Tippling Act, 1735

TIPPLING ACT 1735

CHAPTER VIII.

An Act to prevent the Evil arising by the Retailers of Beer, Ale, Brandy, Rum, Geneva, Aquavitæ, and other Spirituous Liquors, giving Credit to Servants, Day-Labourers, and other Persons, who usually work or ply for Hire or Wages.

Retailers of strong beer, or spirits, selling to servant or labourer above 1s. value, upon credit, shall have no remedy for it,

Securities for such debts void.

Retailer shall be compelled by distress and sale to restore and make satisfaction for a pawn left for such debt by servant or labourer, on complaint to a magistrate.

WHEREAS many great inconveniences have arisen, and do daily arise, from the credit usually given by retailers of strong beer, ale, brandy, rum, geneva, aquavitæ, and other spirituous liquors, to servants, day-labourers, and other persons, who usually work or ply for hire or wages; by means of which credit servants, day-labourers, and other persons, who usually work or ply for hire or wages, are induced and tempted to resort too frequently to the houses or shops of the retailers of such liquors, where they often drink to excess, and thereby frequently run into debt, and lay themselves under the temptation of purloyning their masters goods to discharge such debts, and do further by that means destroy their health, and render themselves incapable of discharging the business of their respective callings and stations, and are often thrown into goal, where they lye in a miserable and starving condition, to the ruin of themselves and their families; which mischiefs might be in a great measure, if not wholly prevented, if some restraint was put upon the credit usually given to the persons aforesaid for such liquors by the retailers of the same: for remedy thereof be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That no retailer of strong beer, ale, brandy, rum, geneva, aquavitæ, or other spirituous liquors, who shall from and after the first day of May, which will be in the year of our Lord one thousand seven hundred and thirty six, sell upon trust or credit at any time or times any strong beer, ale, brandy, geneva, rum, aquavitæ, or other spirituous liquors, to any servant or day-labourer, or to any other person usually working or plying for hire or wages, to the amount or value of any sum of money exceeding the sum of one shilling, shall be intitled or have any remedy to recover the same either at law or in equity against any of the persons aforesaid, their executors or administrators; and all promissary notes, bonds, or other writings obligatory, given as a security for the payment of such debts so contracted, are hereby declared void and of no effect: and in case any such servant or day-labourer, or other person or persons, who usually work or ply for hire or wages, shall leave any pawn or pledge of any kind whatsoever, as a security for the payment of any sum of money exceeding the sum of one shilling, contracted in such manner as aforesaid, such servant or day-labourer, or any person or persons usually working or plying for hire, may complain to the chief magistrate of any city or town corporate, or to any justice of the peace of the county, county of a city, or county of a town, where such retailer of beer, ale, brandy, rum, geneva, aquavitæ, or other spirituous liquors usually resides, that such pledge or pawn is detained from him or her by such retailer of beer, ale, brandy, rum, geneva, aquavitæ, or other spirituous liquors; and having made proof thereof upon oath, it shall and may be lawful to and for the aforesaid chief magistrate or justice of the peace, and he is hereby impowered and required, by warrant under his hand and seal to compel such retailer of beer, ale, brandy, rum, geneva, aquavitæ, or other spirituous liquors, by distress and sale of his goods to restore the aforesaid pledge or pawn to the party complaining, or to make him satisfaction for the loss or abuse thereof; any law, usage, or custom heretofore had in this kingdom to the contrary in any wise notwithstanding.

Continuance 7 years, &c.

11 G. 2. 13. continued to 20 Sept. 1744, &c.

19 G. 2. 15. continued 14 years, &c.

1 G. 3. 17. revived and made perpetual.

II. Provided always, and be it enacted by the authority aforesaid, That this present act shall continue in force for the space of seven years from the said first day of May one thousand seven hundred and thirty six, and from thence to the end of the then next session of Parliament, and no longer. [Rep., Stat. Law Rev. (I.) Act, 1879.]