and the Officer or Officers, Person or Persons, authorized by such Warrant, shall and may enter such Houses, Lodgings, Shops, Warehouses and other Places, and break open the Doors thereof, in cafe they be not forthwith opened upon Demand, and search for and seize all such distilled Sprituous Liquors as they shall there find, and detain the same until the Matter of the said Offence shall be heard and determined; and in case the Offender be convicted of such Offence, the Liquors so found shall be forthwith staved and destroyed as aforesaid, and if such Person shall not be convicted, then the same shall be restored.
Distiller, &c. selling &c. Liquors, to be unlawfully retailed or to unlicensed Retailers, to forfeit 10l, and treble the Value. XI. And be it enacted by the Authority aforesaid, That if any Distiller or other Person shall knowingly sell or deliver, or cause to be fold and delivered by his Servants or others, directly or indirectly, any Quantity of distilled Spirituous Liquors to any Person, to the end that the same may be unlawfully retailed, or unto any unlicensed Retailer of Spirituous Liquors, such Distiller or other Person shall forfeit and lose the Sum of ten Pounds, and also treble the Value of all such Spirituous Liquors so sold or delivered; Application of the Penalty one Moiety thereof to the King, his Heirs and Successors, and the other Moiety to such Person or Persons as will sue for the same, in any of his Majesty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland, by Action of Debt, Bill, Plaint or Information, wherein no Essoin, Privilege, Protection, Wager of Law, or more than one Imparlance shall be granted or allowed; Retailer discovering and convicting the Distiller, intitled to his share of the Penalty and indemnified. and if any Person guilty of retailing distilled Spirituous Liquors shall discover the Distiller or other Person who shall have knowingly supplied him with such Liquors as aforesaid, and shall prosecute such Distiller or other Person for the same, without Fraud or wilful Delay, until he be convicted thereof, such Prosecutor shall not only be intitled to his said Share of the Penalty, but shall also be indemnified against all Penalties and Forfeitures incurred by him before the Commencement of such his Prosecution, for selling Spirituous Liquors without Licence.
No Debt under 20s. for Spirituous Liquors, contracted at one Time, recoverable, &c. XII. And be it further enacted by the Authority aforesaid, That from and after the said first Day of July one thousand seven hundred and fifty-one, no Person or Persons whatsoever, shall be intitled unto or maintain any Cause, Action or Suit for, or recover either in Law or Equity, any Sum or Sums of Money, Debt or Demands whatsoever, for or on account of any Spirituous Liquors, unless such Debt shall have really been and bona fide contracted at one Time, to the Amount of twenty Shillings or upwards; nor shall any particular Article or Item in any Account or Demand for distilled Spirituous Liquors be allowed or maintained, where the Liquors delivered at one Time, and mentioned in such Article or Item, shall not amount to the full Value of twenty Shillings at the least, and that without Fraud or Covin; and where no Part of the Liquors so fold or delivered shall have been returned or agreed to be returned directly or indirectly; Retailer taking a Pledge for Liquors, to forfeit 40 s. and in cafe any Retailer of Spirituous Liquors, with or without a Licence, shall take or receive any Pawn or Pledge from any Person or Persons whatsoever, by way of Security for the Payment of any Sum or Sums of Money owing by such Person or Persons for such Spirituous Liquors or Strong Waters, every such Person or Persons offending herein shall forfeit and lose the Sum of forty Shillings for each and every Pawn or Pledge so taken in or received by him or them, to be levied and recovered by Warrant under the Hand and Seal of one Justice of the Peace where the Offence is committed; Application of the Penalty and that one Moiety thereof shall be to the Use of the Poor of the Parish where such Offence is committed, and the other Moiety to the Informer or Informers; Owner may recover his Pledge. and the Person or Persons to whom any such Pawn or Pledge doth or shall belong, shall have the same Remedy for recovering such Pawn, or the Value thereof, as if it had never been pledged.
No Licence to be granted for retailing Spirituous Liquors within Gaols, Houses of Correction or Workhouses. XIII. And be it further enacted by the Authority aforesaid, That no Licence shall be granted for the retailing of Spirituous Liquors within any Gaol, Prison, House of Correction, Work-house, or House of Entertainment for any Parish Poor, and that all Licences granted or to be granted, contrary to this Provision, shall be void and of no Effect from and after the said first Day of July one thousand seven hundred and fifty-one;
Keeper, &c. suffering Spirituuus Liquors to he used there, &c. and if any Gaoler, Keeper or Officer of any Gaol, Prison or House of Correction, or any Governor, Master or Officer of any Workhouse or House for the Entertainment of any Parish Poor, shall sell, use, lend or give away, or knowingly permit or suffer any Spirituous Liquors or Strong Waters to be sold, used, lent or given away, in any such Gaols, Prisons or Houses of Correction, or brought into the same; other than and except such Spirituous Liquors or Strong Waters as shall be prescribed or given by the Prescription and Direction of a regular Physician, Surgeon or Apothecary, and to be applied in pursuance of such Prescription, from the Shop of some regular Apothecary; {{LR sidenote|to forfeit 100l. every such Gaoler, Keeper, Governor, Master or other Officer, shall, for every such Offence, forfeit and lose the Sum of one hundred Pounds; one Moiety thereof to his Majesty, and the other Moiety thereof, with full Cofts of Suit, to such Person or Persons as will fue for the fame, in any of his Majesty's Courts of Re- cord at Westminster, or in the Court of Exchequer in Scotland, by Action of Debt, Bill, Plaint or Information; wherein no Essoin, Privilege, Protection, Wager of Law, or more than one Imparlance shall be granted or allowed; and for a second Offence, to forfeit his Office. and in case any such Gaoler or other Officer, being convicted thereof as aforesaid, shall again offend in like manner, and be thereof a second Time lawfully convicted, such second Offence shall be deemed a Forfeiture of his Office.
Justices, upon Information that Liquors are kept, &c. in such Houses, may enter and search,impower any Constable so to do, XIV. And be it further enacted by the Authority aforesaid, That from and after the said first Day of July one thousand seven hundred and fifty-one, it shall and may be lawful for his Majesty's Justices of the Peace, or any one of them, upon Information upon Oath, That any such Spirituous Liquors or Strong Waters are kept and disposed of in any such Gaol, Prison, House of Correction, Workhouse or House of Entertainment for Parish Poor, in Great Britain, to enter and search, or to authorize and impower any Constable, Headborough or other Peace Officer of the Parish where any such Places are situated, by Warrant under his Hand and Seal to enter and search any such Gaol, Prison, House of Correction,Work-
