§ The Earl of Hardwicke,on presenting a petition for the amendment of the Sale of Beer Act, observed upon the extreme difficulty which magistrates experienced in the administration of this act, for, with the greatest desire on their part to carry it into effect fairly and impartially, the purposes of justice were frequently defeated. He hoped that the noble and learned Lord, who had given notice of a bill on the subject, would turn his attention to the difficulty he had mentioned, and try, if possible, to afford the magistrates some relief.
Lord Broughamsaid, that everything encouraged him to bring forward the bill in question, but he was prevented by a noble Friend of his in the other House, the Member for South Lancashire, giving notice of a motion which he (Lord Brougham) hoped would have superseded the necessity of his proceeding in the matter. However, he would now say, that on one day next week he would move the second reading of his Bill.
§ The Earl of Hardwickesaid, that country gentlemen and magistrates had the greatest difficulty in doing anything with beer houses. He might quote himself as a proof of the way in which a person, desiring to do nothing but strict justice, had been treated. Some time ago a conviction had been made out by him, inflicting certain penalties on a beer-house keeper; but the beer-house keeper brought an action against him on the ground of informality. The judge at Cambridge sent the matter to the courts above, where he was cast, and costs to a considerable amount given against him, although he had understood the superior courts always dealt very leniently with the mistakes of magistrates.
Lord Broughamsaid, that similar instances were very common, in which the law left now power to the judges of showing indulgence to technical errors of magistrates.
§ Petition laid on the Table.