180 ART. II.-An Act to alter and amend an Act of the 7th and 8th years of Geo. IV. for consolidating and amending the Laws of Excise on Malt made in the United Kingdom, and for amending the Laws relating to Brewers in Ireland, and the Malt Allowance on Spirits in Scotland and Ireland. 11th Geo. IV. c. 117. London George Eyre and A. Strahan. 1830. : 2. An Act to repeal certain of the Duties on Cyder in the United Kingdom, and on Beer and Ale in Great Britain, and to make other Provisions in relation thereto. 1 Wm. IV. c. 51. London: George Eyre and A. Strahan. 1830. 3. An Act to permit the general Sale of Beer and in England. 1 Wm. IV. c. 64. 1830. London: G. Eyre Cyder by retail and A. Strahan, We are very anxious that the concession which the good sense of the government has so seasonably yielded to the just demands of the people, in respect of the great staple beverage of the latter, should be completely understood in all its vast practical importance. The act of parliament for generalizing the sale of beer-virtually for giving to the poor man a cheaper and a better drink than he was before able to procure-is to come into operation on the tenth of this month; and there is not a man in England, or a friend to his species in any region of the world, who, if he were to reflect on the consequences which are likely to spring from this measure, would not note it down in white characters as among the very highest festivals of humanity. It is a crime-and nothing short of a crime-in our legislators, that they pay so little regard to common sense in the construction of acts of parliament,-documents which are expressly intended to be fully and minutely comprehended by every man in the realm. It is only by secondary means, by mere accident, that the real provisions of an act of parliament ever transpire so as to reach the minds of the general community; and the reason is, that those provisions are disguised under such very deceptive titles, or they are wrapt up in such a confusion of words,-such a chain of positives and negatives, as that no one would scarcely abide, on any important occasion, by his own interpretation of an act of parliament. For instance, an act has passed in the last session for the "More effectual Administration of Justice in England and Wales." Who would suppose from the title of this act, that it related to any other change than that of the amalgamation of the Welsh and English courts of justice? But it really goes a great deal farther; it alters the periods of the law terms, or, in other words, it silently completes a most important revolution in one of the oldest customs of this country. So silently has the alteration been made, that, judging from our own experience, and we have been very diligent in the matter, not one lawyer, including solicitors and barristers, out of ten, is acquainted with the change. To be sure all these things will be seasonably explained in the Stationers' Company's Almanacks, with the precision of a legal instrument; but why should the Legislature need an interpreter or an oracle to expound those decrees, to the want of an acquaintance with which it attaches a heavy penalty? For the same reason, the acts before us, so far from being comprehensible, so far from being so simple as to enable unskilful persons to reckon on their own construction of their provisions,those acts have been the subjects of numerous discussions, and, we may add, have been perverted very materially. It is with the view of shewing the extent of the alteration which they have effected with respect to the powers of individuals to deal in beer, that we now propose to consider the provisions of those acts. In the first place, any person may vend beer; any person,' being understood with reasonable conditions, that is, he must be a housekeeper, assessed to the poor's rates. This is only what common sense requires, and as no decent man in such circumstances can be without a friend who will act as bail for his proper conduct to the amount of twenty pounds, so is there no hardship in insisting that venders of beer should give such bail. The object is to keep the sale of beer in the hands of respectable individuals; and as the facilities with which they are entrusted for accommodating the public are of such a nature as bad men may turn to the injury of morals, nothing can be more necessary than to have some recorded solemn guarantee for their integrity. Although the surety or sureties are called for nominally, in order that the law may have a sure mark for contingent penalties, yet such a condition, it should be remembered, also operates as a criterion of character in the case of a person who proposes to sell beer, which criterion is by no means to be overlooked, when we take into account how much the purity and wholesomeness of the beverage itself depends on the honesty and virtue of him who deals in it. With the preliminaries we have mentioned, an individual approaches the proper authority and solicits a license. It is proper, however, to mention, that no person licensed can be a security for another-a prohibition which is very necessary to the fair and equitable observance of the policy that has dictated the act. The authority for granting the license is, in London, the Board of Commissioners of Excise, and, in the country, the Collectors or Supervisors of Excise. It is of great consequence that the power of licensing has been transferred from the Magistracy to the Excise department, for, independently of the thousand objections which exist against the system of the amateur administration of the laws, the experience of the practice of granting licenses by Country Justices fully proves that it a power that ought not to be continued. The individuals whose discretion is to determine in future the number of beer venders are perhaps the very persons in the community who are least within the sphere of those motives which would lead them from the path of justice and impartiality. The laws have very properly endeavoured to separate the body composing the officers of excise as much as possible from the political community, by stripping them of various privileges as citizens, and, in respect of their duty as granters of beer licences, by rendering them disinterested. We could wish, indeed, that the authority for a man to sell beer was not made to depend on the discretion of any set of persons, but since it seems to be determined that this principle shall exist in our new system of licensing, we are happy to believe that it is exhibited in the very mildest form of which it is susceptible. The license is to cost only two guineas, and no fee of any kind is to be paid in addition. The bond which the surety or sureties sign is not to have a stamp, and thus all the capital that the law requires of a dealer in beer to possess in beginning the world is only a couple of guineas. The license is to be renewed every year, and the same sum to be paid. Especial care should be taken by all persons that the fresh license should be in their houses before the old one is expired, for they know not how they may forfeit a penalty by allowing the least interval to elapse between the time when the old and new one are in force. Ten days are allowed between the time of asking and obtaining a license, so that if the seller of beer does not apply for a renewal of his license until within a week of the expiration of the old one, it is a chance that he may not get it in time. In that case he must shut up his shop, which may be of great detriment to him, for if he sells beer during the period for which he is not licensed, he incurs the penalty of twenty pounds. The remaining principal provisions we subjoin. 'Persons licensed to retail beer shall put up boards over their doors with the words, "Licensed to Sell Beer by Retail," at full length, painted in letters three inches at least in length, in white upon a black ground or in black upon a white ground, with their christian and surnames, and keep up the same during all the time they shall continue so licensed; or in default thereof shall forfeit for every such offence the sum of 107. Licensed persons under this act, permitting drunkenness or disorderly conduct, or transgressing, or neglecting the conditions specified in the license, shall be deemed guilty of disorderly conduct. First offence, a penalty not less than 40s. nor more than 5. Second offence, a sum not less than 57. nor more than 101. Third offence, not less than 207. nor more than 50%. Justices convicting party of a third offence, may prohibit the person for selling beer for two years afterwards, and adjudge that no beer by retail shall be sold by any person in the house mentioned in the licence of the offending party. Party selling ale, beer, or porter, made otherwise than from malt or hops, or mixing drugs with the same, subject to a penalty not less than 107. nor more than 20%. for the first offence. Second offence, to be disqualified for selling beer, &c. for two years, or to forfeit not less than 207. nor more than 501. Offender convicted of the last offence, and selling ale, &c. within two years, either in the house licensed or in any other place, to forfeit not less than 251. nor more than 507. and to be subject to the like penalty at every house where he shall commit such offence. Persons selling beer at unlawful times, to forfeit not less than 107. nor more than 20%. 'Persons not to open their houses, nor sell beer, &c., and permit the same to be consumed in or at their premises, before four in the morning, nor after ten in the evening, of any day in the week, nor on Sundays, Good Friday, or Christmas day, between ten and one, and three and five in the day. Persons offending in this respect to forfeit 40s. for every offence. Every separate sale deemed a separate offence. All penalties under the act, except the one for selling beer by a person not licensed, to be recovered upon the information of any person before two justices, to be sued for within three months after offence committed. Persons convicted of offence against the tenor of licence, or of any offence for which any penalty is imposed by the act, shall, if he or they have not been convicted of any offence against the tenor of license, or against the act, within twelve months previous, be deemed guilty of a first offence, and to forfeit and pay the penalty imposed for such offence; if no specific penalty, then a sum not exceeding 51. and costs; but if the party shall have been so convicted within twelve months, he shall be deemed guilty of a second offence, and pay the penalty imposed, or if no specific penalty, a sum not exceeding 101. and costs; and if it shall be proved that the person had been previously convicted within eighteen calendar months next preceding, of two such separate offences, and shall be again convicted, he shall be adjudged guilty of a third offence, and if there is no specific penalty for the same, to forfeit 501. no mitigation, and costs. 'Appeal clause provides that a person convicted of a third offence, may appeal to the sessions, unless the same shall be within twelve days after the conviction, then to the subsequent sessions. Party convicted forthwith to enter into recognizance with justices, to abide the judgment of the court, and to pay all costs. If the party neglects to enter into such recognizance, the conviction declared valid. Justices to bind the party over who makes the charge to give evidence at the sessions. Court may declare the party to be guilty of a third offence, and may impose a fine not exceeding 1001. and the costs of appeal, or may adjudge the license to be forfeited, or may adjudge that no beer shall be sold in the house for two years afterwards, or fine the party as aforesaid, and adjudge the premises to be disqualified for the sale of beer as aforesaid, and adjudge the license to be forfeited; and whenever in this or in any other case the license shall be adjudged to be void, the offender shall be deemed incapable to sell beer in any house kept by him for two years afterwards, and any license granted to him during that time is declared void. When any appeal shall be dismissed, or the conviction affirmed, or appeal abandoned, the court is required to order that the party appealing or entering into recognizance, shall pay to the justices before whom the recognizance shall have been entered into, such sum as the court may deem sufficient to indemnify the justices from any charges to which they may have been put, and if the party shall not forthwith pay the same, he is liable to be committed to the House of Correction until he pays the same, or for not exceeding six calendar months, if the money be not paid sooner. And if the appeal be reversed, the treasurer of the county or place is to pay to the justices (by order of court if they shall think fit) all expenses to which they may have been put.' The other clauses belong to matters of detail not immediately within the scope of our design, which is to invite public attention to the facilities now really existing for effecting the substitution of a wholesome sound liquor, throughout the kingdom, for the pernicious liquid that was so fast increasing, as an article of consumption. The very imperfect manner in which the act is drawn up, however, calls upon us to dwell a little more than may appear necessary on the clause which inflicts a penalty for adulterating beer. It is very strange that this act should define new penalties for adulteration, since a previous act of parliament, which had already denounced still heavier forfeitures for such an offence, is expressly retained by one of the acts of the last session, enumerated at the head of this article. The act, to which we allude, is that of the 56th of Geo. III. c. 58, by which it is declared— "That no Brewer, or retailer of, or dealer in Beer, shall take into his custody or possession, or make, or use, or mix with, or put into, any Worts, or Beer, any liquor, extract, calx, or other material or preparation for darkening the colour thereof, other than brown malt, ground or unground, as commonly used in brewing; or shall take into, or have in such custody, or use, or mix with, or put into Worts, or Beer, any molasses, honey, liquorice, vitriol, quassia, coculus indicus, grains of paradise, guinea pepper, opium, or any extract or preparation whatsoever, for, or as a substitute for, malt and hops; and, if any such Brewer, retailer, or dealer, shall take into his possession, use, or mix with, &c., all such liquor, éxtract, &c., and also the said Worts and Beer shall be forfeited, together with the casks, vessels, and packages, containing the same, and may be seized by any Excise Officer; and such Brewer, dealer, or retailer, shall, for every such offence, forfeit 2007." Two hundred pounds differ very widely from twenty pounds; and it is a matter of great doubt, if the former penalty may not be enforced against those who are licensed under the new act. The license, to sell beer, authorises no one to sell any thing else for which a license is at all required-neither spirits nor cider. The same license does not authorise a person to make beer as well as to sell it. For selling any or all of these, or for brewing beer to sell by retail, distinct licenses, respectively, are required. We confess, we are of opinion, that the system which the act of parliament contemplates will never be perfect; that is, never will be as useful as it can be, until every vender of beer is also a brewer, on a large or small scale; because, until that is the case, the operation of the spirit of competition will only reach to a limited extent, and it will barely touch that great region where competition has most to do we mean the brew-house. Suppose we have twenty licensed venders of beer in the same town; it is plain that they must (at least, the great majority must) get their beer from the same brewery. The competition, therefore, is confined to the distributors of the beer, and not extended to the manufacturer; and the preference on which the public may act in the choice of the vender, can scarcely |