Although there was no legal minimal age for drinking alcohol in 1849, the Judge viewed the 18 year-old man as an infant (presumably because the age of majority was then 21), much to the plaintiff’s confusion.
HIBBITT (Wm) v. ATTON (Wm H).
The plaintiff, a tailor, and landlord of the Shepherd and Shepherdess public house in Castle-street, Stamford, sued the defendant for 9 s. 11 1/2d. for beer and spirits supplied. – The Judge haaving learned that the defendant was only 18 years of age, said he might have appeared and pleaded ‘infancy,’ but as had not done so, he would hear the case. His Honour then told the plaintiff to read the items, which he did, giving the following as the amount of one day’s chalking up :- ‘Five half pints of ale, three glasses of gin-and-water, and three glasses of brandy.’ – Judge – ‘And you supplied this in one day to this infant?’ – Plaintiff (astonished) – ‘He has a dog and a gun, a game certificate, and he keeps a horse to go out a-hunting; and he sometimes treats his friends.’ – Judge – ‘What is he then?’ Plaintiff – ‘The son of a pawnbroker’. – Judge – ‘ Well he is but an ‘infant’ in the eye of the law. I shall disallow from the account the charge for spirits, and I shall make an order that the balance be paid when the ‘infant’ comes of age – in three years’ time.’ – The plaintiff seemed puzzled with the size and capacity for drink of the law’s ‘infants’.’
The Stamford Mercury, 12th January, 1849.