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Persons holding licensed Houses not to be Constables, &c.

No licensed

Person liable to serve as Constable.

Such Person serving as Constable or Deputy Constable.

Penalty, 101.

Alehouse

Keeper to use
Standard
Measures.

Penalty nat exceeding 40s.

XIX. And be it further enacted, That from and after the Tenth Day of October One thousand eight hundred and twenty three, all and every Person and Persons using and exercising, or that hereafter shall use and exercise the Trade or Business of a licensed Victualler or Alehouse Keeper, or who shall sell Ale, Beer or other exciseable Liquors by Retail, by virtue of any Licence or Authority, Licences or Authorities, already granted or hereafter to be granted by the Justices of the Peace in that Part of the United Kingdom called England, for so long as he or they shall use and exercise the said Trade or Business, or shall hold such Licence or Licences, Authority or Authorities, and no longer, shall at all Times hereafter be disqualified from serving the Office of Constable, Headborough, Police Officer or Patrole; and if at any Time hereafter any such Person or Persons using the said Trade or Business, or holding and using such Licence or Licences, Authority or Authorities, shall be chosen or elected into the Office of Constable or Headborough, that then such Person or Persons producing such Licence or Authority, or Licences or Authorities, to use and exercise the said Trade of a licensed Victualler or Alehouse Keeper, or to sell Ale, Beer or other exciseable Liquors by Retail, duly issued pursuant to the Provisions of this Act, or of any other Act, Law or Charter now in force, to the Person or Persons by whom he shall be so elected or appointed, or by or before whom he shall be summoned, returned or required to serve or hold the said Office of Constable, shall be absolutely discharged from the same; and such Nomination, Election, Return or Appointment shall be utterly void and of none effect, any Order, Custom, Law or Statute to the contrary in any wise notwithstanding; nor shall any such Person using or exercising the said Trade or Business of a licensed Victualler, or to whom any such Licence or Authority shall be granted for the Purposes aforesaid, while he shall so exercise the said Trade, or hold and use such Licence or Authority, take upon himself, or serve, or execute the Office of Deputy to any Constable already chosen, or hereafter to be chosen and elected to that office within that Part of the United Kingdom called England, on pain of forfeiting, for every Act to be done, committed or executed by him as or in the Character of Deputy to any such Constable as aforesaid, the Sum of Ten Pounds, to be recovered in manner hereinbefore directed by virtue of this Act.

XX. And be it further enacted, That from and after the Tenth Day of October One thousand eight hundred and twenty two, all Persons keeping Common Inns, Alehouses or Victualling Houses, and retailing Ale and Beer, shall sell the same in and from their Houses by a full Ale Quart, Pint or Half Pint, made of Pewter, sized to the Standard, and stamped or marked to be of due Size according to the Standard, either from the Exchequer or from some City, Town Corporate, Borough or Market Town, where an Ale Quart, Pint or Half Pint, made from the said Standard, shall be kept for that Purpose, and shall not retail any Ale or Beer in any other Vessels than such stamped Pewter Ale Quarts, Pints and Half Pints, unless such Ale or Beer shall have been first measured in and by such stamped Pewter Ale Quart, Pint or Half Pint, in the Presence of the Guest or Customer purchasing the same, under pain of forfeiting for every Offence a Sum not exceeding Forty

Shillings

Shillings (together with the Costs of Conviction), to be recovered within Thirty Days next after the committing of such Offence, before any Two Justices of the Peace acting for the County or Place in which such Offence shall have been committed, the One Half to be paid to the Person who shall prosecute or sue for the same, and the other Half to the Poor of the Parish or Place where such Offence shall have been committed; and in case of the Nonpayment thereof, they shall cause the same to be levied upon Goods and Chattels of the Offender, by Warrant of Distress under their Hands and Seals.

XXI. And be it further enacted, That from and after the passing Brewer to use of this Act, if any Brewer or Wholesale Dealer in Ale or Beer, in Casks of full that Part of the United Kingdom called England, shall sell and Size. deliver to any Innkeeper, Alehouse Keeper, Victualler or other Person whomsoever, any Ale or Beer, in Barrels, Casks or other Vessels which shall not be able to contain the full Quantity of Ale or Beer, for which the said Brewer or Wholesale Dealer in Ale or Beer shall charge the Purchaser thereof, such Brewer or Wholesale Dealer in Ale or Beer shall forfeit and pay a Sum not exceeding Five Pounds for every such Barrel, Cask or other Vessel so Penalty not exdeficient in Size as aforesaid, together with the Costs of Conviction, ceeding 51. for to be recovered by Information before One Justice of the Peace, cient in Size. within Thirty Days next after the making of such Charge, who, in case of the Nonpayment thereof, shall cause the same to be levied upon the Goods and Chattels of the Party so offending.

each Cask defi

XXII. And be it further enacted, That all Fines, Penalties and Application of Forfeitures imposed by this Act, and for which no other Means Penalties. for recovering thereof are hereby provided, may be sued for and recovered by Action of Debt, Bill, Plaint or Information, in any of His Majesty's Courts of Record at Westminster; and that One Moiety of all and every Fine, Penalty or Forfeiture by this Act imposed, and not expressly directed to be otherwise applied, shall be to His Majesty, His Heirs and Successors, and the other Moiety to him or them who shall inform, discover or sue for the same.

XXIII. Provided always, and be it further enacted, That nothing Proviso for herein contained shall extend or be construed to extend to alter City of London. the time or times of granting Licences for keeping Common Inns

or Alehouses in the City of London.

XXIV. Provided also, and be it further enacted, That nothing And for former in this Act contained is intended to repeal any former Act or Acts Acts. of Parliament made in this Behalf; except only so far as the same

or any of the Provisoes and Enactments thereof have been ex

pressly repealed, altered or amended by the present Act.

XXV. Provided always, and be it further enacted, That nothing And for the in this Act contained shall extend to alter or in any manner to Universities. affect any of the Rights or Privileges of the Universities of Oxford or Cambridge, or the Powers of the Chancellors or Vice Chancellors of the same, as by Law possessed under the respective Charters of the said Universities.

XXVI. And be it further enacted, That this Act shall com- Continuance of mence and take place from the passing thereof, and from thence Act. shall continue and be in force for and during the Term of Three Years, and from thence to the End of the then next Session of Parliament.

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SCHEDULE (A.)

FORM of Recognizance.

Meeting of His Majesty's Justices of the Peace acting in and for the Division [or Liberty, &c. as the case may be,] held at the Division [or Liberty, &c.] and County aforesaid, on

the

day of

in

One thou

Pounds, E. F. of, &c.

sand eight hundred and T. S. at the Sign of, &c. Victualler, acknowledges himself to be indebted to our Sovereign Lord the King, in the Sum of acknowledges himself to be indebted to Our Sovereign Lord the King in the Sum of Pounds, to be levied upon their several Goods and Chattels, Lands and Tenements, by way of Recognizance to His Majesty's Use, His Heirs and Successors, upon Condition that the said T. S. do and shall keep the true Assize in uttering and selling Bread and other Victuals, Beer, Ale and other Liquors in his, her or their House, and shall not fraudulently dilute or adulterate the same, and shall not use, in uttering and selling thereof, any Pots or other Measures that are not of full Size, and shall not wilfully or knowingly permit Drunkenness or Tippling, nor get drunk in his, her or their House or other Premises; nor knowingly suffer any gaming with Cards, Draughts, Dice, Bagatelle or any other sedentary Game in his, her or their House, or any of the Outhouses, Appurtenances or Easements thereto belonging, by Journeymen, Labourers, Servants or Apprentices; nor knowingly introduce, permit or suffer any Bull, Bear or Badger baiting, Cock fighting or other such Sport or Amusement in any Part of his, her or their Premises; nor shall knowingly or designedly, and with a View to harbour and entertain such, permit or suffer Men or Women of notoriously bad Fame, or dissolute Girls and Boys, to assemble and meet together in his, her or their House, or any of the Premises thereto belonging; nor shall keep open his, her or their House, nor permit or suffer any drinking or tippling in any Part of his, her or their Premises during the usual Hours of Divine Service on Sundays: nor shall keep open his, her or their House or other Premises during late Hours of the Night or early in the Morning, for any other Purpose than the Reception of Travellers, but do keep good Rule and Order therein according to the Purport of a Licence granted for selling Ale, Beer or other Liquors by Retail in the said House and Premises for One whole Year, commencing on the Tenth Day of October next, then this Recognizance to be void, or else to remain in full force.

SCHEDULE (B.)

AT a General Meeting of His Majesty's Justices of the Peace, acting in and for the

the

holden at
Day of

Division in the County of within the said Division, on One thousand eight hundred and for the Purpose of authorizing and empowering Per

sons to keep Common Inns, Alehouses or Victualling Houses, we,

being

of His Majesty's Justices of the Peace acting

in and for the said Division and County assembled at the said Meeting, do hereby authorize and empower

at the Sign of the

County aforesaid

in

in the Division and having produced the Certificate

required by Law to keep a Common Inn, Alehouse or Victualling House, and to utter and sell in the said House wherein

now dwelleth, called or known by the Sign of the and in the Premises thereunto belonging and not elsewhere, Victuals and all such exciseable Liquors as

shall be licensed and empowered to sell, under the Authority and Permission of any Excise Licence, which shall be duly granted by the Commissioners of Excise, or Persons to be appointed or employed by them for that Purpose, provided that the true Assize in Bread, Beer, Ale, Cyder and all other Liquors, be duly kept; and that the said

do not fraudulently dilute or adulterate the same, or sell the same knowing them to have been fraudulently diluted or adulterated, and do not use, in uttering and selling thereof, any Pots or other Measures that are not of full Size, and do not wilfully or knowingly permit Drunkenness or Tippling, or get drunk in House or other Premises, nor knowingly suffer any gaming with Cards, Draughts, Dice, Bagatelle or any other sedentary Game, House, or any of the Outhouses, Appurtenances or Easements thereto belonging, by Journeymen, Labourers, Servants or Apprentices; nor knowingly introduce, permit or suffer any Bull, Bear or Badger baiting, Cock fighting or other such Sport or Amusement, in any Part of Premises; nor

in

shall knowingly and designedly, and with a view to harbour and entertain such, permit or suffer Men or Women of notoriously bad Fame, or dissolute Girls and Boys, to assemble and meet together in House or any of the Premises thereto belonging; nor shall keep open House, nor permit or suffer any drinking or tippling in any Part of Premises, during the Hours of Divine Service on Sundays; nor shall keep open House or other Premises during late Hours of the Night or early in the Morning, for any other Purpose than the Reception of Travellers, but that good Order and Rule be maintained and kept therein; the Authority and Power hereby granted to continue in force for One whole Year, from the Tenth Day of October next, and no longer.

Signed

CA P. LXXVIII.

An Act to enable His Majesty to make Leases, Copies and Grants of Offices, Lands and Hereditaments, Parcel of the Duchy of Cornwall, or annexed to the same.

WHERE

[26th July 1822.] WHEREAS His most Excellent Majesty now stands seised of the Duchy of Cornwall, and the Possessions thereof: < And Whereas some Doubts may arise in relation to His Majesty's making of Leases and Grants of Offices, Lands and Heredita

Gg 3

'ments,

His Majesty may authorize

certain Persons to grant Leases,

and to execute Appointments.

Terms of
Leases.

A.D. 1822. 'ments, Parcel of His said Duchy, or thereunto annexed or belonging: For obviating whereof, and for the Ease and Quiet of the Minds of such Persons as have taken or shall hereafter take Leases from His said most Excellent Majesty, and to the End that such Persons may be sure to have good and indefeasible Estates, and be encouraged to lay out Monies in building and repairing, or otherwise improving the several Lands and Tene'ments to them demised or to be demised;' Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That during such Time as the said Duchy of Cornwall shall remain vested in His Majesty, it shall and may be lawful for His Majesty, from time to time, by Warrant under His Sign Manual, to be countersigned by any Three or more of the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland, to authorize such and so many of the regular Officers of the said Duchy who, by virtue of their several Appointments and Offices, are concerned in the general Superintendence and Management of the Revenues and Affairs of the said Duchy, being not more than Five and not less than Three in Number, as His Majesty may think fit, to demise, or lease, in His Majesty's Name and on His Majesty's Behalf, by Deed under the Hands and Seals of any Two or more of them, all and every the Manors, Messuages, Parks, Tenements, Lands and Hereditaments, Parcels of the Possessions of the said Duchy of Cornwall, or annexed to the same; provided that the Lessee or Lessees in such Leases respectively to be named, do and shall duly execute a Counterpart or Counterparts of the Lease or Leases so to be made to him, her or them respectively, and also to constitute and appoint, in His Majesty's Name and on His Majesty's Behalf, by Deed or other Instrument executed by any Two or more of them, all such Persons as shall be specially named by His Majesty to be Stewards Commissioners for assessing the ancient Duchy Lands and Tenements, or other Officers of the said Duchy, during His Majesty's Pleasure, and also to pass the Accounts of all Receivers, Bailiffs and Collectors, accounting for the Revenues of the said Duchy; and all such Leases or Grants so made or to be made of any Manors, Messuages, Parks, Tenements, Lands or Hereditaments, by virtue of such Warrant, shall be good and effectual in Law, according to the Purport and Contents thereof, against our Sovereign Lord the King, His Heirs and Successors, and against all and every other Person or Persons, that shall at any Time hereafter have, inherit or enjoy the said Duchy, by force of any Act of Parliament, or by other Limitations whatsoever: Provided always, that every such Lease or Grant so made or to be made of any Manors, Messuages, Parks, Tenements, Lands or Hereditaments, in Possession, be and shall be made for Three Lives or fewer, or for Three Years or under, or for some Term of Years determinable upon One, Two or Three Lives, and not above; and if any such Lease or Grant be made in Reversion or Expectancy, that then the same, together with the Estates in Possession, do not exceed Three Lives, or the Term of

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