hence there is an encreased danger of fire, and the trade of an innkeeper is considered double hazardous. But the trade of a coffee house keeper is of a very different description.* cy of inn Formerly an innkeeper or victualler was not Bankruptwithin the range of the bankrupt laws, although keepers, he sold wine and brandy, and other liquors, by &c. the dozen, to customers out of the house; unless he carried on such business separately from his inn, in which case he was liable to be made a bankrupt, however small the quantities he sold.† But it has since been enacted, that among others victuallers, keepers of inns, taverns, hotels or coffee houses, and persons who seek their living by buying and letting to hire, shall be deemed traders liable to become bankrupt.‡ CAP. VII. REGULATIONS OF INNKEEPERS, &c, AND OFFENCES. RECITING that by 5 Geo. 4. c. 54. it enacted that "no licensed brewer of beer is Hours of for sending out ale, &c. by sale who shall also be duly licensed to retail brewers. * Doe d. Pitt v. Laining, 4 Camp. 77. + Willett v. Thomas, 2 Chit. 651. Newton v. Trigg, 1 Show. 268, 269, 270. 3 Mod. 329. Patman v. Vaughan, 1 T. R. 572. Meggott v. Mills, 1 derson v. Rowles, 4 Bur. 2064-9. v. Hogg, 3 Wils. 146. 6 Geo. 4. c. 16. s. 2. I Ld. Ray. 286. Saun- Measures such beer, shall sell, deliver, or send out, at or from his, her, or their brewery, or the premises belonging thereto, or entered as aforesaid in the said act, or to any of his, her, or their cus tomers, any beer in any quantity less than a whole barrel, except between six in the morning and nine in the evening, or shall sell, deliver, or send out any beer, during the usual hours of divine service on Sundays, under the penalty of 201. for every offence;" enacts, that any such brewer may sell beer by retail as aforesaid at or from his, her, or their brewery or other premises so entered, between four in the morning and ten in the evening, subject nevertheless in all other respects, to the rules, regulations, and restrictions of the said act.* Every person licensed shall, if required, sell, by which or otherwise dispose of, all exciseable liquors innkeepers &c. must in his house or premises (except in quantities sell. less than a half pint) by the gallon, quart, pint, or half-pint measure, sized according to the standard, and shall, if required by the purchaser, retail the same in a vessel so sized, or forfeit for every default the illegal measure, and pay a sum not exceeding forty shillings, to be recovered before one justice, within thirty days after that on which the offence is committed.+ The licence has a proviso which seems to imply forfeiture, in case of selling by any weights or measures which are not of the legal standard.‡ 9 Geo. 4. c. 68. + 9 Geo. 4. c. 61. s. 19. Ante, p. 12. out licence Every person who shall sell, barter, ex- Retailing, change, or, for valuable consideration, other. &c. withwise dispose of any exciseable liquor by retail, to be drunk or consumed in his house or premises, or shall permit or suffer any exciseable liquor to be sold, bartered, exchanged, or otherwise disposed of, for valuable consideration, by retail, to be drunk or consumed in his house or premises, without being duly licensed; and every person, being duly licensed, who shall sell, barter, exchange, or, for valuable consider. ation, otherwise dispose of, or shall permit or suffer to be sold, bartered, exchanged, or otherwise disposed of, for valuable consideration, any exciseable liquor by retail to be drunk or consumed in his house or premises, not being the house or premises specified in such licence, shall, for every such offence, on conviction before one justice, forfeit and pay any sum not exceeding 201. nor less than 57. together with the costs of the conviction. But no penalty for such sale, barter, exchange, or other disposal of any such liquor by retail, without licence, shall be incurred by the heirs, executors, administrators, or assigns, of any person licensed under this act, who shall die, become bankrupt, or take the benefit of any act for the relief of insolvent debtors, before the expiration of his licence, so as such sale, barter, exchange, or other disposal of such liquor, be made in the house or premises, specified in such licence, and take place, prior to the special session then next ensuing, unless such special session shall * 9 Geo. 4. c. 61. s. 18. Penalties. Who lia ble Not shewing li cence. Reward to for .... .... be holden within fourteen days next after the death, bankruptcy, or insolvency of the said person, and in any such case to the special session next after such special session aforesaid. Retailing without excise licence, to be drank &c. on the premises, beer, cider, perry, spirits, wine, sweets, made wines, mead, or metheglin, every offence* 507. The occupier or occupiers of the house, part of a house, or premises, in which less than two gallons of spirits, or any beer, wine, cider, perry, sweets, mead, metheglin, or vinegar, is sold by retail, by any person or persons unknown, being privy or consenting thereto, shall be deemed the retailer of such liquors, and liable to the penalty for selling the same.† .... 201. For not producing and delivering their licence to be read and examined by any officer of excise, within a reasonable time after demand by him or them, for every offence t The commissioners of excise may cause such informers. reward as they shall think fit, not exceeding 10%., to be paid to each person on whose information any conviction has been had for carrying on any of the aforesaid trades or businesses, or selling exciseable liquors without a licence.§ One who sells spirituous liquors or ale by retail, without a licence from the justices of the peace, is liable to the penalties, although he had obtained a licence from the commissioners of excise; and by 9 Geò. 3. c. 61. s. 17. the licence by such commissioners, is declared abso * 6 Geo. 4. c. 81. s. 26. Ib. s. 28. + Ib. s. 27. § Ib. s. 29. lutely void, unless such licence of justices has been previously obtained.* Under 48 Geo. 3. c. 143. the conviction of the justices for selling ale without a licencefrom the excise, was final, for that statute gave no appeal.+ It was held, that a feme covert, who kept a place for retailing gin, contrary to 9 Geo. 2. c. 23. separately from her husband, might be convicted in the penalties under that statute, without joining the husband. Every dealer in, or seller of table beer, who shall sell, deliver, or dispose of any such beer, exceeding the quantity of one gallon at one and the same time, shall make entry in writing at the excise office of the district, of all cellars, &c. for storing, laying, keeping, or selling, the same, and shall be subject to the survey, examination, and inspection of the officer of excise, and to all and every the rules, regulations, restrictions and provisions of excise, to which victuallers or retailers of beer or ale, are now subject and liable by the excise laws, under penalty for selling any table beer exceeding one gallon as aforesaid, without making such entry, of 501.§ Every licence granted for the retailing of spirits within any gaol, prison, house of correc * R. v. Downs, 3 T. R. 560. 116. Vide ante, p. 31. † R. v. Hanson, 4 B. A. 519. R. v. Drake, 6 M. S. R. v. Crofts, 7 Mod. 397-399. 2 Str. 1120. § 42 Geo. 3. c. 38. s. 17. |