FORBES MACKENZIE ACT. The statute, popularly known by the name of the gen tleman (Mr. Forbes Mackenzie, M.P. for Peeblesshire) who introduced the bill, is the 16 and 17 Viet. c. 67 (1853), entitled "An act for the better regulation of public-houses in Scotland." This act retained in general the provisions of 9 Geo. IV. c. 58, by which the granting of certificates by justices of the'peace and magistrates, authorizing persons to keep common inns, ale-houses, aNd victualing-houses in Scotland was regulated. But it prohibited the granting of certificates for excisable liquors to be " drunk on the premises," unless on the express condition that no groceries or other provisions to be consumed elsewhere should be sold in the house or premises with respect to which such certificate is granted. The object of this portion of the enactment being to prevent grocers from becoming in reality the keepers of tippling-houses, those persons continued to be permitted to sell liquors by retail, provided that they were not consumed in their shops. In accordance with the principle of distinguishing between the different classes of houses in which the trade of a spirit-dealer should be carried on, three different grades of licenses were introduced: those applicable, viz., 1, to inn or hotel keepers; 2, to public-house keepers; and 3, to grocers and provision-dealers. As regards the first class, it is enacted that they shrill not "keep open house, or permit or suffer any drink ing in any part of the premises belonging thereto, or sell or give out therefrom any liquors before eight o'clock in the morning, or after eleven o'clock at night of any day, with the exception of refreshments to travelers, or persons requiring to lodge in the said house or premises; and further, that they shall not open their houses for the sale of any liquors, or sell or give out the same on Sunday, except for the accommodation of lodgers and borui -fide travelers." The same restrictions are imposed on the second class of persons—viz., the keepers of public-houses, with this addition, that no exception is made in their case in favor of travelers or lodgers; whilst grocers and provision-dealers, in addition to the prohibition to open on Sundays, and that already mentioned with reference to the consumption of spirits on the premises, are forbidden "to sell or give out any liquors before six o'clock in the morning, or after eleven o'clock at night." Separate licenses were also introduced for the sale of malt liquors from those applicable to the sale of wine and spirits, all of which had formerly been included under one license. By this statute, also, for the first time in Scotland, the very formidable power was conferred on the police of entering at any time any public-house, or house where refreshments are sold to be consumed on the premises, and penalties were awarded against those who refused to admit them, or who obstructed their entrance. These provisions having given rise to much discussion, a royal commission to inquire into the working of the act was issued on the 25th April, 1839. The result of the commission
was the issue, as usual, of two enormous volumes of printed evidence, and of a report, more distinguished for its length than for the value of the suggestions which it contains. The commissioners arrived at the conclusion, that "although intemperance still pre vails to a lamentable extent, it would seem that this vice has been for some time grad ually descending in the scale of society, and that it is now chiefly confined to the lowest class of the population." This effect the commissioners ascribe to several causes, of which-the first and most important is the increase of the duty on excisable liquors from 41d. per imperial gallon, at which it stood in 1823, to Ss., to which it had been raised in 1855. Nor do they deny to the Forbes Mackenzie act its share of merit. " The bene ficial effect of the act," they say, "is proved by the evidence which we received as to the diminution of crime, and the change for the better in the habits of the people, imme diately after the passing of the act, when its provisions were strictly enforced, and by, the tendency in an opposite direction which in some places has followed its less rigor ous enforcement. Whilst thus generally approving of the act, the commissioners sug gest a number of alterations, mostly with the view of enabling the police to carry out its provisions with greater efficiency. In reference to the difficulty experienced by hotel-keepers in ascertaining what persons come under the description of bona-fide tray., elers, the commissioners recommend that "persons inducing hotel keepers to sell or give out excisable liquors to them on Sunday, by falsely representing themselves as travelers, should be guilty of an offense, and be liable, on conviction, to a fine.'' This recommendation was given effect to in the public-houses amendment Scotland act 1862, which imposes a penalty of £5 or thirty days' imprisonment on persons obtaining excis able liquor on false representations on Sunday, or before opening or after closing hours. In these circumstances, it becomes important to know that it has been decided in Eng land that to constitute a "traveler" within the meaning of the corresponding act 18 and 19 Viet: c. 118, s. 2, it is a matter of indifference whether the Parties be traveling for business or pleasure, and that a walk, ride, or drive, for exercise and amusement of such length as to render refreshments desirable, is a sufficient journey- In Atkinson v.' Sellers (5 C. B. N. S. 442), chief-justice Cockburn remarked, that " a man could not be said to be a traveler who goes to a place merely for the purpose of taking refreshment. But if he goes to an inn for refreshment in the course of a journey, whether of business or of pleasure, he is entitled to demand refreshment, and the innkeeper is justified in supplying it." See also Taylor v. Humphreys, C. P. 705; 4 L. T. N. S. 314. The first was in the case of a drive from Liverpool of 5i m., the second of a walk from Birming ham of 4 miles.