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Penalty on victuallers, &c. in whose houses journeymen, &c. are found tippling or gaming at prohibited hours, &c., 2l. for first offence, 20l. for the second, and 50l. with forfeiture of licence for the third.
Penalties to be levied by distress, &c.,
or imprisonment not exceeding one month.
Proof to be on victualler that persons tippling were not journeymen, &c. or were lodgers.
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19. Every victualler or other person selling or licensed to sell beer, ale, or spirituous liquors within the police district of Dublin metropolis, in whose dwelling house or other place any journeyman, apprentice, servant, artificer, labourer, sailor, seafaring man, or soldier, or any person of the female sex, shall be found, or shall appear to be or to have recently been drinking, tippling, or gaming therein, at any hour or time which is or shall be then prohibited by law, or after the hour of twelve of the clock at night, not being a lodger or inmate in such house or place, shall, upon conviction thereof in a summary way, before any one of the divisional justices of the division in which such dwelling house or place shall be situate, or before any one justice of the Castle division, forfeit and pay the sum of two pounds for the first offence, and shall for the second offence forfeit and pay the sum of twenty pounds, and shall for the third offence forfeit and pay the sum of fifty pounds; and upon conviction for such third offence the licence of such victualler or other person shall be forfeited, and shall be and become absolutely null and void; and the said penalties of two pounds, twenty pounds, and fifty pounds, in default of payment on demand, shall be levied by distress and sale of the offender's goods, and when levied shall be paid over to the receiver of the public offices; and in default of sufficient distress, it shall and may be lawful for the convicting justice to commit the offender to the house of correction for any space of time not exceeding one calendar month: Provided always, that upon the trial of any information or complaint for any such offence, any person having been in such dwelling house or place, and who in or by such information or complaint shall be stated to be a journeyman, apprentice, servant, artificer, labourer, sailor, seafaring man, or soldier, shall be deemed and taken to be such respectively, unless satisfactory evidence to the contrary thereof be given before such justice; and that proof that any person so found was a lodger or inmate in such house or place shall lie upon such victualler or other person selling or licensed to sell as aforesaid; and in the absence of such proof any such person shall be presumed not to have been a lodger or inmate: Provided also that it shall not be necessary in order to warrant any conviction of any such victualler or person selling or licensed to sell as aforesaid, for any such offence as aforesaid, that any person or persons so found in such house or place, under such circumstances as aforesaid, be previously or at all convicted of any such offence.
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