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4 S.C.L. 161

Gilbert v. Hendricks

Supreme Court of South Carolina

Decided April 15, 1807

Supreme Court of South Carolina · decided 1807-04-15

Debt to recover the penalty imposed by an act of February, 1791, against'the defendant, as a justice of the peace for Lexington district, for retailing spirituous liquors. The act prohibits the retailing of spirituous liquors, or keeping of a tavern, by any justice of the peace, or any of his house or family, or for his emolument; or the granting of a license to retail, to any such.

Decided 1807-04-15

Bat, J.,

¶1delivered the resolution of the court, 28th April, 1807, Welds, J. absent. The case in Barnes very like this. It certainly appears to be a hard action. If the jury could conscientiously acquit the defendant, this court will not lend its aid to burthen him with this penalty, when it appears that he erred through mistake, or inadvertency ; and that he never made a practice of retailing, and had no apprehension that he was breaking the law.

¶2Motion discharged.

Note. Qmrce. Whether the- court could grant a new trial for the State on acquittal? See 1 Burr. 11, 12. Verdict against evidence, refused to be set aside. The action frivolous and vexatious, and real damage small. Vid. 1 Burr. 54, 664. See 2 John. 46. Justice done. If a penalty is given by statute, but no action for the recovery of it is therein given, an action of debt will lie for such penalty. Poph. 175.
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