I do hereby certify, that all the above-mention.ed or metheglin; and if any person licensed under the persons whose names are subscribed to this cerAct 1 Wm. IV. c. 64 and this Act, shall permittificate are inhabitants of the parish [or township,

&c.] of

rated to 67. to the relief of the poor of the said parish. C. D.

[Overseer of the parish or township, &c.] Date

In addition to the above the following clauses of the Act 1 Wm. IV. c. 64, are still in force :Persons trading in partnership and in one house shall not be obliged to take out more than one license in any one year, provided also, that no one license shall authorise any person to sell beer, in any other than the house mentioned in such license. (Sec. 10.)

In cases of riot or expected riot or tumult, every person licensed under this Act, and keeping any house situate within their jurisdictions, shall close his house at any time which the justice or justices shall direct; and every such person who shall keep open his house at or after any hour at which such justices shall have so ordered or directed such house to be closed, shall be deemed to have not maintained good order and rule therein, and to be guilty of an offence against the tenor of his license. (Sec. 11.)

Every person licensed to sell beer by retail, shall sell (except in quantities less than a half pint) by the gallon, quart, pint, or half-pint measure, sized according to the standard; and in default thereof, he shall for every such offence forfeit the illegal measure, and pay not exceeding 40s., together with the costs of the conviction, to be recovered within thirty days next after that on which such offence was committed, before two justices; such penalty to be over and above all penalties to which the offender may be liable under any other Act. (Sec. 12.)

morning, nor after ten in the evening: nor between the hours of ten in the forenoon and one in the afternoon, nor at any time between the hours of three and five in the afternoon on any Sunday, Good Friday, Christmas-day, or any day appointed for a public fast or thanksgiving: and any person offending herein shall forfeit 40s. for every offence; every separate sale to be deemed a separate offence. (Sec. 14.)

All penalties under this Act, except for selling beer by any person not duly licensed, shall be recovered, upon the information of any person before two justices in petty sessions; and every such penalty shall be prosecuted for within three calendar months next after the offence; and every person licensed under this Act, who shall be convicted before two justices, shall, unless proof be adduced to the satisfaction of such justices that such person had been theretofore convicted before two justices, within the space of twelve calendar months next preceding, be adjudged by such justices to be guilty of a first offence against this Act, and to forfeit and pay any penalty by this Act imposed for such offence, or if no specific penalty be imposed, then any sum not exceeding 51., together with the costs of the conviction; and if proof be adduced to the satisfaction of such justices that such person had been previously convicted, within the space of twelve calendar months next preceding, of one such offence only, such person to be adjudged guilty of a second offence against this Act, and to forfeit and pay any penalty by this Act imposed for such offence, or if no specific penalty be so imposed, then any sum not exceeding 101. together with the costs of conviction; and if proof shall be adduced that such person had been previously Every seller of beer by retail, having a license convicted, within the space of eighteen calendar under this Act, who shall permit any person to be months next preceding, of two such separate guilty of drunkenness, or disorderly conduct, in offences, and if proof be adduced that such person the house mentioned in such license, shall forfeit so charged is guilty of the offence charged against the sums following: for the first offence, not less him, such person shall be adjudged to be guilty of than 40s, nor more than 57., as the justices, before a third offence against this Act, and to forfeit and whom such retailer shall be convicted, shall ad-pay any penalty imposed by this Act, in respect of judge; and for the second offence, any sum not less than 54. nor more than 104.; and for the third offence, any sum not less than 201. nor more than 501.; and it shall be lawful for the justices, before whom any such conviction for such third offence shall take place, to adjudge, if they shall think fit, that such offender shall be disqualified from selling beer by retail for the space of two years next ensuing such conviction, and also that no beer shall be sold by retail by any person in the house mentioned in the license of such offender; and if any person so licensed shall, knowingly, sell any beer, ale, or porter, made otherwise than from malt and hops, or shall mix, or cause to be mixed, any drugs or other pernicious ingredient with any beer sold in his house, or shall fradulently dilute, or in any way adulterate, any such beer, such offender shall for the first offence forfeit not less than 10%, nor more than 204, and for the second such offence such offender shall be adjudged to be disqualified from selling beer, ale, or porter, by retail, for the term of two years, or to forfeit not less than 207, nor more than 50l., and shall be subject to a like penalty at every house where he shall commit such offence; and if any person shall during any term in which it shall not be lawful for beer to be sold by retail on the premises of any offender, sell any beer by retail on such premises knowing that it was not lawful to be sold, such offender shall forfeit not less than 107, nor more than 204; every person suffering the conditions of the license to be infringed to be deemed guilty of disorderly conduct. (Sec. 13.)

Retailers' houses not to be open before four in the

such offence, or if no such specific penalty shall be imposed, then to forfeit and pay the sum of 501., together with the costs of conviction. (Sec. 15.)

The party, convicted of any such third offence, may appeal to the general sessions, or quarter sessions then next ensuing, unless held within twelve days after conviction, and in that case, to the then next subsequent sessions; and, in such case, the party convicted shall enter into a recognisance,with two sureties personally to appear at the said general or quarter sessions, to abide the judgment of the court; and to pay such costs as shall be by the court awarded; or, in failure of the party convicted entering into such recognisance, such conviction shall remain good and valid; and the said justices who shall take such recognisance are also required to bind the person who shall make such charges to appear at such general or quarter sessions, then and there to give evidence against the person charged, and, in like manner, to bind any other person who shall have any knowledge of such offence; and it thall be lawful for the said general or quarter sessions to adjudge such person to be guilty of such third offence against this Act, and such adjudication shall be final; and it shall be lawful for such general or quarter sessions to punish such offender by fine, not exceeding 1007. together with the costs of such appeal, or to adjudge the license to be forfeited, or that no beer be sold by retail in the house for the term of two years, and if such license shall be adjudged to be forfeited, it shall henceforth be void; and whenever, in such case, the license of such offender shall be adjudged to be void, such offender shall be deemed incapable

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