he neglect to pay the forfeiture, the same shall be levied by warrant of distress (XII.) from the court, judge, or justices before whom the conviction shall be, and if not able to pay (XIII.) such proceedings may thereupon be had as the statutes in that behalf made do direct and require. Given under my hand and seal the in the year day of (XII.) The form of such warrant. To the constable of Monmouthshire. Whereas O O, of in the said county of bourer, was, on the day of la duly convicted before me JP, one of his majesty's justices of the peace in and for the said county, for that he the said O O, on the in the year ut the parish of · day of in the said county, was drunk contrary to the statutes in such case made and provided, whereby he hath forfeited the sum of 58. to the use of the poor of the said parish of · said justice did issue my warrant on the to the churchwardens of the parish of · and whereas I the day of aforesaid, to as demund and receive of and from the said O O, the said sum of 5s. and whereas it doth appear to me, as well on the oath of CW, one of the churchwardens of the said parish of otherwise, that they the said churchwardens did, on the day of demand the said sum of 5s. of and from the said 00: but that he the said O O refused to pay the same as aforesaid, and that the same is still unpaid: These are thereJore to command you forthwith to levy the said sum of 5s. by distraining the goods of him the said O O; and if within the space of six days next after such distress by you taken, the said sum, together with reasonable charges for taking and keeping the said distress, shall not be paid, that then you do sell the said goods so by you distrained as aforesaid, and out of the money arising by such sale, that you do pay the said sum of 58. to the churchwardens of the said parish of -for the use of the poor of the said parish, rendering to him the said 00 the overplus upon demand, the necessary charges of taking, keeping, and selling the said distress, being first deducted. And if the said O O be not able to pay the said sum of 5s. and sufficient distress cannot be found whereby the said sum may be levied, that you certify the same to me, together with the return of this warrant. Given under my hand and seal this day of (XIII.)The constable's return on the back of the above warrant. Monmouthshire, CC, constable of to wit. in the said county Such offender, shall be committed to the stocks, (XIV.) there to r remain for the space of six hours, s. 2. And if any constable or other officer do neglect the correction of the offender, or the levying of the penalties, he shall forfeit 10s. to the poor, to be levied by any other person, having warrant from any mayor, bailiff, head officer, justices of the peace, of court where such conviction shall be, and to be paid to the churchwardens who are to account for the same. s. 3. Any person once convicted of drunkenness, being again con- Second offence. victed, shall be bound with two sureties to the king, in one re cognizance of 107. to be of good behaviour. s. 6. All offences in this act, and 1 Jac. 1. c. 9, may be inquir ed of, and presented before the justices of assize in their cir. cuits, justices of peace in their sessions, and before mayors, day of Whereas O 0, of bourer, was on the la in the said county of JP, one of his majesty's justices of said county, for that he the said O O, on the-day of · at the parish of in the said county, in the year The preceding forms of proceedings may be adopted in the recovery of the penalty for suffering tippling, stating the offence to be, That 0 0, of, &c. victualler, did upon the day of permit and suffer F 1, and I I, both of remain and continue drinking and tippling in the alehouse kept by him the suid O O, in the parish of in the said town ઈ in the county of contrary to the statutes, &c. One justice may convict of drunkenness. Alehouse keepers tippling or getting drunk. The confession of parties dues not preclude their giving evidence against other offenders. bailiffs, or other head officers in cities and towns corporate, who may inquire of trespasses, and in every court leet. s. 5. All constables, church-wardens, headboroughs, tithingmen, ale-couners, and sidesmen, shall in their oaths, incident to their offices, be charged to present offences contrary to this statute, (or, 1 Jac. 1. c. 9.) 4 Jac. 1. c. 5. s. 7, and 21 Jac. 1. c. 7. s. 5. Also by 21 Jac. 1. c. 7, any justice in any county, and any jus tice or other head officer in any city or town corporate, may, upon his own view, confession of the party, or proof, of one witness on oath, convince any person of drunkenness, whereby such person shall forfeit 5s. and for the second offence he shall become bound to good behaviour, as if convicted in open sessions. s. 3. And if any alehouse-keeper shall be convict for any offence against any of the branches of either 1 Jac. 1. c. 9. or 4 Jac. 1. c. 5, he shall for the space of three years after conviction be disabled to keep any such alehouse. s. 4. Also after confession the oath of the party offending shall be sufficient proof against any other offending at the same time, s. 1. 2. But the act 4 Jac. 1. c. 5, concerning drunkenness, is not to restrain the ecclesiastical jurisdiction; but an offender against that act once punished by any the ways before mentioned, shall not be punished again by any other ways or means. 4 Jac. 1. c. 5. s. 8. 9. Penalty on alebouse-keepers permitting ser- By 30 Geo. 2. c. 24, if any person licensed to sell any sorts of Tants to game. liquors, shall knowingly suffer any gaming with cards, dice, draughts, shuffle-boards, Mississippi, or billiard tables, skittles, nine-pins, or with any other implement of gaming in his house, outhouse, grounds, or apartments, thereunto belonging, by any journeymen, labourers, servants, or apprentices, and be convict ed on confession, or on the oath of one witness, before any justice of the peace for the county or place wherein the offence is cominit ted within six days after such offence, he shall for every such first offence forfeit 40s. ; and for every like offence which he shall be afterwards convicted of, he shall forfeit 10. all which sums so forfeited shall be levied by distress and sale of the offender's goods, by warrant from the justice before whom convicted, which warrant every such justice is to grant: and three fourths of all sums so forfeited shall be paid to the churchwardens of the parish in which the offence is committed, for the use of the poor; and the other fourth part to the person on whose information the party offending is convicted. s. 14. IX. Alehouse-keepers suffering gaming by servants. Penalty on servants gat ig. And if any journeyman, apprentice, or servant,shall game in any house, outhouse, ground, or apartments thereto belonging, wherein aay spirituous liquors are sold, and complaint be made on oath before a justice, such justice shall issue his warrant to some con stable, tithingman, head borough, or other peace officer of the parish wherein the offence is charged, or where the offender resides, to apprehend and carry such offender before some jusfice acting for the county where the offence is committed, or the offender resides; and if the person apprehended be convicted by the oath of one witness, or on confession, he shall forfeit not exceeding 20s. nor less than 58. as the justice shall think fit, every time he shall be convicted; one fourth to the informer, and the other three fourths to the overseers of the poor, for the use of the poor of the parish wherein the offence is committed : and if the party convicted shall not forthwith pay the sum so forfeited, such justice shall by warrant commit such offender to the house of correction or some other prison of the county, to be kept to hard labour for not exceeding one mouth, or until he pay the money forfeited. s. 10. Any justice, upon complaint made to him, upon oath, of any One justice offence against this act, shall issue his warrant for bringing be. may determine fore him, or some other justice, the person charged with such offences. offence; and the justice before whom such person shall be brought is to hear such complaint, and proceed to judgment and conviction; and if it appear by the oath of any person to the satisfaction of such justice, that any person within the jurisdiction of such justice can give evidence on behalf of the prosecutor, or of the person accused, and who will not voluntarily appear to ire evidence, such justice is to issue his summons, to convene every such person before him to be examined upon oath concerning the premises, and if any person so summoned neglect to appear, and no just excuse be offered, then (after proof by oath of such summons having been duly served) such justice is to ne his warrant to bring such witness before him, and on the appearance of such witness such justice is to examine upon oath such witness, and if such witness refuse to be examined on oath, without offering any just cause for such refusal, such justice may commit every person so refusing to the public prison of the toty, for not exceeding three months and if such justice the evidence of such witness material, such justice may ind over such witness, unless a feme-covert or one under the geof twenty-one years, by recognizance, in a reasonable penalty, appear and give evidence at the next general or quarter sesof oyer and terminer. s. 16. Any inhabitant of the place in which the offence is committed Witness. ay be a witness notwithstanding. s. 18. The justice before whom any person shall be convicted, as pre- Conviction. ribed by this act, shall cause such conviction to be drawn in the farm following, viz. To wit} Appeal. BE il remembered, that on this in the day of year of his majesty's reign, A B is one of his majesty's justices of the peace for ~~ [or, for the Riding or di, or, for the city, liberty, or as the case shall be for and the said county of town of the said do adjudge him to pay and forGiven under the feit for the same, the sum of No certiorari shall be granted to remove any indictment, conviction, or other proceedings, in pursuance of this act. s. 20. If any person convicted of any offences punishable by this act, shall think himself aggrieved by the judgment of the justice before whom he is convicted, such person may appeal to the next general or quarter-sessions: and the execution of the judgment shall be suspended, the person convicted entering into a recognizance at the time of conviction, with two sureties, in double the sum which he has been adjudged to forfeit, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determination of the justices in sessions which recognizance the justice before whom such conviction shall be, is to take, and the justices in sessions are finally to determine the appeal, and to award such costs as to them shall appear just, to be paid by eithe: party; and if upon the hearing of the appeal the judgment of the justice be affirmed, such appellant shall immediately pay the sum adjudged, with such costs as the justices in sessions shail award; or, in default of making such payments, shall suffer the pains and penalties by this act inflicted upon persons who neglect to pay the forfeitures. s. 21. No person by this act punished shall for the same offence be punished under any other law. s. 22. X. Quartering of Soldiers. By 3 Car. 1. c. 1, (the petition of right) the people shall not be burthened to suffer soldiers and mariners to sojourn in their houses against their wills. And by 31 Car. 2. c. 1, no officer, military or civil, nor any other person, shall presume to quarter any soldier upon any subject or inhabitant of this realm without his consent; and it shall be lawful for every such subject and inhabitant to refuse |