A rare 153 year-old Victorian law was used to haul a horse owner into court – for riding his mount when drunk.
Stuart Evans, 33, was found heavily intoxicated with the gelding outside a pub after an onlooker complained he was using his horse and cart at dusk without lights or reflective gear.
Officers told Warrington Magistrates’ Court how Evans became “argumentative” and refused to give his name and address when confronted outside the Half Way House in Runcorn, Cheshire, on Boxing Day last year.
JPs heard he was slurring his words and unsteady on his feet after drinking heavily all afternoon at the pub that was historically a resting stop for horse and carriage riders.
Evans was charged under the rarely-used Section 12 of the Licensing Act for being drunk in charge of a horse, an offence that once landed perpetrators a 40 shilling fine or a month’s hard labour if they failed to pay up.
Much of the ancient and archaic law has since been repealed with the maximum fine now being £200. But culprits can still be prosecuted for being drunk in charge of cattle, a steam engine and a bicycle.
This week labourer Evans, of Runcorn, admitted the offence explaining: ”What was said is sufficiently accurate and I may as well go guilty as I don’t have much of a choice. I have no representation or anything.
”I want to get this dealt with and sorted out. I am between labouring, little bits and pieces. I am trying to get my photo identification to claim benefits.”
The court heard the duty solicitor had viewed the charge sheet and said he did not need representation.
Prosecutor Louise Dempster had explained that on December 26th 2024 police were called by a member of the public complaining that a horse and carriage with no lights or reflector strips and with no care or attention to other road users was travelling up and down the road.
She added: “When police arrived the horse and carriage was at the side of the Half Way House. A PC Moran approached the horse and the defendant who was near the horse and carriage.
“He admitted being in charge of the horse. He was said to be argumentative and would not provide his details. He admitted to having had alcohol to the police. He was slurring his words and unsteady on his feet.
“Police suspected that he was intoxicated. Therefore he was arrested for being drunk in charge of a horse.”
After his arrest Evans was searched and the officer found a quantity of cannabis for personal use.
The court clerk said of the legislation for being drunk in charge of a horse: “It is a common law offence which dates back quite some time ago. It is a matter for a financial penalty.”
JPs fined Evans £80 for possession of cannabis but made no separate penalty for being drunk on charge of a horse. He was also ordered to pay a £32 surcharge and £85 costs.
According the archaic legal act, offenders found drunk in any highway or other public place, whether a building or not, or on any licensed premises, shall be liable to a penalty not exceeding ten shillings.
On a second conviction within a period of twelve months they can be liable to a penalty not exceeding twenty shillings, and on a third or subsequent conviction within such period of twelve months can be liable to a penalty not exceeding forty shillings.
It adds: ”Every person who in any highway or other public place, whether a building or not, is guilty while drunk of riotous or disorderly behaviour, or who is drunk while in charge on any highway or other public place of any carriage, horse, cattle, or. steam engine, or who is drunk when in possession of any loaded fire-arms, may be apprehended, and shall be liable to a penalty not exceeding forty shillings, or in the discretion of the court to imprisonment with or without hard labour for any term not exceeding one month.
”Where the court commits any person to prison for nonpayment of any penalty under this section, the court may order him to be imprisoned with hard labour.”
