Eagle Hotel (Buninyong)

From Hotels of Ballarat
For other hotels with the same or similar names, see Eagle Hotel.
Eagle Hotel
Former Eagle Hotel, 1963, photo J. T. Collins, State Library of Victoria
Town Buninyong
Street Warrenheip Street
Opened 1858
Closed 1916
Known dates 1858-1916
Evidence Building still standing

The Eagle Hotel was a hotel in Buninyong, 1858-1916.

Site[edit | edit source]

The Eagle Hotel was in Warrenheip Street, Buninyong.[1][2] The building is still standing, and is believed to be the oldest building in Buninyong.[3]

Background[edit | edit source]

The Eagle Hotel opened in 1858.[2] It was a hotel in Buninyong, Victoria, 1858-1916. The hotel was closed by the License Reduction Board on 30 December 1916.[4]

History[edit | edit source]

In May 1910 the Ballarat Brewing Company took the licensee to court over outstanding debts. The case raised some interesting legal argument as to who was liable:

BREWERY’S CLAIM. AN INTERESTING POINT. Coghlan and Tulloch, trading as the Ballarat Brewing Company, proceeded against W. and E. Wyatt for the recovery of £55 for goods sold and delivered. Mr. J. B. Pearson appeared for plaintiffs, and Mr Lowe (instructed by Messrs Pink, Best, and Hall), for defendant. Mr Pearson explained that the defendants were the executors of the late Mrs Ward, the former licensee of the Eagle hotel, Buninyong, and the money claimed was for accounts rendered by the company to Mrs Ward for liquor supplied for a number of years. Mr Lowe announced that the defendants would deny contract, deny delivery, and raise the defence of the Statute Limitations. In any case, the contract, if any, was illegal, being in contravention of the Licensing Act 1890.

Wm. Sueth Ward, licensee of the Eagle hotel, Buninyong, said it was 13 years since he first went there. In 1897 he married Lydia Wyatt, the then licensee, and some little time after the marriage the license was put into witness’s name. His wife was dealing with the Ballarat Brewing Company. She died last year. She used to order the beer herself up to 12 months before her death and after she left off witness used to give the orders. His wife knew exactly what he ordered. He was in the habit of putting the takings in a box on their bedroom and witness never asked her how she spent the money. Up till five weeks before her death she had control of the money. Mr Lowe—Did you ever tell any body the business was entirely your own? Witness—No, its a downright lie. Further cross-examined, witness said he had told plaintiffs that he would stand no accounts after November, the date of his wife’s death. He had insured the property in his own name.
Herbert Morcom, traveller for the Ballarat Brewing Company, said he had done business with Mrs Ward, at the Eagle Hotel. He had taken orders from Mrs Ward, through Mr Ward. The accounts were paid by Mrs Ward. Jas. E. B. Millington, manager for the company, gave evidence that the firm had dealt with Mrs Ward since 1895. They had had no account with Mr Ward until his wife's death. The firm had always looked to Mrs Ward for the money, as the accounts were always in her name.
Ernest Wyatt, one of the executors of Lydia Ward, deceased, said he had a conversation with Mr Millington, relative to the account in connection with the Eagle Hotel. Mr Millington remarked that it was a strange thing that the accounts had been allowed to run on so long. Witness said "Surely there were profits in the business, during the ten years. Mrs Ward only left £14." Millington said he had asked Ward why the account had been run up so high, and Ward had replied that his wife had run him into such terrible expense by extravagance that he could not pay his way.
Mr Lowe argued that if the purchases were made by Mrs Ward, then there was an infringement of the Licensing Act, for Mrs Ward was carrying on the business without a license. It had been laid down that where goods had been supplied for an illegal purpose, the price could not be recorded. Mr Pearson submitted that Ward was acting as agent for Mrs Ward. His Honor—Can an agent hold a license? Mr Pearson—l see no reason why he can’t. His Honor—If the business was carried on in Mr Ward’s name, could Mrs Ward be prosecuted for sly grog selling, supposing such a charge could be laid? Mr Pearson —I cannot say without consulting the Act. Proceeding, Mr Pearson argued that Mrs Ward had no power to refuse to pay because she put the license in her husband’s name.

His Honor said that he was satisfied that Mrs Ward ordered the goods, either directly or after consultation with her husband. He was also satisfied that the payments made from time to time by Mrs Ward brought the case out of the Statute of Limitations. The only point that gave him any trouble was that concerning Section 182 of the Licensing Act. It had been contended that if Mrs Ward’s husband was the licensee, then the company supplied the goods to her to enable her to sell goods for an unlawful purpose, or, in other words, to sell liquor without a license. He found that the company knew her husband was the licensee, but that the goods were to be sold by the person who held the license. The stuff was supplied to her for sale, by her husband or her agents. He therefore gave a verdict for the amount claimed, costs to be taxed.[5]

On 22 March 1915, the hotel was included on a list of hotels to be deprived of their licenses. This list was complied by the Licenses Reduction Board in Melbourne. Licensing district hearings for hotels on this list were to be held at the Ballarat Supreme Court on 11 May.[1]

In 1916 the building was isolated following a fatal case of meningitis:

BUNINYONG. DEATH FROM MENINGITIS. A fatal case of meningitis hag been reported to Constable Olney, the sufferer being an infant four years old, daughter of Mrs John Hannah, of the Eagle Hotel. The child took ill on Monday last, and died at 7 o'clock on Wednesday evening. The premises have been isolated, under the instructions of the medical officer, Dr Longden. Much sympathy is expressed with Mrs Hannah in her trouble, she having lost her husband by death only a few months ago.[6]

The Eagle Hotel building is still standing, and is currently used as offices. It has been classified by the National Trust.[2]

Community Involvement[edit | edit source]

The People[edit | edit source]


See also[edit | edit source]

References[edit | edit source]

  1. 1.0 1.1 1915 'LICENSES REDUCTION BOARD.', The Argus (Melbourne, Vic. : 1848 - 1957), 23 March, p. 10, viewed 13 February, 2014, http://nla.gov.au/nla.news-article1504941
  2. 2.0 2.1 2.2 n.d., Buninyong Visitors Guide, pg.8
  3. Collins, John T 1963, [Eagle Store, Warrenheip St., Buninyong]
  4. 1917 'HOTEL CLOSED', The Ballarat Star (Vic. : 1865 - 1924), 4 January, p. 6, viewed 7 October, 2015, http://nla.gov.au/nla.news-article154807305.
  5. 5.0 5.1 5.2 1910 'BREWERY’S CLAIM.', The Ballarat Star (Vic. : 1865 - 1924), 18 May, p. 4. , viewed 31 Aug 2021, http://nla.gov.au/nla.news-article216057584
  6. 1916 'BUNINYONG.', The Ballarat Star (Vic. : 1865 - 1924), 26 May, p. 6, viewed 7 October, 2015, http://nla.gov.au/nla.news-article154672681
  7. 1876 'POLICE INTELLIGENCE.', The Ballarat Star (Vic. : 1865 - 1924), 23 December, p. 4. , viewed 09 May 2024, http://nla.gov.au/nla.news-article199833308
  8. 1877 'BUNINYONG LICENSING COURT.', The Ballarat Star (Vic. : 1865 - 1924), 22 December, p. 4, viewed 6 October, 2015, http://nla.gov.au/nla.news-article199282984
  9. 1878 'BUNINYONG.', The Ballarat Star (Vic. : 1865 - 1924), 20 December, p. 4. , viewed 22 Jan 2019, http://nla.gov.au/nla.news-article199346623
  10. 1883 'BUNINYONG ANNUAL LICENSING COURT.', The Ballarat Star (Vic. : 1865 - 1924), 22 December, p. 3, viewed 20 September, 2015, http://nla.gov.au/nla.news-article201620385
  11. Wise's Post Office Directory, 1888, Ancestry.com. Australia, City Directories, 1845-1948 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.
  12. 1893 'No title', The Ballarat Star (Vic. : 1865 - 1924), 6 July, p. 2. , viewed 01 Sep 2021, http://nla.gov.au/nla.news-article209788813
  13. 1913 'COUNTRY NEWS.', The Argus (Melbourne, Vic. : 1848 - 1957), 18 January, p. 20. , viewed 22 Jun 2019, http://nla.gov.au/nla.news-article10760784
  14. 1913 'COUNTRY NEWS.', The Age (Melbourne, Vic. : 1854 - 1954), 18 January, p. 17. , viewed 22 Jun 2019, http://nla.gov.au/nla.news-article201140557

External Links[edit | edit source]