216 



INNKEEPERS, VETERINARY SURGEONS, ETC. 



Travellers 

 and Lodsfers. 



Innkeeper 

 compellable 

 to receive a 

 Traveller. 



The lOtli section of the 37 & 38 Yict. c. 49, provides 

 that nothing contained in the Licensing Acts shall pre- 

 clude a person licensed to sell any intoxicating liquor to 

 be consumed on the premises from selling such liquor at 

 any time to bond fide travellers or persons lodging in his 

 house ; but prohibits the holder of a six-day licence from 

 selling any such liquor on Sunday to any person whatever 

 not lodging in his house. The same section also provides, 

 that nothing in the Act contained as to hours of closing 

 shall preclude the sale at any time at a railway station of 

 such liquor to persons arriving at or departing from such 

 station by railroad ( g). And a person, for the purposes of 

 the Licensing Acts, is not to be deemed a bo}id fide 

 traveller unless the place where he lodged the preceding 

 night is at least three miles distant from the place where 

 he demands to be supplied with liquor: such distance to be 

 calculated by the nearest public thoroughfare. 



In calculating the distance from one place to another by 

 the nearest public thoroughfare, for the purpose of satisfy- 

 ing the above definition of a bond fide traveller, it is proper 

 to measiu-e it across a navigable estuary where there is 

 a public ferry which can be used by any person on pay- 

 ment of a toll (A). 



The circmnstances under which the Guest is admitted 

 and supplied are matters for consideration in deciding 

 whether the Innheeper had reason to believe and did believe 

 that he was a Traveller within the description, either when 

 he admitted him or when he supplied him, such as whether 

 he was a stranger or a neighbour, or whether he delayed 

 longer or took more than was consistent with the need of 

 refreshment (/). But the onus of showing that the persons 

 supplied with refreshment are bond fide travellers is on the 

 Innkeeper (Z-). 



It is said that an Inn];eeper may be compelled by the 

 Constable of the Town to receive and entertain a Traveller 

 as his Guest (/) . 



[g) See also Fisher v. Howard, 

 34 L. J., M. C. 42. 



(A) Coulhcrt V. TroTce, L. R., 1 

 Q. B. D. 1; 45 L. J., M. C. 7. 



(i) Taylor v. Humphries, 13 W. 

 R. 136; S. C. 34 L. J., M. C. 1; 

 and see 37 & 38 Vict. c. 49, s. 10. 



(k) Roberts v. Humphreys, L. R., 

 8 Q. B. 483 ; 42 L. J., M. C. 147 ; 

 29 L. T., N. S. 387; 21 W. R. 



885. Previous to the Licensing 

 Act, 1872, it was held, that the 

 burden of proof lay on the informer, 

 see Taylor v. Humphries, tthi supra ; 

 Morgan v. Heclqer, L. R., 5 C. P. 

 485; 40 L. J., M. C. 13; Copley y. 

 Burton, L. R., 5 C. P. 489; 40 

 L. J., M. C. 141. 



(/) 5 Edw. 4,2b; Dalt. cap. 7 

 1 Show. 2C8. 



