We mentioned last week that the mayor had issued a notice, prohibiting publicans from opening their houses until after one o’clock on Sundays for the admission of persons to drink. A number of publicans who had not complied with the order were summoned to appear before the magistrates on Thursday, and the following were severally fined in the mitigated penalty of 5s and costs; Mr John Eastwood, Sea Brow, Mr Joseph Denton, Stanley-street, Mr Richard Williams, Moor-street, Mr John Lewis Simpson-street, and Mr William Holmes, Rotunda Tavern, Waterloo road – The Mayor, in the course of the investigation of these cases, took an opportunity to express his conviction, the result of personal observation, that strong measures were called for to state the habit of intoxication during Sabbath, which was becoming so prevalent. In his opinion the new system had already worked great good in removing the growing eveil. John Mills, Dale-street, Margaret Fleming, Atherton-street, John Farrell, Canning-place, Michael Maginn, Coopers-row, James Smith, Marble-street, cookshop-keepers and Thomas Wood, Oyster-dealer, Cooperas-hill, were also severally fined five shillings and costs, for having persons in their houses between one and two o’clock on Sunday morning. The ase of Mr Robinson of James-street, was postponed at the request of Mr Crewe to Saturday, when Mr Hall appeared on behalf of the publicans He stated that the question was one of principle, and the fact to be ascertained was whether the magistrates had power to make the order. Mr Robinson was licensed under the old act of Geo IV, c 61, and not under an act frequently passed. It was quite clear, that the legislature only gave certain powers to magistrates. By the first clause they had powers to grant licenses on certain conditions, and the thirteenth clause says every licence must contain forms These forms are appended to the at, and every act is to be read without point or break as if it were one long sentence Now, by this act the publican is, of course, permitted to do anything that is not prohibited. He has a right to sell at all hours, except the hour specified
What act says he shall not sell on Sundays, except during the hours of Divine Service The Beer Act has nothing to do with it, for it only affects the persons licensed under it An old Act of Parliament passed in the time of Charles II, for the better observance of the Lords day, prohibits worldly pursuits on a Sunday, but publicans do not come under the head of tradesmen, such as the act contemplates Neither do coachmen, as had been decided by Lord Tenterden It is well known that acts of that ind are to be construed liberally, but, in fact, the act in question is not now in force, so far as publicans are concerned, for it is silenced by the 9th of Geo. IV. That act expressly says that magistrates may license a man to sell ale, &c, on a Sunday, except during the time of Divine Service. If a former act says that which is inconsequent with what is said in a subsequent act, the former act in that particular is construed to be repealed. All lawyers know this.
Yesterday, his worship the Mayor informed Mr Crewe that the magistrates had taken into consideration the case of Mr Robinson, and had agreed to a conviction, and fined him 5s altogether, under the act of Charles II We understand it is the intention of the parties to resist the conviction
Old Liverpool 2009