2. Allowing Consumption of Liquors. Knowingly allowing the consumption of exciseable liquors therein by the persons resorting thereto (8 & 9 Vict. c. 109, s. 12, and Sched. 3; B. J. P. Supp. 96). Procedure, Penalty, &c.-Same as against licensed victuallers for offences against the tenor of their licences, (see title "Alehouse" "Public Houses," pp. 6, 7, 8, 9) (8 & 9 Vict. c. 109, s. 12). 3. Suffering unlawful Games. Knowingly suffering any unlawful games (z) therein (8 & 9 Vict. c. 109, s. 12, and Sched. 3; B. J. P. Supp. 96). Procedure, Penalty, &c.-Same as against licensed victuallers for offences against the tenor of their licences (see title “Alehouse" "Public Houses," pp. 6, 7, 8, 9) (8 & 9 Vict. c. 109, s. 12). 4. Suffering Bad Characters to assemble. Knowingly suffering persons of notoriously bad character to assemble and meet together therein (8 & 9 Vict. c. 109, s. 12, and Sched. 3; B. J. P. Supp. 96). Procedure, Penalty, &c. Same as against licensed victuallers for offences against the tenor of their licences (see title "Alehouse" "Public Houses," pp. 6, 7, 8, 9) (8 & 9 Vict. c. 109, s. 12). 5. Keeping House open at prohibited Times. Keeping of the house open (or allowing any person to play therein or at such table, &c. (see supra," General Offences," No. 3, p. 46), at any of the times or on any of the days during which such play is not allowed by the act (8 & 9 Vict. c. 109, s. 13; B. J. P. Supp. 96). Procedure, Penalty, &c.-Same as against licensed victuallers for offences against the tenor of their licences (see title "Alehouse" "Public Houses,” pp. 6, 7, 8, 9) (8 & 9 Vict. c. 109, s. 12). 6. Not maintaining Order. Not maintaining good order and rule therein (8 & 9 Vict. c. 109, s. 12, and Sched. 3; B. J. P. Supp. 96). Procedure, Penalty, &c. - Same as against licensed victuallers for offences against the tenor of their licences (see title "Alehouse" "Public Houses," pp. 6, 7, 8, 9) (8 & 9 Vict. c. 109, s. 12). 7. Refusing to admit Constable. Refusing to admit or not admitting any constable or officer of justice into the house, room or place (where any public table or board is kept for playing at billiards) (8 & 9 Vict. c. 109, s. 14; B. J. P. Supp. 96). Procedure Penalty, &c. Same as against licensed victuallers for offences against the tenor of their licences (see title "Alehouse" "Public Houses,” pp. 6, 7, 8, 9) (8 & 9 Vict. c. 109, s. 12). (z) See note (b), ante, p. 20. III. OFFENCES BY OTHER PERSONS. 1. Clerk to Justices demanding or receiving more than proper Fee. Any clerk (to justices) demanding or receiving for fees from any person for a licence for billiards, &c.) more than the sum of six shillings (8 & 9 Vict. c. 109, s. 10; B. J. P. Supp. 95). Procedure.-Summons, or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); one justice (8 & 9 Vict. c. 109, s. 10). Penalty.-£5 (Id.) Recovery.-Distress (11 & 12 Vict. c. 43, s. 19) (a). Bodies (see tit. “Burial”). Bread (b). 1. Selling Bread not by Weight. Any baker or seller of bread selling or causing to be sold bread (c) in any other manner than by weight (6 & 7 Will. 4, c. 37, s. 4; 1 B. J. P. 432). Procedure.-Summons (Id. s. 18), or warrant upon information on oath (11 & 12 Vict. c. 43, s. 2), within 48 hours after offence, or within such reasonable time as to the justice shall seem fit (6 & 7 Will. 4, c. 37, s. 31); one justice (d) (Id. s. 17). Penalty (e).-Not exceeding 40s. (Id. s. 4). Recovery.-Distress: in default, imprisonment not exceeding 1 calendar month, with or without hard labour, unless sooner paid (Id. s. 17). Appeal (Id. s. 25). 2. Not using Avoirdupois Weight. Any baker, &c. (as No. 1, above), using any other than the avoirdupois weight (f), and the several gradations of the same (6 & 7 Will. 4, c. 37, s. 5 ; 1 B. J. P. 432). (a) See note (ƒ), p. 2. (b) The statute 6 & 7 Will. 4, c. 37, is a general act, and relates to baking bread out of the city of London and the liberties thereof, and beyond the weekly bills of mortality and ten miles of the Royal Exchange. The 3 Geo. 4, c. cvi, which relates to baking bread within these limits, is a local act, but its provisions are nearly the same as those of the first-mentioned statute. (c) The act does not extend to bread usually sold under the denomination of French or fancy bread or rolls (6 & 7 Will. 4, c. 37, s. 4). (d) No miller, mealman or baker shall act as a justice under this act, upon forfeiture of £100, to be recovered by action (sect. 15). (e) Sect. 13 contains a proviso, that if any person, who has been charged with an offence under the act and paid the penalty, shall make complaint to a justice, and make it appear by the oath of a credible witness that such offence was occasioned by or through the wilful act, neglect or default of any journeyman or other servant employed by or under such person, the justice may issue his warrant to bring such journeyman, &c., before him or some other justice, and if the complaint is proved an order may be made upon such journeyman, &c., to pay a reasonable sum of money to his master by way of recompence; and such journeyman, &c., in default of immediate payment, may be committed for not exceeding 1 calendar month nor less than 10 days, with hard labour, unless the money shall be sooner paid. (f) Sixteen ounces to the pound (sect. 5). Procedure.-Summons (6 & 7 Will. 4, c. 37, s. 18), or warrant upon 3. Having false Scales and Weights in Shops. Any baker, or seller of bread, having or using any incorrect or false beam or scales or balance, or any false weight not being of the weight it purports to be, according to the standard in the Exchequer (6 & 7 Will. 4, c. 37, s. 6; 1 B. J. P. 432). Procedure.-Summons (Id. s. 18), or warrant upon information on oath (11 & 12 Vict. c. 43, s. 2), within 48 hours after offence, or within such reasonable time as to the justice shall seem fit (6 & 7 Will. 4, c. 37, s. 31); one justice (f) (Id. s. 17). Penalty. Not exceeding £5 (for every such false beam and scales and balance, or false weight) (g) (Id. s. 6). Recovery.-Distress: in default, imprisonment not exceeding 1 calendar month, with or without hard labour, unless sooner paid (Id. s. 17). Appeal (Id. s. 25). 4. Not providing Scales, &c., when Bread sent out in Carts; or refusing to weigh. Any baker, or seller of bread, or his journeyman, servant or other person carrying out or delivering any bread without being provided with [a correct] beam and scales, with proper weights, or other sufficient balance; or whose weights shall be deficient in their due weight according to their standard in the Exchequer; or refusing to weigh any bread purchased of him or delivered by his journeymen, &c., in the presence of the person purchasing or receiving the same (h) (6 & 7 Will. 4, c. 37, s. 7; 1 B. J. P. 432). Procedure.-Summons (Id. s. 18), or warrant upon information on oath (11 & 12 Vict. c. 43, s. 2), within 48 hours after offence, or within such reasonable time as to the justice shall seem fit (6 & 7 Will. 4, c. 37, s. 31); one justice (ƒ) (Id. s. 17). Penalty. Not exceeding £5 (Id. s. 7). (f) See note (d), p. 48. (g) Sect. 6 enacts “that every baker, &c., shall cause to be fixed in some conspicuous part of his shop, on or near the counter, a beam and scales with proper weights or other sufficient balance, &c., and in case any such baker, &c., shall neglect to fix such beam and scales, or other sufficient balance, &c., or to provide and keep for use proper beam and scales and proper weights, or shall have or use any incorrect or false beam or scales or balance, or any false weight not being of the weight it purports to be, according to the standard in the Exchequer, then, and in any such case, he shall, for every such false beam and scales and balance, or false weight, forfeit and pay, &c." As the penalty is imposed only in respect of the use of false scales or weights, the other offence specified, of not fixing or keeping for use a beam and scales with proper weights, cannot be dealt with summarily, but the offender can be punished only by indictment. (h) The penalty attaches if a baker refuses to weigh bread purchased of him in his shop, as well as from any cart or carriage employed by him to convey or carry out bread for sale. R. v. Kingsley, 16 L. T. 408. E Recovery.-Distress: in default, imprisonment not exceeding 1 calendar month, with or without hard labour, unless sooner paid (6 & 7 Will. 4, c. 37, s. 17). Appeal (Id. s. 25). 5. Adulterating Bread. Any baker or other person who shall make bread for sale, or any journeyman or other servant of any such baker, or other person, using any mixture or ingredient whatsoever in the making of bread other than and except [flour or meal of wheat, barley, rye, oats, buckwheat, Indian corn, peas, beans, rice or potatoes, with common salt, pure water, eggs, milk, barm, leaven, potatoe or other yeast (s. 2) ] (6 & 7 Will. 4, c. 37, s. 8; 1 B. J. P. 433). Procedure.-Summons (Id. s. 18), or warrant upon information on oath (11 & 12 Vict. c. 43, s. 2), within 48 hours after offence, or within such reasonable time as to the justice shall seem fit (6 & 7 Will. 4, c. 37, s. 31); one justice (g) (Id. s. 17). Penalty. Not exceeding £10, nor less than £5 (Id. s. 8). Recovery. In default, imprisonment not exceeding 6 calendar months, 6. Adulterating Corn, Meal or Flour. Putting into any corn, meal or flour, which shall be ground, dressed, bolted or manufactured for sale, either at the time of grinding, dressing, bolting or manufacturing the same, or at any other time, any ingredient or mixture not being the real and genuine produce of the corn or grain which shall be so ground (6 & 7 Will. 4, c. 37, s. 9; 1 B. J. P. 433). Procedure.- Summons (Id. s. 18), or warrant upon information on Penalty. Not exceeding £20, nor less than £5 (Id. s. 9). 7. Selling Flour of one Sort of Corn as the Flour of Knowingly selling or offering or exposing for sale, either separately or mixed, any meal or flour of one sort of corn or grain as the meal or flour of any other sort of corn or grain, or any ingredient whatsoever mixed with the meal or flour so sold or offered or exposed for sale (6 & 7 Will. 4, c. 37, s. 9; 1 B. J. P. 433). Procedure.-Summons (Id. s. 18), or warrant upon information on oath (11 & 12 Vict. c. 43, s. 2), within 48 hours after offence, or within such reasonable time as to the justice shall seem fit (6 & 7 Will. 4, c. 37, s. 31); one justice (g) (Id. s. 17). Penalty. Not exceeding £20 nor less than £5 (Id. s. 9). (g) See note (d), p. 48. (h) The convicting magistrate may cause the offender's name, place of abode and offence to be published in some newspaper printed or published in or near the place where the offence committed, and pay the expense out of the forfeiture (6 & 7 Will. 4, c. 37, s. 8). Recovery.-Distress: in default, imprisonment not exceeding 1 calendar month, with or without hard labour, unless sooner paid (6 & 7 Will. 4, c. 37, s. 17). Appeal (Id. s. 25). 8. Selling Bread made of mixed Meal unmarked. Making or selling, or exposing for sale, any bread [made wholly or partially of peas or beans or potatoes, or of any sort of corn or grain, other than wheat,] without being marked with a large Roman M (i) (6 & 7 Will. 4, c. 37, s. 10; 1 B. J. P. 433). Procedure. Summons (Id. s. 18), or warrant upon information on oath (11 & 12 Vict. c. 43, s. 2), within 48 hours after offence, or within such reasonable time as to the justice shall seem fit (6 & 7 Will. 4, c. 37, s. 31); one justice (j) (Ïd. s. 17). Penalty. Not exceeding 10s. for every pound weight of such bread [and so in proportion for any less quantity] (Id. s. 10). Recovery.-Distress: in default, imprisonment not exceeding 1 calendar month, with or without hard labour, unless sooner paid (Id. s. 17). Appeal (Id. s. 25). 9. Miller, &c., having Ingredients for the purpose of Adulteration. Any miller, mealman or baker in whose house, mill, shop, stall, bakehouse, bolting house, pastry warehouse, outhouse, ground or possession, any ingredient or mixture shall be found (h), which shall after due examination be (i) Not to extend to bread made of the meal or flour of wheat only, and in the making of which potatoe yeast shall be used (6 & 7 Will. 4, c. 37, s. 10). (j) See note (d), p. 48. (k) Sect. 11 enacts, that it shall be lawful for any magistrate or justice, and also for any peace officer authorized by warrant of such magistrate, &c., at seasonable times in the day-time, to enter into any house, mill, &c., of or belonging to any miller, &c., or other person who shall grind grain, or dress or bolt meal or flour, or make bread for reward or sale, and to search or examine whether any mixture or ingredient not the genuine produce of the grain such meal or flour shall import or ought to be, shall have been mixed up with or put into any meal or flour in the possession of such miller, &c., either in the grinding of any grain at the mill, or in the dressing, bolting or manufacturing thereof, whereby the purity of any meal or flour shall be in anywise adulterated, or whether any mixture or ingredient other than is allowed by the act shall have been mixed up with or put into any dough or bread in the possession of any such baker or other person, whereby any such dough or bread shall be in anywise adulterated; and also to search for any mixture or ingredient which may be intended to be used in or for any such adulteration or mixture; and if on such search it shall appear that any such meal, flour, dough or bread so found shall have been so adulterated by the person in whose possession it shall then be, or any mixture or ingredient shall be found which shall seem to have been deposited there in order to be used in the adulteration of meal, flour or bread; it shall be lawful for such magistrate, justice or officer, to seize and take any meal which shall be found in any such search and deemed to have been adulterated, and all ingredients and mixtures which shall be found and deemed to have been used or intended to be used in or for any such adulteration; and such part as shall be seized by any peace officer shall, with all convenient speed after seizure, be carried to the nearest resident magistrate or justice and if any magistrate or justice who shall make any such seizure, or to whom any thing so seized shall be brought, shall adjudge that any such meal, &c. so seized shall have been adulterated by any mixture or ingredient put therein other than is allowed by the act, or shall adjudge that any ingredient or mixture so found shall have been deposited or kept where so found for the pur |