renewal of a wine-license upon just cause shown.

In case of com

plaint, licensed retailers of wine to produce their license on requisition of two justices; penalty for refusal, £5. Constables and police officers empowered to visit refreshment-houses; penalty of refusing them admission, £5.

Penalty for selling wine by retail without license, £20; exclusive of excise penalty. License to be void on conviction of felony, or selling spirits without a license. Entry of houses, &c., to be made by licensed retailers, and excise officers empowered to enter premises, and make search for spirits, &c. Having spirits in entered premises, penalty £50, and loss of wine-license, s. 25.

By s. 26, licensed retailers of wine shall, if required by guest or customer, sell only (except wine in bottle, and quantities less than half a pint) by the gallon, quart, pint, or half-pint measure, sized or marked according to the standard. Penalty for default 40s., with costs of conviction, and forfeiture of the illegal measure. Houses not to be opened for the sale of wine before five o'clock in the morning, nor after twelve o'clock at night, in the metropolis, nor after eleven in any parish or place within the bills of mortality, or within any city or town the population of which, at last census, exceeds 2,500. Sundays and holidays to be observed as by licensed victuallers. Exception in favour of lodgers. Penalty on drunkenness or disorderly conduct by customers or licensed persons, for a first offence, 408. Penalty for mixing spirits or drugs in wine, or fraudulently diluting or adulterating wine, for a first offence, not less than £10. Penalties for suffering gambling, or known prostitutes, thieves, or drunken and disorderly persons, to assemble or continue in a wine-house. Penalty of 20s. for harbouring constables while on duty, s. 39.

By s. 40, every person found drunk in any street or public thoroughfare, and who while drunk is guilty of any riotous or indecent behaviour, is, on conviction before two justices, liable to a penalty of 408., or, if justices think fit, imprisonment in a house of correction for seven days. Drunken and disorderly persons refusing to quit a licensed house on request of occupier, his servant, or a constable, liable to a penalty not exceeding 40s.

The excise acts apply to this act by s. 2. It does not extend to Scotland or Ireland; but by a later act, the 23 & 24 V. c. 107, i is, with modifications, extended to the regulation of wine and refreshment houses in Ireland.

V. ADULTERATION OF DRINK OR FOOD.

By 1 W. 4, c. 64, if any person licensed knowingly sell any beer made otherwise than from malt and hops, or mix drugs or pernicious ingredients with the beer, or fraudulently dilute, or in any way adulterate his beer, he shall for the first offence forfeit not less than £10 nor exceeding £20; for the second offence be adjudged

disqualified from selling beer for two years, or forfeit not less than £20 nor exceeding £50, at the discretion of the justices; and if the offender disqualified for two years sell beer in any place, he forfeits not less than £25 nor exceeding £50 for every transgression; and any person knowingly selling beer in a place interdicted by the magistrates, shall forfeit not less than £10 nor exceeding £20.

By 56 G. 3, c. 58, no brewer or retailer of, or dealer in, beer to have in his possession, or make, use, mix with, or put into any wort or beer or liquor, extract, calx, or other material or preparation for darkening the colour, other than brown malt, ground or unground, as commongly used in brewing; or have in his possession, use, mix, or put into any wort or beer, any molasses, honey, liquorice, vitriol, quassia, cocculus indicus, grains of paradise, quince, pepper, opium, or any extract or preparation of molasses, or any article or preparation whatever, as a substitute for malt or hops. Penalty £200 for every offence, and forfeiture of all such adulterations, with the beer, wort, casks, vessels, and packages.

By s. 3, if any druggist, dealer in drugs, chemist, or other person, send, deliver, or sell to any brewer, retailer of, or dealer in, beer, knowing him to be licensed, or reputed so to be, or to any other person on account of such brewer, &c., any liquor, known by the name of colouring, from whatever materials made, or any preparation other than unground malt, for darkening the colour of beer, or any liquor or preparation, whether to be used in wort or beer, as a substitute for malt or hops, he shall forfeit £500 for every offence, together with the prohibited articles.

By 9 Anne, c. 12, any brewer, innkeeper, or victualler, using broom, wormwood, or other bitter ingredients, to serve instead of hops, to forfeit £20, half to the queen, half to the prosecutor.

These laws having proved ineffectual for the prevention of fraudulent adulterations, the 23 & 24 V. c. 84, makes further provision. By s. 1, every person who sells any article of food or drink with knowledge that it contains any ingredient injurious to health, or who sells as pure any adulterated article, shall, on conviction before two justices, pay a penalty not exceeding £5, with costs of conviction. Repetition of the offence subjects the name and abode of offender to be publicly advertised.

By s. 2, analysts may be appointed in the city of London by commissioners of sewers, in other parishes of the metropolis by vestries or district boards, and in the country by quarter sessions, or town councils in boroughs. Appointment, removal, or salary to be approved by a secretary of state. To prevent tampering with an article by purchaser, notice to be given by him to the seller of his intention to have it analyzed. Purchaser may have an article analyzed, and receive a certificate of the same on payment of not less than 2s. 6d., nor above 10s. 6d. Certificate to be evidence. Power given to justices to have food or drink complained of ana

lyzed. Right of appeal against conviction. Persons convicted of selling adulterated patented articles may have a case stated for opinion of superior court, ss. 3-8.

In construction the "articles of food or drink" to include all eatables and drinkables, not being medical drugs or articles usually sold as medicines. Act not to affect the ordinary reduction of British or colonial spirits. Act extends to England, Ireland, and Scotland.

VI. DAYS AND HOURS OF CLOSING PUBLIC AND REFRESHMENT HOUSES.

The act for closing licensed victuallers' houses, and houses for retailing beer under an excise license, during the morning service on the Lord's day in the metropolitan police district, and certain other parts of England, having been found salutary, their provisions, with some alteration, have been extended to other parts of Great Britain. The 11 & 12 V. c. 49, after stating that " great benefits" had attended such restrictions, enacts that no licensed victualler, or person licensed to sell beer by retail, to be drunk on or off the premises, or other person in any part of Great Britain, shall open his house for the sale of wine, spirits, or beer, or other fermented or distilled liquors, or sell the same, on Sunday before half-past twelve o'clock in the afternoon, or, if the morning service in the church, chapel, kirk, or principal places of worship shall not terminate by that hour, before the time of the termination of such service. The like limitation as to Sunday extends in England to Christmas Day, Good Friday, or any public fast or thanksgiving day. But nothing in this act extends to allow any house to be opened earlier than was previously allowed in the metropolis o other city or town.

An act of 1855 makes additional provisions regulating the hours of closing public-houses, and the 18 & 19 V. c. 118, enacts that licensed victuallers and persons licensed to sell beer by retail, whether to be drunk on the premises or not, as also any other selling wine by retail to be drunk on the premises, or keeping any house or place of public resort, in England or Wales, shall not "open or keep open his house for the sale of, or to sell, beer, wine, spirits, or any other fermented or distilled liquor, between the hours of three and five o'clock in the afternoon, nor after eleven o'clock in the afternoon of Sunday, or on Christmas Day, or Good Friday, or on any day appointed a public fast or thanksgiving, or before four o'clock in the morning of the day following such Sunday, Christmas Day, Good Friday, or such days of public fast or thanksgiving, except to a traveller or to a lodger therein." Power is given to any constable to enter any house of public resort, licensed for the sale by retail of beer, wine, or spirits, at any time; refusing them admittance or obstructing them, punishable by a penalty not exceeding £5.

The 27 & 28 V. c. 64, further regulates the closing of public and refreshment houses within the metropolitan police district, the city of London, certain corporate boroughs, and districts of improvement commissioners that adopt the same. By s. 2, no licensed victualler shall sell or expose for sale, open, or keep open any house, room, garden, or other place for the sale or consumption of excisable articles, or any article, between the hours of one and four o'clock in the morning. The same prohibition against the sale of any article extends to refreshment houses. Penalty not exceeding £5, to be recovered in a summary manner. But the penalty does not apply to the sale of articles to lodgers in the house. Law unchanged (p. 249) as respects the observance of Sunday, Christmas Day, and Good Friday. By s. 7, an occasional license may be granted, exempting parties from the act during certain hours on special occasions; in the metropolitan police district by the commissioner of police, subject to approval by a secretary of state; in the city of London by the commissioner of police, to be approved by the lord mayor; in any borough by the superintendent of police, to be approved by the mayor; in the improvement commissioners' district by the police superintendent, to be approved by the chairman of the commissioners. The act does not apply to the sale of liquors or refreshments at railway stations between the hours of one and four in the morning

The 28 & 29 V. c. 77, amends the preceeding act, and empowers the licensing justices to grant, if they think fit, licenses to licensed victuallers and keepers of refreshment-houses, on sufficient cause shown, for the accommodation of any considerable number of persons attending public market, or following a lawful trade in the immediate neighboroughood, a license exempting them from the penalties of the act of 1864, between the hours of two and four o'clock in the morning. But not exempt from penalties under other acts, unless printed notice is given outside. Justices may withdraw, alter, or amend the license granted, as expedient.

CHAPTER XIX.

Carriers, Wharfingers, and Warehousemen.

ALL persons carrying goods for hire, as masters and owners of ships, lightermen, proprietors of waggons, stage coachmen, and the like, come under the denomination of common carriers, and and are bound to receive and carry goods for a reasonable hire; to take due care of them in their passage; to deliver them in the same condition they were received, or, in default, to make compensation, unless the loss arise from unavoidable natural occurrences, as lightning or tempests, or from the default of the parties sending them

Hackney coachmen, in London, are not so bound except there be an express agreement, and money paid for the carriage of the goods.

Special carriers, who professedly do not carry for all persons indiscriminately, are not, like common carriers, bound to undertake the carriage of goods. Where, however, a person undertakes to carry goods safely and securely, he is responsible, though he is not a common carrier, nor receives a premium for the carriage.

The master of a stage-coach, who only carries passengers for hire, is not liable for goods. But if he carry goods as well as passengers for hire, then he is a common carrier, and liable.

If a carrier entrusted with goods open the pack and take away part of the goods, he is guilty of felony. It is the same if the carrier receive goods to carry to a certain place, and carry them to some other place than that appointed, with intent to defraud the

owner.

If a common carrier, who has convenience, is offered his hire, and refuse to carry goods, he is liable to an action, in the same manner as an innkeeper who refuses to entertain his guest, or a smith who refuses to shoe a horse. The liability arises, not from the remuneration, but the public employment that is undertaken. But a carrier may refuse to admit goods into his warehouse at an unseasonable time, or before he is ready to take his journey.

If a carrier be robbed of the goods, he is liable; for, having bis hire, there is an implied undertaking for the safe custody and delivery of the goods. But the carrier, under certain circumstances, may bring his action against the hundred to make good his loss.

The action against a carrier for the non-delivery or loss of goods must be brought by the person in whom the legal right of property in the goods is vested at the time; for he is the person who has sustained the loss by the negligence of the carrier. So, where a tradesman orders goods to be sent by a carrier, the moment the goods are delivered, it operates as a delivery to the purchaser, and the whole property from that time vests in the purchaser, who can alone bring an action for loss or damage. But if there is a special agreement by the parties, that the consignor was to pay for the carriage of the goods, the action is maintainable by the consignor.

Goods conveyed by a carrier, whether common or hired for the particular purpose, are privileged from distress or attachment on account of the debts of the person sending them, or of the carrier.

A delivery to the carrier's servant is a delivery to himself, and shall charge him; but they must be goods such as it is his custom to carry.

On legal principles, it can make no difference whether the carriage is by land or water, but the legislature has limited the liability of water carriage by sea. By the 7 G. 2, and the 26