agreements and covenants within mentioned on the part of the faid F. M. to be done and performed, according to the true intent and meaning thereof, and pursuant to the provisions of an act passed in the thirty-second year of the reign of King George the Third, intituled, An act for the further regulation of parish apprentices. In witness whereof we, the faid F. M. and N. M. have bereunto fet our hands, this

day of

We, two of his Majesty's justices of the peace above-
mentioned, do confent thereto.
Witness our hands,
this
day of

Ε.

I. P.
Κ. Ρ.

Preamble.

FORM of the like assignment, by a separate instrument.

County of

}

WHEREAS it appears unto us, I. P. and K. P. Stwo of his Majesty's justices of the peace for the faid county, whose names are fubfcribed to the confent hereunder written, that A. P. was bound an apprentice by the churchwardens and overseers of the poor of the parisfb of to F. M. of the same parisb, by indenture bearing date on or about day of until the faid A. P. should attain his age of twenty-one years. Now be it remembered, that the faid F. M. by and with the confent, &c. [and so, to the end, as before, mutatis mutandis.]

the

CAP. LVIII.

An act for the amendment of the law in proceedings upon information in nature of Quo Warranto.

W

HEREAS it would greatly tend to fecure the freedom of election, and the quiet, tranquillity, and good order of cities, boroughs, and towns corporate, if a certain reasonable limitation of time should be by law established, beyond which no member or officer of any city, borough, or town corporate, should be disturbed in the enjoyment or exercise of his office or franchise which he should have beld and enjoyed for fuch time: 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 af

From the ist sembled, and by the authority of the same, That, from and after day of Trinity the first day of Trinity term, in the year one thousand seven hundefendants to dred and ninety-three, it shall and may be lawful for the defeninformations dant or defendants to any information in the nature of a Qua in the nature Warrante, for the exercise of any office or franchise in any city, borough

3

exercise of any

borough, or town corporate, whether exhibited with leave of the of Quo War-
court, or by his Majesty's attorney general, or other officer of the ranto, for the
crown on behalf of his Majesty, by virtue of any royal preroga- office, may
tive or otherwise, and each and every of them feverally and re- plead the
fpectively, to plead that he or they had first actually taken upon holding it fix
themselves, or held or executed the office or franchise which is years or
the subject of such information, fix years or more before the ex-
more, &c.
hibiting of such information, such fix years to be reckoned and
computed from the day on which such defendant so pleading was
actually admitted and sworn into such office or franchise; which
plea shall and may be pleaded either singly, or together with and
befides such plea as he or they might have lawfully pleaded before
the paffing of this act, or such several pleas as the court on motion
shall allow; and if, upon the trial of such information, the issue
joined upon the plea aforesaid shall be found for the defendant or
defendants, or any of them, he or they shall be intitled to judge-
ment, and to fuch and the like costs as he or they would by law
have been intitled to, if a verdict and judgement had been given
for him or them upon the merits of his or their title.

II. Provided always, and be it enacted, That in every such Forfeiture of cafe the profecutor of such information may reply to such plea, office within 6 any forfeiture, surrender, or avoidance, by the defendant, of fuch years before information, office or franchise happening within fix years before the exhibi- maybe replied tion of such information, whereon the defendant may take ifssue, to fuch plea. and shall be intitled to costs in manner aforesaid.

affected on

was in the

III. And be it further enacted by the authority aforesaid, That Title derived if any perfon or persons against whom any fuch information as under an elecaforesaid shall be exhibited, shall derive title under an election, tion not to be nomination, swearing into office, or admiffion by any perfon or account of deperfons, the title of such perfon or persons against whom fuch in- fect in the title formation shall be exhibited, shall not be defeated or affected by of the perfon reason or on account of any defect in the title of such perfon or electing, if he perfons so electing, nominating, swearing into office, or admit- exercife of his ting, in case such perfon or persons under whom title shall be office 6 years derived as aforesaid was or were in exercise de fatto of the franchise previous to or office (in virtue of which he or they so elected, nominated, the informafworn in, or admitted) at a period fix years at least previous to the time of filing such information, and his or their title shall not have been, questioned by any legal proceeding carried on with

effect.

tion.

IV. And be it further enacted by the authority aforesaid, That Officer having the mayor, bailiff, sheriff, town clerk, or other officer of any cor- the custody of poration, having the custody of, or power over, the records of corporation the fame, shall, upon the demand of any person, being an officer permit any or member of fuch corporation, on the payment of one shilling, member permit such person, on any day or days except Christmas Day, thereof to inGood Friday, and Sunday, between the hours of nine in the morn-pect ing and three in the afternoon, to inspect the books and papers of freemen, wherein the admission or swearing-in of the freemen, burgesles, &c. on penalty or other members or officers of fuch corporation, shall be entered, of zool. and to have copies or minutes of the admision, or the entry of

:

fwearing-in of any one or more of such freemen, burgeffes, or other members or officers, upon paying fixpence for every one hundred words for writing the fame; and if such mayor, bailiff, sheriff, town clerk, or other officer, shall refuse or deny to any person, hereby intitled to demand it, the inspection of such books or papers, or to have copies or minutes thereof as aforesaid, fuch mayor, bailiff, sheriff, town clerk, or other officer shall, for every fuch offence, forfeit and pay the sum of one hundred pounds, together with full costs of fuit, to him, her, or them, who shall inform and fue for the fame within one year after such offence committed, by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Westminster, wherein no essoin, protection, wager of law, nor more than one imparlance, shall be allowed.

An act to amend so much of two acts, made in the twenty-fixth and twenty-ninth years of the reign of his late majesty King George the Second, as relates to the licensing of alehouse keepers and victu allers; and for better regulating alehouses, and the manner of granting fuch licences in future; and also of granting licences to perfons Selling wines to be drank in their houses.

W

Preamble.
HEREAS by an act, passed in the twenty-fixth year of the
reign of his late majesty King George the Second, intituled,
Provifions of An act for regulating the manner of licensing alehouses, in that
26 Geo.2.c.31. part of Great Britain called England, and for the more easy con-
fect. 3. and

victing persons selling ale and other liquors without licence, it
was amongst other things enacted, That if any licensed person should
die, or remove from an alehouse, it should be lawful for the person fuc-
ceeding to fuch house to keep on the faid alehouse during the refidue of
the term of fuch licence, on condition that, within thirty days after fuch
death or removal, fuch person shall obtain fuch certificate as in the faid
act is mentioned, to be figned by some neighbouring justice, in order to
its being produced at the general meeting in September; and if fuch
certificate should not be obtained and figned within the faid thirty days,
then, immediately from and after the expiration thereof, fuch licence
should be null and void: and whereas, by a certain other act, passed in
the twenty-ninth year of the reign of his faid late Majesty, intituled,

29Geo.2.0.12. An act for granting to his Majesty a duty upon licences for re-
fect. 23, 24.
tailing beer, ale, and other exciseable liquors; and for establishing
recited.
a method for granting such licences in Scotland, and for allowing
such licences to be granted at a petty session in England, in a cer-
tain cafe therein mentioned, it was amongst other things enacted
That if any person so licensed to fell ale, beer, or other excifeable liquor,
should die, or remove from the alehouse or other place wherein fuch
als, beer, or other liquor should, by virtue of fuch licence, be fold, it
should and might be lawful for the executors, administrators, and affigns
of fuch perfon dying or removing, who should be poffeffed of fuch house
or place, or the occupier thereof, to sell ale, beer, or other liquers
therein, during the residue of the term for which fuch licence should

T

have been granted to the person so dying or removing, without any certificate from any justice of the peace, or any new licence to be had or obtained in that behalf, any thing in the faid att made in the twenty-fixth year of the reign of bis late Majesty, or any other law, to the contrary thereof in anywise notwithstanding: and it was by the *faid alt further enacted, That in cafe any alehouse or victualling house, in that part of Great Britain called England, should become empty or unoccupied after the general day appointed for licensing (the occupier whereof was duly licensed the year preceding), it should be lawful for any two or more of his Majesty's justices of the peace, at a petty feffion. to grant a licence to any new tenant or occupier to open such house as an alehouse or victualling house, and to fell ale there till the next gene ral licensing day, so as the faid licence be ftamped as therein directed, fuch new tenant or occupier obtaining fuch certificate as is directed and prescribed in and by an act of parliament, made in the twenty-fixth year of his Majesty's reign, intituled, An act for regulating the manner of licensing alehouses in that part of Great Britain called England, and for the more easy convicting perfons felling ale, and other liquors, without licence: and whereas it is expedient that some other provision should be made respecting the continuance of the licences of alehouses or victualling houses, in cases of persons so dying or removing thereout as aforesaid, and that some further regulation should be made respecting the granting of licences for the fale of ale, beer, and other liquors, by retail, and for the better government of alehouses or victualling houses, in that part of Great Britain called England, the dominion of Wales, and the town of Berwick upon Tweed: be it therefore enacted by the King's most excellent majesty, by and with the advice and confent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the fame, That the above recited provifions in the Recited prosaid acts of the twenty-fixth and twenty-ninth years of his late visions repealMajesty's reign, so far as the fame relate to fuch parts of Great ed, fo far as Britain, shall be, and the fame are hereby repealed; and that, England, from and after the thirty-first day of July one thousand seven Wales, and hundred and ninety-two, if any person duly licensed to keep an Berwick upon alehouse, inn, victualling house, or to fell ale, beer, or other exciseable liquors, by retail, in any house within that part of Great From July 31, 1792, if aleBritain called England, the dominion of Wales, or the town of house-keepers Berwick upon Tweed, shall happen to die before the expiration of die or remove, such licence, or if any person so licensed, or the executors, admi- &c. before the expiration of niftrators, or affigns of any perfon dying fo licensed, shall remove their licences, from or yield up the poffeffion of fuch house in which fuch ale, new ones may beer, or other liquors shall by virtue of fuch licence be fold, and be granted to shall afsign such licence, or in case any such house shall become executors of empty or unoccupied, the late occupier whereof was duly licensed new tenants, at the last general licensing day in September, previous to the time licenfing day, such house became empty or unoccupied, then and in every such on certain cafe (except as herein is otherwise provided) it shall and may be conditions. lawful for two or more of his Majesty's justices of the peace for the county, riding, division, or place, at a petty feffions to be holden within and for the fame division in which fuch house shall

they relate to

Tweed.

till the next

be

1

:

Certificates

be situate, to grant a licence to the executors, administrators, or affigns of the person so dying, who shall be possessed of such house, or to any new tenant or occupier, upon such removal, or the house becoming empty or unoccupied as aforesaid, to open or continue open such house as an alehouse or victualling house, and to fell ale, beer, and other liquors aforesaid there till the next general licensing day, so as the faid licence be stamped as by the aforesaid statutes in that behalf is directed; or for the faid juftices, in their difcretion, to allow to such executors or adminiftrators, or other persons aforesaid, poffefsed of any fuch licence, to continue open such house for the purpose aforesaid, under and by virtue of such licence, until the expiration thereof, every such executor, administrator, or affign, and every such tenant or occupier, respectively, in every such case, obtaining, within thirty days after such death or removal, or after his or her entering upon the poffeffion of fuch house, and producing to the faid justices such certificate, and entering personally into fuch recognizance, with fuch sureties as is directed by the faid in part recited act of the twenty-fixth year of his said late Majesty, in respect to perfons to whom licences are to be granted by virtue of the faid act; which said certificate and recognizance, with the condition thereof fairly written or printed, and attested by the justices grant

and recogni

zances requir

ed by this act
to be fent to

the clerk of

the peace to

be recorded.

the general
licenfing
meetings to

ones, &c.

ing

or

allowing fuch licence, shall forthwith, or at the next general or quarter feffions of the peace at farthest after granting such licences, be sent or returned to the clerks of the peace, to be by them, or other persons acting as fuch, duly entered or filed amongst the records of the sessions of the peace.

II. Provided always, and be it further enacted by the authority In Middlesex aforesaid, That in the respective counties of Middlesex and Surrey, and Surrey, the justices assembled at the general licensing meetings holden for the juftices at the respective divisions within the fame, shall have full power and authority, and they are hereby directed and required to appoint not less than fix nor more than eight special days of meeting at appoint special different equal periods, as near as may be, in each year next en fuing fuch general licensing meetings; on which days it shall and may be lawful for two or more justices acting in and for the faid divisions, to meet and to grant or continue licences in the cases and in the manner and for the time herein-before mentioned; and the justices assembled at the faid general licenfing meetings are hereby directed and required to cause due notice to be given of the times and places at which such special meetings shall refpectively be holden.

at which they
III. And be it further enacted by the authority aforefaid, That
may grant to if any person so licensed as aforesaid, within the said counties of
licenfed per-
fons remov- Middlesex and Surrey, or the executors, adminiftrators, or affigns
ing, &c. and of any person dying so licensed, shall remove from fuch house, or
producing the yield up the pofieffion thereof in manner aforesaid, or in cafe any
neceffary cer- fuch house, within the respective counties aforesaid, shall be or
tificates, &c.
a continuance become empty or unoccupied, in manner aforesaid, then and in

of licences,
&c.

every fuch cafe, before fuch licence shall be continued, or a new licence granted to open or continue open any such house as an ale

e