BREAD. MILLERS, etc. Destruction of there, the miller is not restrained to any certain toll, but the persons who will have their corn ground there must comply with the miller's demands; and whatsoever he takes, it is not extortion, because it is the voluntary agreement of the parties (1). In some places the tenants are bound to have their corn ground the lord's mill (2). In an action on the case for erecting a mill, the lord declared upon a custom for all the inhabitants to grind at his mill, and that the defendant had built a mill there contrary to the custom, and this was adjudged a good custom; and suit to a mill may be by reason of tenure or service, and also by custom, and so may well bind strangers (3). A newly erected house within the precincts is within the custom of multure, and none may grind elsewhere, except in case of excessive toll, or that the grist cannot be ground in convenient time. (4) The owners of mills are protected in the enjoyment of their property by several statutes, by which the penalty of death is annexed to the offence of wilfully setting on fire or demolishing them. Lord Ellenborough's act provides this punishment, for wilfully, maliciously, and unlawfully setting fire to any house or mill, &c. whether it is in the possession of the person setting fire to it, or of any other person, or body corporate, with intent to injure or defraud his Majesty or any of his subjects (5). On a prosecution under this statute, where the fact of setting fire to the mill appeared from the prisoner's confession, but the witnessess for the prosecution, who were the clerks of the owner of the mill, stated that the prisoner was a harmless inoffensive man, that there had never been any quarrel or disagreement between him and his master or any of the clerks, and that they were not aware of any motive which could induce him to do the act, the judges thought, after the prisoner had been respited in order that their opinion might be taken, that the offence came within the act, as burning a mill under such circumstances must necessarily have been done with an intention to injure, though the principal object of the statute was to comprise the cases of a person's burning the house, &c. or mill of which he was tenant or owner, to the injury of his landlord or neighbour, or to defraud the insurance. Sentence of death was accordingly passed BREAD. upon the prisoner; but he was afterwards pardoned on condition of being imprisoned one year and kept to hard labour in the house MILLS, etc. of correction (1). The stat. 52 Geo. 3. c. 130., after reciting the 9 G. 1. c. 22., 9 G. 3. c. 29., 41 G. 3. c. 24., and 43 G. 3. c. 58., and that it was expedient and necessary that more effectual provisions should be made for the protection of property not within the provisions of those acts, ordains, that every person who shall wilfully and maliciously burn or set fire to any buildings, erections, or engines used or employed in the carrying on or conducting of any trade or manufactory, or any branch or department of any trade or manufactory of goods, wares, or merchandizes of any kind or description, or in which any goods shall be warehoused or deposited, shall, upon being lawfully convicted, be adjudged guilty of felony without benefit of clergy (2); and it enacts, that if any persons unlawfully, riotously, and tumultuously assembled together in disturbance of the public peace, shall unlawfully and with force demolish or pull down, or begin to demolish or pull down, any erection (3) and building, or engine used or employed in carrying on or conducting any trade or manufactory of goods, wares, or merchandize of any kind or description whatsoever, or in which any goods, wares, or merchandize shall be warehoused or deposited, that then every such demolishing or pulling down, or beginning to demolish or pull down, shall be adjudged felony without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death, as in cases of felony, without benefit of clergy (4). The person or persons injured or damnified by such demolishing or pulling down wholly or in part of any such erection, building, or engine as aforesaid, are entitled to recover the value of such erection, building, or engine, and of the machinery belonging thereto, or used therein, which shall be destroyed in such demolishing as aforesaid, or the amount of the damage which may be done to any such erection, building, or engine, or machinery aforesaid, in such tumultuous and riotous demolishing in part as aforesaid; and such value and damage shall and may be recovered, levied, raised, and reimbursed in such manner and form, and by such ways and means as are particularly provided, directed, or referred to in the 1 Geo. 1. stat. 2., in respect of the (1) Farrington's case, 1 Burn's Justice, 419. tit. Burning, Staff. Sum. Ass. 1811. (2) 52 Geo. 3. c. 130. s. 1. 3 East, 457. (4) 52 Geo. 3. c. 140. s. 2. . BREAD. MILLERS, etc. Proceedings to recover Damages. several descriptions of buildings therein mentioned (1). No person or persons shall be enabled to recover any damages by virtue of this act, unless he or they by themselves or by their servants, within two days after such damage or injury done him or them by any such offender, shall give notice of the offence unto some of the inhabitants of some town, village, or hamlet near unto the place where any such fact shall be committed, and shall, within four days after such notice, give in his, her, or their examination upon oath, or the examination upon oath of his, her, or their servant or servants that had the care of his or their erections, buildings, engines, or machinery so destroyed or damaged as aforesaid, before any justice of the peace of the county, liberty, or division where such fact shall be committed, inhabiting within the said hundred where the said fact shall happen to be committed, or near unto the same, whether he or they do know the person or persons that committed such fact, or any of them; and if, upon such examination, it be confessed that he or they do know the person or persons that committed the said fact, or any of them, that then he or they so confessing shall be bound by recognizance to prosecute such offender or offenders by indictment or otherwise, according to the law of this realm: provided that no person who shall sustain any damage by reason of any offence to be committed by any offenders contrary to the act, shall be thereby enabled to sue or bring any action against any inhabitants of any hundred where such offence shall be committed, except the party or parties sustaining such damage shall commence his or their action or suit within one year next after such offence shall be committed; but this notice may, in Scotland, be given to the sheriff or steward depute or substitute of the county or stewartry where such fact shall happen to be committed, in order that such measures may be taken as the law of Scotland prescribes in such cases. (2) In the case of the demolition of the works of mills, the determining whether the works destroyed belonged to the mill or were independent of it, forms a question for the jury, whose finding will be conclusive of that fact (3). In an action against the hundred, founded on the 41 Geo. 3. c. 24., to recover the damage sustained by the demolishing of mills, it is not necessary (1) 52 Geo. 3. c. 140. s. 3. (3) Rushforth v. Beatson. Dyson v. Beatson, 1 Price R. 343. to aver that the demolition was felonious (1). To recover, under the 52 Geo. 3. c. 130., the value of premises feloniously destroyed, which belonged to several partners in trade, three of whom were present when the fact was committed, the examination of one of the firm upon his oath, but without stating, that, to the best of his belief, the others had no knowledge of the person who committed the fact, is insufficient (2). The offence of burning, though specifically mentioned in a clause of the statute as distinct from a demolishing or pulling down, is included in the latter terms. It seems that a staith, which is a place of deposit for coals, is an erection, building, or engine within the meaning of the 1st and 2d sections of the 52 Geo. 3. c. 130.(3) The occupier of a mill may maintain an action for forcing back water and injuring his mill, although he has not enjoyed it precisely in the same state for twenty years; and it is no defence to such an action, that the occupier had, within a few years, erected in his mill a wheel of different dimensions, but requiring less water than the old one, although the declaration stated the plaintiff to be possessed of a mill, without alleging it to be an ancient mill. (4) BREAD. MILLS, etc. BREWER. As to the ingredients to be used by the brewer or dealer in or retailer of beer, it is required, by the 56 Geo. 3. c. 58., that he shall not have in his possession, or use in worts or beer, any liquor, &c. for darkening the colour, except brown malt, ground or unground, as commonly used in brewing; nor any Ingredients. melasses, honey, liquorice, vitriol, quassia, coculus Indiæ, grains of paradise, guinea pepper, or opium, as a substitute for malt or hops. Penalty, 200; besides the forfeiture of the noxious ingredients, the beer, and the vessels containing them (5). A £500 penalty, besides forfeiture of the materials, is also incurred by any druggist or other person who supplies these ingredients for the brewer (6). These penalties may be recovered or mi (1) Beatson v. Rushforth, 7 Taunt. 45. 2 Marsh, 362. 3 Price, 48. S. C. (2) Nesham v. Armstrong, 1 Barn. & Ald. 146. 1 Holt, 466. S. C. (3) Nesham v. Armstrong, 1 Holt, C. N. P. 466. (4) Saunders V. Newman, 1 Barn. & Ald. 258. (5) 56 Geo. 3. c. 58. s.2., which repeals 51 Geo. 3. c. 87. See ante, BEER. Casks, and different sorts of Beer. BREWER AND tigated as excise penalties are, or by action of debt, one-half to the king and the other to the informer (1). The public interest is also protected by various statutes, which regulate the size of the cask in which beer is allowed to be sold. To prevent impositions, it is required, by a stat. 23 Hen. 8. c. 4., that no brewer shall use the trade of a cooper, nor make casks for his own use. He may, however, keep one or two servants to amend or hoop casks (2). Every barrel for beer is required, by statute, to contain 36 gallons; a kilderkin, 18 gallons; a firkin, 9 gallons: a barrel for ale, 32 gallons; a kilderkin, 16 gallons; a firkin, 8 gallons. And no cooper can make any other vessel for beer or ale of any greater or less number of gallons, unless he cause to be marked ostensibly upon it the number of gallons which it contains (3). By stat. 59 Geo. 3. c. 53., after reciting that, by the 42 Geo. 3. c. 38., it was amongst other things enacted, that all beer or ale above the price of 16s. the barrel, exclusive of the duties, should be deemed strong beer or ale; and all beer at or under that price, table beer; and that it is expedient, during the continuance of the duties now imposed upon malt, to permit brewers of table beer to increase the price as therein mentioned, —it is enacted, that all beer and ale above the price of 18s. the barrel (exclusive of the duties) shall be deemed strong beer or ale, and all beer of that price, or under it, table beer (4). As soon as table beer is cleansed and put into casks, each cask is required to be marked with the capital Roman letter T, of the length of four inches at least (5); and such beer shall be kept in a separate storehouse or cellar from any other beer (6). Penalty, 50. Nor shall any table beer be put into any vessel containing more than three barrels, except for the purpose of preserving such vessel in a state to receive strong beer; but no strong beer shall be put into such vessel until the whole of the small beer is taken out, to the satisfaction of the proper officer of excise (7). Nor is any strong beer to be mixed with table beer or water in any vessel whatsoever, except in a known and entered guile tun, working tun, or fermenting tun (8). Also, |