Duty on fuch

Licences fhall be
paid to the Head
Office, or to the
Collectors.

Duration of Licence; 10th October yearly.

Time of taking out Licences, in certain Cafes of Charters, &c.

Licences fhall be
renewed within

Ten Days after
Expiration.

Penalty 301.

Executors and Affignees may have the Benefit

of Licences.

Two Shillings, to be applied and accounted for as herein-after

directed.

III. And be it further enacted, That the Duty by this Act directed to be paid for fuch Licences, fhall be paid at fuch Places, or to fuch Perfons as are herein-after in that Behalf respectively mentioned; (that is to fay) For Licences which fhall be taken out within the Limits of the Chief Office of Excife in London, the fame shall be paid at the Chief Office of Excife in London; and for Licences which fhall be taken out within the Limits of the City of Edinburgh, the fame shall be paid at the Chief Office of Excise in Edinburgh; and for Licences which shall be taken out in any Part of Great Britain, not within the faid respective Limits, the fame fhall be paid to the refpective Collectors of Excife granting fuch refpective Licences; and all Licences which fhall be granted under and by virtue of this Act, to any Perfon or Perfons, to fell Beer and Ale by Retail, and Cyder and Perry, to be drank or confumed in his, her, or their House or Premifes, fhall remain and continue in force until and upon the Tenth Day of October next enfuing the Time of granting thereof, and no longer.

IV. Provided always, and be it further enacted, That in all Cafes where the Licence or Authority granted by any Juftices of the Peace or Magiftrates, or other competent Perfons, to any Perfon or Perfons to keep a Common Inn, Ale Houfe, or Victualling Houfe, fhall under or in pursuance of any Charter, Cuftom, or Ufage, be iffued at any Time of the Year except in the Month of September, and terminate or expire at any Time of the Year except in the Month of September, then and in every fuch Cafe the Excife Licence required by this Act to be taken out for the Sale of Beer, Ale, Cyder, or Perry, fhall be taken out within Ten Days next after the Date of the faid Licence or Authority of the Juftices of the Peace, Magiftrates, or other competent Perfons, and fuch Excife Licence fhall continue in force for Twelve Calendar Mouths next enfuing the Date of the Commencement thereof, any Thing in this Act to the contrary in anywife notwithstanding.

V. And be it further enacted, That no Perfon or Perfons fhall fell any Beer or Ale by Retail, or any Cyder or Perry, to be drank or confumed in his, her, or their Houfe or Premises, after the Expiration of fuch his, her, or their Excife Licence, unlefs fuch Perfon or Perfons fhall take out a fresh Licence, for the faid Purposes, in the Manner herein-before directed within Ten Days after the Expiration of fuch former Licence, and fo in like Manner renew every fuch Licence from Year to Year; or if any Perfon or Perfons fhall fell any Beer or Ale by Retail, or any Cyder or Perry, to be drank or confumed in his, her, or their Houfe or Premifes, without firft taking out an Excife Licence, authorizing him, her, or them fo to do, or without renewing the fame as is herein in that Behalf directed, he, she, or they fhall, for every fuch Offence, forfeit the Sum of Fifty Pounds.

VI. And be it further enacted, That upon the Death of any Perfon fo licensed, or upon the Removal of any Perfon or Perfons fo licensed from the entered Houfe or Premifes in which fuch his, her, or their Excife Licence shall authorize him, her, or them to fell Beer or Ale by Retail, or Cyder or Perry, to be drank or confumed in his, her, or their Houfe or Premises, it fhall be lawful for the Commiffioners of Excife in England and Scotland refpectively for the Time

1

being, or any one or more of them, and to and for the feveral Collectors and Supervifors of Excife in England and Scotland refpectively, within their refpective Collections and Districts, upon the Production of a Certificate of a Justice of the Peace or Magiftrate or other competent Perfon, given after the Death or Removal of the former Occupier of the Houfe or Premifes, approving of the Perfon or Perfons to whom fuch Certificate fhall be given, to authorize and empower fuch Perfon or Persons in like Manner to fell Beer and Ale by Retail, or Cyder and Perry to be drank and confumed in his, her, or their Houfe or Premises, in the fame Houfe or Premifes where fuch Perfon fo licensed by virtue of fuch Excife Licence carried on fuch Trade, during the Refidue of the Term for which fuch Licence was originally granted, without taking out a new Excife Licence during the Refidue of the faid Term: Provided always, that Perfons trading in Partner. fhip, and in One Houfe or Premifes only, fhall not be obliged to take out more than One Excife Licence to fell Beer and Ale by Retail, or Cyder and Perry, to be drank or confumed in his, her, or their Houfe or Premifes, in any One Year; and that no One Licence which fhall be granted by virtue of this Act fhall authorize or empower any Perfon or Perfons to fell Beer or Ale by Retail, or Cyder or Perry, to be drank and consumed in his, her, or their Houfe or Premises, iu any other Houfe or Premifes, than the House or Premifes in which he, fhe, or they fhall fell or have fold Beer or Ale, or Cyder or Perry, at the Time of granting fuch Licence.

VII. Provided always, and be it further enacted, That neither His Majefty's Commiffioners of Excife in England or Scotland refpectively, nor any Persons who fhall be appointed or employed by the faid Commiffioners in England, to grant Licences to Perfons for felling Beer or Ale by Retail, or Cyder or Perry, to be drank or confumed in the Houfe or Premifes of the Perfon or Perfons applying for fuch, Licence, nor any of the Collectors or Supervifors of Excife, fhall grant or deliver any Licence to fell Beer or Ale by Retail, or Cyder or Perry, to be drank or confumed in the House or Premifes of the Perfon or Perfons applying for fuch Licence, or any Licence to fell Spirituous Liquors or trong Waters or Wine or Liquors by Retail to any Perfon or Perfons who fhall not produce a Licence or Authority granted to him, her, or them in due Form of Law, by Juftices of the Peace or Magiftrates, or other competent Perfons, to fuch Perfon or Perfons to keep a common Inn, Ale Houfe, or Victualling Houfe, and every fuch Licence or Authority shall be in the Form following; videlicet,

Ta General Meeting

County of } AT

within the faid

the

holden at on the

Licences fhall not be granted except to Perfons allowed by Magiftrates.

Day of

for Form of Magiftrate's Allowance.

for the Purpose of authorizing and empowering • Perfons to keep common Inns, Ale Houfes, or Victualling Houfes,

• We

being His Majefty's Juftices of the Peace for the or Magiftrates of [as the Cafe may be do hereby authorize and empower, A. B. at the Sign of

• in the

in the

of

aforefaid, to keep a common Inn, Ale House, or Victualling Houfe, and to utter and fell in the House in which he now dwelleth, and in the Premifes thereunto belonging, and not elsewhere, Victuals, and all fuch Excifeable Liquors as he

' fhall

Saving for
Regulations as
to Licences by
Magitirites, in

fhall be licensed and empowered to fell under the Authority and
• Permission of any Excife Licence which fhall be duly granted by
the Commiffioners of Excife, or Perfons to be appointed or employed
by them for that Purpose, or by any Collector and Superviforof Ex-
cife refpectively, provided that the true Aflize in Bread, in Beer,
Ale, Cyder, and all other Liquors, be duly kept, and that no un-
lawful Game or Games, or any Drunkennefs or other Disorder, be
fuffered in his Houfe, Yard, Garden, or Premifes, but that good
• Order and Rule be maintained and kept therein, according to the
Laws of this Realm in that Behalf made: The Authority a..d
Power hereby granted to continue in force for One whole Year from
the
Day of
and no longer. Signed.'

VIII. Provided always, and be it further enacted, That nothing in this Act fhall extend or be conftrued to extend to repeal or alter or in any Manner to affect any Law or Laws or any Provifion in Curporations, &c. any Charter or Charters or any Privilege of any City or Town Corporate or of any Univerfity now in force, or lawfully ufed or exercifed, in relation to the granting of Licences by any Juftices, Magillrates, or other Perfons authorized by Law to grant Licences for Perfoas keeping common Inns, Ale Houles or Victualling Houfes; or in relation to the taking of any Recognizances upon granting of any fuch Licences, or requiring or doing any other Act, Matter, or Thing relating to any fuch Licences: Save and except as to the Payment of Duties and Form of Licence as aforefaid, or to repeal or alter any Act or Acts of Parliament as to the Sale of Table Beer at a Price not exceeding Three Halfpence per Quart.

Clerks to Juftices
may take Fees
as heretofore.

Perfons difabled from keeping Ale Houfes by Conviction, thall thereby forfeit

Licence under this Act.

Recovery and Application of Fenalties.

"Licences granted before Odober 10, 1808, fhall continue in full "Force for the Term for which granted. § 9."

X. And be it further enacted, That nothing in this A&t contained shall extend to diminish or alter any Fees heretofore lawfully taken and received by any Clerks of any Juftices or Magiftrates; but it fhall be lawful to continue to demand and take fuch and the like Fees, and no other or different Fees, for Licences to keep any com. mon Inn, Ale Houfe, or Victualling Houfe, as have heretofore been taken by fuch Clerks in that Behalf.

XI. And be it further enacted, That every Perfon having any Licence to keep a common Iun. Ale Houfe, or Victualling Houfe, who fhall be difabled by any Conviction from keeping a common Inn, Ale Houfe, or Victualling Houfe, faal! alfo by fuch Conviction be difabled from felling any Beer or Ale by Fetail, or Cyder or Perry, to be drank or confumed in his, her, or their Houfe or Premifes, under any Excife Licence obtained for fuch Purpofes; and every fuch Excife Licence fhall from the Time of fuch Conviction be null and void to all Intents and Purpofes; and in all Cafes of Profecution of any fuch Perfons, whofe Excife Licences fhall have become null að void by fuch Conviction, a Certificate from the Clerk of the Peace, or Perfon acting as fuch, of any fuch Conviction, fhall be legal Evidence; which Certificate fuch Clerk of the Peace, or other Perion, is hereby authorized and required to grant on demand, without Fe or Reward.

XII. And be it further enacted, That all Fines, Penalties, and Forfeitures impofed by this Act, fhall be fued for, recovered, levied, or mitigated by fuch Ways, Means, or Methods as any Fine, Penalty,

or

or Forfeiture may be fued for, recovered, levied, or mitigated by any Law or Laws of Excife, or by Action of Debt, Bill, Plaint, or Information, in any of His Majefty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland refpectively; and that One Moiety of every fuch Fine, Penalty, or Forfeiture fhall be to His Majefty, His Heirs and Succeffors, and the other Moiety to him or them who fhall inform, difcover, or fue for the fame.

"Powers of former Excife Acts extended to this A&t. § 13. Duties "fhall be carried to Confolidated Fund of Great Britain. § 14.”

CA P. CXLIV.

An Act for the more effectual Protection of Oyfter Fisheries and the Brood of Oyfters in England.

<

[2d July 1808.]

HEREAS an A&t of Parliament paffed in the Thirty-firft 31 G. 3. 4. 51.
Year of the Reign of His prefent Majefty, intituled, An A&

for better protecting the feveral Oyfler Fisheries within this Kingdom :
And whereas the Provifions of the faid Act have been found inade-
quate to the Protection of the Oyster Fisheries of this Kingdom:
And whereas Doubts have arifen, fince the paffing of the faid Act,
whether the taking Oyfters or Oyster Brood from any Oyster Bed
or Laying, or from any Oyfter Fishery, can under any Circumftances
be deemed Felony, and punishable as fuch. And it is therefore ex-
pedient and receflary that more effectual Provifion fhould be made
for the Protection of the Oyfter Fisheries, and for removing fuch
Doubts as aforefaid: May it therefore please Your Majefty that it
may be declared and enacted;' and be it declared and enacted by
the King's moft Excellent Majefty, by and with the Advice and Con-
fent of the Lords Spiritual and Temporal, and Commons, in this
prefent Parliament affembled, and by the Authority of the fame, That
every Perfon who shall at any Time after the First Day of August One
thousand eight hundred and eight, knowingly and wilfully fteal, take,
and carry away any Oyfters or Oyster Brood from any Oyfter Bed, or
Oyfter Laying, or Oyster Fishery, being the Property of any Perfon
or Perfons or Body or Bodies Politick or Corporate, and fufficiently
marked out as fuch, fhall be deemed guilty of Felony, and fhall and
may be tranfported for any Term not exceeding Seven Years, or be &c.
imprifoned and kept to hard Labour in any Common Gaol or House
of Correction, or Penitentiary Houfe, or imprifoned only for any
Term, not exceeding Three Years, as the Court before whom any
fuch Perfon fhall be convicted may adjudge.

II. Provided always, and be it further enacted, That nothing in this Act contained fhall extend or be conftrued to extend to fubject or make liable any Perfon or Perfons to the Penalties of this Act who fhall take or carry away any Oyfter or Oyfter Brood from any Oyster Bed, Oyster Laying, or Oyfter Fishery, wherein fuch Perfon or Perfons fhall have or claim to have a Right to take and carry away fuch Oyfters, or Oyfter Brood.

III. And whereas Doubts may arise in what Parish or County any Oyfter Beds, Layings, or Fisheries are fituated, and on that Account Difficulties may occur in bringing Offenders to Justice;' be it therefore further enacted, That it fhall be fufficient in dictment under this Act, or under the faid recited Act 4

any

In

Penalty on
Perfons ftealing
Oysters or Oyfter

Brood from
Oyster Beds,

Felony,
punishable by
Tranfportation,

Provifo for
Perfons claiming
Right.

Parish neod not be named in Indictments, and Offence may be laid in the

of the

Thirty

County where
Indictment is

preferred.

Juftices for

Thirty-first Year aforefaid, to describe, either by Name or other. wife, the Bed, Laying, or Fifhery in which the Offence fhall have been committed, without ftating the fame to be in any particular Parish; and where the Offence is committed on the Border of any County, fo as to make it difficult to ascertain the County, fuch Offence may be ftated to have been committed in the County in which the Indictment fhall be preferred, being either the County in which the Offence was committed, or the adjoining County.

IV. And whereas it is doubtful whether Juftices of the Peace for Towns Corporate, Boroughs, or other Places, and not being • Counties of themselves, and having fpecial or exclufive Jurifdictions, can act by virtue of the Statute of the Thirty-first Year aforefaid,” be it therefore enacted and declared, That it fhall be lawful for fuck Towns, &c. may Justices to act in all Cafes arifing within their respective Jurifdictions in like Manner as any Juftice of the Peace for any County, Riding, or Divifion may act for fuch County, Riding, or Divifion, in the Execution of the faid Act, or of any Law for protecting the Oyster Fisheries, and Broods of Oyfters.

act as Juftices

for Counties.

V. And be it further enacted, That nothing herein contained fhall extend, or be conftrued to extend, to repeal any of the Pro vifions of the faid Act of the Thirty-firft Year aforefaid, except fo far as the fame refpect the ftealing and taking of Oysters from any Oyster Bed, Laying, or Fishery.

CA P. CXLV.

An Act for enabling His Majefty to grant Annuities to the
Judges of the Courts of Seflion, Jufticiary, and Exchequer in
Scotland, upon the Refignation of their Offices.

[2d July 1808-]
HEREAS by an Act, paffed in the Thirty-ninth Year of
the Reign of His prefent Majefty, intituled, An Ad for the
Augmentation of the Salaries of the Judges in the Courts in Weft-
minster Hall, and alfo of the Lords of Seffion, Lords Commiffioners of
Jufticiary, and Barons of Exchequer, in Scotland, and for enabling
His Majefly to grant Annuities to Perfons in certain Offices in the
faid Courts of Weftminfter Hall, on the Refignation of their respective
Offices, it is enacted, That it shall and may be lawful for His Majefty,
His Heirs and Succeffors, to give and grant unto any Perfon who
may have executed the Office of Chief Juftice of the Court of
King's Bench, or fhall have executed the Office of the Master of
the Rolls, Chief Juftice of the Common Pleas, or Chief Baron of
the Exchequer, or of Puifne Judge of the Court of King's Bench
or Common Pleas, or of Baron of the Coif of the Court of Ex-
chequer refpectively, certain Annuities therein mentioned, upon the
Refignation of their feveral Offices: And whereas by the faid in
part recited Act, paffed in the Thirty-ninth Year of the Reign of
His prefent Majelty, it is further enacted, that the Succeffor of
every fuch Perfon fo dying or refigning fhould be entitled to have
and receive from all Perfons whatfoever, fuch Salaries and Profits
as fhould arife and become due from the Death or Resignation of his
Predeceffor, in like Manner as if his Patent had borne Date the Day
next fubfequent to the Day of the Death or Refignation of his Pre-
'deceffor: And whereas it is reasonable and expedient that Annuities

• should