42 G. 2. c. 40. By 24 G. 2. c. 40. § 9. all liquors found in the custody of such persons then, or at any time, within six calendar months after conviction, were to be seized. And by 13 G. 3. c. 56. § 1. and 30 G. 3. c. 38. § 9. after reciting that the said penalty of 101. is sometimes insufficient to deter offenders, it is enacted that if any person shall by himself, or by any other to his benefit, retail any distilled spirituous liquors or strong waters, without a license from the officers of excise, he shall forfeit 501. to be recovered, (F. G. H. 1. K. L.) levied and mitigated as by the laws of excise (a), or in the courts of Westminster. By 13 G. 3. c. 56. § 4. the said penalty shall not be mitigated below the sum of 51. By 9 G. 2. c. 23. § 6. every person who shall retail in any less quantity than two gallons, shall ten days before make entry in writing of all warehouses, shops, cellars, or other places by him used or intended to be used, at the next excise office, and of all spirituous liquors therein; on pain of 201. for every such place, and 40s. for every gallon concealed and not entered, and also the liquors and casks. By the 19 G. 3. c. 69. § 18. every importer for sale, or dealer in foreign brandy, arrack, rum, spirits, or other foreign strong waters, who shall sell the same either by wholesale or retail, shall cause to be painted in large legible characters, over the outer door, or in the front, or on some conspicuous part of every house, shop, warehouse, cellar, vault, or other place so used by him, the words Importer of, or Dealer in, foreign spirituous liquors; on pain of 501. for every shop, &c. § 19. 20. And if any importer or dealer in foreign spirituous liquors shall buy, or procure any one to buy to his use, any foreign spirituous liquors of any other person than of an importer, or dealer, over the door of whose shop or other place used for the keeping of foreign brandy, &c., the words aforesaid shall be written or painted, he shall forfeit 100l., over and above all other penalties.-Provided, that such dealer shall not be subject to the said penalty, by reason of the purchase of any foreign spirituous liquors whilst they remain on board the ships wherein they were lawfully imported, or on the quays on which they have been lawfully landed; nor to the purchase of any rum whilst it remains in the warehouse, according to the act of 15 & 16 G. 2.; nor of any arrack, whilst it remains in the warehouses of the East India company; nor to the purchase of any prize foreign spirituous liquors, nor of any foreign spirituous liquors sold for the benefit of the insurers or proprietors to defray the charges of salvage. $22. If any person, not being such importer or dealer, shall buy any of the said goods, or procure, &c. (except as before excepted) of any person not having the afore-mentioned words painted over his door as aforesaid; he shall forfeit 101.: and if the seller shall, within 20 days, and before any information hath been lodged against him, inform against the buyer, he shall be discharged from all penalties to which he might be liable for such his own offence. § 21. If any person, other than such as hath made entry as aforesaid,shall paint over his door the words afore-mentioned, he shall forfeit 501. over and above the penalties for selling or dealing without entry, (a) For which see ante, § III. By 9 G. 2. c. 23. § 7. no spirituous liquors, or strong waters, 9 G. 2. c. 23. shall be brought into any such warehouse or other place, without Retailers to give first giving notice to the officer of excise, and leaving with him an notice of bringauthentic certificate that all the duties are paid, or that they have ing in. been condemned as forfeited, and expressing the quantity and quality, the name of the seller, and where the duties were paid, or the liquors condemned: on pain of forfeiting 201. and also the liquors and casks. By 8 G. 1. c. 18. § 11. all dealers in foreign brandy or spirits, who shall receive into their custody British spirits, shall keep the same in separate cellars, or other places, from their foreign brandy or spirits; on pain of 10s. for every gallon of British spirits found in the same place with the foreign spirits, together with the casks in which the said British spirits shall be found. By 32 G. 2. c. 29. § 2. it shall be lawful for the officers of excise to take samples, not exceeding half a pint in the whole, out of each cask or other package containing foreign spirituous liquors in any shop, warehouse, or other place belonging to any dealer in the same; paying for such sample (if demanded) according to the market price liquor of the like quantity shall be sold for at the time of such sample taken. 8 G. 1. c. 18. British to be kept separate from foreign spirits. 32 G. 2. c. 29. Officers may take samples in the shop or warehouse. By 9 G. 2. c. 23. § 8. no retailer shall make any increase of the 9 G. 2. c. 23. liquors, after they have been taken account of by the officer, by Retailer increasany private addition thereto of water or other liquor; on pain of ing the liquor. 40s. a gallon, and the liquors so mixed shall be seized and for feited. By 8 G. 1. c. 18. § 12. if the officer of excise shall find any in- 8 G. 1. c. 18. crease of foreign brandy, spirits, or strong waters, over and above the quantity which he found at any dealer's on the last survey, such increase shall be deemed to be made by foreign brandy, &c. for which no duty was paid; and so much as shall be found increased, shall, together with the cask or other vessel, be forfeited, unless the owner make it appear that the increase was made by mixing therewith, in the presence of the officer of the division, some of his stock of British spirits, whereof the officer had taken an account, or by foreign brandy, &c. brought with a permit, or that it had been condemned and brought in on due notice given to the officer. By the 21 G. 3. c. 55. § 29. if the officer shall find any increase 21 G. 3. e. 15. in the stock of any dealer in or seller of spirituous liquors, over and Increase in above the quantity which he found at his last survey, such increase, stock. whether mixed or unmixed, shall be deemed to be made by a commodity for which no duty has been paid. And so much of the stock as shall be found increased shall be forfeited, and a quantity equal to the increased quantity shall be seized by the officer who shall discover the same; and the person in whose stock such increase shall be found, shall forfeit 201. By 9 G. 2. c. 23. § 9. the officer at all times by day or night 9 G. 2. c. 23, (but if in the night in presence of a constable, oath being first made Retailer conbefore a justice dwelling near, of a probable cause of suspect- cealing. ing the concealment of any such spirituous liquors), may enter into all such warehouses, shops, or other places, and by tasting, gauging, or otherwise, take an account of the quantity and quality; and if any such retailer shall hinder or refuse the officer to enter, he shall 6 G. I. c. 21. By 6 G. 1. c. 21. § 15. no such liquors shall be sold but in such None to be sold warehouse, shop, cellar, or other place so entered; on pain of 40s. a gallon. but in entered places. 11 G. 1. c. 30. 26 G. 3. c. 73. And by the 11 G. 1. c. 30. § 3. no arrack, brandy, &c. whether British or foreign, shall be offered to sale, either by wholesale or retail, but in an entered place; on pain of forfeiting the same, with the casks or other vessels, besides the said penalty of 40s. a gallon. By 26 G. 3. c. 73. § 54. no licensed retailer of brandy or other Retailers to have spirits shall be the owner of, or have any part or share in any distillery or rectifying house, or be concerned in the trade of a distiller, or rectifier, or compounder, on pain of forfeiting 2007 no share in distilleries, &c. 12 & 13W. c 11. 2 G. 2. c. 28. To be under the jurisdiction of the magistrates. 9 G. 2. c. 23. Hawking in the streets. II G. 2. c. 26. By 12 & 13 W c. 11. § 18. and 2 G. 2. c. 28. § 10. the justices of the peace and other officers, shall have the same jurisdiction over such retailers of spirituous liquors as they have over alehouse keepers. By 9 G. 2. c. 23. § 13. no person shall hawk, sell, or expose to sale any spirituous liquors about the streets, highways, or fields in any wheel barrow or basket, or on the water in any boat or vessel, or in any other manner, or shall sell or expose the same to sale on any bulk, stall, or shed, or on or in any other place, other than as above is allowed; on pain of 101. And one justice on his own view, or on confession, or by proof by one witness, may convict him; whereupon he shall immediately pay the 10l. to the churchwarden or overseer; and on refusal or neglect the justice shall by warrant commit him to the house of correction, to be kept to hard labour for two months, to be reckoned from the day of commitment; and he shall not be discharged till he have paid the sum, or till the two months be expired. If there be no informer, it shall be wholly to the use of the poor; otherwise half to the informer, and half to the poor. By 11 G. 2. c. 26. § 4. it shall be lawful for any justice of peace, upon information on oath against any person for hawking, selling, or exposing to sale spirituous liquors, contrary to 9 G. 2. c. 23. to issue his warrant to any constable, or other officer of the peace, for apprehending and bringing the offender before some justice of peace for the county or place where the offence shall have been committed. § 5. It shall be lawful for any person to seize and detain any person who shall hawk, sell, or expose to sale spirituous liquors, contrary to 9 G. 2. c. 23., for such reasonable time as he may give notice to a constable, churchwarden, overseer of the poor, or some other peace or parish officer, who is hereby required to carry such offender before some justice of peace; and such justice is hereby required to proceed to the examination of such person in the same manner as if he had been brought before him by a constable or other officer of the peace; and the offender shall, upon conviction, be liable to the pains and penalties of 9 G. 2. c. 23. and 10 G. 2. c. 17. Rex v. Crofts, 2 Str. 1121. A woman was convicted for selling gin; and it appearing that she was a feme covert, it was objected that she could not be convicted; for as she could make no contract, it must be taken to be her husband's sale; or if she could be convicted, the husband ought to have been joined for conformity. It was answered, that where the crime is of such a nature as can be committed by her alone, she may be prosecuted without her husband; which being a proceeding grounded merely on the breach of the law, he shall not be included, unless privy: In this case there may be imprisonment and being kept to hard labour. And by the court. We think the conviction is right; for this is not like the cases that sound only in damages. The wife may be convicted for recusancy: And though she cannot have the benefit of the contract, yet she as well as the servant may do the act of vending. Besides, there would be a plain way to evade the act, if femes covert could not be convicted. 11 G. 2. c. 26. Occupier of the liable. house shall be By 11 G. 2. c. 26. § 1. if any less quantity than two gallons shall be sold or delivered in any clandestine manner to any person, in any house, outhouse, stable, barn, or shed, or in other place, part of or belonging to any house or farm; in such case the occupier or occupiers (if more than one) consenting thereto, shall be deemed retailers, and forfeit 100l. as selling without license. By 9 G. 2. c. 23. 16. if any person who shall sell wares, pro- 9G. 2. c. 23. visions, or other things by retail, shall give away spirituous liquors Persons giving to any servant or apprentice coming to his shop or house to buy such things, under the pretence of his being a customer, or under any other pretence, such person shall be deemed a retailer of spirituous liquors, and shall be subject to the penalty. away spirituous liquors. § 11. If any master, or other person, shall agree with any journey- Paying wages in man, workman, servant, or labourer, or other person employed by spirituous him or for him, to pay to him so much money for wages, and so much liquors. spirituous liquors, as together with the money shall amount to the value of the wages usually paid in like cases; or shall set off or deduct any part of the wages for any spirituous liquors; he shall be deemed a retailer, and forfeit 201. over and above the other penalties, and such servant shall be entitled to his whole wages. But by 9 G. 2. c. 23. § 12. & 16 G. 2. c. 8. § 12. nothing herein shall extend to physicians, apothecaries, surgeons, or chymists selling the same as medicines. 9 G. 2. c. 23. or workhouses. By 24 G. 2. c. 40. § 13. no license shall be granted for retailing any spirituous liquors within any gaol, prison, house of correction, 24 G. 2. c. 40. workhouse, or house of entertainment for any parish poor; 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 suffer any spirituous liquors or strong waters to be sold, used, lent, or given away in any such gaols, &c. or houses, or brought into the same, except such as shall be prescribed by the direction of a regular physician, surgeon, or apothecary from the shop of some regular apothecary,--he shall forfeit 1001. half to the king, and half (with full costs) to him who shall sue in the courts at Westminster. And if any such person shall offend again in like manner, and be a second time convicted, he shall forfeit his office. § 14. Any justice, on information on oath that spirituous liquors or strong waters are kept and disposed of in any such gaol, &c. may enter and search, or empower by warrant any constable or other peace officer to search for and seize all such liquors as shall be found (except such as are directed to be used medicinally), and to cause the same to be forthwith staved and destroyed. 15. If any person shall bring or endeavour to bring any liquors 24 G. 2. c. 40. Recovering debt for spirituous liquors; or taking a pledge for security. Intent of the statute. fore mentioned), into any such gaol, &c. the gaoler, &c. or his servants may apprehend and carry such offender before any justice of the peace, who shall hear and determine such offence in a summary way; and if by the oath of one witness, or otherwise, such person shall be convicted, he shall be committed to prison or to -the house of correction, there to be kept for any time not exceeding three months, unless he shall immediately pay down such sum, not exceeding 201. and not less than 101. as the justice shall im pose, to be paid half to the informer, and half to the poor of such gaol, &c. or workhouse. § 16. The gaoler, keeper, master, and chief officer, shall procure a copy of the three preceding clauses, to be printed or fairly written and hung up in one of the most public places of his gaol, house of correction, or workhouse aforesaid, and renew the same from time to time, so that it be always kept fair and legible; on pain of 40s. by warrant of one justice, on oath of one witness. Any justice may enter and demand a sight of it, and if it shall not be shewn to him hung up in some public place fair and legible, he shall immediately convict such person, and so from time to time as often as he shall think fit; half to be to the informer, and half (or the whole, if there be no informer) to the poor of such gaol or other place. § 12. No person shall recover any sum of money, debt, or demand on account of spirituous liquors, unless it shall bona fide have been contracted at one time to the amount of 20s. or upwards; nor shall any particular article in any account for distilled spirituons liquors be allowed, where the liquors delivered at one time shall not amount to the full value of 20s., and where no part of the liquors so sold shall have been returned or be agreed to be returned directly or indirectly (a); and if any retailer, with or without a license, shall take any pawn by way of security for payment of any money for such spirituous liquors, or strong waters, he shall forfeit 40s. for every pawn or pledge so taken, to be levied, by warrant of one justice, half to the poor, and half to the informer; and the owner shall have such remedy for recovering such pawn, or the value thereof, as if it had never been pledged. (a) In an action for use and occupation of part of a house, and for goods sold and delivered, it appeared that the plaintiff was a liquor merchant, and the defendant took one side of a house belonging to him, the other side being occupied by one Eaton, who sold liquors on the account of the plaintiff. The defendant kept an eating-house, and the liquors consumed by the customers there were had from Eaton as they were wanted. Many of the items in the bill for liquors were under 20s. It was objected, that the plaintiff could not recover for those items; but Ld. Kenyon, C. J. thought this case did not fall within the mischiefs intended to be remedied by this statute, the intent of which was to prohibit the sale of such small quantities to the consumer. This was done for the purpose of preventing the pernicious effects of dram drinking, which had been found extremely injurious to the lower orders of society. In the present case the liquors were not sold to the defendant for his own consumption, but for the use of the guests resorting to his house in the way of his trade, and therefore not within the statute. Jackson v. Altrill, Peake's Rep. 180. In assumpsit for goods sold and delivered, it appeared that the defendant had run up a score for grog, beer, and herrings, consumed by him at a public-house kept by the plaintiff. It was objected, that the demand for the grog could not be sustained, being illegal within the stat. 24 G. 3. c. 40. §12. Thomson, B. was of this opinion, observing, however, that the statute was confined to spirituous liquors. The plaintiff recovered for the residue of his demand. Gilpin v. Rendle, Devonshire Lent Ass 1809. 1 Selw. N. P. 61. See also Spencer v. Smith, 3 Campb. 9. |