Read, Appellant v Storey, Respondent

JurisdictionEngland & Wales
Judgment Date12 January 1861
Date12 January 1861

English Reports Citation: 158 E.R. 174



S. C. 30 L. J. M C. 110, 7 Jur (N. S.) 344, 9 W. R. 418, 3 L T. 674.

bead, Appellant v. storey, Respondent. Jan. 12, 1861.-The 3 & 4 Viet c 61, s 13, which imposes a penalty on persons selling beer by retail without a license, applies to persons selling beer at one penny halfpenny the quart. [S. C. 30 L. J. M C. 110, 7 Jur (N. S.) 344 , 9 W. ft. 418, 3 L T. 674.] This was a special case stated by two justices pursuant to the 20 & 21 Viet, c. 43, s 2. At a petty session held at the Town Hall of Wiucanton, on the 27th of August, 1860, a complaint was preferred by W Storey, the respondent, a sergeant of police, against Kiebard Read, the appellant, under the 13th section of the 3 & 4 Viet. c. 61, charging that the appellant did, on the 25th of July, at Wmcanton, sell beer by retail, without a [424] license, and the appellant was convicted and ordered to pay a fine of Is. At the hairing it was proved by the complamant that, on the 25th of July, he went to the appellant's house and called for a pint of beer, with which he was served,,and that he paid three farthings for it- and further that the appellant had not 6 H fc N 485. READ V StOREV 175 a license to sell beer, but that he had a board up with the inscription upon it " Table beer sold here." The appellant did not deny that he sold beer of the denomination mentioned in $he statute 42 Geo. 3, c 38, s 18, viz, beer at and after the rate of l|d. a quart. The magistrates, being of opinion that a license was riecessaiy for the sale of beer at l^d. a quart, convicted the appellant The question submitted by the magistrates was whether, upon the true construction of^the 42 Geo. 3, c. 38, s. 18, 3 & 4 Viet. c. 61, s 13, 1 Wm. 4, c. 64, and 4 & 5 Win. 4, e. 85, s. 17, a license was requisite for the sale of beer at a price not exceeding 144. a quart. Theodore Thring, in support of the conviction.() The 3 & 4 Viet c. 61, s. 13, which imposes penalties on persons selling beei by retail without a license, applies to persons selling beer at Hd a quart. The argument on the other side is that the 42 Geo. 3, c. 38, s. 18, which prohibited any person from retailing beer at any higher price than l}d. the quart, without obtaining a license us a common alehouse keeper, left persons at liberty to retail beer at l\d., and that the 3 & 4 Viet c Gl, applied ooly ta persons to whom the earlier Act related. Until the passing of the 1 Wm. 4, c 64, no person, except keepets of inns, alehouses and victualling houses, was license, to sell beer. [425] That Act, which is a new enactment not refening to the pievious Acts relating to the sale of beer, empowered all householders (except those specially excepted) to take out licenses for the sale of beer, and, by the 7th section, it is enacted that, if any person, not duly licensed to aell beer as the keeper of a common alehouse or victualling house, shall sell any beer by retail without having an excise...

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