William III, 1698-9: An Act for the ascertaining the Measures for retailing Ale and Beer. [Chapter XV. Rot. Parl. 11 Gul. III. p. 3. n. 6.]

Reciting that by Law, Innkeepers, &c. are to sell their Ale and Beer by the Ale Quart, according to the Standard thereof in the Exchequer.

Innkeepers, &c. are to sell their Ale and Beer by the Ale Quart or Pint, according to the said Standard; Description of Vessels in which they are to sell the same; Standard Ale Quart or Pint made from the said Standard to be kept in Cities, &c. Penalty.

Whereas by the Laws and Statutes of this Realm all Inn-keepers Ale-house-keepers and Victuallers ought to utter and sell their Ale and Beere by the Ale Quart according to the Standard thereof remaining in the Custody of the Chamberlains of His Majesties Exchequer the neglecting the Observance whereof and selling and retailing their Ale and Beer in uncertaine Measures much lesse than the said Standard is found to be of evill Consequence in hindring the Consumption of malted Corne and lessening His Majesties Revenues of Excise and a great Wrong and Prejudice to wayfaring Men Travellers Manufacturers Labourers and others and alsoe to such poor People whose Necessities force them to buy Ale and Beere from them For remedying whereof may it please Your most Gracious Majesty that it may be enacted and be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by Authority of the same That from and after the Four and twentieth Day of June One thousand seaven hundred all Inn-keepers Ale-house-keepers Sutlers Victuallers and other Retailers of Ale or Beer and every Person and Persons keeping any Publick House and retaileing and selling Ale or Beer in any City Towne Corporate Borough Markett-Towne Village Hamlett Parish Part or Place whatsoever within the Kingdom of England Dominion of Wales or Towne of Berwick upon Tweed shall retaile utter and sell their Ale and Beer in and from their respective Houses by a full Ale Quart or Ale Pint according to the said Standard or in Proportion thereunto in a Vessell made of Wood Earth Glasse Horne Leather Pewter or of some other good and wholsome Metall made sized and equalled unto the said Standard and signed stampt or marked to be of the Content of the said Ale Quart or Ale Pint according to the said Standard either from the said Exchequer or from the City of London or from some City Towne Corporate Borough or Market-Towne where a Standard Ale Quart or Ale Pint made from the said Standard shall be kept for that Purpose and shall not retaile and utter any Ale or Beer to any Person or Persons in any other Vessell not signed and marked as aforesaid on Pain to forfeite a Summe not exceeding Fourty Shillings nor lesse than Tenn Shillings for every such Offence to be recovered as hereinafter is provided.

II. Innkeeper, &c. selling Ale or Beer in Vessels not stamped, &c. or refusing to give Account of Number of Quarts or Pints, may not detain Goods, &c. for Payment, but left to his Action at Law.

And be it further enacted by the Authority aforesaid That if any Inn-keeper Ale-house-keeper Victualler Sutler or other Retailer aforesaid shall from and after the Nine and twentieth Day of September One thousand seaven hundred retaile utter or sell any Ale or Beer in any Vessell not signed stampt or marked as aforesaid to any Traveller or other Person or Persons or if in giveing any Account or Reckoning in Writing or otherwise such Inn-keeper Ale-house-keeper or other Retailer as aforesaid shall refuse or deny to give in the particuler Number of Quarts or Pints of Ale or Beer for which Demand is made in such Account it shall not be lawfull for any such Inn-keeper Ale-house-keeper or other Retailer as aforesaid for Default of Payment of such Reckoning to detaine any Goods or other Thing or Things belonging to the Person or Persons from whom such Reckoning shall be due but shall be left to his Action at Law for the same Any Custom or Usage to the contrary in any wise notwithstanding

III. Reasons for passing this Clause.

Sub-Commissioners or Collectors of Excise to provide an Ale Quart and Ale Pint of Brass, according to the said Standard, for Towns, &c. where there is not one; and on or before the 24th Day of June deliver the same to the Mayor, &c; Penalty £5.

And for the better Execution of this Act and to the Intent that Vessells containing the said Ale Quart and Ale Pint respectively may be from time to time sized and equalled according to the said Standard and signed stampt and marked as aforesaid by the Mayor or other Chiefe Officer of each City Towne Corporate Borough and MarketTowne in England Wales and Towne of Berwick upon Tweed for all Inn-keepers Alehouse-keepers Victuallers and other Retailers as aforesaid procuring and desiring the same Be it further enacted by the Authority aforesaid That the Sub-commissioners or Collectors of His Majesties Revenues of Excise within their respective Circuits or Divisions shall forthwith provide and procure a substantiall Ale Quart and Ale Pint according to [the Standard of (fn. 1) ] the Measures aforesaid remaining in the said Exchequer of Brasse to be made sealed and certified from the said Chamberlains of the said Exchequer without any Fee or Reward for the Mayor or Chiefe Officer in each City Towne Corporate Borough and Market-Towne within his said Division in which there is not already a Brasse Standard Ale Quart and Ale Pint made and certified either from the said Exchequer or from the Lord Mayor of the City of London in the Custody or Power of such Mayor or Chiefe Officer and shall on or before the said Four and twentith Day of June cause the same to be delivered unto the Mayor or other Chiefe Officer in each City Towne Corporate Borough and Market-Towne within his said Division (which Cheife Officer is hereby required to give a Receipt for the same and the said Standard-Measures shall be delivered to every succeeding Officer) in which there is not already such Brasse Standard Ale Quart and Ale Pint as aforesaid to be by them respectively safely kept for the Purposes aforesaid on Paine that each Sub-Commissioner or Collector for every Default herein shall forfeite the Summe of Five Pounds to be recovered as aforesaid

IV. The said Sub-Commissioners and Collectors may deduct Expence, and charge the same in their next Account, to the Commissioners of Excise.

And it is hereby further enacted and declared by the Authority aforesaid That it shall and may be lawfull to and for the said Sub-Commissioners or Collectors of Excise respectively to deduct and detaine their respective reasonable Charges and Expences in the procuring providing and delivering of such Brasse Ale Quarts and Ale Pints to each Mayor or other Chiefe Officer within his said Division as aforesaid and to insert the same in his next Account to be made or given to the Commissioners of His Majesties Revenues of Excise who are hereby authorized and directed to allow of the same accordingly

V. Mayor, &c. to cause all Measures of Wood, Pewter, &c. to be compared with Standard; and thereupon cause the same to be stamped, &c. which Stamps, &c. they are to provide.

Fee; Penalty £5.

And be it further enacted by the Authority aforesaid That every Mayor or Chiefe Officer of each City Towne Corporate Borough or Markett Towne for the time being from and after the said Four and twentieth Day of June shall from time to time on Request to him or them respectively made cause or procure all such Ale Quarts and Ale Pints made of Wood Earth Glasse Horne Leather Pewter or other good and wholsome Metall as shall be brought to him or them respectively to be measured compared sized and equalled with such Standard Ale Quart and Ale Pint in their Custodies and shall then cause the same and every of them to be plainly and apparently signed stampt and marked with W R and a Crowne testifying that such Ale Quarts and Ale Pints respectively have been so measured compared sized and equalled with such their Standard as aforesaid which Stamps or Marks the said Mayor or Chiefe Officer are hereby respectively required to provide and for which their Stamping or Marking they shall not demand or receive above One Farthing for each Measure and in case any such Mayor or other Chief Officer as aforesaid shall neglect or refuse to performe and execute his Duty herein according to the true Intent and Meaning of this Act he shall forfeite the Summ of Five Pounds to be recovered as aforesaid and shall alsoe render to the Party thereby grieved his Treble Damages together with Costs of Suite to be sued for and recovered in any of His Majesties Courts of Record in which Suit there shall be no Protection Wager of Law or other delay other than One Imparlance

VI. How Penalties divided.

How recovered; Limitation of Prosecution; Justice of Peace to determine Offence.

And be it further enacted by the Authority aforesaid That all Penalties and Forfeitures by this Act imposed or inflicted shall be divided One Halfe Part thereof to the Use of the Poor of the Parish where such Forfeiture shall be made or committed and the other Part to him or them that shall prosecute or sue for the same to be recovered by the Oath of One or more credible Witnesse made before One or more Justice or Justices of the Peace of the County City or Place where such Offence shall be committed who are hereby required and impowered to administer an Oath to that Purpose such Person being prosecuted for such Offence within Thirty Daies next after such Offence committed And the said Justice or Justices are hereby respectively authorized to hear and determine the same and to cause the Penalty to be levied (by Warrant under his or their Hands and Seales) upon the Goods and Chattells of the Offender rendring to the Party the Overplus if any shall be deducting thereout the reasonable Charges

VII. No Penalty incurred if Ale or Beer be measured by the Standard, though carried away in other Vessels.

Provided alwaies and be it further enacted by the Authority aforesaid That nothing in this Act contained shall extend or be construed to extend to subject any Person or Persons to the Penalties in this Act contained or any of them so as all such Beer or Ale as shall be retailed uttered or sold by such Person or Persons to be spent out of the House of such Person or Persons be measured out by the Standard according to the true Intent and Meaning of this Act although such Drink be carried away in any other Vessell or of any other Quantity or Quality than the Ale Quart before mentioned

VIII. In Action for executing Act,

Action to be laid in the County where Fact committed; General Issue may be pleaded; Treble Costs.

Provided alwaies and be it further enacted by the Authority aforesaid That if any Action or Suit shall be brought and prosecuted by any Person or Persons against any Justice of the Peace or other Person or Persons imployed by them or any of them in the Execution of this Act for any Matter Cause or Thing by them or either of them done committed or executed by vertue or Reason of this Act or any Clause or Article therein contained That then and in every such Case the Action shall be laid in the proper County where the Fact was done and committed and not elsewhere and the Defendant and Defendants may plead the Generall Issue and give this Act and the speciall Matter in Evidence at the Tryall that the same was done in pursuance and by Authority of this Act and if upon such Action or Actions Verdict be given for the Defendant or Defendants or the Plaintiffe become Nonsuit or discontinue his Action then the Defendant or Defendants shall have Treble Costs which he or they shall sustaine or be putt unto by reason of his or their wrongfull Vexation in Defence of the said Action or Suite

IX. Quarter Sessions to give this Act in charge.

And be it further enacted by the Authority aforesaid That the Justices of the Peace within the severall Counties and Cities of this Kingdom are hereby required at their respective Generall Quarter Sessions to give the Matters contained in this Act in Charge to the Grand Juries of the respective Counties and Cities within this Kingdom

X. Proviso for Colleges, &c. in the Two Universities.

Provided and it is hereby declared and enacted That nothing in this Act contained shall extend or be construed to extend to any the Colledges or Halls in either of the Universities of this Kingdom Any thing in this Act contained to the contrary in any wise notwithstanding